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§30-3E-10.  Practice agreement requirements.

(a) A practice agreement shall include:

(1) A description of the qualifications of the collaborating physician, the alternate collaborating physicians, if applicable, and the physician assistant;

(2) A description of the settings in which the collaborating physician assistant will practice;

(3) A description of the continuous physician collaboration mechanisms that are reasonable and appropriate for the practice setting, and the experience and training of the physician assistant;

(4) A description of the medical acts that are to be delegated;

(5) An attestation by the collaborating physician that the medical acts to be delegated are:

(A) Within the collaborating physician’s scope of practice; and

(B) Appropriate to the physician assistant’s education, training and level of competence;

(6) A description of the medical care the physician assistant will provide in an emergency, including a definition of an emergency;

(7) A description of the limitation of the ability of the physician assistant to prescribe as set forth in subdivision (7), subsection (a), section three of this article; and

(8) Any other information required by the boards.

(b) A licensing board may:

(1) Decline to authorize a physician assistant to commence practicing pursuant to a practice agreement, if the board determines that:

(A) The practice agreement is inadequate; or

(B) The physician assistant is unable to perform the proposed delegated duties safely; or

(2) Request additional information from the collaborating physician and/or the physician assistant to evaluate the delegation of duties and advanced duties.

(c) A licensing board may authorize a practice agreement that includes advanced duties which are to be performed in a hospital or ambulatory surgical facility, if the practice agreement has a certification that:

(1) A physician, with credentials that have been reviewed by the hospital or ambulatory surgical facility as a condition of employment as an independent contractor or as a member of the medical staff, collaborates with the physician assistant;

(2) The physician assistant has credentials that have been reviewed by the hospital or ambulatory surgical facility as a condition of employment as an independent contractor or as a member of the medical staff; and

(3) Each advanced duty to be delegated to the physician assistant is reviewed and approved within a process approved by the governing body of the health care facility or ambulatory surgical facility before the physician assistant performs the advanced duties.

(d) If a licensing board declines to authorize a practice agreement or any proposed delegated act incorporated therein, the board shall provide the collaborating physician and the physician assistant with written notice. A physician assistant who receives notice that the board has not authorized a practice agreement or a delegated act shall not practice under the agreement or perform the delegated act.

(e) If a practice agreement is terminated, then a physician assistant shall notify the appropriate licensing board in writing within ten days of the termination. Failure to provide timely notice of the termination constitutes unprofessional conduct and disciplinary proceedings may be instituted by the appropriate licensing board.

Note: WV Code updated with legislation passed through the 2017 Regular Session
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