2006 Code of Virginia § 54.1-2952 - Supervision of assistants by licensed physician, or podiatrist; services that may be performed by a...

54.1-2952. Supervision of assistants by licensed physician, or podiatrist;services that may be performed by assistants; responsibility of licensee;employment of assistants.

A. A physician or a podiatrist licensed under this chapter may apply to theBoard to supervise assistants and delegate certain acts which constitute thepractice of medicine to the extent and in the manner authorized by the Board.The physician shall provide continuous supervision as required by thissection; however, the requirement for physician supervision of assistantsshall not be construed as requiring the physical presence of the supervisingphysician during all times and places of service delivery by assistants. Eachteam of supervising physician and physician assistant shall identify therelevant physician assistant's scope of practice, including, but not limitedto, the delegation of medical tasks as appropriate to the physicianassistant's level of competence, the physician assistant's relationship withand access to the supervising physician, and an evaluation process for thephysician assistant's performance.

No licensee shall be allowed to supervise more than two assistants at any onetime.

Any professional corporation or partnership of any licensee, any hospital andany commercial enterprise having medical facilities for its employees whichare supervised by one or more physicians or podiatrists may employ one ormore assistants in accordance with the provisions of this section.

Activities shall be delegated in a manner consistent with sound medicalpractice and the protection of the health and safety of the patient. Suchservices shall be limited to those which are educational, diagnostic,therapeutic or preventive in nature, but shall not include the establishmentof a final diagnosis or treatment plan for the patient or the prescribing ordispensing of drugs, except as provided in 54.1-2952.1. In addition, alicensee is authorized to delegate and supervise initial and ongoingevaluation and treatment of any patient in a hospital, including itsemergency department, when performed under the direction, supervision andcontrol of the supervising licensee. When practicing in a hospital, theassistant shall report any acute or significant finding or change in apatient's clinical status to the supervising physician as soon ascircumstances require, and shall record such finding in appropriateinstitutional records. The assistant shall transfer to a supervisingphysician the direction of care of a patient in an emergency department whohas a life-threatening injury or illness. The supervising physician shallreview, prior to the patient's discharge, the services rendered to eachpatient by a physician assistant in a hospital's emergency department. Anassistant who is employed to practice in an emergency department shall beunder the supervision of a physician present within the facility.

Further, unless otherwise prohibited by federal law or by hospital bylaws,rules, or policies, nothing in this section shall prohibit any physicianassistant who is not employed by the emergency physician or his professionalentity from practicing in a hospital emergency department, within the scopeof his practice, while under continuous physician supervision as required bythis section, whether or not the supervising physician is physically presentin the facility. The supervising physician who authorizes such practice byhis assistant shall (i) retain exclusive supervisory control of andresponsibility for the assistant and (ii) be available at all times forconsultation with both the assistant and the emergency department physician.Prior to the patient's discharge from the emergency department, the assistantshall communicate the proposed disposition plan for any patient under hiscare to both his supervising physician and the emergency departmentphysician. No person shall have control of or supervisory responsibility forany physician assistant who is not employed by the person or the person'sbusiness entity.

B. No assistant shall perform any delegated acts except at the direction ofthe licensee and under his supervision and control. No physician assistantpracticing in a hospital shall render care to a patient unless the physicianresponsible for that patient has signed the protocol, pursuant to regulationsof the Board, to act as supervising physician for that assistant. Everylicensee, professional corporation or partnership of licensees, hospital orcommercial enterprise that employs an assistant shall be fully responsiblefor the acts of the assistant in the care and treatment of human beings.

(1973, c. 529, 54-281.4, 54-281.5; 1975, cc. 508, 565; 1985, c. 316; 1988,c. 765; 1992, c. 793; 1996, c. 779; 2000, cc. 467, 497; 2002, c. 387; 2005,c. 662.)