147A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

147A.01 DEFINITIONS.
    Subdivision 1. Scope. For the purpose of this chapter the terms defined in this section have
the meanings given them.
    Subd. 2. Active status. "Active status" means the status of a person who has met all the
qualifications of a physician assistant, has a physician-physician assistant agreement in force,
and is registered.
    Subd. 3. Administer. "Administer" means the delivery by a physician assistant authorized
to prescribe legend drugs, a single dose of a legend drug, including controlled substances, to a
patient by injection, inhalation, ingestion, or by any other immediate means, and the delivery by a
physician assistant ordered by a physician a single dose of a legend drug by injection, inhalation,
ingestion, or by any other immediate means.
    Subd. 4. Agreement. "Agreement" means the document described in section 147A.20.
    Subd. 5. Alternate supervising physician. "Alternate supervising physician" means a
Minnesota licensed physician listed in the physician-physician assistant agreement who is
responsible for supervising the physician assistant when the main supervising physician is
unavailable. The alternate supervising physician shall accept full medical responsibility for the
performance, practice, and activities of the physician assistant while under the supervision of
the alternate supervising physician.
    Subd. 6. Board. "Board" means the Board of Medical Practice or its designee.
    Subd. 7. Controlled substances. "Controlled substances" has the meaning given it in section
152.01, subdivision 4.
    Subd. 8. Delegation form. "Delegation form" means the form used to indicate the categories
of drugs for which the authority to prescribe, administer, and dispense has been delegated to the
physician assistant and signed by the supervising physician, any alternate supervising physicians,
and the physician assistant. This form is part of the agreement described in section 147A.20, and
shall be maintained by the supervising physician and physician assistant at the address of record.
Copies shall be provided to the board upon request. "Addendum to the delegation form" means a
separate listing of the schedules and categories of controlled substances, if any, for which the
physician assistant has been delegated the authority to prescribe, administer, and dispense. The
addendum shall be maintained as a separate document as described above.
    Subd. 9. Diagnostic order. "Diagnostic order" means a directive to perform a procedure
or test, the purpose of which is to determine the cause and nature of a pathological condition
or disease.
    Subd. 10. Drug. "Drug" has the meaning given it in section 151.01, subdivision 5, including
controlled substances as defined in section 152.01, subdivision 4.
    Subd. 11. Drug category. "Drug category" means one of the categories listed on the
delegation form.
    Subd. 12. Inactive status. "Inactive status" means the status of a person who has met all the
qualifications of a physician assistant, and is registered, but does not have a physician-physician
assistant agreement in force.
    Subd. 13. Internal protocol. "Internal protocol" means a document written by the
supervising physician and the physician assistant which specifies the policies and procedures
which will apply to the physician assistant's prescribing, administering, and dispensing of
legend drugs and medical devices, including controlled substances as defined in section 152.01,
subdivision 4 , and lists the specific categories of drugs and medical devices, with any exceptions
or conditions, that the physician assistant is authorized to prescribe, administer, and dispense. The
supervising physician and physician assistant shall maintain the protocol at the address of record.
Copies shall be provided to the board upon request.
    Subd. 14. Legend drug. "Legend drug" has the meaning given it in section 151.01,
subdivision 17 .
    Subd. 15. Locum tenens permit. "Locum tenens permit" means time specific temporary
permission for a physician assistant to practice as a physician assistant in a setting other than the
practice setting established in the physician-physician assistant agreement.
    Subd. 16. Medical device. "Medical device" means durable medical equipment and assistive
or rehabilitative appliances, objects, or products that are required to implement the overall
plan of care for the patient and that are restricted by federal law to use upon prescription by a
licensed practitioner.
    Subd. 17. Physician. "Physician" means a person currently licensed in good standing as
a physician or osteopath under chapter 147.
    Subd. 18. Physician assistant or registered physician assistant. "Physician assistant" or
"registered physician assistant" means a person registered pursuant to this chapter who is qualified
by academic or practical training or both to provide patient services as specified in this chapter,
under the supervision of a supervising physician.
    Subd. 19. Practice setting description. "Practice setting description" means a signed record
submitted to the board on forms provided by the board, on which:
(1) the supervising physician assumes full medical responsibility for the medical care
rendered by a physician assistant;
(2) is recorded the address and phone number of record of each supervising physician and
alternate, and the physicians' medical license numbers and DEA number;
(3) is recorded the address and phone number of record of the physician assistant and the
physician assistant's registration number and DEA number;
(4) is recorded whether the physician assistant has been delegated prescribing, administering,
and dispensing authority;
(5) is recorded the practice setting, address or addresses and phone number or numbers of
the physician assistant; and
(6) is recorded a statement of the type, amount, and frequency of supervision.
    Subd. 20. Prescribe. "Prescribe" means to direct, order, or designate by means of a
prescription the preparation, use of, or manner of using a drug or medical device.
    Subd. 21. Prescription. "Prescription" means a signed written order, or an oral order
reduced to writing, given by a physician assistant authorized to prescribe drugs for patients in the
course of the physician assistant's practice, issued for an individual patient and containing the
information required in the delegation form.
    Subd. 22. Registration. "Registration" is the process by which the board determines that an
applicant has been found to meet the standards and qualifications found in this chapter.
    Subd. 23. Supervising physician. "Supervising physician" means a Minnesota licensed
physician who accepts full medical responsibility for the performance, practice, and activities of a
physician assistant under an agreement as described in section 147A.20. A supervising physician
shall not supervise more than two full-time equivalent physician assistants simultaneously.
    Subd. 24. Supervision. "Supervision" means overseeing the activities of, and accepting
responsibility for, the medical services rendered by a physician assistant. The constant physical
presence of the supervising physician is not required so long as the supervising physician and
physician assistant are or can be easily in contact with one another by radio, telephone, or other
telecommunication device. The scope and nature of the supervision shall be defined by the
individual physician-physician assistant agreement.
    Subd. 25. Temporary registration. "Temporary registration" means the status of a person
who has satisfied the education requirement specified in this chapter; is enrolled in the next
examination required in this chapter; or is awaiting examination results; has a physician-physician
assistant agreement in force as required by this chapter, and has submitted a practice setting
description to the board. Such provisional registration shall expire 90 days after completion of the
next examination sequence, or after one year, whichever is sooner, for those enrolled in the next
examination; and upon receipt of the examination results for those awaiting examination results.
The registration shall be granted by the board or its designee.
    Subd. 26. Therapeutic order. "Therapeutic order" means an order given to another for the
purpose of treating or curing a patient in the course of a physician assistant's practice. Therapeutic
orders may be written or verbal, but do not include the prescribing of legend drugs or medical
devices unless prescribing authority has been delegated within the physician-physician assistant
agreement.
    Subd. 27. Verbal order. "Verbal order" means an oral order given to another for the purpose
of treating or curing a patient in the course of a physician assistant's practice. Verbal orders do not
include the prescribing of legend drugs unless prescribing authority has been delegated within
the physician-physician assistant agreement.
History: 1995 c 205 art 1 s 1; 2003 c 2 art 1 s 18,19

147A.02 QUALIFICATIONS FOR REGISTRATION.
Except as otherwise provided in this chapter, an individual shall be registered by the board
before the individual may practice as a physician assistant.
The board may grant registration as a physician assistant to an applicant who:
(1) submits an application on forms approved by the board;
(2) pays the appropriate fee as determined by the board;
(3) has current certification from the National Commission on Certification of Physician
Assistants, or its successor agency as approved by the board;
(4) certifies that the applicant is mentally and physically able to engage safely in practice as a
physician assistant;
(5) has no licensure, certification, or registration as a physician assistant under current
discipline, revocation, suspension, or probation for cause resulting from the applicant's practice as
a physician assistant, unless the board considers the condition and agrees to licensure;
(6) submits any other information the board deems necessary to evaluate the applicant's
qualifications; and
(7) has been approved by the board.
All persons registered as physician assistants as of June 30, 1995, are eligible for continuing
registration renewal. All persons applying for registration after that date shall be registered
according to this chapter.
History: 1995 c 205 art 1 s 2; 2004 c 279 art 2 s 1

147A.03 PROTECTED TITLES AND RESTRICTIONS ON USE.
    Subdivision 1. Protected titles. No individual may use the titles "Minnesota Registered
Physician Assistant," "Registered Physician Assistant," "Physician Assistant," or "PA" in
connection with the individual's name, or any other words, letters, abbreviations, or insignia
indicating or implying that the individual is registered with the state unless they have been
registered according to this chapter.
    Subd. 2. Health care practitioners. Individuals practicing in a health care occupation
are not restricted in the provision of services included in this chapter as long as they do not
hold themselves out as physician assistants by or through the titles provided in subdivision 1 in
association with provision of these services.
    Subd. 3. Identification of registered practitioners. Physician assistants in Minnesota shall
wear name tags which identify them as physician assistants.
    Subd. 4. Sanctions. Individuals who hold themselves out as physician assistants by or
through any of the titles provided in subdivision 1 without prior registration shall be subject to
sanctions or actions against continuing the activity according to section 214.11, or other authority.
History: 1995 c 205 art 1 s 3

147A.04 TEMPORARY PERMIT.
The board may issue a temporary permit to practice to a physician assistant eligible for
registration under this chapter only if the application for registration is complete, all requirements
have been met, and a nonrefundable fee set by the board has been paid. The permit remains valid
only until the meeting of the board at which a decision is made on the application for registration.
History: 1995 c 205 art 1 s 4

147A.05 INACTIVE REGISTRATION.
Physician assistants who notify the board in writing on forms prescribed by the board may
elect to place their registrations on an inactive status. Physician assistants with an inactive
registration shall be excused from payment of renewal fees and shall not practice as physician
assistants. Persons who engage in practice while their registrations are lapsed or on inactive status
shall be considered to be practicing without registration, which shall be grounds for discipline
under section 147A.13. Physician assistants requesting restoration from inactive status shall be
required to pay the current renewal fees and all unpaid back fees and shall be required to meet the
criteria for renewal specified in section 147A.07.
History: 1995 c 205 art 1 s 5

147A.06 CANCELLATION OF REGISTRATION FOR NONRENEWAL.
The board shall not renew, reissue, reinstate, or restore a registration that has lapsed on or
after July 1, 1996, and has not been renewed within two annual renewal cycles starting July 1,
1997. A registrant whose registration is canceled for nonrenewal must obtain a new registration by
applying for registration and fulfilling all requirements then in existence for an initial registration
to practice as a physician assistant.
History: 1995 c 205 art 1 s 6

147A.07 RENEWAL.
A person who holds a registration as a physician assistant shall, upon notification from
the board, renew the registration by:
(1) submitting the appropriate fee as determined by the board;
(2) completing the appropriate forms;
(3) meeting any other requirements of the board;
(4) submitting a revised and updated practice setting description showing evidence of annual
review of the physician-physician assistant supervisory agreement.
History: 1995 c 205 art 1 s 7

147A.08 EXEMPTIONS.
(a) This chapter does not apply to, control, prevent, or restrict the practice, service, or
activities of persons listed in section 147.09, clauses (1) to (6) and (8) to (13), persons regulated
under section 214.01, subdivision 2, or persons defined in section 144.1501, subdivision 1,
paragraphs (f), (h), and (i).
(b) Nothing in this chapter shall be construed to require registration of:
(1) a physician assistant student enrolled in a physician assistant or surgeon assistant
educational program accredited by the Committee on Allied Health Education and Accreditation
or by its successor agency approved by the board;
(2) a physician assistant employed in the service of the federal government while performing
duties incident to that employment; or
(3) technicians, other assistants, or employees of physicians who perform delegated tasks in
the office of a physician but who do not identify themselves as a physician assistant.
History: 1995 c 205 art 1 s 8; 1997 c 183 art 2 s 20; 1Sp2003 c 14 art 7 s 47; 1Sp2005 c 4
art 6 s 40

147A.09 SCOPE OF PRACTICE, DELEGATION.
    Subdivision 1. Scope of practice. Physician assistants shall practice medicine only with
physician supervision. Physician assistants may perform those duties and responsibilities as
delegated in the physician-physician assistant agreement and delegation forms maintained at the
address of record by the supervising physician and physician assistant, including the prescribing,
administering, and dispensing of medical devices and drugs, excluding anesthetics, other than
local anesthetics, injected in connection with an operating room procedure, inhaled anesthesia
and spinal anesthesia.
Patient service must be limited to:
(1) services within the training and experience of the physician assistant;
(2) services customary to the practice of the supervising physician;
(3) services delegated by the supervising physician; and
(4) services within the parameters of the laws, rules, and standards of the facilities in which
the physician assistant practices.
Nothing in this chapter authorizes physician assistants to perform duties regulated by the
boards listed in section 214.01, subdivision 2, other than the Board of Medical Practice, and
except as provided in this section.
    Subd. 2. Delegation. Patient services may include, but are not limited to, the following, as
delegated by the supervising physician and authorized in the agreement:
(1) taking patient histories and developing medical status reports;
(2) performing physical examinations;
(3) interpreting and evaluating patient data;
(4) ordering or performing diagnostic procedures, including radiography;
(5) ordering or performing therapeutic procedures;
(6) providing instructions regarding patient care, disease prevention, and health promotion;
(7) assisting the supervising physician in patient care in the home and in health care facilities;
(8) creating and maintaining appropriate patient records;
(9) transmitting or executing specific orders at the direction of the supervising physician;
(10) prescribing, administering, and dispensing legend drugs and medical devices if this
function has been delegated by the supervising physician pursuant to and subject to the limitations
of section 147A.18 and chapter 151. Physician assistants who have been delegated the authority to
prescribe controlled substances shall maintain a separate addendum to the delegation form which
lists all schedules and categories of controlled substances which the physician assistant has the
authority to prescribe. This addendum shall be maintained with the physician-physician assistant
agreement, and the delegation form at the address of record;
(11) for physician assistants not delegated prescribing authority, administering legend drugs
and medical devices following prospective review for each patient by and upon direction of
the supervising physician;
(12) functioning as an emergency medical technician with permission of the ambulance
service and in compliance with section 144E.127, and ambulance service rules adopted by the
commissioner of health;
(13) initiating evaluation and treatment procedures essential to providing an appropriate
response to emergency situations; and
(14) certifying a physical disability under section 169.345, subdivision 2a.
Orders of physician assistants shall be considered the orders of their supervising physicians
in all practice-related activities, including, but not limited to, the ordering of diagnostic,
therapeutic, and other medical services.
History: 1995 c 205 art 1 s 9; 1997 c 199 s 14; 1999 c 245 art 9 s 65; 2003 c 108 s 1;
2004 c 279 art 2 s 2

147A.10 SATELLITE SETTINGS.
Physician assistants may render services in a setting geographically remote from the
supervising physician.
History: 1995 c 205 art 1 s 10

147A.11 EXCLUSIONS OF LIMITATIONS ON EMPLOYMENT.
Nothing in this chapter shall be construed to limit the employment arrangement of a
physician assistant registered under this chapter.
History: 1995 c 205 art 1 s 11

147A.13 GROUNDS FOR DISCIPLINARY ACTION.
    Subdivision 1. Grounds listed. The board may refuse to grant registration or may impose
disciplinary action as described in this subdivision against any physician assistant. The following
conduct is prohibited and is grounds for disciplinary action:
(1) failure to demonstrate the qualifications or satisfy the requirements for registration
contained in this chapter or rules of the board. The burden of proof shall be upon the applicant to
demonstrate such qualifications or satisfaction of such requirements;
(2) obtaining registration by fraud or cheating, or attempting to subvert the examination
process. Conduct which subverts or attempts to subvert the examination process includes, but is
not limited to:
(i) conduct which violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of any
portion of a future, current, or previously administered licensing examination;
(ii) conduct which violates the standard of test administration, such as communicating with
another examinee during administration of the examination, copying another examinee's answers,
permitting another examinee to copy one's answers, or possessing unauthorized materials; and
(iii) impersonating an examinee or permitting an impersonator to take the examination
on one's own behalf;
(3) conviction, during the previous five years, of a felony reasonably related to the practice
of physician assistant. Conviction as used in this subdivision includes a conviction of an offense
which if committed in this state would be deemed a felony without regard to its designation
elsewhere, or a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered;
(4) revocation, suspension, restriction, limitation, or other disciplinary action against the
person's physician assistant credentials in another state or jurisdiction, failure to report to the
board that charges regarding the person's credentials have been brought in another state or
jurisdiction, or having been refused registration by any other state or jurisdiction;
(5) advertising which is false or misleading, violates any rule of the board, or claims without
substantiation the positive cure of any disease or professional superiority to or greater skill than
that possessed by another physician assistant;
(6) violating a rule adopted by the board or an order of the board, a state, or federal law
which relates to the practice of a physician assistant, or in part regulates the practice of a physician
assistant, including without limitation sections 148A.02, 609.344, and 609.345, or a state or
federal narcotics or controlled substance law;
(7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm the public,
or demonstrating a willful or careless disregard for the health, welfare, or safety of a patient; or
practice which is professionally incompetent, in that it may create unnecessary danger to any
patient's life, health, or safety, in any of which cases, proof of actual injury need not be established;
(8) failure to adhere to the provisions of the physician-physician assistant agreement;
(9) engaging in the practice of medicine beyond that allowed by the physician-physician
assistant agreement, including the delegation form or the addendum to the delegation form, or
aiding or abetting an unlicensed person in the practice of medicine;
(10) adjudication as mentally incompetent, mentally ill or developmentally disabled, or as
a chemically dependent person, a person dangerous to the public, a sexually dangerous person,
or a person who has a sexual psychopathic personality by a court of competent jurisdiction,
within or without this state. Such adjudication shall automatically suspend a registration for its
duration unless the board orders otherwise;
(11) engaging in unprofessional conduct. Unprofessional conduct includes any departure
from or the failure to conform to the minimal standards of acceptable and prevailing practice in
which proceeding actual injury to a patient need not be established;
(12) inability to practice with reasonable skill and safety to patients by reason of illness,
drunkenness, use of drugs, narcotics, chemicals, or any other type of material, or as a result
of any mental or physical condition, including deterioration through the aging process or loss
of motor skills;
(13) revealing a privileged communication from or relating to a patient except when
otherwise required or permitted by law;
(14) any use of the title "Physician," "Doctor," or "Dr.";
(15) improper management of medical records, including failure to maintain adequate
medical records, to comply with a patient's request made pursuant to section 144.335, or to furnish
a medical record or report required by law;
(16) engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws;
(17) becoming addicted or habituated to a drug or intoxicant;
(18) prescribing a drug or device for other than medically accepted therapeutic, experimental,
or investigative purposes authorized by a state or federal agency or referring a patient to any
health care provider as defined in section 144.335 for services or tests not medically indicated at
the time of referral;
(19) engaging in conduct with a patient which is sexual or may reasonably be interpreted
by the patient as sexual, or in any verbal behavior which is seductive or sexually demeaning to
a patient;
(20) failure to make reports as required by section 147A.14 or to cooperate with an
investigation of the board as required by section 147A.15, subdivision 3;
(21) knowingly providing false or misleading information that is directly related to the care
of that patient unless done for an accepted therapeutic purpose such as the administration of
a placebo;
(22) aiding suicide or aiding attempted suicide in violation of section 609.215 as established
by any of the following:
(i) a copy of the record of criminal conviction or plea of guilty for a felony in violation of
section 609.215, subdivision 1 or 2;
(ii) a copy of the record of a judgment of contempt of court for violating an injunction
issued under section 609.215, subdivision 4;
(iii) a copy of the record of a judgment assessing damages under section 609.215, subdivision
5 ; or
(iv) a finding by the board that the person violated section 609.215, subdivision 1 or 2. The
board shall investigate any complaint of a violation of section 609.215, subdivision 1 or 2; or
(23) failure to maintain annually reviewed and updated physician-physician assistant
agreements, internal protocols, or prescribing delegation forms for each physician-physician
assistant practice relationship, or failure to provide copies of such documents upon request by
the board.
    Subd. 2. Effective dates, automatic suspension. A suspension, revocation, condition,
limitation, qualification, or restriction of a registration shall be in effect pending determination of
an appeal unless the court, upon petition and for good cause shown, orders otherwise.
A physician assistant registration is automatically suspended if:
(1) a guardian of a registrant is appointed by order of a court pursuant to sections 524.5-101
to 524.5-502, for reasons other than the minority of the registrant; or
(2) the registrant is committed by order of a court pursuant to chapter 253B. The registration
remains suspended until the registrant is restored to capacity by a court and, upon petition by the
registrant, the suspension is terminated by the board after a hearing.
    Subd. 3. Conditions on reissued registration. In its discretion, the board may restore and
reissue a physician assistant registration, but may impose as a condition any disciplinary or
corrective measure which it might originally have imposed.
    Subd. 4. Temporary suspension of registration. In addition to any other remedy provided
by law, the board may, without a hearing, temporarily suspend the registration of a physician
assistant if the board finds that the physician assistant has violated a statute or rule which the
board is empowered to enforce and continued practice by the physician assistant would create
a serious risk of harm to the public. The suspension shall take effect upon written notice to
the physician assistant, specifying the statute or rule violated. The suspension shall remain in
effect until the board issues a final order in the matter after a hearing. At the time it issues the
suspension notice, the board shall schedule a disciplinary hearing to be held pursuant to the
Administrative Procedure Act.
The physician assistant shall be provided with at least 20 days' notice of any hearing held
pursuant to this subdivision. The hearing shall be scheduled to begin no later than 30 days after
the issuance of the suspension order.
    Subd. 5. Evidence. In disciplinary actions alleging a violation of subdivision 1, clause
(3) or (4), a copy of the judgment or proceeding under the seal of the court administrator or of
the administrative agency which entered it shall be admissible into evidence without further
authentication and shall constitute prima facie evidence of the contents thereof.
    Subd. 6. Mental examination; access to medical data. (a) If the board has probable
cause to believe that a physician assistant comes under subdivision 1, clause (1), it may direct
the physician assistant to submit to a mental or physical examination. For the purpose of this
subdivision, every physician assistant registered under this chapter is deemed to have consented
to submit to a mental or physical examination when directed in writing by the board and further
to have waived all objections to the admissibility of the examining physicians' testimony or
examination reports on the ground that the same constitute a privileged communication. Failure
of a physician assistant to submit to an examination when directed constitutes an admission
of the allegations against the physician assistant, unless the failure was due to circumstance
beyond the physician assistant's control, in which case a default and final order may be entered
without the taking of testimony or presentation of evidence. A physician assistant affected under
this subdivision shall at reasonable intervals be given an opportunity to demonstrate that the
physician assistant can resume competent practice with reasonable skill and safety to patients. In
any proceeding under this subdivision, neither the record of proceedings nor the orders entered by
the board shall be used against a physician assistant in any other proceeding.
(b) In addition to ordering a physical or mental examination, the board may, notwithstanding
sections 13.384, 144.651, or any other law limiting access to medical or other health data, obtain
medical data and health records relating to a registrant or applicant without the registrant's or
applicant's consent if the board has probable cause to believe that a physician assistant comes
under subdivision 1, clause (1).
The medical data may be requested from a provider, as defined in section 144.335,
subdivision 1 , paragraph (b), an insurance company, or a government agency, including the
Department of Human Services. A provider, insurance company, or government agency shall
comply with any written request of the board under this subdivision and is not liable in any action
for damages for releasing the data requested by the board if the data are released pursuant to a
written request under this subdivision, unless the information is false and the provider giving the
information knew, or had reason to believe, the information was false. Information obtained under
this subdivision is classified as private under chapter 13.
    Subd. 7. Tax clearance certificate. (a) In addition to the provisions of subdivision 1, the
board may not issue or renew a registration if the commissioner of revenue notifies the board and
the registrant or applicant for registration that the registrant or applicant owes the state delinquent
taxes in the amount of $500 or more. The board may issue or renew the registration only if:
(1) the commissioner of revenue issues a tax clearance certificate; and
(2) the commissioner of revenue, the registrant, or the applicant forwards a copy of the
clearance to the board.
The commissioner of revenue may issue a clearance certificate only if the registrant or applicant
does not owe the state any uncontested delinquent taxes.
(b) For purposes of this subdivision, the following terms have the meanings given:
(1) "Taxes" are all taxes payable to the commissioner of revenue, including penalties and
interest due on those taxes, and
(2) "Delinquent taxes" do not include a tax liability if:
(i) an administrative or court action that contests the amount or validity of the liability has
been filed or served;
(ii) the appeal period to contest the tax liability has not expired; or
(iii) the licensee or applicant has entered into a payment agreement to pay the liability
and is current with the payments.
(c) When a registrant or applicant is required to obtain a clearance certificate under this
subdivision, a contested case hearing must be held if the registrant or applicant requests a hearing
in writing to the commissioner of revenue within 30 days of the date of the notice provided in
paragraph (a). The hearing must be held within 45 days of the date the commissioner of revenue
refers the case to the Office of Administrative Hearings. Notwithstanding any law to the contrary,
the licensee or applicant must be served with 20 days' notice in writing specifying the time and
place of the hearing and the allegations against the registrant or applicant. The notice may be
served personally or by mail.
(d) The board shall require all registrants or applicants to provide their Social Security
number and Minnesota business identification number on all registration applications. Upon
request of the commissioner of revenue, the board must provide to the commissioner of revenue
a list of all registrants and applicants, including their names and addresses, Social Security
numbers, and business identification numbers. The commissioner of revenue may request a list of
the registrants and applicants no more than once each calendar year.
History: 1995 c 205 art 1 s 12; 1997 c 7 art 1 s 76; 1999 c 227 s 22; 2004 c 146 art 3 s
7; 2005 c 56 s 1

147A.14 REPORTING OBLIGATIONS.
    Subdivision 1. Permission to report. A person who has knowledge of any conduct
constituting grounds for discipline under this chapter may report the violation to the board.
    Subd. 2. Institutions. Any hospital, clinic, prepaid medical plan, or other health care
institution or organization located in this state shall report to the board any action taken by the
institution or organization, any of its administrators, or its medical or other committees to revoke,
suspend, restrict, or condition a physician assistant's privilege to practice or treat patients in the
institution or as part of the organization, any denial of privileges, or any other disciplinary action.
The institution or organization shall also report the resignation of any physician assistants prior to
the conclusion of any disciplinary proceeding, or prior to the commencement of formal charges
but after the physician assistant had knowledge that formal charges were contemplated or in
preparation. Each report made under this subdivision must state the nature of the action taken,
state in detail the reasons for the action, and identify the specific patient medical records upon
which the action was based. No report shall be required of a physician assistant voluntarily
limiting the practice of the physician assistant at a hospital provided that the physician assistant
notifies all hospitals at which the physician assistant has privileges of the voluntary limitation
and the reasons for it.
    Subd. 3. Physician assistant organizations. A state or local physician assistant organization
shall report to the board any termination, revocation, or suspension of membership or any other
disciplinary action taken against a physician assistant. If the society has received a complaint
which might be grounds for discipline under this chapter against a member physician assistant
on which it has not taken any disciplinary action, the society shall report the complaint and the
reason why it has not taken action on it or shall direct the complainant to the Board of Medical
Practice. This subdivision does not apply to a physician assistant organization when it performs
peer review functions as an agent of an outside entity, organization, or system.
    Subd. 4. Licensed professionals. Licensed health professionals and persons holding
residency permits under section 147.0391, shall report to the board personal knowledge of
any conduct which the person reasonably believes constitutes grounds for disciplinary action
under this chapter by a physician assistant, including any conduct indicating that the person
may be incompetent, or may have engaged in unprofessional conduct or may be medically or
physically unable to engage safely in practice as a physician assistant. No report shall be required
if the information was obtained in the course of a physician-patient relationship if the patient is
a physician assistant, and the treating physician successfully counsels the person to limit or
withdraw from practice to the extent required by the impairment.
    Subd. 5. Insurers. Four times each year as prescribed by the board, each insurer authorized to
sell insurance described in section 60A.06, subdivision 1, clause (13), and providing professional
liability insurance to physician assistants, and any medical clinic, hospital, political subdivision,
or other entity that self-insures and provides professional liability coverage to physician assistants,
shall submit to the board a report concerning the physician assistants against whom professional
malpractice settlements or awards have been made to the plaintiff.
Any medical clinic, hospital, political subdivision, or other entity which provides liability
coverage on behalf of a physician assistant shall submit to the board a report concerning
settlements or awards paid on behalf of a physician assistant, and any settlements or awards
paid by a clinic, hospital, political subdivision, or other entity on its own behalf because of care
rendered by a physician assistant. The report shall be made to the board within 30 days of any
settlement. The report must contain at least the following information:
(1) the total number of medical malpractice settlements or awards made to the plaintiff;
(2) the date the medical malpractice settlements or awards to the plaintiff were made;
(3) the allegations contained in the claim or complaint leading to the settlements or awards
made to the plaintiff;
(4) the dollar amount of each medical malpractice settlement or award;
(5) the regular address of the practice of the physician assistant against whom an award was
made or with whom a settlement was made; and
(6) the name of the physician assistant against whom an award was made or with whom a
settlement was made.
The insurance company shall, in addition to the above information, report to the board any
information it possesses which tends to substantiate a charge that a physician assistant may
have engaged in conduct violating this chapter.
    Subd. 6. Courts. The court administrator of district court or any other court of competent
jurisdiction shall report to the board any judgment or other determination of the court which
adjudges or includes a finding that a physician assistant is mentally ill, mentally incompetent,
guilty of a felony, guilty of a violation of federal or state narcotics laws or controlled substances
act, or guilty of an abuse or fraud under Medicare or Medicaid, appoints a guardian of the
physician assistant pursuant to sections 524.5-101 to 524.5-502, or commits a physician assistant
pursuant to chapter 253B.
    Subd. 7. Self-reporting. A physician assistant shall report to the board any personal action
which is a violation of this chapter.
    Subd. 8. Deadlines; forms. Reports required by subdivisions 2 to 7 must be submitted not
later than 30 days after the occurrence of the reportable event or transaction. The board may
provide forms for the submission of reports required by this section, may require that reports be
submitted on the forms provided, and may adopt rules necessary to assure prompt and accurate
reporting.
    Subd. 9. Subpoenas. The board may issue subpoenas for the production of any reports
required by subdivisions 2 to 7 or any related documents.
History: 1995 c 205 art 1 s 13; 2004 c 146 art 3 s 47

147A.15 IMMUNITY.
    Subdivision 1. Reporting. Any person, health care facility, business, or organization is
immune from civil liability or criminal prosecution for submitting a report to the board pursuant
to this chapter or for otherwise reporting to the board violations or alleged violations of this
chapter. All such reports are confidential and absolutely privileged communications.
    Subd. 2. Investigation; indemnification. (a) Members of the board, persons employed by
the board, and consultants retained by the board for the purpose of investigation of violations or
the preparation and management of charges of violations of this chapter on behalf of the board are
immune from civil liability and criminal prosecution for any actions, transactions, or publications
in the execution of, or relating to, their duties under this chapter.
(b) Members of the board and persons employed by the board or engaged in maintaining
records and making reports regarding adverse health care events are immune from civil liability
and criminal prosecution for any actions, transactions, or publications in the execution of or
relating to their duties under section 147A.155.
(c) For purposes of this section, a member of the board or a consultant described in paragraph
(a) is considered a state employee under section 3.736, subdivision 9.
    Subd. 3. Physician assistant cooperation. A physician assistant who is the subject of an
investigation by or on behalf of the board shall cooperate fully with the investigation. Cooperation
includes responding fully and promptly to any question raised by or on behalf of the board
relating to the subject of the investigation and providing copies of patient medical records, as
reasonably requested by the board, to assist the board in its investigation. The board shall pay for
copies requested. If the board does not have a written consent from a patient permitting access to
the patient's records, the physician assistant shall delete any data in the record which identifies the
patient before providing it to the board. The board shall maintain any records obtained pursuant to
this section as investigative data pursuant to chapter 13.
History: 1995 c 205 art 1 s 14; 2004 c 186 s 5

147A.155 REPORTS TO THE COMMISSIONER OF HEALTH.
(a) The board shall maintain a record of an event that comes to the board's attention that,
in the judgment of the board or a committee of the board, qualifies as an adverse health care
event under section 144.7065.
(b) Within 30 days of making a determination under paragraph (a) that an event qualifies as
an adverse health care event, the board shall forward to the commissioner of health a report of
the event, including the facility involved, the date of the event, and information known to the
board regarding the event. The report shall not include any identifying information for any of the
health care professionals, facility employees, or patients involved.
History: 2004 c 186 s 6

147A.16 FORMS OF DISCIPLINARY ACTION.
When the board finds that a registered physician assistant has violated a provision of this
chapter, it may do one or more of the following:
(1) revoke the registration;
(2) suspend the registration;
(3) impose limitations or conditions on the physician assistant's practice, including
limiting the scope of practice to designated field specialties; impose retraining or rehabilitation
requirements; require practice under additional supervision; or condition continued practice on
demonstration of knowledge or skills by appropriate examination or other review of skill and
competence;
(4) impose a civil penalty not exceeding $10,000 for each separate violation, the amount of
the civil penalty to be fixed so as to deprive the physician assistant of any economic advantage
gained by reason of the violation charged or to reimburse the board for the cost of the investigation
and proceeding;
(5) order the physician assistant to provide unremunerated professional service under
supervision at a designated public hospital, clinic, or other health care institution; or
(6) censure or reprimand the registered physician assistant.
Upon judicial review of any board disciplinary action taken under this chapter, the reviewing
court shall seal the administrative record, except for the board's final decision, and shall not make
the administrative record available to the public.
History: 1995 c 205 art 1 s 15

147A.17 PHYSICIAN ASSISTANT ACCOUNTABILITY.
    Subdivision 1. Investigation. The board shall maintain and keep current a file containing the
reports and complaints filed against physician assistants in the state. Each complaint filed with
the board pursuant to section 214.10, subdivision 1, shall be investigated according to section
214.10, subdivision 2.
Whenever the files maintained by the board show that a medical malpractice settlement or
award to the plaintiff has been made against a physician assistant as reported by insurers pursuant
to this chapter, the executive director of the board shall notify the board and the board may
authorize a review of the physician assistant's practice.
    Subd. 2. Attorney general investigation. When the board initiates a review of a physician
assistant's practice, it shall notify the attorney general who shall investigate the matter in the same
manner as provided in section 214.10. If an investigation is to be made, the attorney general
shall notify the physician assistant, and, if the incident being investigated occurred there, the
administrator and chief of staff at the medical care facilities in which the physician assistant serves.
    Subd. 3. Access to hospital records. The board shall have access to hospital and medical
records of a patient treated by the physician assistant under review if the patient signs a written
consent form permitting such access. If no consent form has been signed, the hospital or physician
assistant shall first delete data in the record which identifies the patient before providing it to
the board.
History: 1995 c 205 art 1 s 16

147A.18 DELEGATED AUTHORITY TO PRESCRIBE, DISPENSE, AND ADMINISTER
DRUGS AND MEDICAL DEVICES.
    Subdivision 1. Delegation. (a) A supervising physician may delegate to a physician assistant
who is registered with the board, certified by the National Commission on Certification of
Physician Assistants or successor agency approved by the board, and who is under the supervising
physician's supervision, the authority to prescribe, dispense, and administer legend drugs, medical
devices, and controlled substances subject to the requirements in this section. The authority to
dispense includes, but is not limited to, the authority to request, receive, and dispense sample
drugs. This authority to dispense extends only to those drugs described in the written agreement
developed under paragraph (b).
(b) The agreement between the physician assistant and supervising physician and any
alternate supervising physicians must include a statement by the supervising physician regarding
delegation or nondelegation of the functions of prescribing, dispensing, and administering of
legend drugs and medical devices to the physician assistant. The statement must include a
protocol indicating categories of drugs for which the supervising physician delegates prescriptive
and dispensing authority. The delegation must be appropriate to the physician assistant's practice
and within the scope of the physician assistant's training. Physician assistants who have been
delegated the authority to prescribe, dispense, and administer legend drugs and medical devices
shall provide evidence of current certification by the National Commission on Certification
of Physician Assistants or its successor agency when registering or reregistering as physician
assistants. Physician assistants who have been delegated the authority to prescribe controlled
substances must present evidence of the certification and hold a valid DEA certificate. Supervising
physicians shall retrospectively review the prescribing, dispensing, and administering of legend
and controlled drugs and medical devices by physician assistants, when this authority has been
delegated to the physician assistant as part of the delegation agreement between the physician
and the physician assistant. This review must take place as outlined in the internal protocol. The
process and schedule for the review must be outlined in the delegation agreement.
(c) The board may establish by rule:
(1) a system of identifying physician assistants eligible to prescribe, administer, and dispense
legend drugs and medical devices;
(2) a system of identifying physician assistants eligible to prescribe, administer, and dispense
controlled substances;
(3) a method of determining the categories of legend and controlled drugs and medical
devices that each physician assistant is allowed to prescribe, administer, and dispense; and
(4) a system of transmitting to pharmacies a listing of physician assistants eligible to
prescribe legend and controlled drugs and medical devices.
    Subd. 2. Termination and reinstatement of prescribing authority. (a) The authority of
a physician assistant to prescribe, dispense, and administer legend drugs and medical devices
shall end immediately when:
(1) the agreement is terminated;
(2) the authority to prescribe, dispense, and administer is terminated or withdrawn by the
supervising physician; or
(3) the physician assistant reverts to inactive status, loses National Commission on
Certification of Physician Assistants or successor agency certification, or loses or terminates
registration status.
(b) The physician assistant must notify the board in writing within ten days of the occurrence
of any of the circumstances listed in paragraph (a).
(c) Physician assistants whose authority to prescribe, dispense, and administer has been
terminated shall reapply for reinstatement of prescribing authority under this section and meet
any requirements established by the board prior to reinstatement of the prescribing, dispensing,
and administering authority.
    Subd. 3. Other requirements and restrictions. (a) The supervising physician and the
physician assistant must complete, sign, and date an internal protocol which lists each category of
drug or medical device, or controlled substance the physician assistant may prescribe, dispense,
and administer. The supervising physician and physician assistant shall submit the internal
protocol to the board upon request. The supervising physician may amend the internal protocol as
necessary, within the limits of the completed delegation form in subdivision 5. The supervising
physician and physician assistant must sign and date any amendments to the internal protocol.
Any amendments resulting in a change to an addition or deletion to categories delegated in
the delegation form in subdivision 5 must be submitted to the board according to this chapter,
along with the fee required.
(b) The supervising physician and physician assistant shall review delegation of prescribing,
dispensing, and administering authority on an annual basis at the time of reregistration. The
internal protocol must be signed and dated by the supervising physician and physician assistant
after review. Any amendments to the internal protocol resulting in changes to the delegation form
in subdivision 5 must be submitted to the board according to this chapter, along with the fee
required.
(c) Each prescription initiated by a physician assistant shall indicate the following:
(1) the date of issue;
(2) the name and address of the patient;
(3) the name and quantity of the drug prescribed;
(4) directions for use; and
(5) the name and address of the prescribing physician assistant.
(d) In prescribing, dispensing, and administering legend drugs and medical devices,
including controlled substances as defined in section 152.01, subdivision 4, a physician assistant
must conform with the agreement, chapter 151, and this chapter.
    Subd. 4. Notification of pharmacies. (a) The board shall annually provide to the Board
of Pharmacy and to registered pharmacies within the state a list of those physician assistants
who are authorized to prescribe, administer, and dispense legend drugs and medical devices, or
controlled substances.
(b) The board shall provide to the Board of Pharmacy a list of physician assistants authorized
to prescribe legend drugs and medical devices every two months if additional physician assistants
are authorized to prescribe or if physician assistants have authorization to prescribe withdrawn.
(c) The list must include the name, address, telephone number, and Minnesota registration
number of the physician assistant, and the name, address, telephone number, and Minnesota
license number of the supervising physician.
(d) The board shall provide the form in subdivision 5 to pharmacies upon request.
(e) The board shall make available prototype forms of the physician-physician assistant
agreement, the internal protocol, the delegation form, and the addendum form.
    Subd. 5. Delegation form for physician assistant prescribing. The delegation form for
physician assistant prescribing must contain a listing by drug category of the legend drugs and
controlled substances for which prescribing authority has been delegated to the physician assistant.
History: 1995 c 205 art 1 s 17; 2001 c 49 s 1; 2005 c 147 art 6 s 1,2

147A.19 IDENTIFICATION REQUIREMENTS.
Physician assistants registered under this chapter shall keep their registration available
for inspection at their primary place of business and shall, when engaged in their professional
activities, wear a name tag identifying themselves as a "physician assistant."
History: 1995 c 205 art 1 s 18

147A.20 PHYSICIAN AND PHYSICIAN ASSISTANT AGREEMENT.
(a) A physician assistant and supervising physician must sign an agreement which specifies
scope of practice and amount and manner of supervision as required by the board. The agreement
must contain:
(1) a description of the practice setting;
(2) a statement of practice type/specialty;
(3) a listing of categories of delegated duties;
(4) a description of supervision type, amount, and frequency; and
(5) a description of the process and schedule for review of prescribing, dispensing, and
administering legend and controlled drugs and medical devices by the physician assistant
authorized to prescribe.
(b) The agreement must be maintained by the supervising physician and physician
assistant and made available to the board upon request. If there is a delegation of prescribing,
administering, and dispensing of legend drugs, controlled substances, and medical devices, the
agreement shall include an internal protocol and delegation form. Physician assistants shall have a
separate agreement for each place of employment. Agreements must be reviewed and updated on
an annual basis. The supervising physician and physician assistant must maintain the agreement,
delegation form, and internal protocol at the address of record. Copies shall be provided to the
board upon request.
(c) Physician assistants must provide written notification to the board within 30 days of
the following:
(1) name change;
(2) address of record change;
(3) telephone number of record change; and
(4) addition or deletion of alternate supervising physician provided that the information
submitted includes, for an additional alternate physician, an affidavit of consent to act as an
alternate supervising physician signed by the alternate supervising physician.
(d) Modifications requiring submission prior to the effective date are changes to the practice
setting description which include:
(1) supervising physician change, excluding alternate supervising physicians; or
(2) delegation of prescribing, administering, or dispensing of legend drugs, controlled
substances, or medical devices.
(e) The agreement must be completed and the practice setting description submitted to the
board before providing medical care as a physician assistant.
History: 1995 c 205 art 1 s 19; 2001 c 49 s 2; 2004 c 279 art 2 s 3

147A.21 RULEMAKING AUTHORITY.
The board shall adopt rules:
(1) setting registration fees;
(2) setting renewal fees;
(3) setting fees for locum tenens permits;
(4) setting fees for temporary registration; and
(5) establishing renewal dates.
History: 1995 c 205 art 1 s 20

147A.22 LOCUM TENENS PERMIT.
The board may grant a locum tenens permit to any applicant who is registered in the state.
The applications for locum tenens permits shall be reviewed at the next scheduled board meeting.
The application shall include a practice setting description. The maximum duration of a locum
tenens permit is one year. The permit may be renewed annually on a date set by the board.
History: 1995 c 205 art 1 s 21

147A.23 RESPONDING TO DISASTER SITUATIONS.
(a) A registered physician assistant or a physician assistant duly licensed or credentialed in a
United States jurisdiction who is responding to a need for medical care created by a state or local
disaster may render such care as the physician assistant is able to provide, under the physician
assistant's license, registration, or credential, without the need of a physician and physician
assistant agreement as required under section 147A.20. Physician supervision, as required under
section 147A.09, must be provided under the direction of a physician licensed under chapter 147
who is involved with the disaster response. The physician assistant must establish a temporary
supervisory agreement with the physician providing supervision before rendering care.
(b) The physician who provides supervision to a physician assistant while the physician
assistant is rendering care in a disaster in accordance with this section may do so without meeting
the requirements of section 147A.20.
(c) The supervising physician who otherwise provides supervision to a physician assistant
under a physician and physician assistant agreement described in section 147A.20 shall not be
held medically responsible for the care rendered by a physician assistant pursuant to paragraph
(a). Services provided by a physician assistant under paragraph (a) shall be considered outside the
scope of the relationship between the supervising physician and the physician assistant.
History: 1999 c 226 s 1; 2000 c 298 s 1

147A.24 CONTINUING EDUCATION REQUIREMENTS.
    Subdivision 1. Amount of education required. Applicants for registration renewal or
reregistration must either attest to and document successful completion of at least 50 contact
hours of continuing education within the two years immediately preceding registration renewal,
reregistration, or attest to and document taking the national certifying examination required by
this chapter within the past two years.
    Subd. 2. Type of education required. Approved continuing education is approved if it is
equivalent to category 1 credit hours as defined by the American Osteopathic Association Bureau
of Professional Education, the Royal College of Physicians and Surgeons of Canada, the American
Academy of Physician Assistants, or by organizations that have reciprocal arrangements with the
physician recognition award program of the American Medical Association.
History: 1995 c 205 art 1 s 22; 2003 c 2 art 1 s 20

147A.25 [Repealed, 2001 c 3 s 1]

147A.26 PROCEDURES.
The board shall establish, in writing, internal operating procedures for receiving and
investigating complaints, accepting and processing applications, granting registrations, and
imposing enforcement actions. The written internal operating procedures may include procedures
for sharing complaint information with government agencies in this and other states. Procedures
for sharing complaint information must be consistent with the requirements for handling
government data under chapter 13.
History: 1995 c 205 art 1 s 24; 1997 c 187 art 2 s 4

147A.27 PHYSICIAN ASSISTANT ADVISORY COUNCIL.
    Subdivision 1. Membership. (a) The Physician Assistant Advisory Council is created and is
composed of seven persons appointed by the board. The seven persons must include:
(1) two public members, as defined in section 214.02;
(2) three physician assistants registered under this chapter; and
(3) two licensed physicians with experience supervising physician assistants.
(b) No member shall serve more than a total of two terms. If a member is appointed for a
partial term and serves more than half of that term it shall be considered a full term. Members
serving on the council as of July 1, 2000, shall be allowed to complete their current terms.
    Subd. 2. Organization. The council shall be organized and administered under section
15.059, except that the advisory council shall expire on June 30, 2007.
    Subd. 3. Duties. The council shall advise the board regarding:
(1) physician assistant registration standards;
(2) enforcement of grounds for discipline;
(3) distribution of information regarding physician assistant registration standards;
(4) applications and recommendations of applicants for registration or registration renewal;
and
(5) complaints and recommendations to the board regarding disciplinary matters and
proceedings concerning applicants and registrants according to sections 214.10; 214.103; and
214.13, subdivisions 6 and 7.
The council shall perform other duties authorized for the council by chapter 214 as directed
by the board.
History: 1997 c 120 s 1; 2000 c 298 s 2