Missouri Revised Statutes
Chapter 334 - Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers
Section 334.036 - Assistant physicians — definitions — limitation on practice — licensure, rulemaking authority — collaborative practice arrangements — insurance reimbursement.

Effective - 06 Jul 2018, 3 histories
334.036. Assistant physicians — definitions — limitation on practice — licensure, rulemaking authority — collaborative practice arrangements — insurance reimbursement. — 1. For purposes of this section, the following terms shall mean:
(1) "Assistant physician", any medical school graduate who:
(a) Is a resident and citizen of the United States or is a legal resident alien;
(b) Has successfully completed Step 2 of the United States Medical Licensing Examination or the equivalent of such step of any other board-approved medical licensing examination within the three-year period immediately preceding application for licensure as an assistant physician, or within three years after graduation from a medical college or osteopathic medical college, whichever is later;
(c) Has not completed an approved postgraduate residency and has successfully completed Step 2 of the United States Medical Licensing Examination or the equivalent of such step of any other board-approved medical licensing examination within the immediately preceding three-year period unless when such three-year anniversary occurred he or she was serving as a resident physician in an accredited residency in the United States and continued to do so within thirty days prior to application for licensure as an assistant physician; and
(d) Has proficiency in the English language.
­­Any medical school graduate who could have applied for licensure and complied with the provisions of this subdivision at any time between August 28, 2014, and August 28, 2017, may apply for licensure and shall be deemed in compliance with the provisions of this subdivision;
(2) "Assistant physician collaborative practice arrangement", an agreement between a physician and an assistant physician that meets the requirements of this section and section 334.037;
(3) "Medical school graduate", any person who has graduated from a medical college or osteopathic medical college described in section 334.031.
2. (1) An assistant physician collaborative practice arrangement shall limit the assistant physician to providing only primary care services and only in medically underserved rural or urban areas of this state or in any pilot project areas established in which assistant physicians may practice.
(2) For a physician-assistant physician team working in a rural health clinic under the federal Rural Health Clinic Services Act, P.L. 95-210, as amended:
(a) An assistant physician shall be considered a physician assistant for purposes of regulations of the Centers for Medicare and Medicaid Services (CMS); and
(b) No supervision requirements in addition to the minimum federal law shall be required.
3. (1) For purposes of this section, the licensure of assistant physicians shall take place within processes established by rules of the state board of registration for the healing arts. The board of healing arts is authorized to establish rules under chapter 536 establishing licensure and renewal procedures, supervision, collaborative practice arrangements, fees, and addressing such other matters as are necessary to protect the public and discipline the profession. No licensure fee for an assistant physician shall exceed the amount of any licensure fee for a physician assistant. An application for licensure may be denied or the licensure of an assistant physician may be suspended or revoked by the board in the same manner and for violation of the standards as set forth by section 334.100, or such other standards of conduct set by the board by rule. No rule or regulation shall require an assistant physician to complete more hours of continuing medical education than that of a licensed physician.
(2) Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
(3) Any rules or regulations regarding assistant physicians in effect as of the effective date of this section* that conflict with the provisions of this section and section 334.037 shall be null and void as of the effective date of this section*.
4. An assistant physician shall clearly identify himself or herself as an assistant physician and shall be permitted to use the terms "doctor", "Dr.", or "doc". No assistant physician shall practice or attempt to practice without an assistant physician collaborative practice arrangement, except as otherwise provided in this section and in an emergency situation.
5. The collaborating physician is responsible at all times for the oversight of the activities of and accepts responsibility for primary care services rendered by the assistant physician.
6. The provisions of section 334.037 shall apply to all assistant physician collaborative practice arrangements. Any renewal of licensure under this section shall include verification of actual practice under a collaborative practice arrangement in accordance with this subsection during the immediately preceding licensure period.
7. Each health carrier or health benefit plan that offers or issues health benefit plans that are delivered, issued for delivery, continued, or renewed in this state shall reimburse an assistant physician for the diagnosis, consultation, or treatment of an insured or enrollee on the same basis that the health carrier or health benefit plan covers the service when it is delivered by another comparable mid-level health care provider including, but not limited to, a physician assistant.
­­--------
(L. 2014 S.B. 716 merged with S.B. 754, A.L. 2017 S.B. 50 merged with S.B. 501, A.L. 2018 S.B. 718 merged with S.B. 951)
*Effective 7-06-18 (S.B. 718); 8-28-18 (S.B. 951)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXII - Occupations and Professions

Chapter 334 - Physicians and Surgeons — Therapists — Athletic Trainers — Health Care Providers

Section 334.001 - Open records subject to release — board disclosure of confidential information, when.

Section 334.002 - Inactive license status granted, when.

Section 334.010 - Unauthorized practice of medicine and surgery prohibited — practice of medicine across state lines, definition — sports-related medical services, inapplicability.

Section 334.020 - Board defined.

Section 334.021 - Reference to terms in prior laws, how construed — no hiring discrimination permitted based on medical degree held.

Section 334.031 - Qualifications of candidates for licenses.

Section 334.035 - Application for permanent license, postgraduate training requirement.

Section 334.036 - Assistant physicians — definitions — limitation on practice — licensure, rulemaking authority — collaborative practice arrangements — insurance reimbursement.

Section 334.037 - Assistant physicians, collaborative practice arrangements, requirements — rulemaking authority — identification badges required, when — prescriptive authority.

Section 334.038 - Assistant physicians, program to serve in medically underserved areas, requirements — fund created — grant eligibility — rulemaking authority.

Section 334.040 - Examination of applicants, how conducted, grades required, time limitations, extensions.

Section 334.043 - Reciprocity — reciprocal compacts — fee.

Section 334.044 - Gratuitous medical services, summer camps, physician licensed in other state may perform, when.

Section 334.045 - Temporary license granted, when, fee — conditional temporary license issued, when, limitations, expires when — no renewal.

Section 334.046 - Temporary license to teach for physicians, requirements — interns or residents from adjoining states may act in this state, requirements — waivers granted for temporarily licensed physicians seeking permanent license.

Section 334.047 - License to show degree held by licensee — use on stationery and displays required.

Section 334.050 - Board fund created, use — funds transferred to general revenue, when — examination and reexamination fees.

Section 334.070 - Issuance of certificates of registration to licensees, contents — relocation, notification required.

Section 334.073 - Continuing medical education on autism required.

Section 334.075 - Renewal of certificate, minimum continuing education requirement, exception, retired physicians.

Section 334.080 - Licensees to renew registration, when — application, content — failure to renew, effect.

Section 334.090 - Fees, amounts, how set.

Section 334.097 - Medical records, maintenance of, requirements, contents — corrections, additions, and changes.

Section 334.098 - Disposition of certain records.

Section 334.099 - Contested hearing, when, procedure — revocation of license, when — hearing to resume practice, when — rulemaking authority.

Section 334.100 - Denial, revocation or suspension of license, alternatives, grounds for — reinstatement provisions.

Section 334.101 - List, publication of all licensees and of persons whose licenses have been revoked, when — reports of disciplinary actions, exception, voluntary entrance into treatment programs.

Section 334.102 - Emergency suspension or restriction, when, procedure — removal from record, when — disciplinary proceedings permitted, when — judicial review, when.

Section 334.103 - Automatic revocation or reinstatement of license, grounds.

Section 334.104 - Collaborative practice arrangements, form, contents, delegation of authority — rules, approval, restrictions — disciplinary actions — notice of collaborative practice or physician assistant agreements to board, when — certain nurses...

Section 334.105 - Intractable pain treatment act — definitions.

Section 334.106 - Intractable pain treatment physician may prescribe controlled substances for therapeutic purposes, requirements — exceptions.

Section 334.107 - Improperly prescribing controlled substances and failure to keep required records grounds for license denial, suspension or revocation.

Section 334.108 - Telemedicine or internet prescriptions and treatment, establishment of physician-patient relationship required.

Section 334.110 - Retired licensees not required to register.

Section 334.112 - Limited license to practice medicine, requirements — limitations of practice.

Section 334.120 - Board created — members, appointment, qualifications, terms, compensation.

Section 334.123 - Organization of board — employment of executive director and employees — meetings — records as evidence — quorum.

Section 334.125 - Seal — regulations — offices — rulemaking, procedure, this chapter.

Section 334.127 - Subpoenas for witnesses, administration of oaths — enforcing subpoena, procedure.

Section 334.128 - Investigation and hearings, persons participating not to be liable for civil damages, when.

Section 334.150 - Treatments of ill excepted from regulation by this chapter.

Section 334.153 - Intervention pain management, practice of only by licensed physician, when — board to promulgate rules — expiration date.

Section 334.155 - Applicability of chapter.

Section 334.157 - Board to promulgate certain rules relating to vaccines and immunizations.

Section 334.160 - Right of school to recognition, how determined.

Section 334.170 - Issuance or acceptance of false diploma or certificate, misdemeanor.

Section 334.190 - Practice of midwifery limited.

Section 334.230 - Unlawful practices, injunction procedure.

Section 334.240 - Investigation and commencement of prosecutions.

Section 334.245 - Abortions, only physicians to perform — violations, penalty.

Section 334.250 - Unlawful practice, fraudulent filing of license or identification, penalties.

Section 334.252 - Physicians prohibited referral to certain physical therapists, definitions.

Section 334.253 - Physicians prohibited referral to certain physical therapists, when, financial relationship, defined — exceptions, effective when.

Section 334.260 - Midwives licensed.

Section 334.265 - Intoxicated person, motor vehicle accident, treatment for injuries, physician may report to law enforcement agencies, rule of confidentiality not to apply.

Section 334.285 - Maintenance of licensure or certification, requirement by state prohibited — definitions.

Section 334.400 - Definitions.

Section 334.402 - Anesthesiologist assistants, may assist in anesthesia care plan for patients, activities authorized and prohibited — identification, assistants and students — faculty members of anesthesia program, requirements.

Section 334.404 - Licensure, application, fee, contents — license duration — renewal — lost or stolen license, replacement of.

Section 334.406 - Temporary license issued, when, procedure.

Section 334.408 - Inactive license status granted, when — return to active status, procedure.

Section 334.410 - Retirement, affidavit to be filed with board — renewal of registration for resumption of practice.

Section 334.412 - Licensure without examination permitted, when — reciprocal compacts permitted.

Section 334.414 - Certificate of registration issued, when — rules promulgated by board — authority of board — complaint procedure — penalty.

Section 334.416 - Renewal of certificate of registration, when, procedure, fee.

Section 334.418 - Certificate required to practice, not required, when.

Section 334.420 - Continuing education requirements, waiver of requirements, when.

Section 334.422 - Fees, deposit in board of registration for the healing arts fund, use of funds.

Section 334.424 - Supervision required by anesthesiologist, limitations — written practice protocol required.

Section 334.426 - Hospitals may limit function of anesthesiologist assistants, procedure.

Section 334.428 - Anesthesiologist assistant, use of title permitted, when — penalty.

Section 334.430 - Advisory commission for anesthesiologist assistants established, duties, members, qualifications, terms, vacancies, compensation, annual meetings.

Section 334.500 - Definitions.

Section 334.506 - Physical therapists may provide certain services without prescription or direction of an approved health care provider, when — limitations.

Section 334.507 - Continuing education requirements.

Section 334.510 - License required, effective when.

Section 334.520 - Board to license.

Section 334.525 - Inactive license status permitted, when, procedure.

Section 334.530 - Qualifications for license — examinations, scope.

Section 334.540 - License without examination, when — reciprocal agreements authorized.

Section 334.550 - Temporary license, issuance, fees.

Section 334.560 - Examination fees, reexamination.

Section 334.570 - Certificate of registration — notice to renew — fees — display of certificate, requirements.

Section 334.580 - Registration, fee.

Section 334.600 - Affidavit of retirement.

Section 334.601 - Fees to be set by board.

Section 334.602 - Patient record documentation requirements.

Section 334.610 - License to practice required, exceptions — unauthorized use of titles prohibited.

Section 334.611 - Examination not required, when.

Section 334.612 - Complaints by persons incarcerated, no documentation or disciplinary action permitted, when — destruction of records permitted, when.

Section 334.613 - Refusal to issue or renew a license, procedure — complaint may be filed, when, requirements for proceedings on — disciplinary action authorized.

Section 334.614 - Licensed physical therapists, board to publish list of and make a report on disciplinary actions available to the public.

Section 334.615 - Clear and present danger, information to be brought to board — sanctioning authority — hearing required, when, procedure.

Section 334.616 - Automatic revocation of licensure, when.

Section 334.617 - Injunction or restraining order authorized, when.

Section 334.618 - Investigation and filing of complaints for violations.

Section 334.620 - Short title.

Section 334.625 - Advisory commission for physical therapists created — powers and duties — appointment, terms, expenses, compensation, staff, meetings, quorum.

Section 334.650 - Physical therapist assistant, license required — supervision by licensed physical therapist.

Section 334.655 - Physical therapist assistant, educational requirements — board examination, applications — written examination — examination topics — examination not required, when.

Section 334.660 - Reciprocity with other states.

Section 334.665 - Temporary license — fee authorized — expires, when.

Section 334.670 - Examination fee.

Section 334.675 - Renewal of license, application, fee — display of license, requirements.

Section 334.680 - Fees deposited in state treasury.

Section 334.685 - Retirement of physical therapist assistant, affidavit.

Section 334.686 - Titles authorized.

Section 334.687 - Rulemaking authority.

Section 334.700 - Short title.

Section 334.702 - Definitions.

Section 334.703 - Referral to physician, when — limitations on scope of practice.

Section 334.704 - Athletic trainers required to be licensed.

Section 334.706 - Board of healing arts, powers and duties — rules and regulations, procedure.

Section 334.708 - Licensure, examination — reciprocity.

Section 334.710 - Licensure forms and fee — deposit of fees.

Section 334.712 - License issued, when — content.

Section 334.715 - Refusal to issue or renew license, grounds, alternatives — complaint procedure — reinstatement, procedure.

Section 334.717 - Missouri athletic trainer advisory committee, appointment — duties — members, qualifications, terms, vacancies.

Section 334.720 - Compensation of board members.

Section 334.721 - Athletic trainers not to be construed as practicing medicine — persons exempt from registration provision.

Section 334.725 - Violations, penalty.

Section 334.735 - Definitions — scope of practice — prohibited activities — board of healing arts to administer licensing program — duties and liability of physicians — collaborative practice arrangement requirements.

Section 334.736 - Physician assistants, temporary license, requirements, fees, renewal.

Section 334.737 - Certifying entity to register with department — information required — approval or termination of certification after review and public hearing.

Section 334.738 - License, application, form, fee, not refundable — requirements — license issued, when — destroyed license replacement, fee.

Section 334.740 - Title of licensed profession — used only by licensed persons — service may be performed without licensure, when — violation, penalty.

Section 334.741 - Revocation or suspension, notice to department, requirement — list of licensed persons to be available.

Section 334.742 - Nonresident of Missouri may apply for licensure, requirements.

Section 334.743 - Rulemaking, procedure — rules effective, when, void, when.

Section 334.745 - Fees deposited in board of registration for the healing arts fund.

Section 334.746 - Staff for health care provider — certification.

Section 334.747 - Prescribing controlled substances authorized, when — collaborating physicians — certification.

Section 334.748 - Physician assistant, notice required to be posted that assistant is serving — hospital may limit assistant's activities.

Section 334.749 - Advisory commission for physician assistants, established, responsibilities — appointments to commission, members — compensation — annual meeting, elections.

Section 334.800 - Title of act — definitions.

Section 334.810 - Practice of respiratory care, definition — practice, where — practice, special training required, when — rules and regulations, authority to promulgate.

Section 334.820 - License required — practice of medicine not authorized.

Section 334.830 - Missouri board for respiratory care created, members, appointment — terms — physician member — public member — hospital administrator member — respiratory therapist member — removal of a member.

Section 334.840 - Board chairperson elected, vice chairperson — rules and regulations, adoption by board — compensation and expenses.

Section 334.850 - Personnel provided through division of professional registration, duties — rulemaking.

Section 334.860 - Promulgation of rules, authority.

Section 334.870 - Licensing requirements, background checks.

Section 334.880 - License renewal — inactive status.

Section 334.890 - Six-month education permit, requirements — supervision required, when — conditional permit issued, when.

Section 334.900 - Individuals and activities not limited by respiratory care practice act.

Section 334.910 - Complaints received by the board, investigation, subpoenas, petitions, filing complaint with administrative hearing commission.

Section 334.920 - Board powers — disciplining and sanctions — violations, penalty.

Section 334.930 - Immunity from liability for emergency care.

Section 334.950 - Collaboration between providers and medical resource centers — definitions — recommendations — rulemaking authority, SAFE CARE providers.

Section 334.1135 - Joint task force established, members, duties, meetings — report.

Section 334.1200 - Purpose.

Section 334.1203 - Definitions.

Section 334.1206 - State participation in the compact.

Section 334.1209 - Compact privilege.

Section 334.1212 - Active duty military personnel or their spouses

Section 334.1215 - Adverse actions.

Section 334.1218 - Establishment of the physical therapy compact commission.

Section 334.1221 - Data system.

Section 334.1224 - Rulemaking.

Section 334.1227 - Oversight, dispute resolution, and enforcement.

Section 334.1230 - Date of implementation of the interstate commission for physical therapy practice and associated rules, withdrawal, and amendment.

Section 334.1233 - Construction and severability.