(a) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant shall submit an application to the board. Such application shall include:

(1) Evidence submitted by the proposed physician's assistant of his or her good moral character;

(2) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include:

(A) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing;

(B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; and

(C) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) of this paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination;

(3) A job description, signed by the applying physician, which shall include:

(A) The qualifications, including related experience, possessed by the proposed physician's assistant;

(B) The professional background and specialty of the physician submitting the application; and

(C) A description of the physician's practice and the way in which the assistant is to be utilized; and

(4) A fee, established by the board; provided, however, that no fee will be required if the physician's assistant is an employee of the state or county government.

(b)(1) No physician shall have more than four physician's assistants licensed to him or her at any one time; provided, however, that no physician may supervise more than two physician's assistants at any one time except as provided in paragraph (2) of this subsection. (2) A physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting including but not limited to clinics, hospitals, and other institutions. The physician taking call must be approved to supervise the physician's assistant of the physician for whom he or she is taking call.

(c) Nothing in this article shall prevent a physician from submitting a new job description when a physician's assistant, by reason of further education or experience and successfully passing additional tests as shall be outlined and administered by the board, becomes capable of performing a wider range of medical tasks.

(d) A physician's assistant shall be allowed to perform his duties only in the principal offices of the applying physicians, which shall be those public or private places or health facilities where the applying physician regularly sees patients, provided that nothing in this article shall preclude a physician's assistant from making house calls and hospital rounds, serving as an ambulance attendant, or performing any functions performed by the applying physician which the physician's assistant is qualified to perform.

(e) A physician's assistant may not be utilized to perform the duties of a pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists.

(e.1)(1) In addition to the authority granted by Code Section 43-34-26.1, a physician's assistant shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-5, any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority delegated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's assistant performing such delegated acts and shall adequately supervise the physician's assistant. If an existing job description for a physician's assistant does not contain such authority to carry out a prescription drug or device order as provided by this subsection, that physician's assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to authorize the written prescription drug order of a Schedule I or II controlled substance.

(2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's assistant duly licensed under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary.

(3) The physician's assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising physician, the patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the physician's assistant using the following language:

This prescription authorized through: (the_prescribing supervising_physician) (M.D. or D.O.) by (the_physician's assistant) PHYSICIAN'S ASSISTANT.

The name of the prescribing supervising physician shall be handwritten in the appropriate space by the physician's assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26.

(4) The physician's assistant shall inform the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out by the physician's assistant.

(5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board.

(6) A supervising physician shall personally reevaluate, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices.

(7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office in the following manner:

(A) A copy of the prescription drug or device order shall be appended to or otherwise maintained in the patient's medical file; and

(B) The supervising physician shall countersign the prescription drug or device order copy or medical record entry for each prescription drug or device order within a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement.

(8) A physician's assistant is not permitted to prescribe drugs or devices except as authorized in the physician's assistant's job description and in accordance with this chapter.

(9) The board shall adopt rules establishing:

(A) The content and use of prescription drug or device order forms;

(B) Procedures to evaluate an application for a job description containing the authority to carry out a prescription drug or device order;

(C) A formulary of prescription drugs or devices which may or may not be included in a job description;

(D) The maintenance and custody of records for prescription drug or device orders;

(E) A minimum of three continuing medical education hours biennially in practice specific pharmaceuticals in which the physician's assistant has prescriptive order privileges; and

(F) Any other rules the board may deem necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare.

(10) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's assistants in remote practice sites.

(f) A physician employed by the Department of Human Resources or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the Department of Human Resources or by any institution thereof or by a local health department.

(g) Nothing in this article shall be construed to prohibit a physician's assistant from performing those acts the performance of which have been delegated to that physician's assistant pursuant to and in conformity with Code Section 43-34-26.1.