Delegation of Authority and Issuance of Final Order
amendment provides an exemption to the Attorney General’s Model Rule
137-003-0655(7) because the Board has determined that, due to the nature of the
cases, 90 days is an insufficient time in which to issue an amended proposed or
The rule amendment removes the reference to the Physician Assistant Surcharge assessed for the 2014-2015 licensing period because it is no longer needed and corrects the citation to the statutory authority for assessing a criminal records check fee. The rule amendment also makes a housekeeping correction to update "Doctor of Osteopathy" to "Doctor of Osteopathic Medicine."
The rule amendments
streamline the reactivation process so that OMB staff will collect much of the
documentation previously required of the applicant. In addition, the amendments clarify which
license statuses are required to reactivate and provides one comprehensive rule
on the reactivation process. Finally,
the rule amendments remove references to paper forms and affidavits in
anticipation of moving the reactivation application to an online process. The amendments also contain minor grammar and
The rule amendment revises the
definition of “sexual misconduct” to include electronic forms of communication
such as text message and e-mail under the “sexual impropriety" heading and clarifies that sexual misconduct results from inappropriate behavior with a patient or a patient's immediate family. The amendment also clarifies that
the use of alcohol or other substances, including the legal use of recreational
marijuana, must not be used while a licensee is working in any capacity or
used while off duty if it may cause impairment while on duty. The rule
amendment also removes section (8), which allows a civil penalty to be issued
through an administrative process to licensees who fail to report as required
by statute and this rule.
PHYSICIAN ASSISTANTS (PA)
The rule amendment and rule repeals, which were temporarily adopted on 10/9/15 and effective on 1/1/16, permanently abolish the Physician Assistant Committee pursuant to Senate Bill 905 (2015), effective 1/1/16.