CO Code § 12-240-114.5 (2021)
2021 Colorado Code|Title 12 - Professions and Occupations|Article 240 - Medical Practice|§ 12-240-114.5. Physician Assistants - Supervisory Requirements - Liability - Definitions

  As used in this section, unless the context otherwise requires:   “Performance evaluation” means a document that includes domains of competency relevant to the practice of a physician assistant, uses more than one modality of assessment to evaluate the domains, and includes consideration of the physician assistant's education, training, experience, competency, and knowledge of the specialty in which the physician assistant is engaged.    “Practice agreement” means a written agreement between a physician assistant and a supervising physician that defines the communication and decision-making process by which the physician assistant and the supervising physician provide care to patients.    “Supervisory plan” means a document that allows a supervising physician to follow the ongoing professional development of a physician assistant's clinical practice, promotes a collaborative relationship between a physician assistant and his or her supervising physicians, and allows a supervising physician to address any deficiencies that have been identified in the physician assistant's clinical competencies during the initial performance period.       A physician assistant licensed pursuant to this article 240 who has practiced for less than three years is subject to the following supervisory requirements:   The physician assistant's first one hundred sixty working hours shall be supervised by a supervising physician who works at the same location as the physician assistant. The physician assistant's primary supervising physician shall provide at least forty hours of supervision, and the remaining hours may be provided by a secondary supervising physician who is designated by the primary supervising physician.    After the physician assistant completes one hundred sixty working hours, a supervising physician must remain available to the physician assistant via a telecommunication device at all times when the physician assistant is working.    Not more than thirty days after the physician assistant completes one hundred sixty working hours, the primary supervising physician shall complete an initial performance assessment and a supervisory plan for the physician assistant.         The supervision of a physician assistant licensed pursuant to this article 240 who has practiced in this state for three years or more is determined by a practice agreement that shall be created by the physician assistant and his or her primary supervising physician not later than thirty days after the physician assistant begins practicing under the supervision of the primary supervising physician. A practice agreement must include:   A process by which a physician assistant and a supervising physician communicate and make decisions concerning patients' medical treatment, which process utilizes the knowledge and skills of the physician assistant and the supervising physician based on their respective education, training, and experience;    A protocol for designating an alternative physician for consultation when the supervising physician is unavailable for consultation;    The signatures of the physician assistant and supervising physician; and    A termination provision that allows the physician assistant or the supervising physician to terminate the practice agreement after providing written notice of his or her intent to do so at least thirty days before the date of termination. If a practice agreement is terminated, the physician assistant and the physician assistant's primary supervising physician shall create a new practice agreement within forty-five days after the date the previous practice agreement was terminated.       In addition to the components described in subsection (3)(a) of this section, a practice agreement may impose conditions concerning specific duties, procedures, or drugs.    If the terms or conditions of a practice agreement change, both the physician assistant and the supervising physician shall sign and date the updated practice agreement.       A physician assistant licensed pursuant to this article 240 who has practiced for at least twelve months and who is making a substantive change in his or her scope of practice or practice area is subject to the following supervisory requirements:   The physician assistant's first eighty working hours shall be supervised by a supervising physician who works at the same location as the physician assistant. The physician assistant's primary supervising physician shall provide at least twenty hours of supervision, and the remaining hours may be provided by a secondary supervising physician who is designated by the primary supervising physician.    After the physician assistant completes eighty working hours, a supervising physician shall remain available to the physician assistant via a telecommunication device at all times when the physician assistant is working.    After the physician assistant has worked for six months, and again after the physician assistant has worked for twelve months, the primary supervising physician shall complete a performance assessment and discuss the performance assessment with the physician assistant.         A physician assistant licensed pursuant to this article 240 who has practiced for at least three years may be liable for damages resulting from negligence in providing care to a patient; except that a physician assistant is not liable for any damages that occur as a result of the physician assistant following a direct order from a supervising physician.    A physician assistant who has been practicing for at least three years shall comply with the financial responsibility requirements specified in section 13-64-301 (1) and rules adopted by the board pursuant to that section.    A physician assistant's supervising physician may be liable for damages resulting from the physician assistant's negligence in providing care to a patient if the physician assistant has not practiced for at least three years as described in subsection (5)(a) of this section.        History. Source: L. 2019: Entire section added,(HB 19-1095), ch. 411, p. 3619, § 5, effective October 1. L. 2020: (5)(b) amended,(HB 20-1041), ch. 45, p. 155, § 1, effective March 20.    Editor's note:   This section is similar to § 12-36-107.7 as added in HB 19-1095. That section was superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For the former section in effect from August 2, 2019, to October 1, 2019, see HB 19-1095, chapter 411, Session Laws of Colorado 2019.