Amends existing law to revise provisions regarding the practice of physician assistants.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 806 BY HEALTH AND WELFARE COMMITTEE AN ACT1 RELATING TO PHYSICIANS AND PHYSICIAN ASSISTANTS; AMENDING SECTION 54-1807A,2 IDAHO CODE, TO REVISE PROVISIONS REGARDING THE PRACTICE OF PHYSICIAN3 ASSISTANTS; AMENDING SECTION 54-1814, IDAHO CODE, TO PROVIDE FOR HEALTH4 PROFESSIONALS WHO REQUIRE SUPERVISION; AMENDING SECTION 54-1867, IDAHO5 CODE, TO REMOVE A LIMITATION; AND DECLARING AN EMERGENCY AND PROVIDING6 AN EFFECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Section 54-1807A, Idaho Code, be, and the same is hereby9 amended to read as follows:10 54-1807A. PHYSICIAN ASSISTANTS -- PHYSICIAN ASSISTANT ADVISORY COM-11 MITTEE. (1) Physician assistants must be licensed by the board prior to the12 commencement of activities that may involve the practice of medicine in this13 state. The licensure requirements for physician assistants shall include14 passage of an examination acceptable to the board and submission of a com-15 pleted application to the board on forms furnished by the board. All appli-16 cants for original licensure as a physician assistant shall submit to a fin-17 gerprint-based criminal history check in accordance with section 67-9411A,18 Idaho Code. All physician assistants shall renew their licenses biennially.19 (2) A physician assistant may practice at a licensed health care20 facility, a facility with a credentialing and privileging system, a physi-21 cian-owned facility or practice, or another facility or practice allowed22 by this chapter. A physician assistant shall collaborate with, consult23 with, or refer to the appropriate member of the facility health care team as24 indicated by: the condition of the patient; the education, experience, and25 competence of the physician assistant; and the community standard of care.26 The degree and nature of collaboration shall be determined by the facility27 or practice in which the physician assistant works and shall be set forth in28 facility bylaws or procedures for facilities that have credentialing and29 privileging systems or in a written collaborative practice agreement for all30 other facilities and practices. Such provisions may provide for collabo-31 rative oversight to be provided by the employer, group, hospital service,32 or the credentialing and privileging systems of a licensed facility, but33 at a minimum shall require a physician assistant to collaborate with one34 (1) or more physicians licensed pursuant to this chapter. Such physicians35 need not be identified individually in the facility bylaws or procedures36 or collaborative practice agreement if more than one (1) physician works37 in the facility or practice. A physician assistant is responsible for the38 care provided by the physician assistant and is responsible for obtaining39 professional liability insurance if the physician assistant is not covered40 by the facility or practice in which the physician assistant works. A physi-41 cian assistant may be employed by nonphysician health care providers if the42

2 physician assistant has a written collaborative practice agreement with one1 (1) or more physicians licensed pursuant to this chapter. Both the physi-2 cian assistant and the physician who are parties to a collaborative practice3 agreement must comply with all requirements of this chapter and board rules.4 The collaborative practice agreement shall be provided to the board upon re-5 quest. necessary to appropriately assess and treat the condition of the pa-6 tient within the scope of the physician assistant's education, training, and7 experience and within the community standard of care. The degree and nature8 of collaboration shall be determined by the facility or practice in which9 the physician assistant works and shall be set forth in facility bylaws or10 procedures for facilities that have credentialing and privileging systems11 or in a written collaborative practice agreement for all other facilities12 and practices. Such provisions may provide for collaborative oversight to13 be provided by the employer, group, hospital service, or the credentialing14 and privileging systems of a licensed facility. A physician assistant is15 responsible for the care provided and is responsible for obtaining profes-16 sional liability insurance if the physician assistant is not covered by the17 facility or practice in which the physician assistant works. A physician18 assistant may be employed by nonphysician health care providers. Any col-19 laborative practice agreement shall be provided to the board upon request.20 (3) A physician assistant or a group of physician assistants may inde-21 pendently own a medical practice in this state provided that each physician22 assistant has a collaborative practice agreement in place with a physician23 licensed under this chapter. The collaborative practice agreement shall24 specify that the physician assistant must collaborate with, consult with,25 or refer to the collaborating physician or another appropriate physician26 as indicated by: the condition of the patient; the education, experience,27 and competence of the physician assistant; and the community standard of28 care. Both the physician assistant and the physician who are parties to29 the collaborative practice agreement must comply with all requirements of30 this chapter and board rules. The collaborative practice agreement shall31 be provided to the board upon request. A physician assistant or group of32 physician assistants may independently own a medical practice in this state.33 Any collaborative practice agreement shall be provided to the board upon34 request. Each physician assistant must be licensed, registered or certi-35 fied as a physician assistant in any state, territory or jurisdiction of the36 United States for at least two (2) years before the physician assistant may37 independently own a practice in this state.38 (4) The facility or practice and each collaborating physician are re-39 sponsible for ensuring that the medical services performed by the physician40 assistant are within the physician assistant's scope of education, experi-41 ence, and competence. Each collaborating physician shall collaborate with42 the physician assistant on the performance of only those medical services43 for which the collaborating physician has training and experience.44 (5) (4) A physician assistant advisory committee is hereby established45 as follows:46 (a) The physician assistant advisory committee shall consist of five47 (5) members appointed by the board. Four (4) members shall be physician48 assistants who are residents in this state and engaged in the active49 practice of medicine in this state, and one (1) member shall be a public50

3 member. Whenever a term of a member of the advisory committee expires or1 becomes vacant, the board shall give consideration to recommendations2 made by professional organizations of physician assistants and physi-3 cians or by any individual residing in the state. The board may remove4 any committee member for misconduct, incompetency or neglect of duty5 after giving the member a written statement of the charges and an oppor-6 tunity to be heard thereon. The executive director of the Idaho state7 board of medicine shall serve as the executive director to the physician8 assistant advisory committee.9 (b) Members will serve a term of three (3) years and terms will be stag-10 gered. Members may serve two (2) successive terms. The committee shall11 elect a chairman from its membership. The committee shall meet as often12 as necessary to fulfill its responsibilities. Members will be compen-13 sated according to section 59-509(p), Idaho Code.14 (c) The physician assistant advisory committee shall not have author-15 ity to revoke licenses or impose limitations or conditions on licenses16 issued pursuant to this chapter. The committee has authority to make17 recommendations to the board. The board shall make all final decisions18 with respect thereto.19 (d) The physician assistant advisory committee shall work in the fol-20 lowing areas in conjunction with and make recommendations to the board21 and shall perform other duties and functions assigned to it by the22 board, including:23 (i) Evaluating the qualifications of applicants for licensure24 and registration;25 (ii) Performing investigations of misconduct and making recom-26 mendations regarding discipline;27 (iii) Maintaining a list of currently licensed physician assis-28 tants and graduate physician assistants in this state; and29 (iv) Advising the board on rule changes necessary to license and30 regulate physician assistants and graduate physician assistants31 in this state.32

SECTION 2. That Section 54-1814, Idaho Code, be, and the same is hereby33 amended to read as follows:34 54-1814. GROUNDS FOR MEDICAL DISCIPLINE. Every person licensed to35 practice medicine, or registered as an intern or resident in this state is36 subject to discipline by the board pursuant to the procedures set forth in37 this chapter and rules promulgated pursuant thereto upon any of the follow-38 ing grounds:39 (1) Being convicted of a felony, pleading guilty to a felony, or the40 finding of guilt by a jury or court of commission of a felony.41 (2) Using false, fraudulent or forged statements or documents, diplo-42 mas or credentials in connection with any licensing or other requirements of43 this act.44 (3) Practicing medicine under a false or assumed name in this or any45 other state.46 (4) Advertising the practice of medicine in any unethical or unprofes-47 sional manner.48

4 (5) Knowingly aiding or abetting any person to practice medicine who is1 not authorized to practice medicine as provided in this chapter.2 (6) Performing or procuring an unlawful abortion or aiding or abetting3 the performing or procuring of an unlawful abortion.4 (7) Providing health care which fails to meet the standard of health5 care provided by other qualified physicians or physician assistants in the6 same community or similar communities, taking into account his training, ex-7 perience and the degree of expertise to which he holds himself out to the pub-8 lic.9 (8) Dividing fees or gifts or agreeing to split or divide fees or gifts10 received for professional services with any person, institution or corpora-11 tion in exchange for referral.12 (9) Giving or receiving or aiding or abetting the giving or receiving of13 rebates, either directly or indirectly.14 (10) Inability to obtain or renew a license to practice medicine, or re-15 vocation, suspension, or other discipline of a license to practice medicine16 by any other state, territory, district of the United States or Canada, un-17 less it can be shown that such action was not related to the competence of the18 person to practice medicine or to any conduct designated herein.19 (11) Prescribing or furnishing narcotic or hallucinogenic drugs to ad-20 dicted persons to maintain their addictions and level of usage without at-21 tempting to treat the primary condition requiring the use of narcotics.22 (12) Prescribing or furnishing narcotic, hypnotic, hallucinogenic,23 stimulating or dangerous drugs for other than treatment of any disease, in-24 jury or medical condition.25 (13) Failing to safeguard the confidentiality of medical records or26 other medical information pertaining to identifiable patients, except as27 required or authorized by law.28 (14) Directly promoting the sale of drugs, devices, appliances or goods29 to a patient that are unnecessary and not medically indicated.30 (15) Abandoning a patient.31 (16) Willfully and intentionally representing that a manifestly incur-32 able disease or injury or other manifestly incurable condition can be perma-33 nently cured.34 (17) Failing to supervise the activities of interns, residents, nurse35 practitioners, certified nurse-midwives, clinical nurse specialists, or36 physician assistants health professionals who require supervision.37 (18) Practicing medicine when a license pursuant to this chapter is sus-38 pended, revoked or inactive.39 (19) Practicing medicine in violation of a voluntary restriction or40 terms of probation pursuant to this chapter.41 (20) Refusing to divulge to the board upon demand the means, method, de-42 vice or instrumentality used in the treatment of a disease, injury, ailment,43 or infirmity.44 (21) Committing any act constituting a felony.45 (22) Engaging in any conduct which constitutes an abuse or exploitation46 of a patient arising out of the trust and confidence placed in the physician47 by the patient.48

5 (23) Being convicted of or pleading guilty to driving under the influ-1 ence of alcohol, drugs or other intoxicating substances or being convicted2 of or pleading guilty to other drug or alcohol related criminal charges.3 (24) Failing to comply with a board order entered by the board.4 (25) Failing to comply with the requirements of the abortion complica-5 tions reporting act, chapter 95, title 39, Idaho Code.6 (26) Engaging in a pattern of unprofessional or disruptive behavior or7 interaction in a health care setting that interferes with patient care or8 could reasonably be expected to adversely impact the quality of care ren-9 dered to a patient. Such behavior does not have to have caused actual patient10 harm to be considered unprofessional or disruptive.11 (27) Interfering with an investigation or disciplinary proceeding12 by willful misrepresentation of facts or by use of threats of harassment13 against any patient, member of a board or committee on professional disci-14 pline, board staff, hearing officer, or witness in an attempt to influence15 the outcome of a disciplinary proceeding, investigation, or other legal16 action.17 (28) Delegating professional responsibilities to:18 (a) An unlicensed person when the licensee knows or has reason to know19 that such person is not qualified by training, experience, or license to20 carry them out; or21 (b) A person licensed by this state to engage in activities which may22 involve the practice of medicine when the delegating licensee knows or23 has reason to know that the delegated activities are outside the li-24 censed person's scope of practice.25 (29) Failure to report the charge or conviction of a felony to the board26 within thirty (30) days of the charge.27

SECTION 3. That Section 54-1867, Idaho Code, be, and the same is hereby28 amended to read as follows:29 54-1867. LIMITED LICENSE FOR BRIDGE YEAR PHYSICIANS. (1) As used in30 this section:31 (a) "Board" means the state board of medicine.32 (b) "Bridge year physician" means a person who:33 (i) Is within the first year of graduation from a medical school34 accredited or provisionally accredited by an entity recognized by35 the board;36 (ii) Is a United States citizen or attended medical school in the37 United States; and38 (iii) Applied to, but was not accepted into, an accredited medical39 residency training program.40 (2) The board shall establish a one (1) year, nonrenewable limited li-41 cense under which bridge year physicians may practice medicine under terms,42 conditions, and a scope of practice determined by the board. If there is a43 limit to the number of limited licenses that may be issued, priority shall be44 granted to bridge year physicians who live in Idaho or who have longstanding45 ties to the state of Idaho, as determined by the board.46 (3) Persons practicing under a limited license established pursuant to47 this section shall:48 (a) Practice only within the scope of practice determined by the board;49

6 (b) Practice under the supervision of a licensed physician or pursuant1 to a collaborative practice agreement. The person practicing under a2 limited license shall qualify as one (1) of a supervising physician's3 permitted advanced practice professionals. The board shall prescribe4 supervision requirements for limited licensees, provided that such re-5 quirements shall be no less stringent than supervision requirements for6 physician assistants;7 (c) Have prescriptive authority as determined by the board; and8 (d) Be subject to the same professional discipline, civil liability,9 and criminal liability as a fully licensed physician.10 (4) The services provided by a person practicing under a limited li-11 cense shall be compensable in accordance with customary medical billing12 practices.13 (5) The board is authorized to:14 (a) Take such actions as are necessary to implement the provisions of15 this section, including the promulgation of any necessary rules;16 (b) Charge a fee of up to three hundred dollars ($300) for a limited li-17 cense; and18 (c) Cooperate with the department of health and welfare and other rel-19 evant entities, including hospitals and health care clinics, whether20 public or private, in establishing a limited license.21 (6) No later than January 31, 2033, the board shall provide a report to22 the senate and house of representatives health and welfare committees on:23 (a) Requirements for a limited license;24 (b) The number of limited licenses issued and the number of limited li-25 cense holders who were later accepted into a residency program; and26 (c) Whether and how limited licenses have increased the supply of27 health care providers in health professional shortage areas.28

SECTION 4. An emergency existing therefor, which emergency is hereby29 declared to exist, this act shall be in full force and effect on and after30 July 1, 2026.31