Ala. Admin. Code r. 540-X-7-.22 - Physician Assistants (P.A.) Not Employed By Supervising Physician/Physician Not In Full-Time Practice

(1) Under the circumstances where a physician assistant is seeking registration to a physician not regularly engaged in the full-time practice of medicine and/or in the circumstance where the physician and the physician assistant seeking registration are each employees of a legal entity other than a professional partnership, medical professional corporation, medical professional association or physician practice foundation, the applicant shall have the burden of satisfying the Board that there exists the supervisory relationship between the physician and the physician assistant contemplated by these rules.

(2) Factors to be used by the Board in determining the nature of the relationship shall include but are not limited to the following:

(a) The physician's authority to terminate the employment of the physician assistant;

(b) The physician's authority to determine or recommend levels of compensation for the physician assistant;

(c) The physician's authority to enforce compliance with orders and directives and to initiate suitable disciplinary action for violation of such orders and directives;

(d) The extent to which the physician assistant may be subject to the direction and control in matters relating to patient care of a person other than the physician to whom the assistant is registered;

(e) The extent to which the physician assistant is subject to the supervisory authority of a non-physician.

(3) In considering applications of the type described above, the Board may require that the applicant submit certificates in the form set forth in Appendix A to Chapter 7 from the Chairman, President, Chief Executive Officer or other acceptable authority of any corporation, business firm or other legal entity which employs the physician assistant and the physician to whom the assistant is to be registered.

Notes

Ala. Admin. Code r. 540-X-7-.22

Repealed and Replaced: Filed September 21, 1998; effective October 26, 1998. Repealed and New Rule: Filed August 22, 2002; effective September 26, 2002. Repealed and New Rule: Filed September 19, 2002; effective October 24, 2002. Amended by Alabama Administrative Monthly Volume XL, Issue No. 01, October 29, 2021, eff. 12/13/2021.

Author: Alabama Board of Medical Examiners

Statutory Authority: Code of Ala. 1975, §§ 34-24-290, et. seq.