Health Professional Modernization Act Exposed

The Health Professional Modernization Act was considered at ALEC's 38th Annual Meeting on August 4, 2011 by the Health and Human Services Task Force. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

SUMMARY

This legislation addresses a problem that plagues many states around the country: lack of access to quality primary care. Generally, people think of their physicians when they talk about primary care providers, but there is a myriad of other avenues to quality primary care. For example, nurse practitioners are trained to handle the vast majority of basic primary care needs, but throughout many states, they are limited in their ability to do so by overly restrictive scope of practice laws.

By freeing primary care providers to practice to the full extent of their education and training, states can increase their citizens’ access to quality primary care. The legislation protects citizens by putting all primary care providers underneath the authority of their respective boards in their states. This puts the regulation of these primary care providers underneath the authorities that understand them best but that still operate subject to the will of the legislature. America’s doctors are the best in the world, and they should be dealing with world class issues of care. The basic primary care needs can be served more cost effectively by freeing all of our primary care providers to practice to the full extent of their knowledge and training.

MODEL LEGISLATION

Section 1. Short Title.

This Act shall be known as the “Health Professional Modernization Act.”

Section 2. Definitions.

A. In this Act, “primary care provider” means a registered provider who holds a license issued under {insert state licensing statute} and who:

1. Has successfully completed a graduate-level education program accredited by a national accrediting organization recognized by the respective board that prepares the provider to function as a primary care provider;

2. If the education program required under Paragraph 1 was completed after January 1, 1996, has met requirements established or recognized by the respective board for national certification;

3. Is licensed by the respective board to provide primary care in an area with a targeted population group recognized and approved by the respective board; and

4. Meets requirements established by the respective board for continued competence.

Section 3. Scope of Practice.

A. Primary care by a primary care provider is based on:

1. Knowledge and skills acquired in basic education;

2. Licensure in their specific field; Health Professional Modernization Act 1

3. Successful completion of a graduate-level program accredited by a national accrediting organization recognized by the respective board;

4. Current certification in accordance with {insert reference to state occupations code or similar chapter} by a national certifying body recognized by the respective board in the appropriate primary care role approved by the respective board; and

5. Primary care provided in an area with at least one targeted population group recognized and approved by the respective board.

B. Practice as a primary care provider is an expanded scope of practice in a role approved by the respective board and in an area with a targeted population group recognized and approved by the respective board, with or without compensation or other personal profit, and includes the scope of practice of a primary care provider.

C. The scope of practice of a primary care provider includes, but is not limited to, advanced assessment, diagnosing, prescribing, and ordering.

D. A primary care provider may serve as a primary care provider of record.

Section 4.

Applicability to Primary Care Providers.

A. This Act does not limit or modify the scope of practice of a primary care provider who is not a primary care provider approved by the board.

B. The scope of practice of a primary care provider includes any act of professional primary care the provider is authorized to perform under this Act.

Section 5.

Licensure. A person may not practice or offer to practice primary care in this state unless the person is licensed as a primary care provider under this Act.

Section 6.

Application. An applicant for a primary care provider license shall submit to the respective board an application on the form prescribed by the respective board, any required fee, and any other information required by the respective board.

Section 7.

Practice by Primary Care Provider.

A. A primary care provider who holds a license issued under this Act may:

1. Diagnose, prescribe, and institute therapy or referrals of patients to health care agencies, health care providers, and community resources; and

2. Plan and initiate a therapeutic regimen that includes ordering and prescribing medical devices and equipment, nutrition, and diagnostic and supportive services, including home health care, hospice, physical therapy, and occupational therapy.

B. A primary care provider shall practice as a licensed independent practitioner in accordance with standards established and recognized by the respective board to protect the public health and safety.

C. A primary care provider is accountable to patients, the profession, and the respective board for:

1. Complying with the requirements of this Act;

2. Providing quality primary care;

3. Recognizing the provider’s limits of knowledge and experience;

4. Planning for the management of situations beyond the provider’s expertise; and

5. Consulting with or referring patients to other health care providers as appropriate.

Section 8.

Prescribing and Ordering Authority.

A. The respective board may grant prescribing and ordering authority in accordance with this Act through the issuance of a primary care provider license to a primary care provider approved by the respective board to practice as a primary care provider.

B. As authorized by the respective board, a primary care provider may prescribe, procure, administer, and dispense dangerous drugs and controlled substances.

Section 9.

Notwithstanding {insert section of state occupations code}, as added by this Act, a primary care provider who has been approved by the respective board to provide primary care is not required to hold a license as a primary care provider until {insert date}.

Section 10. {Severability Clause}

Section 11. {Repealer Clause}

Section 12. {Effective Date}