More Good PA News from Columbia

More Good PA News from Columbia

By Paul F. Jacques, DHSc, PA-C

During the 2013 legislative sessions, while SCAPA was busy advocating for the “Modernization of the PA Practice Act” several bills were submitted by other entities that should have mentioned physician assistants. Since SCAPA was on the forefront in meeting with legislators and know the role of PAs in the healthcare arena, they readily adopted amendments to include PAs where appropriate. Therefore, PAs were included in H 3725 and H 3061 and both bills were ratified and signed by Governor Hailey.

H 3725

Ordering treatment for anaphylaxis administered at school results from the enactment of H 3725which was signed by the governor on June 7th and became effective on said date. The bill enacts the SAVE Act ("SAFE ACCESS TO VITAL EPINEPHRINE (SAVE) ACT). The bill allows school district and private school authorities to obtain and store supplies of epinephrine auto-injectors for schools to use under certain circumstances. You’ll note that PAs are specifically included within the Act’s definitions. In addition, the language states in relevant part,

Notwithstanding another provision of law, a physician, an advanced practice registered nurse licensed to prescribe medication pursuant to Section 40-33-34, and a physician assistant licensed to prescribe medication pursuant to Sections 40-47-955 through 40-47-965 may prescribe epinephrine auto-injectors maintained in the name of a school for use in accordance with subsection (D). Notwithstanding another provision of law, licensed pharmacists and physicians may dispense epinephrine auto-injectors in accordance with a prescription issued pursuant to this subsection. Notwithstanding another provision of law, a school may maintain a stock supply of epinephrine auto-injectors in accordance with a prescription issued pursuant to this subsection. For the purposes of administering and storing epinephrine auto-injectors, schools are not subject to Chapter 43, Title 40 or Chapter 99 of the South Carolina Code of State Regulations.

C) The governing authority of a school district or private school may authorize school nurses and other designated school personnel to:

(1)provide an epinephrine auto-injector to a student to self-administer the epinephrine auto-injector in accordance with a prescription specific to the student that is on file with the school;

(2) administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school;

(3) administer an epinephrine auto-injector to a student or other individual on school premises whom the school nurse or other designated school personnel believes in good faith is experiencing anaphylaxis, in accordance with a standing protocol of a physician, an advanced practice registered nurse licensed to prescribe medication pursuant to Section 40-33-34, or a physician assistant licensed to prescribe medication pursuant to Sections 40-47-955 through 40-47-965, regardless of whether the student or other individual has a prescription for an epinephrine auto-injector.

. . .

(G) This section applies only to participating governing authorities.

(H)(1) A school, school district, school district governing authority, private school governing authority, the Department of Health and Environmental Control, the State Department of Education, and employees, volunteers, and other agents of all of those entities including, but not limited to, a physician, advanced practice registered nurse, physician assistant, pharmacist, school nurse, and other designated school personnel, who undertake an act identified in item (2), are not liable for damages caused by injuries to a student or another person resulting from the administration or self-administration of an epinephrine auto-injector, regardless of whether:

(a) the student's parent or guardian, or a physician, advanced practice registered nurse, or physician assistant, authorized the administration or self-administration; or

(b)the other person to whom a school nurse or other designated school personnel provides or administers an epinephrine auto-injector gave authorization for the administration.

H 3061

Related to student athletes, H 3061was signed again by the governor on June 7th and became effective on that date as well. That legislation added a section 59-63-75 to the South Carolina Code and requires the Dept. of Health & Environmental Control & the Dept. of Education to post nationally recognized guidelines and procedures regarding the management of concussions sustained by student athletes on their website. You’ll note from what I have hypertext linked, part of the language in the new law provides in relevant part:

(2) A student athlete who has been removed from play may return to play if, as a result of evaluating the student athlete on site, the athletic trainer, physician, physician assistant pursuant to scope of practice guidelines, or nurse practitioner pursuant to a written protocol determines in his best professional judgment that the student athlete does not have any signs or symptoms of a concussion or brain injury.

(3) A student athlete who has been removed from play and evaluated and who is suspected of having a concussion or brain injury may not return to play until the student athlete has received written medical clearance by a physician.

(4) In addition to posting information regarding the recognition and management of concussions in student athletes, the Department of Health and Environmental Control, in consultation with health care provider organizations, shall post on its website continuing education opportunities in concussion evaluation and management available to providers making such medical determinations. Such information must be posted by the department upon receipt from a participating health care organization.

(5) The athletic trainer, physician, physician assistant, or nurse practitioner who evaluates the student athlete during practice or an athletic competition and authorizes the student athlete to return to play is not liable for civil damages resulting from an act or omission in rendering this decision, other than acts or omissions constituting gross negligence or wilful, wanton misconduct. This immunity applies to an athletic trainer, physician, physician assistant, or nurse practitioner serving as a volunteer.