On Friday, April 14, 2018, revisions to the Colorado Medical Board (CMB) Rule 400 became effective. The CMB had previously held a rule-making hearing on February 15, 2018, to hear testimony for Rule 400 and its proposed changes. Rule 400, which primarily defines CMB’s expectations for the supervising physician-supervised physician assistant (PA) relationship, was first enacted in 1983.
Caplan & Earnest’s health law practice has deep experience ensuring that our healthcare clients are informed of and in compliance with Rule 400. The revisions to Rule 400 effectively overhauled the Rule. Some of the more impactful changes include:
- Simplification of the PA experience categories and significant revision to the supervisory requirements associated with each;
- Additional detail regarding performance assessments;
- Removal of language indicating that a supervising physician would be “liable” for a PA’s “unprofessional conduct” (as defined in the Medical Practices Act) or violation of Rule 400, replacing such language with a potential finding of responsibility and an acknowledgement that mitigating circumstances might exist to prevent discipline of the supervising physician;
- Clarification as to when on-site supervision is required;
- Additional detail regarding the content of the Supervisory Plan;
- Explanation that a physician supervisor cannot provide supervision by telehealth capabilities alone and must instead be “actively practicing medicine in Colorado by means of a regular and reliable physical presence in Colorado.”
If you would like to discuss these or other changes to Rule 400 in more detail, or how the revised Rule 400 might impact your practice and/or organization, please contact Sheryl Bridges or one of the lawyers in our health law practice, at www.celaw.com
The revised Rule 400 can be found here.
Caplan & Earnest’s health law practice is one of the largest in the state. Our depth of experience with Colorado law and state regulatory requirements allows us to provide innovative and comprehensive solutions to complex healthcare questions.