R156-68-807. Collaborative Practice Arrangement Contract - Duties and Responsibilities of Collaborating Physician and Associate Physician

  In accordance with Section 58-68-807, the Division's approval of a collaborative practice arrangement, and the educational methods and programs required of an associate physician throughout the duration of a collaborative practice arrangement, are established as follows:

  (1) Collaborative practice arrangement contract.

  (a) Before beginning a collaborative practice arrangement, the prospective collaborating physician and associate physician shall sign a written collaborative practice arrangement contract, which the associate physician shall submit to the Division for approval.

  (b) A collaborative practice arrangement contract shall include at least the following:

  (i) all of the terms and conditions required by Section 58-68-807, including:

  (A) a description of how the health care services to be rendered by the associate physician under the collaborative practice arrangement will be consistent with the associate physician's skill, training, and competence;

  (B) a description of the medically underserved population or medically underserved area within the state where the associate physician will provide primary care services;

  (C) if the associate physician will practice in a medically underserved area, a plan for documenting completion of the "continuously present" or"on-site" supervision required by Subsection 58-68-807(1)(d), using the Division-provided supervision forms;

  (D) if the associate physician will prescribe Schedule III through V controlled substances, documentation of the associate physician's mid-level practitioner Federal Drug Administration (DEA) registration; and

  (E) a provision requiring the associate physician to notify the Division in writing within 10 days of any modifications to the collaborative practice arrangement contract, and providing that any changes shall become effective only upon receipt of written notice from the Division approving the changes;

  (ii) in accordance with Subsection 58-68-807(4), a plan establishing educational methods and programs that the associate physician shall complete throughout the duration of the collaborative practice arrangement contract, which:

  (A) will facilitate the advancement of the associate physician's medical knowledge and abilities; and

  (iii) remedies in the event of breach of contract by either the collaborating physician or associate physician, including procedures for contract termination and written notification to the Division.

  (c) Before an associate physician may render any health care services under a collaborative practice arrangement, the parties must have obtained the Division's written approval of the collaborative practice arrangement contract.

  (d) In evaluating a collaborative practice arrangement contract, the Division shall consider whether it sufficiently complies with all of the terms and conditions required by Section 58-68-807 and this section to adequately protect the public health, safety, and welfare.

  (2) Collaborating physician duties and responsibilities.

  A collaborating physician overseeing an associate physician shall have the following duties and responsibilities:

  (a) ensure that the collaborating physician and associate physician:

  (i) are both appropriately licensed; and

  (ii) are practicing pursuant to a Division-approved collaborative practice arrangement contract in accordance with Subsection (1);

  (b) ensure that during the term of the collaborative practice arrangement contract the collaborating physician does not enter into a collaborative practice arrangement with more than three full-time equivalent associate physicians as required by Subsection 58-68-807(3)(b);

  (c) maintain a relationship with the associate physician in which the collaborating physician is independent from control by the associate physician, and in which the ability of the collaborating physician to supervise and direct the health care services rendered by the associate physician is not compromised;

  (d) be available to the associate physician for advice, consultation, and direction consistent with the standards and ethics of the profession and the requirements suggested by the total of the profession and the requirements suggested by the total circumstances, including consideration of the associate physician's level of skill, training, and competence and other factors known to the associate physician and collaborating physician;

  (e) ensure periodic review of the charts documenting the associate physician's delivery of health care services, in compliance with Subsection 58-68-807(1)(b)(xii);

  (f) monitor the associate physician's performance for compliance with the laws, rules, standards, and ethics of the profession, and report violations to the Division; and

  (g) upon request, submit appropriate documentation to the Division with respect to practice hours completed by the associate physician evidencing the "continuously present" or "on-site" supervision required by Subsection 58-68-807(1)(d).

  (3) Associate physician duties and responsibilities.

  An associate physician shall have the following duties and responsibilities:

  (a) prior to beginning a collaborative practice arrangement and rendering any health care services, enter into a Division-approved collaborative practice arrangement contract with a collaborating physician in accordance with Subsection (1);

  (b) maintain required licensure and any DEA registration;

  (c) be professionally responsible for the acts and practices of the associate physician; and

  (d) comply with all applicable laws, rules, standards, and ethics of the profession.

  (4)(a) A collaborating physician shall submit to the Division a written explanation outlining the collaborating physician's concerns if the collaborating physician:

  (i) terminates a collaborative practice arrangement contract for cause;

  (ii) does not support continuance of a license for an associate physician to practice; or

  (iii) has other concerns regarding the associate physician that the collaborating physician believes requires input from the Division and Board.

  (b) Upon receipt of written concerns from a collaborating physician with respect to an associate physician, the Division shall:

  (i) provide the associate physician an opportunity to respond in writing to the Division regarding the collaborating physician's concerns;

  (ii) review the written statements from the collaborating physician and associate physician with the Board; and

  (iii) in consultation with the Board, take any appropriate licensure action.