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Are You Aware of and Affected by These DPH Scope of Practice Requests?

September 28, 2011

Authors: Joan W. Feldman, John H. Lawrence, Vincenzo Carannante, William J. Roberts

Public Act No. 11-209 (the “Act”), which became effective on July 1, 2011, sets forth the Department of Public Health’s (“DPH’s”) framework and related policies and procedures for persons or entities to establish a new scope of practice or change a profession’s scope of practice. One must submit a written scope of practice request to DPH not later than August 15th of the year preceding the commencement of the next regular session of the General Assembly. As you may already know and/or have read in Shipman & Goodwin LLP’s Health Law 2011 Legislative Update, DPH will post the scope of practice requests on its website. In addition, the Act also permits any person or entity that may be directly impacted by a scope of practice request to submit to DPH a written statement identifying the nature of the impact. Please click here to see a copy of the Act.

As of September 28, 2011, DPH has posted 10 scope of practice requests submitted by and affecting various entities and providers, including physician assistants (“PAs”), respiratory care practitioners, dental hygienists and assistants, naturopathic doctors, electrologists, polysomnographic technicians and technologists, homeopaths, and radiologist assistants. For example, the Connecticut Academy of Physicians Assistants has requested that the requirements that a supervising physician must personally review the PA’s practice at least weekly or more frequently and that a supervising physician must co-sign all prescriptions and orders for Schedule II and III drugs within 24 hours be eliminated.

If you have any questions about DPH’s scope of practice request polices and procedures, please contact any of the members of the Shipman & Goodwin Health Law Practice Group.

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