Vol. 24 Annals of Health Law 294
in New Jersey, PAs could only work in federal facilities.73 In Mississippi,
the former attorney general stated that physicians could delegate certain
procedures to competent medical auxiliary personnel.74 Prescriptive authority had been authorized in seventeen states, and measures for granting such
authority were pending in three states and the District of Columbia.75
In 1991, using the Guidelines to navigate its course, the Academy drafted
its Model State Legislation for Physician Assistants (“Model State Legisla-
tion”).76 Consistent with the original concept of PA utilization, the scope of
PA practice under the model legislation is determined by the PA’s training,
experience, and preferences, as well as what the supervising physician
wishes to delegate.77 It also displays a shift far afield from a regulatory mi-cromanagement of physician-PA practices.78 The model legislation authorizes physician-delegated prescriptive authority, including controlled substances in Schedules II through V, as well as limited dispensing authority.79
The model legislation also incorporated provisions to clarify a PA’s authority to request, receive, and distribute professional samples.80 PAs who
are delegated prescribers of controlled medications are required to register
with the federal Drug Enforcement Administration.81
The Model State Legislation has undergone numerous revisions since its
original draft to reflect changes in PA program accrediting agency standards
and to incorporate other new provisions.82 However, it consistently embod-ies two core concepts: first, regulatory authorities should license PAs to
74. Letter from Fernando A.F. Summer, Miss. Attorney Gen., to T. D. Lampton, M. D.,
Director of the Physician Assistant Program, Univ. of Miss. Med. Ctr., 1974 WL 31611
(May 28, 1974).
75. AM. ACAD. OF PHYSICIAN ASSISTAN TS, supra note 71, at v-vi.
76. AM. ACAD. OF PHYSICIAN ASSISTANTS, MODEL STATE LEGISLATION FOR PHYSICIAN
ASSISTANTS 2 (2013), available at http://www.aapa.org/WorkArea/DownloadAsset.aspx?
id=548 [hereinafter MODEL STATE LEGISLATION].
77. Id. at 2, 4.
78. Id. at 2.
79. Id. at 2, 5. See generally 21 U.S. C. A. § 812 (a)-(c) (West, WestlawNext through
P.L. 113-163 (excluding P.L. 113-128)). The United States has a drug policy that regulates
the manufacture, importation, possession, use, and distribution of certain substances. Those
substances and other drugs that are determined to be controlled substances within the purview of the CSA Controlled Substances Act are apportioned into five schedules. Id. A substance’s schedule classification depends upon the existence of sanctioned medical use in
treatment in this country, their respective abuse potential, and probability of provoking dependence when misused. Id. On the spectrum, substances in Schedule II have a high potential for abuse, which have the ability to cause acute psychological or physical dependence.
Substances in Schedule V have a low potential for misuse compared to substances enumerated in Schedule IV and primarily include preparations containing limited amounts of various
80. MODEL STATE LEGISLATION, supra note 76, at 5.
81. Id. at 2.
82. Id. at 2.