Ley 71 Overview
The primary purpose of Law 71 in Puerto Rico is to help mitigate the healthcare crisis on the Island. It establishes the legal framework within which médicos asistentes can work and the requirements for their education, training, and licensure.
Challenges:
Under Law 71 in Puerto Rico, both licensed medical doctors and certified PAs are eligible to obtain a médico asistente license and hold the PA title. This dual eligibility creates ambiguity in defining their distinct roles, responsibilities, and the appropriate level of supervision, possibly leading to issues in healthcare delivery and patient expectations. Clarifying these aspects and establishing clear laws and guidelines is essential to mitigate these challenges and ensure effective collaboration between the two professions.
Evidence-Based Commentary
📝 The Enactment of the Physician Associate Profession in Puerto Rico
Enacting the Médico Asistente profession in Puerto Rico (PR) took place in 2017. However, the legislative implementation of this profession on the Island introduced an alternate version of the Physician Assistant profession. It is geared towards allowing non-licensed medical doctors to practice medicine, and it is neither standardized nor regulated by the National Commission on Certification of Physician Assistants (NCCPA). In 1974, the NCCPA became, and still is, the only organization nationwide that certifies physician assistants to guarantee standards for professional knowledge, reasoning, skills, and behaviors10. The NCCPA is accredited by an accrediting arm of the Institute for Credentialing Excellence, "a leader in setting quality standards for certifying organizations10".
The bill passed in February 2017, Law 71, introduced PAs in PR for the first time. This law aims to alleviate the critical situation created by the lack of doctors in the Island9. On August 15, 2019, qualified professionals could apply for the PA license in PR to practice medicine3. Law 71 defines a qualifying professional as a health professional who graduated from an accepted and registered medical school or an accredited physician assistant program. Although the law stipulates that a candidate must pass the NCCPA board or equivalent, an exception exists for graduated medical doctors (MDs); these do not have to show proof of certification by either MD or PA standardizing boards. In other words, Law 71 allows graduated PAs to hold a PA license in Puerto Rico if they are certified. Nevertheless, graduated medical doctors may hold a PA license in PR regardless of their board certification status. The importance of certifying boards in all professions relies on the ability to have a regulating board that aims for growth through the evolving nature of the professions. Board certifications are pertinent to the evolvement of a profession to improve healthcare, move forward in education, quality, legislation, professionalism11, rigor, and competence. Needless to say, a profession without a regulating, certifying board is deemed to become stagnant and flounder.
Who is at Stake?
In Puerto Rico, medical doctors' predominant views on the PA profession give the profession an unconventional definition and show their own lack of understanding about it. For instance, an MD who graduated from Guadalajara, Mexico, and holds a PA license in PR was interviewed4. The MD stated that a PA is just like a 4th-year medical student doing rotations and that in the United States a PA is a person certified to practice medicine but who never studied medicine. The president of the Surgical College of PR also declared that PAs do not have the preparation needed to practice medicine4. It is important to clarify that the PAs educational curriculum is modeled after the American Medical Education, and students must perform over 2000 hours of clinical practice after didactic year7.
As represented above, views by many MDs on PAs are unfounded, and their weight affects the profession's future. As a PA from PR that is NCCPA certified and holds licensure in New York and PR, these views directly impact my success and put me in a disadvantageous position in the Island when it comes to obtaining a job in the profession. As an attempt to help advocate, regulate, and legislate for the PA profession, my duty has become to complete a Doctor of Science in physician assistant studies while volunteering as a fellow PA-C member of the Academia de Asociados Médicos de Puerto Rico/ Physician Associate Academy of Puerto Rico (AAMPR). It is my due diligence to consider this matter a practice problem in the Physician Assistant profession of the Island.
In addition to other trained physician assistants who want to serve the Island and encounter a disadvantageous start, patients with government-based insurance plans, especially those in rural communities, who experience health care needs are also at stake. PAs effect on rural health has been demonstrated through effective, safe, and economic care provision2. Unfortunately, rural communities in PR have not yet benefited from access to this profession. The geographic maldistribution of physician clinics, continued medical specialization, and decrease in physician working hours have caused primary care shortages and longer wait times as reported by Doan et al.7 Granted, it is a personal preference whether a patient wants to see a PA or an MD regardless of location. However, Halter et al.6 found that willingness to be seen by a PA was directly proportional to the patient's assessment of the severity or complexity of their problem. In addition, a Canadian study indicated that mothers who were unaware of the PA profession would accept their child to be seen by a PA over an MD if it meant shorter waiting times, depending on the gravity of their children's case5.
Contributing Factors to the Dilemma
A series of socio-economic and political factors have historically prevented the Island from evolving with modern society, especially in healthcare. For many years, budget cuts have been implemented, threatening healthcare provision. According to the Visit Report from 2017, cited in Lafarga Previdi & Vélez Vega8, issues like economic instability and high cost of living have contributed to the healthcare system's frail structure and its difficulty in addressing health needs. They state that the healthcare system has been poorly coordinated for decades, making obtaining referrals difficult and contributing to months of waiting time8. The overseeing committees of healthcare in PR have a lot on their plates. To remedy the lack of access to doctors, former Governor Ricardo Roselló signed the bill to introduce the PA profession. Although well-intentioned, implementing an unregulated profession has led to distrust, a lack of Puerto Rican understanding about PAs, and an imbalance between qualifying professionals.
Proposed Resolutions
In May 2021, the national professional society for PAs in the United States, the American Academy of Physician Assistants, avowed the new official title to change from Physician Assistants to Physician Associates; it is currently under implementation1. A proposed resolution stems from the fact that a new title is being implemented. Instead of legislating to change the already introduced profession on the Island, a new law could be legislated to introduce the physician associate's profession instead (Physician Assistants for Puerto Rico, Zoom Meeting, July 13, 2021). It is adequate to state that resolving the credentialing process to become a PA in PR will be greeted with confusion and resistance., and thousands of MDs who hold a PA license will have to go through a certifying process. However, in a constant havoc world, PAs must be regulated by the same governing bodies in the United States to ensure competence, especially on an Island with a crippled economy.
Evidence-based practice will undoubtedly be needed to investigate the PA profession's degree of knowledge and acceptance in PR. Evidence-based advocacy will hopefully render success. According to Zimbabwe AIDS Network12, for advocacy to be achieved, evidence must be used to portray professionalism, credibility, reliability, relevance, create interest in decision-makers, and accurately represent needs. Advocacy through evidence becomes an opportunity to influence policy, reform12, behavior, and social- economic factors8.
Take Away
An alternate version of the physician assistant profession was introduced in Puerto Rico in 2017. Law 71 allows uncertified MDs to function as PAs while PAs must be certified. The presence of national certifying and regulating boards is imperative for a profession's growth to ensure rigor and competence. Trained physician assistants who want to serve the Island encounter a disadvantageous start when other qualifying professionals have different standards to follow when becoming a PA. Patients with government-based insurance plans, especially those in rural communities, are also at stake since months of wait time exist for appointments, and PR is not currently taking advantage of the profession. The lack of understanding of the PA profession in PR and a series of socio-economic and political factors are influencing this dilemma. A resolution proposes to legislate for the physician associate profession instead of altering the already legislated physician assistant profession. The enacting of the Physician Associate profession in Puerto Rico aims to work by the NCCPA credentialing standards to continue the rigor and competence of the profession nationwide. Although resolving the credentialing process will be met with much resistance and confusion, evidence-based advocacy must be implemented to influence policy and reform.
References
American Academy of Physician Assistants. (n.d.). Timeline. Retrieved on December 1, 2021, from https://www.aapa.org/titlechange/process/timeline/
Crawley, J. F., Lane, S., Smith, N., & Bush, E. (2016). Physician assistants in rural communities. Journal of the American Academy of Physician Assistants, 29(1), 42-45. https://doi.org/10.1097/01.JAA.0000475463.23218.c9
Departamento de Salud/ Department of Health (2021, September 2). Médico asistente [Physician assistant]. Retrieved on November 30, 2021, from https://www.salud.gov.pr/CMS/356
Díaz Rolón, A. (2020, April 4). Piden flexibilizar rol del médico asistente [They are asking to make the role of physician assistants more flexible]. El Vocero. Retrieved on December 1, 2021, from https://www.elvocero.com/gobierno/piden-flexibilizar-rol-del-m-dico-asistente/article_5dd52b7c-73c0-11ea-ae20-ff3fb591cb31.html
Doan, Q., Hooker, R. S., Wong, H., Singer, J., Sheps, S., Kissoon, N., & Johnson, D. (2012). Canadians’ willingness to receive care from physician assistants. Canadian Family Physician, 58(8), 459-464. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3419003/
Halter, M., Drennan, V. M., Joly, L. M., Gabe, J., Gage, H., & de Lusignan, S. (2017). Patients’ experiences of consultations with physician associates in primary care in England: A qualitative study. Health Expectations, 20(5), 1011-1019. https://doi.org/10.1111/hex.12542
Hooker, R. S., & Crawley, J. F. (2021). Physician assistants/associates at 6 decades. The American Journal of Managed Care, 27(11), 498-504. https://doi.org/10.37765/ajmc.2021.88777
Lafarga Previdi, I., & Vélez Vega, C. M. (2020). Health disparities research framework adaptation to reflect Puerto Rico’s socio-cultural context. International Journal of Environmental Research and Public Health, 17. https://doi.org/10.3390/ijerph17228544
Ley para Regular la Profesión de Médicos Asistentes de Puerto Rico/ Law to Regulate the Physician Assistant Profession in Puerto Rico. Law 71. H.R. 17. (2017). https://www.salud.gov.pr/CMS/DOWNLOAD/4829
National Commission on Certification of Physician Assistants. (n.d.). About NCCPA. Retrieved on November 30, 2021, from https://www.nccpa.net/about-nccpa/
Newton, P. (2020). How should board certification evolve? The Journal of the American Board of Family Medicine, 33, S1-S9. https://doi.org/10.3122/jabfm.2020.S1.200214
Zimbabwe AIDS Network. (2018). Evidence based advocacy: Training manual. Retrieved on December 1, 2021, from https://zimhealthcsos.ngo/files/guidance/ZAN-Evidence-Based-Advocacy-Manual.pdf


