1. (a) Professional services are payable under this subpart if the services meet all of the following:

   1. (1) Furnished by a nurse practitioner, physician assistant, or certified nurse midwife who is employed by, or receives compensation from, the RHC or FQHC.
   2. (2) Furnished under the medical supervision of a physician.
   3. (3) Furnished in accordance with any medical orders for the care and treatment of a patient prepared by a physician.
   4. (4) Are of a type which the nurse practitioner, physician assistant or certified nurse midwife who furnished the service is legally permitted to perform by the State in which the service is rendered.
   5. (5) The services would be covered if furnished by a physician.
2. (b) The physician supervision requirement is met if the conditions specified in § 491.8(b) of this chapter and any pertinent requirements of State law are satisfied.
3. (c) The services of nurse practitioners, physician assistants or certified nurse midwives are not covered if State law or regulations require that the services be performed under a physician's order and no such order was prepared.

[43 FR 8261, Mar. 1, 1978, as amended at 79 FR 25475, May 2, 2014]