Assembly Bill A1726

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1726

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             January 9, 2009
                               ___________

Introduced  by  M. of A. GOTTFRIED, GALEF -- Multi-Sponsored by -- M. of
  A. GUNTHER, HOOPER, JOHN, McENENY -- read once  and  referred  to  the
  Committee on Health

AN ACT to amend the public health law and the education law, in relation
  to clarifying the scope of practice of registered physician assistants

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 1 of section 3700 of the public health law, as
amended by chapter 210 of the laws  of  1975,  is  amended  to  read  as
follows:
  1.  Physician's  assistant.  The  term "physician's assistant" means a
[person] DEPENDENT PRACTITIONER  WORKING  UNDER  THE  SUPERVISION  OF  A
LICENSED  PHYSICIAN RESPONSIBLE FOR THE ACTIONS OF THE PHYSICIAN ASSIST-
ANT AND who is registered as a [physician's] PHYSICIAN assistant  pursu-
ant  to  section sixty-five hundred [thirty-one] FORTY-ONE of the educa-
tion law.
  S 2. The public health law is amended by adding two new sections  3704
and 3705 to read as follows:
  S  3704.  PERFORMANCE OF MEDICAL SERVICES. 1.  A PHYSICIAN'S ASSISTANT
MAY PERFORM MEDICAL SERVICES, BUT ONLY WHEN UNDER THE SUPERVISION  OF  A
PHYSICIAN  AND ONLY WHEN SUCH ACTS ASSIGNED TO HIM OR HER ARE WITHIN THE
SCOPE OF PRACTICE OF SUCH SUPERVISING PHYSICIAN. THE SUPERVISING  PHYSI-
CIAN  MAY  ASSIGN TO THE PHYSICIAN'S ASSISTANT ANY MEDICAL PROCEDURES OR
TASKS FOR WHICH THE PHYSICIAN'S ASSISTANT IS APPROPRIATELY  TRAINED  AND
QUALIFIED  TO  PERFORM AND THAT ARE PERFORMED WITHIN THE NORMAL SCOPE OF
THE PHYSICIAN'S PRACTICE.
  2. NOTHING IN THIS ARTICLE OR IN ARTICLE ONE HUNDRED  THIRTY-ONE-B  OF
THE EDUCATION LAW SHALL BE CONSTRUED TO AUTHORIZE PHYSICIAN'S ASSISTANTS
TO  PERFORM THOSE SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY ASSIGNED BY
LAW TO THOSE PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER  THIS
CHAPTER OR THE EDUCATION LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00987-01-9
              

A. 1726                             2

  S  3705.  STATUTORY CONSTRUCTION. EXCEPT AS SET FORTH IN ARTICLE THIR-
TY-THREE OF THIS CHAPTER, PHYSICIAN'S ASSISTANTS MAY PERFORM  ANY  FUNC-
TION,  WITH  APPROPRIATE  PHYSICIAN  SUPERVISION,  IN  ANY  HEALTH  CARE
SETTING, THAT A STATUTE AUTHORIZES OR DIRECTS A PHYSICIAN TO PERFORM AND
THAT IS WITHIN THE NORMAL PRACTICE OF THAT PHYSICIAN, UNLESS THE STATUTE
AUTHORIZING OR DIRECTING THE PHYSICIAN TO PERFORM SUCH FUNCTION OR FUNC-
TIONS  EXPRESSLY  STATES  OTHERWISE  OR  UNLESS THE STATUTORY OR MEDICAL
CONTEXT REQUIRES OTHERWISE.
  S 3. Subdivision 1 of section 6540 of the education law, as amended by
chapter 179 of the laws of 1992, is amended to read as follows:
  1.  Physician  assistant.  The  term  "physician  assistant"  means  a
[person]  DEPENDENT  PRACTITIONER  WORKING  UNDER  THE  SUPERVISION OF A
LICENSED PHYSICIAN RESPONSIBLE FOR THE ACTIONS OF THE PHYSICIAN  ASSIST-
ANT  AND  who  is  registered  as a physician assistant pursuant to this
article.
  S 4. Subdivisions 1 and 8 of section 6542 of  the  education  law,  as
amended  by  chapter  179  of  the  laws of 1992, are amended to read as
follows:
  1. Notwithstanding any other provision of law, a  physician  assistant
may  perform  medical services, but only when under the supervision of a
physician and only when such acts and duties as are assigned to  him  OR
HER  are within the scope of practice of such supervising physician. THE
SUPERVISING PHYSICIAN MAY ASSIGN TO THE PHYSICIAN ASSISTANT ANY  MEDICAL
PROCEDURES  OR  TASKS FOR WHICH THE PHYSICIAN ASSISTANT IS APPROPRIATELY
TRAINED AND QUALIFIED TO PERFORM  AND  THAT  ARE  PERFORMED  WITHIN  THE
NORMAL SCOPE OF THE PHYSICIAN'S PRACTICE.
  8.  Nothing  in this article, or in article thirty-seven of the public
health law, shall be construed  to  authorize  physician  assistants  or
specialist  assistants  to  perform  those specific functions and duties
specifically [delegated] ASSIGNED by law to those  persons  licensed  as
allied  health  professionals under the public health law or [the educa-
tion law] THIS TITLE.
  S 5. The education law is amended by adding a new  section  6545-a  to
read as follows:
  S  6545-A.  STATUTORY CONSTRUCTION.  A PHYSICIAN ASSISTANT MAY PERFORM
ANY FUNCTION, WITH APPROPRIATE PHYSICIAN SUPERVISION, IN ANY HEALTH CARE
SETTING, THAT A STATUTE AUTHORIZES OR DIRECTS A PHYSICIAN TO PERFORM AND
THAT IS WITHIN THE NORMAL PRACTICE OF THAT PHYSICIAN, EXCEPT THOSE FUNC-
TIONS AUTHORIZED OR DIRECTED BY  AND  IN  ARTICLE  THIRTY-THREE  OF  THE
PUBLIC  HEALTH  LAW,  UNLESS  THE  STATUTE  AUTHORIZING OR DIRECTING THE
PHYSICIAN TO PERFORM SUCH FUNCTION OR FUNCTIONS EXPRESSLY STATES  OTHER-
WISE OR UNLESS THE STATUTORY OR MEDICAL CONTEXT REQUIRES OTHERWISE.
  S 6. This act shall take effect immediately.