Senate Bill S4998

                                 BILL NUMBER:  S4998A

 TITLE OF BILL :
An act to amend the public health law, in relation to clarifying the
scope of practice of registered physician assistants


 PURPOSE OR GENERAL IDEA OF BILL :
To clarify that a physician assistant may perform various functions
(e.g., signing certifications) relating to the medical services they
are allowed to perform.

 SUMMARY OF SPECIFIC PROVISIONS :
Adds a new Public Health Law § 3704 to clarify the statutory
construction of the responsibilities and authority of the physician
assistant. Where a PA legally provides a medical service, the PA would
be authorized to perform other functions (e.g., signing a
certification) relating to that medical service that the PA's
supervising physician could perform, unless a statute explicitly
provides otherwise. The PA scope of practice (what medical services
the P A provide, and under what circumstances) is not increased or
decreased.

 JUSTIFICATION :
In 1971, the New York State Legislature recognized the education and
training of physician assistants and their value in meeting the need
              

for medical services and enacted Articles 38 and 131 of the Education
Law and Article 37 of the Public Health Law permitting the licensure
of physician assistants. PAs have a very broad scope of practice.
Notwithstanding any contrary provision of law, they are authorized to
provide any medical service a physician may provide, when acting under
the supervision of a qualified physician.

Many laws and regulations refer to what a physician may do. Although
the Education Law definition of the PA scope of practice begins with a
broad "notwithstanding" clause, some regulatory and judicial
interpretations have erroneously held that PAs are excluded from those
provisions, thwarting the letter and intent of the PA statute.  For
example, one court held that a P A may not perform a blood alcohol
test in an alleged drunk driving case, since the Vehicle and Traffic
Law refers to a physician directing the drawing of blood.  This bill
would clarify that a PA may perform any functions relating to any
medical service that is authorized under the PA's scope of practice.

 PRIOR LEGISLATIVE HISTORY :
This bill is drawn from the following broader earlier bills: 2004:
A.11826 - referred to Health committee 2005-06: A.2005-A - referred to
Health committee 2007-08: A.5507-A referred to Health committee

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.