Senate Bill S6751

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

                                  6751

                            I N  S E N A T E

                            February 16, 2016
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  requiring  medical
  assistants  to  be  certified  by  and  registered  with the education
  department

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

  Section  1.  The  education  law  is  amended  by adding a new article
131-A-1 to read as follows:
                             ARTICLE 131-A-1
                           MEDICAL ASSISTANTS
SECTION 6533. DEFINITIONS.
        6534. SCOPE OF TASKS.
        6535. REQUIREMENTS FOR REGISTRATION.
  S 6533. DEFINITIONS. AS USED IN THIS SECTION:
  1. "MEDICAL ASSISTANT" MEANS A PERSON, WHO ACTS AS A  MEDICAL  SUPPORT
PROFESSIONAL,  WHO  IS  NOT  OTHERWISE LICENSED, REGISTERED OR CERTIFIED
PURSUANT TO THIS TITLE OR THE PUBLIC HEALTH  LAW,  AND  WHO  PERFORMS  A
VARIETY  OF TASKS UNDER THE DIRECT SUPERVISION OF ONSITE LICENSED HEALTH
CARE PRACTITIONERS IN ADMINISTERING PREVENTIVE, CURATIVE, REHABILITATIVE
OR PROMOTIONAL CARE SERVICES IN A HEALTH CARE FACILITY OR MEDICAL  PRAC-
TICE.
  2.  "LICENSED  HEALTH  CARE  PRACTITIONER"  MEANS  ANY PERSON LICENSED
REGISTERED OR CERTIFIED PURSUANT TO THIS TITLE TO  PROVIDE  HEALTH  CARE
INCLUDING,  BUT NOT LIMITED TO, PHYSICIANS, PHYSICIAN ASSISTANTS, CERTI-
FIED NURSE PRACTITIONERS, REGISTERED PROFESSIONAL  NURSES  AND  LICENSED
PRACTICAL NURSES.
  3. "PRACTICE AS A MEDICAL ASSISTANT" MEANS TO ASSIST A LICENSED HEALTH
CARE  PRACTITIONER IN PROVIDING SERVICES DIRECTLY RELATED TO HEALTH CARE
OF PATIENTS AS A MEDICAL ASSISTANT.
  4. "DIRECT SUPERVISION" MEANS A LICENSED HEALTH CARE PRACTITIONER, WHO
IS ON THE PREMISES AND READILY AVAILABLE, DELEGATING TO AND  SUPERVISING
A  MEDICAL  ASSISTANT  IN  AN  OUTPATIENT  SETTING IN THE PERFORMANCE OF
HEALTH CARE INCLUDING, BUT NOT LIMITED TO, MEASURING VITAL SIGNS, APPLY-

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

                                                           LBD11553-06-6

S. 6751                             2

ING OR CHANGING WOUND DRESSINGS, PERFORMING  ELECTROCARDIOGRAMS,  TAKING
LABORATORY SPECIMENS (INCLUDING BLOOD), AND PROVIDING ASSISTANCE TO SUCH
PRACTITIONER, WHILE UNDER HIS OR HER DIRECT SUPERVISION, IN THE PERFORM-
ANCE OF A SPECIFIC MEDICAL TASK.
  S  6534.  SCOPE  OF TASKS. 1. ON AND AFTER JANUARY FIRST, TWO THOUSAND
SIXTEEN, NO PERSON MAY PRACTICE AS A MEDICAL ASSISTANT UNLESS HE OR  SHE
IS REGISTERED PURSUANT TO THE PROVISION OF THIS ARTICLE.
  2. MEDICAL ASSISTANTS ARE AUTHORIZED TO PERFORM THE FOLLOWING CLINICAL
PRACTICES,  WHILE UNDER THE DIRECT SUPERVISION OF A LICENSED HEALTH CARE
PRACTITIONER:
  A. MEASURING VITAL SIGNS;
  B. PREPARING PATIENTS FOR MEDICAL EXAMINATIONS;
  C. APPLYING AND CHANGING WOUND DRESSINGS;
  D. PERFORMING ELECTROCARDIOGRAMS;
  E. TAKING LABORATORY SPECIMENS (INCLUDING BLOOD);
  F. ASSISTING A LICENSED HEALTH CARE  PRACTITIONER,  WHILE  UNDER  SUCH
PRACTITIONER'S DIRECT SUPERVISION, TO PERFORM A SPECIFIC MEDICAL TASK;
  G.  ASSEMBLING  AND MAINTAINING HEALTH CARE CHARTS, ENTERING DATA INTO
ELECTRONIC HEALTH CARE RECORDS AND ASSISTING WITH BILLING; AND
  H. TAKING MEDICAL HISTORIES.
  3. PERSONS PERFORMING ONLY NON-CLINICAL DUTIES, SUCH AS ASSEMBLING AND
MAINTAINING HEALTH CARE CHARTS, ENTERING  DATA  INTO  ELECTRONIC  HEALTH
CARE  RECORDS AND/OR ASSISTING WITH BILLING; AND PERSONS HAVING SPECIAL-
IZED TRAINING PERFORMING ONLY PHLEBOTOMY OR ELECTROCARDIOGRAMS,  AND  NO
OTHER  HEALTH CARE PRACTICES, SHALL NOT BE DEEMED TO BE ENGAGED IN PRAC-
TICE AS A MEDICAL ASSISTANT AND SHALL NOT BE REQUIRED TO  BE  REGISTERED
PURSUANT TO THIS ARTICLE.
  4.  NO  PROVISIONS  OF  THIS  ARTICLE  SHALL BE DEEMED TO PROHIBIT ANY
LICENSED HEALTH CARE PRACTITIONER FROM PERFORMING ANY  TASK  WITHIN  THE
SCOPE OF HIS OR HER PRACTICE.
  S 6535. REQUIREMENTS  FOR  REGISTRATION. TO QUALIFY FOR A REGISTRATION
AS A  MEDICAL  ASSISTANT,  AN  APPLICANT  SHALL  FULFILL  THE  FOLLOWING
REQUIREMENTS:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION: MUST HAVE A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT;
  3. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  4. TRAINING: MUST HAVE SUCCESSFULLY COMPLETED ONE OF THE FOLLOWING:
  A.  A  POST  SECONDARY  OR  UNDERGRADUATE  MEDICAL  ASSISTANT TRAINING
PROGRAM ACCREDITED BY A REGIONAL OR NATIONAL ORGANIZATION RECOGNIZED  BY
THE  COMMISSION  ON ACCREDITATION OF ALLIED HEALTH EDUCATION PROGRAMS OR
THE ACCREDITING BUREAU OF HEALTH EDUCATION SCHOOLS,  OR  OFFERED  BY  AN
EDUCATIONAL  INSTITUTION  ACCREDITED BY THE FEDERAL DEPARTMENT OF EDUCA-
TION, OR OTHERWISE APPROVED BY THE DEPARTMENT;
  B. A MEDICAL ASSISTANT TRAINING PROGRAM APPROVED BY THE DEPARTMENT  OR
THE  DEPARTMENT  OF LABOR, INCLUDING ANY AGENCY OR OFFICE OF EITHER SUCH
DEPARTMENT;
  C. TWELVE CONSECUTIVE MONTHS, AND NOT LESS THAN  SEVEN  HUNDRED  HOURS
DURING  SUCH  TWELVE MONTH PERIOD, OF EXPERIENTIAL TRAINING AS A MEDICAL
ASSISTANT UNDER THE DIRECT SUPERVISION OF A LICENSED HEALTH CARE PRACTI-
TIONER, AS AFFIRMED AND ATTESTED TO IN WRITING BY SUCH PRACTITIONER; OR
  D. ANY MEDICAL ASSISTANT TRAINING PROGRAM PROVIDED BY THE ARMED FORCES
OF THE UNITED STATES FOR WHICH THE APPLICANT POSSESSES A CERTIFICATE  OF
COMPLETION;
  5. CERTIFICATION: MUST HAVE OBTAINED AND MAINTAIN A MEDICAL ASSISTANCE
CREDENTIAL  FROM  A  NATIONAL  CERTIFYING  BODY WITH A MEDICAL ASSISTANT
PROGRAM ACCREDITED BY THE NATIONAL COMMISSION FOR CERTIFYING  AGENCY  OR

S. 6751                             3

ANY  OTHER  NATIONALLY  RECOGNIZED AND APPROVED ACCREDITOR OF CERTIFYING
PROGRAMS ACCEPTABLE TO THE DEPARTMENT;
  6. REGISTRATION: A. ANY PERSON WHO PRACTICES AS A MEDICAL ASSISTANT ON
OR  AFTER  THE  EFFECTIVE  DATE  OF  THIS ARTICLE, SHALL COMPLY WITH THE
PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION  AND  REGISTER  WITH  THE
DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN.
  B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
ANY PERSON WHO HAS PRACTICED AS A MEDICAL ASSISTANT  FOR  FIVE  OR  MORE
YEARS  BEFORE  THE  EFFECTIVE DATE OF THIS ARTICLE, SHALL BE EXEMPT FROM
THE CERTIFICATION REQUIREMENT OF SUBDIVISION FIVE OF THIS SECTION; AND
  7. FEES: PAY A FEE IN SUCH AN AMOUNT AS SHALL  BE  DETERMINED  BY  THE
DEPARTMENT.
  S 2. This act shall take effect immediately.