Assembly Bill A7988

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7988
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law and the public health law, in relation
   to the performance of medical services by physician assistants
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 6542 of the educa-
 tion law, as amended by chapter 520 of the laws of 2024, are amended and
 two new subdivisions 1-a and 9 are added 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  such
 physician assistant are within the scope of practice of such supervising
 physician UNLESS OTHERWISE PERMITTED BY THIS SECTION.
   1-A.  A  PHYSICIAN ASSISTANT MAY PRACTICE WITHOUT THE SUPERVISION OF A
 PHYSICIAN UNDER THE FOLLOWING CIRCUMSTANCES:
   (A) SUCH PHYSICIAN ASSISTANT IS EMPLOYED BY A HEALTH SYSTEM OR  HOSPI-
 TAL  ESTABLISHED  UNDER  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
 SUCH PHYSICIAN ASSISTANT MEETS THE QUALIFICATIONS OF THE  MEDICAL  STAFF
 BYLAWS  OF  AND  IS  CREDENTIALED BY SUCH HEALTH SYSTEM OR HOSPITAL, AND
 SUCH HEALTH SYSTEM OR HOSPITAL GIVES  SUCH  PHYSICIAN  ASSISTANT  PRIVI-
 LEGES; OR
   (B)  SUCH  PHYSICIAN  ASSISTANT,  LICENSED  UNDER  SECTION  SIXTY-FIVE
 HUNDRED FORTY-ONE OF THIS ARTICLE:
   (I) HAS PRACTICED FOR MORE THAN SIX THOUSAND HOURS;
   (II) IS PRACTICING IN PRIMARY CARE, WHICH FOR  THE  PURPOSES  OF  THIS
 PARAGRAPH SHALL MEAN GENERAL PEDIATRICS, GENERAL ADULT MEDICINE, GENERAL
 GERIATRIC MEDICINE, GENERAL INTERNAL MEDICINE, MENTAL HEALTH SERVICES OR
 PSYCHIATRY,  OBSTETRICS AND GYNECOLOGY, FAMILY MEDICINE, EMERGENCY MEDI-
 CINE, URGENT CARE, OR SUCH OTHER RELATED  AREAS  AS  DETERMINED  BY  THE
 COMMISSIONER OF HEALTH; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11539-01-5
              

 A. 7988                             2
 
   (III) IS PERFORMING ANY OF THE FOLLOWING FUNCTIONS:
   (1) TAKING PATIENT HISTORIES;
   (2) PERFORMING PHYSICAL EXAMINATIONS;
   (3)  TRIAGING  PATIENTS  BASED ON RECOGNITION OF ABNORMAL VITAL SIGNS,
 EXAMINATION FINDINGS, AND/OR GENERAL OBSERVATIONS;
   (4)  ORDERING,  PERFORMING,  REVIEWING  AND  INTERPRETING  DIAGNOSTIC,
 RADIOLOGY, TOXICOLOGY AND LABORATORY TESTS AND SCREENINGS;
   (5) FORMULATING DIAGNOSES;
   (6) ADMINISTERING CLINICAL INTERVENTIONS WITH INFORMED CONSENT;
   (7) REFERRING PATIENTS TO OTHER PROFESSIONALS;
   (8)  COUNSELING  PATIENTS  AND  FAMILY,  GUARDIANS  AND  CAREGIVERS ON
 PREVENTABLE CONDITIONS  AND  LIFESTYLE  MODIFICATIONS,  PROMOTING  EARLY
 DETECTION AND PREVENTION OF MEDICAL CONDITIONS;
   (9)  IDENTIFYING AND REPORTING SIGNS OF ABUSE AND NEGLECT AND/OR TRAF-
 FICKING;
   (10) FOLLOWING BEST PRACTICE IMMUNIZATION STANDARDS FOR EVERY  PATIENT
 POPULATION;
   (11)  MANAGING  END OF LIFE AND PALLIATIVE CARE IN ACCORDANCE WITH THE
 PATIENT'S PREFERENCES AND AUTONOMY, INCLUDING ADVANCED DIRECTIVES;
   (12) FORMULATING AND IMPLEMENTING TREATMENT PLANS IN  ACCORDANCE  WITH
 APPLICABLE PRACTICE GUIDELINES;
   (13) RECOGNIZING AND TREATING LIFE-THREATENING CONDITIONS;
   (14)  PROVIDING  VIRTUAL  CARE  VIA TELEHEALTH FOR PATIENTS, INCLUDING
 CONDUCTING ASSESSMENTS AND MANAGING ACUTE AND CHRONIC CONDITIONS REMOTE-
 LY;
   (15) PROVIDING REMOTE MONITORING AND FOLLOW-UP CARE,  UTILIZING  TECH-
 NOLOGY  TO  TRACK  PATIENT  OUTCOMES,  MEDICATION ADHERENCE, AND ONGOING
 MANAGEMENT OF HEALTH CONDITIONS;
   (16) PRESCRIBING,  ADMINISTERING  AND  DISPENSING  PHARMACOLOGICAL  OR
 DIAGNOSTIC  THERAPIES,  INCLUDING  CONTROLLED SUBSTANCES, AND MONITORING
 AND FOLLOW-UP OF PHARMACOLOGIC  REGIMENS,  INCLUDING  ASSESSING  PATIENT
 ADHERENCE TO PRESCRIBED DRUG REGIMENS AND ADJUSTING TREATMENTS AS NECES-
 SARY TO ENSURE OPTIMAL OUTCOMES; OR
   (17) SUCH OTHER FUNCTIONS AS THE COMMISSIONER OF HEALTH MAY DETERMINE.
   2.  [Supervision]  WHERE  SUPERVISION  IS REQUIRED BY THIS SECTION, IT
 shall be continuous but shall not be construed as necessarily  requiring
 the physical presence of the supervising physician at the time and place
 where such services are performed.
   3.  [No]  WHERE  SUPERVISION IS REQUIRED BY THIS SECTION, NO physician
 shall employ or supervise more than six  physician  assistants  in  such
 physician's private practice at one time.
   4.  Nothing  in  this article shall prohibit a hospital from employing
 physician assistants, provided that they work under the supervision of a
 physician designated by the hospital and not beyond the scope  of  prac-
 tice  of  such  physician,  WHERE  SUCH  SUPERVISION IS REQUIRED BY THIS
 SECTION. The numerical limitation of subdivision three of  this  section
 shall not apply to services performed in a hospital.
   5.  Notwithstanding any other provision of this article, nothing shall
 prohibit a physician employed by or rendering services to the department
 of corrections and community supervision under contract from supervising
 no more than eight physician assistants in such physician's practice for
 the department of corrections and community  supervision  at  one  time,
 WHERE SUCH SUPERVISION IS REQUIRED BY THIS SECTION.
   9.  THE  COMMISSIONER AND THE COMMISSIONER OF HEALTH ARE AUTHORIZED TO
 PROMULGATE AND UPDATE REGULATIONS PURSUANT TO THIS SECTION.
 A. 7988                             3
 
   § 2. Subdivision 1 of section  3701  of  the  public  health  law,  as
 amended  by  chapter  48  of  the  laws  of  2012, is amended to read as
 follows:
   1.  to  promulgate  regulations  defining  and  restricting the duties
 [which may be assigned to] OF physician assistants [by their supervising
 physician, the degree of supervision required and the  manner  in  which
 such duties may be performed] CONSISTENT WITH SECTION SIXTY-FIVE HUNDRED
 FORTY-TWO OF THE EDUCATION LAW;
   §  3.  Section 3703 of the public health law, as amended by chapter 48
 of the laws of 2012, is amended to read as follows:
   § 3703. Statutory construction. A physician assistant may perform  any
 function in conjunction with a medical service lawfully performed by the
 physician  assistant, in any health care setting, that a statute author-
 izes or directs a physician to perform and that is  appropriate  to  the
 education,  training  and experience of the licensed physician assistant
 and within the ordinary practice of the supervising physician, AS APPLI-
 CABLE PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-TWO OF THE  EDUCATION
 LAW.    This  section shall not be construed to increase or decrease the
 lawful scope of practice of a physician assistant  under  the  education
 law.
   § 4. Paragraph a of subdivision 2 of section 902 of the education law,
 as  amended  by  chapter  376 of the laws of 2015, is amended to read as
 follows:
   a. The board of education, and the trustee or  board  of  trustees  of
 each  school district, shall employ, at a compensation to be agreed upon
 by the parties, a qualified physician, A PHYSICIAN ASSISTANT, or a nurse
 practitioner to the extent authorized by  the  nurse  practice  act  and
 consistent  with  subdivision three of section six thousand nine hundred
 two of this chapter, to perform the duties of  the  director  of  school
 health  services, including any duties conferred on the school physician
 or school medical inspector under any provision of law, to  perform  and
 coordinate the provision of health services in the public schools and to
 provide  health  appraisals  of students attending the public schools in
 the city or district. The physicians,  PHYSICIAN  ASSISTANTS,  or  nurse
 practitioners  so employed shall be duly licensed pursuant to applicable
 law.
   § 5. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.