Bill Text: NY A08378 | 2023-2024 | General Assembly | Amended

---

Bill Title: Relates to amending physician assistant practice standards; provides for the repeal of certain provisions upon expiration thereof.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-06-06 - substituted by s9038a [A08378 Detail]

Download: New_York-2023-A08378-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8378--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by  M.  of A. PAULIN, LUPARDO, BICHOTTE HERMELYN, GUNTHER --
          read once and referred to the Committee on Higher Education --  recom-
          mitted  to the Committee on Higher Education in accordance with Assem-
          bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the education law and the public health law, in relation
          to  amending physician assistant practice standards; and providing for
          the repeal of certain provisions upon expiration thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 6542 of the education law, as amended by chapter 48
     2  of  the  laws  of  2012, subdivisions 3 and 5 as amended by section 1 of
     3  part T of chapter 57 of the laws of 2013, is amended to read as follows:
     4    § 6542. Performance of medical services. 1. Notwithstanding any  other
     5  provision  of  law,  a physician assistant may perform medical services,
     6  but only when under the supervision of a physician and  only  when  such
     7  acts and duties as are assigned to [him or her] such physician assistant
     8  are within the scope of practice of such supervising physician.
     9    2.  Supervision  shall  be  continuous  but  shall not be construed as
    10  necessarily requiring the physical presence of the supervising physician
    11  at the time and place where such services are performed.
    12    3. No physician shall employ or supervise more than [four] six  physi-
    13  cian assistants in [his or her] such physician's private practice at one
    14  time.
    15    4.  Nothing  in  this article shall prohibit a hospital from employing
    16  physician assistants, provided that they work under the supervision of a
    17  physician designated by the hospital and not beyond the scope  of  prac-
    18  tice of such physician. The numerical limitation of subdivision three of
    19  this section shall not apply to services performed in a hospital.
    20    5.  Notwithstanding any other provision of this article, nothing shall
    21  prohibit a physician employed by or rendering services to the department

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13627-21-4
        A. 8378--A                          2

     1  of corrections and community supervision under contract from supervising
     2  no more than [six] eight physician  assistants  in  [his  or  her]  such
     3  physician's  practice  for  the  department of corrections and community
     4  supervision at one time.
     5    6.  Notwithstanding  any  other  provision  of  law,  a  trainee in an
     6  approved program may perform medical services  when  such  services  are
     7  performed within the scope of such program.
     8    7. A physician assistant may prescribe and order a non-patient specif-
     9  ic  regimen  to a registered professional nurse, pursuant to regulations
    10  promulgated by the commissioner, and consistent with the  public  health
    11  law, for:
    12    (a) administering immunizations.
    13    (b) the emergency treatment of anaphylaxis.
    14    (c)  administering purified protein derived (PPD) tests or other tests
    15  to detect or screen for tuberculosis infections.
    16    (d) administering tests to determine the presence of the human immuno-
    17  deficiency virus.
    18    (e) administering tests to determine the presence of the  hepatitis  C
    19  virus.
    20    (f)  the  urgent  or emergency treatment of opioid related overdose or
    21  suspected opioid related overdose.
    22    (g) screening of persons at increased risk of syphilis, gonorrhea, and
    23  chlamydia.
    24    (h) administering electrocardiogram tests to detect signs and symptoms
    25  of acute coronary syndrome.
    26    (i) administering point-of-care blood glucose tests to evaluate  acute
    27  mental status changes in persons with suspected hypoglycemia.
    28    (j)  administering  tests  and  intravenous lines to persons that meet
    29  severe sepsis and septic shock criteria.
    30    (k) administering tests to determine pregnancy.
    31    (l) administering tests to determine the presence of COVID-19  or  its
    32  antibodies or influenza virus.
    33    8.  Nothing  in this article, or in article thirty-seven of the public
    34  health law, shall be construed  to  authorize  physician  assistants  to
    35  perform  those  specific  functions and duties specifically delegated by
    36  law to those persons licensed as allied health professionals  under  the
    37  public health law or this chapter.
    38    §  2.    Subdivision  1  of  section 3702 of the public health law, as
    39  amended by chapter 48 of the  laws  of  2012,  is  amended  to  read  as
    40  follows:
    41    1.  Inpatient  medical orders. A licensed physician assistant employed
    42  or extended privileges by a  hospital  may,  if  permissible  under  the
    43  bylaws,  rules  and  regulations  of the hospital, write medical orders,
    44  including those for controlled substances and durable medical equipment,
    45  for inpatients under the care of the physician responsible for  [his  or
    46  her]  the  supervision of such physician assistant.  Countersignature of
    47  such orders may be required if deemed necessary and appropriate  by  the
    48  supervising physician or the hospital, but in no event shall countersig-
    49  nature be required prior to execution.
    50    §  3.  Subdivision 5 of section 6810 of the education law, as added by
    51  chapter 881 of the laws of 1972, is amended to read as follows:
    52    5. Records of all prescriptions filled or refilled shall be maintained
    53  for a period of at least five years and upon request made available  for
    54  inspection  and  copying  by  a  representative  of the department. Such
    55  records  shall  indicate  date  of  filling  or  refilling,   [doctor's]
    56  prescriber's  name,  patient's name and address and the name or initials
        A. 8378--A                          3

     1  of  the  pharmacist  who  prepared,   compounded,   or   dispensed   the
     2  prescription.  Records  of prescriptions for controlled substances shall
     3  be maintained pursuant to requirements of article  thirty-three  of  the
     4  public health law.
     5    §  4.  This  act  shall  take  effect three months after it shall have
     6  become a law; provided, however, that paragraph (l) of subdivision 7  of
     7  section  6542 of the education law, as added by section one of this act,
     8  shall expire and be deemed repealed July 1, 2026.  Effective  immediate-
     9  ly,  the    state  education department and the department of health are
    10  authorized to promulgate, amend and/or repeal  any  rule  or  regulation
    11  necessary for the implementation of section one of this act on or before
    12  such effective date.