Bill Text: NY S04376 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the licensing of physician assistants and the continued registration of specialist assistants.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-31 - SIGNED CHAP.48 [S04376 Detail]
Download: New_York-2011-S04376-Amended.html
Bill Title: Provides for the licensing of physician assistants and the continued registration of specialist assistants.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2012-05-31 - SIGNED CHAP.48 [S04376 Detail]
Download: New_York-2011-S04376-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4376--B
Cal. No. 389
2011-2012 Regular Sessions
I N S E N A T E
March 31, 2011
___________
Introduced by Sens. HANNON, LARKIN, RANZENHOFER -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health -- reported favorably from said committee, ordered to first and
second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading -- again
amended and ordered reprinted, retaining its place in the order of
third reading
AN ACT to amend the public health law and the education law, in relation
to physician assistants and specialist assistants
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 37 of the public health law, as added by chapter
2 1135 of the laws of 1971, the article heading and sections 3700 and 3701
3 as amended by chapter 210 of the laws of 1975, subdivision 2 of section
4 3701 as amended by chapter 375 of the laws of 2003, section 3703 as
5 amended by chapter 618 of the laws of 2006, subdivision 3 of section
6 3703 as added by chapter 603 of the laws of 2007, section 3704 as added
7 by chapter 30 of the laws of 2010, is amended to read as follows:
8 ARTICLE 37
9 [PHYSICIAN'S] PHYSICIAN
10 ASSISTANTS [AND SPECIALIST'S ASSISTANTS]
11 Section 3700. Definitions.
12 3701. Commissioner; powers and duties.
13 [3703] 3702. Special provisions.
14 [3704] 3703. Statutory construction.
15 S 3700. Definitions. As used in this article:
16 1. [Physician's] PHYSICIAN assistant. The term "[physician's] PHYSI-
17 CIAN assistant" means a person who is [registered] LICENSED as a [physi-
18 cian's] PHYSICIAN assistant pursuant to section sixty-five hundred
19 [thirty-one] FORTY-ONE of the education law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10463-07-1
S. 4376--B 2
1 2. [Specialist's assistant. The term "specialist's assistant" means a
2 person who is registered pursuant to section sixty-five hundred thirty-
3 one of the education law as a specialist's assistant for a particular
4 medical specialty as defined by regulations promulgated by the commis-
5 sioner pursuant to section thirty-seven hundred one of this article.
6 3.] Physician. The term "physician" means a practitioner of medicine
7 licensed to practice medicine pursuant to article one hundred thirty-one
8 of the education law.
9 [4] 3. Hospital. The term "hospital" means an institution or facility
10 possessing a valid operating certificate issued pursuant to article
11 twenty-eight of this chapter and authorized to employ [physician's]
12 PHYSICIAN assistants [and specialist's assistants] in accordance with
13 rules and regulations of the [state hospital review and] PUBLIC HEALTH
14 AND HEALTH planning council.
15 [5] 4. Approved program. The term "approved program" means a program
16 for the education of [physician's] PHYSICIAN assistants [or specialist's
17 assistants] which has been formally approved by the [department of]
18 education DEPARTMENT.
19 S 3701. Commissioner; powers and duties. The commissioner shall have
20 the following powers and duties: 1. to promulgate regulations defining
21 and restricting the duties which may be assigned to [physician's] PHYSI-
22 CIAN assistants [and specialist's assistants] by their supervising
23 physician, the degree of supervision required and the manner in which
24 such duties may be performed;
25 2. [to promulgate regulations establishing such different medical
26 specialties for which specialist's assistants may be registered by the
27 education department pursuant to section sixty-five hundred forty-one of
28 the education law as will most effectively increase the quality of
29 medical care available in this state provided, however, that no category
30 of specialist's assistant shall be established: (a) for areas in which
31 allied health professions are presently licensed under the education law
32 or the public health law; or (b) relating to the practice of surgery or
33 practice in the intensive care unit of any general hospital, as defined
34 pursuant to article twenty-eight of this chapter.
35 3.] to conduct and support continuing studies respecting the nature
36 and scope of the duties of [physician's] PHYSICIAN assistants [and
37 specialist's assistants] in order to promote their effective functioning
38 as members of the health care team;
39 [4] 3. to determine the desirability of and to establish rules for
40 requiring continuing education of [physician's] PHYSICIAN assistants
41 [and specialist's assistants];
42 [5] 4. to furnish the education department with suggested criteria
43 which may be used by the education department to help determine whether
44 an applicant for [registration] LICENSURE as a [physician's] PHYSICIAN
45 assistant [or specialist's assistant] possesses equivalent education and
46 training, such as experience as a nurse or military corpsman, which may
47 be accepted in lieu of all or part of an approved program;
48 [6] 5. to adopt such other rules and regulations as may be necessary
49 or appropriate to carry out the purposes of this article.
50 S [3703] 3702. Special provisions. 1. Inpatient medical orders. A
51 [registered physician's] LICENSED PHYSICIAN assistant employed or
52 extended privileges by a hospital may, if permissible under the bylaws,
53 rules and regulations of the hospital, write medical orders, including
54 those for controlled substances, for inpatients under the care of the
55 physician responsible for his or her supervision. Countersignature of
56 such orders may be required if deemed necessary and appropriate by the
S. 4376--B 3
1 supervising physician or the hospital, but in no event shall countersig-
2 nature be required prior to execution.
3 2. Withdrawing blood. A [registered physician's] LICENSED PHYSICIAN
4 assistant or certified nurse practitioner acting within his or her
5 lawful scope of practice may supervise and direct the withdrawal of
6 blood for the purpose of determining the alcoholic or drug content ther-
7 ein under subparagraph one of paragraph (a) of subdivision four of
8 section eleven hundred ninety-four of the vehicle and traffic law,
9 notwithstanding any provision to the contrary in clause (ii) of such
10 subparagraph.
11 3. Prescriptions for controlled substances. A [registered] LICENSED
12 physician assistant, in good faith and acting within his or her lawful
13 scope of practice, and to the extent assigned by his or her supervising
14 physician, may prescribe controlled substances as a practitioner under
15 article thirty-three of this chapter, to patients under the care of such
16 physician responsible for his or her supervision. The commissioner, in
17 consultation with the commissioner of education, may promulgate such
18 regulations as are necessary to carry out the purposes of this section.
19 S [3704] 3703. Statutory construction. A physician assistant may
20 perform any function in conjunction with a medical service lawfully
21 performed by the physician assistant, in any health care setting, that a
22 statute authorizes or directs a physician to perform and that is appro-
23 priate to the education, training and experience of the [registered]
24 LICENSED physician assistant and within the ordinary practice of the
25 supervising physician. This section shall not be construed to increase
26 or decrease the lawful scope of practice of a physician assistant under
27 the education law.
28 S 2. The public health law is amended by adding a new article 37-A to
29 read as follows:
30 ARTICLE 37-A
31 SPECIALIST ASSISTANTS
32 SECTION 3710. DEFINITIONS.
33 3711. COMMISSIONER; POWERS AND DUTIES.
34 S 3710. DEFINITIONS. AS USED IN THIS ARTICLE:
35 1. SPECIALIST ASSISTANT. THE TERM "SPECIALIST ASSISTANT" MEANS A
36 PERSON WHO IS REGISTERED PURSUANT TO SECTION SIXTY-FIVE HUNDRED
37 FORTY-EIGHT OF THE EDUCATION LAW AS A SPECIALIST ASSISTANT FOR A PARTIC-
38 ULAR MEDICAL SPECIALITY AS DEFINED BY REGULATIONS PROMULGATED BY THE
39 COMMISSIONER PURSUANT TO SECTION THIRTY-SEVEN HUNDRED ELEVEN OF THIS
40 ARTICLE.
41 2. PHYSICIAN. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE
42 LICENSED TO PRACTICE MEDICINE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE
43 OF THE EDUCATION LAW.
44 3. HOSPITAL. THE TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY
45 POSSESSING A VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE
46 TWENTY-EIGHT OF THIS CHAPTER AND AUTHORIZED TO EMPLOY SPECIALIST ASSIST-
47 ANTS IN ACCORDANCE WITH RULES AND REGULATIONS OF THE PUBLIC HEALTH AND
48 HEALTH PLANNING COUNCIL.
49 4. APPROVED PROGRAM. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR
50 THE EDUCATION OF SPECIALIST ASSISTANTS WHICH HAS BEEN FORMALLY APPROVED
51 BY THE EDUCATION DEPARTMENT.
52 S 3711. COMMISSIONER; POWERS AND DUTIES. THE COMMISSIONER SHALL HAVE
53 THE FOLLOWING POWERS AND DUTIES:
54 1. TO PROMULGATE REGULATIONS DEFINING AND RESTRICTING THE DUTIES WHICH
55 MAY BE ASSIGNED TO SPECIALIST ASSISTANTS, THE DEGREE OF SUPERVISION
56 REQUIRED AND THE MANNER IN WHICH SUCH DUTIES MAY BE PERFORMED;
S. 4376--B 4
1 2. TO PROMULGATE REGULATIONS ESTABLISHING SUCH DIFFERENT MEDICAL
2 SPECIALTIES FOR WHICH SPECIALIST ASSISTANTS MAY BE REGISTERED BY THE
3 EDUCATION DEPARTMENT PURSUANT TO SECTION SIXTY-FIVE HUNDRED FORTY-EIGHT
4 OF THE EDUCATION LAW AS WILL MOST EFFECTIVELY INCREASE THE QUALITY OF
5 MEDICAL CARE AVAILABLE IN THIS STATE; PROVIDED, HOWEVER, THAT NO CATEGO-
6 RY OF SPECIALIST ASSISTANT SHALL BE ESTABLISHED: (A) FOR AREAS IN WHICH
7 ALLIED HEALTH PROFESSIONS ARE LICENSED PURSUANT TO THE EDUCATION LAW OR
8 THIS CHAPTER; OR (B) RELATING TO THE PRACTICE OF SURGERY OR PRACTICE IN
9 THE INTENSIVE CARE UNIT OF ANY GENERAL HOSPITAL, AS DEFINED PURSUANT TO
10 ARTICLE TWENTY-EIGHT OF THIS CHAPTER.
11 3. TO CONDUCT AND SUPPORT CONTINUING STUDIES RESPECTING THE NATURE AND
12 SCOPE OF THE DUTIES OF SPECIALIST ASSISTANTS IN ORDER TO PROMOTE THEIR
13 EFFECTIVE FUNCTIONING AS MEMBERS OF THE HEALTH CARE TEAM;
14 4. TO DETERMINE THE DESIRABILITY OF AND TO ESTABLISH RULES FOR REQUIR-
15 ING CONTINUING EDUCATION OF SPECIALIST ASSISTANTS;
16 5. TO FURNISH THE EDUCATION DEPARTMENT WITH SUGGESTED CRITERIA WHICH
17 MAY BE USED BY THE EDUCATION DEPARTMENT TO HELP DETERMINE THE EDUCATION
18 AND TRAINING REQUIREMENTS FOR A SPECIALIST ASSISTANT;
19 6. TO ADOPT SUCH OTHER RULES AND REGULATIONS AS MAY BE NECESSARY OR
20 APPROPRIATE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
21 S 3. Article 131-B of the education law, as added by chapter 1135 of
22 the laws of 1971 and as renumbered by chapter 144 of the laws of 1975,
23 the article heading and sections 6540, 6541, 6542, 6545, 6547 and 6548
24 as amended by chapter 179 of the laws of 1992, the opening paragraph of
25 subdivision 1 of section 6541, subdivision 3 of section 6548 as amended
26 by chapter 573 of the laws of 1992, paragraphs (c), (d), (e) and (f) of
27 subdivision 1 of section 6541 as amended by chapter 293 of the laws of
28 2010 and subdivision 6 of section 6542 as amended by section 90 of
29 subpart B of part C of chapter 62 of the laws of 2011, is amended to
30 read as follows:
31 ARTICLE 131-B
32 PHYSICIAN ASSISTANTS [AND SPECIALIST ASSISTANTS]
33 Section 6540. Definitions.
34 6541. [Registration] REQUIREMENTS FOR LICENSE.
35 6542. Performance of medical services.
36 [6545] 6543. Construction.
37 [6546] 6544. Regulations.
38 [6547] 6545. Emergency services rendered by physician assistant.
39 [6548] 6546. Limited permits.
40 S 6540. Definitions. As used in this article: 1. Physician assistant.
41 The term "physician assistant" means a person who is [registered]
42 LICENSED as a physician assistant pursuant to this article.
43 2. [Specialist assistant. The term "specialist assistant" means a
44 person who is registered pursuant to this article as a specialist
45 assistant for a particular medical specialty as defined by regulations
46 promulgated by the commissioner of health pursuant to section thirty-
47 seven hundred one of the public health law.
48 3.] Physician. The term "physician" means a practitioner of medicine
49 licensed to practice medicine pursuant to article one hundred thirty-one
50 of this chapter.
51 [4] 3. Approved program. The term "approved program" means a program
52 for the education of physician assistants [or specialist assistants]
53 which has been formerly approved by the department.
54 [5] 4. Hospital. The term "hospital" means an institution or facility
55 possessing a valid operating certificate issued pursuant to article
56 twenty-eight of the public health law and authorized to employ physician
S. 4376--B 5
1 assistants [and specialist assistants] in accordance with rules and
2 regulations of the [state hospital review and] PUBLIC HEALTH AND HEALTH
3 planning council.
4 S 6541. [Registration] REQUIREMENTS FOR LICENSE. 1. To qualify for
5 [registration] A LICENSE as a physician assistant [or specialist assist-
6 ant], each person shall pay a fee of one hundred fifteen dollars to the
7 department for admission to a department conducted examination, a fee of
8 forty-five dollars for each reexamination and a fee of seventy dollars
9 for persons not requiring admission to a department conducted examina-
10 tion and shall also submit satisfactory evidence, verified by oath or
11 affirmation, that he or she:
12 (a) at the time of application is at least twenty-one years of age;
13 (b) is of good moral character;
14 (c) [in the case of an applicant for registration as a specialist
15 assistant, has successfully completed a four-year course of study in a
16 secondary school approved by the board of regents or has passed an
17 equivalency test;
18 (d) in the case of an applicant for registration as a physician
19 assistant,] has received an education including a bachelor's or equiv-
20 alent degree in accordance with the commissioner's regulations;
21 [(e)] (D) has satisfactorily completed an approved program for the
22 training of physician assistants [or specialist assistants]. The
23 approved program for the training of physician assistants shall include
24 not less than forty weeks of supervised clinical training and thirty-two
25 credit hours of classroom work. Applicants for [registration] A LICENSE
26 as a physician assistant who have completed an approved program leading
27 to a bachelor's degree or equivalent in physician assistant studies
28 shall be deemed to have satisfied this paragraph. The commissioner is
29 empowered to determine whether an applicant possesses equivalent educa-
30 tion and training, such as experience as a nurse or military corpsman,
31 which may be accepted in lieu of all or part of an approved program; and
32 [(f)] (E) in the case of an applicant for [registration] A LICENSE as
33 a physician assistant, has obtained a passing score on an examination
34 acceptable to the department.
35 2. The department shall furnish to each person applying for [registra-
36 tion hereunder] A LICENSE PURSUANT TO THIS SECTION an application form
37 calling for such information as the department deems necessary and shall
38 issue to each applicant who satisfies the requirements of subdivision
39 one of this section a [certificate of registration] LICENSE as a physi-
40 cian assistant [or specialist assistant] in a particular medical
41 specialty for the period expiring December thirty-first of the first
42 odd-numbered year terminating subsequent to THE ISSUANCE OF such [regis-
43 tration] LICENSE.
44 3. Every [registrant] LICENSEE shall apply to the department for a
45 [certificate of registration] RENEWAL OF HIS OR HER LICENSE. The
46 department shall mail to every [registered] LICENSED physician assistant
47 [and specialist assistant] an application form for [registration]
48 RENEWAL, addressed to the [registrant's] LICENSEE'S post office address
49 on file with the department. Upon receipt of such application properly
50 executed, together with evidence of satisfactory completion of such
51 continuing education requirements as may be established by the commis-
52 sioner of health pursuant to section thirty-seven hundred one of the
53 public health law, the department shall issue a [certificate of regis-
54 tration] RENEWAL. [Registration] RENEWAL periods shall be triennial and
55 the [registration] RENEWAL fee shall be forty-five dollars.
S. 4376--B 6
1 S 6542. Performance of medical services. 1. Notwithstanding any other
2 provision of law, a physician assistant may perform medical services,
3 but only when under the supervision of a physician and only when such
4 acts and duties as are assigned to him OR HER are within the scope of
5 practice of such supervising physician.
6 2. [Notwithstanding any other provision of law, a specialist assistant
7 may perform medical services, but only when under the supervision of a
8 physician and only when such acts and duties as are assigned to him are
9 related to the designated medical specialty for which he is registered
10 and are within the scope of practice of his supervising physician.
11 3.] Supervision shall be continuous but shall not be construed as
12 necessarily requiring the physical presence of the supervising physician
13 at the time and place where such services are performed.
14 [4] 3. No physician shall employ or supervise more than two physician
15 assistants [and two specialist assistants] in his OR HER private prac-
16 tice.
17 [5] 4. Nothing in this article shall prohibit a hospital from employ-
18 ing physician assistants [or specialist assistants] provided they work
19 under the supervision of a physician designated by the hospital and not
20 beyond the scope of practice of such physician. The numerical limita-
21 tion of subdivision [four] THREE of this section shall not apply to
22 services performed in a hospital.
23 [6.] 5. Notwithstanding any other provision of this article, nothing
24 shall prohibit a physician employed by or rendering services to the
25 department of corrections and community supervision under contract from
26 supervising no more than four physician assistants [or specialist
27 assistants] in his OR HER practice for the department of corrections and
28 community supervision.
29 [7] 6. Notwithstanding any other provision of law, a trainee in an
30 approved program may perform medical services when such services are
31 performed within the scope of such program.
32 [8] 7. Nothing in this article, or in article thirty-seven of the
33 public health law, shall be construed to authorize physician assistants
34 [or specialist assistants] to perform those specific functions and
35 duties specifically delegated by law to those persons licensed as allied
36 health professionals under the public health law or [the education law]
37 THIS CHAPTER.
38 S [6545] 6543. Construction. [1.] Only a person [registered] LICENSED
39 as a physician assistant by the department may use the title "[regis-
40 tered] physician assistant" or the letters ["R.P.A."] "P.A." after his
41 OR HER name.
42 [2. Only a person registered as a specialist assistant by the depart-
43 ment may use the title "registered specialist assistant" or the letters
44 "R.S.A." after his name.]
45 S [6546] 6544. Regulations. The commissioner may promulgate such
46 other regulations as are necessary to carry out the purposes of this
47 article.
48 S [6547] 6545. Emergency services rendered by physician assistant.
49 Notwithstanding any inconsistent provision of any general, special or
50 local law, any physician assistant properly [registered] LICENSED in
51 this state who voluntarily and without the expectation of monetary
52 compensation renders first aid or emergency treatment at the scene of an
53 accident or other emergency, outside a hospital, doctor's office or any
54 other place having proper and necessary medical equipment, to a person
55 who is unconscious, ill or injured, shall not be liable for damages for
56 injuries alleged to have been sustained by such person or for damages
S. 4376--B 7
1 for the death of such person alleged to have occurred by reason of an
2 act or omission in the rendering of such first aid or emergency treat-
3 ment unless it is established that such injuries were or such death was
4 caused by gross negligence on the part of such physician assistant.
5 Nothing in this section shall be deemed or construed to relieve a
6 licensed physician assistant from liability for damages for injuries or
7 death caused by an act or omission on the part of a physician assistant
8 while rendering professional services in the normal and ordinary course
9 of his OR HER practice.
10 S [6548] 6546. Limited permits. Permits limited as to eligibility,
11 practice and duration, shall be issued by the department to eligible
12 applicants, as follows:
13 1. Eligibility. A person who fulfills all requirements [for registra-
14 tion] TO BE LICENSED as a physician assistant except that relating to
15 the examination shall be eligible for a limited permit.
16 2. Limit of practice. A permittee shall be authorized to practice as a
17 physician assistant only under the direct supervision of a physician.
18 3. Duration. A limited permit shall expire one year from the date of
19 issuance or upon notice to the permittee by the department that the
20 application for [registration] A LICENSE has been denied. A limited
21 permit shall be extended upon application for one additional year,
22 provided that the permittee's request for such extension is endorsed by
23 a physician who either has supervised or will supervise the permittee,
24 except that such extension may be denied by the department for cause
25 which shall be stated in writing. If the permittee is awaiting the
26 results of a licensing examination at the time such limited permit
27 expires, such permit shall continue to be valid until ten days after
28 notification to the permittee of the result of such examination.
29 4. Fees. The fee for each limited permit shall be one hundred five
30 dollars.
31 S 4. The education law is amended by adding a new article 131-C to
32 read as follows:
33 ARTICLE 131-C
34 SPECIALIST ASSISTANTS
35 SECTION 6547. DEFINITIONS.
36 6548. REGISTRATION.
37 6549. PERFORMANCE OF MEDICAL SERVICES.
38 6549-A. CONSTRUCTION.
39 6549-B. REGULATIONS.
40 S 6547. DEFINITIONS. AS USED IN THIS ARTICLE:
41 1. SPECIALIST ASSISTANT. THE TERM "SPECIALIST ASSISTANT" MEANS A
42 PERSON WHO IS REGISTERED PURSUANT TO THIS ARTICLE AS A SPECIALIST
43 ASSISTANT FOR A PARTICULAR MEDICAL SPECIALTY AS DEFINED BY REGULATIONS
44 PROMULGATED BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION
45 THIRTY-SEVEN HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW.
46 2. PHYSICIAN. THE TERM "PHYSICIAN" MEANS A PRACTITIONER OF MEDICINE
47 LICENSED TO PRACTICE MEDICINE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE
48 OF THIS CHAPTER.
49 3. APPROVED PROGRAM. THE TERM "APPROVED PROGRAM" MEANS A PROGRAM FOR
50 THE EDUCATION OF SPECIALIST ASSISTANTS WHICH HAS BEEN APPROVED BY THE
51 DEPARTMENT.
52 4. HOSPITAL. THE TERM "HOSPITAL" MEANS AN INSTITUTION OR FACILITY
53 POSSESSING A VALID OPERATING CERTIFICATE ISSUED PURSUANT TO ARTICLE
54 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW AND AUTHORIZED TO EMPLOY SPECIAL-
55 IST ASSISTANTS IN ACCORDANCE WITH RULES AND REGULATIONS OF THE PUBLIC
56 HEALTH AND HEALTH PLANNING COUNCIL.
S. 4376--B 8
1 S 6548. REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS A SPECIALIST
2 ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
3 THE DEPARTMENT FOR ADMISSION TO A DEPARTMENT CONDUCTED EXAMINATION, A
4 FEE OF FORTY-FIVE DOLLARS FOR EACH REEXAMINATION AND A FEE OF SEVENTY
5 DOLLARS FOR PERSONS NOT REQUIRING ADMISSION TO A DEPARTMENT CONDUCTED
6 EXAMINATION AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERIFIED BY
7 OATH OR AFFIRMATION, THAT HE OR SHE:
8 (A) AT THE TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF AGE;
9 (B) IS OF GOOD MORAL CHARACTER;
10 (C) HAS SUCCESSFULLY COMPLETED A FOUR-YEAR COURSE OF STUDY IN A
11 SECONDARY SCHOOL APPROVED BY THE BOARD OF REGENTS OR HAS PASSED AN
12 EQUIVALENCY TEST; AND
13 (D) HAS SATISFACTORILY COMPLETED AN APPROVED PROGRAM FOR THE TRAINING
14 OF SPECIALIST ASSISTANTS.
15 2. THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
16 TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION AS THE
17 DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
18 FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION A CERTIFICATE
19 OF REGISTRATION AS SPECIALIST ASSISTANT IN A PARTICULAR MEDICAL SPECIAL-
20 TY FOR THE PERIOD EXPIRING DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUM-
21 BERED YEAR TERMINATING SUBSEQUENT TO SUCH REGISTRATION.
22 3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
23 REGISTRATION. THE DEPARTMENT SHALL MAIL TO EVERY REGISTERED SPECIALIST
24 ASSISTANT AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE REGIS-
25 TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
26 SUCH APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATISFAC-
27 TORY COMPLETION OF SUCH CONTINUING EDUCATION REQUIREMENTS AS MAY BE
28 ESTABLISHED BY THE COMMISSIONER OF HEALTH PURSUANT TO SECTION
29 THIRTY-SEVEN HUNDRED ELEVEN OF THE PUBLIC HEALTH LAW, THE DEPARTMENT
30 SHALL ISSUE A CERTIFICATE OF REGISTRATION. REGISTRATION PERIODS SHALL BE
31 TRIENNIAL AND THE REGISTRATION FEE SHALL BE FORTY-FIVE DOLLARS.
32 S 6549. PERFORMANCE OF MEDICAL SERVICES. 1. NOTWITHSTANDING ANY OTHER
33 PROVISION OF LAW, A SPECIALIST ASSISTANT MAY PERFORM MEDICAL SERVICES,
34 BUT ONLY WHEN UNDER THE SUPERVISION OF A PHYSICIAN AND ONLY WHEN SUCH
35 ACTS AND DUTIES AS ARE ASSIGNED TO HIM OR HER ARE RELATED TO THE DESIG-
36 NATED MEDICAL SPECIALITY FOR WHICH HE OR SHE IS REGISTERED AND ARE WITH-
37 IN THE SCOPE OF PRACTICE OF HIS OR HER SUPERVISING PHYSICIAN.
38 2. SUPERVISION SHALL BE CONTINUOUS BUT SHALL NOT BE CONSTRUED AS
39 NECESSARILY REQUIRING THE PHYSICAL PRESENCE OF THE SUPERVISING PHYSICIAN
40 AT THE TIME AND PLACE WHERE SUCH SERVICES ARE PERFORMED.
41 3. NO PHYSICIAN SHALL EMPLOY OR SUPERVISE MORE THAN TWO SPECIALIST
42 ASSISTANTS IN HIS OR HER PRIVATE PRACTICE.
43 4. NOTHING IN THIS ARTICLE SHALL PROHIBIT A HOSPITAL FROM EMPLOYING
44 SPECIALIST ASSISTANTS PROVIDED THEY WORK UNDER THE SUPERVISION OF A
45 PHYSICIAN DESIGNATED BY THE HOSPITAL AND NOT BEYOND THE SCOPE OF PRAC-
46 TICE OF SUCH PHYSICIAN. THE NUMERICAL LIMITATION OF SUBDIVISION THREE OF
47 THIS SECTION SHALL NOT APPLY TO SERVICES PERFORMED IN A HOSPITAL.
48 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NOTHING SHALL
49 PROHIBIT A PHYSICIAN EMPLOYED BY OR RENDERING SERVICES TO THE DEPARTMENT
50 OF CORRECTIONAL SERVICES UNDER CONTRACT FROM SUPERVISING NO MORE THAN
51 FOUR SPECIALIST ASSISTANTS IN HIS OR HER PRACTICE FOR THE DEPARTMENT OF
52 CORRECTIONS AND COMMUNITY SUPERVISION.
53 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A TRAINEE IN AN
54 APPROVED PROGRAM MAY PERFORM MEDICAL SERVICES WHEN SUCH SERVICES ARE
55 PERFORMED WITHIN THE SCOPE OF SUCH PROGRAM.
S. 4376--B 9
1 7. NOTHING IN THIS ARTICLE OR IN ARTICLE THIRTY-SEVEN-A OF THE PUBLIC
2 HEALTH LAW, SHALL BE CONSTRUED TO AUTHORIZE SPECIALIST ASSISTANTS TO
3 PERFORM THOSE SPECIFIC FUNCTIONS AND DUTIES SPECIFICALLY DELEGATED BY
4 LAW TO THOSE PERSONS LICENSED AS ALLIED HEALTH PROFESSIONALS UNDER THE
5 PUBLIC HEALTH LAW OR THIS CHAPTER.
6 S 6549-A. CONSTRUCTION. ONLY A PERSON REGISTERED AS A SPECIALIST
7 ASSISTANT BY THE DEPARTMENT MAY USE THE TITLE "REGISTERED SPECIALIST
8 ASSISTANT" OR THE LETTERS "R.S.A." AFTER HIS OR HER NAME.
9 S 6549-B. REGULATIONS. THE COMMISSIONER MAY PROMULGATE SUCH OTHER
10 REGULATIONS AS ARE NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
11 S 5. Every physician assistant registered pursuant to article 131-B of
12 the education law immediately prior to the effective date of this act
13 shall be deemed to be licensed pursuant to such article thereafter.
14 S 6. This act shall take effect on the first of January next succeed-
15 ing the date on which it shall have become a law; provided that, effec-
16 tive immediately, any rules and regulations necessary to implement the
17 provisions of this act on its effective date are authorized to be added,
18 amended and/or repealed on or before such date.
