Authorizes physician assistants under the supervision of a physician to perform most medical services that such physician can perform

BILL NUMBER:A1726B REVISED 3/17/10

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 PA 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 meet- ing 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 prac- tice. 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 PA may not perform a blood alcohol test in an alleged drunk driving case, since the Vehicle and Traffic Law refers to a physi- cian directing the drawing of blood.

This bill, by its explicit terms, would not change the scope of practice of a PA or alter any other requirement of Article 131-B of the Education Law, or Article 37 of the Public Health Law, or regulations promulgated under those laws. For example, while under law and ordinary practice, a supervising physician need not be physically present while the physician assistant performs a medical service or function. Health Department regulation 94.2(3) requires that medical services must be appropriate to the education, training and experience of the physician assistant. DOH may make other regulations as well. Therefore, there may be instances where PA performance of a particular medical service is not allowed or would require direct supervision, due to limitations in the physician assistant's education, training or experience. This bill would not change that.

This bill would only clarify that a PA may perform any functions relat- ing to any medical service that is authorized under the PA's scope of practice.

Prior legislative history

This bill is drawn from the following broad- er earlier bills: 2004: A.11826 - referred to Health committee 2005-06: A2005-A referred to Health committee 2007-08: A.5507-A - referred to Health committee

Fiscal implications

None

Effective date

Immediately