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

Section 3 amends section 2305 of the public health law to clarify that physician assistants are authorized to diagnose or prescribe for a person who is infected or has been infected with a sexually transmissible disease including persons under the age of twenty-one years without the consent or knowledge of the parents or guardian.

Section 4 amends section 2308 of the public health law to clarify that physician assistants are authorized to attend pregnant women to tale or cause to be taken a sample of blood and submit it to an approved laboratory for a test for syphilis.

Section 5 amends section 2498 of the public health law to clarify that physician assistants are authorized to provide a summary when a hysterectomy is under consideration.

Section 6 amends section 2500-e of the public health law to clarify that a physician assistant is authorized to certify that a follow-up dose of hepatitis B vaccine may be detrimental to a child's health making inapplicable the requirements of this section.

Section 7 amends section 2502 of the public health law to clarify that physician assistants are authorized to direct or advise any remedy for the inflammation or reddening of one or both eyes of an infant within the age of two weeks.

Section 8 amends section 2503 of the public health law to clarify that physician assistants are authorized to inform the expectant mother of the drugs expected to be employed during pregnancy and at birth and of the possible side effects of such drugs.

Section 9 amends section 2504 of the public health law, to clarify that physician assistants are authorized to render medical services if the physician assistant judges an emergency exists and the person is in immediate need of medical attention without the consent of a parent or legal guardian.

Section 10 amends section 2570 of the public health law, to order every institution, except hospitals, operated for the express purpose or receiving or caring for dependent, neglected, or destitute children to post the name and address within such institution of a physician assistant of its selection.

Section 11 amends section 2573 of the public health law to clarify that physician assistants are authorized to make reports concerning the physical condition and health of the children and the environmental sanitation of the institution as may be required by the state health commissioner or local health officer.

Section 12 amends section 3001 of the public health law to define "qualified medical and health personnel" to include physician assistants.

Section 13 amends section 3602 of the public health law to clarify that physician assistants are authorized to order or prescribe home health aide and personal care services where not prohibited by federal law or regulations.

Sections 14 through 20 amend sections 4141, 4141-a, 4142, 4144, 4161, 4171, and 4175 of the public health law to clarify that physician assistants are authorized to sign and certify death certificates. It also clarifies that physician assistants are required to record information and file such certificates in the same manner as physicians must do.

Section 21 amends section 6540 of the education law to define the term "physician assistant".

Section 22 amends section 6542 of the education law to clarify that physician assistants are authorized to perform medical services under the supervision of a physician and within the supervising physician's scope of practice and to clarify that physician assistants are prohibited from performing any functions and duties delegated to those persons licensed as allied health professionals such as radiologic technology or the practice of optometry.

Section 23 amends the education law by adding a new section, 6545-a to define statutory construction to clarify that physician assistants are permitted to perform any function, with supervision, in any health care setting, that a statute authorizes or directs a physician to perform unless it expressly states otherwise.

Section 24 amends section 6731 of the education law to clarify that physician assistants are authorized to order a referral for physical therapy.

Section 25 amends subdivision 6741 of the education law to clarify that nothing in this article is intended to affect the overall medical direction by a licensed physician assistant of a physical therapy assistant.

Section 26 amends section 6807 of the education law to clarify that pharmacists are authorized to dispense drugs and devices pursuant to a non-patient specific regimen as prescribed or ordered by a physician assistant.

Section 27 amends section 6909 of the education law to clarify that a registered professional nurse is authorized to execute a non-patient specific regimen prescribed or ordered by a physician assistant.

Section 28 amends section 6957 of the education law to clarify that nothing in this article shall be construed to affect or prevent or

expand or limit any duty of a licensed physician assistant or physician assistant student from practicing midwifery.

Section 29 amends section 7901 of the education law to clarify that physician assistants are authorized to order or prescribe occupational therapy treatment.

Section 30 amends section 1194 of the vehicle and traffic law to clarify that registered physician assistants are authorized to supervise and direct the withdrawing of blood.

Section 31 amends section 461-c of the social services law to clarify that an adult care facility is authorized to accept a written report from a physician assistant upon admission and allows for the resident to be examined by a physician assistant at least annually thereafter and submit an annual written report in conformity with the provisions of this subdivision.

Section 32 amends subdivision 1 of section 13-b of the workers' compensation law to clarify that physician assistants are authorized to and may (a) render emergency medical care without authorization by the chair, (b) render care while an injured employee remains in such hospital and (c) render medical care consistent with article thirty-seven of the public health law and article one hundred thirty-one-B of the education law.

Section 33 amends section 13-c of the workers' compensation law to clarify that physician assistants are authorized to render medical care and be authorized to render such care pursuant to this chapter and to clarify that physician assistants are authorized to order physical therapy care and occupational therapy care.

Section 34 amends section 33.04 of the mental hygiene law to clarify that physician assistants are authorized to order a restraint.

Section 35 amends section 406 of the general business law to clarify that a physician assistant is authorized to certify freedom from any infectious or communicable disease.

Justification

In 1971, the New York State Legislature recognized the extreme shortage of physicians in many areas of the state and enacted Articles 38 and 131 of the Education Law and Article 37 of the Public Health Law permitting the licensure of physician assistants within the State. The purpose of these Articles was "to provide for the registration of physician's associates and specialist's assistants who will be available for employment by physicians to permit medical services to be given to persons not receiving them now and whose qualifications will assure that the health of patients are met properly."

Within these Articles, the legislature clearly and unambiguously established that physician assistants are dependent practitioners working under the supervision of a licensed physician responsible for the actions of the physician assistant. Further, that the supervising physician may delegate to the physician assistant any medical procedures or tasks for which the physician assistant is appropriately trained and qualified to perform and that are performed within the normal scope of the physician's practice.

In the years since the enactment of these articles, physician assistants have become an integral part of New York's health caregiver team. Physician assistants practice in every health care setting with physician supervision and have authority to diagnose and treat patients with a range of medical conditions. From patient education to surgical assisting and patients management, physician assistants are versatile members of the medical team. With education and skills that make them adaptable and flexible, physician assistants complement the work of their supervising physicians.

However, regulatory and judicial interpretations of separate and subsequent legislative acts have erroneously served to erode the legislature's initial intent in enacting the above mentioned articles. Some regulators and courts have begun to constrict the original scope of practice mandate of physician assistants by requiring subsequent legislative acts that authorize or direct physicians to perform certain procedures to expressly authorize physician assistants to perform such acts. In the absence of express statutory authorization, they have reasoned, physician assistants are not able to perform these these functions under the supervision of a physician.

Therefore, the legislature hereby finds and declares that a clarification and restatement of the scope of practice of a physician assistant is in order. Simply stated, the legislature finds and declares that physician assistants may perform any function, with appropriate physician supervision, in any health care setting, that a statute authorizes a physician to perform and that is within the normal practice of that physician, unless the statute expressly states otherwise.

Prior legislative history

S.7057 (2003-04)

Effective date

Immediate.