Relates to allowing physician assistants to partner with physicians

BILL NUMBER:S5208

Title of bill

An act to amend the education law, in relation to allowing physician assistants to partner with physicians

Purpose

To clarify that physicians and physician assistants may partner and form entities under the business corporation law.

Summary of provisions

Section one amends section 6542 of the edudation law to clarify that physicians and physician assistants may partner and form professional entities. It does not alter the requirement that physician assistants operate with physician supervision.

Section five provides for the effective date.

Existing law

Current law does not specifically prevent physicians and physician assistants from partnering to own a business such as a medical clinic, however, the State Department of Health has not allowed such arrangements. This bill would clarify that the law does not preclude physicians and physician assistants from forming such professional entities.

Justification

While current law does not specifically preclude physicians and physician assistants from forming professional entities, the NYS Department of Health has not allowed such arrangements_ This hampers the availability of medical care in rural areas of our state, and especially in the North Country. Allowing such partnerships would make it possible for a physician assistant to open a clinic in a rural area, and be supervised by a physician in a neighboring area.

In no way does this bill increase in the scope of practice of physician assistants or lessen the medical supervision requirements of a physician over a physician assistant. It simply gives physician assistants the ability to open a clinic in partnership with a physician. Across the country, such practices are common and in fact since 2003, the Medicare program has provided reimbursement to practices in which PAs share ownership. In addition, PAs have been authorized to own certified rural health clinics for over thirty years.

Currently the Department of Health will only allow physician assistants to establish professional entities with other physician assistants, preventing them from co-owning a professional entity with a physician. New York State should in fact be promoting this type of practice, which will encourage new medical practices and the greater availability of medical care in rural areas.

Often a physician assistant would like to assume ownership of a clinic from a retiring physician, with a doctor from a neighboring town

agreeing to supervise the PA, but not wishing to take on sole ownership responsibilities. Allowing PAs and doctors to partner in a business entity will mean a practice that would otherwise close will remain open and the patients of that clinic will not have to drive great distances for needed health care.

Legislative history

This is a new bill.

Fiscal implications

There are no fiscal implication to the state.

Effective date

This bill will take place immediately.