Register All Medical Assistants

Section 1. The education law is amended by adding a new article 131-A-1 to read as follows:

ARTICLE 131-A-1

MEDICAL ASSISTANTS Section 6533. Definitions.

6534. Scope of tasks.

6535. Requirements for registration.

§ 6533. Definitions. As used in this section:

1. "Medical assistant" means a person, who acts as a medical support professional, who is not otherwise licensed, registered or certified pursuant to this title or the public health law, and who performs a variety of tasks under the direct supervision of onsite licensed health care practitioners in administering preventive, curative, rehabilitative or promotional care services in a health care facility or medical practice.

2. "Licensed health care practitioner" means any person licensed registered or certified pursuant to this title to provide health care including, but not limited to, physicians, physician assistants, certified nurse practitioners, registered professional nurses and licensed practical nurses.

3. "Practice as a medical assistant" means to assist a licensed health care practitioner in providing services directly related to health care of patients as a medical assistant.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03898-01-7

S. 1047 2

4. "Direct supervision" means a licensed health care practitioner, who is on the premises and readily available, delegating to and supervising a medical assistant in an outpatient setting in the performance of health care including, but not limited to, measuring vital signs, applying or changing wound dressings, performing electrocardiograms, taking laboratory specimens (including blood), and providing assistance to such practitioner, while under his or her direct supervision, in the performance of a specific medical task.

§ 6534. Scope of tasks. 1. On and after January first, two thousand eighteen, no person may practice as a medical assistant unless he or she is registered pursuant to the provision of this article.

2. Medical assistants are authorized to perform the following clinical practices, while under the direct supervision of a licensed health care practitioner:

a. measuring vital signs;

b. preparing patients for medical examinations;

c. applying and changing wound dressings;

d. performing electrocardiograms;

e. taking laboratory specimens (including blood);

f. assisting a licensed health care practitioner, while under such practitioner's direct supervision, to perform a specific medical task;

g. assembling and maintaining health care charts, entering data into electronic health care records and assisting with billing; and

h. taking medical histories.

3. Persons performing only non-clinical duties, such as assembling and maintaining health care charts, entering data into electronic health care records and/or assisting with billing; and persons having specialized training performing only phlebotomy or electrocardiograms, and no other health care practices, shall not be deemed to be engaged in practice as a medical assistant and shall not be required to be registered pursuant to this article.

4. No provisions of this article shall be deemed to prohibit any licensed health care practitioner from performing any task within the scope of his or her practice.

§ 6535. Requirements for registration. To qualify for a registration as a medical assistant, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;

2. Education: must have a high school diploma or its equivalent;

3. Age: be at least eighteen years of age;

4. Training: must have successfully completed one of the following:

a. a post secondary or undergraduate medical assistant training program accredited by a regional or national organization recognized by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools, or offered by an educational institution accredited by the federal Department of Education, or otherwise approved by the department;

b. a medical assistant training program approved by the department or the department of labor, including any agency or office of either such department;

c. twelve consecutive months, and not less than seven hundred hours during such twelve month period, of experiential training as a medical assistant under the direct supervision of a licensed health care practitioner, as affirmed and attested to in writing by such practitioner; or

S. 1047 3

d. any medical assistant training program provided by the armed forces of the United States for which the applicant possesses a certificate of completion;

5. Certification: must have obtained and maintain a medical assistance credential from a national certifying body with a medical assistant program accredited by the National Commission for Certifying Agency or any other nationally recognized and approved accreditor of certifying programs acceptable to the department;

6. Registration: a. Any person who practices as a medical assistant on or after the effective date of this article, shall comply with the provisions of subdivision five of this section and register with the department on or before January first, two thousand eighteen.

b. Notwithstanding the provisions of paragraph a of this subdivision, any person who has practiced as a medical assistant for five or more years before the effective date of this article, shall be exempt from the certification requirement of subdivision five of this section; and

7. Fees: pay a fee in such an amount as shall be determined by the department.

§ 2. This act shall take effect immediately.