Let PAs Do More

Section 1. Subdivision 1 of section 3700 of the public health law, as amended by chapter 48 of the laws of 2012, is amended to read as follows:

1. Physician assistant. The term "physician assistant" means a [person] dependent practitioner working under the supervision of a licensed physician responsible for the actions of the physician assistant and who is licensed as a physician assistant pursuant to section sixty-five hundred forty-one of the education law.

§ 2. The public health law is amended by adding a new section 3704 to read as follows:

§ 3704. Performance of medical services. 1. A physician assistant may perform medical services, but only when under the supervision of a physician and only when such acts assigned to him or her are within the scope of practice of such supervising physician. 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.

2. Nothing in this article or in article one hundred thirty-one-B of the education law shall be construed to authorize physician assistants to perform those specific functions and duties specifically delegated by law to those persons licensed as allied health professionals under this chapter or the education law. Specifically, physician assistants shall

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

[ ] is old law to be omitted.

LBD03727-01-9

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not perform the practice of radiologic technology or the practice of optometry as those practices are defined under this chapter and the education law.

§ 3. Subdivisions 1 and 2 of section 2305 of the public health law, as amended by section 35 of part E of chapter 56 of the laws of 2013, are amended to read as follows:

1. No person, other than a licensed physician or a physician assistant under the supervision of a licensed physician, or, in a hospital, a staff physician, shall diagnose, treat or prescribe for a person who is infected with a sexually transmitted disease, or who has been exposed to infection with a sexually transmitted disease, or dispense or sell a drug, medicine or remedy for the treatment of such person except on prescription of a duly licensed physician or a physician assistant under the supervision of a licensed physician.

2. A licensed physician or a physician assistant under the supervision of a licensed physician, or in a hospital, a staff physician, may diagnose, treat or prescribe for a person under the age of twenty-one years without the consent or knowledge of the parents or guardian of said person, where such person is infected with a sexually transmitted disease, or has been exposed to infection with a sexually transmitted disease.

§ 4. Subdivisions 1 and 2 of section 2308 of the public health law are amended to read as follows:

1. Every physician or physician assistant under the supervision of such physician attending pregnant women in the state shall in the case of every woman so attended take or cause to be taken a sample of blood of such woman at the time of first examination, and submit such sample to an approved laboratory for a standard serological test for syphilis.

2. Every other person permitted by law to attend upon pregnant women in the state but not permitted by law to take blood tests, shall cause a sample of the blood of such pregnant woman to be taken promptly by a duly licensed physician or a physician assistant under the supervision of such physician and submitted to an approved laboratory for a standard serological test for syphilis.

§ 5. Section 2498 of the public health law, as added by chapter 237 of the laws of 1990, is amended to read as follows:

§ 2498. Provision of summary by physician. The summary shall be provided by a physician, or a physician assistant under the supervision of such physician, to each person under such physician's or physician assistant's care, when a hysterectomy is under consideration for that person.

§ 6. Subdivision 10 of section 2500-e of the public health law, as added by chapter 4 of the laws of 1990, is amended to read as follows:

10. If any licensed physician, physician assistant under the supervision of a licensed physician or nurse practitioner certifies that a follow-up dose of hepatitis B vaccine may be detrimental to a child's health, the requirements of this section shall be inapplicable until such immunization is found no longer to be detrimental to such child's health.

§ 7. Section 2502 of the public health law, as amended by chapter 884 of the laws of 1972, is amended to read as follows:

§ 2502. Report of certain conditions. Any nurse-midwife, nurse or other person having the care of an infant within the age of two weeks who neglects or omits to report immediately to the health officer or to a legally qualified practitioner of medicine of the city, town or place where such child is being cared for, the fact that one or both eyes of

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such infant are [inflammed] inflamed or reddened whenever such shall be the case, or who applies any remedy therefor without the advice, or except by the direction of such officer or physician or a physician assistant under the supervision of a physician is guilty of a misdemeanor.

§ 8. Section 2503 of the public health law, as amended by chapter 485 of the laws of 1978, is amended to read as follows:

§ 2503. Drug information to be furnished expectant mothers. The physician, a physician assistant under the supervision of a physician or nurse-midwife to be in attendance at the birth of a child shall inform the expectant mother, in advance of the birth, of the drugs that such physician, physician assistant under the supervision of a physician or nurse-midwife expects to employ during pregnancy and of the obstetrical and other drugs that such physician, physician assistant under the supervision of a physician or nurse-midwife expects to employ at birth and of the possible effects of such drugs on the child and mother.

§ 9. Subdivision 4 of section 2504 of the public health law, as added by chapter 769 of the laws of 1972 and as renumbered by chapter 976 of the laws of 1984, is amended to read as follows:

4. Medical, dental, health and hospital services may be rendered to persons of any age without the consent of a parent or legal guardian when, in the physician's or physician assistant's under the supervision of such physician judgment an emergency exists and the person is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the person's life or health.

§ 10. Subdivision 1 of section 2570 of the public health law, as amended by chapter 495 of the laws of 1955, is amended to read as follows:

1. Every institution in this state, operated for the express purpose of receiving or caring for dependent, neglected or destitute children or juvenile delinquents, except hospitals, shall have attached thereto a regular physician or physician assistant under the supervision of a regular physician of its selection duly licensed under the laws of the state and in good professional standing, whose name and address shall be kept posted conspicuously within such institution.

§ 11. Subdivision 1 of section 2573 of the public health law, as added by chapter 495 of the laws of 1955, is amended to read as follows:

1. The administrative officer or person in charge and the regular physician or physician assistant under the supervision of a regular physician of every institution caring for children referred to in this article shall make such 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, local health officer or health commissioner having jurisdiction.

§ 12. Subdivision 14 of section 3001 of the public health law, as amended by chapter 804 of the laws of 1992, is amended to read as follows:

14. "Qualified medical and health personnel" means physicians, physician assistants, registered professional nurses and advanced emergency medical technicians competent in the management of patients requiring advanced life support care.

§ 13. Subdivisions 4 and 5 of section 3602 of the public health law, as amended by chapter 376 of the laws of 2015, are amended to read as follows:

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4. "Home health aide services" means simple health care tasks, personal hygiene services, housekeeping tasks essential to the patient's health and other related supportive services. Such services shall be prescribed by a physician or a physician assistant under the supervision of a physician in accordance with a plan of treatment for the patient and shall be under the supervision of a registered professional nurse from a certified home health agency or, when appropriate, from a provider of a long term home health care program and of the appropriate professional therapist from such agency or provider when the aide carries out simple procedures as an extension of physical, speech or occupational therapy. Such services may also be prescribed or ordered by a nurse practitioner to the extent authorized by law and consistent with subdivision three of section six thousand nine hundred two of the education law and not prohibited by federal law or regulation.

5. "Personal care services" means services to assist with personal hygiene, dressing, feeding and household tasks essential to the patient's health. Such services shall be prescribed by a physician or a physician assistant under the supervision of a physician in accordance with a plan of home care supervised by a registered professional nurse. Such services may also be prescribed or ordered by a nurse practitioner to the extent authorized by law and consistent with subdivision three of section six thousand nine hundred two of the education law and not prohibited by federal law or regulations.

§ 14. Subdivision 4 of section 4141 of the public health law, as amended by chapter 153 of the laws of 2011, is amended to read as follows:

4. (a) The medical certificate shall be made, dated, and signed by the physician, the physician assistant acting under the supervision of a physician, or nurse practitioner, if any, last in attendance on the deceased.

(b) Indefinite terms, denoting only symptoms of disease or conditions resulting from disease, shall not be held sufficient.

(c) Any certificate stating the cause of death in terms which the commissioner declares indefinite shall be returned to the physician, the physician assistant acting under the supervision of a physician, nurse practitioner, or person making the medical certificate for correction and more definite statement. A certificate certified to and signed by a physician assistant in accordance with this section shall have the same force and effect in the law as a certificate signed by a physician.

(d) Where a death is caused by an opioid overdose, such information shall be indicated, including any related information as the commissioner may require.

§ 15. Section 4141-a of the public health law, as amended by chapter 352 of the laws of 2013, is amended to read as follows:

§ 4141-a. Death certificate; duties of hospital administrator. When a death occurs in a hospital, except in those cases where certificates are issued by coroners or medical examiners, the person in charge of such hospital or his or her designated representative shall promptly present the certificate to the physician, the physician assistant acting under the supervision of a physician, or nurse practitioner in attendance, or a physician, physician assistant acting under the supervision of a physician, or nurse practitioner acting in his or her behalf, who shall promptly certify to the facts of death, provide the medical information required by the certificate, sign the medical certificate of death, and thereupon return such certificate to such person, so that the seventytwo hour registration time limit prescribed in section four thousand one

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hundred forty of this title can be met; provided, however that commencing on or after the implementation date under section forty-one hundred forty-eight of this title, information and signatures required by this section shall be obtained and made in accordance with section forty-one hundred forty-eight of this title. A certificate certified to and signed by a physician assistant in accordance with this section shall have the same force and effect in law as a certificate signed by a physician.

§ 16. Subdivision (b) of section 4142 of the public health law, as amended by chapter 153 of the laws of 2011, is amended to read as follows:

(b) present the certificate promptly to the attending physician, physician assistant under the supervision of a physician, or nurse practitioner, who shall forthwith certify to the facts of death, provide the medical information required by the certificate and sign the medical certificate of death, or to the coroner or medical examiner in those cases where so required by this article or, when a death occurs in a hospital, except in those cases where certificates are issued by coroners or medical examiners, to the person in charge of such hospital or his or her designated representative, who shall obtain the medical certificate of death as prescribed in section four thousand one hundred forty-one-a of this title;