Bill Text: NY S01047 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Provides for the registration and regulation of the practice of medical assistants.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-20 - COMMITTEE DISCHARGED AND COMMITTED TO HIGHER EDUCATION [S01047 Detail]

Download: New_York-2017-S01047-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          1047
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 6, 2017
                                       ___________
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT to amend the education law,  in  relation  to  requiring  medical
          assistants  to  be  certified  by  and  registered  with the education
          department
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  education  law  is  amended  by adding a new article
     2  131-A-1 to read as follows:
     3                               ARTICLE 131-A-1
     4                             MEDICAL ASSISTANTS
     5  Section 6533. Definitions.
     6          6534. Scope of tasks.
     7          6535. Requirements for registration.
     8    § 6533. Definitions. As used in this section:
     9    1. "Medical assistant" means a person, who acts as a  medical  support
    10  professional,  who  is  not  otherwise licensed, registered or certified
    11  pursuant to this title or the public health  law,  and  who  performs  a
    12  variety  of tasks under the direct supervision of onsite licensed health
    13  care practitioners in administering preventive, curative, rehabilitative
    14  or promotional care services in a health care facility or medical  prac-
    15  tice.
    16    2.  "Licensed  health  care  practitioner"  means  any person licensed
    17  registered or certified pursuant to this title to  provide  health  care
    18  including,  but not limited to, physicians, physician assistants, certi-
    19  fied nurse practitioners, registered professional  nurses  and  licensed
    20  practical nurses.
    21    3. "Practice as a medical assistant" means to assist a licensed health
    22  care  practitioner in providing services directly related to health care
    23  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
     1    4. "Direct supervision" means a licensed health care practitioner, who
     2  is on the premises and readily available, delegating to and  supervising
     3  a  medical  assistant  in  an  outpatient  setting in the performance of
     4  health care including, but not limited to, measuring vital signs, apply-
     5  ing  or  changing wound dressings, performing electrocardiograms, taking
     6  laboratory specimens (including blood), and providing assistance to such
     7  practitioner, while under his or her direct supervision, in the perform-
     8  ance of a specific medical task.
     9    § 6534. Scope of tasks. 1. On and after January  first,  two  thousand
    10  eighteen, no person may practice as a medical assistant unless he or she
    11  is registered pursuant to the provision of this article.
    12    2. Medical assistants are authorized to perform the following clinical
    13  practices,  while under the direct supervision of a licensed health care
    14  practitioner:
    15    a. measuring vital signs;
    16    b. preparing patients for medical examinations;
    17    c. applying and changing wound dressings;
    18    d. performing electrocardiograms;
    19    e. taking laboratory specimens (including blood);
    20    f. assisting a licensed health care  practitioner,  while  under  such
    21  practitioner's direct supervision, to perform a specific medical task;
    22    g.  assembling  and maintaining health care charts, entering data into
    23  electronic health care records and assisting with billing; and
    24    h. taking medical histories.
    25    3. Persons performing only non-clinical duties, such as assembling and
    26  maintaining health care charts, entering  data  into  electronic  health
    27  care  records and/or assisting with billing; and persons having special-
    28  ized training performing only phlebotomy or electrocardiograms,  and  no
    29  other  health care practices, shall not be deemed to be engaged in prac-
    30  tice as a medical assistant and shall not be required to  be  registered
    31  pursuant to this article.
    32    4.  No  provisions  of  this  article  shall be deemed to prohibit any
    33  licensed health care practitioner from performing any  task  within  the
    34  scope of his or her practice.
    35    § 6535. Requirements  for  registration. To qualify for a registration
    36  as a  medical  assistant,  an  applicant  shall  fulfill  the  following
    37  requirements:
    38    1. Application: file an application with the department;
    39    2. Education: must have a high school diploma or its equivalent;
    40    3. Age: be at least eighteen years of age;
    41    4. Training: must have successfully completed one of the following:
    42    a.  a  post  secondary  or  undergraduate  medical  assistant training
    43  program accredited by a regional or national organization recognized  by
    44  the  Commission  on Accreditation of Allied Health Education Programs or
    45  the Accrediting Bureau of Health Education Schools,  or  offered  by  an
    46  educational  institution  accredited by the federal Department of Educa-
    47  tion, or otherwise approved by the department;
    48    b. a medical assistant training program approved by the department  or
    49  the  department  of labor, including any agency or office of either such
    50  department;
    51    c. twelve consecutive months, and not less than  seven  hundred  hours
    52  during  such  twelve month period, of experiential training as a medical
    53  assistant under the direct supervision of a licensed health care practi-
    54  tioner, as affirmed and attested to in writing by such practitioner; or
        S. 1047                             3
     1    d. any medical assistant training program provided by the armed forces
     2  of the United States for which the applicant possesses a certificate  of
     3  completion;
     4    5. Certification: must have obtained and maintain a medical assistance
     5  credential  from  a  national  certifying  body with a medical assistant
     6  program accredited by the National Commission for Certifying  Agency  or
     7  any  other  nationally  recognized and approved accreditor of certifying
     8  programs acceptable to the department;
     9    6. Registration: a. Any person who practices as a medical assistant on
    10  or after the effective date of  this  article,  shall  comply  with  the
    11  provisions  of  subdivision  five  of this section and register with the
    12  department on or before January first, two thousand eighteen.
    13    b. Notwithstanding the provisions of paragraph a of this  subdivision,
    14  any  person  who  has  practiced as a medical assistant for five or more
    15  years before the effective date of this article, shall  be  exempt  from
    16  the certification requirement of subdivision five of this section; and
    17    7.  Fees:  pay  a  fee in such an amount as shall be determined by the
    18  department.
    19    § 2. This act shall take effect immediately.