Bill Text: NY S01564 | 2019-2020 | 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) 2020-01-08 - REFERRED TO HIGHER EDUCATION [S01564 Detail]
Download: New_York-2019-S01564-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1564 2019-2020 Regular Sessions IN SENATE January 15, 2019 ___________ Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Higher 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. LBD07075-01-9S. 1564 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 twenty, 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; orS. 1564 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 twenty. 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.