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S07981 Summary:

BILL NOS07981
 
SAME ASSAME AS A07988
 
SPONSORRIVERA
 
COSPNSR
 
MLTSPNSR
 
Amd §§6542 & 902, Ed L; amd §§3701 & 3703, Pub Health L
 
Relates to the performance of medical services by physician assistants; provides that a physician assistant may practice without the supervision of a physician when such physician assistant is employed by a health system or hospital and is credentialed and given privileges by such health system or hospital, or when such physician assistant is licensed, has practiced for more than six thousand hours, is practicing in primary care, and is performing certain functions.
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S07981 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7981
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
 
        AN ACT to amend the education law and the public health law, in relation
          to the performance of medical services by physician assistants
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivisions 1, 2, 3, 4 and 5 of section 6542 of the educa-
     2  tion law, as amended by chapter 520 of the laws of 2024, are amended and
     3  two new subdivisions 1-a and 9 are added to read as follows:
     4    1.  Notwithstanding  any other provision of law, a physician assistant
     5  may perform medical services, but only when under the supervision  of  a
     6  physician  and  only  when  such acts and duties as are assigned to such
     7  physician assistant are within the scope of practice of such supervising
     8  physician unless otherwise permitted by this section.
     9    1-a. A physician assistant may practice without the supervision  of  a
    10  physician under the following circumstances:
    11    (a)  Such physician assistant is employed by a health system or hospi-
    12  tal established under article twenty-eight of  the  public  health  law,
    13  such  physician  assistant meets the qualifications of the medical staff
    14  bylaws of and is credentialed by such health  system  or  hospital,  and
    15  such  health  system  or  hospital gives such physician assistant privi-
    16  leges; or
    17    (b)  Such  physician  assistant,  licensed  under  section  sixty-five
    18  hundred forty-one of this article:
    19    (i) has practiced for more than six thousand hours;
    20    (ii)  is  practicing  in  primary care, which for the purposes of this
    21  paragraph shall mean general pediatrics, general adult medicine, general
    22  geriatric medicine, general internal medicine, mental health services or
    23  psychiatry, obstetrics and gynecology, family medicine, emergency  medi-
    24  cine,  urgent  care,  or  such  other related areas as determined by the
    25  commissioner of health; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11539-01-5

        S. 7981                             2
 
     1    (iii) is performing any of the following functions:
     2    (1) taking patient histories;
     3    (2) performing physical examinations;
     4    (3)  triaging  patients  based on recognition of abnormal vital signs,
     5  examination findings, and/or general observations;
     6    (4)  ordering,  performing,  reviewing  and  interpreting  diagnostic,
     7  radiology, toxicology and laboratory tests and screenings;
     8    (5) formulating diagnoses;
     9    (6) administering clinical interventions with informed consent;
    10    (7) referring patients to other professionals;
    11    (8)  counseling  patients  and  family,  guardians  and  caregivers on
    12  preventable conditions  and  lifestyle  modifications,  promoting  early
    13  detection and prevention of medical conditions;
    14    (9)  identifying and reporting signs of abuse and neglect and/or traf-
    15  ficking;
    16    (10) following best practice immunization standards for every  patient
    17  population;
    18    (11)  managing  end of life and palliative care in accordance with the
    19  patient's preferences and autonomy, including advanced directives;
    20    (12) formulating and implementing treatment plans in  accordance  with
    21  applicable practice guidelines;
    22    (13) recognizing and treating life-threatening conditions;
    23    (14)  providing  virtual  care  via telehealth for patients, including
    24  conducting assessments and managing acute and chronic conditions remote-
    25  ly;
    26    (15) providing remote monitoring and follow-up care,  utilizing  tech-
    27  nology  to  track  patient  outcomes,  medication adherence, and ongoing
    28  management of health conditions;
    29    (16) prescribing,  administering  and  dispensing  pharmacological  or
    30  diagnostic  therapies,  including  controlled substances, and monitoring
    31  and follow-up of pharmacologic  regimens,  including  assessing  patient
    32  adherence to prescribed drug regimens and adjusting treatments as neces-
    33  sary to ensure optimal outcomes; or
    34    (17) such other functions as the commissioner of health may determine.
    35    2.  [Supervision]  Where  supervision  is required by this section, it
    36  shall be continuous but shall not be construed as necessarily  requiring
    37  the physical presence of the supervising physician at the time and place
    38  where such services are performed.
    39    3.  [No]  Where  supervision is required by this section, no physician
    40  shall employ or supervise more than six  physician  assistants  in  such
    41  physician's private practice at one time.
    42    4.  Nothing  in  this article shall prohibit a hospital from employing
    43  physician assistants, provided that they work under the supervision of a
    44  physician designated by the hospital and not beyond the scope  of  prac-
    45  tice  of  such  physician,  where  such  supervision is required by this
    46  section. The numerical limitation of subdivision three of  this  section
    47  shall not apply to services performed in a hospital.
    48    5.  Notwithstanding any other provision of this article, nothing shall
    49  prohibit a physician employed by or rendering services to the department
    50  of corrections and community supervision under contract from supervising
    51  no more than eight physician assistants in such physician's practice for
    52  the department of corrections and community  supervision  at  one  time,
    53  where such supervision is required by this section.
    54    9.  The  commissioner and the commissioner of health are authorized to
    55  promulgate and update regulations pursuant to this section.

        S. 7981                             3
 
     1    § 2. Subdivision 1 of section  3701  of  the  public  health  law,  as
     2  amended  by  chapter  48  of  the  laws  of  2012, is amended to read as
     3  follows:
     4    1.  to  promulgate  regulations  defining  and  restricting the duties
     5  [which may be assigned to] of physician assistants [by their supervising
     6  physician, the degree of supervision required and the  manner  in  which
     7  such duties may be performed] consistent with section sixty-five hundred
     8  forty-two of the education law;
     9    §  3.  Section 3703 of the public health law, as amended by chapter 48
    10  of the laws of 2012, is amended to read as follows:
    11    § 3703. Statutory construction. A physician assistant may perform  any
    12  function in conjunction with a medical service lawfully performed by the
    13  physician  assistant, in any health care setting, that a statute author-
    14  izes or directs a physician to perform and that is  appropriate  to  the
    15  education,  training  and experience of the licensed physician assistant
    16  and within the ordinary practice of the supervising physician, as appli-
    17  cable pursuant to section sixty-five hundred forty-two of the  education
    18  law.    This  section shall not be construed to increase or decrease the
    19  lawful scope of practice of a physician assistant  under  the  education
    20  law.
    21    § 4. Paragraph a of subdivision 2 of section 902 of the education law,
    22  as  amended  by  chapter  376 of the laws of 2015, is amended to read as
    23  follows:
    24    a. The board of education, and the trustee or  board  of  trustees  of
    25  each  school district, shall employ, at a compensation to be agreed upon
    26  by the parties, a qualified physician, a physician assistant, or a nurse
    27  practitioner to the extent authorized by  the  nurse  practice  act  and
    28  consistent  with  subdivision three of section six thousand nine hundred
    29  two of this chapter, to perform the duties of  the  director  of  school
    30  health  services, including any duties conferred on the school physician
    31  or school medical inspector under any provision of law, to  perform  and
    32  coordinate the provision of health services in the public schools and to
    33  provide  health  appraisals  of students attending the public schools in
    34  the city or district. The physicians,  physician  assistants,  or  nurse
    35  practitioners  so employed shall be duly licensed pursuant to applicable
    36  law.
    37    § 5. This act shall take effect on the one hundred twentieth day after
    38  it shall have become a law.
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