STATE OF NEW YORK
________________________________________________________________________
9802--A
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to establishing regis-
tered medical assistants
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 131-D
2 to read as follows:
3 ARTICLE 131-D
4 MEDICAL ASSISTANTS
5 Section 6549-aa. Definitions.
6 6549-bb. Registration.
7 6549-cc. Performance of medical assistant services.
8 6549-dd. Construction.
9 6549-ee. Regulations.
10 § 6549-aa. Definitions. As used in this article:
11 1. "Medical assistant" means a person who is registered pursuant to
12 this article as a medical assistant.
13 2. "Health care practitioner" means a physician, physician assistant,
14 nurse practitioner, podiatrist, or midwife licensed or certified pursu-
15 ant to this title.
16 3. "Basic administrative and clerical tasks" means those non-clinical
17 services related to medical office operations, including but not limited
18 to: updating and filing patient records and insurance forms; billing and
19 coding; completing hospital admissions forms; and assigning referrals
20 and laboratory services.
21 4. "Advanced clinical tasks" means preparing and administering vacci-
22 nations or immunizations.
23 5. "Approved program" means a post-secondary medical assisting educa-
24 tion program that is accredited by the Commission on Accreditation of
25 Allied Health Education Programs or the American Medical Association or
26 its successor, the Accrediting Bureau of Health Education Schools or its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14963-02-4
A. 9802--A 2
1 successor, or another certificate program for the education of medical
2 assistants approved by the department.
3 § 6549-bb. Registration. 1. To qualify for registration as a medical
4 assistant, each person shall pay a fee of one hundred fifteen dollars to
5 the department and shall also submit satisfactory evidence, verified by
6 oath or affirmation, that such person:
7 (a) at the time of application is at least eighteen years of age;
8 (b) is of good moral character; and
9 (c) has successfully completed an approved program.
10 2. The department shall furnish to each person applying for registra-
11 tion hereunder an application form calling for such information as the
12 department deems necessary and shall issue to each applicant who satis-
13 fies the requirements of subdivision one of this section a certificate
14 of registration as medical assistant for the period expiring December
15 thirty-first of the first odd-numbered year terminating subsequent to
16 such registration.
17 3. Every registrant shall apply to the department for a certificate of
18 registration. The department shall mail to every registered medical
19 assistant an application form for registration, addressed to the regis-
20 trant's post office address on file with the department. Upon receipt of
21 such application properly executed, together with evidence of satisfac-
22 tory completion of such continuing education requirements as may be
23 established by the commissioner in consultation with the commissioner of
24 health, the department shall issue a certificate of registration.
25 Registration periods shall be triennial and the registration fee shall
26 be forty-five dollars.
27 § 6549-cc. Performance of medical assistant services. 1. (a) Notwith-
28 standing any other provision of law, a medical assistant may perform
29 basic administrative and clerical tasks.
30 (b) In addition to those tasks described in paragraph (a) of this
31 subdivision and in addition to regulations promulgated by the depart-
32 ment, a medical assistant may perform advanced clinical tasks, but only
33 when assigned by a health care practitioner and subject to such health
34 care practitioner's supervision. Such supervision shall be continuous
35 but shall not be construed as necessarily requiring the physical pres-
36 ence of the supervising health care practitioner at the time and place
37 where such services are performed.
38 2. Notwithstanding any other provision of law, a medical assistant
39 trainee in an approved program may perform medical assistant services,
40 provided that any advanced clinical tasks must be subject to direct
41 supervision by a supervising health care practitioner, when such
42 services are performed within the scope of such supervising health care
43 practitioner.
44 § 6549-dd. Construction. Only a person registered as a medical assist-
45 ant by the department may use the title "registered medical assistant"
46 or the letters "M.A.-R" after the individual's name.
47 § 6549-ee. Regulations. The commissioner, in consultation with the
48 commissioner of health, shall promulgate regulations regarding education
49 and continuing education requirements for a medical assistant and such
50 other rules and regulations as may be necessary or appropriate to carry
51 out the purposes of this article.
52 § 2. Section 6908 of the education law is amended by adding a new
53 subdivision 2-a to read as follows:
54 2-a. This article shall not be construed as prohibiting advanced tasks
55 provided by a registered medical assistant pursuant to article one
56 hundred thirty-one-D of this title.
A. 9802--A 3
1 § 3. The amendments to the education law enacted by this act shall not
2 be construed to expand or contract the scope of practice of any health
3 care professional under title 8 of the education law, nor shall this act
4 limit the ability of any unregistered or unlicensed person to perform
5 tasks not otherwise regulated by such title.
6 § 4. This act shall take effect on the ninetieth day after it shall
7 have become a law. Effective immediately, the addition, amendment and/or
8 repeal of any rule or regulation necessary for the implementation of
9 this act on its effective date are authorized to be made and completed
10 on or before such effective date.
