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S09038 Text:

                STATE OF NEW YORK
                    IN SENATE
                                     April 11, 2024
        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed  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 and the public health law, in relation
          to amending physician assistant practice standards; and providing  for
          the repeal of certain provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 6542 of the education law, as amended by chapter 48
     2  of the laws of 2012, subdivisions 3 and 5 as amended  by  section  1  of
     3  part T of chapter 57 of the laws of 2013, is amended to read as follows:
     4    §  6542. Performance of medical services. 1. Notwithstanding any other
     5  provision of law, a physician assistant may  perform  medical  services,
     6  but  only  when  under the supervision of a physician and only when such
     7  acts and duties as are assigned to [him or her] such physician assistant
     8  are within the scope of practice of such supervising physician.
     9    2. Supervision shall be continuous  but  shall  not  be  construed  as
    10  necessarily requiring the physical presence of the supervising physician
    11  at the time and place where such services are performed.
    12    3.  No physician shall employ or supervise more than [four] six physi-
    13  cian assistants in [his or her] such physician's private practice at one
    14  time.
    15    4. Nothing in this article shall prohibit a  hospital  from  employing
    16  physician assistants, provided that they work under the supervision of a
    17  physician  designated  by the hospital and not beyond the scope of prac-
    18  tice of such physician. The numerical limitation of subdivision three of
    19  this section shall not apply to services performed in a hospital.
    20    5. Notwithstanding any other provision of this article, nothing  shall
    21  prohibit a physician employed by or rendering services to the department
    22  of corrections and community supervision under contract from supervising
    23  no  more  than  [six]  eight  physician  assistants in [his or her] such
    24  physician's practice for the department  of  corrections  and  community
    25  supervision at one time.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 9038--A                          2
     1    6.  Notwithstanding  any  other  provision  of  law,  a  trainee in an
     2  approved program may perform medical services  when  such  services  are
     3  performed within the scope of such program.
     4    7. A physician assistant may prescribe and order a non-patient specif-
     5  ic  regimen  to a registered professional nurse, pursuant to regulations
     6  promulgated by the commissioner, and consistent with the  public  health
     7  law, for:
     8    (a) administering immunizations.
     9    (b) the emergency treatment of anaphylaxis.
    10    (c)  administering purified protein derived (PPD) tests or other tests
    11  to detect or screen for tuberculosis infections.
    12    (d) administering tests to determine the presence of the human immuno-
    13  deficiency virus.
    14    (e) administering tests to determine the presence of the  hepatitis  C
    15  virus.
    16    (f)  the  urgent  or emergency treatment of opioid related overdose or
    17  suspected opioid related overdose.
    18    (g) screening of persons at increased risk of syphilis, gonorrhea, and
    19  chlamydia.
    20    (h) administering electrocardiogram tests to detect signs and symptoms
    21  of acute coronary syndrome.
    22    (i) administering point-of-care blood glucose tests to evaluate  acute
    23  mental status changes in persons with suspected hypoglycemia.
    24    (j)  administering  tests  and  intravenous lines to persons that meet
    25  severe sepsis and septic shock criteria.
    26    (k) administering tests to determine pregnancy.
    27    (l) administering tests to determine the presence of COVID-19  or  its
    28  antibodies or influenza virus.
    29    8.  Nothing  in this article, or in article thirty-seven of the public
    30  health law, shall be construed  to  authorize  physician  assistants  to
    31  perform  those  specific  functions and duties specifically delegated by
    32  law to those persons licensed as allied health professionals  under  the
    33  public health law or this chapter.
    34    §  2.    Subdivision  1  of  section 3702 of the public health law, as
    35  amended by chapter 48 of the  laws  of  2012,  is  amended  to  read  as
    36  follows:
    37    1.  Inpatient  medical orders. A licensed physician assistant employed
    38  or extended privileges by a  hospital  may,  if  permissible  under  the
    39  bylaws,  rules  and  regulations  of the hospital, write medical orders,
    40  including those for controlled substances and durable medical equipment,
    41  for inpatients under the care of the physician responsible for  [his  or
    42  her]  the  supervision of such physician assistant.  Countersignature of
    43  such orders may be required if deemed necessary and appropriate  by  the
    44  supervising physician or the hospital, but in no event shall countersig-
    45  nature be required prior to execution.
    46    §  3.  Subdivision 5 of section 6810 of the education law, as added by
    47  chapter 881 of the laws of 1972, is amended to read as follows:
    48    5. Records of all prescriptions filled or refilled shall be maintained
    49  for a period of at least five years and upon request made available  for
    50  inspection  and  copying  by  a  representative  of the department. Such
    51  records  shall  indicate  date  of  filling  or  refilling,   [doctor's]
    52  prescriber's  name,  patient's name and address and the name or initials
    53  of  the  pharmacist  who  prepared,   compounded,   or   dispensed   the
    54  prescription.  Records  of prescriptions for controlled substances shall
    55  be maintained pursuant to requirements of article  thirty-three  of  the
    56  public health law.

        S. 9038--A                          3
     1    §  4.  This  act  shall  take  effect three months after it shall have
     2  become a law; provided, however, that paragraph (l) of subdivision 7  of
     3  section  6542 of the education law, as added by section one of this act,
     4  shall expire and be deemed repealed July 1, 2026.  Effective  immediate-
     5  ly,  the    state  education department and the department of health are
     6  authorized to promulgate, amend and/or repeal  any  rule  or  regulation
     7  necessary for the implementation of section one of this act on or before
     8  such effective date.
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