Bill Text: NY A09802 | 2023-2024 | General Assembly | Amended

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Bill Title: Establishes registered medical assistants; outlines what such persons can do with such title.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-31 - print number 9802a [A09802 Detail]

Download: New_York-2023-A09802-Amended.html

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                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.