Bill Text: NY S09576 | 2023-2024 | General Assembly | Introduced

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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) 2024-05-16 - REFERRED TO HIGHER EDUCATION [S09576 Detail]

Download: New_York-2023-S09576-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9576

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- 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  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
    27  successor, or another certificate program for the education  of  medical
    28  assistants approved by the department.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15658-01-4
        S. 9576                             2

     1    §  6549-bb.  Registration. 1. To qualify for registration as a medical
     2  assistant, each person shall pay a fee of one hundred fifteen dollars to
     3  the department and shall also submit satisfactory evidence, verified  by
     4  oath or affirmation, that such person:
     5    (a) at the time of application is at least eighteen years of age;
     6    (b) is of good moral character; and
     7    (c) has successfully completed an approved program.
     8    2.  The department shall furnish to each person applying for registra-
     9  tion hereunder an application form calling for such information  as  the
    10  department  deems necessary and shall issue to each applicant who satis-
    11  fies the requirements of subdivision one of this section  a  certificate
    12  of  registration  as  medical assistant for the period expiring December
    13  thirty-first of the first odd-numbered year  terminating  subsequent  to
    14  such registration.
    15    3. Every registrant shall apply to the department for a certificate of
    16  registration.  The  department  shall  mail  to every registered medical
    17  assistant an application form for registration, addressed to the  regis-
    18  trant's post office address on file with the department. Upon receipt of
    19  such  application properly executed, together with evidence of satisfac-
    20  tory completion of such continuing  education  requirements  as  may  be
    21  established by the commissioner in consultation with the commissioner of
    22  health,  the  department  shall  issue  a  certificate  of registration.
    23  Registration periods shall be triennial and the registration  fee  shall
    24  be forty-five dollars.
    25    §  6549-cc. Performance of medical assistant services. 1. (a) Notwith-
    26  standing any other provision of law, a  medical  assistant  may  perform
    27  basic administrative and clerical tasks.
    28    (b)  In  addition  to  those  tasks described in paragraph (a) of this
    29  subdivision and in addition to regulations promulgated  by  the  depart-
    30  ment,  a medical assistant may perform advanced clinical tasks, but only
    31  when assigned by a health care practitioner and subject to  such  health
    32  care  practitioner's  supervision.  Such supervision shall be continuous
    33  but shall not be construed as necessarily requiring the  physical  pres-
    34  ence  of  the supervising health care practitioner at the time and place
    35  where such services are performed.
    36    2. Notwithstanding any other provision of  law,  a  medical  assistant
    37  trainee  in  an approved program may perform medical assistant services,
    38  provided that any advanced clinical tasks  must  be  subject  to  direct
    39  supervision  by  a  supervising  health  care  practitioner,  when  such
    40  services are performed within the scope of such supervising health  care
    41  practitioner.
    42    § 6549-dd. Construction. Only a person registered as a medical assist-
    43  ant  by  the department may use the title "registered medical assistant"
    44  or the letters "M.A.-R" after the individual's name.
    45    § 6549-ee. Regulations. The commissioner,  in  consultation  with  the
    46  commissioner of health, shall promulgate regulations regarding education
    47  and  continuing  education requirements for a medical assistant and such
    48  other rules and regulations as may be necessary or appropriate to  carry
    49  out the purposes of this article.
    50    §  2.  Section  6908  of  the education law is amended by adding a new
    51  subdivision 2-a to read as follows:
    52    2-a. This article shall not be construed as prohibiting advanced tasks
    53  provided by a registered  medical  assistant  pursuant  to  article  one
    54  hundred thirty-one-D of this title.
    55    § 3. The amendments to the education law enacted by this act shall not
    56  be  construed  to expand or contract the scope of practice of any health
        S. 9576                             3

     1  care professional under title 8 of the education law, nor shall this act
     2  limit the ability of any unregistered or unlicensed  person  to  perform
     3  tasks not otherwise regulated by such title.
     4    §  4.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law. Effective immediately, the addition, amendment and/or
     6  repeal of any rule or regulation necessary  for  the  implementation  of
     7  this  act  on its effective date are authorized to be made and completed
     8  on or before such effective date.