S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9802--A
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section  1. The education law is amended by adding a new article 131-D
 to read as follows:
                                ARTICLE 131-D
                            MEDICAL ASSISTANTS
 SECTION 6549-AA. DEFINITIONS.
         6549-BB. REGISTRATION.
         6549-CC. PERFORMANCE OF MEDICAL ASSISTANT SERVICES.
         6549-DD. CONSTRUCTION.
         6549-EE. REGULATIONS.
   § 6549-AA. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "MEDICAL ASSISTANT" MEANS A PERSON WHO IS  REGISTERED  PURSUANT  TO
 THIS ARTICLE AS A MEDICAL ASSISTANT.
   2.  "HEALTH CARE PRACTITIONER" MEANS A PHYSICIAN, PHYSICIAN ASSISTANT,
 NURSE PRACTITIONER, PODIATRIST, OR MIDWIFE LICENSED OR CERTIFIED  PURSU-
 ANT TO THIS TITLE.
   3.  "BASIC ADMINISTRATIVE AND CLERICAL TASKS" MEANS THOSE NON-CLINICAL
 SERVICES RELATED TO MEDICAL OFFICE OPERATIONS, INCLUDING BUT NOT LIMITED
 TO: UPDATING AND FILING PATIENT RECORDS AND INSURANCE FORMS; BILLING AND
 CODING; COMPLETING HOSPITAL ADMISSIONS FORMS;  AND  ASSIGNING  REFERRALS
 AND LABORATORY SERVICES.
   4.  "ADVANCED CLINICAL TASKS" MEANS PREPARING AND ADMINISTERING VACCI-
 NATIONS OR IMMUNIZATIONS.
   5. "APPROVED PROGRAM" MEANS A POST-SECONDARY MEDICAL ASSISTING  EDUCA-
 TION  PROGRAM  THAT  IS ACCREDITED BY THE COMMISSION ON ACCREDITATION OF
 ALLIED HEALTH EDUCATION PROGRAMS OR THE AMERICAN MEDICAL ASSOCIATION  OR
 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
 
 SUCCESSOR,  OR  ANOTHER CERTIFICATE PROGRAM FOR THE EDUCATION OF MEDICAL
 ASSISTANTS APPROVED BY THE DEPARTMENT.
   §  6549-BB.  REGISTRATION. 1. TO QUALIFY FOR REGISTRATION AS A MEDICAL
 ASSISTANT, EACH PERSON SHALL PAY A FEE OF ONE HUNDRED FIFTEEN DOLLARS TO
 THE DEPARTMENT AND SHALL ALSO SUBMIT SATISFACTORY EVIDENCE, VERIFIED  BY
 OATH OR AFFIRMATION, THAT SUCH PERSON:
   (A) AT THE TIME OF APPLICATION IS AT LEAST EIGHTEEN YEARS OF AGE;
   (B) IS OF GOOD MORAL CHARACTER; AND
   (C) HAS SUCCESSFULLY COMPLETED AN APPROVED PROGRAM.
   2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR REGISTRA-
 TION HEREUNDER AN APPLICATION FORM CALLING FOR SUCH INFORMATION  AS  THE
 DEPARTMENT  DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT WHO SATIS-
 FIES THE REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION  A  CERTIFICATE
 OF  REGISTRATION  AS  MEDICAL ASSISTANT FOR THE PERIOD EXPIRING DECEMBER
 THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR  TERMINATING  SUBSEQUENT  TO
 SUCH REGISTRATION.
   3. EVERY REGISTRANT SHALL APPLY TO THE DEPARTMENT FOR A CERTIFICATE OF
 REGISTRATION.  THE  DEPARTMENT  SHALL  MAIL  TO EVERY REGISTERED MEDICAL
 ASSISTANT AN APPLICATION FORM FOR REGISTRATION, ADDRESSED TO THE  REGIS-
 TRANT'S POST OFFICE ADDRESS ON FILE WITH THE DEPARTMENT. UPON RECEIPT OF
 SUCH  APPLICATION PROPERLY EXECUTED, TOGETHER WITH EVIDENCE OF SATISFAC-
 TORY COMPLETION OF SUCH CONTINUING  EDUCATION  REQUIREMENTS  AS  MAY  BE
 ESTABLISHED BY THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF
 HEALTH,  THE  DEPARTMENT  SHALL  ISSUE  A  CERTIFICATE  OF REGISTRATION.
 REGISTRATION PERIODS SHALL BE TRIENNIAL AND THE REGISTRATION  FEE  SHALL
 BE FORTY-FIVE DOLLARS.
   §  6549-CC. PERFORMANCE OF MEDICAL ASSISTANT SERVICES. 1. (A) NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, A  MEDICAL  ASSISTANT  MAY  PERFORM
 BASIC ADMINISTRATIVE AND CLERICAL TASKS.
   (B)  IN  ADDITION  TO  THOSE  TASKS DESCRIBED IN PARAGRAPH (A) OF THIS
 SUBDIVISION AND IN ADDITION TO REGULATIONS PROMULGATED  BY  THE  DEPART-
 MENT,  A MEDICAL ASSISTANT MAY PERFORM ADVANCED CLINICAL TASKS, BUT ONLY
 WHEN ASSIGNED BY A HEALTH CARE PRACTITIONER AND SUBJECT TO  SUCH  HEALTH
 CARE  PRACTITIONER'S  SUPERVISION.  SUCH SUPERVISION SHALL BE CONTINUOUS
 BUT SHALL NOT BE CONSTRUED AS NECESSARILY REQUIRING THE  PHYSICAL  PRES-
 ENCE  OF  THE SUPERVISING HEALTH CARE PRACTITIONER AT THE TIME AND PLACE
 WHERE SUCH SERVICES ARE PERFORMED.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  A  MEDICAL  ASSISTANT
 TRAINEE  IN  AN APPROVED PROGRAM MAY PERFORM MEDICAL ASSISTANT SERVICES,
 PROVIDED THAT ANY ADVANCED CLINICAL TASKS  MUST  BE  SUBJECT  TO  DIRECT
 SUPERVISION  BY  A  SUPERVISING  HEALTH  CARE  PRACTITIONER,  WHEN  SUCH
 SERVICES ARE PERFORMED WITHIN THE SCOPE OF SUCH SUPERVISING HEALTH  CARE
 PRACTITIONER.
   § 6549-DD. CONSTRUCTION. ONLY A PERSON REGISTERED AS A MEDICAL ASSIST-
 ANT  BY  THE DEPARTMENT MAY USE THE TITLE "REGISTERED MEDICAL ASSISTANT"
 OR THE LETTERS "M.A.-R" AFTER THE INDIVIDUAL'S NAME.
   § 6549-EE. REGULATIONS. THE COMMISSIONER,  IN  CONSULTATION  WITH  THE
 COMMISSIONER OF HEALTH, SHALL PROMULGATE REGULATIONS REGARDING EDUCATION
 AND  CONTINUING  EDUCATION REQUIREMENTS FOR A MEDICAL ASSISTANT AND SUCH
 OTHER RULES AND REGULATIONS AS MAY BE NECESSARY OR APPROPRIATE TO  CARRY
 OUT THE PURPOSES OF THIS ARTICLE.
   §  2.  Section  6908  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. THIS ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING ADVANCED TASKS
 PROVIDED BY A REGISTERED  MEDICAL  ASSISTANT  PURSUANT  TO  ARTICLE  ONE
 HUNDRED THIRTY-ONE-D OF THIS TITLE.
 A. 9802--A                          3
 
   § 3. The amendments to the education law enacted by this act shall not
 be  construed  to expand or contract the scope of practice of any health
 care professional under title 8 of the education law, nor shall this act
 limit the ability of any unregistered or unlicensed  person  to  perform
 tasks not otherwise regulated by such title.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.