NY State Senate Bill 2023-S9576

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 16, 2024	referred to higher education

2023-S9576 (ACTIVE) - Details

See Assembly Version of this Bill:: A9802
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 131-D §§6549-aa - 6549-ee, amd §6908, Ed L

2023-S9576 (ACTIVE) - Summary

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

2023-S9576 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9576

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the education law, in relation to establishing regis-
tered medical assistants

 
PURPOSE OR GENERAL IDEA OF BILL:

To establish the process to regulate, register, and certify certain
individuals who have completed an approved and accredited course, as
"medical assistants," who would be permitted to engage in medical
related tasks performed in health practitioner offices and clinics.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Establishes a new article 131-D of the Education Law to
provide for the registration and certification of "medical assistants,"
by the State Education Department in consultation with the Department of
Health.

Section 2: Amends the Education Law to clarify that the work of a
medical assistant shall not be considered to violate the Nurse Practice
Act.

Section 3: States that the amendments to the education law enacted by
this act shall not be construed to expand or contract the scope of prac-
tice of any health care professional under title 8 of the education law.

Section 4: Sets the effective date.

 
JUSTIFICATION:

It is uniformly accepted that New York State is facing a healthcare
workforce shortage. One way to help alleviate the pressure that the
healthcare provider system currently faces is to clarify that certain
individuals have already, or may in the future, complete an educational
training program that would allow these individuals to perform certain
routine tasks in a community setting (e.g.: medical practices and clin-
ics), thereby creating capacity for the other healthcare professionals
in those settings (e.g.: physicians, nurse practitioners, physician
assistants, and nurses).

Medical assistants (MAs) are trained to work alongside healthcare
professionals and administrative staff in outpatient or ambulatory care
facilities. They are highly utilized by federally qualified health
centers (FQHCs), hospitals, and private primary care practices.  MAs are
cross-trained to perform both administrative and clinical duties, and
many take national certifying exams, such as the CMA (certified by the
American Association of Medical Assistants) or CCMA (certification
through the National Healthcare Association).

State Education Department guidance on this topic currently states that
unlicensed persons, including MAs, may perform limited tasks after
appropriate training and under the supervision of a physician.  In at
least 48 other states, certified MAs are recognized and permitted to
perform more relevant tasks, such as providing injections and adminis-
tering vaccines under the supervision of other health care profes-
sionals, such as physicians, nurse practitioners, or physician assist-
ants. The lack of recognition of MAs in NYS is not only a barrier to
quality coordinated care, but has been a barrier to achieving success
under the State's COVID-19 vaccination program.

MA training programs are relatively short in length as compared to LPN
or RN programs and have fewer barriers to entry for individuals inter-
ested in applying. This results in a trained and certified workforce
that can be employed in the field in under a year. Expansion and recog-
nition of MA workforce has the potential to both ameliorate health work-
force shortages and advance health equity, since MAs hired by clinics
are often community members, living alongside the patients they serve.
Certification as an MA can also be the first rung on a career ladder,
creating opportunities for advancement in the medical field to an LPN or
RN.

This legislation would codify SED guidance allowing for Registered MAs
to provide basic administrative tasks as well as prepare and administer
vaccinations and immunizations. The legislation would not, however,
prevent other non-certified or non-licensed individuals from providing
services that involve unregulated tasks historically recognized by SED.
Additionally, this legislation would not expand nor contract the scope
of practice of any title 8 healthcare professional.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
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.

2023-S9576 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9576
 
                             I N  S E N A T E
 
                               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:

   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
 SUCCESSOR, OR ANOTHER CERTIFICATE PROGRAM FOR THE EDUCATION  OF  MEDICAL
 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
 
   §  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.
   § 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
 S. 9576                             3
 
 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.

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Senate Bill S9576

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

2023-S9576 (ACTIVE) - Details

2023-S9576 (ACTIVE) - Summary

2023-S9576 (ACTIVE) - Sponsor Memo

2023-S9576 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9576

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Higher Education Committee

2023-S9576 (ACTIVE) - Details

2023-S9576 (ACTIVE) - Summary

2023-S9576 (ACTIVE) - Sponsor Memo

2023-S9576 (ACTIVE) - Bill Text download pdf

Comments