Education Law

Article 131-B, Physician Assistants and Specialist Assistants

§6540. Definitions. | §6541. Registration. | §6542. Performance of medical services. | §6545. Construction. | §6546. Regulations. | §6547. Emergency services rendered by physician assistant. | §6548. Limited permits.

§6540. Definitions.

As used in this article:

1. Physician assistant. The term "physician assistant" means a person who is registered as a physician assistant pursuant to this article.
2. Specialist assistant. The term "specialist assistant" means a person who is registered pursuant to this article as a specialist assistant for a particular medical specialty as defined by regulations promulgated by the commissioner of health pursuant to section thirtyseven hundred one of the public health law.
3. Physician. The term "physician" means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this chapter.
4. Approved program. The term "approved program" means a program for the education of physician assistants or specialist assistants which has been formerly approved by the department.
5. Hospital. The term "hospital" means an institution or facility possessing a valid operating certificate issued pursuant to article twenty-eight of the public health law and authorized to employ physician assistants and specialist assistants in accordance with rules and regulations of the state hospital review and planning council.

§6541. Registration.

1. To qualify for registration as a physician assistant or specialist assistant, each person shall pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination, a fee of forty-five dollars for each reexamination and a fee of seventy dollars for persons not requiring admission to a department conducted examination and shall also submit satisfactory evidence, verified by oath or affirmation, that he or she:
   1. at the time of application is at least twenty-one years of age;
   2. is of good moral character;
   3. has successfully completed a four-year course of study in a secondary school approved by the board of regents or has passed an equivalency test;
   4. has satisfactorily completed an approved program for the training of physician assistants or specialist assistants. The approved program for the training of physician assistants shall include not less than forty weeks of supervised clinical training and thirty-two credit hours of classroom work. The commissioner is empowered to determine whether an applicant possesses equivalent education and training, such as experience as a nurse or military corpsman, which may be accepted in lieu of all or part of an approved program; and
   5. in the case of an applicant for registration as a physician assistant, has obtained a passing score on an examination acceptable to the department.
2. The department shall furnish to each person applying for registration hereunder an application form calling for such information as the department deems necessary and shall issue to each applicant who satisfies the requirements of subdivision one of this section a certificate of registration as a physician assistant or specialist assistant in a particular medical specialty for the period expiring December thirtyfirst 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 physician assistant and specialist assistant an application form for registration, addressed to the registrant's post office address on file with the department. Upon receipt of such application properly executed, together with evidence of satisfactory completion of such continuing education requirements as may be established by the commissioner of health pursuant to section thirty-seven hundred one of the public health law, the department shall issue a certificate of registration. Registration periods shall be triennial and the registration fee shall be forty-five dollars.

§6542. Performance of medical services.

1. Notwithstanding any other provision of law, a physician assistant may perform medical services, but only when under the supervision of a physician and only when such acts and duties as are assigned to him are within the scope of practice of such supervising physician.
2. Notwithstanding any other provision of law, a specialist assistant may perform medical services, but only when under the supervision of a physician and only when such acts and duties as are assigned to him are related to the designated medical specialty for which he is registered and are within the scope of practice of his supervising physician.
3. Supervision shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed.
4. No physician shall employ or supervise more than two physician assistants and two specialist assistants in his private practice.
5. Nothing in this article shall prohibit a hospital from employing physician assistants or specialist assistants provided they work under the supervision of a physician designated by the hospital and not beyond the scope of practice of such physician. The numerical limitation of subdivision four of this section shall not apply to services performed in a hospital.
6. Notwithstanding any other provision of this article, nothing shall prohibit a physician employed by or rendering services to the department of correctional services under contract from supervising no more than four physician assistants or specialist assistants in his practice for the department of correctional services.
7. Notwithstanding any other provision of law, a trainee in an approved program may perform medical services when such services are performed within the scope of such program.
8. Nothing in this article, or in article thirty-seven of the public health law, shall be construed to authorize physician assistants or specialist assistants to perform those specific functions and duties specifically delegated by law to those persons licensed as allied health professionals under the public health law or the education law.

§6545. Construction.

1. Only a person registered as a physician assistant by the department may use the title "registered physician assistant" or the letters "R.P.A." after his name.
2. Only a person registered as a specialist assistant by the department may use the title "registered specialist assistant" or the letters "R.S.A." after his name.

§6546. Regulations.

The commissioner may promulgate such other regulations as are necessary to carry out the purposes of this article.

§6547. Emergency services rendered by physician assistant.

Notwithstanding any inconsistent provision of any general, special or local law, any physician assistant properly registered in this state who voluntarily and without the expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency, outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such first aid or emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such physician assistant. Nothing in this section shall be deemed or construed to relieve a licensed physician assistant from liability for damages for injuries or death caused by an act or omission on the part of a physician assistant while rendering professional services in the normal and ordinary course of his practice.

§6548. Limited permits.

Permits limited as to eligibility, practice and duration, shall be issued by the department to eligible applicants, as follows:

1. Eligibility. A person who fulfills all requirements for registration as a physician assistant except that relating to the examination shall be eligible for a limited permit.
2. Limit of practice. A permittee shall be authorized to practice as a physician assistant only under the direct supervision of a physician.
3. Duration. A limited permit shall expire one year from the date of issuance or upon notice to the permittee by the department that the application for registration has been denied. A limited permit shall be extended upon application for one additional year, provided that the permittee's request for such extension is endorsed by a physician who either has supervised or will supervise the permittee, except that such extension may be denied by the department for cause which shall be stated in writing. If the permittee is awaiting the results of a licensing examination at the time such limited permit expires, such permit shall continue to be valid until ten days after notification to the permittee of the result of such examination.
4. Fees. The fee for each limited permit shall be one hundred five dollars.