Governor Hochul in New York released her proposed Executive Budget in mid-January, 2024 and her Health bill contains a significant new proposal involving the scope of practice of physician assistants in New York. In particular, the proposal establishes conditions under which a physician assistant can practice without the supervision of a physician. The proposed conditions are as follows:
(1) The physician assistant practices for more than 8,000 hours, and:
a. Is practicing in primary care (non-surgical care); or
b. Is employed by a health system or hospital established under Article 28 of the New York Public Health Law, and the health system or hospital determines that the physician assistant meets the qualifications of the staff bylaws and the physician assistant obtains privileges, and:
(2) The physician assistant completes a program approved by the Department of Health.
This proposal would also eliminate the restrictions on a physician employing or supervising more than 4 physician assistants in his/her private practice.
Additionally, the proposal would permit a physician assistant to prescribe, dispense, order, administer, or procure items needed to commence or complete a course of therapy.
Furthermore, a physician assistant could prescribe and order a patient specific order or non-patient specific regimen to a pharmacist or registered professional nurse for purposes of administering immunizations.
This proposal is subject to further budget negotiations during the current legislative session.
Our firm has extensive experience counseling health care providers on statutory and regulatory requirements, as well as preparing and implementing applicable policies. If you have any questions related to this Legal Briefing, please contact any member of our firm at 585-730- 4773.
This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC
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