BILL NUMBER: S352
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to the use of fluo-
roscopy by physician assistants
 
PURPOSE:
Allows physician assistants that have undergone training to use fluoros-
copy for diagnostic and therapeutic procedures.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 3501 of the Public Health Law by adding a new
subdivision 20, as it relates to the use of fluoroscopy by physician
assistants (PAs), to define fluoroscopy as an X-ray based technique that
allows continuous real-time imaging of an instrument, dye, or body part
during a diagnostic or treatment procedure so that location and movement
of such instrument, dye, or body part can be detected and evaluated.
Section 2 amends Section 3502 of the Public Health Law by adding a new
paragraph (e) to subdivision 2, as it relates to the use of fluoroscopy
by PAs, to allows a licensed PA to use fluoroscopy for guidance of diag-
nostic and therapeutic procedures so long as the PA has successfully
completed an educational program consisting of at least forty hours of
didactic training and forty hours of clinical training with successful
completion of a competency exam, as approved by the department.
Section 3 gives the effective date.
 
JUSTIFICATION:
Fluoroscopy is an X-ray based technique that allows continuous real-time
imaging of an instrument, dye, or body part so that its location or
movement can be observed during an internal diagnostic or treatment
procedure. It can be used to evaluate specific areas of the body includ-
ing the bones, muscles, joints, and solid organs such as the heart,
lungs, or kidneys. During the procedure, a PA works under the super-
vision of a physician and must be trained in the specialty of the super-
vising physician.
Fluoroscopy provides real time images that improve the accuracy of
interventions and reduce the amount of tissue injury. In orthopedics,
fluoroscopy is used to ensure proper alignment during fracture repair,
reducing the time and amount of sedation that patients need. In cardiac
surgery, fluoroscopic information assists surgeons placing stents and
wires on the heart. PAs working in interventional radiology can use
fluoroscopy for many routine procedures, such as infertility studies,
lumbar punctures, and placing a peripherally inserted central catheter
(PICC or PIC line). PAs working in emergency medicine can use fluorosco-
py to assist in the removal of foreign bodies.
In nearly half of the states, PAs are allowed by law to perform fluoros-
copy exams, whereas the current laws in New York require a PA to also be
a licensed radiologic technologist in order to perform these exams.
Since PAs currently cannot legally perform fluoroscopy, their ability to
treat patients effectively is limited, which leads to delays in health-
care and decreases patient access. Recognizing the need for PAs to use
fluoroscopy, the American Society of Radiologic Technologists and the
American Academy of Physician Assistants have jointly developed a didac-
tic and clinical education course and a competency assessment to ensure
that PAs who perform fluoroscopy are properly prepared. This bill would
not expand the scope or terms of practice of physician assistants under
the Education Law, but will enable them to work more effectively.
 
LEGISLATIVE HISTORY:
2015-16: Similar to S5186 Hannon/No same as
2017-18: S8165 Hannon/A4716 Gottfried
2019-20: S1812/A2982 Gottfried
2021-22: S1591/A1837 Gottfried
2023-24:
S2126/No same as
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it is signed into law.

Statutes affected:
S352: 3501 public health law