BILL NUMBER: S5720
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the education law, in relation to establishing regis-
tered medical assistants
 
PURPOSE:
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-relat-
ed tasks performed in health practitioner offices and clinics.
 
SUMMARY OF 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 Effective Date.
 
JUSTIFICATION:
It is universally accepted that New York State is facing a healthcare
workforce shortage. One way to help alleviate the pressure on the
healthcare provider system is to clarify that certain individuals have
already completed or may complete an educational training program that
would allow them to perform certain routine tasks in a community setting
(e.g., medical practices and clinics). This would create 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 administrative and clinical duties, and many
take national certifying exams, such as the CMA (certified by the Ameri-
can Association of Medical Assistants) or CCMA (certified through the
National Healthcare Association).
State Education Department guidance on this topic 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 rele-
vant tasks, such as providing injections and administering vaccines,
under the supervision of other healthcare professionals, such as physi-
cians, nurse practitioners, or physician assistants. The lack of recog-
nition of MAs in NYS is not only a barrier to quality coordinated care.
Still, it has also been a barrier to success under the state's COVID-19
vaccination program. MA training programs are relatively short compared
to LPN or RN programs and have fewer barriers to entry for individuals
interested in applying. This results in a trained and certified work-
force that can be employed in the field in under a year. Expansion and
recognition of the MA workforce have the potential to both ameliorate
health workforce 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 Registered MAs to
perform basic administrative tasks and prepare and administer vaccina-
tions and immunizations. However, it would not prevent other non-certi-
fied or non-licensed individuals from providing services involving
unregulated tasks historically recognized by SED. Additionally, it
would not expand or contract the scope of practice of any Title 8
healthcare professional.
 
LEGISLATIVE HISTORY:
Senate
2023: N/A
2024: S9576, Referred to Higher Education
Assembly
2023: N/A
2024: A9802A, Amend and Recommit to Higher Education
 
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.

Statutes affected:
S5720: 6908 education law