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Your Questions Answered


Question:

How many PAs can I supervise in my private practice in NY?

Answer:

Jennifer Kirschenbaum, Esq., Managing Partner at Kirschenbaum & Kirschenbaum, P.C., healthcare department.

 

The NYS Department of Education says you can supervise 4 PAs.  Supervision does not require you to be onsite at all times, but available.  Medicare has its own rules regarding reimbursement for supervised services and enhanced rates for supervised services you must be mindful of as well.  For the NYS references, including language around "temp" PA substitution for your "4" designees, check out the state websites at – 

7.     How many Physician Assistants can a Physician supervise at one time? 
Under 
Education Law §6542(3), a physician cannot employ or supervise more than four Physician Assistants in his or her private practice. However, while a Physician may not employ or supervise more than four Physician Assistants in a private practice setting, we understand that there are times when one or more of these permanent staff Physician Assistants may be absent from work for an extended period due to illness or other reasons. In those cases, the supervising Physician may hire or otherwise retain one or more Physician Assistants to temporarily fill the gap during that specific period of time.

http://www.op.nysed.gov/prof/med/medfaq.htm


§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 or her are within the scope of practice of such supervising physician.

2.     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.

3.     No physician shall employ or supervise more than four physician assistants in his or her private practice.

4.     Nothing in this article shall prohibit a hospital from employing physician 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 three of this section shall not apply to services performed in a hospital.

5.     Notwithstanding any other provision of this article, nothing shall prohibit a physician employed by or rendering services to the department of corrections and community supervision under contract from supervising no more than six physician assistants in his or her practice for the department of corrections and community supervision.

6.     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.

7.     Nothing in this article, or in article thirty-seven of the public health law, shall be construed to authorize physician 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 this chapter.

http://www.op.nysed.gov/prof/med/article131-b.htm

 

Question:

May I use an "aide" or "assistant" to provide podiatric services?

Answer:

Tatyana Kantor, CPB, Education Specialist at WCH Service Bureau

 

The NY Office of the Professions says that there is no title or profession of "podiatric assistant" to serve as an adjunct to the licensed podiatrist. Referring to an unlicensed person by the title "podiatric assistant" may create an assumption that the assistant is qualified to practice podiatry. Education Law was amended in 2001 to allow an unlicensed person to "provide supportive services to a podiatrist incidental to and concurrent with such podiatrist personally performing a service or procedure."

http://www.op.nysed.gov/prof/pod/podfaq.htm

Question:

What tasks can an unlicensed person perform when providing supportive services to a podiatrist?

Answer:

Tatyana Kantor, CPB, Education Specialist at WCH Service Bureau

 

The NYS Office of the Professions says an unlicensed person may be asked to assist a patient on or off the table or remove or apply bandages at the direction of the licensed podiatrist. An unlicensed person cannot "provide any service which constitutes the practice of podiatry" as defined in Education Law. For instance, a podiatrist cannot delegate surgical procedures or ultrasound treatment to an unlicensed person. Under Section 6509(7) of Education Law and Section 29.1 of the Rules of the Board of Regents, such actions could expose a licensed podiatrist to charges of professional misconduct. The licensed podiatrist should remain in the office where the services are being performed and evaluate the services performed by the unlicensed person before the dismissal of the patient.

Podiatric Radiography Assistants - the task of taking x-rays of the foot can be delegated to an unlicensed person who has completed a course of study approved by the Education Department and who is under the direct supervision of a licensed podiatrist.

http://www.op.nysed.gov/prof/pod/podfaq.htm

Insights
October 2019