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Article 131-C, Specialist Assistants

Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

  1. 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 thirty-seven hundred eleven of the public health law.
  2. Physician. The term "physician" means a practitioner of medicine licensed to practice medicine pursuant to article one hundred thirty-one of this chapter.
  3. Approved program. The term "approved program" means a program for the education of specialist assistants which has been approved by the department.
  4. 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 specialist assistants in accordance with rules and regulations of the public health and health planning council.
  1. To qualify for registration as a 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; and
    4. has satisfactorily completed an approved program for the training of specialist assistants.
  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 specialist assistant in a particular medical specialty for the period expiring December thirty-first 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 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 eleven 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.

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 or her name.

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

  1. 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 or her are related to the designated medical speciality for which he or she is registered and are within the scope of practice of his or her 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 two specialist assistants in his or her private practice.
  4. Nothing in this article shall prohibit a hospital from employing 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 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 correctional services under contract from supervising no more than four specialist 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-A of the public health law, shall be construed to authorize 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 this chapter.