115.000 HEALTH CARE PROFESSIONALS/PROVIDERS

115.979           Scope of Practice for Hyperbaric Oxygen Therapy

MSSNY will seek through legislation and/or regulation a requirement that all staff performing hyperbaric therapy are appropriately trained and adhere to all applicable federal, state, and local safety regulations.

MSSNY will also seek through legislation and/or regulation that all chambers employed in the delivery of hyperbaric oxygen treatment be FDA certified and approved by the NFPA (National Fire Protection Association) or PVHO-1 (Guidelines for Pressure Vessels for Human Occupancy) of the (American Society of Mechanical Engineers) ASME. (HOD 2023-115)

(See also Acquired Immunodeficiency Syndrome [AIDS], 15.000)

115.980           Allow Anesthesiologist Assistants to be Licensed in New York State

The Medical Society of the State of New York will advocate for legislation and with the New York State Department of Education to license and regulate Certified Anesthesiologist Assistants working under the direct supervision of physician anesthesiologists in the State of New York (HOD 2020-112, referred to and adopted by Council 9/23/21)

115.981           Non-Physician Post-Graduate Medical Training

MSSNY recognizes that the terms “medical student,” “resident,” “residency,” “fellow,” “fellowship,” “doctor,” and “attending,” when used in the healthcare setting, all connote completing structured, rigorous, medical education undertaken by physicians; thus these terms should be reserved to describe physician roles.  MSSNY will work with relevant stakeholders to define appropriate labels for postgraduate clinical and diagnostic training programs for non-physicians that recognizes the rigor of these programs but prevents role confusion associated with the terms “resident,” “residency,” “fellow,” or “fellowship.”

MSSNY objects to the American Board of Medical Specialists (ABMS), the American Osteopathic Association Bureau of Osteopathic Specialists (AOABOS) and their member boards having designated seats for Nurse Practitioners, Physician Assistants, Certified Registered Nurse Anesthetists, Anesthesia Assistants, or any other healthcare professional that are independent from the public member seats.

MSSNY will work with relevant stakeholders to assure that funds to support the expansion of postgraduate clinical training for non-physicians does not divert funding from physician GME. This resolution will be immediately forwarded to the American Medical Association. (HOD 2021-AMA #1, referred to Council, adopted 4/15/21) 

115.982           Restricting the Nurse Practitioner Modernization Act

MSSNY will support expiration of the Nurse Practitioner Modernization Act statute and its sunset provision when it is scheduled to expire in 2021. The policy will revert back to its original form, prior to passage of the Nurse Practitioner Modernization Act in 2014, to restore patient safety and transparency. (Substitute adopted Council 6/4/20; HOD 2020-115)

115.983           Laser Hair Removal

The Medical Society of the State of New York will advocate that laser hair removal only be performed by an appropriately trained and educated individual under physician supervision; and will encourage provision of public education regarding the risks of laser use for aesthetic services.  (HOD 2019-58)

115.984           Expanded Clinical Roles for Medical Assistants in New York State

MSSNY will work with New York State approved medical assistant teaching programs to develop suitable rules defining clinical work guidelines that can be incorporated into current New York State regulations. (HOD 2017-105; Reaffirmed HOD 2018 in lieu of resolution 113; Reaffirmed HOD 2021-50)

115.985             Repeal Prohibition on Pathologist/Patient Interaction

The Medical Society of the State of New York supports the efforts of the NYS Pathology Association to seek a repeal of the New York State regulation which prohibits pathologists from speaking directly to patients about test results. (Adopted, Council June 2, 2016)

115.986            Laymen’s Medical Advice Policy

MSSNY will ask the AMA to support a public campaign which will promote patient recognition that when seeking medical advice, they are best served through partnership with their personal physician. (HOD 2016-212)

115.987:         Healthcare Provider Representation and Patient Protection

MSSNY endorses the enactment of legislation that would establish requirements for all licensed health care providers who deliver direct care in an Article 28 licensed hospital, ambulatory surgical center, diagnostic and treatment center, or private physician’s office that is accredited (OB), to wear identification badges that in addition to current State Education Department identification requirements, also contain large bold lettering indicating the practitioner’s licensure (i.e. PHYSICIAN, RN, NP, PA, etc.). (HOD 2013-113; Reaffirmed HOD 2023 in lieu of Resolution 60; Reaffirmed HOD 2024 in lieu of resolution 54; Reaffirmed HOD 2024)

115.988:          Physician Extender Payment *

MSSNY should lobby our state legislators and congressional delegation for an increase in physician payment commensurate with training, experience and responsibility, so that physicians who collaborate with or supervise physician extenders are paid for this role because of the increased expertise they must provide and responsibility they must accept. Also, the MSSNY delegation to the AMA should bring to the AMA a similar resolution for immediate and high priority legislative action.  (HOD 2013-111; Reaffirmed HOD 2023) * Title and Resolves amended to reflect the will of House to use the term ‘payment’ or ‘paid’ in lieu of terms ‘reimbursement’ or ‘reimbursed.

115.989        Physician Surrogates:

MSSNY to urge the American Medical Association to examine programs developed by government or managed care organizations where physician extenders practice independently and insist that there be Level 1 evidence to demonstrate that there is no diminution in the quality of patient care by programs that use non-physician providers.  (HOD 2011-114; Reaffirmed HOD 2021)

115.990           Simplifying the Credentialing of Teleradiologists:

MSSNY to work with the Healthcare Association of New York State (HANYS) to devise and implement a method to expedite the hospital credentialing of physicians providing teleradiology  services, including if necessary legislation or regulation, to reduce the unnecessary duplication of having to meet credentialing requirements for multiple hospitals.  (Council 11/19/2009; Reaffirmed HOD 2019)

115.991         Limiting the Scope of Practice of Specialists Assistants in Radiology:

That MSSNY support the efforts of the NYS Radiological Society and the American College of Radiology to obtain regulation which would preclude a Specialist Assistant in Radiology from rendering an official report of any image produced by any diagnostic imaging technique and that a similar resolution be forwarded to the American Medical Association at the 2006 Annual Meeting. (HOD 2006-87; Reaffirmed HOD 2016)

115.992         To Mandate Registered Professional Nurses in Schools:

MSSNY encourage the availability of nurses so that every public and private school has a registered professional nurse with the appropriate skills, education, and training, in every school in a ratio consistent with the National School Nurse Association recommendation, but not less than one registered nurse immediately accessible in person for an emergency. (HOD 2006-165; Reaffirmed HOD 2016)

115.993          Scopes of Practice of Physician Extenders:

MSSNY supports the formulation of more clear definitions of scopes of practice of physician extenders to include more direct physician responsibility in their supervision and limits of numbers of visits by physician extenders allowed between cooperating physician visits with their patients.

MSSNY will embark on a campaign to remind physicians of the importance and responsibility of maintaining regular contact with all of their patients particularly when physician extenders are involved.  (HOD 2002-66; Reaffirmed HOD 2013; Reaffirmed HOD 2023)

115.994           Certified Medical Assistants/Medical Assistants – Preservation of Physician Autonomy in Employment and Assignment of Duties: 

MSSNY updates policy 115.994 to read as follows: MSSNY will develop and promote regulation and/or legislation that allows Medical Assistants to administer immunizations, if their supervising physician has evaluated and approved their ability to do so, and it is in a directly supervised setting assuring standard of care. (HOD 1996-68; Reaffirmed HOD 2014; Reaffirmed HOD in lieu of 2017-105; Reaffirmed HOD 2018 in lieu of resolution 113; Reaffirmed HOD 2021-50; Amended HOD 2024 – 111)

115.995          Education Programs for Nurses: SUNSET HOD 2013

115.996           Shortages of Nursing and Other Health Care Personnel:

MSSNY is working with the Legislature to implement short and long range measures to address nursing and other health care personnel shortages such as:  (1)  Using New York State funds earmarked for hospital implementation of the revised minimum hospital code to provide labor rate relief for nursing and other health care personnel;  (2)  Providing hospital reimbursement sufficient to allow hospitals to provide adequate salaries for nursing and other health care personnel;  (3)  Encouraging development of salary and career ladders in nursing that relate experience and increased responsibility to salary;  (4)  Developing and increasing efforts to educate and retain professional health care workers;  (5)  Developing efforts to increase and retain personnel beginning with junior and senior high students, and that include scholarship programs and expansion of loan forgiveness programs.

MSSNY is identifying additional measures that it can support to address these problems surrounding health care personnel shortages.

MSSNY has strongly encouraged the New York State Department of Health to establish a Hepatitis B Vaccination program for high risk health care workers in New York State and is seeking support from the Hospital Association of New York State (HANYS) for a joint effort to achieve changes in State regulation and/or legislation to obtain State funding so that such vaccinations can be provided free of charge to any health care worker at high risk.  (HOD 1988-51; Reaffirmed HOD 2013; Reaffirmed HOD 2019 in lieu of res 103)

115.997             Hepatitis B Immunization: SUNSET HOD 2014

115.998             Nurse Practitioners – Independent Practitioners:

MSSNY opposes legislation which would permit nurse practitioners to practice without a written practice agreement and collaborative relationship with a physician.  (Council 4/22/82; Modified and reaffirmed HOD 2013; Reaffirmed HOD 2023)

115.999           Nursing and Medical Practice, Distinction Between:

MSSNY opposes legislation which would increase the scope of nursing practice so as to blur the distinction between nursing and medical practice.  (Council 3/23/78; Reaffirmed HOD 2013; Reaffirmed HOD 2023)