Governor Pataki just signed into Chapter 618 of the Laws of 2006 bill A10891A/S7718A authorizing physician assistants and nurse practitioners to supervise the withdrawing of blood by designated health care personnel for the purpose of conducting a blood alcohol test in a hospital emergency room upon the request of a police officer.

While this may seem insignificant, it is not, as there were two cases within the past few years where apparently intoxicated drivers involved in a fatal motor vehicle crash were not prosecuted due to the fact that a physician assistant was supervising the blood drawing when the law stated that the supervision must be by a physician.

This new law will go a long way to help address the problem of drinking and driving, and will play a part in making our roads safer. However, this is also another example of how physician assistants are excluded when older laws that only state "physician" are interpreted. While we know that our supervising physicians can delegate functions to us, unless the law addressing those functions specifically includes us, someone interpreting the law may exclude us.

We are trying to change laws to reflect what we currently do and what we are trained to do. For example, the current Mental Health Law says that only physicians can order behavioral health restraints. Many of us work in areas where this is an important function, especially as it involves patient and staff safety. JCAHO supports physician assistants performing this function. So, we created a bill (A9986A/S6706A) allowing physician assistants and nurse practitioners to order behavioral health restraints. It easily passed the Assembly and the Senate, but was vetoed by the Governor due to last-minute opposition from some psychiatric organizations. We will work with these organizations and try again next year.

As we move forward towards the 2007 legislative season, we will be submitting legislation or the request for regulatory changes so that we will be able to work with our supervising physicians serving our patients in stronger and stronger roles.  If you want schedule II prescriptive privileges or any other bills passed, you must step-up now! Join our efforts! Our Political Action Committee Fund is dangerously low. It not only took time, but it took money to get the 24-hour Countersignature and the Blood Bills passed. Without your donations to the PAC, we simply have no chance of getting schedule II prescriptive privileges. We need your help, and our Political Action Committee Fund needs your help!!! NYSSPA is your voice, and the only voice in Albany actively supporting and promoting physician assistants. Protect your job, protect your future. Donate today!