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New York state laws and regulations that affect your medical practice

1. Under what circumstances may a nonphysician draw a patient's blood?

A physician assistant or specialist's assistant is qualified to draw blood under a physician's supervision when such services fall within the scope of the physician's practice. Supervision must be continuous, however the physician is not required to be physically present when the assistant is rendering such services.

(Education Law § 6542)

(Education Law § 6902 (1) and 6909 (5))

A licensed practical nurse is qualified to draw blood under a physician's direct supervision.

(Education Law § 6902(2))

A nurse practitioner is qualified to draw blood under a physician's supervision. Direct supervision is not required.

(Education Law § 6902(3))

A medical assistant is not licensed in the state of New York and is not qualified to draw blood.

(Education Law § 6522)

At the request of a police officer and under the supervision and at the direction of a physician, the following professionals are authorized to draw blood for the purpose of determining the alcoholic or drug content therein: a medical laboratory technician or a medical technologist (as classified by civil service or employed by an approved clinical laboratory), a phlebotomist, or an advanced emergency medical technician (as certified by the Department of Health).

(N.Y. Vehicle and Traffic Law § 1194)

Copyright Kern Augustine Conroy and Schoppmann, P.C. Used with permission.

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