A claimant cannot recover PIP payments for an EMG test performed by a licensed physician assistant as physician assistants are not authorized to perform EMG tests under New Jersey law.

The New Jersey Supreme Court upheld the Appellate Division's holding that the plain language of N.J.S.A. § 45:9-5.2(a) limits performance of EMGs to those who are licensed to practice medicine and surgery in the state of New Jersey. Since physician assistants ("PAs") do not qualify for, nor receive plenary license to practice medicine, they are not authorized to perform the procedure.

Under the facts of this case, a claimant injured in a motor vehicle accident was denied payment for personal injury protection claims for an EMG test performed by a PA. The court rejected the claimant's suggestion that a PA can perform a needle EMG based on the statutory authorization for a PA to "assist" a physician, as well as any notion that PAs are authorized to do so under any promulgated regulation.

This holding has far-reaching impact for any personal injury claims involving electrodiagnostic testing as the performance and results of such tests, if submitted by a PA, can no longer be considered reasonable, necessary and authoritative.

Case Law Alert - 2nd Qtr 2012