Bill Text: NY A01727 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the education law, in relation to the profession of nurse anesthesia
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Introduced - Dead) 2010-01-06 - referred to higher education [A01727 Detail]
Download: New_York-2009-A01727-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1727
2009-2010 Regular Sessions
I N A S S E M B L Y
January 9, 2009
___________
Introduced by M. of A. GOTTFRIED, JACOBS, GALEF, CLARK, CANESTRARI,
PERRY, ORTIZ -- Multi-Sponsored by -- M. of A. AUBRY, CAHILL, CHRIS-
TENSEN, COOK, DelMONTE, DINOWITZ, GLICK, HOOPER, MAYERSOHN, McENENY,
O'DONNELL, PAULIN, POWELL, PRETLOW, REILLY, WEISENBERG -- read once
and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the profession of
nurse anesthesia
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature hereby finds that
2 certified registered nurse anesthetists are highly educated and trained
3 advanced practice nurses who hold a national professional certification,
4 and whose competency in the professional practice of nurse anesthesia in
5 hospitals, free-standing ambulatory surgery centers, clinics, profes-
6 sional offices and other facilities is well known. Nurse anesthetists
7 are integral to the continued professional delivery of services in such
8 health care facilities throughout the state.
9 The legislature further finds that statutory recognition of nurse
10 anesthetists will further enhance patient safety by codifying their
11 professional scope of practice that is currently governed in this state
12 by regulations promulgated pursuant to the public health law in the case
13 of hospitals and ambulatory surgery centers.
14 The legislature also finds that while nurse anesthetists are advanced
15 practice nurses, licensed as registered professional nurses under arti-
16 cle 139 of the education law, no provision of this act is meant to
17 limit, diminish or in any way impinge upon the practice of the profes-
18 sion of nursing as a registered professional nurse under such article.
19 Therefore, the legislature hereby declares that, due to the intrinsic
20 nature of the administration of anesthesia services, the integral part
21 that certified registered nurse anesthetists play in the safe delivery
22 of such services and the need to protect and enhance patient safety in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00777-01-9
A. 1727 2
1 all health care facilities, it is in the interest of the people of this
2 state to recognize the national professional certification of registered
3 nurse anesthetists and that the existing scope of practice of nurse
4 anesthesia, as currently practiced in this state, be codified in stat-
5 ute.
6 S 2. Section 6902 of the education law is amended by adding a new
7 subdivision 4 to read as follows:
8 4. (A) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A CERTIFIED
9 REGISTERED NURSE ANESTHETIST, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED
10 ELEVEN OF THIS ARTICLE MAY INCLUDE THE PRACTICE OF NURSE ANESTHESIA.
11 NURSE ANESTHESIA INCLUDES: THE ADMINISTRATION OF ANESTHESIA AND ANES-
12 THESIA RELATED CARE TO PATIENTS; PREANESTHETICS EVALUATION AND PREPARA-
13 TION; ANESTHETIC INDUCTION, MAINTENANCE AND EMERGENCE; POST ANESTHESIA
14 CARE; PERIANESTHETICS AND CLINICAL SUPPORT FUNCTIONS; AND PAIN MANAGE-
15 MENT, IN COLLABORATION WITH A LICENSED PHYSICIAN QUALIFIED BY LAW TO
16 DETERMINE THE NEED FOR ANESTHESIA SERVICES, PROVIDED SUCH SERVICES ARE
17 PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN
18 PRACTICE PROTOCOLS. THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLIC-
19 IT PROVISIONS FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLAB-
20 ORATING PHYSICIAN AND THE CERTIFIED REGISTERED NURSE ANESTHETIST REGARD-
21 ING A MATTER OF ANESTHESIA TREATMENT THAT IS WITHIN THE SCOPE OF
22 PRACTICE OF BOTH. TO THE EXTENT THE PRACTICE AGREEMENT DOES NOT SO
23 PROVIDE, THEN THE COLLABORATING PHYSICIAN'S TREATMENT SHALL PREVAIL.
24 (B) PRESCRIPTIONS FOR DRUGS, DEVICES AND ANESTHETIC AGENTS MAY BE
25 ISSUED BY A CERTIFIED REGISTERED NURSE ANESTHETIST, UNDER THIS SUBDIVI-
26 SION AND SECTION SIXTY-NINE HUNDRED ELEVEN OF THIS ARTICLE, IN ACCORD-
27 ANCE WITH THE PRACTICE AGREEMENT AND PRACTICE PROTOCOLS. THE CERTIFIED
28 REGISTERED NURSE ANESTHETIST SHALL OBTAIN A CERTIFICATE FROM THE DEPART-
29 MENT UPON SUCCESSFULLY COMPLETING A PROGRAM INCLUDING AN APPROPRIATE
30 PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY THE COMMIS-
31 SIONER'S REGULATIONS, PRIOR TO PRESCRIBING UNDER THIS SUBDIVISION. THE
32 CERTIFICATE ISSUED UNDER SECTION SIXTY-NINE HUNDRED ELEVEN OF THIS ARTI-
33 CLE SHALL STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS
34 SUCCESSFULLY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO
35 PRESCRIBE UNDER THIS SUBDIVISION.
36 (C) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT RECORDS REVIEW
37 BY THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT LESS
38 OFTEN THAN EVERY THREE MONTHS. THE NAMES OF THE CERTIFIED REGISTERED
39 NURSE ANESTHETIST AND THE COLLABORATING PHYSICIAN SHALL BE CLEARLY POST-
40 ED IN THE PRACTICE SETTING OF THE CERTIFIED REGISTERED NURSE ANESTHE-
41 TIST.
42 (D) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED MEDICAL AND
43 NURSING PRACTICE. THE PROTOCOLS SHALL BE FILED WITH THE DEPARTMENT WITH-
44 IN NINETY DAYS OF THE COMMENCEMENT OF THE PRACTICE AND MAY BE UPDATED
45 PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS ESTABLISHING THE
46 PROCEDURE FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY ISSUES
47 ARISING FROM SUCH REVIEW.
48 (E) NO PHYSICIAN SHALL ENTER INTO PRACTICE AGREEMENTS WITH MORE THAN
49 FOUR CERTIFIED REGISTERED NURSE ANESTHETISTS WHO ARE NOT LOCATED ON THE
50 SAME PHYSICAL PREMISES AS THE COLLABORATING PHYSICIAN.
51 (F) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT OR DIMINISH
52 THE PRACTICE OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL
53 NURSE UNDER THIS ARTICLE OR ANY OTHER LAW, RULE, REGULATION OR CERTIF-
54 ICATION, NOR TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT TO DO
55 ANY ACT OR ENGAGE IN ANY PRACTICE AUTHORIZED BY THIS ARTICLE OR ANY
56 OTHER LAW, RULE, REGULATION OR CERTIFICATION.
A. 1727 3
1 (G) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ACTIVITY
2 AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
3 A REGISTERED PROFESSIONAL NURSE IN A HOSPITAL AS DEFINED IN ARTICLE
4 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
5 S 3. The education law is amended by adding a new section 6911 to read
6 as follows:
7 S 6911. CERTIFICATES FOR NURSE ANESTHESIA PRACTICE. 1. FOR ISSUANCE OF
8 A CERTIFICATE TO PRACTICE AS A CERTIFIED REGISTERED NURSE ANESTHETIST
9 UNDER SUBDIVISION FOUR OF SECTION SIXTY-NINE HUNDRED TWO OF THIS ARTI-
10 CLE, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
11 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
12 (B) LICENSE: BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THE
13 STATE;
14 (C) EDUCATION: (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL PREPARA-
15 TION FOR PROVISION OF THESE SERVICES IN A PROGRAM REGISTERED BY THE
16 DEPARTMENT OR IN A PROGRAM ACCREDITED BY A NATIONAL BODY RECOGNIZED BY
17 THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT; AND
18 (II) SUBMIT EVIDENCE OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
19 NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT;
20 (D) FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR AN INITIAL
21 CERTIFICATE AUTHORIZING NURSE ANESTHESIA PRACTICE AND A TRIENNIAL REGIS-
22 TRATION FEE OF THIRTY DOLLARS.
23 AFTER A CERTIFIED REGISTERED NURSE ANESTHETIST'S INITIAL REGISTRATION,
24 REGISTRATION UNDER THIS SECTION SHALL BE COTERMINOUS WITH THE CERTIFIED
25 REGISTERED NURSE ANESTHETIST'S REGISTRATION AS A PROFESSIONAL NURSE.
26 2. ONLY A PERSON CERTIFIED UNDER THIS SECTION SHALL USE THE TITLE
27 "CERTIFIED REGISTERED NURSE ANESTHETIST".
28 3. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACT OR PRAC-
29 TICE AUTHORIZED BY ANY OTHER LAW, RULE, REGULATION OR CERTIFICATION.
30 4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACTIVITY
31 AUTHORIZED, PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
32 A REGISTERED PROFESSIONAL NURSE IN A HOSPITAL AS DEFINED IN ARTICLE
33 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
34 5. AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE AS A CERTIFIED REGIS-
35 TERED NURSE ANESTHETIST IN A HOSPITAL UNDER REGULATIONS OF THE DEPART-
36 MENT OF HEALTH MAY USE THE TITLE "CERTIFIED REGISTERED NURSE ANESTHE-
37 TIST" IN CONNECTION WITH THAT PRACTICE. IF SUCH AN INDIVIDUAL APPLIES
38 FOR A CERTIFICATE UNDER THIS SECTION, HE OR SHE MAY SATISFY THE EDUCA-
39 TION REQUIREMENT OF SUBDIVISION ONE OF THIS SECTION BY PRESENTING SATIS-
40 FACTORY EVIDENCE OF SUCH AUTHORITY.
41 6. (A) A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION
42 SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE WHO HAS SATISFACTORILY COMPLETED
43 A PROGRAM OF EDUCATIONAL PREPARATION AS PROVIDED IN SUBDIVISION ONE OF
44 THIS SECTION MAY, FOR A PERIOD NOT TO EXCEED TWENTY-FOUR MONTHS IMME-
45 DIATELY FOLLOWING THE COMPLETION OF SUCH EDUCATIONAL PROGRAM, PRACTICE
46 NURSE ANESTHESIA UNDER SUBDIVISION FOUR OF SECTION SIXTY-NINE HUNDRED
47 TWO OF THIS ARTICLE AS A GRADUATE NURSE ANESTHETIST IN THE SAME MANNER
48 AS A CERTIFIED REGISTERED NURSE ANESTHETIST UNDER THAT SUBDIVISION.
49 (B) A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION SIXTY-NINE
50 HUNDRED FIVE OF THIS ARTICLE WHO IS DULY ENROLLED IN A PROGRAM OF EDUCA-
51 TIONAL PREPARATION, MAY PRACTICE NURSE ANESTHESIA AS A STUDENT NURSE
52 ANESTHETIST UNDER THE SUPERVISION OF AN ANESTHESIOLOGIST OR A CERTIFIED
53 REGISTERED NURSE ANESTHETIST, WHO IS IMMEDIATELY AVAILABLE AS NEEDED.
54 7. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
55 MENT THE PROVISIONS OF THIS SECTION.
56 S 4. This act shall take effect immediately.
