Bill Text: NY A10990 | 2019-2020 | General Assembly | Introduced
Bill Title: Makes certain provisions of the "nurse practitioners modernization act" permanent; eliminates certain administrative obligations.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-09-09 - referred to higher education [A10990 Detail]
Download: New_York-2019-A10990-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10990 IN ASSEMBLY September 9, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gottfried) -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to the practice protocol for nurse practitioners; and to amend part D of chapter 56 of the laws of 2014, amending the education law relating to enacting the "nurse practitioners modernization act", in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs (i) and (iv) of paragraph (a) of subdivision 2 3 of section 6902 of the education law, as amended by section 2 of part 3 D of chapter 56 of the laws of 2014, is amended to read as follows: 4 (i) The practice of registered professional nursing by a nurse practi- 5 tioner, certified under section six thousand nine hundred ten of this 6 article, may include the diagnosis of illness and physical conditions 7 and the performance of therapeutic and corrective measures within a 8 specialty area of practice, in collaboration with a licensed physician 9 or nurse practitioner practicing pursuant to paragraph (b) of this 10 subdivision, qualified to collaborate in the specialty involved, 11 provided such services are performed in accordance with a written prac- 12 tice agreement and written practice protocols except as permitted by 13 paragraph (b) of this subdivision. The written practice agreement shall 14 include explicit provisions for the resolution of any disagreement 15 between the collaborating physician and the nurse practitioner regarding 16 a matter of diagnosis or treatment that is within the scope of practice 17 of both. To the extent the practice agreement does not so provide, then 18 the collaborating physician's diagnosis or treatment shall prevail. 19 (iv) The practice protocol shall reflect current accepted medical and 20 nursing practice[. The protocols shall be filed with the department21within ninety days of the commencement of the practice] and may be 22 updated periodically. [The commissioner shall make regulations estab-23lishing the procedure for the review of protocols and the disposition of24any issues arising from such review.] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17162-01-0A. 10990 2 1 § 2. Paragraph (b) of subdivision 3 of section 6902 of the education 2 law, as added by section 2 of part D of chapter 56 of the laws of 2014, 3 is amended to read as follows: 4 (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi- 5 sion, a nurse practitioner, certified under section sixty-nine hundred 6 ten of this article and practicing for more than three thousand six 7 hundred hours [may comply with this paragraph in lieu of complying] 8 shall not be required to comply with the requirements of paragraph (a) 9 of this subdivision relating to collaboration with a physician, a writ- 10 ten practice agreement and written practice protocols[. A nurse practi-11tioner complying with this paragraph shall have collaborative relation-12ships with one or more licensed physicians qualified to collaborate in13the specialty involved or a hospital, licensed under article twenty-14eight of the public health law, that provides services through licensed15physicians qualified to collaborate in the specialty involved and having16privileges at such institution. As evidence that the nurse practitioner17maintains collaborative relationships, the nurse practitioner shall18complete and maintain a form, created by the department, to which the19nurse practitioner shall attest, that describes such collaborative20relationships. For purposes of this paragraph, "collaborative relation-21ships" shall mean that the nurse practitioner shall communicate, whether22in person, by telephone or through written (including electronic) means,23with a licensed physician qualified to collaborate in the specialty24involved or, in the case of a hospital, communicate with a licensed25physician qualified to collaborate in the specialty involved and having26privileges at such hospital, for the purposes of exchanging information,27as needed, in order to provide comprehensive patient care and to make28referrals as necessary. Such form shall also reflect the nurse practi-29tioner's acknowledgement that if reasonable efforts to resolve any30dispute that may arise with the collaborating physician or, in the case31of a collaboration with a hospital, with a licensed physician qualified32to collaborate in the specialty involved and having privileges at such33hospital, about a patient's care are not successful, the recommendation34of the physician shall prevail. Such form shall be updated as needed and35may be subject to review by the department. The nurse practitioner shall36maintain documentation that supports such collaborative relationships.37Failure to comply with the requirements found in this paragraph by a38nurse practitioner who is not complying with such provisions of para-39graph (a) of this subdivision, shall be subject to professional miscon-40duct provisions as set forth in article one hundred thirty of this41title]. 42 § 3. Section 3 of part D of chapter 56 of the laws of 2014, amending 43 the education law relating to enacting the "nurse practitioners modern- 44 ization act", is amended to read as follows: 45 § 3. This act shall take effect on the first of January after it shall 46 have become a law [and shall expire June 30 of the sixth year after it47shall have become a law, when upon such date the provisions of this act48shall be deemed repealed]; provided, however, that effective immediate- 49 ly, the addition, amendment and/or repeal of any rule or regulation 50 necessary for the implementation of this act on its effective date is 51 authorized and directed to be made and completed on or before such 52 effective date. 53 § 4. This act shall take effect immediately.