Bill Text: NY S03289 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the nurse practitioners modernization act which allows the practice of registered professional nursing by a certified nurse practitioner to include diagnosis and performance without collaboration of a licensed physician.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2012-06-13 - PRINT NUMBER 3289A [S03289 Detail]

Download: New_York-2011-S03289-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3289
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 15, 2011
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       AN ACT to amend the education law, in relation to services performed  by
         nurse practitioners
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Short title. This act shall be known and may be  cited  as
    2  the "nurse practitioners modernization act".
    3    S  2.  Subdivision 3 of section 6902 of the education law, as added by
    4  chapter 257 of the laws of 1988, is amended to read as follows:
    5    3. (a) The practice of registered  professional  nursing  by  a  nurse
    6  practitioner,  certified  under section six thousand nine hundred ten of
    7  this article, may include the diagnosis of illness and  physical  condi-
    8  tions  and the performance of therapeutic and corrective measures within
    9  a specialty area of practice[, in collaboration with a  licensed  physi-
   10  cian  qualified  to collaborate in the specialty involved, provided such
   11  services are performed in accordance with a written  practice  agreement
   12  and  written  practice  protocols.  The written practice agreement shall
   13  include explicit provisions  for  the  resolution  of  any  disagreement
   14  between the collaborating physician and the nurse practitioner regarding
   15  a  matter of diagnosis or treatment that is within the scope of practice
   16  of both. To the extent the practice agreement does not so provide,  then
   17  the collaborating physician's diagnosis or treatment shall prevail].
   18    (b)  Prescriptions  for  drugs,  devices  and immunizing agents may be
   19  issued by a nurse practitioner, under this subdivision and  section  six
   20  thousand nine hundred ten of this article[, in accordance with the prac-
   21  tice  agreement  and  practice  protocols]. The nurse practitioner shall
   22  obtain a certificate from the department upon successfully completing  a
   23  program  including  an appropriate pharmacology component, or its equiv-
   24  alent, as  established  by  the  commissioner's  regulations,  prior  to
   25  prescribing under this subdivision. The certificate issued under section
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01405-02-1
       S. 3289                             2
    1  six  thousand  nine  hundred ten of this article shall state whether the
    2  nurse practitioner has successfully completed such a program  or  equiv-
    3  alent and is authorized to prescribe under this subdivision.
    4    (c)  [Each practice agreement shall provide for patient records review
    5  by the collaborating physician in a timely fashion but in no event  less
    6  often  than  every three months. The names of the nurse practitioner and
    7  the collaborating physician shall be  clearly  posted  in  the  practice
    8  setting of the nurse practitioner.
    9    (d)  The  practice protocol shall reflect current accepted medical and
   10  nursing practice. The protocols shall be filed with the department with-
   11  in ninety days of the commencement of the practice and  may  be  updated
   12  periodically.  The  commissioner shall make regulations establishing the
   13  procedure for the review of protocols and the disposition of any  issues
   14  arising from such review.
   15    (e)  No  physician shall enter into practice agreements with more than
   16  four nurse practitioners who are not located on the same physical  prem-
   17  ises as the collaborating physician.
   18    (f)]  Nothing in this subdivision shall be deemed to limit or diminish
   19  the practice of the profession of nursing as a  registered  professional
   20  nurse  under  this article or any other law, rule, regulation or certif-
   21  ication, nor to deny any registered professional nurse the right  to  do
   22  any  act  or  engage  in  any practice authorized by this article or any
   23  other law, rule, regulation or certification.
   24    [(g)] (D) The provisions of this subdivision shall not  apply  to  any
   25  activity  authorized,  pursuant  to  statute,  rule or regulation, to be
   26  performed by a registered professional nurse in a hospital as defined in
   27  article twenty-eight of the public health law.
   28    S 3. This act shall take effect on the one hundred eightieth day after
   29  it shall have become a law; provided, however, that effective immediate-
   30  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
   31  necessary  for  the implementation of this act on its effective date are
   32  authorized and directed to be made  and  completed  on  or  before  such
   33  effective date.