Bill Text: NY S03056 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Makes certain provisions of the "nurse practitioners modernization act" permanent; eliminates certain administrative obligations.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO HIGHER EDUCATION [S03056 Detail]

Download: New_York-2021-S03056-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3056

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 27, 2021
                                       ___________

        Introduced  by  Sen.  RIVERA -- 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 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 department
    21  within ninety days of the commencement  of  the  practice]  and  may  be
    22  updated  periodically.  [The  commissioner shall make regulations estab-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00598-01-1
        S. 3056                             2

     1  lishing the procedure for the review of protocols and the disposition of
     2  any issues arising from such review.]
     3    §  2.  Paragraph (b) of subdivision 3 of section 6902 of the education
     4  law, as added by section 2 of part D of chapter 56 of the laws of  2014,
     5  is amended to read as follows:
     6    (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi-
     7  sion,  a  nurse practitioner, certified under section sixty-nine hundred
     8  ten of this article and practicing for  more  than  three  thousand  six
     9  hundred  hours  [may  comply  with  this paragraph in lieu of complying]
    10  shall not be required to comply with the requirements of  paragraph  (a)
    11  of  this subdivision relating to collaboration with a physician, a writ-
    12  ten practice agreement and written practice protocols[. A nurse  practi-
    13  tioner  complying with this paragraph shall have collaborative relation-
    14  ships with one or more licensed physicians qualified to  collaborate  in
    15  the  specialty  involved  or  a hospital, licensed under article twenty-
    16  eight of the public health law, that provides services through  licensed
    17  physicians qualified to collaborate in the specialty involved and having
    18  privileges  at such institution. As evidence that the nurse practitioner
    19  maintains collaborative  relationships,  the  nurse  practitioner  shall
    20  complete  and  maintain  a form, created by the department, to which the
    21  nurse practitioner  shall  attest,  that  describes  such  collaborative
    22  relationships.  For purposes of this paragraph, "collaborative relation-
    23  ships" shall mean that the nurse practitioner shall communicate, whether
    24  in person, by telephone or through written (including electronic) means,
    25  with a licensed physician qualified  to  collaborate  in  the  specialty
    26  involved  or,  in  the  case  of a hospital, communicate with a licensed
    27  physician qualified to collaborate in the specialty involved and  having
    28  privileges at such hospital, for the purposes of exchanging information,
    29  as  needed,  in  order to provide comprehensive patient care and to make
    30  referrals as necessary. Such form shall also reflect the  nurse  practi-
    31  tioner's  acknowledgement  that  if  reasonable  efforts  to resolve any
    32  dispute that may arise with the collaborating physician or, in the  case
    33  of  a collaboration with a hospital, with a licensed physician qualified
    34  to collaborate in the specialty involved and having privileges  at  such
    35  hospital,  about a patient's care are not successful, the recommendation
    36  of the physician shall prevail. Such form shall be updated as needed and
    37  may be subject to review by the department. The nurse practitioner shall
    38  maintain documentation that supports such  collaborative  relationships.
    39  Failure  to  comply  with  the requirements found in this paragraph by a
    40  nurse practitioner who is not complying with such  provisions  of  para-
    41  graph  (a) of this subdivision, shall be subject to professional miscon-
    42  duct provisions as set forth in  article  one  hundred  thirty  of  this
    43  title].
    44    §  3.  Section 3 of part D of chapter 56 of the laws of 2014, amending
    45  the education law relating to enacting the "nurse practitioners  modern-
    46  ization act", is amended to read as follows:
    47    § 3. This act shall take effect on the first of January after it shall
    48  have  become  a law [and shall expire June 30 of the sixth year after it
    49  shall have become a law, when upon such date the provisions of this  act
    50  shall  be deemed repealed]; provided, however, that effective immediate-
    51  ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
    52  necessary  for  the  implementation of this act on its effective date is
    53  authorized and directed to be made  and  completed  on  or  before  such
    54  effective date.
    55    § 4. This act shall take effect immediately.