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.