Bill Text: NY A01535 | 2021-2022 | General Assembly | Amended
Bill Title: Makes certain provisions of the "nurse practitioners modernization act" permanent; eliminates certain administrative obligations.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A01535 Detail]
Download: New_York-2021-A01535-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1535--A 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. GOTTFRIED, LUPARDO, PAULIN, FORREST, REYES, STIRPE, THIELE, BARRON, GRIFFIN, SIMON, SEAWRIGHT, MONTESANO, M. MILL- ER -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, are 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00598-03-1A. 1535--A 2 1 (iv) The practice protocol shall reflect current accepted medical and 2 nursing practice[. The protocols shall be filed with the department3within ninety days of the commencement of the practice] and may be 4 updated periodically. The commissioner shall make regulations establish- 5 ing the procedure for the review of protocols and the disposition of any 6 issues arising from such review. 7 § 2. Paragraph (b) of subdivision 3 of section 6902 of the education 8 law, as added by section 2 of part D of chapter 56 of the laws of 2014, 9 is amended to read as follows: 10 (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi- 11 sion, a nurse practitioner, certified under section sixty-nine hundred 12 ten of this article and practicing for more than three thousand six 13 hundred hours [may comply with this paragraph in lieu of complying] 14 shall not be required to comply with the requirements of paragraph (a) 15 of this subdivision relating to collaboration with a physician or nurse 16 practitioner, a written practice agreement and written practice proto- 17 cols[. A nurse practitioner complying with this paragraph shall have18collaborative relationships with one or more licensed physicians quali-19fied to collaborate in the specialty involved or a hospital, licensed20under article twenty-eight of the public health law, that provides21services through licensed physicians qualified to collaborate in the22specialty involved and having privileges at such institution. As23evidence that the nurse practitioner maintains collaborative relation-24ships, the nurse practitioner shall complete and maintain a form,25created by the department, to which the nurse practitioner shall attest,26that describes such collaborative relationships. For purposes of this27paragraph, "collaborative relationships" shall mean that the nurse prac-28titioner shall communicate, whether in person, by telephone or through29written (including electronic) means, with a licensed physician quali-30fied to collaborate in the specialty involved or, in the case of a31hospital, communicate with a licensed physician qualified to collaborate32in the specialty involved and having privileges at such hospital, for33the purposes of exchanging information, as needed, in order to provide34comprehensive patient care and to make referrals as necessary. Such form35shall also reflect the nurse practitioner's acknowledgement that if36reasonable efforts to resolve any dispute that may arise with the37collaborating physician or, in the case of a collaboration with a hospi-38tal, with a licensed physician qualified to collaborate in the specialty39involved and having privileges at such hospital, about a patient's care40are not successful, the recommendation of the physician shall prevail.41Such form shall be updated as needed and may be subject to review by the42department. The nurse practitioner shall maintain documentation that43supports such collaborative relationships. Failure to comply with the44requirements found in this paragraph by a nurse practitioner who is not45complying with such provisions of paragraph (a) of this subdivision,46shall be subject to professional misconduct provisions as set forth in47article one hundred thirty of this title]. 48 § 3. Section 3 of part D of chapter 56 of the laws of 2014, amending 49 the education law relating to enacting the "nurse practitioners modern- 50 ization act", as amended by section 10 of part S of chapter 57 of the 51 laws of 2021, is amended to read as follows: 52 § 3. This act shall take effect on the first of January after it shall 53 have become a law [and shall expire June 30 of the seventh year after it54shall have become a law, when upon such date the provisions of this act55shall be deemed repealed]; provided, however, that effective immediate- 56 ly, the addition, amendment and/or repeal of any rule or regulationA. 1535--A 3 1 necessary for the implementation of this act on its effective date is 2 authorized and directed to be made and completed on or before such 3 effective date. 4 § 4. This act shall take effect immediately.