Bill Text: NY A06446 | 2023-2024 | General Assembly | Introduced
Bill Title: Makes conforming changes reflecting the previously authorized scope of practice of nurse practitioners; adds nurse practitioners as persons who can authorize or make certain determinations authorized to be made or determined by physicians.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2024-01-03 - referred to higher education [A06446 Detail]
Download: New_York-2023-A06446-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6446 2023-2024 Regular Sessions IN ASSEMBLY April 11, 2023 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education AN ACT to amend the public health law, the education law, the vehicle and traffic law, and the judiciary law, in relation to making conform- ing changes reflecting the previously authorized scope of practice of nurse practitioners The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 28 and 31 of section 206 of the public health 2 law, subdivision 28 as added by chapter 496 of the laws of 2011 and 3 subdivision 31 as added by chapter 500 of the laws of 2021, are amended 4 to read as follows: 5 28. The commissioner shall assist the commissioner of education in 6 developing rules and regulations, relating to pupils who suffer mild 7 traumatic brain injuries and the physicians and nurse practitioners 8 authorized to evaluate such pupils, in accordance with subdivision 9 forty-two of section three hundred five of the education law, and 10 provide for the posting on the department's internet website of such 11 information as shall be required pursuant to such subdivision. 12 31. The commissioner shall develop information, in conjunction with 13 the commissioner of education related to students who exhibit signs or 14 symptoms of pending or increased risk of sudden cardiac arrest. Such 15 information shall include, but not be limited to, the definition of 16 sudden cardiac arrest, signs and symptoms of sudden cardiac arrest, and 17 information for the physicians and nurse practitioners authorized to 18 evaluate whether a student may resume athletic activity. Such informa- 19 tion shall be posted on the department's website. 20 § 2. Subparagraph (iii) of paragraph a of subdivision 42 of section 21 305 of the education law, as added by chapter 496 of the laws of 2011, 22 is amended to read as follows: 23 (iii) requiring the immediate removal from athletic activities of any 24 pupil believed to have sustained or who has sustained a mild traumatic 25 brain injury. In the event that there is any doubt as to whether a pupil 26 has sustained a concussion, it shall be presumed that he or she has been EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10600-01-3A. 6446 2 1 so injured until proven otherwise. No such pupil shall resume athletic 2 activity until he or she shall have been symptom free for not less than 3 twenty-four hours, and has been evaluated by and received written and 4 signed authorization from a licensed physician or a certified nurse 5 practitioner. Such authorization shall be kept on file in the pupil's 6 permanent health record. Furthermore, such rules and regulations shall 7 provide guidelines for limitations and restrictions on school attendance 8 and activities for pupils who have sustained mild traumatic brain inju- 9 ries, consistent with the directives of the pupil's treating physician 10 or a nurse practitioner. 11 § 3. Subdivision b of section 923 of the education law, as added by 12 chapter 500 of the laws of 2021, is amended to read as follows: 13 b. The commissioner shall promulgate rules and regulations requiring 14 that any student displaying signs or symptoms of pending or increased 15 risk of sudden cardiac arrest shall be immediately removed from athletic 16 activities and shall not resume athletic activity until he or she has 17 been evaluated by and received written and signed authorization from a 18 licensed physician or a certified nurse practitioner. Such authori- 19 zation shall be kept on file in the pupil's permanent health record. 20 § 4. Section 3624 of the education law, as amended by chapter 529 of 21 the laws of 2002, is amended to read as follows: 22 § 3624. Drivers, monitors and attendants. The commissioner shall 23 determine and define the qualifications of drivers, monitors and attend- 24 ants and shall make the rules and regulations governing the operation of 25 all transportation facilities used by pupils which rules and regulations 26 shall include, but not be limited to, a maximum speed of fifty-five 27 miles per hour for school vehicles engaged in pupil transportation that 28 are operated on roads, interstates or other highways, parkways or bridg- 29 es or portions thereof that have posted speed limits in excess of 30 fifty-five miles per hour, prohibitions relating to smoking, eating and 31 drinking and any and all other acts or conduct which would otherwise 32 impair the safe operation of such transportation facilities while actu- 33 ally being used for the transport of pupils. The employment of each 34 driver, monitor and attendant shall be approved by the chief school 35 administrator of a school district for each school bus operated within 36 his or her district. For the purpose of determining his or her physical 37 fitness, each driver, monitor and attendant may be examined on order of 38 the chief school administrator by a duly licensed physician or nurse 39 practitioner within two weeks prior to the beginning of service in each 40 school year as a school bus driver, monitor or attendant. The report of 41 the physician or certified nurse practitioner, in writing, shall be 42 considered by the chief school administrator in determining the fitness 43 of the driver to operate or continue to operate any transportation 44 facilities used by pupils and in determining the fitness of any monitor 45 or attendant to carry out his or her functions on such transportation 46 facilities. Nothing in this section shall prohibit a school district 47 from imposing a more restrictive speed limit policy for the operation of 48 school vehicles engaged in pupil transportation than the speed limit 49 policy established by the commissioner. 50 § 5. Paragraph (i) of subdivision 1 and subdivision 3 of section 51 1203-a of the vehicle and traffic law, paragraph (i) of subdivision 1 as 52 amended by chapter 180 of the laws of 1996 and subdivision 3 as amended 53 by chapter 220 of the laws of 1984, are amended to read as follows: 54 (i) any resident of New York state who is a severely disabled person, 55 as defined in subdivision [three] four of section four hundred four-a of 56 this chapter, upon application of such person or such person's parent orA. 6446 3 1 guardian, provided, however, that an issuing agent shall issue permits 2 only to residents of the city, town or village in which such issuing 3 agent is located, except that, an issuing agent, in his or her 4 discretion, may issue a permit to a severely disabled person who is not 5 a resident of the city, town, or village in which such issuing agent is 6 located where such person resides in a city, town, or village in which 7 the governing body has not appointed an issuing agent; and an issuing 8 agent, in his or her discretion, may issue a temporary special vehicle 9 identification parking permit, as authorized by subdivision three of 10 this section, to a person who is temporarily unable to ambulate without 11 the aid of an assisting device, as certified by [a physician] any 12 healthcare practitioner authorized to certify that an individual is 13 severely disabled pursuant to subdivision four of section four hundred 14 four-a of this chapter, who resides in a city, town, or village in which 15 the issuing agent does not issue temporary special vehicle identifica- 16 tion parking permits, or who is not a resident of the United States and 17 is temporarily visiting the state; or 18 3. Notwithstanding any provision of this chapter to the contrary, any 19 municipality may issue a temporary special vehicle identification park- 20 ing permit to any person who is temporarily unable to ambulate without 21 the aid of an assisting device, as certified by [a physician] any 22 healthcare practitioner authorized to certify that an individual is 23 severely disabled pursuant to subdivision four of section four hundred 24 four-a of this chapter. Such temporary special vehicle identification 25 parking permit shall be valid for not more than six months and shall be 26 recognized statewide. 27 § 6. Paragraph (d) of subdivision 3 of section 1203-h of the vehicle 28 and traffic law, as added by chapter 243 of the laws of 2007, is amended 29 to read as follows: 30 (d) are severely disabled persons, as defined in subdivision four of 31 section four hundred four-a of this chapter, whose severe disability, as 32 certified by [a licensed physician] any healthcare practitioner author- 33 ized to certify that an individual is severely disabled pursuant to that 34 subdivision, limits one or more of the following: 35 (i) fine motor control in both hands; 36 (ii) ability to reach or access a parking meter due to use of a wheel- 37 chair or other ambulatory device; or 38 (iii) ability to reach a height of forty-two inches from the ground 39 due to the lack of finger, hand or upper extremity strength or mobility. 40 § 7. Paragraph (c) of subdivision 12-a of section 375 of the vehicle 41 and traffic law, as amended by chapter 135 of the laws of 1994, is 42 amended to read as follows: 43 (c) Any person required for medical reasons to be shielded from the 44 direct rays of the sun and/or any person operating a motor vehicle 45 belonging to such person or in which such person is an habitual passen- 46 ger shall be exempt from the provisions of subparagraphs one and two of 47 paragraph (b) of this subdivision provided the commissioner has granted 48 an exemption and notice of such exemption is affixed to the vehicle as 49 directed by the commissioner. The applicant for such exemption must 50 provide a physician's or nurse practitioner's statement with the reason 51 for the exemption, the name of the individual with a medically necessary 52 condition operating or transported in the vehicle, the specific condi- 53 tion involved, and the minimum level of light transmission required. The 54 commissioner shall only authorize exemptions where the medical condition 55 certified by the physician or nurse practitioner is contained on a list 56 of medical conditions prepared by the commissioner of health pursuant toA. 6446 4 1 subdivision sixteen of section two hundred six of the public health law. 2 If such [such] exemption is granted, the commissioner shall make a 3 record thereof and shall distribute a sufficiently noticeable sticker to 4 the applicant to be attached to any window so shielded or altered pursu- 5 ant to such exemption. 6 § 8. Paragraph (iii) of subdivision 3 of section 509-d of the vehicle 7 and traffic law, as added by chapter 675 of the laws of 1985, is amended 8 to read as follows: 9 (iii) the initial qualifying medical examination form and the biennial 10 medical examination form completed by the carrier's physician or nurse 11 practitioner; 12 § 9. Section 509-k of the vehicle and traffic law, as added by chapter 13 1050 of the laws of 1974, is amended to read as follows: 14 § 509-k. Ill or fatigued operator. No driver shall operate a bus and a 15 motor carrier shall not permit a driver to operate a bus while the driv- 16 er's ability or alertness is so impaired, or so likely to become 17 impaired, through fatigue, illness or any other cause, as to make it 18 unsafe for him to begin or continue to operate the bus. At the request 19 of the driver or the motor carrier such illness, fatigue, or other cause 20 shall be certified by a qualified physician or nurse practitioner. 21 However, in a case of grave emergency where the hazard to occupants of 22 the bus or other users of the highway would be increased by compliance 23 with this section, the driver may continue to operate the bus to the 24 nearest place at which that hazard is removed. 25 § 10. Subdivision 7 of section 1229-c of the vehicle and traffic law, 26 as added by chapter 365 of the laws of 1984, is amended to read as 27 follows: 28 7. The provisions of this section shall not apply to a passenger or 29 operator with a physically disabling condition whose physical disability 30 would prevent appropriate restraint in such safety seat or safety belt 31 provided, however, such condition is duly certified by a physician or 32 nurse practitioner who shall state the nature of the handicap, as well 33 as the reason such restraint is inappropriate. 34 § 11. Paragraph 1 of subdivision (a) of section 517 of the judiciary 35 law, as amended by chapter 380 of the laws of 2019, is amended to read 36 as follows: 37 (1) Except as otherwise provided in paragraph two of this subdivision, 38 the commissioner of jurors may, in his or her discretion, on the appli- 39 cation of a prospective juror who has been summoned to attend, excuse 40 such prospective juror from a part or the whole of the time of jury 41 service or may postpone the time of jury service to a later day during 42 the same or any subsequent term of the court, provided that if the 43 prospective juror is a breastfeeding mother and submits with her appli- 44 cation a note from a physician or nurse practitioner indicating that the 45 prospective juror is breastfeeding, the commissioner shall excuse the 46 prospective juror or postpone the time of jury service. The application 47 shall be presented to the commissioner at such time and in such manner 48 as he or she shall require, except that an application for postponement 49 of the initial date for jury service may be made by telephone. 50 § 12. The amendments to the public health law, education law, vehicle 51 and traffic law, and judiciary law enacted by this act shall not be 52 construed to expand or contract the scope of practice of any health care 53 professional under title 8 of the education law. 54 § 13. This act shall take effect immediately.
