Bill Text: NY A09950 | 2017-2018 | General Assembly | Introduced

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

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Bill Title: Authorizes hospitals to establish standing orders for the care of newborns in the hospital until the discharge of the newborn from the hospital following the birth, which may authorize an attending nurse to provide services and care to healthy newborns.

Spectrum: Moderate Partisan Bill (Democrat 33-7)

Status: (Passed) 2018-12-07 - signed chap.366 [A09950 Detail]

Download: New_York-2017-A09950-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9950
                   IN ASSEMBLY
                                    February 27, 2018
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to hospital  standing
          orders for the care of newborns
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding  a  new  section
     2  2803-v to read as follows:
     3    § 2803-v. Standing orders for newborn care in a hospital.  1. A hospi-
     4  tal may establish standing orders for the care of newborns in the hospi-
     5  tal  until  the discharge of the newborn from the hospital following the
     6  birth, which may authorize an attending nurse to  provide  services  and
     7  care to healthy newborns.
     8    2. As used in this section, unless the context clearly requires other-
     9  wise:
    10    (a) "Hospital" means a hospital that routinely provides perinatal care
    11  to newborns.
    12    (b)  "Attending practitioner" means the physician, nurse practitioner,
    13  physician assistant or midwife, acting within his or  her  lawful  scope
    14  and  terms  of  practice,  attending  the  birth  or postnatal care of a
    15  newborn in a hospital.
    16    (c) "Attending nurse" means a registered nurse attending the postnatal
    17  care of a newborn, acting within his or her lawful scope of practice.
    18    (d) "Standing order" means a non-patient specific order for  the  care
    19  of healthy newborns in the hospital, established under this section.
    20    3. A standing order may be implemented in the case of any newborn when
    21  (a)  directed  by the attending practitioner, or (b) in the absence of a
    22  specific direction by the attending practitioner,  the  attending  nurse
    23  determines,  in  his or her professional judgment, that implementing the
    24  standing order for the newborn is clinically appropriate and  consistent
    25  with the standing order, hospital's policies and applicable regulations.
    26  The  standing  order  shall  not  be implemented in a specific situation
    27  where the hospital's policies, the standing order, or  applicable  regu-
    28  lations provide otherwise.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14792-01-8
        A. 9950                             2
     1    4.  (a)  A standing order shall provide for the circumstances in which
     2  the condition or change in condition of the  newborn  or  the  newborn's
     3  mother,  or  other circumstances relating to providing services and care
     4  to the newborn, require departure from the terms of the standing order.
     5    (b)  Where  an  attending  nurse implementing a standing order becomes
     6  aware of circumstances  that,  in  his  or  her  professional  judgment,
     7  reasonably  indicate  a  need  to  depart from the terms of the standing
     8  order, he or she shall so advise the  attending  practitioner.  In  such
     9  circumstances,  if the attending nurse determines, in his or her profes-
    10  sional judgment, that the health of the newborn requires departing  from
    11  the standing order prior to receiving direction from the attending prac-
    12  titioner,  the  attending  nurse  may  do so, consistent with his or her
    13  lawful scope of practice, the hospital's policies and  applicable  regu-
    14  lations.
    15    (c)  The standing order shall provide, including the times and manner,
    16  that an attending practitioner shall review and acknowledge  in  writing
    17  the  services  and care provided to the newborn under the standing order
    18  and the condition of the newborn.
    19    5. (a) A standing order may provide  for  circumstances  in  which  it
    20  shall not be implemented, or implemented only at the order of an attend-
    21  ing practitioner, which may include but not be limited to:
    22    (i) lack of or inadequate prenatal care;
    23    (ii) a birth not attended by an attending practitioner;
    24    (iii) a birth not occurring in a hospital; or
    25    (iv) a premature or low birth weight birth.
    26    (b) A standing order shall be dated, timed, and authenticated promptly
    27  in  the patient's medical record by the attending practitioner acting in
    28  accordance with law, including scope-of-practice  laws,  hospital  poli-
    29  cies, and medical staff bylaws, rules and regulations.
    30    6. A standing order may be implemented only if the implementing hospi-
    31  tal:
    32    (a)  establishes  that the order has been reviewed and approved by the
    33  hospital's medical staff and nursing and pharmacy leadership;
    34    (b) demonstrates that the order is consistent with  nationally  recog-
    35  nized evidence-based guidelines; and
    36    (c)  ensures  that  the  periodic  and  regular review of the order is
    37  conducted by the hospital's medical staff and nursing and pharmacy lead-
    38  ership to determine the continuing usefulness and safety of the order.
    39    7. A standing order is a medical regimen; it shall be consistent  with
    40  the lawful scope of practice of a registered nurse.
    41    8.  The  commissioner may make regulations governing the terms, proce-
    42  dures and implementation of standing orders.
    43    § 2. This act shall take effect on the one hundred twentieth day after
    44  it shall have become a law.  Effective immediately, the commissioner  of
    45  health  may make regulations and take other actions reasonably necessary
    46  to implement this act on that date.