Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.
STATE OF NEW YORK
________________________________________________________________________
7704
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to expanding the
description of certain services which are not prohibited by statutes
governing the practice of nursing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 1 of
2 section 6908 of the education law is renumbered subparagraph (vi) and a
3 new subparagraph (v) is added to read as follows:
4 (v) tasks provided by direct support staff in non-facility based
5 programs certified, authorized or approved by the office for people with
6 developmental disabilities, so long as such staff do not hold themselves
7 out as accepting employment solely for performing such care, and where
8 nursing services are under the instruction of a service recipient or
9 family or household member determined by a registered professional nurse
10 to be capable of providing such instruction. In the event that the
11 registered nurse determines that the service recipient, family, or
12 household member is not capable of providing such instruction, nursing
13 tasks may be performed by direct support staff pursuant to subparagraph
14 (vi) of this paragraph subject to the requirements set forth therein; or
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11654-02-3
