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A01535 Summary:

BILL NOA01535A
 
SAME ASSAME AS S03056-A
 
SPONSORGottfried
 
COSPNSRLupardo, Paulin, Forrest, Reyes, Stirpe, Thiele, Barron, Griffin, Simon, Seawright, Miller M, Joyner, Lunsford, Fernandez, Cook, Kelles, Burdick, Weprin, Mamdani, Solages, De Los Santos, Jacobson, Gunther, Colton
 
MLTSPNSR
 
Amd §6902, Ed L; amd Part D §3, Chap 56 of 2014
 
Makes certain provisions of the "nurse practitioners modernization act" permanent; eliminates certain administrative obligations.
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A01535 Text:



 
                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.
                                                                   LBD00598-03-1

        A. 1535--A                          2
 
     1    (iv) The practice protocol shall reflect current accepted medical  and
     2  nursing  practice[.  The  protocols  shall  be filed with the department
     3  within 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 have
    18  collaborative relationships with one or more licensed physicians  quali-
    19  fied  to  collaborate  in the specialty involved or a hospital, licensed
    20  under article twenty-eight of  the  public  health  law,  that  provides
    21  services  through  licensed  physicians  qualified to collaborate in the
    22  specialty  involved  and  having  privileges  at  such  institution.  As
    23  evidence  that  the nurse practitioner maintains collaborative relation-
    24  ships, the nurse  practitioner  shall  complete  and  maintain  a  form,
    25  created by the department, to which the nurse practitioner shall attest,
    26  that  describes  such  collaborative relationships. For purposes of this
    27  paragraph, "collaborative relationships" shall mean that the nurse prac-
    28  titioner shall communicate, whether in person, by telephone  or  through
    29  written  (including  electronic) means, with a licensed physician quali-
    30  fied to collaborate in the specialty involved  or,  in  the  case  of  a
    31  hospital, communicate with a licensed physician qualified to collaborate
    32  in  the  specialty  involved and having privileges at such hospital, for
    33  the purposes of exchanging information, as needed, in order  to  provide
    34  comprehensive patient care and to make referrals as necessary. Such form
    35  shall  also  reflect  the  nurse  practitioner's acknowledgement that if
    36  reasonable efforts to resolve  any  dispute  that  may  arise  with  the
    37  collaborating physician or, in the case of a collaboration with a hospi-
    38  tal, with a licensed physician qualified to collaborate in the specialty
    39  involved  and having privileges at such hospital, about a patient's care
    40  are not successful, the recommendation of the physician  shall  prevail.
    41  Such form shall be updated as needed and may be subject to review by the
    42  department.  The  nurse  practitioner  shall maintain documentation that
    43  supports such collaborative relationships. Failure to  comply  with  the
    44  requirements  found in this paragraph by a nurse practitioner who is not
    45  complying with such provisions of paragraph  (a)  of  this  subdivision,
    46  shall  be  subject to professional misconduct provisions as set forth in
    47  article 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 it
    54  shall  have become a law, when upon such date the provisions of this act
    55  shall be deemed repealed]; provided, however, that effective  immediate-
    56  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation

        A. 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.
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