STATE OF NEW YORK
________________________________________________________________________
10371
IN ASSEMBLY
March 3, 2026
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to expanding circum-
stances when direct support staff may administer medications; and
providing for the repeal of such provisions upon expiration thereof
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, as added by section 1 of part A of
3 chapter 58 of the laws of 2014, is amended to read as follows:
4 (v) tasks provided by a direct support staff in programs certified or
5 approved by the office for people with developmental disabilities,
6 including self-direction, when [performed under] the [supervision of a
7 registered professional nurse and pursuant to a memorandum of under-
8 standing between the office for people with] direct support staff has
9 completed training provided by the individual with an intellectual or
10 developmental [disabilities and the department, in accordance with and
11 pursuant to an] disability, or, when applicable, by the individual's
12 parent, legal guardian, or other legally authorized [practitioner's
13 ordered care, provided that: (1) a registered professional nurse deter-
14 mines] representative, in [his or her professional judgment, which tasks
15 are to be performed based upon the complexity of the tasks,] accordance
16 with consumer-directed principles. The commissioner shall establish
17 appropriate protocols to ensure the [skill and experience of the] safe
18 administration of medications and to ensure that a direct support
19 staff[, and] shall not assess the [health status of the] medication
20 needs of an individual [being cared for; (2) only a]. A direct support
21 staff [who] has completed training as required by the commissioner of
22 the office for people with developmental disabilities [may perform
23 tasks] pursuant to this subparagraph[; (3)] provided that the commis-
24 sioner establish appropriate protocols shall be established to ensure
25 safe administration of medications[; (4)] and to ensure that a direct
26 support staff shall not assess the medication needs of an individual[;
27 (5) adequate nursing supervision is provided, including training and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14628-01-6
A. 10371 2
1 periodic inspection of performance of the tasks. The amount and type of
2 nursing supervision shall be determined by the registered professional
3 nurse responsible for supervising such task based upon the complexity of
4 the tasks, the skill and experience of the direct support staff, and the
5 health status of the individual being cared for; (6) a]. A direct
6 support staff shall not be authorized to perform any tasks or activities
7 pursuant to this subparagraph that are outside the scope of practice of
8 a licensed practical nurse[; (7) a]. A direct support staff shall not
9 represent [himself or herself] themselves, or accept employment, as a
10 person licensed to practice nursing under the provisions of this arti-
11 cle[; (8)]. A direct support staff providing medication administration,
12 tube feeding, or diabetic care shall be separately certified, and shall
13 be recertified on an annual basis[; (9) the registered professional
14 nurse shall ensure that there is a consumer specific]. If an individual
15 with an intellectual or developmental disability is unable to self-ad-
16 minister medication [sheet for each medication that is administered; and
17 (10) appropriate staffing ratios shall be determined by the office for
18 people with developmental disabilities and the department to ensure
19 adequate nursing supervision. No direct support staff shall perform
20 tasks under this subparagraph until the office for people with develop-
21 mental disabilities and the department have entered into a memorandum of
22 understanding to effectuate the provisions of this subparagraph. The
23 office for people with developmental disabilities shall complete a crim-
24 inal background check pursuant to section 16.33 of the mental hygiene
25 law and an agency background check pursuant to section 16.34 of the
26 mental hygiene law on the direct support staff prior to the commencement
27 of any provision of service provided under this subparagraph if such
28 direct support staff is a new hire. Individuals providing supervision
29 or] , a parent, legal guardian, or other legally authorized represen-
30 tative may authorize a trained direct support [tasks pursuant to this
31 subparagraph shall have protection pursuant] professional to [sections
32 seven hundred forty and seven hundred forty-one of] administer medica-
33 tions on the [labor law, where applicable] individual's behalf;
34 § 2. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law and shall expire and be deemed repealed July
36 1, 2030. Effective immediately, the addition, amendment and/or repeal of
37 any rule or regulation necessary for the implementation of this act on
38 its effective date are authorized to be made on or before such date.
