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.