A04140 Summary:
BILL NO | A04140 |
  | |
SAME AS | SAME AS S02300 |
  | |
SPONSOR | Gottfried |
  | |
COSPNSR | Joyner, Steck, Lupardo, Skoufis, Brindisi, Fahy, Clark, Linares, Saladino |
  | |
MLTSPNSR | Hevesi, McDonald, Palmesano, Simon |
  | |
Amd SS3602 & 579, Pub Health L; amd SS902 & 903, Ed L; amd SS406, 433 & 434, Gen Bus L; amd SS404-a & 509-g, V & T L | |
  | |
Relates to the scope of practice of nurse practitioners. |
A04140 Actions:
BILL NO | A04140 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2015 | referred to higher education | |||||||||||||||||||||||||||||||||||||||||||||||||
05/05/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2015 | advanced to third reading cal.306 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/13/2015 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2015 | SUBSTITUTED FOR S2300 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2015 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2015 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/14/2015 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/26/2015 | signed chap.376 |
A04140 Committee Votes:
Go to topA04140 Floor Votes:
Yes
Abbate
Yes
Corwin
Yes
Goodell
Yes
Lupardo
ER
Paulin
Yes
Silver
Yes
Abinanti
Yes
Crespo
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simanowitz
Yes
Arroyo
Yes
Crouch
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Simon
Yes
Aubry
Yes
Curran
Yes
Gunther
Yes
Magnarelli
Yes
Persaud
Yes
Simotas
Yes
Barclay
Yes
Cusick
Yes
Hawley
Yes
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
Yes
Cymbrowitz
Yes
Hevesi
ER
Markey
Yes
Pretlow
Yes
Skoufis
Yes
Barron
Yes
Davila
ER
Hikind
Yes
Mayer
Yes
Quart
Yes
Solages
Yes
Benedetto
Yes
DenDekker
Yes
Hooper
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Bichotte
Yes
Dilan
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Blake
Yes
Dinowitz
Yes
Jean-Pierre
Yes
McKevitt
Yes
Ramos
ER
Stirpe
Yes
Blankenbush
Yes
DiPietro
Yes
Johns
Yes
McLaughlin
Yes
Richardson
Yes
Tedisco
Yes
Borelli
Yes
Duprey
Yes
Joyner
Yes
Miller
Yes
Rivera
Yes
Tenney
Yes
Brabenec
Yes
Englebright
Yes
Kaminsky
Yes
Montesano
Yes
Roberts
Yes
Thiele
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Robinson
Yes
Titone
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rodriguez
Yes
Titus
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Rosenthal
Yes
Walker
Yes
Bronson
Yes
Fitzpatrick
Yes
Kim
Yes
Murray
Yes
Rozic
Yes
Walter
ER
Brook-Krasny
Yes
Friend
Yes
Kolb
Yes
Nojay
Yes
Russell
Yes
Weinstein
Yes
Buchwald
Yes
Galef
Yes
Lalor
Yes
Nolan
Yes
Ryan
Yes
Weprin
Yes
Butler
ER
Gantt
Yes
Lavine
Yes
Oaks
Yes
Saladino
Yes
Woerner
Yes
Cahill
Yes
Garbarino
Yes
Lawrence
Yes
O'Donnell
Yes
Santabarbara
ER
Wozniak
Yes
Ceretto
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Wright
ER
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Linares
Yes
Palmesano
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
ER
Goldfeder
Yes
Lopez
Yes
Palumbo
Yes
Sepulveda
‡ Indicates voting via videoconference
A04140 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4140 2015-2016 Regular Sessions IN ASSEMBLY January 29, 2015 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Higher Education AN ACT to amend the public health law, the education law, the general business law and the vehicle and traffic law, in relation to making conforming changes reflecting the previously authorized scope of prac- tice of nurse practitioners The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4 and 5 of section 3602 of the public health 2 law, as amended by chapter 600 of the laws of 2002, are amended to read 3 as follows: 4 4. "Home health aide services" means simple health care tasks, 5 personal hygiene services, housekeeping tasks essential to the patient's 6 health and other related supportive services. Such services shall be 7 prescribed by a physician in accordance with a plan of treatment for the 8 patient and shall be under the supervision of a registered professional 9 nurse from a certified home health agency or, when appropriate, from a 10 provider of a long term home health care program and of the appropriate 11 professional therapist from such agency or provider when the aide 12 carries out simple procedures as an extension of physical, speech or 13 occupational therapy. Such services may also be prescribed or ordered by 14 a nurse practitioner to the extent authorized by law and consistent with 15 [the written practice agreement pursuant to] subdivision three of 16 section six thousand nine hundred two of the education law and not 17 prohibited by federal law or regulation. 18 5. "Personal care services" means services to assist with personal 19 hygiene, dressing, feeding and household tasks essential to the 20 patient's health. Such services shall be prescribed by a physician in 21 accordance with a plan of home care supervised by a registered profes- 22 sional nurse. Such services may also be prescribed or ordered by a nurse 23 practitioner to the extent authorized by law and consistent with [theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06937-01-5A. 4140 2 1written practice agreement pursuant to] subdivision three of section six 2 thousand nine hundred two of the education law and not prohibited by 3 federal law or regulations. 4 § 2. Subdivision 1 of section 579 of the public health law, as amended 5 by chapter 444 of the laws of 2013, is amended to read as follows: 6 1. This title is applicable to all clinical laboratories and blood 7 banks operating within the state, except clinical laboratories and blood 8 banks operated by the federal government and clinical laboratories oper- 9 ated by a licensed physician, osteopath, dentist, midwife, nurse practi- 10 tioner, optometrist performing a clinical laboratory test that does not 11 use an invasive modality as defined in section seventy-one hundred one 12 of the education law or podiatrist who performs laboratory tests or 13 procedures, personally or through his or her employees, solely as an 14 adjunct to the treatment of his or her own patients; to the extent 15 authorized by federal and state law, including the education law[, and16consistent with any applicable written practice agreement]. 17 § 3. Paragraph a of subdivision 2 of section 902 of the education law, 18 as amended by chapter 477 of the laws of 2004, is amended to read as 19 follows: 20 a. The board of education, and the trustee or board of trustees of 21 each school district, shall employ, at a compensation to be agreed upon 22 by the parties, a qualified physician, or a nurse practitioner to the 23 extent authorized by the nurse practice act and consistent with [the24written practice agreement pursuant to] subdivision three of section six 25 thousand nine hundred two of this chapter, to perform the duties of the 26 director of school health services, including any duties conferred on 27 the school physician or school medical inspector under any provision of 28 law, to perform and coordinate the provision of health services in the 29 public schools and to provide health appraisals of students attending 30 the public schools in the city or district. The physicians or nurse 31 practitioners so employed shall be duly licensed pursuant to applicable 32 law. 33 § 4. Subdivision 1 of section 903 of the education law, as separately 34 amended by section 11 of part B of chapter 58 and chapter 281 of the 35 laws of 2007, is amended to read as follows: 36 1. A health certificate shall be furnished by each student in the 37 public schools upon his or her entrance in such schools and upon his or 38 her entry into the grades prescribed by the commissioner in regulations, 39 provided that such regulations shall require such certificates at least 40 twice during the elementary grades and twice in the secondary grades. An 41 examination and health history of any child may be required by the local 42 school authorities at any time in their discretion to promote the educa- 43 tional interests of such child. Each certificate shall be signed by a 44 duly licensed physician, physician assistant, or nurse practitioner, who 45 is authorized by law to practice in this state, and consistent with [any46applicable written practice agreement] subdivision three of section six 47 thousand nine hundred two of this chapter, or by a duly licensed physi- 48 cian, physician assistant, or nurse practitioner, who is authorized to 49 practice in the jurisdiction in which the examination was given, 50 provided that the commissioner has determined that such jurisdiction has 51 standards of licensure and practice comparable to those of New York. 52 Each such certificate shall describe the condition of the student when 53 the examination was made, which shall not be more than twelve months 54 prior to the commencement of the school year in which the examination is 55 required, and shall state whether such student is in a fit condition of 56 health to permit his or her attendance at the public schools. Each suchA. 4140 3 1 certificate shall also state the student's body mass index (BMI) and 2 weight status category. For purposes of this section, BMI is computed 3 as the weight in kilograms divided by the square of height in meters or 4 the weight in pounds divided by the square of height in inches multi- 5 plied by a conversion factor of 703. Weight status categories for chil- 6 dren and adolescents shall be as defined by the commissioner of health. 7 In all school districts such physician, physician assistant or nurse 8 practitioner shall determine whether a one-time test for sickle cell 9 anemia is necessary or desirable and he or she shall conduct such a test 10 and the certificate shall state the results. 11 § 5. Paragraph e of subdivision 1 of section 406 of the general busi- 12 ness law, as amended by chapter 600 of the laws of 2002, is amended to 13 read as follows: 14 e. Each application shall be accompanied by a certificate of a duly 15 licensed physician, or nurse practitioner to the extent authorized by 16 law and consistent with [the written practice agreement pursuant to] 17 subdivision three of section six thousand nine hundred two of the educa- 18 tion law on a form prescribed by the secretary, showing freedom from any 19 infectious or communicable disease which certificate shall have been 20 issued within thirty days prior to the date of the filing of the appli- 21 cation. 22 § 6. Subdivision 3 of section 433 of the general business law, as 23 added by chapter 801 of the laws of 1946, is amended to read as follows: 24 3. To require all persons licensed or registered under this article to 25 submit to physical examination by a physician or nurse practitioner 26 selected by the secretary of state. 27 § 7. Paragraph (c) of subdivision 1 of section 434 of the general 28 business law, as amended by chapter 64 of the laws of 1988, is amended 29 to read as follows: 30 (c) The certificate of a duly licensed physician or nurse 31 practitioner, on a form prescribed by the secretary of state, showing 32 freedom from any infectious or communicable disease which certificate 33 shall have been issued within thirty days prior to the date of the 34 filing of the application; 35 § 8. Subdivision 4 of section 404-a of the vehicle and traffic law, as 36 amended by chapter 686 of the laws of 1994, the opening paragraph and 37 paragraph (c) as amended by chapter 277 of the laws of 2012, is amended 38 to read as follows: 39 4. Issue of plates. The commissioner shall issue sets of plates to 40 such person in accordance with subdivision two of this section with 41 proof of such disability of such person or such members of his or her 42 family certified by a physician, physician assistant or nurse practi- 43 tioner, to the extent authorized by law[, including the education law,] 44 and consistent with [any applicable written practice agreement] subdivi- 45 sion three of section six thousand nine hundred two of the education 46 law, or podiatrist pursuant to subdivision four-a of this section or 47 optometrist pursuant to subdivision four-b of this section, to the 48 satisfaction of the commissioner who is empowered to carry out the 49 effects of this section by formulating rules and regulations. 50 For the purposes of this section, a "severely disabled person" shall 51 mean any person having any one or more of the following impairments, 52 disabilities or conditions which are permanent in nature: 53 (a) Has limited or no use of one or both lower limbs; 54 (b) Has a neuro-muscular dysfunction which severely limits mobility; 55 (c) Has a physical or mental impairment or condition which is other 56 than those specified above, but is of such nature as to impose unusualA. 4140 4 1 hardship in utilization of public transportation facilities and such 2 condition is certified by a physician, physician assistant or nurse 3 practitioner, to the extent authorized by law[, including the education4law,] and consistent with [any applicable written practice agreement] 5 subdivision three of section six thousand nine hundred two of the educa- 6 tion law, duly licensed to practice [medicine] in this state, or, pursu- 7 ant to subdivision four-a of this section, a podiatrist duly licensed to 8 practice podiatry in this state or, pursuant to subdivision four-b of 9 this section, an optometrist duly licensed to practice optometry in this 10 state, as constituting an equal degree of disability (specifying the 11 particular condition) so as to prevent such person from getting around 12 without great difficulty in accordance with subdivision two of this 13 section; or 14 (d) A blind person. 15 § 9. Paragraph (b) of subdivision 5 of section 404-a of the vehicle 16 and traffic, as amended by chapter 277 of the laws of 2012, is amended 17 to read as follows: 18 (b) The commissioner may require the applicant for registration to 19 furnish such proof of his or her disability or such proof of disability 20 of such members of his or her family from a physician, physician assist- 21 ant or nurse practitioner, to the extent authorized by law[, including22the education law,] and consistent with [any applicable written practice23agreement] subdivision three of section six thousand nine hundred two of 24 the education law, or podiatrist pursuant to subdivision four-a of this 25 section or optometrist pursuant to subdivision four-b of this section, 26 as the commissioner deems necessary either for initial registration or 27 renewal thereof; provided, however, that a handicapped or disabled 28 permit issued by a municipality to such applicant pursuant to section 29 twelve hundred three-a of this chapter shall be deemed sufficient proof 30 of disability for purposes of this paragraph. 31 § 10. Subdivision 1 of section 509-g of the vehicle and traffic law, 32 as amended by chapter 149 of the laws of 2011, is amended to read as 33 follows: 34 1. A biennial examination pursuant to regulations established by the 35 commissioner, by a physician, a certified nurse practitioner to the 36 extent authorized by law and consistent with [the written practice37agreement pursuant to] subdivision three of section six thousand nine 38 hundred two of the education law, or a registered physician assistant 39 who is not the personal physician, nurse practitioner or physician 40 assistant of the driver. Included shall be a requirement to conduct a 41 vision test pursuant to regulations issued by the commissioner. 42 § 11. The amendments to the public health law, the education law, the 43 general business law and the vehicle and traffic law enacted by this act 44 shall not be construed to expand or contract the scope of practice of 45 any health care professional under title 8 of the education law. 46 § 12. This act shall take effect immediately.