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S06801 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6801
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
 
        AN ACT to amend the public health law, the education  law,  the  vehicle
          and traffic law, and the judiciary law, in relation to making conform-
          ing  changes reflecting the previously authorized scope of practice 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 28 and 31 of section 206 of the public health
     2  law, subdivision 28 as added by chapter 496 of  the  laws  of  2011  and
     3  subdivision  31 as added by chapter 500 of the laws of 2021, are amended
     4  to read as follows:
     5    28. The commissioner shall assist the  commissioner  of  education  in
     6  developing  rules  and  regulations,  relating to pupils who suffer mild
     7  traumatic brain injuries and  the  physicians  and  nurse  practitioners
     8  authorized  to  evaluate  such  pupils,  in  accordance with subdivision
     9  forty-two of section three  hundred  five  of  the  education  law,  and
    10  provide  for  the  posting  on the department's internet website of such
    11  information as shall be required pursuant to such subdivision.
    12    31. The commissioner shall develop information,  in  conjunction  with
    13  the  commissioner  of education related to students who exhibit signs or
    14  symptoms of pending or increased risk of  sudden  cardiac  arrest.  Such
    15  information  shall  include,  but  not  be limited to, the definition of
    16  sudden cardiac arrest, signs and symptoms of sudden cardiac arrest,  and
    17  information  for  the  physicians  and nurse practitioners authorized to
    18  evaluate whether a student may resume athletic activity.  Such  informa-
    19  tion shall be posted on the department's website.
    20    §  2.   Subparagraph (iii) of paragraph a of subdivision 42 of section
    21  305 of the education law, as added by chapter 496 of the laws  of  2011,
    22  is amended to read as follows:
    23    (iii)  requiring the immediate removal from athletic activities of any
    24  pupil believed to have sustained or who has sustained a  mild  traumatic
    25  brain injury. In the event that there is any doubt as to whether a pupil
    26  has sustained a concussion, it shall be presumed that he or she has been
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10600-01-3

        S. 6801                             2
 
     1  so  injured  until proven otherwise. No such pupil shall resume athletic
     2  activity until he or she shall have been symptom free for not less  than
     3  twenty-four  hours,  and  has been evaluated by and received written and
     4  signed  authorization  from  a  licensed  physician or a certified nurse
     5  practitioner.  Such authorization shall be kept on file in  the  pupil's
     6  permanent  health  record. Furthermore, such rules and regulations shall
     7  provide guidelines for limitations and restrictions on school attendance
     8  and activities for pupils who have sustained mild traumatic brain  inju-
     9  ries,  consistent  with the directives of the pupil's treating physician
    10  or a nurse practitioner.
    11    § 3. Subdivision b of section 923 of the education law,  as  added  by
    12  chapter 500 of the laws of 2021, is amended to read as follows:
    13    b.  The  commissioner shall promulgate rules and regulations requiring
    14  that any student displaying signs or symptoms of  pending  or  increased
    15  risk of sudden cardiac arrest shall be immediately removed from athletic
    16  activities  and  shall  not resume athletic activity until he or she has
    17  been evaluated by and received written and signed authorization  from  a
    18  licensed  physician  or  a certified nurse practitioner.   Such authori-
    19  zation shall be kept on file in the pupil's permanent health record.
    20    § 4. Section 3624 of the education law, as amended by chapter  529  of
    21  the laws of 2002, is amended to read as follows:
    22    § 3624. Drivers,  monitors  and  attendants.  The  commissioner  shall
    23  determine and define the qualifications of drivers, monitors and attend-
    24  ants and shall make the rules and regulations governing the operation of
    25  all transportation facilities used by pupils which rules and regulations
    26  shall include, but not be limited to,  a  maximum  speed  of  fifty-five
    27  miles  per hour for school vehicles engaged in pupil transportation that
    28  are operated on roads, interstates or other highways, parkways or bridg-
    29  es or portions thereof that  have  posted  speed  limits  in  excess  of
    30  fifty-five  miles per hour, prohibitions relating to smoking, eating and
    31  drinking and any and all other acts or  conduct  which  would  otherwise
    32  impair  the safe operation of such transportation facilities while actu-
    33  ally being used for the transport of  pupils.  The  employment  of  each
    34  driver,  monitor  and  attendant  shall  be approved by the chief school
    35  administrator of a school district for each school bus  operated  within
    36  his  or her district. For the purpose of determining his or her physical
    37  fitness, each driver, monitor and attendant may be examined on order  of
    38  the  chief  school  administrator  by a duly licensed physician or nurse
    39  practitioner within two weeks prior to the beginning of service in  each
    40  school  year as a school bus driver, monitor or attendant. The report of
    41  the physician or certified nurse  practitioner,  in  writing,  shall  be
    42  considered  by the chief school administrator in determining the fitness
    43  of the driver to operate  or  continue  to  operate  any  transportation
    44  facilities  used by pupils and in determining the fitness of any monitor
    45  or attendant to carry out his or her functions  on  such  transportation
    46  facilities.  Nothing  in  this  section shall prohibit a school district
    47  from imposing a more restrictive speed limit policy for the operation of
    48  school vehicles engaged in pupil transportation  than  the  speed  limit
    49  policy established by the commissioner.
    50    §  5.  Paragraph  (i)  of  subdivision  1 and subdivision 3 of section
    51  1203-a of the vehicle and traffic law, paragraph (i) of subdivision 1 as
    52  amended by chapter 180 of the laws of 1996 and subdivision 3 as  amended
    53  by chapter 220 of the laws of 1984, are amended to read as follows:
    54    (i)  any resident of New York state who is a severely disabled person,
    55  as defined in subdivision [three] four of section four hundred four-a of
    56  this chapter, upon application of such person or such person's parent or

        S. 6801                             3
 
     1  guardian, provided, however, that an issuing agent shall  issue  permits
     2  only  to  residents  of  the city, town or village in which such issuing
     3  agent is  located,  except  that,  an  issuing  agent,  in  his  or  her
     4  discretion,  may issue a permit to a severely disabled person who is not
     5  a resident of the city, town, or village in which such issuing agent  is
     6  located  where  such person resides in a city, town, or village in which
     7  the governing body has not appointed an issuing agent;  and  an  issuing
     8  agent,  in  his or her discretion, may issue a temporary special vehicle
     9  identification parking permit, as authorized  by  subdivision  three  of
    10  this  section, to a person who is temporarily unable to ambulate without
    11  the aid of an assisting  device,  as  certified  by  [a  physician]  any
    12  healthcare  practitioner  authorized  to  certify  that an individual is
    13  severely disabled pursuant to subdivision four of section  four  hundred
    14  four-a of this chapter, who resides in a city, town, or village in which
    15  the  issuing  agent does not issue temporary special vehicle identifica-
    16  tion parking permits, or who is not a resident of the United States  and
    17  is temporarily visiting the state; or
    18    3.  Notwithstanding any provision of this chapter to the contrary, any
    19  municipality may issue a temporary special vehicle identification  park-
    20  ing  permit  to any person who is temporarily unable to ambulate without
    21  the aid of an assisting  device,  as  certified  by  [a  physician]  any
    22  healthcare  practitioner  authorized  to  certify  that an individual is
    23  severely disabled pursuant to subdivision four of section  four  hundred
    24  four-a  of  this chapter.  Such temporary special vehicle identification
    25  parking permit shall be valid for not more than six months and shall  be
    26  recognized statewide.
    27    §  6.  Paragraph (d) of subdivision 3 of section 1203-h of the vehicle
    28  and traffic law, as added by chapter 243 of the laws of 2007, is amended
    29  to read as follows:
    30    (d) are severely disabled persons, as defined in subdivision  four  of
    31  section four hundred four-a of this chapter, whose severe disability, as
    32  certified  by [a licensed physician] any healthcare practitioner author-
    33  ized to certify that an individual is severely disabled pursuant to that
    34  subdivision, limits one or more of the following:
    35    (i) fine motor control in both hands;
    36    (ii) ability to reach or access a parking meter due to use of a wheel-
    37  chair or other ambulatory device; or
    38    (iii) ability to reach a height of forty-two inches  from  the  ground
    39  due to the lack of finger, hand or upper extremity strength or mobility.
    40    §  7.  Paragraph (c) of subdivision 12-a of section 375 of the vehicle
    41  and traffic law, as amended by chapter 135  of  the  laws  of  1994,  is
    42  amended to read as follows:
    43    (c)  Any  person  required for medical reasons to be shielded from the
    44  direct rays of the sun and/or  any  person  operating  a  motor  vehicle
    45  belonging  to such person or in which such person is an habitual passen-
    46  ger shall be exempt from the provisions of subparagraphs one and two  of
    47  paragraph  (b) of this subdivision provided the commissioner has granted
    48  an exemption and notice of such exemption is affixed to the  vehicle  as
    49  directed  by  the  commissioner.  The  applicant for such exemption must
    50  provide a physician's or nurse practitioner's statement with the  reason
    51  for the exemption, the name of the individual with a medically necessary
    52  condition  operating  or transported in the vehicle, the specific condi-
    53  tion involved, and the minimum level of light transmission required. The
    54  commissioner shall only authorize exemptions where the medical condition
    55  certified by the physician or nurse practitioner is contained on a  list
    56  of medical conditions prepared by the commissioner of health pursuant to

        S. 6801                             4
 
     1  subdivision sixteen of section two hundred six of the public health law.
     2  If  such  [such]  exemption  is  granted,  the commissioner shall make a
     3  record thereof and shall distribute a sufficiently noticeable sticker to
     4  the applicant to be attached to any window so shielded or altered pursu-
     5  ant to such exemption.
     6    §  8. Paragraph (iii) of subdivision 3 of section 509-d of the vehicle
     7  and traffic law, as added by chapter 675 of the laws of 1985, is amended
     8  to read as follows:
     9    (iii) the initial qualifying medical examination form and the biennial
    10  medical examination form completed by the carrier's physician  or  nurse
    11  practitioner;
    12    § 9. Section 509-k of the vehicle and traffic law, as added by chapter
    13  1050 of the laws of 1974, is amended to read as follows:
    14    § 509-k. Ill or fatigued operator. No driver shall operate a bus and a
    15  motor carrier shall not permit a driver to operate a bus while the driv-
    16  er's  ability  or  alertness  is  so  impaired,  or  so likely to become
    17  impaired, through fatigue, illness or any other cause,  as  to  make  it
    18  unsafe  for  him to begin or continue to operate the bus. At the request
    19  of the driver or the motor carrier such illness, fatigue, or other cause
    20  shall be certified by  a  qualified  physician  or  nurse  practitioner.
    21  However,  in  a case of grave emergency where the hazard to occupants of
    22  the bus or other users of the highway would be increased  by  compliance
    23  with  this  section,  the  driver may continue to operate the bus to the
    24  nearest place at which that hazard is removed.
    25    § 10. Subdivision 7 of section 1229-c of the vehicle and traffic  law,
    26  as  added  by  chapter  365  of  the laws of 1984, is amended to read as
    27  follows:
    28    7. The provisions of this section shall not apply to  a  passenger  or
    29  operator with a physically disabling condition whose physical disability
    30  would  prevent  appropriate restraint in such safety seat or safety belt
    31  provided, however, such condition is duly certified by  a  physician  or
    32  nurse  practitioner  who shall state the nature of the handicap, as well
    33  as the reason such restraint is inappropriate.
    34    § 11. Paragraph 1 of subdivision (a) of section 517 of  the  judiciary
    35  law,  as  amended by chapter 380 of the laws of 2019, is amended to read
    36  as follows:
    37    (1) Except as otherwise provided in paragraph two of this subdivision,
    38  the commissioner of jurors may, in his or her discretion, on the  appli-
    39  cation  of  a  prospective juror who has been summoned to attend, excuse
    40  such prospective juror from a part or the whole  of  the  time  of  jury
    41  service  or  may postpone the time of jury service to a later day during
    42  the same or any subsequent term of  the  court,  provided  that  if  the
    43  prospective  juror is a breastfeeding mother and submits with her appli-
    44  cation a note from a physician or nurse practitioner indicating that the
    45  prospective juror is breastfeeding, the commissioner  shall  excuse  the
    46  prospective  juror or postpone the time of jury service. The application
    47  shall be presented to the commissioner at such time and in  such  manner
    48  as  he or she shall require, except that an application for postponement
    49  of the initial date for jury service may be made by telephone.
    50    § 12. The amendments to the public health law, education law,  vehicle
    51  and  traffic  law,  and judiciary law enacted by this act shall  not  be
    52  construed to expand or contract the scope of practice of any health care
    53  professional under title 8 of the education law.
    54    § 13. This act shall take effect immediately.
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