senate Bill S3289

Amended

Establishes the nurse practitioners modernization act

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 15 / Feb / 2011
    • REFERRED TO HIGHER EDUCATION
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 13 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO HIGHER EDUCATION
  • 13 / Jun / 2012
    • PRINT NUMBER 3289A

Summary

Establishes the nurse practitioners modernization act which allows the practice of registered professional nursing by a certified nurse practitioner to include diagnosis and performance without collaboration of a licensed physician.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A5308
Versions:
S3289
S3289A
Legislative Cycle:
2011-2012
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยง6902, Ed L

Sponsor Memo

BILL NUMBER:S3289

TITLE OF BILL:
An act
to amend the education law,
in relation to services performed by nurse practitioners

PURPOSE OR GENERAL IDEA OF BILL:
To end the requirement of a
collaboration agreement between a nurse practitioner and a physician
as a condition for practice.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends the nurse practice
act in Education law to delete the requirements for collaboration
agreements and practice protocols between nurse practitioners and
physicians.

JUSTIFICATION:
Nurse Practitioners (NPs) practice in a variety of
primary and specialty care settings including ambulatory, acute, long
term care, and primary care. Nurse practitioners are licensed and
certified by the State Education Department to diagnose illness and
physical conditions and perform therapeutic and corrective
measures, order tests, prescribe medications, medical devices and
immunizing agents and, when appropriate, refer patients to other
health care providers, without direct supervision. In addition to
their advanced certification by the Nursing Board, many NPs are
certified by national accrediting agencies in one or more practice
specialty.

Currently, New York requires a mandatory collaboration relationship
between a NP and a MD.
That relationship is defined by a written practice agreement which can
be as narrow or as broad as the MD is willing. Elsewhere, NPs
practice with complete independence in 13 states (AL, AZ, DC, IA, ID,
ME, MT, NH, NM, OR, UT, WA, WY). Given the education, training and
advanced certification of NPs, mandatory collaboration no longer
serves a clinical purpose.
Instead, mandatory collaboration serves as a barrier to practice and a
disincentive to advanced certification, and it restricts access to
primary health care for individuals and families in underserved areas
of the state.

PRIOR LEGISLATIVE HISTORY:
Based on 2009-10: S.8005

FISCAL IMPLICATIONS:
Reduces administrative costs for the State Education Department.

EFFECTIVE DATE:
180 days after the date of enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3289

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to services performed  by
  nurse practitioners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
the "nurse practitioners modernization act".
  S  2.  Subdivision 3 of section 6902 of the education law, as added by
chapter 257 of the laws of 1988, is amended to read as follows:
  3. (a) The practice of registered  professional  nursing  by  a  nurse
practitioner,  certified  under section six thousand nine hundred ten of
this article, may include the diagnosis of illness and  physical  condi-
tions  and the performance of therapeutic and corrective measures within
a specialty area of practice[, in collaboration with a  licensed  physi-
cian  qualified  to collaborate in the specialty involved, provided such
services are performed in accordance with a written  practice  agreement
and  written  practice  protocols.  The written practice agreement shall
include explicit provisions  for  the  resolution  of  any  disagreement
between the collaborating physician and the nurse practitioner regarding
a  matter of diagnosis or treatment that is within the scope of practice
of both. To the extent the practice agreement does not so provide,  then
the collaborating physician's diagnosis or treatment shall prevail].
  (b)  Prescriptions  for  drugs,  devices  and immunizing agents may be
issued by a nurse practitioner, under this subdivision and  section  six
thousand nine hundred ten of this article[, in accordance with the prac-
tice  agreement  and  practice  protocols]. The nurse practitioner shall
obtain a certificate from the department upon successfully completing  a
program  including  an appropriate pharmacology component, or its equiv-
alent, as  established  by  the  commissioner's  regulations,  prior  to
prescribing under this subdivision. The certificate issued under section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01405-02-1

S. 3289                             2

six  thousand  nine  hundred ten of this article shall state whether the
nurse practitioner has successfully completed such a program  or  equiv-
alent and is authorized to prescribe under this subdivision.
  (c)  [Each practice agreement shall provide for patient records review
by the collaborating physician in a timely fashion but in no event  less
often  than  every three months. The names of the nurse practitioner and
the collaborating physician shall be  clearly  posted  in  the  practice
setting of the nurse practitioner.
  (d)  The  practice protocol shall reflect current accepted medical and
nursing practice. The protocols shall be filed with the department with-
in ninety days of the commencement of the practice and  may  be  updated
periodically.  The  commissioner shall make regulations establishing the
procedure for the review of protocols and the disposition of any  issues
arising from such review.
  (e)  No  physician shall enter into practice agreements with more than
four nurse practitioners who are not located on the same physical  prem-
ises as the collaborating physician.
  (f)]  Nothing in this subdivision shall be deemed to limit or diminish
the practice of the profession of nursing as a  registered  professional
nurse  under  this article or any other law, rule, regulation or certif-
ication, nor to deny any registered professional nurse the right  to  do
any  act  or  engage  in  any practice authorized by this article or any
other law, rule, regulation or certification.
  [(g)] (D) The provisions of this subdivision shall not  apply  to  any
activity  authorized,  pursuant  to  statute,  rule or regulation, to be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.