senate Bill S3881

Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition

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Bill Status


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

  • 08 / Mar / 2011
    • REFERRED TO HIGHER EDUCATION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1113
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 24 / Jun / 2011
    • COMMITTED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO HIGHER EDUCATION
  • 18 / Apr / 2012
    • 1ST REPORT CAL.532
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition.

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Bill Details

See Assembly Version of this Bill:
A2157
Versions:
S3881
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Education Law
Laws Affected:
Amd ยง6902, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S7975, A10218A

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Sponsor Memo

BILL NUMBER:S3881

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing nurse
practitioners to perform functions in conjunction with diagnosing an
illness

PURPOSE:
To clarify that nurse practitioners may perform various functions in
conjunction with clinical services within their scope of practice.

SUMMARY OF PROVISIONS:
Adds a new paragraph (h) to section 6902 of the Education Law to
clarify that a nurse practitioner may perform any function in
conjunction with a diagnosis or treatment that is within the nurse
practitioner's scope of practice, where a statute authorizes or
directs a physician to perform that function. For example, a nurse
practitioner could fill out a form certifying to a diagnosis, or
issue an order. This section shall not be construed to increase or
decrease the lawful scope of practice of a nurse practitioner.

JUSTIFICATION:
Under existing law, nurse practitioners are able to diagnose illness
and physical conditions, and perform therapeutic and corrective
measures within a specialty area of practice. Yet they are not
authorized by some statutes to perform many functions related to
their lawful practice. Following are examples of why this legislation
is needed.

Nurse practitioners are frequently the caregivers in attendance when a
patient passes away. with their extensive training and expertise,
they are fully qualified under their existing scope of practice to
issue death certificates.

Under current law, the attending physician must obtain the
contemporaneous consent of a patient with decisional capacity prior
to issuing a DNR. The decision by an individual about whether to
withhold resuscitation is a deeply personal one. It should be
contemplated in consultation with a person's
primary care provider, which in many instances is a nurse practitioner.
Because current law only allows physicians to execute a DNR, many
patients are deprived of the ability to make this decision in
collaboration with their primary care provider if such provider is a
nurse practitioner. Patients should not be limited to establishing a
DNR for themselves with a physician with whom they may have had
little or no direct contact.

Many children have a pediatric nurse practitioner as their primary
care provider. Nurse practitioners have the training, skill, and
familiarity necessary to recognize and certify pediatric patients who
are at risk of detrimental health effects from vaccines. In the
interest of common sense and efficiency, nurse practitioners should
be recognized as capable of making such certification when necessary.

LEGISLATIVE HISTORY:


2009-10: S.7975 - Referred to Higher Education.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  3881

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sen.  HANNON -- 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  authorizing  nurse
  practitioners  to  perform functions in conjunction with diagnosing an
  illness

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

  Section  1.  Subdivision  3  of  section  6902 of the education law is
amended by adding a new paragraph (h) to read as follows:
  (H) A NURSE PRACTITIONER MAY PERFORM ANY FUNCTION IN CONJUNCTION  WITH
THE  MAKING  OF  A  DIAGNOSIS  OF  ILLNESS OR PHYSICAL CONDITION, OR THE
PERFORMANCE OF THERAPEUTIC AND CORRECTIVE MEASURES  WITHIN  A  SPECIALTY
AREA  OF  PRACTICE  LAWFULLY  PERFORMED BY THE NURSE PRACTITIONER IN ANY
HEALTH CARE SETTING, THAT A STATUTE AUTHORIZES OR DIRECTS A PHYSICIAN TO
PERFORM. THIS SECTION SHALL NOT BE CONSTRUED TO INCREASE OR DECREASE THE
LAWFUL SCOPE OF PRACTICE OF A NURSE PRACTITIONER UNDER THIS CHAPTER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05376-01-1

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