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Senate Bill S6334

2025-2026 Legislative Session

Expands the description of certain services which are not prohibited by statutes governing the practice of nursing

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Current Bill Status - In Assembly Committee

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2025-S6334 (ACTIVE) - Details

See Assembly Version of this Bill:
A7284
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6908, Ed L
Versions Introduced in 2023-2024 Legislative Session:
A7704

2025-S6334 (ACTIVE) - Summary

Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.

2025-S6334 (ACTIVE) - Sponsor Memo

2025-S6334 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6334
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  expanding  the
   description  of  certain services which are not prohibited by statutes
   governing the practice of nursing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 1 of
 section 6908 of the education law is renumbered subparagraph (vi) and  a
 new subparagraph (v) is added to read as follows:
   (V)  TASKS  PROVIDED  BY  A DIRECT SUPPORT STAFF IN NON-FACILITY BASED
 PROGRAMS CERTIFIED OR APPROVED BY THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES,  WHEN PERFORMED UNDER THE INSTRUCTION OF A SERVICE
 RECIPIENT, FAMILY, OR HOUSEHOLD MEMBER IN ACCORDANCE WITH  AND  PURSUANT
 TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE, PROVIDED THAT:
   (1)  A REGISTERED PROFESSIONAL NURSE DETERMINES, IN THEIR PROFESSIONAL
 JUDGMENT, WHICH TASKS ARE TO BE PERFORMED BASED UPON:
   (A) THE COMPLEXITY OF THE TASKS;
   (B) THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT STAFF;
   (C) THE HEALTH STATUS AND SPECIFIC CARE NEEDS OF THE  SERVICE  RECIPI-
 ENT; AND
   (D)  THE  SERVICE  RECIPIENT,  FAMILY,  OR HOUSEHOLD MEMBER IS ABLE TO
 EFFECTIVELY AND EFFICIENTLY TRAIN AND INSTRUCT THE DIRECT SUPPORT  STAFF
 PROVIDING TASKS;
   (2)  ONLY  A  DIRECT  SUPPORT  STAFF  THAT  HAS  COMPLETED TRAINING AS
 REQUIRED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH;
   (3) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS OF AN
 INDIVIDUAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00694-02-5
 S. 6334                             2

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