Assembly Actions -
Senate Actions - UPPERCASE
|May 08, 2012
reported and committed to finance
|Jan 04, 2012
referred to higher education
|May 03, 2011
referred to higher education
Senate Bill S5048
2011-2012 Legislative Session
Archive: Last Bill Status - In Senate Committee Finance Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2011-S5048 (ACTIVE) - Details
2011-S5048 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5048 TITLE OF BILL: An act to amend the education law, in relation to the provision of nursing level care under a registered nurse's supervision PURPOSE OR GENERAL IDEA OF BILL: To permit nurses and patients in state-regulated (Public health law article 36) home care agencies to be able to exercise the authority under the existing nurse practice act for the provision of care at home. SUMMARY OF PROVISIONS: Amends clause (iii) of paragraph a of subdivision 1 of section 6908 of the education law, which is the current nurse practice act exemption that permits nurses and patients/family members to instruct home care aides in certain programs to provide care that would otherwise be permissible for family members under the scope of nursing. The proposed amendment would allow the exemption to apply to nurses/patients in Article 36 home care agencies as well. JUSTIFICATION: This current exemption in the nurse practice act originates from a 1992 chapter of law (chapter 795). Prior to that chapter, for a patient receiving home care, only a nurse or a family member (acting under an existing exemption to the nurse practice act) could provide care to the
2011-S5048 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5048 2011-2012 Regular Sessions I N S E N A T E May 3, 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 the provision of nurs- ing level care under a registered nurse's supervision THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause (iii) of paragraph a of subdivision 1 of section 6908 of the education law, as amended by chapter 160 of the laws of 2003, is amended to read as follows: (iii) the providing of care by a person acting in the place of a person exempt under clause (i) of this paragraph, but who does hold himself or herself out as one who accepts employment for performing such care, where nursing services are under the instruction of a licensed REGISTERED PROFESSIONAL nurse, or under the instruction of a patient or family or household member determined by a registered professional nurse to be self-directing and capable of providing such instruction, and any remuneration is provided under section three hundred sixty-five-f of the social services law OR FOR SERVICES UNDER AN ENTITY CERTIFIED, APPROVED OR LICENSED UNDER ARTICLE THIRTY-SIX OF THE PUBLIC HEALTH LAW; or S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11309-01-1
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