senate Bill S2309A

2013-2014 Legislative Session

Allows certified nurse practitioners to practice without collaboration of a licensed physician

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 print number 2309a
amend and recommit to higher education
Jan 08, 2014 referred to higher education
Jan 15, 2013 referred to higher education

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S2309 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6902, add §6912, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S324
2009-2010: S2948B

S2309 - Bill Texts

view summary

Allows the practice of registered professional nursing by a certified nurse practitioner to include diagnosis and performance without collaboration of a licensed physician.

view sponsor memo
BILL NUMBER:S2309

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, and provide coverage for nurse
practitioner services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the nurse practice act in Education Law
to delete the requirements for a collaboration agreement and practice
protocols between nurse practitioners and physicians. Section 2
establishes a nurse practitioner advisory panel, appointed by the
Regents.

JUSTIFICATION: Nurse practitioners (NPs) Practice in a variety of
primary and specialty care settings including ambulatory, acute, long
term 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 advance 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 written
Practice agreement which can be as narrow or as broad as the MD is
willing. Elsewhere, NP's 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: 2008: Referred to and died in Higher
Education Committee 2009-10: Referred to and died in Higher Education
Committee 2011-12: Referred to and died in Rules Committee

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

EFFECTIVE DATE: Immediately, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2309

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  AVELLA, ESPAILLAT, HASSELL-THOMPSON,
  KLEIN, PERKINS -- 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.  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
six  thousand  nine  hundred ten of this article shall state whether the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06944-01-3

S. 2309                             2

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 2. The education law is amended by adding a new section 6911 to read
as follows:
  S 6911. NURSE PRACTITIONER ADVISORY PANEL. A NINE MEMBER NURSE PRACTI-
TIONER ADVISORY PANEL SHALL BE APPOINTED BY  THE  BOARD  OF  REGENTS  ON
RECOMMENDATION  OF  THE  COMMISSIONER  FOR  THE PURPOSE OF ASSISTING THE
BOARD OF REGENTS, THE BOARD FOR NURSING, AND THE COMMISSIONER ON MATTERS
RELATED TO THE PRACTICE OF REGISTERED NURSING AS A  NURSE  PRACTITIONER.
THE PANEL SHALL BE COMPOSED OF AT LEAST SIX LICENSED AND CERTIFIED NURSE
PRACTITIONERS,  AND  AT  LEAST  TWO  PERSONS  TO REPRESENT CONSUMERS AND
PATIENT GROUPS.
  S 3. This act shall take effect immediately; provided,  however,  that
section  one  of this act shall take effect on the one hundred eightieth
day after it shall have become a law; and provided, further, that effec-
tive immediately, 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.

Co-Sponsors

view additional co-sponsors

S2309A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6902, add §6912, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S324
2009-2010: S2948B

S2309A (ACTIVE) - Bill Texts

view summary

Allows the practice of registered professional nursing by a certified nurse practitioner to include diagnosis and performance without collaboration of a licensed physician.

view sponsor memo
BILL NUMBER:S2309A

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, and provide coverage for nurse
practitioner services.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends the nurse practice act in Education Law
to delete the requirements for a collaboration agreement and practice
protocols between nurse practitioners and physicians. Section 2
establishes a nurse practitioner advisory panel, appointed by the
Regents.

JUSTIFICATION: Nurse practitioners (NPs) Practice in a variety of
primary and specialty care settings including ambulatory, acute, long
term 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 advance certification by the
Nursing Board, many CPs 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 written
agreement which can be as narrow or as broad as the MD is willing.
Elsewhere, NP's 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: 2008: Referred to and died in Higher
Education Committee 2009-10: Referred to and died in Higher Education
Committee 2011-12: Referred to and died in Rules Committee; 2013: Died
in Committee

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

EFFECTIVE DATE: Immediately, with provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2309--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  AVELLA, ESPAILLAT, HASSELL-THOMPSON,
  KLEIN, PERKINS -- read twice and ordered printed, and when printed  to
  be  committed  to  the Committee on Higher Education -- recommitted to
  the Committee on Higher Education in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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. 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06944-07-4

S. 2309--A                          2

alent,  as  established  by  the  commissioner's  regulations,  prior to
prescribing under this subdivision. The certificate issued under section
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 2. The education law is amended by adding a new section 6912 to read
as follows:
  S 6912. NURSE PRACTITIONER ADVISORY PANEL. A NINE MEMBER NURSE PRACTI-
TIONER  ADVISORY  PANEL  SHALL  BE  APPOINTED BY THE BOARD OF REGENTS ON
RECOMMENDATION OF THE COMMISSIONER FOR  THE  PURPOSE  OF  ASSISTING  THE
BOARD OF REGENTS, THE BOARD FOR NURSING, AND THE COMMISSIONER ON MATTERS
RELATED  TO  THE PRACTICE OF REGISTERED NURSING AS A NURSE PRACTITIONER.
THE PANEL SHALL BE COMPOSED OF AT LEAST SIX LICENSED AND CERTIFIED NURSE
PRACTITIONERS, AND AT LEAST  TWO  PERSONS  TO  REPRESENT  CONSUMERS  AND
PATIENT GROUPS.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one  hundred  eightieth
day after it shall have become a law; and provided, further, that effec-
tive  immediately,  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.