S T A T E   O F   N E W   Y O R K
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                                  10230

                          I N  A S S E M B L Y

                              May 17, 2016
                               ___________

Introduced  by  M.  of A. PAULIN, GOTTFRIED -- read once and referred to
  the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to diagnosis,
  care and treatment of injured employees by certified nurse practition-
  ers

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

  Section  1.  The  workers' compensation law is amended by adding a new
section 13-p to read as follows:
  S 13-P. DIAGNOSIS, CARE AND TREATMENT OF INJURED EMPLOYEES  BY  CERTI-
FIED NURSE PRACTITIONERS. 1. WHERE THE TERM "NURSE PRACTITIONER" IS USED
IN THIS SECTION, SUCH TERM SHALL MEAN A PERSON WHO IS DULY LICENSED AS A
REGISTERED  PROFESSIONAL  NURSE, CERTIFIED AS A NURSE PRACTITIONER UNDER
SECTION SIX THOUSAND NINE HUNDRED TEN OF THE EDUCATION LAW, AND PRACTIC-
ING IN COMPLIANCE WITH THE REQUIREMENTS OF  SECTION  SIX  THOUSAND  NINE
HUNDRED TWO OF THE EDUCATION LAW.
  (A)  NOTWITHSTANDING  THE  REQUIREMENTS OF SECTIONS THIRTEEN AND THIR-
TEEN-A OF THIS ARTICLE, AN INJURED EMPLOYEE, INJURED UNDER CIRCUMSTANCES
WHICH MAKE SUCH AN INJURY COMPENSABLE UNDER THIS ARTICLE,  MAY  LAWFULLY
BE  DIAGNOSED  AND TREATED BY A NURSE PRACTITIONER AND AUTHORIZED BY THE
CHAIR TO RENDER HEALTH CARE SERVICES  PURSUANT  TO  THIS  SECTION.  SUCH
SERVICES  SHALL BE WITHIN THE SCOPE OF THE NURSE PRACTITIONER AS DEFINED
IN PARAGRAPH (A) OF SUBDIVISION  THREE  OF  SECTION  SIX  THOUSAND  NINE
HUNDRED TWO OF THE EDUCATION LAW, AND SHALL INCLUDE PERFORMING INDEPEND-
ENT MEDICAL EXAMINATIONS.
  (B)  A  NURSE  PRACTITIONER RENDERING SERVICE PURSUANT TO THIS SECTION
SHALL MAINTAIN RECORDS OF THE PATIENT'S CONDITION AND NURSE PRACTITIONER
TREATMENT, AND SUCH RECORDS OR REPORTS SHALL BE SUBMITTED TO  THE  CHAIR
ON SUCH FORMS AND AT SUCH TIMES AS THE CHAIR MAY REQUIRE.
  2.  A NURSE PRACTITIONER WHO IS DESIROUS OF BEING AUTHORIZED TO RENDER
HEALTHCARE SERVICES UNDER THIS SECTION SHALL  FILE  AN  APPLICATION  FOR
AUTHORIZATION  UNDER  THIS  SECTION WITH THE NURSE PRACTITIONER PRACTICE
COMMITTEE. THE APPLICANT SHALL AGREE TO REFRAIN FROM SUBSEQUENTLY TREAT-
ING FOR REMUNERATION, AS A PRIVATE PATIENT,  ANY  PERSON  SEEKING  NURSE
PRACTITIONER HEALTHCARE SERVICES, IN CONNECTION WITH, OR AS A RESULT OF,
ANY INJURY COMPENSABLE UNDER THIS CHAPTER, IF HE OR SHE HAS BEEN REMOVED
FROM THE LIST OF NURSE PRACTITIONERS AUTHORIZED TO RENDER SERVICES UNDER
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11185-01-5

A. 10230                            2

THIS  CHAPTER.  THIS  AGREEMENT  SHALL RUN TO THE BENEFIT OF THE INJURED
PERSON SO TREATED, AND SHALL BE AVAILABLE AS A DEFENSE IN ANY ACTION  BY
SUCH NURSE PRACTITIONER FOR PAYMENT FOR TREATMENT RENDERED BY SUCH NURSE
PRACTITIONER  AFTER  BEING  REMOVED FROM THE LIST OF NURSE PRACTITIONERS
AUTHORIZED TO RENDER HEALTHCARE SERVICES UNDER THIS SECTION.  THE  NURSE
PRACTITIONER  PRACTICE COMMITTEE, IF IT DEEMS SUCH CERTIFIED NURSE PRAC-
TITIONER DULY QUALIFIED, SHALL RECOMMEND TO THE CHAIR THAT  SUCH  PERSON
BE  AUTHORIZED  TO  RENDER  HEALTHCARE SERVICES UNDER THIS SECTION. SUCH
RECOMMENDATIONS SHALL BE ONLY ADVISORY TO THE CHAIR  AND  SHALL  NOT  BE
BINDING  OR CONCLUSIVE. THE CHAIR SHALL PREPARE AND ESTABLISH A SCHEDULE
FOR THE STATE OR SCHEDULES LIMITED TO DEFINED LOCALITIES OF CHARGES  AND
FEES  FOR  NURSE  PRACTITIONER  TREATMENT  AND CARE, TO BE DETERMINED IN
ACCORDANCE WITH AND BE SUBJECT TO CHANGE PURSUANT TO  RULES  PROMULGATED
BY  THE CHAIR. BEFORE PREPARING SUCH SCHEDULE FOR THE STATE OR SCHEDULES
FOR LIMITED LOCALITIES THE CHAIR SHALL REQUEST  THE  NURSE  PRACTITIONER
PRACTICE  COMMITTEE  TO  SUBMIT  TO SUCH CHAIR A REPORT ON THE AMOUNT OF
REMUNERATION DEEMED BY SUCH COMMITTEE TO BE FAIR AND  ADEQUATE  FOR  THE
TYPES  OF  SERVICES TO BE RENDERED UNDER THIS CHAPTER, BUT CONSIDERATION
SHALL BE GIVEN TO THE VIEW OF OTHER INTERESTED  PARTIES.    THE  AMOUNTS
PAYABLE  BY  THE  EMPLOYER  FOR SUCH TREATMENT AND SERVICES SHALL BE THE
FEES AND CHARGES ESTABLISHED BY SUCH SCHEDULE.
  3. NO CLAIM  FOR  NURSE  PRACTITIONER  SERVICES  SHALL  BE  VALID  AND
ENFORCEABLE   AS   AGAINST  THE  EMPLOYER  OR  EMPLOYEES  UNLESS  WITHIN
FORTY-EIGHT HOURS FOLLOWING THE FIRST TREATMENT THE  NURSE  PRACTITIONER
GIVING  SUCH CARE OR TREATMENT FURNISHES TO THE EMPLOYER AND DIRECTLY TO
THE CHAIR A PRELIMINARY NOTICE OF SUCH INJURY AND TREATMENT, AND  WITHIN
FIFTEEN  DAYS  THEREAFTER  A MORE COMPLETE REPORT AND SUBSEQUENT THERETO
PROGRESS REPORTS AS REQUESTED IN WRITING BY THE CHAIR,  BOARD,  EMPLOYER
OR INSURANCE CARRIER, AT INTERVALS OF NOT LESS THAN THREE WEEKS APART OR
AT  LESS  FREQUENT  INTERVALS  IF  REQUESTED  ON FORMS PRESCRIBED BY THE
CHAIR.  THE BOARD MAY EXCUSE THE FAILURE TO GIVE SUCH NOTICES WITHIN THE
DESIGNATED PERIODS WHEN IT FINDS IT TO BE IN THE INTEREST OF JUSTICE  TO
DO SO.
  4.  FEES  FOR  NURSE  PRACTITIONER SERVICES SHALL BE PAYABLE ONLY TO A
DULY CERTIFIED NURSE PRACTITIONER, OR TO THE AGENT, EXECUTOR OR ADMINIS-
TRATOR OF THE ESTATE OF SUCH NURSE PRACTITIONER. NO  NURSE  PRACTITIONER
RENDERING  TREATMENT TO A COMPENSATION CLAIMANT SHALL COLLECT OR RECEIVE
A FEE FROM SUCH CLAIMANT WITHIN THIS STATE, BUT SHALL HAVE RECOURSE  FOR
PAYMENT  OF  SERVICES RENDERED ONLY TO THE EMPLOYER UNDER THE PROVISIONS
OF THIS SECTION.
  5. WHENEVER HIS OR HER ATTENDANCE AT A HEARING IS REQUIRED, THE  NURSE
PRACTITIONER  OF THE INJURED EMPLOYEE SHALL BE ENTITLED TO RECEIVE A FEE
FROM THE EMPLOYER IN AN AMOUNT TO BE FIXED BY THE BOARD, IN ADDITION  TO
ANY  FEE  PAYABLE UNDER SECTION EIGHT THOUSAND ONE OF THE CIVIL PRACTICE
LAW AND RULES.
  6. (A) UNLESS WITHIN THIRTY DAYS AFTER A BILL HAS BEEN RENDERED TO THE
EMPLOYER BY THE NURSE PRACTITIONER WHO HAS TREATED AN INJURED  EMPLOYEE,
SUCH  EMPLOYER SHALL HAVE NOTIFIED THE CHAIR AND SUCH NURSE PRACTITIONER
IN WRITING THAT SUCH EMPLOYER DEMANDS AN IMPARTIAL  EXAMINATION  OF  THE
FAIRNESS OF THE AMOUNT CLAIMED BY SUCH NURSE PRACTITIONER FOR HIS OR HER
SERVICES,  THE RIGHT TO SUCH AN IMPARTIAL EXAMINATION SHALL BE DEEMED TO
BE WAIVED AND THE AMOUNT CLAIMED BY SUCH  NURSE  PRACTITIONER  SHALL  BE
DEEMED  TO  BE  THE  FAIR VALUE OF THE SERVICES RENDERED. IF THE PARTIES
FAIL TO AGREE AS TO THE NURSE PRACTITIONER HEALTHCARE SERVICES  RENDERED
UNDER  THIS  CHAPTER  TO  A CLAIMANT, SUCH VALUE SHALL BE DECIDED BY THE
NURSE PRACTITIONER PRACTICE COMMITTEE AND THE MAJORITY DECISION OF  SUCH

A. 10230                            3

COMMITTEE  SHALL  BE  CONCLUSIVE UPON THE PARTIES AS TO THE VALUE OF THE
SERVICES RENDERED. THE BOARD MAY MAKE AN AWARD FOR ANY SUCH BILL OR PART
THEREOF WHICH REMAINS UNPAID IN THE SAME MANNER AS AN  AWARD  FOR  BILLS
RENDERED  UNDER SUBDIVISIONS ONE AND THREE OF SECTION THIRTEEN-G OF THIS
ARTICLE, AND SUCH AWARD MAY BE COLLECTED IN LIKE MANNER AS AN  AWARD  OF
COMPENSATION.  THE  CHAIR  SHALL ASSESS THE SUM OF FIFTY DOLLARS AGAINST
THE EMPLOYER FOR EACH SUCH AWARD MADE BY THE BOARD, WHICH SUM  SHALL  BE
PAID INTO THE STATE TREASURY.
  (B)  WHERE  A  NURSE PRACTITIONER'S BILL HAS BEEN DETERMINED TO BE DUE
AND OWING IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION,  THE  BOARD
MAY  IMPOSE A PENALTY OF NOT MORE THAN ONE AND ONE-HALF PERCENT INTEREST
PER MONTH PAYABLE TO THE LICENSED NURSE PRACTITIONER IN ACCORDANCE  WITH
THE RULES AND REGULATIONS PROMULGATED BY THE BOARD.
  (C)  THE  PARTIES TO SUCH PROCEEDING SHALL EACH PAY TO THE CHAIR A SUM
EQUAL TO FIVE PER CENTUM OF THE AMOUNT PAYABLE  UNDER  THE  DECISION  OF
SUCH  COMMITTEE OR A MINIMUM OF FIVE DOLLARS, WHICHEVER IS GREATER.  THE
SUMS SO COLLECTED SHALL BE TRANSFERRED TO THE STATE  TREASURY  TO  REIM-
BURSE IT ON ACCOUNT OF THE EXPENSE OF ADMINISTERING THIS SECTION.
  7.  WITHIN  THE  LIMITS  PRESCRIBED BY THE EDUCATION LAW FOR CERTIFIED
NURSE PRACTITIONER SERVICES, THE REPORT OR TESTIMONY  OF  AN  AUTHORIZED
NURSE  PRACTITIONER  CONCERNING THE CONDITION OF AN INJURED EMPLOYEE AND
TREATMENT THEREOF SHALL BE DEEMED COMPETENT  EVIDENCE  AND  THE  PROFES-
SIONAL OPINION OF THE NURSE PRACTITIONER AS TO CAUSAL RELATION AND AS TO
REQUIRED  TREATMENT  SHALL BE DEEMED COMPETENT BUT SHALL NOT BE CONTROL-
LING. NOTHING IN THIS SECTION SHALL BE DEEMED TO DEPRIVE ANY EMPLOYER OR
INSURANCE CARRIER OF ANY RIGHT TO A MEDICAL EXAMINATION OR  PRESENTATION
OF MEDICAL TESTIMONY NOW CONFERRED BY LAW.
  8.  THE  CHAIR  SHALL  PROMULGATE  RULES GOVERNING THE PROCEDURE TO BE
FOLLOWED BY NURSE PRACTITIONERS RENDERING HEALTHCARE SERVICES UNDER THIS
SECTION, WHICH RULES SO FAR AS PRACTICABLE SHALL CONFORM  TO  THE  RULES
PRESENTLY  IN  EFFECT WITH REFERENCE TO MEDICAL CARE FURNISHED TO CLAIM-
ANTS IN WORKERS' COMPENSATION. IN CONNECTION WITH  THE  PROMULGATION  OF
SUCH RULES THE CHAIR MAY CONSULT THE NURSE PRACTITIONER PRACTICE COMMIT-
TEE  AND  MAY  TAKE  INTO  CONSIDERATION  THE  VIEW  OF OTHER INTERESTED
PARTIES.
  9. THE CHAIR SHALL APPOINT FOR AND WITH  JURISDICTION  IN  THE  ENTIRE
STATE  OF  NEW  YORK  A  SINGLE  NURSE  PRACTITIONER  PRACTICE COMMITTEE
COMPOSED OF TWO CERTIFIED NURSE PRACTITIONERS,  AND  ONE  DULY  LICENSED
PHYSICIAN  OF THE STATE OF NEW YORK. EACH MEMBER OF SUCH COMMITTEE SHALL
RECEIVE COMPENSATION EITHER ON AN ANNUAL BASIS OR ON A PER DIEM BASIS TO
BE FIXED BY THE CHAIR WITHIN AMOUNTS APPROPRIATED THEREFOR. ONE OF  SUCH
NURSE  PRACTITIONERS SHALL BE DESIGNATED BY THE CHAIR AS A CHAIR OF SUCH
NURSE PRACTITIONER PRACTICE COMMITTEE. NO MEMBER OF SUCH COMMITTEE SHALL
RENDER HEALTHCARE SERVICES UNDER THIS SECTION  NOR  BE  AN  EMPLOYER  OR
ACCEPT  OR  PARTICIPATE IN ANY FEE FROM ANY INSURANCE COMPANY AUTHORIZED
TO WRITE WORKERS' COMPENSATION INSURANCE  IN  THIS  STATE  OR  FROM  ANY
SELF-INSURER,  WHETHER  SUCH  EMPLOYMENT  OR  FEE  RELATES TO A WORKERS'
COMPENSATION CLAIM OR OTHERWISE. THE  ATTORNEY  GENERAL,  UPON  REQUEST,
SHALL ADVISE AND ASSIST SUCH COMMITTEE.
  10.  THE NURSE PRACTITIONER PRACTICE COMMITTEE SHALL INVESTIGATE, HEAR
AND MAKE FINDINGS WITH RESPECT TO ALL  CHARGES  AS  TO  PROFESSIONAL  OR
OTHER  MISCONDUCT  OF  ANY  AUTHORIZED NURSE PRACTITIONER AS PROVIDED IN
THIS SECTION UNDER RULES AND PROCEDURES TO BE PRESCRIBED  BY  THE  CHAIR
AND  SHALL  REPORT  EVIDENCE OF SUCH MISCONDUCT, WITH THEIR FINDINGS AND
RECOMMENDATIONS WITH RESPECT THERETO, TO THE CHAIR. THE FINDINGS,  DECI-
SION  AND  RECOMMENDATION  OF SUCH NURSE PRACTITIONER PRACTICE COMMITTEE

A. 10230                            4

SHALL BE ADVISORY TO THE CHAIR ONLY, AND SHALL NOT BE BINDING OR CONCLU-
SIVE UPON HIM OR HER. THE CHAIR SHALL REMOVE FROM THE LIST OF  CERTIFIED
NURSE  PRACTITIONERS AUTHORIZED TO RENDER HEALTHCARE SERVICES UNDER THIS
CHAPTER  THE  NAME  OF  ANY  NURSE PRACTITIONER WHO HE OR SHE SHALL FIND
AFTER REASONABLE INVESTIGATION IS DISQUALIFIED BECAUSE SUCH NURSE  PRAC-
TITIONER:  (A)  HAS  BEEN  GUILTY OF PROFESSIONAL OR OTHER MISCONDUCT OR
INCOMPETENCY IN CONNECTION WITH THE RENDERING  OF  HEALTHCARE  SERVICES,
(B)  HAS  EXCEEDED  THE  LIMITS OF HIS OR HER PROFESSIONAL COMPETENCE IN
RENDERING HEALTHCARE SERVICES UNDER THE LAW, OR HAS  MADE  FALSE  STATE-
MENTS REGARDING QUALIFICATIONS IN THE APPLICATION FOR AUTHORIZATION, (C)
HAS  FAILED  TO  SUBMIT  TIMELY,  FULL  AND  TRUTHFUL NURSE PRACTITIONER
HEALTHCARE SERVICES EVALUATION AND TREATMENT REPORTS OF ALL FINDINGS  TO
THE  EMPLOYER  AND  DIRECTLY  TO  THE CHAIR OF THE BOARD WITHIN THE TIME
LIMITS PROVIDED IN THIS SECTION, (D)  HAS  RENDERED  NURSE  PRACTITIONER
SERVICES  UNDER  THIS  CHAPTER FOR A FEE LESS THAN THAT FIXED IN THE FEE
SCHEDULE, (E) HAS SOLICITED OR  HAS  EMPLOYED  ANOTHER  TO  SOLICIT  FOR
HIMSELF OR HERSELF OR FOR ANOTHER PROFESSIONAL TREATMENT, EXAMINATION OR
CARE  OF  AN INJURED EMPLOYEE WITH ANY CLAIM UNDER THIS CHAPTER, (F) HAS
REFUSED TO APPEAR BEFORE OR ANSWER UPON REQUEST  OF  THE  CHAIR,  BOARD,
NURSE  PRACTITIONER PRACTICE COMMITTEE OR ANY DULY AUTHORIZED OFFICER OF
THE STATE, ANY LEGAL QUESTION OR PRODUCE  ANY  RELEVANT  BOOK  OR  PAPER
CONCERNING  CONDUCT UNDER AN AUTHORIZATION GRANTED UNDER LAW, OR (G) HAS
DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED OR PARTICIPATED IN THE  DIVI-
SION,  TRANSFERENCE,  ASSIGNMENT,  REBATING, SPLITTING OR REFUNDING OF A
FEE FOR, OR HAS DIRECTLY OR INDIRECTLY REQUESTED, RECEIVED  OR  PROFITED
BY  MEANS  OF  A CREDIT OR OTHERWISE VALUABLE CONSIDERATION AS A COMMIS-
SION, DISCOUNT OR GRATUITY IN CONNECTION WITH THE TREATMENT OF  A  WORK-
ERS' COMPENSATION CLAIMANT.
  11. ANY PERSON WHO VIOLATES OR ATTEMPTS TO VIOLATE, AND ANY PERSON WHO
AIDS  ANOTHER TO VIOLATE OR ATTEMPTS TO INDUCE HIM OR HER TO VIOLATE THE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION TEN OF THIS SECTION SHALL  BE
GUILTY OF A MISDEMEANOR.
  12.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED AS LIMITING IN ANY
RESPECT THE POWER OR DUTY OF  THE  CHAIR  TO  INVESTIGATE  INSTANCES  OF
MISCONDUCT,  EITHER  BEFORE  OR AFTER INVESTIGATION BY THE NURSE PRACTI-
TIONER PRACTICE COMMITTEE, OR TO TEMPORARILY SUSPEND  THE  AUTHORIZATION
OF  ANY NURSE PRACTITIONER BELIEVED TO BE GUILTY OF SUCH MISCONDUCT. THE
PROVISIONS OF SUBDIVISION ONE OF  SECTION  THIRTEEN-D  OF  THIS  ARTICLE
WHICH  ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS SECTION SHALL BE
APPLICABLE AS IF FULLY SET FORTH IN THIS SECTION.
  13. NOTHING CONTAINED IN THIS SECTION SHALL PROHIBIT NURSE PRACTITION-
ERS WHO PRACTICE AS PARTNERS, IN GROUPS OR AS A PROFESSIONAL CORPORATION
FROM POOLING FEES  AND  MONEYS  RECEIVED,  EITHER  BY  THE  PARTNERSHIP,
PROFESSIONAL  CORPORATION OR GROUP OR BY THE INDIVIDUAL MEMBERS THEREOF,
FOR PROFESSIONAL  SERVICES  FURNISHED  BY  ANY  INDIVIDUAL  PROFESSIONAL
MEMBER, OR EMPLOYEE OF SUCH PARTNERSHIP, CORPORATION OR GROUP, NOR SHALL
THE PROFESSIONALS CONSTITUTING THE PARTNERSHIPS, CORPORATIONS, OR GROUPS
BE PROHIBITED FROM SHARING, DIVIDING OR APPORTIONING THE FEES AND MONEYS
RECEIVED  BY THEM OR BY THE PARTNERSHIP, CORPORATION OR GROUP IN ACCORD-
ANCE WITH A PARTNERSHIP OR OTHER AGREEMENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or  repeal of any rules and regulations necessary to implement
the provisions of this act on its effective date are  authorized  to  be
made on or before such effective date.