S T A T E   O F   N E W   Y O R K
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                                  4140

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2015
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the public health law, the education  law,  the  general
  business  law  and  the vehicle and traffic law, in relation to making
  conforming changes reflecting the previously authorized scope of prac-
  tice of nurse practitioners

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

  Section  1.  Subdivisions 4 and 5 of section 3602 of the public health
law, as amended by chapter 600 of the laws of 2002, are amended to  read
as follows:
  4.  "Home  health  aide  services"  means  simple  health  care tasks,
personal hygiene services, housekeeping tasks essential to the patient's
health and other related supportive services.  Such  services  shall  be
prescribed by a physician in accordance with a plan of treatment for the
patient  and shall be under the supervision of a registered professional
nurse from a certified home health agency or, when appropriate,  from  a
provider  of a long term home health care program and of the appropriate
professional therapist from  such  agency  or  provider  when  the  aide
carries  out  simple  procedures  as an extension of physical, speech or
occupational therapy. Such services may also be prescribed or ordered by
a nurse practitioner to the extent authorized by law and consistent with
[the written  practice  agreement  pursuant  to]  subdivision  three  of
section  six  thousand  nine  hundred  two  of the education law and not
prohibited by federal law or regulation.
  5. "Personal care services" means services  to  assist  with  personal
hygiene,   dressing,  feeding  and  household  tasks  essential  to  the
patient's health. Such services shall be prescribed by  a  physician  in
accordance  with  a plan of home care supervised by a registered profes-
sional nurse. Such services may also be prescribed or ordered by a nurse
practitioner to the extent authorized by law and  consistent  with  [the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06937-01-5
              

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written practice agreement pursuant to] subdivision three of section six
thousand  nine  hundred  two  of the education law and not prohibited by
federal law or regulations.
  S 2. Subdivision 1 of section 579 of the public health law, as amended
by chapter 444 of the laws of 2013, is amended to read as follows:
  1.  This  title  is  applicable to all clinical laboratories and blood
banks operating within the state, except clinical laboratories and blood
banks operated by the federal government and clinical laboratories oper-
ated by a licensed physician, osteopath, dentist, midwife, nurse practi-
tioner, optometrist performing a clinical laboratory test that does  not
use  an  invasive modality as defined in section seventy-one hundred one
of the education law or podiatrist  who  performs  laboratory  tests  or
procedures,  personally  or  through  his or her employees, solely as an
adjunct to the treatment of his or  her  own  patients;  to  the  extent
authorized  by  federal and state law, including the education law[, and
consistent with any applicable written practice agreement].
  S 3. Paragraph a of subdivision 2 of section 902 of the education law,
as amended by chapter 477 of the laws of 2004, is  amended  to  read  as
follows:
  a.  The  board  of  education, and the trustee or board of trustees of
each school district, shall employ, at a compensation to be agreed  upon
by  the  parties,  a qualified physician, or a nurse practitioner to the
extent authorized by the nurse practice act  and  consistent  with  [the
written practice agreement pursuant to] subdivision three of section six
thousand  nine hundred two of this chapter, to perform the duties of the
director of school health services, including any  duties  conferred  on
the  school physician or school medical inspector under any provision of
law, to perform and coordinate the provision of health services  in  the
public  schools  and  to provide health appraisals of students attending
the public schools in the city or  district.  The  physicians  or  nurse
practitioners  so employed shall be duly licensed pursuant to applicable
law.
  S 4. Subdivision 1 of section 903 of the education law, as  separately
amended  by  section  11  of part B of chapter 58 and chapter 281 of the
laws of 2007, is amended to read as follows:
  1. A health certificate shall be furnished  by  each  student  in  the
public  schools upon his or her entrance in such schools and upon his or
her entry into the grades prescribed by the commissioner in regulations,
provided that such regulations shall require such certificates at  least
twice during the elementary grades and twice in the secondary grades. An
examination and health history of any child may be required by the local
school authorities at any time in their discretion to promote the educa-
tional  interests  of  such child. Each certificate shall be signed by a
duly licensed physician, physician assistant, or nurse practitioner, who
is authorized by law to practice in this state, and consistent with [any
applicable written practice agreement] SUBDIVISION THREE OF SECTION  SIX
THOUSAND  NINE HUNDRED TWO OF THIS CHAPTER, or by a duly licensed physi-
cian, physician assistant, or nurse practitioner, who is  authorized  to
practice  in  the  jurisdiction  in  which  the  examination  was given,
provided that the commissioner has determined that such jurisdiction has
standards of licensure and practice comparable to  those  of  New  York.
Each  such  certificate shall describe the condition of the student when
the examination was made, which shall not be  more  than  twelve  months
prior to the commencement of the school year in which the examination is
required,  and shall state whether such student is in a fit condition of
health to permit his or her attendance at the public schools. Each  such

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certificate  shall  also  state  the student's body mass index (BMI) and
weight status category.  For purposes of this section, BMI  is  computed
as  the weight in kilograms divided by the square of height in meters or
the  weight  in  pounds divided by the square of height in inches multi-
plied by a conversion factor of 703. Weight status categories for  chil-
dren  and adolescents shall be as defined by the commissioner of health.
In all school districts such physician,  physician  assistant  or  nurse
practitioner  shall  determine  whether  a one-time test for sickle cell
anemia is necessary or desirable and he or she shall conduct such a test
and the certificate shall state the results.
  S 5. Paragraph e of subdivision 1 of section 406 of the general  busi-
ness  law,  as amended by chapter 600 of the laws of 2002, is amended to
read as follows:
  e. Each application shall be accompanied by a certificate  of  a  duly
licensed  physician,  or  nurse practitioner to the extent authorized by
law and consistent with [the written  practice  agreement  pursuant  to]
subdivision three of section six thousand nine hundred two of the educa-
tion law on a form prescribed by the secretary, showing freedom from any
infectious  or  communicable  disease  which certificate shall have been
issued within thirty days prior to the date of the filing of the  appli-
cation.
  S  6.  Subdivision  3  of  section 433 of the general business law, as
added by chapter 801 of the laws of 1946, is amended to read as follows:
  3. To require all persons licensed or registered under this article to
submit to physical examination by  a  physician  OR  NURSE  PRACTITIONER
selected by the secretary of state.
  S  7.  Paragraph  (c)  of  subdivision 1 of section 434 of the general
business law, as amended by chapter 64 of the laws of 1988,  is  amended
to read as follows:
  (c)   The   certificate   of   a  duly  licensed  physician  OR  NURSE
PRACTITIONER, on a form prescribed by the secretary  of  state,  showing
freedom  from  any  infectious or communicable disease which certificate
shall have been issued within thirty days  prior  to  the  date  of  the
filing of the application;
  S 8. Subdivision 4 of section 404-a of the vehicle and traffic law, as
amended  by  chapter  686 of the laws of 1994, the opening paragraph and
paragraph (c) as amended by chapter 277 of the laws of 2012, is  amended
to read as follows:
  4.  Issue  of  plates.  The commissioner shall issue sets of plates to
such person in accordance with subdivision  two  of  this  section  with
proof  of  such  disability of such person or such members of his or her
family certified by a physician, physician assistant  or  nurse  practi-
tioner,  to the extent authorized by law[, including the education law,]
and consistent with [any applicable written practice agreement] SUBDIVI-
SION THREE OF SECTION SIX THOUSAND NINE HUNDRED  TWO  OF  THE  EDUCATION
LAW,  or  podiatrist  pursuant  to subdivision four-a of this section or
optometrist pursuant to subdivision  four-b  of  this  section,  to  the
satisfaction  of  the  commissioner  who  is  empowered to carry out the
effects of this section by formulating rules and regulations.
  For the purposes of this section, a "severely disabled  person"  shall
mean  any  person  having  any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
  (a) Has limited or no use of one or both lower limbs;
  (b) Has a neuro-muscular dysfunction which severely limits mobility;
  (c) Has a physical or mental impairment or condition  which  is  other
than  those  specified above, but is of such nature as to impose unusual

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hardship in utilization of public  transportation  facilities  and  such
condition  is  certified  by  a  physician, physician assistant or nurse
practitioner, to the extent authorized by law[, including the  education
law,]  and  consistent  with [any applicable written practice agreement]
SUBDIVISION THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF THE EDUCA-
TION LAW, duly licensed to practice [medicine] in this state, or, pursu-
ant to subdivision four-a of this section, a podiatrist duly licensed to
practice podiatry in this state or, pursuant to  subdivision  four-b  of
this section, an optometrist duly licensed to practice optometry in this
state,  as  constituting  an  equal degree of disability (specifying the
particular condition) so as to prevent such person from  getting  around
without  great  difficulty  in  accordance  with subdivision two of this
section; or
  (d) A blind person.
  S 9. Paragraph (b) of subdivision 5 of section 404-a  of  the  vehicle
and  traffic,  as amended by chapter 277 of the laws of 2012, is amended
to read as follows:
  (b) The commissioner may require the  applicant  for  registration  to
furnish  such proof of his or her disability or such proof of disability
of such members of his or her family from a physician, physician assist-
ant or nurse practitioner, to the extent authorized by  law[,  including
the education law,] and consistent with [any applicable written practice
agreement] SUBDIVISION THREE OF SECTION SIX THOUSAND NINE HUNDRED TWO OF
THE  EDUCATION LAW, or podiatrist pursuant to subdivision four-a of this
section or optometrist pursuant to subdivision four-b of  this  section,
as  the  commissioner deems necessary either for initial registration or
renewal thereof; provided,  however,  that  a  handicapped  or  disabled
permit  issued  by  a municipality to such applicant pursuant to section
twelve hundred three-a of this chapter shall be deemed sufficient  proof
of disability for purposes of this paragraph.
  S  10.  Subdivision 1 of section 509-g of the vehicle and traffic law,
as amended by chapter 149 of the laws of 2011, is  amended  to  read  as
follows:
  1.  A  biennial examination pursuant to regulations established by the
commissioner, by a physician, a  certified  nurse  practitioner  to  the
extent  authorized  by  law  and  consistent  with [the written practice
agreement pursuant to] subdivision three of section  six  thousand  nine
hundred  two  of  the education law, or a registered physician assistant
who is not the  personal  physician,  nurse  practitioner  or  physician
assistant  of  the  driver. Included shall be a requirement to conduct a
vision test pursuant to regulations issued by the commissioner.
  S 11. The amendments to the public health law, the education law,  the
general business law and the vehicle and traffic law enacted by this act
shall  not  be  construed to expand or contract the scope of practice of
any health care professional under title 8 of the education law.
  S 12. This act shall take effect immediately.