S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1122--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2017
                                ___________
 
 Introduced  by Sens. VALESKY, RITCHIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor  --  recom-
   mitted  to  the  Committee  on Labor 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 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-q to read as follows:
   §  13-Q.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06148-02-8
              

 S. 1122--A                          2
 
 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
 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.

 S. 1122--A                          3
 
   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
 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

 S. 1122--A                          4
 
 TO WRITE WORKERS' COMPENSATION INSURANCE IN THIS STATE OR FROM ANY SELF-
 INSURER, WHETHER SUCH EMPLOYMENT OR FEE RELATES TO  A  WORKERS'  COMPEN-
 SATION  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
 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

 S. 1122--A                          5

 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.
   § 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.