assembly Bill A9816

2021-2022 Legislative Session

Relates to allowing for unlicensed individuals to collect throat or nasopharyngeal swab specimens and to perform certain nursing tasks during a state of disaster emergency

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Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 19, 2022 referred to higher education

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A9816 (ACTIVE) - Details

See Senate Version of this Bill:
S1882
Current Committee:
Assembly Higher Education
Law Section:
Education Law
Laws Affected:
Amd §§6526 & 6908, Ed L
Versions Introduced in 2019-2020 Legislative Session:
S8569

A9816 (ACTIVE) - Summary

Allows for unlicensed individuals to collect throat or nasopharyngeal swab specimens and to perform certain nursing tasks during a state disaster emergency.

A9816 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9816
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation  to  allowing  for  unli-
   censed  individuals to collect throat or nasopharyngeal swab specimens
   and to perform certain nursing tasks during certain state of  disaster
   emergencies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6526 of the education law is amended  by  adding  a
 new subdivision 11 to read as follows:
   11. ANY PERSON IN A DECLARED STATE OF DISASTER EMERGENCY FOR A DISEASE
 OUTBREAK  OR EPIDEMIC, PURSUANT TO SECTION TWENTY-EIGHT OF THE EXECUTIVE
 LAW, SHALL BE PERMITTED, UPON  THE  SUCCESSFUL  COMPLETION  OF  TRAINING
 DEEMED ADEQUATE BY THE COMMISSIONER, TO COLLECT THROAT OR NASOPHARYNGEAL
 SWAB SPECIMENS FROM INDIVIDUALS SUSPECTED OF BEING INFECTED BY AN INFEC-
 TIOUS  DISEASE, FOR PURPOSES OF TESTING.  THE COMMISSIONER, IN CONSULTA-
 TION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH TRAINING  REQUIRE-
 MENTS  FOR  UNLICENSED  INDIVIDUALS  TO COLLECT THROAT OR NASOPHARYNGEAL
 SWAB SPECIMENS.
   § 2. Subdivision 1 of section 6908 of the education law is amended  by
 adding a new paragraph i to read as follows:
   I.  AS  PROHIBITING  IN  A  DECLARED STATE OF DISASTER EMERGENCY FOR A
 DISEASE OUTBREAK OR EPIDEMIC, PURSUANT TO SECTION  TWENTY-EIGHT  OF  THE
 EXECUTIVE  LAW,  TO  THE  EXTENT  NECESSARY, NON-NURSING STAFF, UPON THE
 SUCCESSFUL COMPLETION OF TRAINING DEEMED ADEQUATE BY  THE  COMMISSIONER,
 TO PERFORM TASKS, UNDER THE SUPERVISION OF A NURSE, OTHERWISE LIMITED TO
 THE  SCOPE  OF  PRACTICE OF A LICENSED OR REGISTERED NURSE.  THE COMMIS-
 SIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, SHALL ESTABLISH
 TRAINING REQUIREMENTS FOR NON-NURSING STAFF TO PERFORM THE TASKS PERMIT-
 TED BY THIS PARAGRAPH.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06049-01-1