NY State Senate Bill 2023-S769A

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 22, 2024	print number 769b
May 22, 2024	amend and recommit to higher education
Jan 03, 2024	referred to higher education
May 15, 2023	print number 769a
May 15, 2023	amend and recommit to higher education
Jan 06, 2023	referred to higher education

Bill Amendments

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B (Active)

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2023-S769 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 139-A §§6912 - 6919, amd §§6903 & 6904, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5435
2025-2026: S357

2023-S769 - Summary

Defines the practice of certified registered nurse anesthetist; requires collaboration with a licensed physician qualified to determine the need for anesthesia services; requires licensing; defines qualifications.

2023-S769 - Sponsor Memo

                                 
BILL NUMBER: S769

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the education law, in relation to creating the profes-
sion of nurse anesthetist

 
PURPOSE:

This bill creates a scope of practice for certified registered nurse
anesthetists

 
SUMMARY OF PROVISIONS:

Section 1 of this bill creates a new Article 139-A of the education law
and defines the scope of practice for certified registered nurse anesth-
etist.

Section 2 amends the references to who can use the title of nurse.
Certified registered nurse anesthetists (CRNAs) practice is not codified
in law in New York. Instead, the scope of practice for CRNAs is defined

through educational requirements and Health Department regulations. This
bill would create the profession of CRNAs and outline a scope of prac-
tice that is reflective of their training and education in New York.
Existing requirements for training, education, and certification of
CRNAs have resulted in high quality, professional care, and it is time
to codify and further define the existing requirements.

CRNAs have been providing anesthesia care to patients for more than 15C
years. The value and need for CRNAs was highlighted at a new level
during the COVID-19 pandemic when CRNAs stepped into key leadership
roles in treating COVID-19 patients. Given the need and value of CRNAs,
it is imperative to codify a scope of practice for CRNAs.

 
LEGISLATIVE HISTORY:

2021-22: S.5435B, referred to Higher Education

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined
 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S769 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    769
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens.  COONEY,  BAILEY, JACKSON, RAMOS, RIVERA, SALAZAR,
   SKOUFIS -- 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 creating the profes-
   sion of nurse anesthetist

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new article 139-A
 to read as follows:
                               ARTICLE 139-A
                  CERTIFIED REGISTERED NURSE ANESTHETIST
 SECTION 6912. INTRODUCTION.
         6913. DEFINITIONS.
         6914. DEFINITION  OF  PRACTICE  OF  CERTIFIED  REGISTERED  NURSE
                 ANESTHETIST.
         6915. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE
                 OF THE TITLE "CERTIFIED REGISTERED NURSE ANESTHETIST" OR
                 "NURSE ANESTHETIST".
         6916. STATE BOARD FOR NURSING.
         6917. REQUIREMENTS FOR A LICENSE AS A CERTIFIED REGISTERED NURSE
                 ANESTHETIST.
         6918. LIMITED PERMITS.
         6919. EXEMPT PERSONS.
         6920. SPECIAL PROVISIONS.
   § 6912. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF CERTI-
 FIED  REGISTERED  NURSE  ANESTHETIST.  THE  GENERAL  PROVISIONS  FOR ALL
 PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE  APPLY
 TO THIS ARTICLE.
   § 6913. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "HEALTHCARE FACILITY" MEANS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02498-01-3
 S. 769                              2

 
   A.  A  HOSPITAL  OR AMBULATORY SURGERY CENTER AUTHORIZED UNDER ARTICLE
 TWENTY-EIGHT OF THE PUBLIC HEALTH LAW;
   B.  A  FACILITY AUTHORIZED TO PERFORM OFFICE-BASED SURGERY PURSUANT TO
 ARTICLE TWO OF SECTION TWO HUNDRED THIRTY-D OF THE PUBLIC HEALTH LAW; OR
   C. THE OFFICE OF A PROFESSIONAL LICENSED  TO  PRACTICE  IN  THE  STATE
 PURSUANT TO ARTICLE ONE HUNDRED THIRTY-THREE OF THE EDUCATION LAW.
   2.  "PERI-ANESTHETIC  PERIOD" MEANS THE PERIOD OF TIME COMMENCING UPON
 THE PRE-OPERATIVE EVALUATION OF THE PATIENT BEFORE  SURGERY  AND  ENDING
 UPON THE PATIENT'S POST-OPERATIVE DISCHARGE.
   3.  "PERI-OBSTETRIC  PERIOD"  MEANS THE PERIOD OF TIME COMMENCING UPON
 THE PREANESTHETIC PREPARATION OR EVALUATION, ANESTHESIA INDUCTION, MAIN-
 TENANCE OR EMERGENCE, OR POSTANESTHESIA CARE OF  THE  OBSTETRIC  PATIENT
 AND ENDING UPON THE PATIENT'S POST-OBSTETRIC DISCHARGE.
   4.  "PERI-PROCEDURAL  PERIOD" MEANS THE PERIOD OF TIME COMMENCING UPON
 THE PRE-PROCEDURE EVALUATION OF  THE  PATIENT  BEFORE  A  PROCEDURE  AND
 ENDING UPON THE PATIENT'S POST-PROCEDURE DISCHARGE.
   5.  "COLLABORATING  PHYSICIAN"  MEANS  AN  ANESTHESIOLOGIST  OR  OTHER
 LICENSED PHYSICIAN  QUALIFIED  TO  DETERMINE  THE  NEED  FOR  ANESTHESIA
 SERVICES.
   §  6914. DEFINITION OF PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHE-
 TIST. 1. IN ADDITION  TO  THE  PROVISIONS  OF  PRACTICE  FOR  REGISTERED
 PROFESSIONAL  NURSING OUTLINED IN SECTION SIXTY-NINE HUNDRED TWO OF THIS
 TITLE, THE PRACTICE OF A CERTIFIED REGISTERED NURSE ANESTHETIST  FURTHER
 INCLUDES,  BUT  IS  NOT  LIMITED  TO,  ADMINISTRATION OF ANESTHESIA TO A
 PATIENT DURING THE PERI-ANESTHETIC, PERI-OBSTETRIC,  OR  PERI-PROCEDURAL
 PERIOD  AT  A HEALTHCARE FACILITY; PERFORMING AND DOCUMENTING A PREANES-
 THETIC ASSESSMENT AND EVALUATION OF THE  PATIENT,  INCLUDING  REQUESTING
 CONSULTATIONS  AND  DIAGNOSTIC  STUDIES; SELECTING, OBTAINING, ORDERING,
 AND  ADMINISTERING  PREANESTHETIC  MEDICATIONS  AND  FLUIDS;   OBTAINING
 INFORMED  CONSENT  FOR  ANESTHESIA, DEVELOPING AND IMPLEMENTING AN ANES-
 THETIC PLAN; INITIATING THE ANESTHETIC TECHNIQUE; MONITORING THE PATIENT
 INCLUDING SELECTING, APPLYING, AND INSERTING APPROPRIATE NONINVASIVE AND
 INVASIVE  MONITORING  MODALITIES  FOR  CONTINUOUS  EVALUATION   OF   THE
 PATIENT'S  PHYSICAL  STATUS; SELECTING, OBTAINING, AND ADMINISTERING THE
 ANESTHETICS, ADJUVANT AND  ACCESSORY  DRUGS,  AND  FLUIDS  NECESSARY  TO
 MANAGE THE ANESTHETIC; ORDERING AND EVALUATING LABORATORY AND DIAGNOSTIC
 TESTS  AND  PERFORMING  POINT-OF-CARE  TESTING;  ORDERING AND EVALUATING
 RADIOGRAPHIC IMAGING STUDIES; MANAGING A PATIENT'S AIRWAY AND  PULMONARY
 STATUS  USING  CURRENT  PRACTICE  MODALITIES; FACILITATING EMERGENCE AND
 RECOVERY FROM ANESTHESIA BY SELECTING, OBTAINING, ORDERING AND  ADMINIS-
 TERING  MEDICATIONS,  FLUIDS,  AND  VENTILATORY SUPPORT; DISCHARGING THE
 PATIENT FROM A POSTANESTHESIA CARE  AREA  AND  PROVIDING  POSTANESTHESIA
 FOLLOW-UP  EVALUATION  AND  CARE;  IMPLEMENTING  ACUTE  AND CHRONIC PAIN
 MANAGEMENT MODALITIES; AND RESPONDING TO EMERGENCY SITUATIONS BY PROVID-
 ING AIRWAY MANAGEMENT, ADMINISTRATION OF EMERGENCY FLUIDS AND DRUGS, AND
 USING BASIC OR ADVANCED CARDIAC LIFE SUPPORT TECHNIQUES.
   2. NURSE ANESTHESIA MUST BE PROVIDED IN COLLABORATION WITH  A  COLLAB-
 ORATING  PHYSICIAN,  PROVIDED  SUCH SERVICES ARE PERFORMED IN ACCORDANCE
 WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS AS  SET
 FORTH  IN  SUBDIVISION FOUR OF THIS SECTION OR PURSUANT TO COLLABORATIVE
 RELATIONSHIPS AS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION, WHICHEV-
 ER IS APPLICABLE.
   3. PRESCRIPTIONS FOR DRUGS, DEVICES, AND ANESTHETIC AGENTS, ANESTHESIA
 RELATED AGENTS, AND ANALGESICS MAY BE ISSUED BY A  CERTIFIED  REGISTERED
 NURSE  ANESTHETIST  DURING THE PERI-ANESTHETIC, PERI-OBSTETRIC, OR PERI-
 OPERATIVE PERIOD, IN ACCORDANCE WITH THE WRITTEN PRACTICE AGREEMENT  AND
 S. 769                              3
 
 WRITTEN PRACTICE PROTOCOLS DESCRIBED IN SUBDIVISION FOUR OF THIS SECTION
 IF  APPLICABLE.  THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL OBTAIN
 A CERTIFICATE FROM THE DEPARTMENT UPON SUCCESSFULLY COMPLETING A PROGRAM
 INCLUDING  AN  APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS
 ESTABLISHED BY THE  COMMISSIONER'S  REGULATIONS,  PRIOR  TO  PRESCRIBING
 UNDER  THIS  SUBDIVISION.  THE  LICENSE  ISSUED UNDER THIS ARTICLE SHALL
 STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS SUCCESSFUL-
 LY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO PRESCRIBE
 UNDER THIS SUBDIVISION.
   4. A CERTIFIED REGISTERED NURSE ANESTHETIST LICENSED UNDER THIS  ARTI-
 CLE  AND  PRACTICING FOR THIRTY-SIX HUNDRED HOURS OR LESS SHALL DO SO IN
 ACCORDANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTO-
 COLS AGREED UPON BY A COLLABORATING PHYSICIAN, WHO SHALL  BE  REASONABLY
 AVAILABLE FOR CONSULTATION AS NEEDED.
   (A)  THE  WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLICIT PROVISIONS
 FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLABORATING  PHYSI-
 CIAN  AND  THE CERTIFIED REGISTERED NURSE ANESTHETIST REGARDING A MATTER
 OF ANESTHESIA OR PAIN MANAGEMENT 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 TREATMENT SHALL PREVAIL.
   (B) 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  CERTIFIED  REGISTERED
 NURSE  ANESTHETIST AND THE COLLABORATING PHYSICIAN SHALL BE AVAILABLE IN
 THE PRACTICE SETTING OF THE CERTIFIED REGISTERED NURSE ANESTHETIST.
   (C) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED  MEDICAL  AND
 NURSING  PRACTICE.  THE COMMISSIONER SHALL MAKE REGULATIONS ESTABLISHING
 THE PROCEDURE FOR THE REVIEW OF PROTOCOLS AND  THE  DISPOSITION  OF  ANY
 ISSUES ARISING FROM SUCH REVIEW.
   5.  A CERTIFIED REGISTERED NURSE ANESTHETIST LICENSED UNDER THIS ARTI-
 CLE AND PRACTICING FOR MORE THAN THIRTY-SIX  HUNDRED  HOURS  SHALL  HAVE
 COLLABORATIVE  RELATIONSHIPS  WITH ONE OR MORE COLLABORATING PHYSICIANS,
 WHO SHALL BE REASONABLY AVAILABLE  FOR  CONSULTATION  AS  NEEDED,  OR  A
 HOSPITAL,  LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW,
 THAT PROVIDES SERVICES THROUGH COLLABORATING  PHYSICIANS  HAVING  PRIVI-
 LEGES AT SUCH INSTITUTION.
   (A)  FOR  PURPOSES  OF THIS SUBDIVISION, "COLLABORATIVE RELATIONSHIPS"
 SHALL MEAN THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL  COMMU-
 NICATE,  WHETHER  IN  PERSON, BY TELEPHONE OR THROUGH WRITTEN (INCLUDING
 ELECTRONIC) MEANS, WITH A COLLABORATING PHYSICIAN, OR, IN THE CASE OF  A
 HOSPITAL,  COMMUNICATE  WITH A COLLABORATING PHYSICIAN HAVING PRIVILEGES
 AT SUCH HOSPITAL, FOR THE PURPOSES OF EXCHANGING INFORMATION, AS NEEDED,
 IN ORDER TO PROVIDE COMPREHENSIVE PATIENT CARE AND TO MAKE REFERRALS  AS
 NECESSARY.
   (B)  AS EVIDENCE THAT THE CERTIFIED REGISTERED NURSE ANESTHETIST MAIN-
 TAINS  COLLABORATIVE  RELATIONSHIPS,  THE  CERTIFIED  REGISTERED   NURSE
 ANESTHETIST  SHALL  COMPLETE AND MAINTAIN A FORM, CREATED BY THE DEPART-
 MENT, TO WHICH THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL  ATTEST,
 THAT  DESCRIBES  SUCH  COLLABORATIVE RELATIONSHIPS. SUCH FORM SHALL ALSO
 REFLECT THE CERTIFIED  REGISTERED  NURSE  ANESTHETIST'S  ACKNOWLEDGEMENT
 THAT  IF  REASONABLE  EFFORTS TO RESOLVE ANY DISPUTE THAT MAY ARISE WITH
 THE COLLABORATING PHYSICIAN OR, IN THE CASE OF A  COLLABORATION  WITH  A
 HOSPITAL,  WITH  A  COLLABORATING  PHYSICIAN  HAVING  PRIVILEGES AT SUCH
 HOSPITAL, ABOUT A PATIENT'S CARE ARE NOT SUCCESSFUL, THE  RECOMMENDATION
 OF THE PHYSICIAN SHALL PREVAIL. SUCH FORM SHALL BE UPDATED AS NEEDED AND
 MAY  BE  SUBJECT  TO  REVIEW BY THE DEPARTMENT. THE CERTIFIED REGISTERED
 S. 769                              4

 NURSE ANESTHETIST SHALL MAINTAIN DOCUMENTATION THAT SUPPORTS SUCH COLLA-
 BORATIVE RELATIONSHIPS.
   6.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO LIMIT OR DIMINISH THE
 PRACTICE OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL NURSE
 UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE OR  ANY  OTHER  LAW,
 RULE,  REGULATION  OR  CERTIFICATION, NOR TO DENY ANY REGISTERED PROFES-
 SIONAL NURSE THE RIGHT TO DO ANY ACT OR ENGAGE IN ANY  PRACTICE  AUTHOR-
 IZED  BY ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE OR ANY OTHER LAW,
 RULE, REGULATION OR CERTIFICATION.
   § 6915. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE  OF
 THE  TITLE  "CERTIFIED  REGISTERED NURSE ANESTHETIST" OR "NURSE ANESTHE-
 TIST." ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE
 SHALL PRACTICE AS A CERTIFIED  REGISTERED  NURSE  ANESTHETIST  OR  NURSE
 ANESTHETIST,  PROVIDED THAT ANY PERSON WHO WAS PRACTICING AS A CERTIFIED
 REGISTERED NURSE ANESTHETIST IN THE STATE BEFORE THE EFFECTIVE  DATE  OF
 THIS ARTICLE SHALL HAVE THE RIGHT TO CONTINUE USING THE TITLE.
   § 6916. STATE BOARD FOR NURSING. THE STATE BOARD FOR NURSING AS ESTAB-
 LISHED  IN  SECTION  SIXTY-NINE  HUNDRED FOUR OF THIS TITLE SHALL BE THE
 GOVERNING STATE BOARD FOR CERTIFIED REGISTERED NURSE ANESTHETISTS.
   § 6917. REQUIREMENTS FOR A LICENSE AS  A  CERTIFIED  REGISTERED  NURSE
 ANESTHETIST.  TO  QUALIFY  FOR A LICENSE AS A CERTIFIED REGISTERED NURSE
 ANESTHETIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. LICENSE: BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
   3. EDUCATION: HAVE RECEIVED A MASTER'S DEGREE OR HIGHER IN  A  PROGRAM
 OF NURSE ANESTHESIA IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4.  EXAMINATION:  MEET  THE  STANDARDS  TO SIT FOR THE CERTIFYING EXAM
 PROVIDED BY THE NATIONAL BOARD FOR CERTIFICATION OF NURSE ANESTHETISTS;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   6.  FEES:  PAY A FEE OF FIFTY DOLLARS TO THE DEPARTMENT FOR AN INITIAL
 LICENSE AND A FEE OF THIRTY  DOLLARS  FOR  EACH  TRIENNIAL  REGISTRATION
 PERIOD; AND
   7.  INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
 TION OF EACH TRIENNIAL REGISTRATION, PROVIDE TO THE DEPARTMENT, AND  THE
 DEPARTMENT SHALL COLLECT, SUCH INFORMATION AND DOCUMENTATION REQUIRED BY
 THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF HEALTH, AS IS
 NECESSARY TO ENABLE THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEED-
 ED SERVICES IN THIS STATE, INCLUDING, BUT NOT LIMITED TO,  THE  LOCATION
 AND  TYPE  OF SETTING WHEREIN THE CERTIFIED REGISTERED NURSE ANESTHETIST
 PRACTICES AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
 DEPARTMENT OF HEALTH, DEEMS  RELEVANT.  THE  DEPARTMENT  OF  HEALTH,  IN
 CONSULTATION  WITH  THE  DEPARTMENT,  SHALL  MAKE SUCH DATA AVAILABLE IN
 AGGREGATE, DE-IDENTIFIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE.    ADDI-
 TIONALLY,  IN  CONJUNCTION WITH EACH TRIENNIAL REGISTRATION, THE DEPART-
 MENT, IN CONSULTATION WITH  THE  DEPARTMENT  OF  HEALTH,  SHALL  PROVIDE
 INFORMATION  ON  REGISTERING  IN  THE DONATE LIFE REGISTRY FOR ORGAN AND
 TISSUE DONATION, INCLUDING THE WEBSITE ADDRESS FOR SUCH REGISTRY.
   § 6918. LIMITED PERMITS. 1. A PERMIT TO PRACTICE AS A CERTIFIED REGIS-
 TERED NURSE ANESTHETIST MAY BE ISSUED BY THE DEPARTMENT UPON THE  FILING
 OF AN APPLICATION FOR A LICENSE AS A CERTIFIED REGISTERED NURSE ANESTHE-
 TIST  AND  SUBMISSION  OF  SUCH  OTHER INFORMATION AS THE DEPARTMENT MAY
 REQUIRE TO (A) GRADUATES OF SCHOOLS OF NURSE  ANESTHESIA  REGISTERED  BY
 THE  DEPARTMENT OR (B) GRADUATES OF SCHOOLS OF NURSE ANESTHESIA APPROVED
 IN ANOTHER STATE, PROVINCE, OR COUNTRY.
 S. 769                              5
 
   2. SUCH LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE
 OR UPON NOTICE TO THE APPLICANT BY THE DEPARTMENT THAT  THE  APPLICATION
 FOR  LICENSE  HAS BEEN DENIED. THE LIMITED PERMIT MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
   3.  A  LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE NURSE ANES-
 THESIA ONLY UNDER  THE  SUPERVISION  OF  A  CERTIFIED  REGISTERED  NURSE
 ANESTHETIST  OR  COLLABORATING  PHYSICIAN  CURRENTLY  REGISTERED IN THIS
 STATE AND WITH THE ENDORSEMENT OF THE EMPLOYING AGENCY.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   § 6919. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED:
   1. AS APPLYING 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;
   2. AS PROHIBITING THE FURNISHING OF  NURSE  ANESTHESIA  ASSISTANCE  IN
 CASE OF AN EMERGENCY;
   3.  AS  PROHIBITING  SUCH  PERFORMANCE  OF NURSE ANESTHESIA SERVICE BY
 STUDENTS ENROLLED IN REGISTERED SCHOOLS OR PROGRAMS AS MAY BE INCIDENTAL
 TO THEIR COURSE OF STUDY;
   4. AS PROHIBITING OR PREVENTING THE PRACTICE OF  NURSE  ANESTHESIA  IN
 THIS  STATE BY ANY LEGALLY QUALIFIED NURSE OR PRACTICAL NURSE OF ANOTHER
 STATE, PROVINCE, OR COUNTRY WHOSE ENGAGEMENT  REQUIRES  HIM  OR  HER  TO
 ACCOMPANY  AND  CARE  FOR  A  PATIENT TEMPORARILY RESIDING IN THIS STATE
 DURING THE PERIOD OF SUCH  ENGAGEMENT  PROVIDED  SUCH  PERSON  DOES  NOT
 REPRESENT OR HOLD HIMSELF OR HERSELF OUT AS A CERTIFIED REGISTERED NURSE
 ANESTHETIST REGISTERED TO PRACTICE IN THIS STATE;
   5.  AS  PROHIBITING  OR PREVENTING THE PRACTICE OF NURSE ANESTHESIA IN
 THIS STATE DURING AN EMERGENCY OR  DISASTER  BY  ANY  LEGALLY  QUALIFIED
 NURSE  ANESTHETIST  OF  ANOTHER  STATE,  PROVINCE, OR COUNTRY WHO MAY BE
 RECRUITED BY THE AMERICAN NATIONAL RED CROSS OR  PURSUANT  TO  AUTHORITY
 VESTED  IN  THE  STATE  CIVIL  DEFENSE  COMMISSION FOR SUCH EMERGENCY OR
 DISASTER SERVICE, PROVIDED  SUCH  PERSON  DOES  NOT  REPRESENT  OR  HOLD
 HIMSELF  OR  HERSELF  OUT  AS  A  CERTIFIED REGISTERED NURSE ANESTHETIST
 REGISTERED TO PRACTICE IN THIS STATE;
   6. AS PROHIBITING OR PREVENTING THE PRACTICE OF  NURSE  ANESTHESIA  IN
 THIS  STATE,  IN OBEDIENCE TO THE REQUIREMENTS OF THE LAWS OF THE UNITED
 STATES, BY ANY COMMISSIONED NURSE ANESTHETIST OFFICER IN THE ARMED FORC-
 ES OF THE UNITED STATES OR BY ANY  NURSE  ANESTHETIST  EMPLOYED  IN  THE
 UNITED  STATES  VETERANS  ADMINISTRATION  OR UNITED STATES PUBLIC HEALTH
 SERVICE WHILE ENGAGED IN THE PERFORMANCE OF THE ACTUAL DUTIES PRESCRIBED
 FOR HIM OR HER UNDER THE UNITED STATES STATUTES,  PROVIDED  SUCH  PERSON
 DOES  NOT REPRESENT OR HOLD HIMSELF OR HERSELF OUT AS A CERTIFIED REGIS-
 TERED NURSE ANESTHETIST REGISTERED TO PRACTICE IN THIS STATE; OR
   7. AS PROHIBITING THE CARE OF THE SICK WHEN DONE  IN  CONNECTION  WITH
 THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH.
   §  6920.  SPECIAL PROVISIONS. A CERTIFIED REGISTERED NURSE ANESTHETIST
 LICENSED UNDER THIS ARTICLE IS REQUIRED TO  PURCHASE  AND  MAINTAIN,  OR
 OTHERWISE  BE  COVERED BY, PROFESSIONAL LIABILITY INSURANCE IN AN AMOUNT
 NOT LESS ONE MILLION DOLLARS PER CLAIM WITH AN AGGREGATE  LIABILITY  FOR
 ALL  CLAIMS  DURING  THE  YEAR  OF  THREE  MILLION DOLLARS. PROFESSIONAL
 LIABILITY INSURANCE REQUIRED BY THIS SECTION SHALL COVER ALL ACTS WITHIN
 THE SCOPE OF PRACTICE OF REGISTERED NURSE ANESTHETIST.
   § 2. Section 6903 of the education law, as amended by chapter  323  of
 the laws of 2006, is amended to read  as follows:
   § 6903. Practice  of nursing and use of title "registered professional
 nurse" or "licensed practical nurse". Only a person licensed  or  other-
 wise  authorized  under  this  article shall practice nursing and only a
 S. 769                              6
 
 person licensed under section sixty-nine hundred five  of  this  article
 shall  use  the  title "registered professional nurse" and only a person
 licensed under section sixty-nine hundred six of this article shall  use
 the  title  "licensed  practical  nurse".  No person shall use the title
 "nurse" or any other title or abbreviation that would represent  to  the
 public  that  the  person  is  authorized to practice nursing unless the
 person is licensed or otherwise authorized under this article OR ARTICLE
 ONE HUNDRED THIRTY-NINE-A OF THIS TITLE.
   § 3. Section 6904 of the education law, as amended by chapter  994  of
 the laws of 1971 and as renumbered by chapter 50 of the laws of 1972, is
 amended to read as follows:
   § 6904. State  board  for nursing.  A state board for nursing shall be
 appointed by the board of regents on recommendation of the  commissioner
 for  the purpose of assisting the board of regents and the department on
 matters of professional licensing and professional conduct in accordance
 with section sixty-five hundred eight of this title.  The board shall be
 composed of not less than [fifteen] SEVENTEEN members,  eleven  of  whom
 shall  be  registered  professional  nurses  and  four  of whom shall be
 licensed practical nurses AND TWO OF WHOM SHALL BE CERTIFIED  REGISTERED
 NURSE  ANESTHETISTS  all  licensed  and  practicing in this state for at
 least five years.    An  executive  secretary  to  the  board  shall  be
 appointed  by the board of regents on recommendation of the commissioner
 and shall be a registered professional nurse registered in this state.
   § 4. This act shall take effect immediately.

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2023-S769A - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 139-A §§6912 - 6919, amd §§6903 & 6904, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5435
2025-2026: S357

2023-S769A - Summary

2023-S769A - Sponsor Memo

                                 
BILL NUMBER: S769A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the education law, in relation to creating the profes-
sion of nurse anesthetist

 
PURPOSE OF THE BILL:

This bill creates a scope of practice for certified registered nurse
anesthetists

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new Article 139-A of the education law
and defines the scope of practice for certified registered nurse anesth-
etist.

Section 2 amends the references to who can use the title of nurse.

Section 3 expands the number of members on the state board of nursing.

Section 4 is the effective date.

 
JUSTIFICATION:

Certified registered nurse anesthetists (CRNAs) practice is not codified
in law in New York. Instead, the scope of practice for CRNAs is defined
through educational requirements and Health Department regulations. This
bill would create the profession of CRNAs and outline a scope of prac-
tice that is reflective of their training and education in New York.
Existing requirements for training, education, and certification of
CRNAs have resulted in high quality, professional care, and it is time
to codify and further define the existing requirements.

CRNAs have been providing anesthesia care to patients for more than 15C
years. The value and need for CRNAs was highlighted at a new level
during the COVID-19 pandemic when CRNAs stepped into key leadership
roles in treating COVID-19 patients. Given the need and value of CRNAs,
it is imperative to codify a scope of practice for CRNAs.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.5435B, referred to Higher Education

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S769A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  769--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens. COONEY, ADDABBO, BAILEY, GALLIVAN, HARCKHAM, JACK-
   SON, PALUMBO, PARKER, RAMOS, RIVERA, SALAZAR, SKOUFIS  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Higher  Education  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to creating  the  profes-
   sion of nurse anesthetist
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article  139-A
 to read as follows:
                               ARTICLE 139-A
                  CERTIFIED REGISTERED NURSE ANESTHETIST
 SECTION 6912. INTRODUCTION.
         6913. DEFINITION  OF  PRACTICE  OF  CERTIFIED  REGISTERED  NURSE
                 ANESTHETIST.
         6914. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE
                 OF THE TITLE "CERTIFIED REGISTERED NURSE ANESTHETIST" OR
                 "NURSE ANESTHETIST".
         6915. STATE BOARD FOR NURSING.
         6916. REQUIREMENTS FOR A LICENSE AS A CERTIFIED REGISTERED NURSE
                 ANESTHETIST.
         6917. LIMITED PERMITS.
         6918. EXEMPT PERSONS.
         6919. SPECIAL PROVISIONS.
   § 6912. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF CERTI-
 FIED REGISTERED  NURSE  ANESTHETIST.  THE  GENERAL  PROVISIONS  FOR  ALL
 PROFESSIONS  CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE APPLY
 TO THIS ARTICLE.
   § 6913. DEFINITION OF PRACTICE OF CERTIFIED REGISTERED NURSE  ANESTHE-
 TIST.  1.  IN  ADDITION  TO  THE  PROVISIONS  OF PRACTICE FOR REGISTERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02498-02-3

 S. 769--A                           2
 
 PROFESSIONAL NURSING OUTLINED IN SECTION SIXTY-NINE HUNDRED TWO OF  THIS
 TITLE,  THE PRACTICE OF A CERTIFIED REGISTERED NURSE ANESTHETIST FURTHER
 INCLUDES, BUT IS  NOT  LIMITED  TO,  ADMINISTRATION  OF  ANESTHESIA  AND
 SEDATION  TO  A  PATIENT;  PERFORMING  AND  DOCUMENTING  A PREANESTHETIC
 ASSESSMENT AND EVALUATION OF THE PATIENT, INCLUDING REQUESTING CONSULTA-
 TIONS AND DIAGNOSTIC STUDIES; SELECTING, OBTAINING, ORDERING, AND ADMIN-
 ISTERING  PREANESTHETIC  MEDICATIONS  AND  FLUIDS;  OBTAINING   INFORMED
 CONSENT  FOR ANESTHESIA, DEVELOPING AND IMPLEMENTING AN ANESTHETIC PLAN;
 INITIATING THE ANESTHETIC TECHNIQUE; MONITORING  THE  PATIENT  INCLUDING
 SELECTING,  APPLYING, AND INSERTING APPROPRIATE NONINVASIVE AND INVASIVE
 MONITORING MODALITIES FOR CONTINUOUS EVALUATION OF THE  PATIENT'S  PHYS-
 ICAL  STATUS;  SELECTING,  OBTAINING, AND ADMINISTERING THE ANESTHETICS,
 ADJUVANT AND ACCESSORY DRUGS, AND FLUIDS NECESSARY TO MANAGE ANESTHETICS
 AND ACUTE AND CHRONIC PAIN; ORDERING AND EVALUATING LABORATORY AND DIAG-
 NOSTIC TESTS AND PERFORMING POINT-OF-CARE TESTING; ORDERING AND EVALUAT-
 ING RADIOGRAPHIC  IMAGING  STUDIES;  MANAGING  A  PATIENT'S  AIRWAY  AND
 CARDIOPULMONARY  STATUS  USING CURRENT PRACTICE MODALITIES; FACILITATING
 EMERGENCE AND RECOVERY FROM ANESTHESIA BY SELECTING, OBTAINING, ORDERING
 AND  ADMINISTERING  MEDICATIONS,  FLUIDS,   AND   VENTILATORY   SUPPORT;
 DISCHARGING  THE  PATIENT  FROM A POSTANESTHESIA CARE AREA AND PROVIDING
 POSTANESTHESIA FOLLOW-UP EVALUATION AND  CARE;  IMPLEMENTING  ACUTE  AND
 CHRONIC  PAIN  MANAGEMENT MODALITIES; RESPONDING TO EMERGENCY SITUATIONS
 BY PROVIDING AIRWAY MANAGEMENT, ADMINISTRATION OF EMERGENCY  FLUIDS  AND
 DRUGS,  AND USING BASIC OR ADVANCED CARDIAC LIFE SUPPORT TECHNIQUES; AND
 PRESCRIBE TESTS, DRUGS AND OTHER TREATMENTS NECESSARY TO ANESTHESIA CARE
 PROVIDED BY A NURSE ANESTHETIST.
   2. A CERTIFIED REGISTERED NURSE ANESTHETIST LICENSED UNDER THIS  ARTI-
 CLE  AND  PRACTICING  FOR  THIRTY-SIX  HUNDRED HOURS OR LESS SHALL DO SO
 UNDER THE DIRECTION OF A PHYSICIAN, DENTIST OR PODIATRIST. FOR  PURPOSES
 OF THIS SECTION, DIRECTION SHALL MEAN THE COORDINATION AND COMMUNICATION
 BETWEEN  THE  PHYSICIAN,  DENTIST OR PODIATRIST AND THE CERTIFIED REGIS-
 TERED NURSE ANESTHETIST FOR THE CARE OF THE  PATIENT.  AFTER  PRACTICING
 FOR  MORE  THAN  THIRTY-SIX  HUNDRED HOURS, A CERTIFIED REGISTERED NURSE
 ANESTHETIST SHALL FUNCTION IN AN INTERDEPENDENT ROLE AS A  MEMBER  OF  A
 HEALTH CARE TEAM IN WHICH THE MEDICAL CARE OF A PATIENT IS OVERSEEN BY A
 PHYSICIAN, DENTIST OR PODIATRIST.
   3. PRESCRIPTIONS FOR DRUGS, DEVICES, AND ANESTHETIC AGENTS, ANESTHESIA
 RELATED  AGENTS,  AND ANALGESICS MAY BE ISSUED BY A CERTIFIED REGISTERED
 NURSE ANESTHETIST NECESSARY TO  ANESTHESIA  CARE  PROVIDED  BY  A  NURSE
 ANESTHETIST.   THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL OBTAIN A
 CERTIFICATE FROM THE DEPARTMENT UPON SUCCESSFULLY COMPLETING  A  PROGRAM
 INCLUDING  AN  APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS
 ESTABLISHED BY THE  COMMISSIONER'S  REGULATIONS,  PRIOR  TO  PRESCRIBING
 UNDER  THIS  SUBDIVISION.  THE  LICENSE  ISSUED UNDER THIS ARTICLE SHALL
 STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS SUCCESSFUL-
 LY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO PRESCRIBE
 UNDER THIS SUBDIVISION.
   4. NOTHING IN THIS SECTION SHALL BE DEEMED TO LIMIT  OR  DIMINISH  THE
 PRACTICE OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL NURSE
 UNDER  ARTICLE  ONE  HUNDRED THIRTY-NINE OF THIS TITLE OR ANY OTHER LAW,
 RULE, REGULATION OR CERTIFICATION, NOR TO DENY  ANY  REGISTERED  PROFES-
 SIONAL  NURSE  THE RIGHT TO DO ANY ACT OR ENGAGE IN ANY PRACTICE AUTHOR-
 IZED BY ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE OR ANY OTHER  LAW,
 RULE, REGULATION OR CERTIFICATION.
   §  6914. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE OF
 THE TITLE "CERTIFIED REGISTERED NURSE ANESTHETIST"  OR  "NURSE  ANESTHE-
 S. 769--A                           3
 
 TIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE
 SHALL  PRACTICE  AS  A  CERTIFIED  REGISTERED NURSE ANESTHETIST OR NURSE
 ANESTHETIST, PROVIDED THAT ANY PERSON WHO WAS PRACTICING AS A  CERTIFIED
 REGISTERED  NURSE  ANESTHETIST IN THE STATE BEFORE THE EFFECTIVE DATE OF
 THIS ARTICLE SHALL HAVE THE RIGHT TO CONTINUE USING THE TITLE.   CONTIN-
 UED  USE  OF  SUCH  TITLE AFTER THAT SHALL BE DEPENDENT UPON SUCH PERSON
 APPLYING FOR AND OBTAINING A LICENSE FROM THE DEPARTMENT AS A  CERTIFIED
 REGISTERED NURSE ANESTHETIST PURSUANT TO THIS ARTICLE WITHIN THREE YEARS
 FROM THE EFFECTIVE DATE OF THIS ARTICLE.
   § 6915. STATE BOARD FOR NURSING. THE STATE BOARD FOR NURSING AS ESTAB-
 LISHED  IN  SECTION  SIXTY-NINE  HUNDRED FOUR OF THIS TITLE SHALL BE THE
 GOVERNING STATE BOARD FOR CERTIFIED REGISTERED NURSE ANESTHETISTS.
   § 6916. REQUIREMENTS FOR A LICENSE AS  A  CERTIFIED  REGISTERED  NURSE
 ANESTHETIST.  TO  QUALIFY  FOR A LICENSE AS A CERTIFIED REGISTERED NURSE
 ANESTHETIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2. LICENSE: BE NEW YORK STATE LICENSED AND CURRENTLY REGISTERED  AS  A
 REGISTERED PROFESSIONAL NURSE;
   3.  EDUCATION:  HAVE RECEIVED A MASTER'S DEGREE OR HIGHER IN A PROGRAM
 OF NURSE ANESTHESIA FROM A  PROGRAM  REGISTERED  BY  THE  DEPARTMENT  OR
 DETERMINED  BY THE DEPARTMENT TO BE SUBSTANTIALLY EQUIVALENT OR MEET THE
 REQUIREMENTS OF SECTION SIXTY-NINE HUNDRED NINETEEN OF THIS ARTICLE;
   4. EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT;
   6. FEES: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT  FOR
 AN  INITIAL LICENSE AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGIS-
 TRATION PERIOD; AND
   7. INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A  CONDI-
 TION OF EACH TRIENNIAL REGISTRATION A CERTIFIED REGISTERED NURSE ANESTH-
 ETIST SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT,
 SUCH  INFORMATION  AND  DOCUMENTATION  REQUIRED  BY  THE  DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS IS  NECESSARY  TO  ENABLE
 THE  DEPARTMENT  OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
 STATE, INCLUDING, BUT NOT LIMITED TO, THE LOCATION AND TYPE  OF  SETTING
 WHEREIN  THE  CERTIFIED REGISTERED NURSE ANESTHETIST PRACTICES AND OTHER
 INFORMATION THE DEPARTMENT,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 HEALTH,  DEEMS  RELEVANT. THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH
 THE DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE,  DE-IDENTI-
 FIED  FORM  ON A PUBLICLY ACCESSIBLE WEBSITE.  ADDITIONALLY, IN CONJUNC-
 TION WITH EACH TRIENNIAL REGISTRATION, THE DEPARTMENT,  IN  CONSULTATION
 WITH  THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON REGISTERING
 IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
 WEBSITE ADDRESS FOR SUCH REGISTRY.
   § 6917. LIMITED PERMITS. 1. A PERMIT TO PRACTICE AS A CERTIFIED REGIS-
 TERED NURSE ANESTHETIST MAY BE ISSUED BY THE DEPARTMENT UPON THE  FILING
 OF AN APPLICATION FOR A LICENSE AS A CERTIFIED REGISTERED NURSE ANESTHE-
 TIST  AND  SUBMISSION  OF  SUCH  OTHER INFORMATION AS THE DEPARTMENT MAY
 REQUIRE TO (A) GRADUATES OF SCHOOLS OF NURSE  ANESTHESIA  REGISTERED  BY
 THE  DEPARTMENT OR (B) GRADUATES OF SCHOOLS OF NURSE ANESTHESIA APPROVED
 IN ANOTHER STATE, PROVINCE, OR COUNTRY.
   2. SUCH LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUANCE
 OR UPON NOTICE TO THE APPLICANT BY THE DEPARTMENT THAT  THE  APPLICATION
 FOR  LICENSE  HAS BEEN DENIED. THE LIMITED PERMIT MAY BE RENEWED, AT THE
 DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
 S. 769--A                           4
 
   3. A LIMITED PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE  NURSE  ANES-
 THESIA  ONLY  IN  A  HEALTH CARE FACILITY UNDER THE PERSONAL, ON-PREMISE
 SUPERVISION OF A CERTIFIED REGISTERED NURSE ANESTHETIST OR COLLABORATING
 PHYSICIAN CURRENTLY REGISTERED IN THIS STATE AND WITH THE ENDORSEMENT OF
 THE EMPLOYING AGENCY.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   § 6918. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED:
   1.  AS  APPLYING 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;
   2.  AS  PROHIBITING  THE  FURNISHING OF NURSE ANESTHESIA ASSISTANCE IN
 CASE OF AN EMERGENCY;
   3. AS PROHIBITING SUCH PERFORMANCE  OF  NURSE  ANESTHESIA  SERVICE  BY
 STUDENTS  ENROLLED IN DEPARTMENT REGISTERED NURSE ANESTHESIA PROGRAMS OR
 STUDENTS ENROLLED IN OTHER NURSE ANESTHESIA PROGRAMS THAT ARE AUTHORIZED
 PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR OF  THIS  CHAPTER  TO  PLACE
 SUCH STUDENTS IN CLINICAL ROTATIONS IN NEW YORK STATE;
   4.  AS  PROHIBITING  OR PREVENTING THE PRACTICE OF NURSE ANESTHESIA IN
 THIS STATE BY ANY LEGALLY QUALIFIED NURSE OR PRACTICAL NURSE OF  ANOTHER
 STATE,  PROVINCE,  OR  COUNTRY  WHOSE  ENGAGEMENT REQUIRES HIM OR HER TO
 ACCOMPANY AND CARE FOR A PATIENT  TEMPORARILY  RESIDING  IN  THIS  STATE
 DURING  THE  PERIOD  OF  SUCH  ENGAGEMENT  PROVIDED SUCH PERSON DOES NOT
 REPRESENT OR HOLD HIMSELF OR HERSELF OUT AS A CERTIFIED REGISTERED NURSE
 ANESTHETIST REGISTERED TO PRACTICE IN THIS STATE;
   5. AS PROHIBITING OR PREVENTING THE PRACTICE OF  NURSE  ANESTHESIA  IN
 THIS  STATE  DURING  AN  EMERGENCY  OR DISASTER BY ANY LEGALLY QUALIFIED
 NURSE ANESTHETIST OF ANOTHER STATE, PROVINCE,  OR  COUNTRY  WHO  MAY  BE
 RECRUITED  BY  THE  AMERICAN NATIONAL RED CROSS OR PURSUANT TO AUTHORITY
 VESTED IN THE STATE CIVIL  DEFENSE  COMMISSION  FOR  SUCH  EMERGENCY  OR
 DISASTER  SERVICE,  PROVIDED  SUCH  PERSON  DOES  NOT  REPRESENT OR HOLD
 HIMSELF OR HERSELF OUT  AS  A  CERTIFIED  REGISTERED  NURSE  ANESTHETIST
 REGISTERED TO PRACTICE IN THIS STATE;
   6.  AS  PROHIBITING  OR PREVENTING THE PRACTICE OF NURSE ANESTHESIA IN
 THIS STATE, IN OBEDIENCE TO THE REQUIREMENTS OF THE LAWS OF  THE  UNITED
 STATES, BY ANY COMMISSIONED NURSE ANESTHETIST OFFICER IN THE ARMED FORC-
 ES  OF  THE  UNITED  STATES  OR BY ANY NURSE ANESTHETIST EMPLOYED IN THE
 UNITED STATES VETERANS ADMINISTRATION OR  UNITED  STATES  PUBLIC  HEALTH
 SERVICE WHILE ENGAGED IN THE PERFORMANCE OF THE ACTUAL DUTIES PRESCRIBED
 FOR  HIM  OR  HER UNDER THE UNITED STATES STATUTES, PROVIDED SUCH PERSON
 DOES NOT REPRESENT OR HOLD HIMSELF OR HERSELF OUT AS A CERTIFIED  REGIS-
 TERED NURSE ANESTHETIST REGISTERED TO PRACTICE IN THIS STATE; OR
   7.  AS  PROHIBITING  THE CARE OF THE SICK WHEN DONE IN CONNECTION WITH
 THE PRACTICE OF THE RELIGIOUS TENETS OF ANY CHURCH.
   § 6919. SPECIAL PROVISIONS. 1. A CERTIFIED REGISTERED  NURSE  ANESTHE-
 TIST  LICENSED  UNDER THIS ARTICLE, WHILE PROVIDING SERVICES TO PATIENTS
 IN NEW YORK STATE, IS REQUIRED TO PURCHASE AND MAINTAIN, OR OTHERWISE BE
 COVERED BY, PROFESSIONAL LIABILITY INSURANCE IN AN AMOUNT NOT LESS  THAN
 ONE MILLION DOLLARS PER CLAIM WITH AN AGGREGATE LIABILITY FOR ALL CLAIMS
 DURING  THE YEAR OF THREE MILLION DOLLARS. PROFESSIONAL LIABILITY INSUR-
 ANCE REQUIRED BY THIS SECTION SHALL COVER ALL ACTS WITHIN THE  SCOPE  OF
 PRACTICE OF REGISTERED NURSE ANESTHETIST.
   2.  IT  SHALL  BE  LAWFUL  FOR AN INDIVIDUAL PRACTICING AS A CERTIFIED
 REGISTERED NURSE ANESTHETIST IN THIS STATE AS OF THE EFFECTIVE  DATE  OF
 THIS SECTION THAT DOES NOT MEET THE EDUCATIONAL REQUIREMENTS TO CONTINUE
 SUCH PRACTICE PROVIDED THAT SUCH CERTIFIED REGISTERED NURSE ANESTHETIST:
 (A)  SUBMITS  EVIDENCE  OF CERTIFICATION AS A CERTIFIED REGISTERED NURSE
 S. 769--A                           5
 
 ANESTHETIST BY AN APPROPRIATE NATIONAL  CERTIFYING  BODY;  AND  (B)  HAS
 CONTINUALLY  MAINTAINED  ACTIVE,  UP-TO-DATE RECERTIFICATION STATUS AS A
 CERTIFIED REGISTERED NURSE ANESTHETIST BY AN APPROPRIATE NATIONAL RECER-
 TIFYING BODY.
   §  2.  Section 6903 of the education law, as amended by chapter 323 of
 the laws of 2006, is amended to read  as follows:
   § 6903. Practice of nursing and use of title "registered  professional
 nurse"  or  "licensed practical nurse". Only a person licensed or other-
 wise authorized under this article shall practice  nursing  and  only  a
 person  licensed  under  section sixty-nine hundred five of this article
 shall use the title "registered professional nurse" and  only  a  person
 licensed  under section sixty-nine hundred six of this article shall use
 the title "licensed practical nurse". No  person  shall  use  the  title
 "nurse"  or  any other title or abbreviation that would represent to the
 public that the person is authorized  to  practice  nursing  unless  the
 person is licensed or otherwise authorized under this article OR ARTICLE
 ONE HUNDRED THIRTY-NINE-A OF THIS TITLE.
   §  3.  Section 6904 of the education law, as amended by chapter 994 of
 the laws of 1971 and as renumbered by chapter 50 of the laws of 1972, is
 amended to read as follows:
   § 6904. State board for nursing.  A state board for nursing  shall  be
 appointed  by the board of regents on recommendation of the commissioner
 for the purpose of assisting the board of regents and the department  on
 matters of professional licensing and professional conduct in accordance
 with section sixty-five hundred eight of this title.  The board shall be
 composed  of  not  less than [fifteen] SEVENTEEN members, eleven of whom
 shall be registered professional  nurses  and  four  of  whom  shall  be
 licensed  practical nurses AND TWO OF WHOM SHALL BE CERTIFIED REGISTERED
 NURSE ANESTHETISTS all licensed and practicing  in  this  state  for  at
 least  five  years.    An  executive  secretary  to  the  board shall be
 appointed by the board of regents on recommendation of the  commissioner
 and shall be a registered professional nurse registered in this state.
   §  4. This act shall take effect one year after it shall have become a
 law.

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2023-S769B (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 139-A §§6912 - 6919, amd §§6903 & 6904, Ed L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5435
2025-2026: S357

2023-S769B (ACTIVE) - Summary

2023-S769B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S769B

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the education law, in relation to creating the profes-
sion of nurse anesthetist

 
PURPOSE OF THE BILL:

This bill creates a scope of practice for certified registered nurse
anesthetists

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill creates a new Article 139-A of the education law
and defines the scope of practice for certified registered nurse anesth-
etist.

Section 2 amends the references to who can use the title of nurse.

Section 3 expands the number of members on the state board of nursing.

Section 4 is the effective date.

 
JUSTIFICATION:

Certified registered nurse anesthetists (CRNAs) practice is not codified
in law in New York. Instead, the scope of practice for CRNAs is defined
through educational requirements and Health Department regulations. This
bill would create the profession of CRNAs and outline a scope of prac-
tice that is reflective of their training and education in New York.
Existing requirements for training, education, and certification of
CRNAs have resulted in high quality, professional care, and it is time
to codify and further define the existing requirements.

CRNAs have been providing anesthesia care to patients for more than 15C
years. The value and need for CRNAs was highlighted at a new level
during the COVID-19 pandemic when CRNAs stepped into key leadership
roles in treating COVID-19 patients. Given the need and value of CRNAs,
it is imperative to codify a scope of practice for CRNAs.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.5435B, referred to Higher Education

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S769B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  769--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced by Sens. COONEY, ADDABBO, BAILEY, FERNANDEZ, GALLIVAN, GONZA-
   LEZ, HARCKHAM, HELMING, HINCHEY, PALUMBO, PARKER, RAMOS, RIVERA, SALA-
   ZAR,  SANDERS,  SKOUFIS,  WEBB  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Higher  Education  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on High-
   er 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 creating the profes-
   sion of nurse anesthetist
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The education law is amended by adding a new article 139-A
 to read as follows:
                               ARTICLE 139-A
                  CERTIFIED REGISTERED NURSE ANESTHETIST
 SECTION 6920. INTRODUCTION.
         6921. DEFINITION  OF  PRACTICE  OF  CERTIFIED  REGISTERED  NURSE
                 ANESTHETIST.
         6922. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE
                 OF THE TITLE "CERTIFIED REGISTERED NURSE ANESTHETIST" OR
                 "NURSE ANESTHETIST".
         6923. STATE BOARD FOR NURSING.
         6924. REQUIREMENTS FOR A LICENSE AS A CERTIFIED REGISTERED NURSE
                 ANESTHETIST.
         6925. LIMITED PERMITS.
         6926. EXEMPT PERSONS.
         6927. SPECIAL PROVISIONS.
   § 6920. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF CERTI-
 FIED  REGISTERED  NURSE  ANESTHETIST.  THE  GENERAL  PROVISIONS  FOR ALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02498-05-4

 S. 769--B                           2
 
 PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE  APPLY
 TO THIS ARTICLE.
   §  6921. DEFINITION OF PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHE-
 TIST. 1. IN ADDITION  TO  THE  PROVISIONS  OF  PRACTICE  FOR  REGISTERED
 PROFESSIONAL  NURSING OUTLINED IN SECTION SIXTY-NINE HUNDRED TWO OF THIS
 TITLE, THE PRACTICE OF A CERTIFIED REGISTERED NURSE ANESTHETIST  FURTHER
 INCLUDES,  BUT  IS  NOT  LIMITED  TO,  ADMINISTRATION  OF ANESTHESIA AND
 SEDATION TO  A  PATIENT;  PERFORMING  AND  DOCUMENTING  A  PREANESTHETIC
 ASSESSMENT AND EVALUATION OF THE PATIENT, INCLUDING REQUESTING CONSULTA-
 TIONS AND DIAGNOSTIC STUDIES; SELECTING, OBTAINING, ORDERING, AND ADMIN-
 ISTERING   PREANESTHETIC  MEDICATIONS  AND  FLUIDS;  OBTAINING  INFORMED
 CONSENT FOR ANESTHESIA, DEVELOPING AND IMPLEMENTING AN ANESTHETIC  PLAN;
 INITIATING  THE  ANESTHETIC  TECHNIQUE; MONITORING THE PATIENT INCLUDING
 SELECTING, APPLYING, AND INSERTING APPROPRIATE NONINVASIVE AND  INVASIVE
 MONITORING  MODALITIES  FOR CONTINUOUS EVALUATION OF THE PATIENT'S PHYS-
 ICAL STATUS; SELECTING, OBTAINING, AND  ADMINISTERING  THE  ANESTHETICS,
 ADJUVANT AND ACCESSORY DRUGS, AND FLUIDS NECESSARY TO MANAGE ANESTHETICS
 AND ACUTE AND CHRONIC PAIN; ORDERING AND EVALUATING LABORATORY AND DIAG-
 NOSTIC TESTS AND PERFORMING POINT-OF-CARE TESTING; ORDERING AND EVALUAT-
 ING  RADIOGRAPHIC  IMAGING  STUDIES;  MANAGING  A  PATIENT'S  AIRWAY AND
 CARDIOPULMONARY STATUS USING CURRENT PRACTICE  MODALITIES;  FACILITATING
 EMERGENCE AND RECOVERY FROM ANESTHESIA BY SELECTING, OBTAINING, ORDERING
 AND   ADMINISTERING   MEDICATIONS,   FLUIDS,  AND  VENTILATORY  SUPPORT;
 DISCHARGING THE PATIENT FROM A POSTANESTHESIA CARE  AREA  AND  PROVIDING
 POSTANESTHESIA  FOLLOW-UP  EVALUATION  AND  CARE; IMPLEMENTING ACUTE AND
 CHRONIC PAIN MANAGEMENT MODALITIES; RESPONDING TO  EMERGENCY  SITUATIONS
 BY  PROVIDING  AIRWAY MANAGEMENT, ADMINISTRATION OF EMERGENCY FLUIDS AND
 DRUGS, AND USING BASIC OR ADVANCED CARDIAC LIFE SUPPORT TECHNIQUES;  AND
 PRESCRIBE TESTS, DRUGS AND OTHER TREATMENTS NECESSARY TO ANESTHESIA CARE
 PROVIDED BY A NURSE ANESTHETIST.
   2.  (A)  A  CERTIFIED REGISTERED NURSE ANESTHETIST LICENSED UNDER THIS
 ARTICLE AND PRACTICING FOR THIRTY-SIX HUNDRED HOURS OR LESS SHALL DO  SO
 EITHER  UNDER  THE  DIRECTION  OF:   (I) A PHYSICIAN WHO HAS COMPLETED A
 RESIDENCY PROGRAM IN ANESTHESIOLOGY THAT IS ACCREDITED BY AN ACCREDITING
 ORGANIZATION ACCEPTABLE TO THE DEPARTMENT; (II) A PHYSICIAN WHO IS BOARD
 CERTIFIED IN ANESTHESIOLOGY BY A CERTIFYING ORGANIZATION  ACCEPTABLE  TO
 THE  DEPARTMENT;  (III)  A PHYSICIAN WHO HAS MEDICAL STAFF PRIVILEGES TO
 PROVIDE ANESTHESIA SERVICES (DEEP SEDATION, GENERAL AND  REGIONAL  ANES-
 THESIA  ASSESSMENTS/ADMINISTRATION)  IN A GENERAL HOSPITAL OR AMBULATORY
 SURGERY CENTER AUTHORIZED BY ARTICLE TWENTY-EIGHT OF THE  PUBLIC  HEALTH
 LAW;  OR  (IV)  A  DENTIST OR PODIATRIST QUALIFIED TO PROVIDE ANESTHESIA
 SERVICES AS DETERMINED BY THE DEPARTMENT ON THEIR CASES. FOR PURPOSES OF
 THIS SECTION, DIRECTION SHALL MEAN PATIENT  CARE  GUIDANCE  AND  ADVICE,
 COORDINATION AND COMMUNICATION FROM THE PHYSICIAN, DENTIST OR PODIATRIST
 TO  THE  CERTIFIED REGISTERED NURSE ANESTHETIST PRACTICING FOR LESS THAN
 THIRTY-SIX HUNDRED HOURS, AS NEEDED FOR THE CARE OF THE PATIENT.
   (B) AFTER PRACTICING FOR MORE THAN THIRTY-SIX HUNDRED HOURS, A  CERTI-
 FIED  REGISTERED  NURSE  ANESTHETIST SHALL FUNCTION IN AN INTERDEPENDENT
 ROLE AS A MEMBER OF A PATIENT-CENTERED CARE TEAM.
   3. PRESCRIPTIONS FOR DRUGS, DEVICES, AND ANESTHETIC AGENTS, ANESTHESIA
 RELATED AGENTS, AND ANALGESICS MAY BE ISSUED BY A  CERTIFIED  REGISTERED
 NURSE  ANESTHETIST  NECESSARY  TO  ANESTHESIA  CARE  PROVIDED BY A NURSE
 ANESTHETIST.  THE CERTIFIED REGISTERED NURSE ANESTHETIST SHALL OBTAIN  A
 CERTIFICATE  FROM  THE DEPARTMENT UPON SUCCESSFULLY COMPLETING A PROGRAM
 INCLUDING AN APPROPRIATE PHARMACOLOGY COMPONENT, OR ITS  EQUIVALENT,  AS
 ESTABLISHED  BY  THE  COMMISSIONER'S  REGULATIONS,  PRIOR TO PRESCRIBING
 S. 769--B                           3
 
 UNDER THIS SUBDIVISION. THE LICENSE  ISSUED  UNDER  THIS  ARTICLE  SHALL
 STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS SUCCESSFUL-
 LY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO PRESCRIBE
 UNDER THIS SUBDIVISION.
   4.  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO LIMIT OR DIMINISH THE
 PRACTICE OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL NURSE
 UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE OR  ANY  OTHER  LAW,
 RULE,  REGULATION  OR  CERTIFICATION, NOR TO DENY ANY REGISTERED PROFES-
 SIONAL NURSE THE RIGHT TO DO ANY ACT OR ENGAGE IN ANY  PRACTICE  AUTHOR-
 IZED  BY ARTICLE ONE HUNDRED THIRTY-NINE OF THIS TITLE OR ANY OTHER LAW,
 RULE, REGULATION OR CERTIFICATION.
   § 6922. PRACTICE OF CERTIFIED REGISTERED NURSE ANESTHETIST AND USE  OF
 THE  TITLE  "CERTIFIED  REGISTERED NURSE ANESTHETIST" OR "NURSE ANESTHE-
 TIST". ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE
 SHALL PRACTICE AS A CERTIFIED  REGISTERED  NURSE  ANESTHETIST  OR  NURSE
 ANESTHETIST,  PROVIDED THAT ANY PERSON WHO WAS PRACTICING AS A CERTIFIED
 REGISTERED NURSE ANESTHETIST IN THE STATE BEFORE THE EFFECTIVE  DATE  OF
 THIS  ARTICLE SHALL HAVE THE RIGHT TO CONTINUE USING THE TITLE.  CONTIN-
 UED USE OF SUCH TITLE AFTER THAT SHALL BE  DEPENDENT  UPON  SUCH  PERSON
 APPLYING  FOR AND OBTAINING A LICENSE FROM THE DEPARTMENT AS A CERTIFIED
 REGISTERED NURSE ANESTHETIST  PURSUANT  TO  SECTION  SIXTY-NINE  HUNDRED
 TWENTY-SEVEN  OF THIS ARTICLE WITHIN THREE YEARS FROM THE EFFECTIVE DATE
 OF THIS ARTICLE.
   § 6923. STATE BOARD FOR NURSING. THE STATE BOARD FOR NURSING AS ESTAB-
 LISHED IN SECTION SIXTY-NINE HUNDRED FOUR OF THIS  TITLE  SHALL  BE  THE
 GOVERNING STATE BOARD FOR CERTIFIED REGISTERED NURSE ANESTHETISTS.
   §  6924.  REQUIREMENTS  FOR  A LICENSE AS A CERTIFIED REGISTERED NURSE
 ANESTHETIST. TO QUALIFY FOR A LICENSE AS A  CERTIFIED  REGISTERED  NURSE
 ANESTHETIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  LICENSE:  BE NEW YORK STATE LICENSED AND CURRENTLY REGISTERED AS A
 REGISTERED PROFESSIONAL NURSE;
   3. EDUCATION: HAVE RECEIVED A MASTER'S DEGREE OR HIGHER IN  A  PROGRAM
 OF  NURSE  ANESTHESIA  FROM  A  PROGRAM  REGISTERED BY THE DEPARTMENT OR
 DETERMINED BY THE DEPARTMENT TO BE SUBSTANTIALLY EQUIVALENT OR MEET  THE
 REQUIREMENTS OF SECTION SIXTY-NINE HUNDRED TWENTY-SEVEN OF THIS ARTICLE;
   4.  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT;
   6.  FEES: PAY A FEE OF ONE HUNDRED FIFTY DOLLARS TO THE DEPARTMENT FOR
 AN INITIAL LICENSE AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL  REGIS-
 TRATION PERIOD; AND
   7.  INFORMATION AND DOCUMENTATION: IN CONJUNCTION WITH AND AS A CONDI-
 TION OF EACH TRIENNIAL REGISTRATION A CERTIFIED REGISTERED NURSE ANESTH-
 ETIST SHALL PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT,
 SUCH INFORMATION  AND  DOCUMENTATION  REQUIRED  BY  THE  DEPARTMENT,  IN
 CONSULTATION  WITH  THE  DEPARTMENT OF HEALTH, AS IS NECESSARY TO ENABLE
 THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES  IN  THIS
 STATE,  INCLUDING,  BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
 WHEREIN THE CERTIFIED REGISTERED NURSE ANESTHETIST PRACTICES  AND  OTHER
 INFORMATION  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE DEPARTMENT OF
 HEALTH, DEEMS RELEVANT. THE DEPARTMENT OF HEALTH, IN  CONSULTATION  WITH
 THE  DEPARTMENT, SHALL MAKE SUCH DATA AVAILABLE IN AGGREGATE, DE-IDENTI-
 FIED FORM ON A PUBLICLY ACCESSIBLE WEBSITE.   ADDITIONALLY, IN  CONJUNC-
 TION  WITH  EACH TRIENNIAL REGISTRATION, THE DEPARTMENT, IN CONSULTATION
 S. 769--B                           4

 WITH THE DEPARTMENT OF HEALTH, SHALL PROVIDE INFORMATION ON  REGISTERING
 IN THE DONATE LIFE REGISTRY FOR ORGAN AND TISSUE DONATION, INCLUDING THE
 WEBSITE ADDRESS FOR SUCH REGISTRY.
   § 6925. LIMITED PERMITS. 1.  THE DEPARTMENT MAY ISSUE A LIMITED PERMIT
 TO  AN  APPLICANT  WHO  IS  NEW  YORK STATE LICENSED AND REGISTERED AS A
 REGISTERED NURSE AND MEETS ALL QUALIFICATIONS FOR LICENSURE, EXCEPT  THE
 EXAMINATION  AND/OR  EXPERIENCE  REQUIREMENTS, OR TO AN APPLICANT WHO IS
 GAINING EXPERIENCE FOR THE  DIAGNOSTIC  PRIVILEGE,  IN  ACCORDANCE  WITH
 REGULATIONS PROMULGATED THEREFOR.
   2. LIMITED PERMITS SHALL BE FOR TWO YEARS.
   3.  A  LIMITED ANESTHETIST PERMIT SHALL ENTITLE THE HOLDER TO PRACTICE
 AS A NURSE  ANESTHETIST  ONLY  IN  A  HEALTH  CARE  FACILITY  UNDER  THE
 PERSONAL, ON-PREMISE SUPERVISION OF A CERTIFIED REGISTERED NURSE ANESTH-
 ETIST  WITH MORE THAN THIRTY-SIX HUNDRED HOURS OF PRACTICE EXPERIENCE OR
 PHYSICIAN WHO: (A) HAS COMPLETED A RESIDENCY PROGRAM  IN  ANESTHESIOLOGY
 THAT  IS  ACCREDITED  BY  AN  ACCREDITING ORGANIZATION ACCEPTABLE TO THE
 DEPARTMENT; OR (B) IS BOARD CERTIFIED IN ANESTHESIOLOGY BY A  CERTIFYING
 ORGANIZATION  ACCEPTABLE  TO  THE  DEPARTMENT;  OR (C) HAS MEDICAL STAFF
 PRIVILEGES TO PROVIDE ANESTHESIA SERVICES AT THE  HEALTH  CARE  FACILITY
 AND WITH THE ENDORSEMENT OF THE HEALTH CARE FACILITY.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE THIRTY-FIVE DOLLARS.
   § 6926. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED:
   1.  AS  APPLYING 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;
   2.  AS  PROHIBITING  THE  FURNISHING OF NURSE ANESTHESIA ASSISTANCE IN
 CASE OF AN EMERGENCY;
   3. AS PROHIBITING SUCH PERFORMANCE  OF  NURSE  ANESTHESIA  SERVICE  BY
 STUDENTS  ENROLLED IN DEPARTMENT REGISTERED NURSE ANESTHESIA PROGRAMS OR
 STUDENTS ENROLLED IN OTHER NURSE ANESTHESIA PROGRAMS THAT ARE AUTHORIZED
 PURSUANT TO SECTION TWO HUNDRED TWENTY-FOUR OF  THIS  CHAPTER  TO  PLACE
 SUCH  STUDENTS  IN  CLINICAL  ROTATIONS  IN THIS STATE UNDER APPROPRIATE
 SUPERVISION; OR
   4. AS PROHIBITING OR PREVENTING THE PRACTICE OF  NURSE  ANESTHESIA  IN
 THIS  STATE,  IN OBEDIENCE TO THE REQUIREMENTS OF THE LAWS OF THE UNITED
 STATES, BY ANY COMMISSIONED NURSE ANESTHETIST OFFICER IN THE ARMED FORC-
 ES OF THE UNITED STATES OR BY ANY  NURSE  ANESTHETIST  EMPLOYED  IN  THE
 UNITED  STATES  VETERANS  ADMINISTRATION  OR UNITED STATES PUBLIC HEALTH
 SERVICE WHILE ENGAGED IN THE PERFORMANCE OF THE ACTUAL DUTIES PRESCRIBED
 FOR SUCH NURSE ANESTHETIST UNDER THE UNITED  STATES  STATUTES,  PROVIDED
 SUCH  PERSON  DOES  NOT  REPRESENT OR HOLD THEMSELVES OUT AS A CERTIFIED
 REGISTERED NURSE ANESTHETIST REGISTERED TO PRACTICE IN THIS STATE.
   § 6927. SPECIAL PROVISIONS.   IT SHALL BE  LAWFUL  FOR  AN  INDIVIDUAL
 PRACTICING  AS A CERTIFIED REGISTERED NURSE ANESTHETIST IN THIS STATE AS
 OF THE EFFECTIVE DATE OF THIS SECTION THAT DOES NOT MEET THE EDUCATIONAL
 REQUIREMENTS, BUT MEETS THE OTHER  REQUIREMENTS  OF  SECTION  SIXTY-NINE
 HUNDRED  TWENTY-FOUR OF THIS ARTICLE, TO CONTINUE SUCH PRACTICE PROVIDED
 THAT SUCH CERTIFIED REGISTERED NURSE ANESTHETIST:
   1. SUBMITS EVIDENCE OF CERTIFICATION AS A CERTIFIED  REGISTERED  NURSE
 ANESTHETIST  BY  AN  APPROPRIATE NATIONAL CERTIFYING BODY TO THE DEPART-
 MENT;
   2.  HAS  CONTINUALLY  MAINTAINED  ACTIVE,  UP-TO-DATE  RECERTIFICATION
 STATUS  AS  A  CERTIFIED  REGISTERED NURSE ANESTHETIST BY AN APPROPRIATE
 NATIONAL RECERTIFYING BODY; AND
   3. HAS SUBMITTED AN APPLICATION FOR LICENSURE.
 S. 769--B                           5
 
   § 2. Section 6903 of the education law, as amended by chapter  323  of
 the laws of 2006, is amended to read  as follows:
   § 6903. Practice  of nursing and use of title "registered professional
 nurse" or "licensed practical nurse". Only a person licensed  or  other-
 wise  authorized  under  this  article shall practice nursing and only a
 person licensed under section sixty-nine hundred five  of  this  article
 shall  use  the  title "registered professional nurse" and only a person
 licensed under section sixty-nine hundred six of this article shall  use
 the  title  "licensed  practical  nurse".  No person shall use the title
 "nurse" or any other title or abbreviation that would represent  to  the
 public  that  the  person  is  authorized to practice nursing unless the
 person is licensed or otherwise authorized under this article OR ARTICLE
 ONE HUNDRED THIRTY-NINE-A OF THIS TITLE.
   § 3. Section 6904 of the education law, as amended by chapter  994  of
 the laws of 1971 and as renumbered by chapter 50 of the laws of 1972, is
 amended to read as follows:
   § 6904. State  board  for nursing.  A state board for nursing shall be
 appointed by the board of regents on recommendation of the  commissioner
 for  the purpose of assisting the board of regents and the department on
 matters of professional licensing and professional conduct in accordance
 with section sixty-five hundred eight of this title.  The board shall be
 composed of not less than [fifteen] SEVENTEEN members,  eleven  of  whom
 shall  be  registered  professional  nurses  and  four  of whom shall be
 licensed practical nurses AND TWO OF WHOM SHALL BE CERTIFIED  REGISTERED
 NURSE  ANESTHETISTS  all  licensed  and  practicing in this state for at
 least five years.    An  executive  secretary  to  the  board  shall  be
 appointed  by the board of regents on recommendation of the commissioner
 and shall be a registered professional nurse registered in this state.
   § 4. This act shall take effect eighteen months after  it  shall  have
 become a law.

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Senate Bill S769A

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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2023-S769 - Details

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2023-S769A - Details

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co-Sponsors

2023-S769B (ACTIVE) - Details

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Senate Bill S769A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Bill Amendments

co-Sponsors

2023-S769 - Details

2023-S769 - Summary

2023-S769 - Sponsor Memo

2023-S769 - Bill Text download pdf

co-Sponsors

2023-S769A - Details

2023-S769A - Summary

2023-S769A - Sponsor Memo

2023-S769A - Bill Text download pdf

co-Sponsors

2023-S769B (ACTIVE) - Details

2023-S769B (ACTIVE) - Summary

2023-S769B (ACTIVE) - Sponsor Memo

2023-S769B (ACTIVE) - Bill Text download pdf

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