Assembly Bill A10371

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10371
 
                           I N  A S S E M B L Y
 
                               March 3, 2026
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the  education law, in relation to expanding circum-
   stances when direct support  staff  may  administer  medications;  and
   providing for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (v) of  paragraph  (a)  of  subdivision  1  of
 section  6908  of  the education law, as added by section 1 of part A of
 chapter 58 of the laws of 2014, is amended to read as follows:
   (v) tasks provided by a direct support staff in programs certified  or
 approved  by  the  office  for  people  with developmental disabilities,
 INCLUDING SELF-DIRECTION, when [performed under] the [supervision  of  a
 registered  professional  nurse  and  pursuant to a memorandum of under-
 standing between the office for people with] DIRECT  SUPPORT  STAFF  HAS
 COMPLETED  TRAINING  PROVIDED  BY THE INDIVIDUAL WITH AN INTELLECTUAL OR
 developmental [disabilities and the department, in accordance  with  and
 pursuant  to  an]  DISABILITY,  OR, WHEN APPLICABLE, BY THE INDIVIDUAL'S
 PARENT, LEGAL GUARDIAN,  OR  OTHER  LEGALLY  authorized  [practitioner's
 ordered  care, provided that: (1) a registered professional nurse deter-
 mines] REPRESENTATIVE, in [his or her professional judgment, which tasks
 are to be performed based upon the complexity of the tasks,]  ACCORDANCE
 WITH  CONSUMER-DIRECTED  PRINCIPLES.  THE  COMMISSIONER  SHALL ESTABLISH
 APPROPRIATE PROTOCOLS TO ENSURE the [skill and experience of  the]  SAFE
 ADMINISTRATION  OF  MEDICATIONS  AND  TO  ENSURE  THAT  A direct support
 staff[, and] SHALL NOT ASSESS the  [health  status  of  the]  MEDICATION
 NEEDS  OF  AN individual [being cared for; (2) only a]. A direct support
 staff [who] has completed training as required by  the  commissioner  of
 the  office  for  people  with  developmental  disabilities [may perform
 tasks] pursuant to this subparagraph[; (3)] PROVIDED  THAT  THE  COMMIS-
 SIONER  ESTABLISH  appropriate  protocols shall be established to ensure
 safe administration of medications[; (4)] AND TO ENSURE  THAT  a  direct
 support  staff  shall not assess the medication needs of an individual[;
 (5) adequate nursing supervision is  provided,  including  training  and

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

                                                            LBD14628-01-6
 A. 10371                            2

 periodic inspection of performance of the tasks.  The amount and type of
 nursing  supervision  shall be determined by the registered professional
 nurse responsible for supervising such task based upon the complexity of
 the tasks, the skill and experience of the direct support staff, and the
 health  status  of  the  individual  being  cared  for; (6) a]. A direct
 support staff shall not be authorized to perform any tasks or activities
 pursuant to this subparagraph that are outside the scope of practice  of
 a  licensed  practical  nurse[; (7) a]. A direct support staff shall not
 represent [himself or herself] THEMSELVES, or accept  employment,  as  a
 person  licensed  to practice nursing under the provisions of this arti-
 cle[; (8)]. A direct support staff providing medication  administration,
 tube  feeding, or diabetic care shall be separately certified, and shall
 be recertified on an annual  basis[;  (9)  the  registered  professional
 nurse  shall ensure that there is a consumer specific]. IF AN INDIVIDUAL
 WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY IS UNABLE  TO  SELF-AD-
 MINISTER medication [sheet for each medication that is administered; and
 (10)  appropriate  staffing ratios shall be determined by the office for
 people with developmental disabilities  and  the  department  to  ensure
 adequate  nursing  supervision.  No  direct  support staff shall perform
 tasks under this subparagraph until the office for people with  develop-
 mental disabilities and the department have entered into a memorandum of
 understanding  to  effectuate  the  provisions of this subparagraph. The
 office for people with developmental disabilities shall complete a crim-
 inal background check pursuant to section 16.33 of  the  mental  hygiene
 law  and  an  agency  background  check pursuant to section 16.34 of the
 mental hygiene law on the direct support staff prior to the commencement
 of any provision of service provided under  this  subparagraph  if  such
 direct  support  staff is a new hire.  Individuals providing supervision
 or] , A PARENT, LEGAL GUARDIAN, OR OTHER  LEGALLY  AUTHORIZED  REPRESEN-
 TATIVE  MAY  AUTHORIZE  A TRAINED direct support [tasks pursuant to this
 subparagraph shall have protection pursuant] PROFESSIONAL  to  [sections
 seven  hundred  forty and seven hundred forty-one of] ADMINISTER MEDICA-
 TIONS ON the [labor law, where applicable] INDIVIDUAL'S BEHALF;
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall expire and be deemed repealed  July
 1, 2030. Effective immediately, the addition, amendment and/or repeal of
 any  rule  or regulation necessary for the implementation of this act on
 its effective date are authorized to be made on or before such date.