Assembly Bill A7284

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7284
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2025
                                ___________
 
 Introduced  by  M. of A. McMAHON, SIMON -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to  amend  the  education  law,  in  relation  to  expanding  the
   description  of  certain services which are not prohibited by statutes
   governing the practice of nursing

   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 is renumbered subparagraph (vi) and  a
 new subparagraph (v) is added to read as follows:
   (V)  TASKS  PROVIDED  BY  A DIRECT SUPPORT STAFF IN NON-FACILITY BASED
 PROGRAMS CERTIFIED OR APPROVED BY THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES,  WHEN PERFORMED UNDER THE INSTRUCTION OF A SERVICE
 RECIPIENT, FAMILY, OR HOUSEHOLD MEMBER IN ACCORDANCE WITH  AND  PURSUANT
 TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE, PROVIDED THAT:
   (1)  A REGISTERED PROFESSIONAL NURSE DETERMINES, IN THEIR PROFESSIONAL
 JUDGMENT, WHICH TASKS ARE TO BE PERFORMED BASED UPON:
   (A) THE COMPLEXITY OF THE TASKS;
   (B) THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT STAFF;
   (C) THE HEALTH STATUS AND SPECIFIC CARE NEEDS OF THE  SERVICE  RECIPI-
 ENT; AND
   (D)  THE  SERVICE  RECIPIENT,  FAMILY,  OR HOUSEHOLD MEMBER IS ABLE TO
 EFFECTIVELY AND EFFICIENTLY TRAIN AND INSTRUCT THE DIRECT SUPPORT  STAFF
 PROVIDING TASKS;
   (2)  ONLY  A  DIRECT  SUPPORT  STAFF  THAT  HAS  COMPLETED TRAINING AS
 REQUIRED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH;
   (3) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS OF AN
 INDIVIDUAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00694-02-5
 A. 7284                             2
 
              

   (4) 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;
   (5)  A  DIRECT SUPPORT STAFF SHALL NOT REPRESENT THEMSELVES, OR ACCEPT
 EMPLOYMENT,  AS  A  PERSON  LICENSED  TO  PRACTICE  NURSING  UNDER   THE
 PROVISIONS OF THIS ARTICLE;
   (6)  A  DIRECT SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE
 FEEDING, OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED,  AND  SHALL  BE
 RECERTIFIED ON AN ANNUAL BASIS;
   (7)  IN THE EVENT THAT A REGISTERED PROFESSIONAL NURSE DETERMINES THAT
 THE SERVICE RECIPIENT, FAMILY, OR HOUSEHOLD MEMBER  IS  NOT  CAPABLE  OF
 PROVIDING  SUCH  INSTRUCTION,  A  DIRECT SUPPORT STAFF SHALL NOT PROVIDE
 TASKS PURSUANT TO THIS SUBPARAGRAPH. IN THE EVENT  OF  ANY  DISAGREEMENT
 BETWEEN A REGISTERED PROFESSIONAL NURSE AND A SERVICE RECIPIENT, FAMILY,
 OR  HOUSEHOLD  MEMBER  REGARDING  SUCH  CAPABILITY,  THEN THE REGISTERED
 PROFESSIONAL NURSE'S DETERMINATION SHALL PREVAIL;
   (8) A DIRECT SUPPORT STAFF SHALL NOT PROVIDE ANY TASKS UNLESS A REGIS-
 TERED PROFESSIONAL NURSE HAS DETERMINED THAT SUCH TASK MAY BE PERFORMED;
 AND
   (9) THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  SHALL
 COMPLETE  A  CRIMINAL  BACKGROUND CHECK PURSUANT TO SECTION 16.33 OF THE
 MENTAL HYGIENE LAW AND A 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  SUBPARA-
 GRAPH  IF  SUCH  DIRECT SUPPORT STAFF IS A NEW HIRE. LICENSED REGISTERED
 PROFESSIONAL NURSES  AND  INDIVIDUALS  PROVIDING  DIRECT  SUPPORT  TASKS
 PURSUANT TO THIS SUBPARAGRAPH SHALL HAVE PROTECTION PURSUANT TO SECTIONS
 SEVEN  HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE
 APPLICABLE; OR
   § 2. This act shall take effect eighteen months 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 effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.