S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2309--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sens.  MONTGOMERY,  AVELLA, ESPAILLAT, HASSELL-THOMPSON,
  KLEIN, PERKINS -- read twice and ordered printed, and when printed  to
  be  committed  to  the Committee on Higher Education -- recommitted to
  the Committee on Higher 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 services performed  by
  nurse practitioners

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 6902  of  the  education  law,  as
added by chapter 257 of the laws of 1988, is amended to read as follows:
  3.  (a)  The  practice  of  registered professional nursing by a nurse
practitioner, certified under section six thousand nine hundred  ten  of
this  article,  may include the diagnosis of illness and physical condi-
tions and the performance of therapeutic and corrective measures  within
a  specialty  area of practice[, in collaboration with a licensed physi-
cian qualified to collaborate in the specialty involved,  provided  such
services  are  performed in accordance with a written practice agreement
and written practice protocols. The  written  practice  agreement  shall
include  explicit  provisions  for  the  resolution  of any disagreement
between the collaborating physician and the nurse practitioner regarding
a matter of diagnosis or 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 diagnosis or treatment shall prevail].
  (b) Prescriptions for drugs, devices  and  immunizing  agents  may  be
issued  by  a nurse practitioner, under this subdivision and section six
thousand nine hundred ten of this article[, in accordance with the prac-
tice agreement and practice protocols].  The  nurse  practitioner  shall
obtain  a certificate from the department upon successfully completing a
program including an appropriate pharmacology component, or  its  equiv-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06944-07-4
              

S. 2309--A                          2

alent,  as  established  by  the  commissioner's  regulations,  prior to
prescribing under this subdivision. The certificate issued under section
six thousand nine hundred ten of this article shall  state  whether  the
nurse  practitioner  has successfully completed such a program or equiv-
alent and is authorized to prescribe under this subdivision.
  (c) [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 nurse  practitioner  and
the  collaborating  physician  shall  be  clearly posted in the practice
setting of the nurse practitioner.
  (d) The practice protocol shall reflect current accepted  medical  and
nursing practice. The protocols shall be filed with the department with-
in  ninety  days  of the commencement of the practice and may be updated
periodically. The commissioner shall make regulations  establishing  the
procedure  for the review of protocols and the disposition of any issues
arising from such review.
  (e) No physician shall enter into practice agreements with  more  than
four  nurse practitioners who are not located on the same physical prem-
ises as the collaborating physician.
  (f)] Nothing in this subdivision shall be deemed to limit or  diminish
the  practice  of the profession of nursing as a registered professional
nurse under this article or any other law, rule, regulation  or  certif-
ication,  nor  to deny any registered professional nurse the right to do
any act or engage in any practice authorized  by  this  article  or  any
other law, rule, regulation or certification.
  [(g)]  (D)  The  provisions of this subdivision shall not apply 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.
  S 2. The education law is amended by adding a new section 6912 to read
as follows:
  S 6912. NURSE PRACTITIONER ADVISORY PANEL. A NINE MEMBER NURSE PRACTI-
TIONER  ADVISORY  PANEL  SHALL  BE  APPOINTED BY THE BOARD OF REGENTS ON
RECOMMENDATION OF THE COMMISSIONER FOR  THE  PURPOSE  OF  ASSISTING  THE
BOARD OF REGENTS, THE BOARD FOR NURSING, AND THE COMMISSIONER ON MATTERS
RELATED  TO  THE PRACTICE OF REGISTERED NURSING AS A NURSE PRACTITIONER.
THE PANEL SHALL BE COMPOSED OF AT LEAST SIX LICENSED AND CERTIFIED NURSE
PRACTITIONERS, AND AT LEAST  TWO  PERSONS  TO  REPRESENT  CONSUMERS  AND
PATIENT GROUPS.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the one  hundred  eightieth
day after it shall have become a law; and provided, further, that effec-
tive  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 and directed to be made and completed on  or  before
such effective date.