S3881-2011 - NY Senate Open Legislation - Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition

Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition.

Sponsor: HANNON / Co-sponsor(s): AVELLA, LARKIN, MAZIARZ, MONTGOMERY, RITCHIE, YOUNG / Committee: RULES
Law Section: Education Law / Law: Amd S6902, Ed L

S3881-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Apr 25, 2012: ADVANCED TO THIRD READING
Apr 19, 2012: 2ND REPORT CAL.
Apr 18, 2012: 1ST REPORT CAL.532
Jan 4, 2012: REFERRED TO HIGHER EDUCATION
Jun 24, 2011: COMMITTED TO RULES
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1113
Mar 8, 2011: REFERRED TO HIGHER EDUCATION

S3881-2011 Meetings

Higher Education: Jun 7, 2011

S3881-2011 Calendars

S3881-2011 Votes

VOTE: COMMITTEE VOTE: - Higher Education - Jun 7, 2011

Ayes (15): LaValle, Alesi, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Stavisky, Kennedy, Krueger, Oppenheimer, Rivera, Serrano, Carlucci
Ayes W/R (3): Seward, Zeldin, Parker

VOTE: COMMITTEE VOTE: - Higher Education - Apr 18, 2012

Ayes (17): LaValle, Alesi, Flanagan, Griffo, Grisanti, Maziarz, Ritchie, Robach, Seward, Zeldin, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Carlucci
Excused (1): Oppenheimer

S3881-2011 Memo

BILL NUMBER:S3881

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing nurse
practitioners to perform functions in conjunction with diagnosing an
illness

PURPOSE:
To clarify that nurse practitioners may perform various functions in
conjunction with clinical services within their scope of practice.

SUMMARY OF PROVISIONS:
Adds a new paragraph (h) to section 6902 of the Education Law to
clarify that a nurse practitioner may perform any function in
conjunction with a diagnosis or treatment that is within the nurse
practitioner's scope of practice, where a statute authorizes or
directs a physician to perform that function. For example, a nurse
practitioner could fill out a form certifying to a diagnosis, or
issue an order. This section shall not be construed to increase or
decrease the lawful scope of practice of a nurse practitioner.

JUSTIFICATION:
Under existing law, nurse practitioners are able to diagnose illness
and physical conditions, and perform therapeutic and corrective
measures within a specialty area of practice. Yet they are not
authorized by some statutes to perform many functions related to
their lawful practice. Following are examples of why this legislation
is needed.

Nurse practitioners are frequently the caregivers in attendance when a
patient passes away. with their extensive training and expertise,
they are fully qualified under their existing scope of practice to
issue death certificates.

Under current law, the attending physician must obtain the
contemporaneous consent of a patient with decisional capacity prior
to issuing a DNR. The decision by an individual about whether to
withhold resuscitation is a deeply personal one. It should be
contemplated in consultation with a person's
primary care provider, which in many instances is a nurse practitioner.
Because current law only allows physicians to execute a DNR, many
patients are deprived of the ability to make this decision in
collaboration with their primary care provider if such provider is a
nurse practitioner. Patients should not be limited to establishing a
DNR for themselves with a physician with whom they may have had
little or no direct contact.

Many children have a pediatric nurse practitioner as their primary
care provider. Nurse practitioners have the training, skill, and
familiarity necessary to recognize and certify pediatric patients who
are at risk of detrimental health effects from vaccines. In the
interest of common sense and efficiency, nurse practitioners should
be recognized as capable of making such certification when necessary.

LEGISLATIVE HISTORY:


2009-10: S.7975 - Referred to Higher Education.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S3881-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          3881
 2011-2012 Regular Sessions
 I N  SENATE
 March 8, 2011
 
 Introduced  by  Sen.  HANNON -- 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  authorizing  nurse
 practitioners  to  perform functions in conjunction with diagnosing an
 illness
 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 is
 amended by adding a new paragraph (h) to read as follows:

 (H) A NURSE PRACTITIONER MAY PERFORM ANY FUNCTION IN CONJUNCTION  WITH
 THE  MAKING  OF  A  DIAGNOSIS  OF  ILLNESS OR PHYSICAL CONDITION, OR THE
 PERFORMANCE OF THERAPEUTIC AND CORRECTIVE MEASURES  WITHIN  A  SPECIALTY
 AREA  OF  PRACTICE  LAWFULLY  PERFORMED BY THE NURSE PRACTITIONER IN ANY
 HEALTH CARE SETTING, THAT A STATUTE AUTHORIZES OR DIRECTS A PHYSICIAN TO
 PERFORM. THIS SECTION SHALL NOT BE CONSTRUED TO INCREASE OR DECREASE THE
 LAWFUL SCOPE OF PRACTICE OF A NURSE PRACTITIONER UNDER THIS CHAPTER.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05376-01-1

S3881-2011: Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition