Bill S3881-2011

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.

Details

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

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3881 2011-2012 Regular Sessions IN 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.

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