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NY Consolidated State law
Nursing Topic
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ARTICLE 139
NURSING
Section 6900. Introduction.
6901. Definitions.
6902. Definition of practice of nursing.
6903. Practice of nursing and use of title "registered
professional nurse" or "licensed practical nurse".
6904. State board for nursing.
6905. Requirements for a license as a registered professional
nurse.
6906. Requirements for a license as a licensed practical nurse.
6907. Limited permits.
6908. Exempt persons.
6909. Special provision.
6910. Certificates for nurse practitioner practice.
S 6900. Introduction. This article applies to the profession of
nursing. The general provisions for all professions contained in
article one hundred thirty of this title apply to this article.
S 6901. Definitions. As used in section sixty-nine hundred two:
1. "Diagnosing" in the context of nursing practice means that
identification of and discrimination between physical and psychosocial
signs and symptoms essential to effective execution and management of
the nursing regimen. Such diagnostic privilege is distinct from a
medical diagnosis.
2. "Treating" means selection and performance of those therapeutic
measures essential to the effective execution and management of the
nursing regimen, and execution of any prescribed medical regimen.
3. "Human Responses" means those signs, symptoms and processes which
denote the individual`s interaction with an actual or potential health
problem.
S 6902. Definition of practice of nursing. 1. The practice of the
profession of nursing as a registered professional nurse is defined as
diagnosing and treating human responses to actual or potential health
problems through such services as casefinding, health teaching, health
counseling, and provision of care supportive to or restorative of life
and well-being, and executing medical regimens prescribed by a licensed
physician, dentist or other licensed health care provider legally
authorized under this title and in accordance with the commissioner`s
regulations. A nursing regimen shall be consistent with and shall not
vary any existing medical regimen.
2. The practice of nursing as a licensed practical nurse is defined as
performing tasks and responsibilities within the framework of
casefinding, health teaching, health counseling, and provision of
supportive and restorative care under the direction of a registered
professional nurse or licensed physician, dentist or other licensed
health care provider legally authorized under this title and in
accordance with the commissioner`s regulations.
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
conditions and the performance of therapeutic and corrective measures
within a specialty area of practice, in collaboration with a licensed
physician 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
practice 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
equivalent, 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
equivalent 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
within 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
premises 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
certification, 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) 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 6903. Practice of nursing and use of title "registered professional
nurse" or "licensed practical nurse". Only a person licensed or
otherwise authorized under this article shall practice nursing and only
a person licensed under section sixty-nine hundred four shall use the
title "registered professional nurse" and only a person licensed under
section sixty-nine hundred five of this article shall use the title
"licensed practical nurse".
S 6904. State board for nursing. A state board for nursing shall be
appointed by the board of regents on recommendation of the commissioner
for the purpose of assisting the board of regents and the department on
matters of professional licensing and professional conduct in accordance
with section sixty-five hundred eight of this title. The board shall be
composed of not less than fifteen members, eleven of whom shall be
registered professional nurses and four of whom shall be licensed
practical nurses all licensed and practicing in this state for at least
five years. An executive secretary to the board shall be appointed by
the board of regents on recommendation of the commissioner and shall be
a registered professional nurse registered in this state.
S 6905. Requirements for a license as a registered professional nurse.
To qualify for a license as a registered professional nurse, an
applicant shall fulfill the following requirements:
(1) Application: file an application with the department;
(2) Education: have received an education, and a diploma or degree in
professional nursing, in accordance with the commissioner`s regulations;
(3) Experience: meet no requirement as to experience;
(4) Examination: pass an examination satisfactory to the board and in
accordance with the commissioner`s regulations;
(5) Age: be at least eighteen years of age;
(6) Citizenship: meet no requirement as to United States citizenship;
(7) Character: be of good moral character as determined by the
department; and
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
seventy dollars for an initial license for persons not requiring
admission to a department conducted examination, and a fee of fifty
dollars for each triennial registration period.
S 6906. Requirements for a license as a licensed practical nurse. To
qualify for a license as a licensed practical nurse, an applicant shall
fulfill these requirements:
(1) Application: file an application with the department;
(2) Education: have received an education including completion of high
school or its equivalent, and have completed a program in practical
nursing, in accordance with the commissioner`s regulations, or
completion of equivalent study satisfactory to the department in a
program conducted by the armed forces of the United States or in an
approved program in professional nursing;
(3) Experience: meet no requirement as to experience;
(4) Examination: pass an examination satisfactory to the board and in
accordance with the commissioner`s regulations, provided, however, that
the educational requirements set forth in subdivision two of this
section are met prior to admission for the licensing examination;
(5) Age: be at least seventeen years of age;
(6) Citizenship: meet no requirements as to United States citizenship;
(7) Character: be of good moral character as determined by the
department; and
(8) Fees: pay a fee of one hundred fifteen dollars to the department
for admission to a department conducted examination and for an initial
license, a fee of forty-five dollars for each reexamination, a fee of
seventy dollars for an initial license for persons not requiring
admission to a department conducted examination, and a fee of fifty
dollars for each triennial registration period.
S 6907. Limited permits. 1. A permit to practice as a registered
professional nurse or a permit to practice as a licensed practical nurse
may be issued by the department upon the filing of an application for a
license as a registered professional nurse or as a licensed practical
nurse and submission of such other information as the department may
require to (i) graduates of schools of nursing registered by the
department, (ii) graduates of schools of nursing approved in another
state, province, or country or (iii) applicants for a license in
practical nursing whose preparation is determined by the department to
be the equivalent of that required in this state.
2. Such limited permit shall expire one year from the date of issuance
or upon notice to the applicant by the department that the application
for license has been denied, or ten days after notification to the
applicant of failure on the professional licensing examination,
whichever shall first occur. Notwithstanding the foregoing provisions
of this subdivision, if the applicant is waiting the result of a
licensing examination at the time such limited permit expires, such
permit shall continue to be valid until ten days after notification to
the applicant of the results of such examination.
3. A limited permit shall entitle the holder to practice nursing only
under the supervision of a nurse currently registered in this state and
with the endorsement of the employing agency.
4. Fees. The fee for each limited permit shall be thirty-five dollars.
5. Graduates of schools of nursing registered by the department may be
employed to practice nursing under supervision of a professional nurse
currently registered in this state and with the endorsement of the
employing agency for ninety days immediately following graduation from a
program in nursing and pending receipt of a limited permit for which an
application has been filed as provided in this section.
S 6908. Exempt persons. 1. This article shall not be construed:
a. As prohibiting (i) the domestic care of the sick, disabled or
injured by any family member, household member or friend, or person
employed primarily in a domestic capacity who does not hold himself or
herself out, or accept employment as a person licensed to practice
nursing under the provision of this article; provided that if such
person is remunerated, the person does not hold himself or herself out
as one who accepts employment for performing such care; or
(ii) any person from the domestic administration of family remedies;
or
(iii) the providing of care by a person acting in the place of a
person exempt under clause (i) of this paragraph, but who does hold
himself or herself out as one who accepts employment for performing such
care, where nursing services are under the instruction of a licensed
nurse, or under the instruction of a patient or family or household
member determined by a registered professional nurse to be
self-directing and capable of providing such instruction, and any
remuneration is provided under section thirty-six hundred twenty-two of
the public health law or section three hundred sixty-five-f of the
social service law; or
(iv) the furnishing of nursing assistance in case of an emergency;
b. As including services given by attendants in institutions under the
jurisdiction of or subject to the visitation of the state department of
mental hygiene if adequate medical and nursing supervision is provided;
c. As prohibiting such performance of nursing service by students
enrolled in registered schools or programs as may be incidental to their
course of study;
d. As prohibiting or preventing the practice of nursing in this state
by any legally qualified nurse or practical nurse of another state,
province, or country whose engagement requires him or her to accompany
and care for a patient temporarily residing in this state during the
period of such engagement provided such person does not represent or
hold himself or herself out as a nurse or practical nurse registered to
practice in this state;
e. As prohibiting or preventing the practice of nursing in this state
during an emergency or disaster by any legally qualified nurse or
practical nurse of another state, province, or country who may be
recruited by the American National Red Cross or pursuant to authority
vested in the state civil defense commission for such emergency or
disaster service, provided such person does not represent or hold
himself or herself out as a nurse or practical nurse registered to
practice in this state;
f. As prohibiting or preventing the practice of nursing in this
state, in obedience to the requirements of the laws of the United
States, by any commissioned nurse officer in the armed forces of the
United States or by any nurse employed in the United States veterans
administration or United States public health service while engaged in
the performance of the actual duties prescribed for him or her under the
United States statutes, provided such person does not represent or hold
himself or herself out as a nurse registered to practice in this state;
or
g. As prohibiting the care of the sick when done in connection with
the practice of the religious tenets of any church.
S 6909. Special provision. 1. Notwithstanding any inconsistent
provision of any general, special, or local law, any licensed registered
professional nurse or licensed practical nurse who voluntarily and
without the expectation of monetary compensation renders first aid or
emergency treatment at the scene of an accident or other emergency,
outside a hospital, doctor`s office or any other place having proper and
necessary medical equipment, to a person who is unconscious, ill or
injured shall not be liable for damages for injuries alleged to have
been sustained by such person or for damages for the death of such
person alleged to have occurred by reason of an act or omission in the
rendering of such first aid or emergency treatment unless it is
established that such injuries were or such death was caused by gross
negligence on the part of such registered professional nurse or licensed
practical nurse. Nothing in this subdivision shall be deemed or
construed to relieve a licensed registered professional nurse or
licensed practical nurse from liability for damages for injuries or
death caused by an act or omission on the part of such nurse while
rendering professional services in the normal and ordinary course of her
practice.
2. Nothing in this article shall be construed to confer the authority
to practice medicine or dentistry.
3. An applicant for a license as a registered professional nurse or
licensed practical nurse by endorsement of a license of another state,
province or country whose application was filed with the department
under the laws in effect prior to August thirty-first, nineteen hundred
seventy-one shall be licensed only upon successful completion of the
appropriate licensing examination unless satisfactory evidence of the
completion of all educational requirements is submitted to the
department prior to September one, nineteen hundred seventy-seven.
4. A certified nurse practitioner may prescribe and order a
non-patient specific regimen to a registered professional nurse,
pursuant to regulations promulgated by the commissioner, consistent with
subdivision three of section six thousand nine hundred two of this
article, and consistent with the public health law, for:
(a) administering immunizations.
(b) the emergency treatment of anaphylaxis.
(c) administering purified protein derivative (PPD) tests.
5. A registered professional nurse may execute a non-patient specific
regimen prescribed or ordered by a licensed physician or certified nurse
practitioner, pursuant to regulations promulgated by the commissioner.
* 6. A registered professional nurse defined under subdivision one of
section sixty-nine hundred two of this article may use accepted
classifications of signs, symptoms, dysfunctions and disorders,
including, but not limited to, classifications used in the practice
setting for the purpose of providing mental health services.
* NB Effective January 1, 2005
S 6910. Certificates for nurse practitioner practice. 1. For issuance
of a certificate to practice as a nurse practitioner under subdivision
three of section six thousand nine hundred two of this article, the
applicant shall fulfill the following requirements:
(a) Application: file an application with the department;
(b) License: be licensed as a registered professional nurse in the
state;
(c) Education: (i) have satisfactorily completed educational
preparation for provision of these services in a program registered by
the department or in a program determined by the department to be the
equivalent; or
(ii) submit evidence of current certification by a national certifying
body, recognized by the department; or
(iii) meet such alternative criteria as established by the
commissioner`s regulations;
(d) Fees: pay a fee to the department of fifty dollars for each
initial certificate authorizing nurse practitioner practice in a
specialty area and a triennial registration fee of thirty dollars.
Registration under this section shall be coterminous with the nurse
practitioner`s registration as a professional nurse.
2. Only a person certified under this section shall use the title
"nurse practitioner".
3. The provisions of this section shall not apply to any act or
practice authorized by any other law, rule, regulation or certification.
4. The provisions of this section 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.
5. The commissioner is authorized to promulgate regulations to
implement the provisions of this section.
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