S T A T E O F N E W Y O R K
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10707
I N A S S E M B L Y
June 13, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Glick) --
(at request of the Governor) -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the education law and the public health law, in relation
to authorizing certain advanced home health aides to perform certain
advanced tasks; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 6908 of the education law is amended by adding a
new subdivision 2 to read as follows:
2. THIS ARTICLE SHALL NOT BE CONSTRUED AS PROHIBITING ADVANCED TASKS
PROVIDED BY AN ADVANCED HOME HEALTH AIDE IN ACCORDANCE WITH REGULATIONS
DEVELOPED BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF
HEALTH. AT A MINIMUM, SUCH REGULATIONS SHALL:
A. SPECIFY THE ADVANCED TASKS THAT MAY BE PERFORMED BY ADVANCED HOME
HEALTH AIDES PURSUANT TO THIS SUBDIVISION. SUCH TASKS SHALL INCLUDE THE
ADMINISTRATION OF MEDICATIONS WHICH ARE ROUTINE AND PREFILLED OR OTHER-
WISE PACKAGED IN A MANNER THAT PROMOTES RELATIVE EASE OF ADMINISTRATION,
PROVIDED THAT ADMINISTRATION OF MEDICATIONS BY INJECTION, STERILE PROCE-
DURES, AND CENTRAL LINE MAINTENANCE SHALL BE PROHIBITED. PROVIDED,
HOWEVER, SUCH PROHIBITION SHALL NOT APPLY TO INJECTIONS OF INSULIN OR
OTHER INJECTIONS FOR DIABETES CARE, TO INJECTIONS OF LOW MOLECULAR
WEIGHT HEPARIN, AND TO PRE-FILLED AUTO-INJECTIONS OF NALOXONE AND
EPINEPHRINE FOR EMERGENCY PURPOSES, AND PROVIDED, FURTHER, THAT ENTITIES
EMPLOYING ADVANCED HOME HEALTH AIDES PURSUANT TO THIS SUBDIVISION SHALL
ESTABLISH A SYSTEMATIC APPROACH TO ADDRESS DRUG DIVERSION;
B. PROVIDE THAT ADVANCED TASKS PERFORMED BY ADVANCED HOME HEALTH AIDES
MAY BE PERFORMED ONLY UNDER THE DIRECT SUPERVISION OF A REGISTERED
PROFESSIONAL NURSE LICENSED IN NEW YORK STATE, AS SET FORTH IN THIS
SUBDIVISION AND SUBDIVISION EIGHT OF SECTION SIXTY-NINE HUNDRED NINE OF
THIS ARTICLE, WHERE SUCH NURSE IS EMPLOYED BY A HOME CARE SERVICES AGEN-
CY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF THE PUBLIC
HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12075-01-6
A. 10707 2
PUBLIC HEALTH LAW, OR AN ENHANCED ASSISTED LIVING RESIDENCE LICENSED
PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW AND CERTIFIED
PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW. SUCH NURSING
SUPERVISION SHALL:
(I) INCLUDE TRAINING AND PERIODIC ASSESSMENT OF THE PERFORMANCE OF
ADVANCED TASKS;
(II) BE DETERMINED BY THE REGISTERED PROFESSIONAL NURSE RESPONSIBLE
FOR SUPERVISING SUCH ADVANCED TASKS BASED UPON THE COMPLEXITY OF SUCH
ADVANCED TASKS, THE SKILL AND EXPERIENCE OF THE ADVANCED HOME HEALTH
AIDE, AND THE HEALTH STATUS OF THE INDIVIDUAL FOR WHOM SUCH ADVANCED
TASKS ARE BEING PERFORMED;
(III) INCLUDE A COMPREHENSIVE INITIAL AND THEREAFTER REGULAR AND ONGO-
ING ASSESSMENT OF THE INDIVIDUAL'S NEEDS;
(IV) INCLUDE AS A REQUIREMENT THAT THE SUPERVISING REGISTERED PROFES-
SIONAL NURSE SHALL VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE
OF SUPERVISING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH AIDES NO
LESS THAN ONCE EVERY TWO WEEKS AND INCLUDE AS A REQUIREMENT THAT A
REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE BY TELEPHONE TO THE
ADVANCED HOME HEALTH AIDE TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK,
PROVIDED THAT A REGISTERED PROFESSIONAL NURSE SHALL BE AVAILABLE TO
VISIT AN INDIVIDUAL RECEIVING SERVICES AS NECESSARY TO PROTECT THE
HEALTH AND SAFETY OF SUCH INDIVIDUAL; AND
(V) AS SHALL BE SPECIFIED BY THE COMMISSIONER, BE PROVIDED IN A MANNER
THAT TAKES INTO ACCOUNT INDIVIDUAL CARE NEEDS, CASE MIX COMPLEXITY AND
GEOGRAPHIC CONSIDERATIONS AND PROVIDE THAT THE NUMBER OF INDIVIDUALS
SERVED BY A SUPERVISING REGISTERED PROFESSIONAL NURSE IS REASONABLE AND
PRUDENT.
C. ESTABLISH A PROCESS BY WHICH A REGISTERED PROFESSIONAL NURSE MAY
ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE. SUCH PROCESS
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) ALLOWING ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME HEALTH
AIDE ONLY WHERE SUCH ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED TO THE
SATISFACTION OF THE SUPERVISING REGISTERED PROFESSIONAL NURSE COMPETENCY
IN EVERY ADVANCED TASK THAT SUCH ADVANCED HOME HEALTH AIDE IS AUTHORIZED
TO PERFORM, A WILLINGNESS TO PERFORM SUCH ADVANCED TASKS, AND THE ABILI-
TY TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH THE INDIVIDUAL
RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S NEEDS;
(II) PROHIBITING ASSIGNMENT OF ADVANCED TASKS TO AN ADVANCED HOME
HEALTH AIDE IF THE INDIVIDUAL RECEIVING SERVICES DECLINES TO BE SERVED
BY AN ADVANCED HOME HEALTH AIDE;
(III) AUTHORIZING THE SUPERVISING REGISTERED PROFESSIONAL NURSE TO
REVOKE ANY ASSIGNED ADVANCED TASK FROM AN ADVANCED HOME HEALTH AIDE FOR
ANY REASON; AND
(IV) AUTHORIZING MULTIPLE REGISTERED PROFESSIONAL NURSES TO JOINTLY
AGREE TO ASSIGN ADVANCED TASKS TO AN ADVANCED HOME HEALTH AIDE, PROVIDED
FURTHER THAT ONLY ONE REGISTERED PROFESSIONAL NURSE SHALL BE REQUIRED TO
DETERMINE IF THE ADVANCED HOME HEALTH AIDE HAS DEMONSTRATED COMPETENCY
IN THE ADVANCED TASK TO BE PERFORMED;
D. PROVIDE THAT ADVANCED TASKS MAY BE PERFORMED ONLY IN ACCORDANCE
WITH AND PURSUANT TO AN AUTHORIZED HEALTH PRACTITIONER'S ORDERED CARE;
E. PROVIDE THAT ONLY A CERTIFIED HOME HEALTH AIDE MAY PERFORM ADVANCED
TASKS AS AN ADVANCED HOME HEALTH AIDE WHEN SUCH AIDE HAS:
(I) AT LEAST ONE YEAR OF EXPERIENCE PROVIDING EITHER HOME HEALTH OR
PERSONAL CARE SERVICES, OR A COMBINATION OF THE SAME;
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(II) COMPLETED THE REQUISITE TRAINING AND DEMONSTRATED COMPETENCIES OF
AN ADVANCED HOME HEALTH AIDE AS DETERMINED BY THE COMMISSIONER IN
CONSULTATION WITH THE COMMISSIONER OF HEALTH;
(III) SUCCESSFULLY COMPLETED COMPETENCY EXAMINATIONS SATISFACTORY TO
THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH; AND
(IV) MEETS OTHER APPROPRIATE QUALIFICATIONS AS DETERMINED BY THE
COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF HEALTH;
F. PROVIDE THAT ONLY AN INDIVIDUAL WHO IS LISTED IN THE HOME CARE
SERVICES REGISTRY MAINTAINED BY THE DEPARTMENT OF HEALTH PURSUANT TO
SECTION THIRTY-SIX HUNDRED THIRTEEN OF THE PUBLIC HEALTH LAW AS HAVING
SATISFIED ALL APPLICABLE TRAINING REQUIREMENTS AND HAVING PASSED THE
APPLICABLE COMPETENCY EXAMINATIONS AND WHO MEETS OTHER REQUIREMENTS AS
SET FORTH IN REGULATIONS ISSUED BY THE COMMISSIONER OF HEALTH PURSUANT
TO SUBDIVISION SEVENTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THE PUBLIC
HEALTH LAW MAY PERFORM ADVANCED TASKS PURSUANT TO THIS SUBDIVISION AND
MAY HOLD HIMSELF OR HERSELF OUT AS AN ADVANCED HOME HEALTH AIDE;
G. ESTABLISH MINIMUM STANDARDS OF TRAINING FOR THE PERFORMANCE OF
ADVANCED TASKS BY ADVANCED HOME HEALTH AIDES, INCLUDING DIDACTIC TRAIN-
ING, CLINICAL TRAINING, AND A SUPERVISED CLINICAL PRACTICUM WITH STAND-
ARDS SET FORTH BY THE COMMISSIONER OF HEALTH;
H. PROVIDE THAT ADVANCED HOME HEALTH AIDES SHALL RECEIVE CASE-SPECIFIC
TRAINING ON THE ADVANCED TASKS TO BE ASSIGNED BY THE SUPERVISING NURSE,
PROVIDED THAT ADDITIONAL TRAINING SHALL TAKE PLACE WHENEVER ADDITIONAL
ADVANCED TASKS ARE ASSIGNED;
I. PROHIBIT AN ADVANCED HOME HEALTH AIDE FROM HOLDING HIMSELF OR
HERSELF OUT, OR ACCEPTING EMPLOYMENT AS, A PERSON LICENSED TO PRACTICE
NURSING UNDER THE PROVISIONS OF THIS ARTICLE;
J. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE IS NOT REQUIRED NOR
PERMITTED TO ASSESS THE MEDICATION OR MEDICAL NEEDS OF AN INDIVIDUAL;
K. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL NOT BE AUTHORIZED
TO PERFORM ANY ADVANCED TASKS OR ACTIVITIES PURSUANT TO THIS SUBDIVISION
THAT ARE OUTSIDE THE SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE OR
ANY ADVANCED TASKS THAT HAVE NOT BEEN APPROPRIATELY ASSIGNED BY THE
SUPERVISING REGISTERED PROFESSIONAL NURSE;
L. PROVIDE THAT AN ADVANCED HOME HEALTH AIDE SHALL DOCUMENT ALL
ADVANCED TASKS PROVIDED TO AN INDIVIDUAL, INCLUDING MEDICATION ADMINIS-
TRATION TO EACH INDIVIDUAL THROUGH THE USE OF A MEDICATION ADMINIS-
TRATION RECORD; AND
M. PROVIDE THAT THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL
RETAIN THE DISCRETION TO DECIDE WHETHER TO ASSIGN ADVANCED TASKS TO
ADVANCED HOME HEALTH AIDES UNDER THIS PROGRAM AND SHALL NOT BE SUBJECT
TO COERCION, RETALIATION, OR THE THREAT OF RETALIATION; IN DEVELOPING
SUCH REGULATIONS, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE RECOMMEN-
DATIONS OF A WORKGROUP OF STAKEHOLDERS CONVENED BY THE COMMISSIONER OF
HEALTH IN CONSULTATION WITH THE COMMISSIONER FOR THE PURPOSE OF PROVID-
ING GUIDANCE ON THE FOREGOING.
S 2. Section 6909 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. A REGISTERED PROFESSIONAL NURSE, WHILE WORKING FOR A HOME CARE
SERVICES AGENCY LICENSED OR CERTIFIED PURSUANT TO ARTICLE THIRTY-SIX OF
THE PUBLIC HEALTH LAW, A HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE
FORTY OF THE PUBLIC HEALTH LAW, OR AN ENHANCED ASSISTED LIVING RESIDENCE
LICENSED PURSUANT TO ARTICLE SEVEN OF THE SOCIAL SERVICES LAW AND CERTI-
FIED PURSUANT TO ARTICLE FORTY-SIX-B OF THE PUBLIC HEALTH LAW MAY, IN
ACCORDANCE WITH THIS SUBDIVISION, ASSIGN ADVANCED HOME HEALTH AIDES TO
PERFORM ADVANCED TASKS FOR INDIVIDUALS PURSUANT TO THE PROVISIONS OF
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SUBDIVISION TWO OF SECTION SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE AND
SUPERVISE ADVANCED HOME HEALTH AIDES WHO PERFORM ASSIGNED ADVANCED
TASKS.
(A) PRIOR TO ASSIGNING OR MODIFYING AN ASSIGNMENT TO PERFORM AN
ADVANCED TASK, THE REGISTERED PROFESSIONAL NURSE SHALL:
(I) COMPLETE A NURSING ASSESSMENT TO ASCERTAIN THE CLIENT'S CURRENT
HEALTH STATUS AND CARE NEEDS; AND
(II) PROVIDE TO THE ADVANCED HOME HEALTH AIDE WRITTEN, INDIVIDUAL-SPE-
CIFIC INSTRUCTIONS FOR PERFORMING THE ADVANCED TASK AND CRITERIA FOR
IDENTIFYING, REPORTING AND RESPONDING TO PROBLEMS OR COMPLICATIONS.
(B) THE REGISTERED PROFESSIONAL NURSE SHALL NOT ASSIGN AN ADVANCED
TASK UNLESS:
(I) THE ADVANCED TASK TO BE ASSIGNED IS CONSISTENT WITH AN AUTHORIZED
HEALTH PRACTITIONER'S ORDERED CARE;
(II) THE REGISTERED PROFESSIONAL NURSE PROVIDES CASE SPECIFIC TRAINING
TO THE ADVANCED HOME HEALTH AIDE AND PERSONALLY VERIFIES THAT THE
ADVANCED HOME HEALTH AIDE CAN SAFELY AND COMPETENTLY PERFORM THE
ADVANCED TASK;
(III) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
HOME HEALTH AIDE IS WILLING TO PERFORM SUCH ADVANCED TASK; AND
(IV) THE REGISTERED PROFESSIONAL NURSE DETERMINES THAT THE ADVANCED
HOME HEALTH AIDE IS ABLE TO EFFECTIVELY AND EFFICIENTLY COMMUNICATE WITH
THE INDIVIDUAL RECEIVING SERVICES AND UNDERSTAND SUCH INDIVIDUAL'S
NEEDS.
(C) THE SUPERVISING REGISTERED PROFESSIONAL NURSE SHALL:
(I) VISIT INDIVIDUALS RECEIVING SERVICES FOR THE PURPOSE OF SUPERVIS-
ING THE SERVICES PROVIDED BY ADVANCED HOME HEALTH AIDES NO LESS THAN
ONCE EVERY TWO WEEKS; AND
(II) CONDUCT REGULAR AND ONGOING ASSESSMENT OF THE INDIVIDUAL'S NEEDS.
S 3. Section 6906 of the education law is amended by adding a new
subdivision 9 to read as follows:
(9) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT SHALL ASK AND A LICENSED PRACTICAL NURSE SHALL
INDICATE WHETHER THE LICENSED PRACTICAL NURSE IS OR HAS PREVIOUSLY BEEN
AUTHORIZED AS AN ADVANCED HOME HEALTH AIDE PURSUANT TO SUBDIVISION TWO
OF SECTION SIXTY-NINE HUNDRED EIGHT OF THIS ARTICLE. THE DEPARTMENT
SHALL PROVIDE RESPONSES TO THE DEPARTMENT OF HEALTH AND THE DEPARTMENT
OF HEALTH SHALL INCLUDE SUCH INFORMATION IN REPORTS RELATED TO ADVANCED
HOME HEALTH AIDES.
S 4. Section 206 of the public health law is amended by adding a new
subdivision 30 to read as follows:
30. THE COMMISSIONER SHALL NOTIFY THE COMMISSIONER OF EDUCATION IN ANY
INSTANCE IN WHICH A REGISTERED PROFESSIONAL NURSE ENGAGES IN IMPROPER
BEHAVIOR WHILE SUPERVISING AN ADVANCED HOME HEALTH AIDE PURSUANT TO
SUBDIVISION TWO OF SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION
LAW.
S 5. Section 3602 of the public health law is amended by adding a new
subdivision 17 to read as follows:
17. "ADVANCED HOME HEALTH AIDES" MEANS HOME HEALTH AIDES WHO ARE
AUTHORIZED TO PERFORM ADVANCED TASKS AS DELINEATED IN SUBDIVISION TWO OF
SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW AND REGULATIONS
ISSUED BY THE COMMISSIONER OF EDUCATION RELATING THERETO. THE COMMIS-
SIONER SHALL PROMULGATE REGULATIONS REGARDING SUCH AIDES, WHICH SHALL
INCLUDE A PROCESS FOR THE LIMITATION OR REVOCATION OF THE ADVANCED HOME
HEALTH AIDE'S AUTHORIZATION TO PERFORM ADVANCED TASKS IN APPROPRIATE
CASES.
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S 6. Paragraph (a) of subdivision 1 of section 3613 of the public
health law, as added by chapter 594 of the laws of 2008, is amended to
read as follows:
(a) "Home care services entity" means a home care services agency or
other entity providing home care services subject to this article or
exempt under section thirty-six hundred nineteen of this article, A
HOSPICE PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER
PROVIDING ROUTINE CARE AT HOME UNDER THE HOSPICE BENEFIT, OR AN ENHANCED
ASSISTED LIVING RESIDENCE LICENSED UNDER ARTICLE SEVEN OF THE SOCIAL
SERVICES LAW AND CERTIFIED UNDER ARTICLE FORTY-SIX-B OF THIS CHAPTER
PROVIDING ENHANCED ASSISTED LIVING SERVICES.
S 7. Subdivision 9 of section 3613 of the public health law is renum-
bered subdivision 10 and a new subdivision 9 is added to read as
follows:
9. THE DEPARTMENT SHALL INDICATE WITHIN THE HOME CARE SERVICES WORKER
REGISTRY WHEN A HOME HEALTH AIDE HAS SATISFIED ALL APPLICABLE TRAINING
AND RECERTIFICATION REQUIREMENTS AND HAS PASSED THE APPLICABLE COMPETEN-
CY EXAMINATIONS NECESSARY TO PERFORM ADVANCED TASKS PURSUANT TO SUBDIVI-
SION TWO OF SECTION SIXTY-NINE HUNDRED EIGHT OF THE EDUCATION LAW AND
REGULATIONS ISSUED THERETO. ANY LIMITATION OR REVOCATION OF THE ADVANCED
HOME HEALTH AIDE'S AUTHORIZATION ALSO SHALL BE INDICATED ON THE REGIS-
TRY.
S 8. Subdivision 6 of section 2899 of the public health law, as
amended by chapter 94 of the laws of 2014, is amended to read as
follows:
6. "Provider" shall mean any residential health care facility licensed
under article twenty-eight of this chapter; or any certified home health
agency, licensed home care services agency or long term home health care
program certified under article thirty-six of this chapter; ANY HOSPICE
PROGRAM CERTIFIED PURSUANT TO ARTICLE FORTY OF THIS CHAPTER; or any
adult home, enriched housing program or residence for adults licensed
under article seven of the social services law.
S 9. Paragraph (a) of subdivision 9 of section 2899-a of the public
health law, as amended by section 23 of part A of chapter 60 of the laws
of 2014, is amended to read as follows:
(a) In the event that funds are appropriated in any given fiscal year
for the reimbursement for the costs of providing such criminal history
information, reimbursement shall be made available in an equitable and
direct manner for the projected cost of the fee established pursuant to
law by the division of criminal justice services for processing a crimi-
nal history information check, the fee imposed by the federal bureau of
investigation for a national criminal history check, and costs associ-
ated with obtaining the fingerprints to all providers licensed, but not
certified under article thirty-six of this chapter, PROVIDERS CERTIFIED
UNDER ARTICLE FORTY OF THIS CHAPTER, and all adult care facilities
licensed under article seven of the social services law, including those
that are subject to this article and are unable to access direct
reimbursement from state and/or federal funded health programs.
S 10. On or before September 1, 2016, the commissioner of health
shall, in consultation with the commissioner of education, issue a
report to the governor and the chairs of the senate and assembly health
and higher education committees setting forth the recommendations of the
workgroup convened by the commissioner of health for the purpose of
providing guidance on the performance of advanced tasks which may be
performed by advanced home health aides.
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S 11. On or before October 1, 2022, the commissioner of health shall,
in consultation with the commissioner of education, issue a report on
the implementation of advanced home health aides in the state. Such
report shall include the number of advanced home health aides authorized
pursuant to this act; the number of home health aides and personal care
aides that became authorized to perform advanced tasks; the number of
advanced home health aides that became registered as licensed practical
nurses; the types of advanced tasks that advanced home health aides are
performing; the number of complaints pertaining to services provided by
advanced home health aides that were reported to the department of
health; and the number of advanced home health aides who had their
authorization limited or revoked. Such report shall provide recommenda-
tions to the governor and the chairs of the senate and assembly health
and higher education committees regarding the implementation of home
health aides pursuant to this act, and any recommendations related ther-
eto.
S 12. This act shall take effect immediately; provided that:
a. sections one and three of this act shall take effect eighteen
months after this act shall have become a law. Effective immediately,
the commissioner of education is authorized to adopt or amend regu-
lations and take such other actions as are necessary to implement the
provisions of sections one and two of this act on or before such effec-
tive date; provided, further, that no advanced tasks shall be performed
pursuant to the provisions of subdivision two of section 6908 of the
education law, as added by section one of this act, on or before such
effective date; provided further, that no advanced tasks shall be
performed pursuant to such provisions until such regulations are adopted
and except in conformance with such regulations including in conformance
with the provisions of such regulations related to the completion of
advanced home health aide training and the satisfaction of competency
examination requirements; and provided, further, that sections eight and
nine of this act shall take effect April 1, 2018 and shall apply only to
prospective employees.
b. this act shall expire and be deemed repealed March 31, 2023.