S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10990
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
   -- read once and referred to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to the practice  protocol
   for nurse practitioners; and to amend part D of chapter 56 of the laws
   of  2014,  amending  the education law relating to enacting the "nurse
   practitioners modernization act", in  relation  to  the  effectiveness
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs (i) and (iv) of paragraph (a) of  subdivision
 3  of section 6902 of the education law, as amended by section 2 of part
 D of chapter 56 of the laws of 2014, is amended to read as follows:
   (i) The practice of registered professional nursing by a nurse practi-
 tioner, 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
 OR NURSE PRACTITIONER PRACTICING  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION,   qualified  to  collaborate  in  the  specialty  involved,
 provided such services are performed in accordance with a written  prac-
 tice  agreement  and  written  practice protocols except as permitted by
 paragraph (b) of this subdivision. 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.
   (iv) 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 estab-
 lishing the procedure for the review of protocols and the disposition of
 any issues arising from such review.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD17162-01-0

 A. 10990                            2
 
   § 2. Paragraph (b) of subdivision 3 of section 6902 of  the  education
 law,  as added by section 2 of part D of chapter 56 of the laws of 2014,
 is amended to read as follows:
   (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivi-
 sion,  a  nurse practitioner, certified under section sixty-nine hundred
 ten of this article and practicing for  more  than  three  thousand  six
 hundred  hours  [may  comply  with  this paragraph in lieu of complying]
 SHALL NOT BE REQUIRED TO COMPLY with the requirements of  paragraph  (a)
 of  this subdivision relating to collaboration with a physician, a writ-
 ten practice agreement and written practice protocols[. A nurse  practi-
 tioner  complying with this paragraph shall have collaborative relation-
 ships with one or more licensed physicians qualified to  collaborate  in
 the  specialty  involved  or  a hospital, licensed under article twenty-
 eight of the public health law, that provides services through  licensed
 physicians qualified to collaborate in the specialty involved and having
 privileges  at such institution. As evidence that the nurse practitioner
 maintains collaborative  relationships,  the  nurse  practitioner  shall
 complete  and  maintain  a form, created by the department, to which the
 nurse practitioner  shall  attest,  that  describes  such  collaborative
 relationships.  For purposes of this paragraph, "collaborative relation-
 ships" shall mean that the nurse practitioner shall communicate, whether
 in person, by telephone or through written (including electronic) means,
 with a licensed physician qualified  to  collaborate  in  the  specialty
 involved  or,  in  the  case  of a hospital, communicate with a licensed
 physician qualified to collaborate in the specialty involved and  having
 privileges at such hospital, for the purposes of exchanging information,
 as  needed,  in  order to provide comprehensive patient care and to make
 referrals as necessary. Such form shall also reflect the  nurse  practi-
 tioner's  acknowledgement  that  if  reasonable  efforts  to resolve any
 dispute that may arise with the collaborating physician or, in the  case
 of  a collaboration with a hospital, with a licensed physician qualified
 to collaborate in the specialty involved and having privileges  at  such
 hospital,  about a patient's care are not successful, the recommendation
 of the physician shall prevail. Such form shall be updated as needed and
 may be subject to review by the department. The nurse practitioner shall
 maintain documentation that supports such  collaborative  relationships.
 Failure  to  comply  with  the requirements found in this paragraph by a
 nurse practitioner who is not complying with such  provisions  of  para-
 graph  (a) of this subdivision, shall be subject to professional miscon-
 duct provisions as set forth in  article  one  hundred  thirty  of  this
 title].
   §  3.  Section 3 of part D of chapter 56 of the laws of 2014, amending
 the education law relating to enacting the "nurse practitioners  modern-
 ization act", is amended to read as follows:
   § 3. This act shall take effect on the first of January after it shall
 have  become  a law [and shall expire June 30 of the sixth year after it
 shall have become a law, when upon such date the provisions of this  act
 shall  be deemed repealed]; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the  implementation of this act on its effective date is
 authorized and directed to be made  and  completed  on  or  before  such
 effective date.
   § 4. This act shall take effect immediately.