NY State Senate Bill 2025-S6334

Senate Bill S6334

2025-2026 Legislative Session

Expands the description of certain services which are not prohibited by statutes governing the practice of nursing

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2025	referred to higher education

2025-S6334 (ACTIVE) - Details

See Assembly Version of this Bill:: A7284
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6908, Ed L
Versions Introduced in 2023-2024 Legislative Session:: A7704

2025-S6334 (ACTIVE) - Summary

Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.

2025-S6334 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6334

SPONSOR: FAHY
 
TITLE OF BILL:

An act to amend the education law, in relation to expanding the
description of certain services which are not prohibited by statutes
governing the practice of nursing

 
PURPOSE.up off;:

This bill would authorize direct support staff in non-facility OPWDD
programs to provide nursing services under the instruction of a service
recipient, family, or household member as determined by a registered
professional nurse.

 
SUMMARY OF PROVISIONS:

Section 1 renumbers and adds a new subparagraph v to paragraph a of
subdivision one of Section 6908 of the Education law.

Section 2 sets the effective date.

 
JUSTIFICATION:

The Department of Health has a program called CDPAP by some and CDPAS by
others that allow employees to administer medication with appropriate
training. Allowing it for elderly and not for people with disabilities
makes little sense. Some people who receive OPWDD services also receive
the DOH services, so they will clock out of their OPWDD-funded position,
clock into their DOH job, administer the medication, and then go back on
the OPWDD program payroll. Direct Support Professionals can also be
trained to administer medication in a provider-controlled building but
not a building that the family owns. This bill would allow greater flex-
ibility for the performance of certain nursing tasks by unlicensed
employees of providers certified by OPWDD in non-certified community-
based settings. This would allow more individuals to remain in or tran-
sition to more independent settings, decreasing the reliance on certi-
fied residential settings.

 
LEGISLATIVE HISTORY:

2023: A07704 referred to Higher Education

2024: A07704A reported from Higher Education and referred to Codes

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law, and shall expire and be deemed repealed July 1, 2030.  Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

2025-S6334 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6334
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2025
                                ___________
 
 Introduced  by  Sen.  FAHY  --  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  expanding  the
   description  of  certain services which are not prohibited by statutes
   governing the practice of nursing

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph  (v)  of  paragraph  (a) of subdivision 1 of
 section 6908 of the education law is renumbered subparagraph (vi) and  a
 new subparagraph (v) is added to read as follows:
   (V)  TASKS  PROVIDED  BY  A DIRECT SUPPORT STAFF IN NON-FACILITY BASED
 PROGRAMS CERTIFIED OR APPROVED BY THE OFFICE FOR  PEOPLE  WITH  DEVELOP-
 MENTAL  DISABILITIES,  WHEN PERFORMED UNDER THE INSTRUCTION OF A SERVICE
 RECIPIENT, FAMILY, OR HOUSEHOLD MEMBER IN ACCORDANCE WITH  AND  PURSUANT
 TO AN AUTHORIZED PRACTITIONER'S ORDERED CARE, PROVIDED THAT:
   (1)  A REGISTERED PROFESSIONAL NURSE DETERMINES, IN THEIR PROFESSIONAL
 JUDGMENT, WHICH TASKS ARE TO BE PERFORMED BASED UPON:
   (A) THE COMPLEXITY OF THE TASKS;
   (B) THE SKILL AND EXPERIENCE OF THE DIRECT SUPPORT STAFF;
   (C) THE HEALTH STATUS AND SPECIFIC CARE NEEDS OF THE  SERVICE  RECIPI-
 ENT; AND
   (D)  THE  SERVICE  RECIPIENT,  FAMILY,  OR HOUSEHOLD MEMBER IS ABLE TO
 EFFECTIVELY AND EFFICIENTLY TRAIN AND INSTRUCT THE DIRECT SUPPORT  STAFF
 PROVIDING TASKS;
   (2)  ONLY  A  DIRECT  SUPPORT  STAFF  THAT  HAS  COMPLETED TRAINING AS
 REQUIRED BY THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES MAY PERFORM TASKS PURSUANT TO THIS SUBPARAGRAPH;
   (3) A DIRECT SUPPORT STAFF SHALL NOT ASSESS THE MEDICATION NEEDS OF AN
 INDIVIDUAL;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00694-02-5
 S. 6334                             2

   (4) A DIRECT SUPPORT STAFF SHALL NOT  BE  AUTHORIZED  TO  PERFORM  ANY
 TASKS  OR  ACTIVITIES PURSUANT TO THIS SUBPARAGRAPH THAT ARE OUTSIDE THE
 SCOPE OF PRACTICE OF A LICENSED PRACTICAL NURSE;
   (5)  A  DIRECT SUPPORT STAFF SHALL NOT REPRESENT THEMSELVES, OR ACCEPT
 EMPLOYMENT,  AS  A  PERSON  LICENSED  TO  PRACTICE  NURSING  UNDER   THE
 PROVISIONS OF THIS ARTICLE;
   (6)  A  DIRECT SUPPORT STAFF PROVIDING MEDICATION ADMINISTRATION, TUBE
 FEEDING, OR DIABETIC CARE SHALL BE SEPARATELY CERTIFIED,  AND  SHALL  BE
 RECERTIFIED ON AN ANNUAL BASIS;
   (7)  IN THE EVENT THAT A REGISTERED PROFESSIONAL NURSE DETERMINES THAT
 THE SERVICE RECIPIENT, FAMILY, OR HOUSEHOLD MEMBER  IS  NOT  CAPABLE  OF
 PROVIDING  SUCH  INSTRUCTION,  A  DIRECT SUPPORT STAFF SHALL NOT PROVIDE
 TASKS PURSUANT TO THIS SUBPARAGRAPH. IN THE EVENT  OF  ANY  DISAGREEMENT
 BETWEEN A REGISTERED PROFESSIONAL NURSE AND A SERVICE RECIPIENT, FAMILY,
 OR  HOUSEHOLD  MEMBER  REGARDING  SUCH  CAPABILITY,  THEN THE REGISTERED
 PROFESSIONAL NURSE'S DETERMINATION SHALL PREVAIL;
   (8) A DIRECT SUPPORT STAFF SHALL NOT PROVIDE ANY TASKS UNLESS A REGIS-
 TERED PROFESSIONAL NURSE HAS DETERMINED THAT SUCH TASK MAY BE PERFORMED;
 AND
   (9) THE  OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  SHALL
 COMPLETE  A  CRIMINAL  BACKGROUND CHECK PURSUANT TO SECTION 16.33 OF THE
 MENTAL HYGIENE LAW AND A BACKGROUND CHECK PURSUANT TO SECTION  16.34  OF
 THE  MENTAL  HYGIENE  LAW  ON  THE  DIRECT  SUPPORT  STAFF  PRIOR TO THE
 COMMENCEMENT OF ANY PROVISION OF SERVICE PROVIDED  UNDER  THIS  SUBPARA-
 GRAPH  IF  SUCH  DIRECT SUPPORT STAFF IS A NEW HIRE. LICENSED REGISTERED
 PROFESSIONAL NURSES  AND  INDIVIDUALS  PROVIDING  DIRECT  SUPPORT  TASKS
 PURSUANT TO THIS SUBPARAGRAPH SHALL HAVE PROTECTION PURSUANT TO SECTIONS
 SEVEN  HUNDRED FORTY AND SEVEN HUNDRED FORTY-ONE OF THE LABOR LAW, WHERE
 APPLICABLE; OR
   § 2. This act shall take effect eighteen months after  it  shall  have
 become  a  law,  and  shall  expire and be deemed repealed July 1, 2030.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized to be made and  completed  on  or  before  such
 effective date.

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