NY Educ L § 6909 (2021)
2021 New York Laws EDN - Education Title 8 - The Professions Article 139 - Nursing 6909 - Special Provision.

§ 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  or  other tests to detect or screen for tuberculosis infections.  (d)  administering  tests  to  determine  the  presence  of  the human immunodeficiency virus.  (e) administering tests to determine the presence of the  hepatitis  C virus.  (f)  the  urgent  or emergency treatment of opioid related overdose or suspected opioid related overdose.  (g) screening of persons at increased risk for syphilis, gonorrhea and chlamydia.   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.   * 7.  A certified nurse practitioner may prescribe and order a patient specific order or non-patient specific regimen to a licensed pharmacist, pursuant to regulations promulgated by the commissioner, and  consistent with  the  public health law, for administering immunizations to prevent  influenza, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus, diphtheria,  COVID-19, or pertussis disease and medications required for emergency treatment of anaphylaxis. Nothing in  this  subdivision  shall authorize  unlicensed  persons  to administer immunizations, vaccines or other drugs.   * NB Effective until January 31, 2022   * 7. A certified nurse practitioner may prescribe and order a  patient specific order or non-patient specific regimen to a licensed pharmacist, pursuant  to regulations promulgated by the commissioner, and consistent with the public health law,  for:  (a)  administering  immunizations  to prevent  influenza  to  patients  two  years  of  age  or older; and (b) administering  immunizations  to  prevent  pneumococcal,  acute   herpes zoster,  hepatitis A, hepatitis B, human papillomavirus, measles, mumps, rubella, varicella,  COVID-19,  meningococcal,  tetanus,  diphtheria  or pertussis  disease  and  medications required for emergency treatment of anaphylaxis to  patients  eighteen  years  of  age  or  older;  and  (c) administering  other immunizations recommended by the advisory committee on immunization  practices  of  the  centers  for  disease  control  and prevention   for  patients  eighteen  years  of  age  or  older  if  the commissioner of health in consultation with the commissioner  determines that  an  immunization: (i) (A) may be safely administered by a licensed pharmacist within their lawful scope of practice; and (B) is  needed  to prevent  the  transmission  of a reportable communicable disease that is prevalent in New York state; or (ii) is a recommended  immunization  for such  patients who: (A) meet age requirements, (B) lack documentation of such immunization, (C) lack evidence of past infection, or (D)  have  an additional  risk  factor  or  another  indication  as recommended by the advisory committee on immunization practices of the centers for  disease control  and  prevention.  Nothing  in  this subdivision shall authorize unlicensed persons to administer immunizations, vaccines or other drugs.   * NB Effective January 31, 2022   * 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 certified 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 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-specific 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 supervising 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.   * NB Repealed March 31, 2023   * NB There are 2 sb 8's   * 8.  A certified nurse practitioner may prescribe and order a patient specific order or non-patient specific order to a  licensed  pharmacist, pursuant  to regulations promulgated by the commissioner in consultation with the commissioner of health, and consistent with the  public  health law,  for dispensing up to a seven day starter pack of HIV post-exposure prophylaxis for the purpose of preventing human  immunodeficiency  virus infection following a potential human immunodeficiency virus exposure.   * NB There are 2 sb 8's   9.  A  registered  professional nurse may execute a standing order for newborn care  in  a  hospital  established  under  section  twenty-eight hundred  three-v  of the public health law, as provided in that section. The commissioner may make regulations relating to implementation of this subdivision.   10.  A  certified  nurse  practitioner  may  prescribe  and  order   a non-patient-specific  regimen  to a licensed pharmacist, for insulin and related supplies pursuant to section sixty-eight  hundred  one  of  this title.