2023 New York Laws › PBH - Public Health › Article 28 - Hospitals › 2803-V*2 - Standing Orders for New Born Care in a Hospital.

* §  2803-v.  Standing  orders  for  newborn  care in a hospital. 1. A
hospital may establish standing orders for the care of newborns  in  the
hospital  until the discharge of the newborn from the hospital following
the birth, which may authorize an attending nurse  to  provide  services
and care to healthy newborns.
2.  As  used  in  this  section,  unless  the context clearly requires
otherwise:
(a) "Hospital" means a hospital that routinely provides perinatal care
to newborns.
(b) "Attending practitioner" means the physician, nurse  practitioner,
physician  assistant  or  midwife, acting within his or her lawful scope
and terms of practice, attending  the  birth  or  postnatal  care  of  a
newborn in a hospital.
(c) "Attending nurse" means a registered nurse attending the postnatal
care of a newborn, acting within his or her lawful scope of practice.
(d)  "Standing  order" means a non-patient specific order for the care
of healthy newborns in the hospital, established under this section.
3. A standing order may be implemented in the case of any newborn when
(a) directed by the attending practitioner, or (b) in the absence  of  a
specific  direction  by  the attending practitioner, the attending nurse
determines, in his or her professional judgment, that  implementing  the
standing  order for the newborn is clinically appropriate and consistent
with  the  standing  order,  the  hospital's  policies  and   applicable
regulations.  The  standing order shall not be implemented in a specific
situation  where  the  hospital's  policies,  the  standing  order,   or
applicable regulations provide otherwise.
4.  (a)  A standing order shall provide for the circumstances in which
the condition or change in condition of the  newborn  or  the  newborn's
mother,  or  other circumstances relating to providing services and care
to the newborn, require departure from the terms of the standing order.
(b) Where an attending nurse implementing  a  standing  order  becomes
aware  of  circumstances  that,  in  his  or  her professional judgment,
reasonably indicate a need to depart from  the  terms  of  the  standing
order,  he  or  she  shall so advise the attending practitioner. In such
circumstances,  if  the  attending  nurse  determines,  in  his  or  her
professional judgment, that the health of the newborn requires departing
from  the standing order prior to receiving direction from the attending
practitioner, the attending nurse may do so, consistent with his or  her
lawful  scope  of  practice,  the  hospital's  policies  and  applicable
regulations.
(c) The standing order shall provide, including the times and  manner,
that  an  attending practitioner shall review and acknowledge in writing
the services and care provided to the newborn under the  standing  order
and the condition of the newborn.
5.  (a)  A  standing  order  may provide for circumstances in which it
shall not be implemented,  or  implemented  only  at  the  order  of  an
attending practitioner, which may include but not be limited to:
(i) lack of or inadequate prenatal care;
(ii) a birth not attended by an attending practitioner;
(iii) a birth not occurring in a hospital; or
(iv) a premature or low birth weight birth.
(b) A standing order shall be dated, timed, and authenticated promptly
in  the patient's medical record by the attending practitioner acting in
accordance  with  law,  including   scope-of-practice   laws,   hospital
policies, and medical staff bylaws, rules and regulations.
6.  A  standing  order  may  be  implemented  only if the implementing
hospital:
(a) establishes that the order has been reviewed and approved  by  the
hospital's medical staff and nursing and pharmacy leadership, and signed
by  a  physician  affiliated  with  the  hospital  or,  in the case of a
midwifery birth center, by a midwife affiliated with the hospital;
(b)   demonstrates  that  the  order  is  consistent  with  nationally
recognized evidence-based guidelines; and
(c) ensures that the periodic and  regular  review  of  the  order  is
conducted  by  the  hospital's  medical  staff  and nursing and pharmacy
leadership to determine the continuing  usefulness  and  safety  of  the
order.
7.  A standing order is a medical regimen; it shall be consistent with
the lawful scope of practice of a registered nurse.
8.  The  commissioner  may  make  regulations  governing  the   terms,
procedures and implementation of standing orders.
* NB There are 2 § 2803-v's