2023 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.
* (h) administering tests to determine the presence of COVID-19 or its
antibodies or influenza virus.
* NB Repealed July 1, 2026
(i) administering electrocardiogram tests to detect signs and symptoms
of acute coronary syndrome.
(j) administering point-of-care blood glucose tests to evaluate  acute
mental status changes in persons with suspected hypoglycemia.
(k)  administering  tests  and  intravenous lines to persons that meet
severe sepsis and septic shock criteria.
(l) administering tests to determine pregnancy.
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: (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.
* 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, 2029
* 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.
11.  A  certified  nurse  practitioner  may  prescribe  and  order   a
non-patient  specific  order to a pharmacist licensed and located in the
state, pursuant to regulations  promulgated  by  the  commissioner,  and
consistent  with  section  sixty-eight  hundred  one  of this title, for
dispensing  self-administered  hormonal  contraceptives  as  defined  in
section sixty-eight hundred two of this title.