New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter B - Regulation of Professions › Part 64 - Nursing › Section 64.5 - Nurse practitioner practice

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Collaborative Practice
(1) A nurse
				  practitioner who has three thousand six hundred or fewer hours of experience
				  practicing as a licensed or certified nurse practitioner pursuant to the laws
				  of New York or any other state or as a nurse practitioner while employed by the
				  United States Veterans Administration, the United States Armed Forces or the
				  United States Public Health Service shall practice in collaboration with a
				  physician qualified in the specialty involved and in accordance with a written
				  practice agreement and written practice protocols.
(2) Practice agreements and practice
				  protocols shall be maintained in the practice setting of the nurse practitioner
				  and collaborating physician and shall be available to the department for
				  inspection.
(3) Practice agreements
				  shall include provisions for referral and consultation, coverage for emergency
				  absences of either the nurse practitioner or collaborating physician,
				  resolution of disagreements between the nurse practitioner and collaborating
				  physician regarding matters of diagnosis and treatment, and the review of
				  patient records at least every three months by the collaborating physician; and
				  may include such other provisions as determined by the nurse practitioner and
				  collaborating physician to be appropriate.
(4) Protocols shall identify the area of
				  practice to be performed by the nurse practitioner in collaboration with the
				  physician and shall reflect accepted standards of nursing and medical practice.
				  Protocols shall include provisions for case management, including diagnosis,
				  treatment, and appropriate recordkeeping by the nurse practitioner; and may
				  include such other provisions as are determined by the nurse practitioner and
				  collaborating physician to be appropriate. Such protocols may be updated
				  periodically.
(5) The department in
				  its discretion or upon request of a nurse practitioner or collaborating
				  physician may review practice protocols for the purpose of insuring that they
				  are in conformance with accepted medical and nursing practice and with the
				  statutes and regulations governing the practice of medicine, nursing, and the
				  prescribing of drugs, and may render an opinion which shall be binding upon the
				  parties to the protocol. A practice and protocol committee designated by the
				  Deputy Commissioner for the Professions shall review practice protocols and
				  shall recommend findings as to their adequacy and conformity with current
				  accepted medical and nursing practice. If the department determines that a
				  protocol is inadequate or contrary to current accepted medical and nursing
				  practice it shall communicate that determination, and the reasons therefor, to
				  the nurse practitioner to the collaborating physician in writing. The nurse
				  practitioner and collaborating physician shall conform to accepted medical and
				  nursing practice immediately, and shall submit a revised protocol within 30
				  days of receipt of the department's determination, unless an extension of time
				  is requested and granted by the department. Continuation of practice in
				  violation of the determination shall constitute unprofessional conduct by
				  either or both licensees.
(6) An
				  appeal from a determination that a practice protocol is inadequate or contrary
				  to current accepted medical and nursing practice may be taken within 30 days
				  after receipt of the notice of determination by a petition setting forth the
				  reasons for the appeal, and signed by both the nurse practitioner and the
				  collaborating physician. Such joint appeal shall be filed with the Division of
				  Professional Licensing Services and determined by the Committee on the
				  Professions whose determination shall be final.
(7) In addition to the requirements of
				  section 6810  of the
				  Education Law, prescription forms used by nurse practitioners shall be printed
				  with the name, nurse practitioner certificate number, office address, and
				  office telephone number of the nurse practitioner.