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SECTION 6908
Exempt persons
SECTION 6909
Special provision
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 139
§ 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.
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.