N.Y. Education Law § 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, 2030

(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 and COVID-19 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, 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 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. 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.