Allows nurse practitioners to perform any function in conjunction with the making of a diagnosis of illness or physical condition unless expressly not authorized by law

2 Co-sponsors

• Susan John
• William Scarborough

1 Multi-sponsor

• Michael Cusick

BILL NUMBER:A10218A

Title of bill

An act to amend the education law, in relation to authorizing nurse practitioners to perform functions in conjunction with diagnosing an illness

Purpose or general idea of bill

To clarify that nurse practitioners may perform various functions in conjunction with clinical services within their scope of practice.

Summary of specific provisions

Adds a new paragraph (h) to section 6902 of the Education Law to clarify that a nurse practitioner may perform any function in conjunction with a diagnosis or treatment that is within the nurse practitioner's scope of practice, where a statute authorizes or directs a physician to perform that function. For example, a nurse practitioner could fill out a form certifying to a diagnosis, or issue an order. This section shall not be construed to increase or decrease the lawful scope of practice of a nurse practitioner.

Justification

Under existing law, nurse practitioners are able to diag- nose illness and physical conditions, and perform therapeutic and corrective measures within a specialty area of practice. Yet they are not authorized by some statutes to perform many functions related to their lawful practice. Following are examples of why this legislation is needed.

Nurse practitioners are frequently the caregivers in attendance when a patient passes away. With their extensive training and expertise, they are fully qualified under their existing scope of practice to issue death certificates.

Under current law, the attending physician must obtain the contemporane- ous consent of a patient with decisional capacity prior to issuing a DNR. The decision by an individual about whether to withhold resusci- tation is a deeply personal one. It should be contemplated in consulta- tion with a person's primary care provider, which in many instances is a nurse practitioner. Because current law only allows physicians to execute a DNR, many patients are deprived of the ability to make this decision in collaboration with their primary care provider if such provider is a nurse practitioner. Patients should not be limited to establishing a DNR for themselves with a physician with whom they may have had little or no direct contact.

Many children have a pediatric nurse practitioner as their primary care provider. Nurse practitioners have the training, skill, and familiarity necessary to recognize and certify pediatric patients who are at risk of detrimental health effects from vaccines. In the interest of common sense and efficiency, nurse practitioners should be recognized as capa- ble of making such certification when necessary.

Prior legislative history

new bill

Fiscal implications

none

Effective date

immediately