Establishes the nurse practitioners modernization act

7 Co-sponsors

• Tony Avella
• Adriano Espaillat
• Velmanette Montgomery
• Suzi Oppenheimer
• Patty Ritchie
• Joseph E. Robach
• Diane J. Savino

BILL NUMBER:S3289A

Title of bill

An act to amend the education law, in relation to establishing the nurse practitioners modernization act; and providing for the repeal of such provisions upon the expiration thereof

Purpose or general idea of bill

To limit the requirement of a collaboration agreement between a nurse practitioner and a physician as a condition for practice.

Summary of specific provisions

The bill amends the nurse practice act in Education law to limit the requirements for written collaboration agreements and practice protocols between nurse practitioners (NPs) and physicians to NPs who are practicing for less than 36 months and 3,600 hours with exceptions for good cause approved by the Education Department. Under the exceptions allowed, a collaborating physician may be substituted by a collaborating NP who is past his or her written-collaboration term and is qualified to collaborate in the specialty involved.

NPs who have passed the written-collaboration term successfully will still be required to maintain "collaborative relationships" with physicians or Article 28 hospitals with written guidelines covering consultation and emergency referral plans. The written guidelines must be filed with the department and failure to do so will constitute misconduct.

The department will survey physicians and NPs on their experience with the new requirements and report their findings and recommendations to the legislature by September 1, 2016.

Justification

Nurse Practitioners practice in a variety of primary and specialty care settings including ambulatory, acute, long term care, and primary care. Nurse practitioners are licensed and certified by the State Education Department to diagnose illness and physical conditions and perform therapeutic and corrective measures, order tests, prescribe medications, medical devices and immunizing agents and, when appropriate, refer patients to other health care providers, without direct supervision. In addition to their advance certification by the Nursing Board, many NPs are certified by national accrediting agencies in one or more practice specialty. Currently, New York requires a mandatory collaboration relationship between a NP and a MD. That relationship is defined by a written practice agreement which can be as narrow or as broad as the MD is willing. Elsewhere, NPs practice with complete independence in 13 states (AL, AZ, DC, IA, ID, ME, MT, NH, NM, OR, UT, WA, WY). Given the education, training and advanced certification of NPs, mandatory collaboration no longer serves a clinical purpose. Instead, mandatory

collaboration serves as a barrier to practice and a disincentive to advanced certification, and it restricts access to primary health care for individuals and families in underserved areas of the state.

Prior legislative history

Based on 2008: A.10829 - Referred to Higher Education Committee 2009-10: A.765-B - Referred to Higher Education Committee

Fiscal implications

Reduces administrative costs for the State Education Department.

Effective date

180 days after the date of enactment.