2019 New York Laws
EDN - Education
Title 8 - The Professions
Article 139 - Nursing
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.
  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 administering immunizations to prevent

influenza, pneumococcal, acute herpes  zoster,  meningococcal,  tetanus,
diphtheria  or  pertussis disease and medications required for emergency
treatment of anaphylaxis. Nothing in this  subdivision  shall  authorize
unlicensed persons to administer immunizations, vaccines or other drugs.
  * NB Effective until July 1, 2020
  * 7.  A  certified  nurse  practitioner  may  prescribe  and  order  a
non-patient specific regimen  to  a  licensed  pharmacist,  pursuant  to
regulations  promulgated  by  the  commissioner, and consistent with the
public health law, for  administering  immunizations.  Nothing  in  this
subdivision   shall   authorize   unlicensed   persons   to   administer
immunizations, vaccines or other drugs.
  * NB Effective and Repealed July 1, 2020
  * 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, 2023
  * 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.