BILL NUMBER: S2360
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the education law, in relation to supervision by certain
nurse practitioners; and to amend part C of chapter 57 of the laws of
2022 amending the education law relating to modernizing nurse practi-
tioners, in relation to making certain provisions permanent
 
PURPOSE:
Makes permanent the 2022 amendments to the Nurse Practitioner Moderniza-
tion Act; and continues the obligation of newly certified nurse practi-
tioners ("NP") to maintain written practice agreements, provided, howev-
er, that junior NPs would be permitted to collaborate with a licensed
physician or an experienced NP.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends section 6902 of the Education Law, as it relates to the
definition of practice of nursing, to clarify that newly certified NPs
may enter into the required written practice agreement with either a
qualified physician or an experienced NP.
Section 2 amends section 8 of part C of chapter 57 of the laws of 2022,
as it relates to the effective date, to ensure that the changes to the
nurse practitioner authorizing statutes are made permanent.
Section 3 provides the effective date.
 
JUSTIFICATION:
To increase access to health care services and eliminate artificial
administrative barriers to consumer care, as part of the 2014 budget,
the State adopted the Nurse Practitioner Modernization Act (NPMA). The
NPMA, among other things:
(i) eliminated the requirement that NPs with at least 3,600 hours of
practice maintain a Written Practice Agreement or Written Practice
Protocols, provided that the experienced NP maintains a collaborative
relationship with one or more licensed physicians qualified to collab-
orate in the specialty involved or a hospital; and
(ii) required that the State Education Department (SED) issue a report,
in consultation with DOH, regarding the law's implementation and offer
recommendations.
The joint SED-DOH report released in late November 2018 summarized the
law, described how it was implemented by SED, and included several
"Findings and Recommendations." Recognizing the importance of those
recommendations, further revisions were made to the NPMA as part of the
2022 budget but had a two-year sunset clause. Those changes, which in no
way altered the NP scope of practice, but did affect their ability to be
certified, would be made permanent through this legislation.
 
LEGISLATIVE HISTORY:
2023-2024: S6800 Rivera / A6445 Paulin
 
EFFECTIVE DATE:
This bill shall take effect immediately.

Statutes affected:
S2360: 6902 education law, 6902(3) education law