BILL NUMBER: S3822
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, the education law, the vehicle
and traffic law, and the judiciary law, in relation to making conforming
changes reflecting the previously authorized scope of practice of nurse
practitioners
 
PURPOSE:
To conform various sections of law with the existing scope of practice
of nurse practitioners (NP), without, in any way, altering any scope of
practice.
 
SUMMARY OF SPECIFIC PROVISIONS:
Sections 1, 2, and 3 amend Public Health Law (PHL) section 206 and
Education Law sections 305 and 923 to harmonize the standards regarding
certificates that may be signed by NPs, in addition to physicians, to
enable students to enter and return to school.
Section 4 amends Education Law section 3624 to clarify that school driv-
ers, monitors, and attendants who are required to provide proof of phys-
ical fitness for those job positions, may have their licensed physician
or certified nurse practitioner complete the examination and issue a
report.
Sections 5 and 6 amend Vehicle and Traffic Law (VTL) sections 1203-a and
1203-h to conform with VTL section 404-a, in relation to certificates of
disability.
Sections 7, 8, and 10 amend VTL sections 375, 509-d, and 1229-c with
regards to NPs certifying certain disabilities.
Section 9 amends VTL section 509-k, relating to NPs providing bus driver
health certificates.
Section 11 amends the Judiciary Law to clarify that a NP may present a
note for a prospective juror seeking to postpone service because the
juror is currently breastfeeding.
Section 12 reiterates that the preceding sections in PHL, education law,
VTL, and judiciary law do not expand or contract the NP scope of prac-
tice.
Section 13 provides an effective date.
 
JUSTIFICATION:
Subsequent to the enactment of the Nurse Practitioner Modernization Act
in 2014, the state approved a variety of conforming statutory amendments
to eliminate inappropriate references to agreements that are no longer
required and more appropriately reflect the NP scope of practice. As a
result of a further clarification enacted in 2022, NPs with over 3600
hours of practice experience are no longer required to maintain any form
of statutory collaboration with other healthcare professionals. Yet,
there are still outdated and inconsistent sections of the law that in
certain instances permit nurse practitioners to sign certain forms
consistent with their scope of practice, while other statutes do not
recognize NPs. This bill would make important conforming changes. For
example, in existing Education Law section 903 expressly provides that a
nurse practitioner is authorized to conduct an examination and sign the
health certificate that a student must present in order to attend public
schools, and section 906 acknowledges that a NP may issue a certificate
confirming that a student may return to school after recovering from a
communicable disease. However, other provisions of the education law do
not allow a NP to execute certificates that confirm a student-athlete
has returned to a health condition that would allow that student to
resume athletic activity following a concussion or cardiac issue,
despite that this type of diagnosis and treatment is wholly within the
existing scope of practice for a NP. Similarly, the VTL authorizes NPs
to execute forms for an individual determined to have a severe disabili-
ty
to apply for handicapped designated licensed plates but does not recog-
nize that the NP may complete additional forms for the same driver to
obtain a handicapped parking permit (separate from the license plate).
These technical inconsistencies in the law need to be corrected as they
are identified.
 
LEGISLATIVE HISTORY:
2023-2024: S6801/A6446 Paulin
 
FISCAL IMPLICATIONS:
This bill would have no fiscal impact on the State or local governments.
 
EFFECTIVE DATE:
Effective on the 60th day after it shall have become law.

Statutes affected:
S3822: 305 education law, 305(42) education law, 923 education law, 923(b) education law, 3624 education law, 1203-h vehicle and traffic law, 1203-h(3) vehicle and traffic law, 375 vehicle and traffic law, 375(12-a) vehicle and traffic law, 509-d vehicle and traffic law, 509-d(3) vehicle and traffic law, 509-k vehicle and traffic law, 1229-c vehicle and traffic law, 1229-c(7) vehicle and traffic law, 517 judiciary law