Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7704
SPONSOR: McMahon TITLE OF BILL:
An act to amend the education law, in relation to expanding the
description of certain services which are not prohibited by statutes
governing the practice of nursing
PURPOSE OR GENERAL IDEA OF-BILL:
Expands the description of certain services which are not prohibited by
statutes governing the practice of nursing
SUMMARY OF PROVISIONS:
Section 1 adds a new paragraph to section 6908 of the education law.
Section 2 sets the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
The state Department-of Health has a program called CDPAP by some and
CDPAS by others that allow employees to administer medication with
appropriate training. Allowing it for elderly and not for people with
disabilities makes little sense.
Some people who receive OPWDD services also receive the DOH services, so
they will clock out of their OPWDD-funded position, clock into their DOH
job, administer the medication, and then go back on the OPWDD program
payroll.
Direct Support Professionals can also be trained to administer medica-
tion in a provider-controlled building but not a building that the fami-
ly owns, which also makes no sense'. The registered nurse would decide
if the process is safe on a case-by-case basis.
This bill would allow greater flexibility for the performance of certain
nursing tasks by unlicensed employees of providers certified by OPWDD in
non-certified community-based settings. This would allow more individ-
uals to remain in or transition to more independent settings, decreasing
the reliance on certified residential settings.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7704
2023-2024 Regular Sessions
IN ASSEMBLY
June 6, 2023
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to expanding the
description of certain services which are not prohibited by statutes
governing the practice of nursing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph (v) of paragraph (a) of subdivision 1 of
2 section 6908 of the education law is renumbered subparagraph (vi) and a
3 new subparagraph (v) is added to read as follows:
4 (v) tasks provided by direct support staff in non-facility based
5 programs certified, authorized or approved by the office for people with
6 developmental disabilities, so long as such staff do not hold themselves
7 out as accepting employment solely for performing such care, and where
8 nursing services are under the instruction of a service recipient or
9 family or household member determined by a registered professional nurse
10 to be capable of providing such instruction. In the event that the
11 registered nurse determines that the service recipient, family, or
12 household member is not capable of providing such instruction, nursing
13 tasks may be performed by direct support staff pursuant to subparagraph
14 (vi) of this paragraph subject to the requirements set forth therein; or
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11654-02-3
