§ 6902. Definition of practice of nursing.
1.The practice of the\nprofession of nursing as a registered professional nurse is defined as\ndiagnosing and treating human responses to actual or potential health\nproblems through such services as casefinding, health teaching, health\ncounseling, and provision of care supportive to or restorative of life\nand well-being, and executing medical regimens prescribed by a licensed\nphysician, dentist or other licensed health care provider legally\nauthorized under this title and in accordance with the commissioner's\nregulations. A nursing regimen shall be consistent with and shall not\nvary any existing medical regimen.\n 2. The practice of nursing as a licensed practical nurse is defined as\nperforming tasks and responsibilities within the fra
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§ 6902. Definition of practice of nursing. 1. The practice of the\nprofession of nursing as a registered professional nurse is defined as\ndiagnosing and treating human responses to actual or potential health\nproblems through such services as casefinding, health teaching, health\ncounseling, and provision of care supportive to or restorative of life\nand well-being, and executing medical regimens prescribed by a licensed\nphysician, dentist or other licensed health care provider legally\nauthorized under this title and in accordance with the commissioner's\nregulations. A nursing regimen shall be consistent with and shall not\nvary any existing medical regimen.\n 2. The practice of nursing as a licensed practical nurse is defined as\nperforming tasks and responsibilities within the framework of\ncasefinding, health teaching, health counseling, the application of\ntopical fluoride varnish, and provision of supportive and restorative\ncare under the direction of a registered professional nurse or licensed\nphysician, dentist or other licensed health care provider legally\nauthorized under this title and in accordance with the commissioner's\nregulations.\n 3. (a) (i) The practice of registered professional nursing by a nurse\npractitioner, certified under section six thousand nine hundred ten of\nthis article, may include the diagnosis of illness and physical\nconditions and the performance of therapeutic and corrective measures\nwithin a specialty area of practice, in collaboration with a licensed\nphysician qualified to collaborate in the specialty involved, provided\nsuch services are performed in accordance with a written practice\nagreement and written practice protocols except as permitted by\nparagraph (b) of this subdivision. The written practice agreement shall\ninclude explicit provisions for the resolution of any disagreement\nbetween the collaborating physician and the nurse practitioner regarding\na matter of diagnosis or treatment that is within the scope of practice\nof both. To the extent the practice agreement does not so provide, then\nthe collaborating physician's diagnosis or treatment shall prevail.\n (ii) Prescriptions for drugs, devices and immunizing agents may be\nissued by a nurse practitioner, under this paragraph and section six\nthousand nine hundred ten of this article, in accordance with the\npractice agreement and practice protocols except as permitted by\nparagraph (b) of this subdivision. The nurse practitioner shall obtain a\ncertificate from the department upon successfully completing a program\nincluding an appropriate pharmacology component, or its equivalent, as\nestablished by the commissioner's regulations, prior to prescribing\nunder this paragraph. The certificate issued under section six thousand\nnine hundred ten of this article shall state whether the nurse\npractitioner has successfully completed such a program or equivalent and\nis authorized to prescribe under this paragraph.\n (iii) Each practice agreement shall provide for patient records review\nby the collaborating physician in a timely fashion but in no event less\noften than every three months. The names of the nurse practitioner and\nthe collaborating physician shall be clearly posted in the practice\nsetting of the nurse practitioner.\n * (iv) The practice protocol shall reflect current accepted medical\nand nursing practice and may be updated periodically. The commissioner\nshall make regulations establishing the procedure for the review of\nprotocols and the disposition of any issues arising from such review.\n * NB Effective until July 1, 2026\n * (iv) The practice protocol shall reflect current accepted medical\nand nursing practice. The protocols shall be filed with the department\nwithin ninety days of the commencement of the practice and may be\nupdated periodically. The commissioner shall make regulations\nestablishing the procedure for the review of protocols and the\ndisposition of any issues arising from such review.\n * NB Effective July 1, 2026\n (v) No physician shall enter into practice agreements with more than\nfour nurse practitioners who are not located on the same physical\npremises as the collaborating physician.\n * (b) Notwithstanding subparagraph (i) of paragraph (a) of this\nsubdivision, a nurse practitioner, certified under section sixty-nine\nhundred ten of this article and practicing for more than three thousand\nsix hundred hours shall not be required to comply with the requirements\nof paragraph (a) of this subdivision relating to collaboration with a\nphysician, a written practice agreement and written practice protocols.\n * NB Effective until July 1, 2026\n * (b) Notwithstanding subparagraph (i) of paragraph (a) of this\nsubdivision, a nurse practitioner, certified under section sixty-nine\nhundred ten of this article and practicing for more than three thousand\nsix hundred hours may comply with this paragraph in lieu of complying\nwith the requirements of paragraph (a) of this subdivision relating to\ncollaboration with a physician, a written practice agreement and written\npractice protocols. A nurse practitioner complying with this paragraph\nshall have collaborative relationships with one or more licensed\nphysicians qualified to collaborate in the specialty involved or a\nhospital, licensed under article twenty-eight of the public health law,\nthat provides services through licensed physicians qualified to\ncollaborate in the specialty involved and having privileges at such\ninstitution. As evidence that the nurse practitioner maintains\ncollaborative relationships, the nurse practitioner shall complete and\nmaintain a form, created by the department, to which the nurse\npractitioner shall attest, that describes such collaborative\nrelationships. For purposes of this paragraph, "collaborative\nrelationships" shall mean that the nurse practitioner shall communicate,\nwhether in person, by telephone or through written (including\nelectronic) means, with a licensed physician qualified to collaborate in\nthe specialty involved or, in the case of a hospital, communicate with a\nlicensed physician qualified to collaborate in the specialty involved\nand having privileges at such hospital, for the purposes of exchanging\ninformation, as needed, in order to provide comprehensive patient care\nand to make referrals as necessary. Such form shall also reflect the\nnurse practitioner's acknowledgement that if reasonable efforts to\nresolve any dispute that may arise with the collaborating physician or,\nin the case of a collaboration with a hospital, with a licensed\nphysician qualified to collaborate in the specialty involved and having\nprivileges at such hospital, about a patient's care are not successful,\nthe recommendation of the physician shall prevail. Such form shall be\nupdated as needed and may be subject to review by the department. The\nnurse practitioner shall maintain documentation that supports such\ncollaborative relationships. Failure to comply with the requirements\nfound in this paragraph by a nurse practitioner who is not complying\nwith such provisions of paragraph (a) of this subdivision, shall be\nsubject to professional misconduct provisions as set forth in article\none hundred thirty of this title.\n * NB Effective July 1, 2026\n (c) Nothing in this subdivision shall be deemed to limit or diminish\nthe practice of the profession of nursing as a registered professional\nnurse under this article or any other law, rule, regulation or\ncertification, nor to deny any registered professional nurse the right\nto do any act or engage in any practice authorized by this article or\nany other law, rule, regulation or certification.\n (d) The provisions of this subdivision shall not apply to any activity\nauthorized, pursuant to statute, rule or regulation, to be performed by\na registered professional nurse in a hospital as defined in article\ntwenty-eight of the public health law.\n