§ 6909 — Special provision

§ 6909. Special provision. 1. Notwithstanding any inconsistent\nprovision of any general, special, or local law, any licensed registered\nprofessional nurse or licensed practical nurse who voluntarily and\nwithout the expectation of monetary compensation renders first aid or\nemergency treatment at the scene of an accident or other emergency,\noutside a hospital, doctor's office or any other place having proper and\nnecessary medical equipment, to a person who is unconscious, ill or\ninjured shall not be liable for damages for injuries alleged to have\nbeen sustained by such person or for damages for the death of such\nperson alleged to have occurred by reason of an act or omission in the\nrendering of such first aid or emergency treatment unless it is\nestablished that such injuries were or such death was caused by gross\nnegligence on the part of such registered professional nurse or licensed\npractical nurse. Nothing in this subdivision shall be deemed or\nconstrued to relieve a licensed registered professional nurse or\nlicensed practical nurse from liability for damages for injuries or\ndeath caused by an act or omission on the part of such nurse while\nrendering professional services in the normal and ordinary course of her\npractice.\n 2. Nothing in this article shall be construed to confer the authority\nto practice medicine or dentistry.\n 3. An applicant for a license as a registered professional nurse or\nlicensed practical nurse by endorsement of a license of another state,\nprovince or country whose application was filed with the department\nunder the laws in effect prior to August thirty-first, nineteen hundred\nseventy-one shall be licensed only upon successful completion of the\nappropriate licensing examination unless satisfactory evidence of the\ncompletion of all educational requirements is submitted to the\ndepartment prior to September one, nineteen hundred seventy-seven.\n 4. A certified nurse practitioner may prescribe and order a\nnon-patient specific regimen to a registered professional nurse,\npursuant to regulations promulgated by the commissioner, consistent with\nsubdivision three of section six thousand nine hundred two of this\narticle, and consistent with the public health law, for:\n (a) administering immunizations.\n (b) the emergency treatment of anaphylaxis.\n (c) administering purified protein derivative (PPD) tests or other\ntests to detect or screen for tuberculosis infections.\n (d) administering tests to determine the presence of the human\nimmunodeficiency virus.\n (e) administering tests to determine the presence of the hepatitis C\nvirus.\n (f) the urgent or emergency treatment of opioid related overdose or\nsuspected opioid related overdose.\n (g) screening of persons at increased risk for syphilis, gonorrhea and\nchlamydia.\n * (h) administering tests to determine the presence of COVID-19 or its\nantibodies or influenza virus.\n * NB Repealed July 1, 2026\n (i) administering electrocardiogram tests to detect signs and symptoms\nof acute coronary syndrome.\n (j) administering point-of-care blood glucose tests to evaluate acute\nmental status changes in persons with suspected hypoglycemia.\n (k) administering tests and intravenous lines to persons that meet\nsevere sepsis and septic shock criteria.\n (l) administering tests to determine pregnancy.\n 5. A registered professional nurse may execute a non-patient specific\nregimen prescribed or ordered by a licensed physician or certified nurse\npractitioner, pursuant to regulations promulgated by the commissioner.\n 6. A registered professional nurse defined under subdivision one of\nsection sixty-nine hundred two of this article may use accepted\nclassifications of signs, symptoms, dysfunctions and disorders,\nincluding, but not limited to, classifications used in the practice\nsetting for the purpose of providing mental health services.\n 7. A certified nurse practitioner may prescribe and order a patient\nspecific order or non-patient specific regimen to a licensed pharmacist,\npursuant to regulations promulgated by the commissioner, and consistent\nwith the public health law, for: (a) administering immunizations to\nprevent influenza to patients two years of age or older; and (b)\nadministering immunizations to prevent pneumococcal, acute herpes\nzoster, hepatitis A, hepatitis B, human papillomavirus, measles, mumps,\nrubella, varicella, COVID-19, meningococcal, tetanus, diphtheria or\npertussis disease and medications required for emergency treatment of\nanaphylaxis to patients eighteen years of age or older; and (c)\nadministering other immunizations recommended by the advisory committee\non immunization practices of the centers for disease control and\nprevention for patients eighteen years of age or older if the\ncommissioner of health in consultation with the commissioner determines\nthat an immunization: (i) (A) may be safely administered by a licensed\npharmacist within their lawful scope of practice; and (B) is needed to\nprevent the transmission of a reportable communicable disease that is\nprevalent in New York state; or (ii) is a recommended immunization for\nsuch patients who: (A) meet age requirements, (B) lack documentation of\nsuch immunization, (C) lack evidence of past infection, or (D) have an\nadditional risk factor or another indication as recommended by the\nadvisory committee on immunization practices of the centers for disease\ncontrol and prevention. Nothing in this subdivision shall authorize\nunlicensed persons to administer immunizations, vaccines or other drugs.\n * 8. A registered professional nurse, while working for a home care\nservices agency licensed or certified pursuant to article thirty-six of\nthe public health law, a hospice program certified pursuant to article\nforty of the public health law, or an enhanced assisted living residence\nlicensed pursuant to article seven of the social services law and\ncertified pursuant to article forty-six-B of the public health law may,\nin accordance with this subdivision, assign advanced home health aides\nto perform advanced tasks for individuals pursuant to the provisions of\nsubdivision two of section sixty-nine hundred eight of this article and\nsupervise advanced home health aides who perform assigned advanced\ntasks.\n (a) Prior to assigning or modifying an assignment to perform an\nadvanced task, the registered professional nurse shall:\n (i) complete a nursing assessment to ascertain the client's current\nhealth status and care needs; and\n (ii) provide to the advanced home health aide written,\nindividual-specific instructions for performing the advanced task and\ncriteria for identifying, reporting and responding to problems or\ncomplications.\n (b) The registered professional nurse shall not assign an advanced\ntask unless:\n (i) the advanced task to be assigned is consistent with an authorized\nhealth practitioner's ordered care;\n (ii) the registered professional nurse provides case specific training\nto the advanced home health aide and personally verifies that the\nadvanced home health aide can safely and competently perform the\nadvanced task;\n (iii) the registered professional nurse determines that the advanced\nhome health aide is willing to perform such advanced task; and\n (iv) the registered professional nurse determines that the advanced\nhome health aide is able to effectively and efficiently communicate with\nthe individual receiving services and understand such individual's\nneeds.\n (c) The supervising registered professional nurse shall:\n (i) visit individuals receiving services for the purpose of\nsupervising the services provided by advanced home health aides no less\nthan once every two weeks; and\n (ii) conduct regular and ongoing assessment of the individual's needs.\n * NB Repealed March 31, 2029\n * NB There are 2 sb 8's\n * 8. A certified nurse practitioner may prescribe and order a patient\nspecific order or non-patient specific order to a licensed pharmacist,\npursuant to regulations promulgated by the commissioner in consultation\nwith the commissioner of health, and consistent with the public health\nlaw, for dispensing up to a seven day starter pack of HIV post-exposure\nprophylaxis for the purpose of preventing human immunodeficiency virus\ninfection following a potential human immunodeficiency virus exposure.\n * NB There are 2 sb 8's\n 9. A registered professional nurse may execute a standing order for\nnewborn care in a hospital established under section twenty-eight\nhundred three-v of the public health law, as provided in that section.\nThe commissioner may make regulations relating to implementation of this\nsubdivision.\n 10. A certified nurse practitioner may prescribe and order a\nnon-patient-specific regimen to a licensed pharmacist, for insulin and\nrelated supplies pursuant to section sixty-eight hundred one of this\ntitle.\n 11. A certified nurse practitioner may prescribe and order a\nnon-patient specific order to a pharmacist licensed and located in the\nstate, pursuant to regulations promulgated by the commissioner, and\nconsistent with section sixty-eight hundred one of this title, for\ndispensing self-administered hormonal contraceptives as defined in\nsection sixty-eight hundred two of this title.\n