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N.Y. Educ. Law § 6909

Special provision

Showing this section's text as in effect on January 1, 2016 (in force January 1, 2016 – January 1, 2017). View current text →

§ 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.\n * NB Effective until February 18, 2016\n * (c) administering purified protein derivative (PPD) tests or other\ntests to detect or screen for tuberculosis infections.\n * NB Effective February 18, 2016\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 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 administering immunizations to prevent\ninfluenza, pneumococcal, acute herpes zoster, meningococcal, tetanus,\ndiphtheria or pertussis disease and medications required for emergency\ntreatment of anaphylaxis. Nothing in this subdivision shall authorize\nunlicensed persons to administer immunizations, vaccines or other drugs.\n * NB Effective until July 1, 2019\n * 7. A certified nurse practitioner may prescribe and order a\nnon-patient specific regimen to a licensed pharmacist, pursuant to\nregulations promulgated by the commissioner, and consistent with the\npublic health law, for administering immunizations. Nothing in this\nsubdivision shall authorize unlicensed persons to administer\nimmunizations, vaccines or other drugs.\n * NB Effective and Repealed July 1, 2019\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.