New York Assembly Bill A07284 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 7284 2025-2026 Regular Sessions  IN ASSEMBLY March 24, 2025 ___________ Introduced by M. of A. McMAHON, SIMON -- read once and referred to the Committee 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 a direct support staff in non-facility based 5 programs certified or approved by the office for people with develop- 6 mental disabilities, when performed under the instruction of a service 7 recipient, family, or household member in accordance with and pursuant 8 to an authorized practitioner's ordered care, provided that: 9 (1) a registered professional nurse determines, in their professional 10 judgment, which tasks are to be performed based upon: 11 (A) the complexity of the tasks; 12 (B) the skill and experience of the direct support staff; 13 (C) the health status and specific care needs of the service recipi- 14 ent; and 15 (D) the service recipient, family, or household member is able to 16 effectively and efficiently train and instruct the direct support staff 17 providing tasks; 18 (2) only a direct support staff that has completed training as 19 required by the commissioner of the office for people with developmental 20 disabilities may perform tasks pursuant to this subparagraph; 21 (3) a direct support staff shall not assess the medication needs of an 22 individual; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00694-02-5 
 A. 7284 2 1 (4) a direct support staff shall not be authorized to perform any 2 tasks or activities pursuant to this subparagraph that are outside the 3 scope of practice of a licensed practical nurse; 4 (5) a direct support staff shall not represent themselves, or accept 5 employment, as a person licensed to practice nursing under the 6 provisions of this article; 7 (6) a direct support staff providing medication administration, tube 8 feeding, or diabetic care shall be separately certified, and shall be 9 recertified on an annual basis; 10 (7) in the event that a registered professional nurse determines that 11 the service recipient, family, or household member is not capable of 12 providing such instruction, a direct support staff shall not provide 13 tasks pursuant to this subparagraph. In the event of any disagreement 14 between a registered professional nurse and a service recipient, family, 15 or household member regarding such capability, then the registered 16 professional nurse's determination shall prevail; 17 (8) a direct support staff shall not provide any tasks unless a regis- 18 tered professional nurse has determined that such task may be performed; 19 and 20 (9) the office for people with developmental disabilities shall 21 complete a criminal background check pursuant to section 16.33 of the 22 mental hygiene law and a background check pursuant to section 16.34 of 23 the mental hygiene law on the direct support staff prior to the 24 commencement of any provision of service provided under this subpara- 25 graph if such direct support staff is a new hire. Licensed registered 26 professional nurses and individuals providing direct support tasks 27 pursuant to this subparagraph shall have protection pursuant to sections 28 seven hundred forty and seven hundred forty-one of the labor law, where 29 applicable; or 30 § 2. This act shall take effect eighteen months after it shall have 31 become a law, and shall expire and be deemed repealed July 1, 2030. 32 Effective immediately, the addition, amendment and/or repeal of any rule 33 or regulation necessary for the implementation of this act on its effec- 34 tive date are authorized to be made and completed on or before such 35 effective date.