New York A 7284: Enacts the "Wandering Officers Act"

Bill Text

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A07284 Summary:

BILL NOA07284 

&nbsp

SAME ASSAME AS S06334

&nbsp

SPONSORMcMahon

&nbsp

COSPNSRSimon, Paulin, Griffin, Hevesi, Levenberg, Manktelow

&nbsp

MLTSPNSR

&nbsp

Amd §6908, Ed L

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Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.

Go to top A07284 Actions:

BILL NOA07284 

&nbsp

03/24/2025referred to higher education

01/07/2026referred to higher education

Go to topA07284 Committee&nbspVotes:

Go to topA07284 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07284 Text:

 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 individual