New York A 5127: Relates to allowing for unlicensed individuals to collect throat or nasopharyngeal swab specimens and to perform certain nursing tasks during a state of disaster emergency

Status: REFERRED TO HIGHER EDUCATION (as of 2026-01-07)

State: New York · Session: 2025-2026 · Bill: A 5127

Sponsors: Kwani O'Pharrow

Bill Text

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A05127 Summary:

BILL NOA05127 

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SAME ASSAME AS S04035

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SPONSORO'Pharrow

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd §§6526 & 6908, Ed L

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Allows for unlicensed individuals to collect throat or nasopharyngeal swab specimens and to perform certain nursing tasks during a state disaster emergency.

Go to top A05127 Actions:

BILL NOA05127 

&nbsp

02/12/2025referred to higher education

01/07/2026referred to higher education

Go to topA05127 Committee&nbspVotes:

Go to topA05127 Floor&nbspVotes:

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

Go to topA05127 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5127

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 12, 2025
 ___________

 Introduced by M. of A. O'PHARROW -- read once and referred to the
 Committee on Higher Education

 AN ACT to amend the education law, in relation to allowing for unli-
 censed individuals to collect throat or nasopharyngeal swab specimens
 and to perform certain nursing tasks during certain state of disaster
 emergencies

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 6526 of the education law is amended by adding a
 2 new subdivision 11 to read as follows:
 3 11. Any person in a declared state of disaster emergency for a disease
 4 outbreak or epidemic, pursuant to section twenty-eight of the executive
 5 law, shall be permitted, upon the successful completion of training
 6 deemed adequate by the commissioner, to collect throat or nasopharyngeal
 7 swab specimens from individuals suspected of being infected by an infec-
 8 tious disease, for purposes of testing. The commissioner, in consulta-
 9 tion with the commissioner of health, shall establish training require-
 10 ments for unlicensed individuals to collect throat or nasopharyngeal
 11 swab specimens.
 12 § 2. Subdivision 1 of section 6908 of the education law is amended by
 13 adding a new paragraph i to read as follows:
 14 i. As prohibiting in a declared state of disaster emergency for a
 15 disease outbreak or epidemic, pursuant to section twenty-eight of the
 16 executive law, to the extent necessary, non-nursing staff, upon the
 17 successful completion of training deemed adequate by the commissioner,
 18 to perform tasks, under the supervision of a nurse, otherwise limited to
 19 the scope of practice of a licensed or registered nurse. The commis-
 20 sioner, in consultation with the commissioner of health, shall establish
 21 training requirements for non-nursing staff to perform the tasks permit-
 22 ted by this paragraph.
 23 § 3. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07892-01-5

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