Section 6902. Definition of practice of nursing

1. The practice of the
  profession of nursing as a registered professional nurse is  defined  as
  diagnosing  and  treating  human responses to actual or potential health
  problems through such services as casefinding, health  teaching,  health
  counseling,  and  provision of care supportive to or restorative of life
  and well-being, and executing medical regimens prescribed by a  licensed
  physician,  dentist  or  other  licensed  health  care  provider legally
  authorized under this title and in accordance  with  the  commissioner's
  regulations.  A  nursing  regimen shall be consistent with and shall not
  vary any existing medical regimen.
    2. The practice of nursing as a licensed practical nurse is defined as
  performing  tasks  and  responsibilities   within   the   framework   of
  casefinding,  health  teaching,  health  counseling,  and  provision  of
  supportive and restorative care under  the  direction  of  a  registered
  professional  nurse  or  licensed  physician,  dentist or other licensed
  health  care  provider  legally  authorized  under  this  title  and  in
  accordance with the commissioner's regulations.
    3.  (a)  The  practice  of  registered professional nursing by a nurse
  practitioner, certified under section six thousand nine hundred  ten  of
  this  article,  may  include  the  diagnosis  of  illness  and  physical
  conditions and the performance of therapeutic  and  corrective  measures
  within  a  specialty  area of practice, in collaboration with a licensed
  physician qualified to collaborate in the specialty  involved,  provided
  such  services  are  performed  in  accordance  with  a written practice
  agreement and written practice protocols. The written practice agreement
  shall include explicit provisions for the resolution of any disagreement
  between the collaborating physician and the nurse practitioner regarding
  a matter of diagnosis or treatment that is within the scope of  practice
  of  both. To the extent the practice agreement does not so provide, then
  the collaborating physician's diagnosis or treatment shall prevail.
    (b) Prescriptions for drugs, devices  and  immunizing  agents  may  be
  issued  by  a nurse practitioner, under this subdivision and section six
  thousand nine hundred ten  of  this  article,  in  accordance  with  the
  practice  agreement and practice protocols. The nurse practitioner shall
  obtain a certificate from the department upon successfully completing  a
  program   including   an  appropriate  pharmacology  component,  or  its
  equivalent, as established by the commissioner's regulations,  prior  to
  prescribing under this subdivision. The certificate issued under section
  six  thousand  nine  hundred ten of this article shall state whether the
  nurse  practitioner  has  successfully  completed  such  a  program   or
  equivalent and is authorized to prescribe under this subdivision.
    (c)  Each  practice agreement shall provide for patient records review
  by the collaborating physician in a timely fashion but in no event  less
  often  than  every three months. The names of the nurse practitioner and
  the collaborating physician shall be  clearly  posted  in  the  practice
  setting of the nurse practitioner.
    (d)  The  practice protocol shall reflect current accepted medical and
  nursing practice. The protocols  shall  be  filed  with  the  department
  within  ninety  days  of  the  commencement  of  the practice and may be
  updated  periodically.   The   commissioner   shall   make   regulations
  establishing   the  procedure  for  the  review  of  protocols  and  the
  disposition of any issues arising from such review.
    (e) No physician shall enter into practice agreements with  more  than
  four  nurse  practitioners  who  are  not  located  on the same physical
  premises as the collaborating physician.
    (f) Nothing in this subdivision shall be deemed to limit  or  diminish
  the  practice  of the profession of nursing as a registered professional
  nurse  under  this  article  or  any  other  law,  rule,  regulation  or

  certification,  nor  to deny any registered professional nurse the right
  to do any act or engage in any practice authorized by  this  article  or
  any other law, rule, regulation or certification.
    (g) The provisions of this subdivision shall not apply to any activity
  authorized,  pursuant to statute, rule or regulation, to be performed by
  a registered professional nurse in a  hospital  as  defined  in  article
  twenty-eight of the public health law.