Section 6909. Special provision  


Latest version.
  • 1.   Notwithstanding  any  inconsistent
      provision of any general, special, or local law, any licensed registered
      professional nurse or  licensed  practical  nurse  who  voluntarily  and
      without  the  expectation  of monetary compensation renders first aid or
      emergency treatment at the scene of  an  accident  or  other  emergency,
      outside a hospital, doctor's office or any other place having proper and
      necessary  medical  equipment,  to  a  person who is unconscious, ill or
      injured shall not be liable for damages for  injuries  alleged  to  have
      been  sustained  by  such  person  or  for damages for the death of such
      person alleged to have occurred by reason of an act or omission  in  the
      rendering  of  such  first  aid  or  emergency  treatment  unless  it is
      established that such injuries were or such death was  caused  by  gross
      negligence on the part of such registered professional nurse or licensed
      practical  nurse.  Nothing  in  this  subdivision  shall  be  deemed  or
      construed  to  relieve  a  licensed  registered  professional  nurse  or
      licensed  practical  nurse  from  liability  for damages for injuries or
      death caused by an act or omission on  the  part  of  such  nurse  while
      rendering professional services in the normal and ordinary course of her
      practice.
        2.  Nothing in this article shall be construed to confer the authority
      to practice medicine or dentistry.
        3. An applicant for a license as a registered  professional  nurse  or
      licensed  practical  nurse by endorsement of a license of another state,
      province or country whose application  was  filed  with  the  department
      under  the laws in effect prior to August thirty-first, nineteen hundred
      seventy-one shall be licensed only upon  successful  completion  of  the
      appropriate  licensing  examination  unless satisfactory evidence of the
      completion  of  all  educational  requirements  is  submitted   to   the
      department prior to September one, nineteen hundred seventy-seven.
        4.   A   certified  nurse  practitioner  may  prescribe  and  order  a
      non-patient  specific  regimen  to  a  registered  professional   nurse,
      pursuant to regulations promulgated by the commissioner, consistent with
      subdivision  three  of  section  six  thousand  nine hundred two of this
      article, and consistent with the public health law, for:
        (a) administering immunizations.
        (b) the emergency treatment of anaphylaxis.
        (c) administering purified protein derivative (PPD) tests.
        (d) administering  tests  to  determine  the  presence  of  the  human
      immunodeficiency virus.
        5.  A registered professional nurse may execute a non-patient specific
      regimen prescribed or ordered by a licensed physician or certified nurse
      practitioner, pursuant to regulations promulgated by the commissioner.
        6. A registered professional nurse defined under  subdivision  one  of
      section  sixty-nine  hundred  two  of  this  article  may  use  accepted
      classifications  of  signs,  symptoms,   dysfunctions   and   disorders,
      including,  but  not  limited  to,  classifications used in the practice
      setting for the purpose of providing mental health services.
        * 7.  A  certified  nurse  practitioner  may  prescribe  and  order  a
      non-patient  specific  regimen  to  a  licensed  pharmacist, pursuant to
      regulations promulgated by the commissioner,  and  consistent  with  the
      public  health  law,  for  administering  immunizations. Nothing in this
      subdivision   shall   authorize   unlicensed   persons   to   administer
      immunizations, vaccines or other drugs.
        * NB Repealed March 31, 2012