education law article 139 nursing

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Scope of practice.

What is the Nurse Practice Act in New York?

In New York State, our rights and responsibilities as nurses are defined by the Nurse Practice Act ( State Education Law, Article 139 ):

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.”

Scope of Practice laws authorize RNs to function independently when providing various aspects of medical care.

What is a Nurse Responsible for?

A nurse is responsible for practicing within the scope of our abilities: nurses are not legally allowed to provide nursing services that they are not personally competent to perform, even if New York law generally allows a nurse to provide the service. If a nurse practices outside the personal scope of competence or outside of what is allowed by New York law, they could be charged with professional misconduct.

Protecting Our Practice

Our practice is at risk from de-skilling and short staffing. Section 6902 of the New York State Education Law lays out the tasks and responsibilities that an LPN can perform.

If you believe our scope of practice is being violated, contact your NYSNA rep right away.

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New York Education Law Article 139 - NURSING

• 6900 - Introduction. This article applies to the profession of nursing. The general provisions for all professions contained in article one hundred thirty of this title apply to...
• 6901 - Definitions. As used in section sixty-nine hundred two: 1. "Diagnosing" in the context of nursing practice means that identification of and discrimination between physical and psychosocial...
• 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...
• 6903 - Practice of Nursing and Use of Title "Registered Professional Nurse" or "Licensed Practical Nurse". Only a person licensed or otherwise authorized under this article shall practice nursing and only a person licensed under section sixty-nine hundred five of this...
• 6904 - State Board for Nursing. A state board for nursing shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board...
• 6905 - Requirements for a License As a Registered Professional Nurse. To qualify for a license as a registered professional nurse, an applicant shall fulfill the following requirements: (1) Application: file an application with the department;...
• 6906 - Requirements for a License As a Licensed Practical Nurse. To qualify for a license as a licensed practical nurse, an applicant shall fulfill these requirements: (1) Application: file an application with the department; (2)...
• 6907 - Limited Permits. 1. A permit to practice as a registered professional nurse or a permit to practice as a licensed practical nurse may be issued by the...
• 6908 - Exempt Persons. 1. This article shall not be construed: a. As prohibiting (i) the domestic care of the sick, disabled or injured by any family member, household...
• 6909 - Special Provision. 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...
• 6910 - Certificates for Nurse Practitioner Practice. 1. For issuance of a certificate to practice as a nurse practitioner under subdivision three of section six thousand nine hundred two of this article,...
• 6911 - Certification As a Clinical Nurse Specialist (Cns). 1. For issuance of a certificate to practice as a clinical nurse specialist under section six thousand nine hundred two of this article, the applicant...

Last modified: February 3, 2019

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New York Laws > Education > Title 8 > Article 139 – Nursing

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Terms Used In New York Laws > Education > Title 8 > Article 139 - Nursing

• Adjourn : A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Amendment : A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Assets : (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy : Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Common law : The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Contract : A legal written agreement that becomes binding when signed.
• Conviction : A judgement of guilt against a criminal defendant.
• Corporation : A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant : In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• entire board : means the total number of directors which the corporation would have if there were no vacancies. See N.Y. Business Corporation Law 702
• Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Firearm : means (a) any pistol or revolver; or (b) a shotgun having one or more barrels less than eighteen inches in length; or (c) a rifle having one or more barrels less than sixteen inches in length; or (d) any weapon made from a shotgun or rifle whether by alteration, modification, or otherwise if such weapon as altered, modified, or otherwise has an overall length of less than twenty-six inches; or (e) an assault weapon; or (f) any other weapon that is not otherwise defined in this section containing any component that provides housing or a structure designed to hold or integrate any fire control component that is designed to or may readily be converted to expel a projectile by action of explosive. See N.Y. Penal Law 265.00
• Ghost gun : means a firearm, rifle or shotgun that does not comply with the provisions of section 265. See N.Y. Penal Law 265.00
• Guardian : A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Gunsmith : means any person, firm, partnership, corporation or company who engages in the business of repairing, altering, assembling, manufacturing, cleaning, polishing, engraving or trueing, or who performs any mechanical operation on, any firearm, large capacity ammunition feeding device or machine-gun. See N.Y. Penal Law 265.00
• Indemnification : In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
• Intestate : Dying without leaving a will.
• Jurisdiction : (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities : The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Nolo contendere : No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership : A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Plea : In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Quorum : The number of legislators that must be present to do business.
• Rifle : means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire only a single projectile through a rifled bore for each single pull of the trigger using either: (a) fixed metallic cartridge; or (b) each projectile and explosive charge are loaded individually for each shot discharged. See N.Y. Penal Law 265.00
• Semiautomatic : means any repeating rifle, shotgun or pistol, regardless of barrel or overall length, which utilizes a portion of the energy of a firing cartridge or shell to extract the fired cartridge case or spent shell and chamber the next round, and which requires a separate pull of the trigger to fire each cartridge or shell. See N.Y. Penal Law 265.00
• Settlement : Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shotgun : means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive to fire through a smooth or rifled bore either a number of ball shot or a single projectile for each single pull of the trigger using either: (a) a fixed shotgun shell; or (b) a projectile or number of ball shot and explosive charge are loaded individually for each shot discharged. See N.Y. Penal Law 265.00
• Statute : A law passed by a legislature.
• Testator : A male person who leaves a will at death.
• Trustee : A person or institution holding and administering property in trust.
• Unfinished frame or receiver : means any unserialized material that does not constitute the frame or receiver of a firearm, rifle or shotgun but that has been shaped or formed in any way for the purpose of becoming the frame or receiver of a firearm, rifle or shotgun, and which may readily be made into a functional frame or receiver through milling, drilling or other means. See N.Y. Penal Law 265.00

N.Y. Education Law Section 6902 Definition of practice of nursing

Source: Section 6902 — Definition of practice of nursing , https://www.­nysenate.­gov/legislation/laws/EDN/6902 (updated May 31, 2024; accessed Sep. 7, 2024).

Accessed: Sep. 7, 2024

Last modified: May 31, 2024

§ 6902’s source at nysenate​.gov

Blank Outline Levels

The legislature occasionally skips outline levels. For example:

In this example, (3) , (4) , and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.

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Laws, Rules & Regulations for Licensed Practical Nurses

Education law.

• Title VIII - links to all Articles
• Article 139 - Nursing

Rules of the Board of Regents

• Part 29 - Unprofessional Conduct

Commissioner's Regulations

• Part 52.12 - Registration of Curricula
• Part 64 - Nursing

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