REPORT: May 2006

Ask the Experts

May nurses execute non-patient specific HIV orders?

Q.: My employer has instituted a non-patient specific standing order for HIV testing. In the past, I have reviewed the section of education law authorizing RNs to execute non-patient specific standing orders and I do not recall seeing HIV testing among them. Am I authorized to carry out this order?

A.: Yes, due to an amendment to both Public Health and Education Law, which Governor Pataki signed into law on Aug. 2, 2005, RNs are authorized to execute non-patient specific standing orders for HIV testing. The amendment adds “tests to determine the presence of human immunodeficiency virus” to the list of procedures that an RN can execute without a patient-specific order. Currently, there are four instances when an RN can execute a non-patient specific order. These include certain immunizations, anaphylactic treatment medications, tuberculin skin tests, and tests to determine the presence of human immunodeficiency virus.

In an effort to provide assistance to implement this change, the New York State Education Department (NYSED) and the New York State Department of Health (NYSDOH) released a document titled, Memorandum to Health Care Providers Conducting HIV Counseling and Testing in New York State. This document provides information on best practices for providing HIV testing. To review the entire best practice memorandum, visit the NYS Board for Nursing Web site at http://www.op.nysed.gov/ and search under “HIV testing.”