NYSNA’s Political Community Organizing and Nursing Education and Practice departments want to update all Nurse Practitioners and NYSNA members regarding the status of the Nurse Practitioner Modernization Act (NPMA), Assembly Bill A.1535 and Senate Bill S.3056A.
In 2014 the state passed the current law that requires NPs to maintain collaborative agreements and practice protocols with physicians in order to practice. The current law is set to expire in June 2022, and we’re gearing up to advocate and lobby for passage of the NPMA to expand the independent scope of NP practice and make the law permanent.
The NPMA is currently in the Higher Education Committee's in both houses of the State legislature. It would allow NPs with more than 3,600 hours of experience to practice independently of physicians, without practice agreements and protocols. For NPs with less than 3,600 hours, the practice agreements and protocols will still be required, but they can be with physicians or with NPs providing oversight. The NPMA will make these provision permanent.
The Governor’s proposed Executive Budget for 2022-23 includes a proposal that partially implements the NPMA. It makes the NPMA law permanent, but does not implement the following provisions of the NPMA:
- It does not allow experienced (3,600+ hours) NPs to oversee practice agreements and protocols for less experienced NPs (does not make them equivalent to physicians for oversight purposes)
- It only partially allows experienced NPs to practice independently, by limiting that category only to NPs in primary care (though primary care is pretty widely defined).
NYSNA’s position on the budget proposal is that it should be modified to fully implement all of the provisions of the NPMA. NYSNA's full position appears below.
Legislators and their aides need to hear from you, actively practicing nurse practitioners from across the state, to hear stories of how arbitrary barriers to NP practice hurts our patients and most vulnerable communities.
NYSNA Supports the Expansion of Independent Practice Rights for Nurse Practitioners (HMH, Art. VII, Part C)
Nurse Practitioners (NPs) are advanced practice RNs who are trained and qualified to engage in an expanded scope of practice that includes the diagnosis patient conditions, assessments of patient health, and prescription of medications. The Nurse Practitioner title has long been established nationally and in New York and NPs play a vital role in providing high quality care to patients in a wide range of settings, particularly in medically underserved communities.
New York law currently allows NPs to practice pursuant to collaborative agreements and practice protocols under the supervision of physicians, with experienced NPs with 3,600 or more practice hours allowed to practice with less physician oversight and without requiring collaborative agreements. The current law, however, will sunset in 2022. If the law sunsets, all NPs regardless of their level of experience, will be required to reenter into collaborative agreements and practice protocols. If the current law lapses, it will significantly disrupt current provider networks and access to vital health services.
The legislature has introduced the Nurse Practitioner Modernization Act (NPMA - A1535/S3056) that would allow NPs with more than 3,600 hours to practice independently of physicians, to oversee and supervise less experienced NPs (those with less than 3,600 hours of experience) and make the existing law permanent.
The Executive Budget incorporates parts of the NPMA, but the proposal budget legislation in HMH Article VII, Part C, will not allow qualified NPs to supervise less experienced NPs and it limits the authorization for experienced NPs to practice independently only to those who are practicing in primary care areas. This will disrupt existing healthcare services and may result in reducing the number of NPs available to provide care in underserved areas (where there is also a lack of physicians to supervise NPs).
NYSNA supports the incorporation of all the provisions of the Nurse Practitioner Modernization Act in the Part C budget legislation.
If the NPMA is not passed, every nurse practitioner in New York State will be required to establish a written practice agreement with a physician regardless of the amount of experience one has. NYSNA is working hard to provide every NP the opportunity to advocate for your profession with the support of experienced colleagues. Sign up for notices of future opportunities at the link below.
NPMA Overview
- Press Release: NYSNA Nurses Celebrate Nurse Practitioner Week; Urge Policymakers to Make the Nurse Modernization Act Permanent
- NY Nurse, December 2021: Celebrate Nurse Practitioner Week by Making the Nurse Modernization Act Permanent
- Download: NPMA At A Glance
- Download: NPMA Facts and Myths
If you have any questions about the Nurse Practitioner Modernization Act, e-mail Nick Arture at nicholas.arture@nysna.org. If you want to receive updates and information about upcoming actions for Nurse Practitioners, please register here.
