New York State Nurse Practice Act: Facility Guide
As nursing roles expand to meet rising healthcare demands, it’s necessary to ensure that treatments provided by these clinicians are safe and appropriate. In an effort to regulate care quality, each state board of nursing develops its own rules, protocols, and standards of practice. In NY, these laws are commonly known as the New York State Nurse Practice Act.
How does the New York Nurse Practice Act (NPA) hold clinicians accountable for the care they provide? In this article, we introduce the New York NPA, highlight key sections that could affect a nurse’s daily duties, and provide tips to ensure your team maintains compliance with state laws.
What Is the New York State Nurse Practice Act?
LPNs, RNs, and APRNs practicing in New York are required to follow the laws established by the state’s nursing practice act. This legislation:
- Lists rules, regulations, and protocols of the New York State Board of Nursing.
- Sets minimum care standards that must be met in all healthcare facilities.
- Outlines the procedure for maintaining and renewing a New York nursing license.
- Specifies requirements for New York nursing education programs.
- Establishes penalties for different types of NPA violations.
Nurse Practice Act: New York Laws at a Glance
While most nursing education programs cover basic details on the NPA, few provide extensive training on nursing licensure, delegation responsibilities, and penalties for violations. To ensure your team is up to speed on NY’s specific rules and regulations, we break down some of the key elements of the New York Nursing Practice Act in the table below.
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| Legal Authorities | Consolidated Laws of New York, Chapter 16, Title 8, Article 139:
New York Codes, Rules and Regulations, Title 10, Chapter 5, Article 2: |
| New York State Practice Act: Nursing Licensure Requirements | New York RN licensure applicants must qualify by either passing the NCLEX examination or getting a license endorsed from another state.
Steps for NCLEX Exam Qualification:
Note: No criminal background check or fingerprinting is required for licensure in New York, but applicants will be asked to disclose information and to complete a moral character questionnaire and submit supporting documentation, if required. Steps for Endorsement Qualification:
Note: The board may grant a limited permit for nurses who are new to New York nursing practice and meet board specifications. This temporary license is valid for a maximum of one year and allows supervised practice until the nurse is fully qualified. The New York Board of Nursing website also provides approximate timeframes for application processing and outlines the required steps to renew a nursing license. |
| New York State Nurse Practice Act Delegation of Duties | New York doesn’t spell out specific rules for nursing delegation. Therefore, facilities can defer to the American Nurses Association’s guidelines for RN delegation. These rules state that delegation can occur when:
The New York NPA does state that nursing professionals are prohibited from delegating:
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| Penalties for Violation of the New York State Nurse Practice Act | Any violation of the following rules outlined in the Consolidated Laws of New York, Education Law, Section 6509 represents grounds for disciplinary action. Examples of violations can include:
Any of the above violations could result in a suspended or revoked nursing license along with fines, public reprimand and the possibility of criminal charges. |
| Nurse Licensure Compact (NLC) State? | New York is not involved in the NLC compact, meaning that:
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Improving Regulatory Compliance: 3 Tips for Facilities
By understanding the complexities of the nursing practice act, New York facility leaders can ensure their clinicians provide high-quality care within their legal scope. Looking for additional ways to protect your team and maintain regulatory compliance? Below, we review three strategies for incorporating key elements of the New York NPA into your organization’s clinical practices.
1. Report Suspected Misconduct
While the New York Board of Nursing establishes and enforces the rules of the NPA, it’s up to facility leaders to ensure the laws are upheld. Nursing managers and staff are encouraged to report any suspected misconduct directly to the BON. Doing so can improve patient safety and minimize fraudulent practice.
Administrators should consider posting a link to the state’s Professional Discipline Complaint Form on their nursing website to make it easy for clinicians to find and complete. Be sure to communicate that this oversight isn’t meant to be punitive, but is in place to ensure patients receive the quality of care they deserve.
2. Encourage Participation in Shared Governance Councils
Shared governance councils are teams of nurses and healthcare executives that work toward a common goal. These groups work to develop facility-wide protocols that align with New York State Nurse Practice Act laws. By promoting shared governance, facilities can:
- Empower nurses to manage their own professional practice.
- Build trust between bedside clinicians and leadership teams.
- Improve nurse engagement and retention.
3. Offer Employees Free Continuing Education
One of the challenges involved in renewing a New York nursing license is meeting the state’s continuing education requirements. By offering your staff free courses, seminars, and training, you can help them meet their renewal requirements. Developing a New York NPA review course can further enhance their understanding of state laws and how they impact patient care.
Find Additional Ways to Improve Care Quality
Now that you have a better understanding of the New York State Nurse Practice Act, you’re probably looking for additional ways to promote safety and excellence in your facility. Our newsletter is full of healthcare resources and guides to help you optimize patient outcomes, improve regulatory compliance, and boost nurse engagement.
Legal Disclaimer: This article contains general legal information, but it is not intended to constitute professional legal advice for any particular situation and should not be relied on as professional legal advice. Any references to the law may not be current, as laws regularly change through updates in legislation, regulation, and case law at the federal and state level. Nothing in this article should be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed to practice in your jurisdiction.