Association of periOperative Registered Nurses

New York  Government Affairs

State Coordinator

Marlene Craden
(716) 874-1287

Regional Coordinator

Carmen Sierra

RN Circulator Laws and Language

Hospital: New York Codes, Rules and Regulations Title 10. Department of Health Chapter V. Medical Facilities Sub-Chapter A. Medical Facilities—Minimum Standards Article 2. Hospitals Part 405. Hospitals—Minimum Standards. Additional Patient Care Requirements. 405.12 Surgical Services. If surgery is provided, the service shall be provided in a manner which protects the health and safety of the patients in accordance with generally accepted standards of medical practice. New York RN Circulator Bill was signed into law by Governor David Paterson on July 7, 2008. This law ensures that a Registered Nurse (RN) is present in any and each separate operating room where surgery is being performed for the duration of the procedure. This law shall take effect on October 5, 2008. The public health law is amended by adding a new section 2805-s to read: The actual language of the law is as follows: 2805-s. Circulating nurses required. A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each operating room where surgery is being performed for the duration of the operative procedure. Nothing in this section precludes a circulating nurse from leaving the operating room for short periods; or, in accordance with employee rules or regulations, being relieved during an operative procedure by another circulating nurse assigned to continue the operative procedure.
ASC: NEW YORK CODES, RULES AND REGULATIONS TITLE 10. DEPARTMENT OF HEALTH CHAPTER V. MEDICAL FACILITIES SUBCHAPTER C. STATE HOSPITAL CODE ARTICLE 6. TREATMENT CENTER AND DIAGNOSTIC CENTER OPERATION PART 755. FREE-STANDING AMBULATORY SURGERY SERVICES 755.5. New York RN Circulator Bill was signed into law by Governor David Paterson on July 7, 2008. This law ensures that a Registered Nurse (RN) is present in any and each separate operating room where surgery is being performed for the duration of the procedure. This law shall take effect on October 5, 2008. The public health law is amended by adding a new section 2805-s to read: The actual language of the law is as follows: 2805-s. Circulating nurses required. A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each operating room where surgery is being performed for the duration of the operative procedure. Nothing in this section precludes a circulating nurse from leaving the operating room for short periods; or, in accordance with employee rules or regulations, being relieved during an operative procedure by another circulating nurse assigned to continue the operative procedure.

Registered Nurse First Assistants (RNFAs)

Reimbursement:  None
Definition:  None
Scope:  Statement on the Role of the RN First Assistant in the Operating Room – New York State Board of Nursing – July 10, 2001 It is within the scope of practice of a registered nurse or a registered nurse who is also a nurse practitioner to function as a First Assistant in surgery, provided that s/he can demonstrate competence through successful completion on additional and training that meets the AORN Recommended Educational Standards for RN-First Assistant Programs, and with the condition that procedures and duties are within and do not exceed the scope of practice of the registered nurse and the nurse practitioner.

Legislative Tracking

NY A 2753 — 2013 RNFA Reimbursement
Requires reimbursement for surgical first assistant services provided by RNFAs
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A02753&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as S03056 
Sponsor(s):
Lavine 
General Topic:
RNFA 
Status:
02/26/2014: To Assembly Comittee on Ways & Means 
NY S 3056 — 2013 RNFA Reimbursement
Requires reimbursement for surgical first assistant services provided by RNFAs
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S03056&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y Same as A02753. 
Sponsor(s):
Little (R) 
General Topic:
RNFA 
Status:
5/5/2014: To Senate Committee on Finance 
NY S 628 — 2013 BSN in 10
Requires registered professional nurses to attain a baccalaureate degree in nursing within ten years of their initial licensure; provides exemptions for those currently licensed or enrolled in nursing programs
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S628&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y 
Sponsor(s):
Stavisky (D) 
General Topic:
BSN 
Status:
6/19/13: Enacting clause stricken. 
NY A 3103 — 2013 BSN in 10
Requires registered professional nurses to attain a baccalaureate degree in nursing within ten years of their initial licensure; provides exemptions for those currently licensed or enrolled in nursing programs.
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A03103&term=2013&Summary=Y&Actions=Y&Memo=Y&Text=Y Same as S00628 
Sponsor(s):
Moelle (D) 
General Topic:
BSN 
Status:
06/12/2014 : • From ASSEMBLY Committee on WAYS AND MEANS. • To ASSEMBLY Committee on RULES 
NY A 407 — 2013 Award of regents scholarships and loan forgiveness for nurses
Provides for the award of regents scholarships and loan forgiveness for nurses on the same terms as physicians
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A00407&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y Same as S1143 
Sponsor(s):
Magnarelli (D) 
General Topic:
Education Funding 
Status:
01/08/2014: Referred to higher education 
NY S 1143 — 2013 Award of regents scholarships and loan forgiveness for nurses
Provides for the award of regents scholarships and loan forgiveness for nurses on the same terms as physicians
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S01143&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as A407 
Sponsor(s):
Breslin (D) 
General Topic:
Education Funding 
Status:
01/08/2014: To Senate committee on Higher Education 
NY A 1630 — 2013 State Nursing Faculty Scholarship Incentive Program
Establishes the New York state nursing faculty scholarship incentive program for advanced degrees in nursing
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A01630&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y 
Sponsor(s):
Gunther (D) 
General Topic:
Education Funding 
Status:
01/08/2014:To Assembly committee on Higher Education 
NY A 1720 — 2013 Nurse Loan Repayment Program
Establishes the nurse loan repayment program; authorizes the commissioner to award loan repayment awards to nurses serving in underserved areas or nursing homes.
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A01720&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y 
Sponsor(s):
Gunther (D) 
General Topic:
Education Funding 
Status:
01/24/2014: Amended in Assembly committee on Health 
NY S 1468 — 2013 Nurse Loan Repayment Program
Establishes the nurse loan repayment program; authorizes the commissioner to award loan repayment awards to nurses serving in underserved areas or nursing homes
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S01468&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as A 1720 
Sponsor(s):
Parker (D) 
General Topic:
Education Funding 
Status:
01/31/2014: Amended in Senate committee on Health 
NY A 1628 — 2013 Nursing Shortage Correction Act
Would create statewide nursing recruitment incentive and retention pilot initiatives
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A1628&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as S2270 
Sponsor(s):
Gunther (D) 
General Topic:
Education Funding 
Status:
01/08/2014: To Senate committee on Higher Education 
NY A 2540 — 2013 Nursing Education Expansion Program
Establishes the nursing education expansion program, including faculty development program, capital facility program and the recruitment and promotion program; creates regents nursing shortage scholarships; provides for county matching awards for professional education in nursing; establishes the "nursing faculty development program fund", the "nursing capital facilities program fund", the "recruitment and promotion program fund", and the "county match awards for professional education in nursing fund"; appropriates $25,620,000 therefor.
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A02540&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Crouch (R) 
General Topic:
Education Funding 
Status:
01/08/2014: to Assembly committee on Higher Education 
NY A 4711 — 2013 Regents Nursing Professionals Loan Forgiveness Program
Establishes the regents nursing professional's loan forgiveness program for applicants who agree to engage in employment as a nurse in hospitals, nursing homes and hospice centers
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A04711&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Curran (R) 
General Topic:
Education Funding 
Status:
01/08/2014: Introduced; To Assembly Committee on Higher Education 
NY A 4779 — 2013 New York State Nursing Shortage Correction Act
Provides the New York state nursing recruitment incentive and retention program; provides for the reimbursement of student loans if a person is a registered and licensed nurse; provides that SUNY and CUNY shall pay for a person's education if such person signs a contract stating that he or she shall work in New York state as a registered nurse
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A04779&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Palmesano (R) 
General Topic:
Education Funding 
Status:
01/08/2014: To Assembly Committee on Higher Education 
NY A 4806 — 2013 Nurse of Tomorrow Act
Would provide for grants to public and not-for-profit hospitals, skilled nursing facilities, schools and other entities for nurse recruitment, education and retention costs
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A04806&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as S 2640 
Sponsor(s):
Perry (D) 
General Topic:
Education Funding 
Status:
01/08/2014: To Assembly Committee on Higher Education 
NY S 2640 — 2013 Nurse of Tomorrow Act
Would provide for grants to public and not-for-profit hospitals, skilled nursing facilities, schools and other entities for nurse recruitment, education and retention costs
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=S02640&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as A 4806 
Sponsor(s):
Parker (D) 
General Topic:
Education Funding 
Status:
02/04/2014: Amended in Senate Education Committee 
NY A 5097 — 2013 Baccalaureatte and Associate Nursing Assistance Program
Would provide loans to persons in pursuit of a nursing degree at approved institutions
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A05097&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y  
Sponsor(s):
Tedisco (R) 
General Topic:
Education Funding 
Status:
01/08/2014: To Assembly Committee on Higher Education. 
NY S 2270 — 2013 Nursing Shortage Correction Act
Would creates statewide nursing recruitment incentive and retention pilot initiatives
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S2270&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y Same as A1628 
Sponsor(s):
Maziarz (R) 
General Topic:
Nurse Staffing 
Status:
01/08/2014: To Senate committee on Labor 
NY S 3691 — 2013 Safe Staffing for Quality Care Act
Would require acute care facilities and nursing homes to implement certain direct-care nurse to patient ratios in all nursing units; sets minimum staffing requirements
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S03691&term=2013&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Hannon (R) 
General Topic:
Nurse Staffing 
Status:
01/08/2014: To Senate committee on Health 
NY A 6571 — 2013 Safe Staffing for Quality Care Act
Would require acute care facilities and nursing homes to implement certain direct care nurse-to-patient ratios in all nursing units; sets minimum staffing requirements
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A06571&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Gottfried (D) 
General Topic:
Nurse Staffing 
Status:
05/20/2014 To ASSEMBLY Committee on CODES. 
NY S 1634 — 2013 Safe Staffing for Hospital Care Act
Establishes minimum staffing levels for various health care workers in different health care facilities; requires submission of staffing plans; prohibits most mandatory overtime
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S01634&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Parker (D) 
General Topic:
Nurse Staffing 
Status:
01/08/2014: To Senate committee on Health 
NY A 2180 — 2014 Safe Patient Handling Act
Would establish statewide safe patient handling policy; creates a statewide safe patient handling workgroup
Comments
http://assembly.state.ny.us/leg/?bn=A02180&term=2013 
Sponsor(s):
Gunther (D) 
General Topic:
Workplace Safety 
Status:
01/22/2014: Amended on Assembly floor 
NY A 4155 — 2013 Assaults on Nursing Professionals
Relates to assault on department of sanitation enforcement Agents and nursing professional while such person was performing an assigned duty
Comments
http://assembly.state.ny.us/leg/?default_fld=&bn=A04155&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Pretlow (D) 
General Topic:
Workplace Safety 
Status:
01/08/2014: To Assembly committee on Codes 
NY A 1281 — 2013 Mandatory Continuing Education
Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A1281&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y Same as S1560 
Sponsor(s):
Paulin (D) 
General Topic:
Continuing Education 
Status:
01/082014: Referred to higher education 
NY S 1560 — 2013 Continuing Education for Professional Nurses
Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=S1560&term=&Summary=Y&Actions=Y&Memo=Y&Text=Y  
Sponsor(s):
LaValle (R) 
General Topic:
Continuing Education 
Status:
01/17/2014: Amended in Senate committee on Higher Education 
NY A 5121 — 2013 Tax Credit for Full Time Nurses
Would establish a tax credit of $500 for full-time nurses and teaching nurses that have worked in the state for more than six months during the taxable year
Comments
http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=A05121&term=&Summary=Y&Actions=Y&Votes=Y&Memo=Y&Text=Y 
Sponsor(s):
Curran (R) 
General Topic:
Misc. 
Status:
01/08/2014: To Assembly committee on Ways and Means 
NY A 8871 — 2014 Health Care Facilities Safe Patient Handling Programs
Requires health care facilities to establish and implement safe patient handling programs relating to the lifting and moving of patients; grants reduced workers' compensation insurance rates for health care facilities that use safe patient handling methods and also grants such facilities reductions in assessments imposed by the department of health.
Comments
SAME AS S06509 http://assembly.state.ny.us/leg/?default_fld=&bn=A08771&term=2013&Summary=Y&Text=Y 
Sponsor(s):
Gunther (D) 
General Topic:
Safe Patient Handling 
Status:
2/12/14: To Assembly Committee on Health 
S 1123 — 2013 Safe Patient Handling Act
Amends the Public Health Law and the Education Law; relates to a safe patient handling policy for health care facilities; creates a related work group to prepare a statewide policy statement outlining the requirement for a comprehensive safe patient handling program to be implemented by all health care facilities; requires the policy statement to outline the requirements for developing and implementing such a program that must include all elements of related existing law.
Comments
http://open.nysenate.gov/legislation/bill/S1123C-2013 
Sponsor(s):
Maziarz (R) 
General Topic:
Safe Patient Handling 
Status:
01/14/2014: Amended in SENATE Committee on HEALTH. 
SB 6509 — 2014 Health Care Facilities Safe Patient Handling Programs
Requires health care facilities to establish and implement safe patient handling programs relating to the lifting and moving of patients; grants reduced workers' compensation insurance rates for health care facilities that use safe patient handling methods and also grants such facilities reductions in assessments imposed by the department of health.
Comments
Same as A8771 http://open.nysenate.gov/legislation/bill/S6509-2013 
Sponsor(s):
Hannon (R) 
General Topic:
Safe Patient Handling 
Status:
01/31/2014: To SENATE Committee on HEALTH. 
NY S 6914 — 2014 State Health and Mental Hygiene
Enacts major components of legislation necessary to implement the state health and mental hygiene budget for the 2014-2015 fiscal year to include prenatal care, disease reports, breast cancer research fund, Alzheimer's disease fund, patient handling, long term care and facilities, Medicaid prescription drug coverage, general hospital payments, personal care services, professional medical misconduct, behavioral health care, development disabilities care, foster care children, and community mental health.
Comments
http://open.nysenate.gov/legislation/bill/S6914-2013 
Sponsor(s):
 
General Topic:
Safe Patient Handling 
Status:
03/31/2014: Chaptered (Chapter No 60); Signed by Governor 

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