Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.
Summary
S06334 would amend the Education Law to create a new exception within the nursing practice statutes for certain tasks performed by direct support staff in non-facility-based programs certified or approved by the Office for People With Developmental Disabilities (OPWDD). The bill allows these staff to carry out specified care tasks under the instruction of a service recipient, family member, or household member, so long as the tasks are authorized by a practitioner’s ordered care and a registered professional nurse determines the tasks are appropriate based on the complexity of the task, the staff member’s skill and experience, and the recipient’s needs.
The bill includes multiple safeguards and limits. Direct support staff must complete OPWDD-required training, cannot assess medication needs, cannot perform work outside the scope of a licensed practical nurse, and cannot hold themselves out as licensed nurses. Separate certification and annual recertification would be required for medication administration, tube feeding, and diabetic care. The bill also requires background checks for new hires and gives nurses the final say if they determine the recipient or family cannot adequately instruct the staff member. The measure would take effect 18 months after enactment and would sunset on July 1, 2030.
Impact
The bill would amend section 6908 of the Education Law, which governs activities not prohibited by the nursing practice statutes, by adding a new category for direct support staff in OPWDD non-facility-based programs. In practical terms, it would expand who may perform certain delegated care tasks in developmental disability services settings, while preserving nurse oversight and limiting the tasks to those within defined training, certification, and scope-of-practice boundaries. It would affect OPWDD providers, direct support professionals, registered professional nurses, service recipients, and families who participate in home- and community-based care.
Sentiment
The available voting history suggests broad support for the bill. It passed the Senate Rules Committee unanimously and later passed the Senate floor by comfortable margins, indicating that lawmakers generally viewed the measure favorably. The pattern of votes suggests the bill was seen as a targeted workforce and service-delivery adjustment rather than a major policy overhaul.
Contention
The main points of contention are likely to center on patient safety, delegation of nursing tasks, and the adequacy of training and oversight for direct support staff. The bill addresses these concerns by requiring nurse judgment, mandatory training, separate certification for higher-risk tasks, and background checks, while also giving nurses authority to block tasks if the recipient or family cannot provide instruction. Any opposition appears limited, as reflected by the relatively small number of negative votes on final passage, but concerns may remain among those wary of expanding non-nurse authority in medication-related or hands-on care activities.
Same As
Expands the description of certain services which are not prohibited by statutes governing the practice of nursing, including direct support staff to nurses.