6909 - Special provision.

§ 6909. Special   provision.   1.   Notwithstanding  any  inconsistent  provision of any general, special, or local law, any licensed registered  professional nurse or  licensed  practical  nurse  who  voluntarily  and  without  the  expectation  of monetary compensation renders first aid or  emergency treatment at the scene of  an  accident  or  other  emergency,  outside a hospital, doctor's office or any other place having proper and  necessary  medical  equipment,  to  a  person who is unconscious, ill or  injured shall not be liable for damages for  injuries  alleged  to  have  been  sustained  by  such  person  or  for damages for the death of such  person alleged to have occurred by reason of an act or omission  in  the  rendering  of  such  first  aid  or  emergency  treatment  unless  it is  established that such injuries were or such death was  caused  by  gross  negligence on the part of such registered professional nurse or licensed  practical  nurse.  Nothing  in  this  subdivision  shall  be  deemed  or  construed  to  relieve  a  licensed  registered  professional  nurse  or  licensed  practical  nurse  from  liability  for damages for injuries or  death caused by an act or omission on  the  part  of  such  nurse  while  rendering professional services in the normal and ordinary course of her  practice.    2.  Nothing in this article shall be construed to confer the authority  to practice medicine or dentistry.    3. An applicant for a license as a registered  professional  nurse  or  licensed  practical  nurse by endorsement of a license of another state,  province or country whose application  was  filed  with  the  department  under  the laws in effect prior to August thirty-first, nineteen hundred  seventy-one shall be licensed only upon  successful  completion  of  the  appropriate  licensing  examination  unless satisfactory evidence of the  completion  of  all  educational  requirements  is  submitted   to   the  department prior to September one, nineteen hundred seventy-seven.    4.   A   certified  nurse  practitioner  may  prescribe  and  order  a  non-patient  specific  regimen  to  a  registered  professional   nurse,  pursuant to regulations promulgated by the commissioner, consistent with  subdivision  three  of  section  six  thousand  nine hundred two of this  article, and consistent with the public health law, for:    (a) administering immunizations.    (b) the emergency treatment of anaphylaxis.    (c) administering purified protein derivative (PPD) tests.    (d) administering  tests  to  determine  the  presence  of  the  human  immunodeficiency virus.    5.  A registered professional nurse may execute a non-patient specific  regimen prescribed or ordered by a licensed physician or certified nurse  practitioner, pursuant to regulations promulgated by the commissioner.    6. A registered professional nurse defined under  subdivision  one  of  section  sixty-nine  hundred  two  of  this  article  may  use  accepted  classifications  of  signs,  symptoms,   dysfunctions   and   disorders,  including,  but  not  limited  to,  classifications used in the practice  setting for the purpose of providing mental health services.    * 7.  A  certified  nurse  practitioner  may  prescribe  and  order  a  non-patient  specific  regimen  to  a  licensed  pharmacist, pursuant to  regulations promulgated by the commissioner,  and  consistent  with  the  public  health  law,  for  administering  immunizations. Nothing in this  subdivision   shall   authorize   unlicensed   persons   to   administer  immunizations, vaccines or other drugs.    * NB Repealed March 31, 2012