May 30, 2022

Attached please find a revised summary of the Assembly and Senate ‘same as’ bills that were introduced to address the clinical scope of practice (CSP) issue facing Article 163 practitioners and their employers, on Friday night.  These are the bills that will be in play when lawmakers return to Albany tomorrow (Tuesday) to wrap up the 2022 legislative session.  Governor Hochul was quoted last night as stating there is still a great deal of work to be done before the end of session.  We anticipate lawmakers will be in town all week.

Although legislation was introduced last week by Senator Harckham and Assemblyman Cusick that would amend Part Y of 2018 to include language that some believe would adequately address the concerns raised about scope for unlicensed staff, the legislation has not moved. Last week, we issued letters to Commissioners Sullivan and Cunningham, imploring the state agencies to consult with us and issue immediate guidance that (among other things) clarifies whether they see the unlicensed staff issue as the problem some believe it is.

Resources:   

1) NYS Article 163 Clinical Scope of Practice Legislative Summary   

2) DRAFT NYS Council Memo In Support    

3) Copy of the Assembly A6008E  (As stated previously, the Senate and Assembly bills are identical.)

Note: We will not distribute our Memo In Support regarding Article 163 practitioners until Tuesday at noon in order to give NYS Council members some time to digest what’s in the bills but time is of the essence so  please review at your earliest convenience and get in touch if you have a serious concern about any of the major components of the bill.  Remember: If these bills are enacted, the state will need to issue regulations that answer specific questions about the major elements of the legislation.