New York Consolidated Laws
N.Y. Education Law § 6902 (2026)
Definition of practice of nursing
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 6902. Definition of practice of nursing. 1. The practice of the profession of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential health problems through such services as casefinding, health teaching, health counseling, and provision of care supportive to or restorative of life and well-being, and executing medical regimens prescribed by a licensed physician, dentist or other licensed health care provider legally authorized under this title and in accordance with the commissioner's regulations. A nursing regimen shall be consistent with and shall not vary any existing medical regimen. 2. The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of casefinding, health teaching, health counseling, the application of topical fluoride varnish, and provision of supportive and restorative care under the direction of a registered professional nurse or licensed physician, dentist or other licensed health care provider legally authorized under this title and in accordance with the commissioner's regulations. 3. (a) (i) The practice of registered professional nursing by a nurse practitioner, certified under section six thousand nine hundred ten of this article, may include the diagnosis of illness and physical conditions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols except as permitted by paragraph (b) of this subdivision. The written practice agreement shall include explicit provisions for the resolution of any disagreement between the collaborating physician and the nurse practitioner regarding a matter of diagnosis or treatment that is within the scope of practice of both. To the extent the practice agreement does not so provide, then the collaborating physician's diagnosis or treatment shall prevail. (ii) Prescriptions for drugs, devices and immunizing agents may be issued by a nurse practitioner, under this paragraph and section six thousand nine hundred ten of this article, in accordance with the practice agreement and practice protocols except as permitted by paragraph (b) of this subdivision. The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equivalent, as established by the commissioner's regulations, prior to prescribing under this paragraph. The certificate issued under section six thousand nine hundred ten of this article shall state whether the nurse practitioner has successfully completed such a program or equivalent and is authorized to prescribe under this paragraph. (iii) Each practice agreement shall provide for patient records review by the collaborating physician in a timely fashion but in no event less often than every three months. The names of the nurse practitioner and the collaborating physician shall be clearly posted in the practice setting of the nurse practitioner. * (iv) The practice protocol shall reflect current accepted medical and nursing practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposition of any issues arising from such review. * NB Effective until July 1, 2026 * (iv) The practice protocol shall reflect current accepted medical and nursing practice. The protocols shall be filed with the department within ninety days of the commencement of the practice and may be updated periodically. The commissioner shall make regulations establishing the procedure for the review of protocols and the disposition of any issues arising from such review. * NB Effective July 1, 2026 (v) No physician shall enter into practice agreements with more than four nurse practitioners who are not located on the same physical premises as the collaborating physician. * (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivision, a nurse practitioner, certified under section sixty-nine hundred ten of this article and practicing for more than three thousand six hundred hours shall not be required to comply with the requirements of paragraph (a) of this subdivision relating to collaboration with a physician, a written practice agreement and written practice protocols. * NB Effective until July 1, 2026 * (b) Notwithstanding subparagraph (i) of paragraph (a) of this subdivision, a nurse practitioner, certified under section sixty-nine hundred ten of this article and practicing for more than three thousand six hundred hours may comply with this paragraph in lieu of complying with the requirements of paragraph (a) of this subdivision relating to collaboration with a physician, a written practice agreement and written practice protocols. A nurse practitioner complying with this paragraph shall have collaborative relationships with one or more licensed physicians qualified to collaborate in the specialty involved or a hospital, licensed under article twenty-eight of the public health law, that provides services through licensed physicians qualified to collaborate in the specialty involved and having privileges at such institution. As evidence that the nurse practitioner maintains collaborative relationships, the nurse practitioner shall complete and maintain a form, created by the department, to which the nurse practitioner shall attest, that describes such collaborative relationships. For purposes of this paragraph, "collaborative relationships" shall mean that the nurse practitioner shall communicate, whether in person, by telephone or through written (including electronic) means, with a licensed physician qualified to collaborate in the specialty involved or, in the case of a hospital, communicate with a licensed physician qualified to collaborate in the specialty involved and having privileges at such hospital, for the purposes of exchanging information, as needed, in order to provide comprehensive patient care and to make referrals as necessary. Such form shall also reflect the nurse practitioner's acknowledgement that if reasonable efforts to resolve any dispute that may arise with the collaborating physician or, in the case of a collaboration with a hospital, with a licensed physician qualified to collaborate in the specialty involved and having privileges at such hospital, about a patient's care are not successful, the recommendation of the physician shall prevail. Such form shall be updated as needed and may be subject to review by the department. The nurse practitioner shall maintain documentation that supports such collaborative relationships. Failure to comply with the requirements found in this paragraph by a nurse practitioner who is not complying with such provisions of paragraph (a) of this subdivision, shall be subject to professional misconduct provisions as set forth in article one hundred thirty of this title. * NB Effective July 1, 2026 (c) Nothing in this subdivision shall be deemed to limit or diminish the practice of the profession of nursing as a registered professional nurse under this article or any other law, rule, regulation or certification, nor to deny any registered professional nurse the right to do any act or engage in any practice authorized by this article or any other law, rule, regulation or certification. (d) The provisions of this subdivision shall not apply to any activity authorized, pursuant to statute, rule or regulation, to be performed by a registered professional nurse in a hospital as defined in article twenty-eight of the public health law.
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1989–2022 · leading case: New York State Ass'n of Nurse Anesthetists v. Novello, 810 N.E.2d 405 (N.Y. 2004).
New York State Ass'n of Nurse Anesthetists v. Novello, 810 N.E.2d 405 (N.Y. 2004). “" When executing a medical regimen, all nursesincluding CRNAs working in a physician's officealready must be supervised "by a licensed physician, dentist or other licensed health care provider legally authorized under this title" (Education Law § 6902 [1]; see also 1948 Ops…”
Ruggiero v. Miles, 125 A.D.3d 1216 (N.Y. App. Div. 3d Dep't 2015). “Vittengl, who served as Belanger’s collaborating physician and is the sole shareholder of MMC (see Education Law § 6902 [3]). Following joinder of issue and discovery, Vittengl moved for summary judgment dismissing the complaint and any cross claims against him.”
New York State Nurses Ass'n v. Axelrod, 152 A.D.2d 888 (N.Y. App. Div. 3d Dep't 1989). “1, the New York State Nurses Association (hereinafter NYSNA), alleges that the regulations permit licensed practical nurses to perform intravenous therapy beyond the scope of practice permitted a licensed practical nurse by Education Law § 6902 (2) and that the Commissioner of…”
Hytko v. Hennessey, 62 A.D.3d 1081 (N.Y. App. Div. 3d Dep't 2009). “In fact, Richard Waldman, a physician specializing in obstetrics and gynecology, testified that the degree of collaboration with Szary was in keeping with good and accepted standards of practice.”
People v. Munroe, 307 A.D.2d 588 (N.Y. App. Div. 3d Dep't 2003). “Here, the record demonstrates that Sessenwein has considerable experience as a nurse practitioner in the field of pediatric and adolescent gynecology and possesses a nurse practitioner’s license from the state, which gives her the authority to make medical diagnoses (see…”
Matter of Williams v. New York State Just. Ctr. for The Prot. of People With Special Needs, 151 A.D.3d 1355 (N.Y. App. Div. 3d Dep't 2017). “Petitioner was aware that the service recipient had medical conditions pertaining to “bone degeneration] and deterioration],” and that the lift employed to carry the service recipient tended to “roll” if not properly secured because the facility “isn’t level.”
In re Mary Jane P., 9 Misc. 3d 1054 (N.Y. Sup. Ct. 2005). “The issue presented is whether a patient may be retained upon the authorization of a psychiatric nurse practitioner practicing under Education Law § 6902. Section 6902 provides: “3.”
People v. Lewis, 16 A.D.3d 173 (N.Y. App. Div. 1st Dep't 2005). “ult would not be likely to cause physical trauma, since the witness’s extensive training and experience rendered her qualified to provide such an opinion (see People v Rogers, 8 AD3d 888, 892 [2004]; People v Morehouse, 5 AD3d 925, 928-929 [2004], lv denied 3 NY3d 644 [2004];…”
New York Coalition for Quality Assisted Living, Inc. v. Novello, 53 A.D.3d 914 (N.Y. App. Div. 3d Dep't 2008). “Plaintiffs assert that this regulatory scheme violates the Nurse Practice Act because it requires them to engage in the practice of nursing, defined in Education Law § 6902 (1) as involving, among other things, “diagnosing and treating human responses to actual or potential…”
People v. R.R., 12 Misc. 3d 161 (N.Y. Sup. Ct. 2005). “” (Education Law § 6902 [1].) Thus, unlike psychologists and licensed clinical social workers, nurses are subject to limitations on their independent professional judgment when their professional judgment is contrary to an existing regimen prescribed or formulated by a physician.”
In re Cent. New York Psychiatric Ctr., 196 Misc. 2d 51 (N.Y. Sup. Ct. 2003). “The questions presented to this court are: may a nurse practitioner practicing pursuant to Education Law § 6902 and 8 NYCRR 64.4 and 64.”
Jones v. U.S. Healthcare, 282 A.D.2d 347 (N.Y. App. Div. 1st Dep't 2001). “therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice…”
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