Practice Information

SED/OMRDD Memorandum of Understanding for RN Nursing Supervision

March 2003 Regents Item
OMRDD Administrative Memorandum - #2003-01


Memorandum of Understanding
Between the
New York State Office of Mental Retardation and Developmental Disabilities
and the
New York State Education Department
Regarding Registered Nursing Supervision
of Unlicensed Direct Care Staff
in Residential Facilities Certified by the
Office of Mental Retardation and Developmental Disabilities


WHEREAS, the Office of Mental Retardation and Developmental Disabilities (OMRDD) is responsible for the delivery of services for individuals with developmental disabilities throughout New York State; and

WHEREAS, the New York State Education Department (SED) is responsible for issuing licenses to registered professional nurses and licensed practical nurses; and

WHEREAS, OMRDD and SED wish to define the appropriate level of supervision that is to be provided by registered professional nurses to unlicensed OMRDD direct care staff who perform tasks or activities commonly identified as nursing procedures pursuant to §6908(1)(b) of the New York State Education Law;

NOW, THEREFORE, OMRDD and SED hereby agree as follows:

  1. The nursing supervision administrative memorandum which is attached hereto establishes the appropriate level of supervision that is to be provided by registered professional nurses to unlicensed OMRDD direct care staff who perform tasks or activities commonly identified as nursing procedures pursuant to §6908(1)(b) of the New York State Education Law.
  2. OMRDD shall request approval from the Governor's Office of Regulatory Reform to add a provision to the regulations set forth in 14 NYCRR which incorporates the attached nursing supervision administrative memorandum by reference.
  3. OMRDD shall confer with designated representatives of SED regarding public comments and suggestions made by the Governor's Office of Regulatory Reform relating to such regulatory proposal.
  4. OMRDD shall incorporate review of adherence to the attached administrative memorandum within its routine survey of OMRDD certified community-based residential facilities.
  5. The attached administrative memorandum may be amended only in writing by mutual agreement of designated representatives of the undersigned parties.
    • Helene DeSanto /s/
      Executive Deputy Commissioner
      New York State Office of Mental Retardation and Developmental Disabilities
      Dated: 2/10/03
    • Johanna Duncan-Poitier /s/
      Deputy Commissioner
      Office of the Professions
      New York State Education Department
      Dated: 2/18/03
Last Updated: January 31, 2013