Bill Text: NY A10096 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to temporary authorizations for practice as a registered nurse, licensed practical nurse, or physician; extends the effectiveness of certain provisions relating thereto.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-03 - referred to higher education [A10096 Detail]
Download: New_York-2023-A10096-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10096 IN ASSEMBLY May 3, 2024 ___________ Introduced by M. of A. FAHY -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to temporary authori- zations for practice as a registered nurse, licensed practical nurse, or physician; and to amend chapter 136 of the laws of 2023 amending the education law relating to temporarily authorizing certain appli- cants for licensure as a nurse or physician to practice, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6907-a of the education law, as added by chapter 2 136 of the laws of 2023, is amended to read as follows: 3 § 6907-a. Temporary authorization. 1. (a) A person who is currently 4 licensed and in good standing in another state or territory to practice 5 as a registered nurse [and practicing in New York state on May twenty-6second, two thousand twenty-three pursuant to the state disaster emer-7gency declared by executive order four of two thousand twenty-one] may 8 be temporarily authorized to practice registered professional nursing in 9 the state of New York[, provided such person has: (i) filed an applica-10tion for licensure with the department pursuant to section sixty-nine11hundred five of this article that is] pending a determination[; and (ii)12obtained the endorsement of the health care facility, health care13program, or health care practice by which he or she was employed pursu-14ant to executive order four of two thousand twenty-one,] on licensure 15 for which an application has been filed pursuant to section sixty-nine 16 hundred five of this article, provided such applicant has obtained the 17 endorsement of an employing health care facility, health care program, 18 or health care practice that is authorized by New York state law to 19 provide professional nursing services and acceptable to the department. 20 (b) Prior to commencing [such temporarily authorized] practice: (i) 21 [the person shall file an application for licensure with the department22pursuant to section sixty-nine hundred five of this article; (ii)] the 23 [person] applicant and an authorized representative of the employing 24 facility shall jointly provide written notification to the department, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15329-01-4A. 10096 2 1 in a form and format acceptable to the department, that such [person] 2 applicant intends to practice in the state of New York pursuant to this 3 subdivision; [(iii)] (ii) the [person] applicant shall pay a fee deter- 4 mined by the department; and [(iv)] (iii) the [person's] applicant's 5 name must appear on a list of persons authorized to temporarily practice 6 registered professional nursing published on the department's website. 7 Such temporary authorization shall expire in one hundred eighty days, or 8 ten days after notification that the [person] applicant does not meet 9 the qualifications for licensure as a registered nurse, whichever shall 10 occur first. 11 2. (a) A person who is currently licensed and in good standing in 12 another state or territory of the United States to practice as a 13 licensed practical nurse [and practicing in New York state on May twen-14ty-second, two thousand twenty-three pursuant to the state disaster15emergency declared by executive order four of two thousand twenty-one] 16 may be temporarily authorized to practice licensed practical nursing in 17 the state of New York[, provided such person has: (i) filed an applica-18tion for licensure with the department pursuant to section sixty-nine19hundred six of this article that is] pending a determination[; and (ii)20obtained the endorsement of the health care facility, health care21program or health care practice by which he or she was employed pursuant22to executive order four of two thousand twenty-one,] on licensure for 23 which an application has been filed pursuant to section sixty-nine 24 hundred six of this article, provided such applicant has obtained the 25 endorsement of an employing health care facility, health care program or 26 health care practice that is authorized by New York state law to provide 27 professional nursing services. 28 (b) Prior to commencing [such temporarily authorized] practice: (i) 29 the [person shall file an application for licensure with the department30pursuant to section sixty-nine hundred six of this article; (ii) the31person] applicant and an authorized representative of the employing 32 facility shall jointly provide written notification to the department, 33 in a form and format acceptable to the department, that such [person] 34 applicant intends to practice in the state of New York pursuant to this 35 subdivision; [(iii)] (ii) the [person] applicant shall pay a fee deter- 36 mined by the department; and [(iv)] (iii) the [person's] applicant's 37 name must appear on a list of persons authorized to temporarily practice 38 licensed practical nursing published on the department's website. Such 39 temporary authorization shall expire in one hundred eighty days, or ten 40 days after notification that the [person] applicant does not meet the 41 qualifications for licensure as a licensed practical nurse, whichever 42 shall occur first. 43 3. Any person practicing as a registered nurse or licensed practical 44 nurse in New York state pursuant to this section shall be subject to the 45 personal and subject matter jurisdiction and disciplinary and regulatory 46 authority of the board of regents as if he or she is a licensee and as 47 if the temporary authorization pursuant to this section is a license. 48 Such person shall comply with applicable provisions of this title and 49 the rules of the board of regents relating to professional practice, 50 professional misconduct, disciplinary proceedings and penalties for 51 professional misconduct. Failure to adhere to the notification 52 provisions of this section may be considered unauthorized practice 53 pursuant to section sixty-five hundred twelve of this title. 54 [4. Persons eligible for the temporary authorization pursuant to this55section shall file an application for licensure, provide the required56written notification, and pay a fee to the department within thirty daysA. 10096 3 1of the effective date of this section, and shall not be authorized to2temporarily practice until the person's name appears on the lists of3persons authorized to temporarily practice published on the department's4website.] 5 § 2. Paragraph (b) of subdivision 10 of section 6526 of the education 6 law, as amended by chapter 136 of the laws of 2023, is amended to read 7 as follows: 8 (b) (i) A person who is currently licensed and in good standing in 9 another state or territory to practice as a physician [and practicing in10New York state on May twenty-second, two thousand twenty-three pursuant11to the state disaster emergency declared by executive order four of two12thousand twenty-one] may be temporarily authorized to practice medicine 13 in the state of New York under the supervision of a New York state 14 licensed and registered physician, [provided such person: (1) filed an15application for licensure with the department pursuant to section16sixty-five hundred twenty-four of this article that is] pending a deter- 17 mination[; (2)] on licensure for which an application has been filed 18 pursuant to section sixty-five hundred twenty-four of this article, 19 provided such applicant: (1) has obtained the endorsement of an employ- 20 ing health care facility, health care program, or health care practice 21 that is authorized by New York state law to provide medical services and 22 acceptable to the department; [(3)] (2) has graduated from a duly 23 accredited school of medicine located in the United States or Canada; 24 and [(4)] (3) is currently board certified by a physician certification 25 board acceptable to the department. 26 (ii) Prior to commencing [temporarily authorized] practice: (1) the 27 [person shall file an application for licensure with the department28pursuant to section sixty-five hundred twenty-four of this article; (2)29the person] applicant and supervising physician shall jointly provide 30 written notification to the department, in a form and format acceptable 31 to the department, that such [person] applicant intends to practice in 32 the state of New York pursuant to this paragraph; [(3) the person] (2) 33 the applicant shall pay a fee determined by the department; and [(4) the34person's] (3) the applicant's name must appear on a list of persons 35 authorized to temporarily practice medicine published on the depart- 36 ment's website. Such temporary authorization shall expire in one hundred 37 eighty days or ten days after notification that the [person] applicant 38 does not meet the qualifications for licensure as a physician, whichever 39 shall occur first. [Persons eligible for the temporary authorization40pursuant to this paragraph shall file an application for licensure,41provide the required written notification, and pay a fee to the depart-42ment within thirty days of the effective date of the chapter of the laws43of two thousand twenty-three that amended this subdivision, and shall44not be authorized to temporarily practice until the person's name45appears on the lists of persons authorized to temporarily practice46published on the department's website.] 47 § 3. Section 3 of chapter 136 of the laws of 2023 amending the educa- 48 tion law relating to temporarily authorizing certain applicants for 49 licensure as a nurse or physician to practice, is amended to read as 50 follows: 51 § 3. This act shall take effect immediately [and shall expire and be52deemed repealed one year after it shall have become a law]. 53 § 4. This act shall take effect immediately.
