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-
6 second, two thousand twenty-three pursuant to the state disaster emer-
7 gency 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-
10 tion for licensure with the department pursuant to section sixty-nine
11 hundred five of this article that is] pending a determination[; and (ii)
12 obtained the endorsement of the health care facility, health care
13 program, or health care practice by which he or she was employed pursu-
14 ant 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 department
22 pursuant 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.
LBD15329-01-4
A. 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-
14 ty-second, two thousand twenty-three pursuant to the state disaster
15 emergency 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-
18 tion for licensure with the department pursuant to section sixty-nine
19 hundred six of this article that is] pending a determination[; and (ii)
20 obtained the endorsement of the health care facility, health care
21 program or health care practice by which he or she was employed pursuant
22 to 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 department
30 pursuant to section sixty-nine hundred six of this article; (ii) the
31 person] 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 this
55 section shall file an application for licensure, provide the required
56 written notification, and pay a fee to the department within thirty days
A. 10096 3
1 of the effective date of this section, and shall not be authorized to
2 temporarily practice until the person's name appears on the lists of
3 persons authorized to temporarily practice published on the department's
4 website.]
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 in
10 New York state on May twenty-second, two thousand twenty-three pursuant
11 to the state disaster emergency declared by executive order four of two
12 thousand 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 an
15 application for licensure with the department pursuant to section
16 sixty-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 department
28 pursuant to section sixty-five hundred twenty-four of this article; (2)
29 the 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) the
34 person'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 authorization
40 pursuant to this paragraph shall file an application for licensure,
41 provide the required written notification, and pay a fee to the depart-
42 ment within thirty days of the effective date of the chapter of the laws
43 of two thousand twenty-three that amended this subdivision, and shall
44 not be authorized to temporarily practice until the person's name
45 appears on the lists of persons authorized to temporarily practice
46 published 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 be
52 deemed repealed one year after it shall have become a law].
53 § 4. This act shall take effect immediately.