Bill Text: NY A06697 | 2023-2024 | General Assembly | Amended


Bill Title: Relates to allowing certain applicants for licensure as a nurse or physician who are currently licensed and in good standing in another state or territory to be granted authorization to practice in this state for a limited period of time pending a determination on licensure.

Spectrum: Moderate Partisan Bill (Democrat 13-4)

Status: (Passed) 2023-06-22 - signed chap.136 [A06697 Detail]

Download: New_York-2023-A06697-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6697--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 2, 2023
                                       ___________

        Introduced  by M. of A. FAHY, PAULIN, McDONALD, LUPARDO, PEOPLES-STOKES,
          LUNSFORD, CLARK, JENSEN, CUNNINGHAM, SEAWRIGHT, ROZIC,  STIRPE,  WOER-
          NER,  DeSTEFANO,  MIKULIN,  ANGELINO  -- read once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported and referred to the Committee on Ways and Means  --  reported
          and  referred to the Committee on Rules -- Rules Committee discharged,
          bill amended, ordered reprinted as  amended  and  recommitted  to  the
          Committee on Rules

        AN  ACT to amend the education law, in relation to temporarily authoriz-
          ing certain applicants for licensure as a nurse or physician to  prac-
          tice; and providing for the repeal of such provisions upon the expira-
          tion thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The education law is amended by adding a new section 6907-a
     2  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 be
     8  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, that is  author-
    15  ized  by New York state law to provide professional nursing services and
    16  acceptable to the department.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11119-11-3

        A. 6697--B                          2

     1    (b) Prior to commencing such temporarily authorized practice: (i)  the
     2  person  shall  file  an  application  for  licensure with the department
     3  pursuant to section sixty-nine hundred five of this  article;  (ii)  the
     4  person  and an authorized representative of the employing facility shall
     5  jointly  provide  written  notification to the department, in a form and
     6  format acceptable to the department, that such person intends  to  prac-
     7  tice  in  the  state of New York pursuant to this subdivision; (iii) the
     8  person shall pay a fee  determined  by  the  department;  and  (iv)  the
     9  person's name must appear on a list of persons authorized to temporarily
    10  practice  registered  professional nursing published on the department's
    11  website. Such temporary authorization shall expire in one hundred eighty
    12  days, or ten days after notification that the person does not  meet  the
    13  qualifications  for  licensure  as  a  registered nurse, whichever shall
    14  occur first.
    15    2. (a) A person who is currently licensed  and  in  good  standing  in
    16  another  state  or  territory  of  the  United  States  to practice as a
    17  licensed practical nurse and practicing in New York state on May   twen-
    18  ty-second,  two  thousand  twenty-three  pursuant  to the state disaster
    19  emergency declared by executive order four of  two  thousand  twenty-one
    20  may  be temporarily authorized to practice licensed practical nursing in
    21  the state of New York, provided such person has:  (i) filed an  applica-
    22  tion  for  licensure  with the department pursuant to section sixty-nine
    23  hundred six of this article that is pending a  determination;  and  (ii)
    24  obtained  the  endorsement  of  the  health  care  facility, health care
    25  program or health care practice by which he or she was employed pursuant
    26  to executive order four of two thousand twenty-one,  that is  authorized
    27  by New York state law to provide professional nursing services.
    28    (b)  Prior to commencing such temporarily authorized practice: (i) the
    29  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 and an authorized representative of the employing facility  shall
    32  jointly  provide  written  notification to the department, in a form and
    33  format acceptable to the department, that such person intends  to  prac-
    34  tice  in  the  state of New York pursuant to this subdivision; (iii) the
    35  person shall pay a fee  determined  by  the  department;  and  (iv)  the
    36  person's name must appear on a list of persons authorized to temporarily
    37  practice  licensed  practical  nursing  published  on  the  department's
    38  website. Such temporary authorization shall expire in one hundred eighty
    39  days, or ten days after notification that the person does not  meet  the
    40  qualifications  for  licensure  as a licensed practical nurse, whichever
    41  shall occur first.
    42    3. Any person practicing as a registered nurse or  licensed  practical
    43  nurse in New York state pursuant to this section shall be subject to the
    44  personal and subject matter jurisdiction and disciplinary and regulatory
    45  authority  of  the board of regents as if he or she is a licensee and as
    46  if the temporary authorization pursuant to this section  is  a  license.
    47  Such  person  shall  comply with applicable provisions of this title and
    48  the rules of the board of regents  relating  to  professional  practice,
    49  professional  misconduct,  disciplinary  proceedings  and  penalties for
    50  professional  misconduct.  Failure  to  adhere   to   the   notification
    51  provisions  of  this  section  may  be  considered unauthorized practice
    52  pursuant to section sixty-five hundred twelve of this title.
    53    4. Persons eligible for the temporary authorization pursuant  to  this
    54  section  shall  file  an application for licensure, provide the required
    55  written notification, and pay a fee to the department within thirty days
    56  of the effective date of this section, and shall not  be  authorized  to

        A. 6697--B                          3

     1  temporarily  practice  until  the  person's name appears on the lists of
     2  persons authorized to temporarily practice published on the department's
     3  website.
     4    §  2.  Subdivision 10 of section 6526 of the education law, as amended
     5  by chapter 199 of the laws of 2019, is amended to read as follows:
     6    10. (a) Any physician who is licensed and in good standing in  another
     7  state  or  territory, and who has a written agreement to provide medical
     8  services to athletes and team personnel of a United States  sports  team
     9  recognized  by  the  United  States Olympic committee or an out-of-state
    10  secondary school, institution of  postsecondary  education,  or  profes-
    11  sional  athletic  organization sports team, may provide medical services
    12  to such athletes and team personnel at a discrete sanctioned team sport-
    13  ing event in this state as defined by the commissioner  in  regulations,
    14  provided  such  services  are  provided  only  to such athletes and team
    15  personnel at the discrete  sanctioned  team  sporting  event.  Any  such
    16  medical  services  shall be provided only five days before through three
    17  days after each discrete sanctioned team sporting event.
    18    (b) (i) A person who is currently licensed and  in  good  standing  in
    19  another  state or territory to practice as a physician and practicing in
    20  New York state on May twenty-second, two thousand twenty-three  pursuant
    21  to  the state disaster emergency declared by executive order four of two
    22  thousand twenty-one may be temporarily authorized to  practice  medicine
    23  in  the  state  of  New  York  under the supervision of a New York state
    24  licensed and registered physician, provided such person:  (1)  filed  an
    25  application  for  licensure  with  the  department  pursuant  to section
    26  sixty-five hundred twenty-four of this article that is pending a  deter-
    27  mination;  (2)  has obtained the endorsement of an employing health care
    28  facility, health care program, or health care practice that  is  author-
    29  ized by New York state law to provide medical services and acceptable to
    30  the department; (3) has graduated from a duly accredited school of medi-
    31  cine  located in the United States or Canada; and (4) is currently board
    32  certified by a physician certification board acceptable to  the  depart-
    33  ment.
    34    (ii)  Prior  to  commencing  temporarily  authorized practice: (1) the
    35  person shall file an  application  for  licensure  with  the  department
    36  pursuant  to section sixty-five hundred twenty-four of this article; (2)
    37  the person and  supervising  physician  shall  jointly  provide  written
    38  notification  to  the department, in a form and format acceptable to the
    39  department, that such person intends to practice in  the  state  of  New
    40  York  pursuant  to this paragraph; (3) the person shall pay a fee deter-
    41  mined by the department; and (4) the person's name must appear on a list
    42  of persons authorized to temporarily practice medicine published on  the
    43  department's  website.  Such temporary authorization shall expire in one
    44  hundred eighty days or ten days after notification that the person  does
    45  not  meet  the  qualifications  for  licensure as a physician, whichever
    46  shall occur first. Persons  eligible  for  the  temporary  authorization
    47  pursuant  to  this  paragraph  shall  file an application for licensure,
    48  provide the required written notification, and pay a fee to the  depart-
    49  ment within thirty days of the effective date of the chapter of the laws
    50  of  two  thousand  twenty-three that amended this subdivision, and shall
    51  not be authorized  to  temporarily  practice  until  the  person's  name
    52  appears  on  the  lists  of  persons  authorized to temporarily practice
    53  published on the department's website.
    54    (c) Any person practicing as a physician in New York state pursuant to
    55  this subdivision shall be subject to the  personal  and  subject  matter
    56  jurisdiction  and  disciplinary and regulatory authority of the board of

        A. 6697--B                          4

     1  regents and the state board for professional medical conduct established
     2  pursuant to section two hundred thirty of the public health law as if he
     3  or she is a licensee and as if the exemption pursuant to  this  subdivi-
     4  sion  is  a  license.  Such  individual  shall  comply  with  applicable
     5  provisions of this title, the public health law, the rules of the  board
     6  of regents, the state board for professional medical conduct established
     7  pursuant to section two hundred thirty of the public health law, and the
     8  regulations of the commissioner and the commissioner of health, relating
     9  to  professional  misconduct, disciplinary proceedings and penalties for
    10  professional  misconduct.  Failure  to  adhere   to   the   notification
    11  provisions  of paragraph (b) of this subdivision may be considered unau-
    12  thorized practice pursuant to section sixty-five hundred twelve of  this
    13  title.
    14    §  3.  This  act shall take effect immediately and shall expire and be
    15  deemed repealed one year after it shall have become a law.
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