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. LBD11119-11-3A. 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 toA. 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 ofA. 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.
