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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6697--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 2, 2023
                                       ___________

        Introduced  by M. of A. FAHY, PAULIN, McDONALD, LUPARDO, PEOPLES-STOKES,
          LUNSFORD, CLARK, JENSEN -- read once and referred to the Committee  on
          Higher  Education  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        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  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 as of May twen-
     6  ty-second, two thousand twenty-three  pursuant  to  the  state  disaster
     7  emergency  declared  by executive order four of two thousand twenty-one,
     8  may be temporarily authorized to practice registered professional  nurs-
     9  ing  in  the  state of New York pending a determination on licensure for
    10  which an application has  been  filed  pursuant  to  section  sixty-nine
    11  hundred  five  of this article, provided such applicant has obtained the
    12  endorsement of the health care facility, health care program, or  health
    13  care  practice  by  which  he  or she was employed pursuant to executive
    14  order four of two thousand twenty-one, that is authorized  by  New  York
    15  state law to provide professional nursing services and acceptable to the
    16  department.  Prior  to  commencing such temporarily authorized practice:
    17  (i) the applicant and an  authorized  representative  of  the  employing
    18  facility  shall  jointly provide written notification to the department,
    19  in a form and format acceptable to the department, that  such  applicant
    20  intends  to  practice in the state of New York pursuant to this subdivi-
    21  sion; (ii) the applicant shall pay a fee determined by  the  department;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11119-04-3
        A. 6697--A                          2

     1  and  (iii) the applicant's name must appear on a list of persons author-
     2  ized to temporarily practice registered professional  nursing  published
     3  on  the  department's website. Such temporary authorization shall expire
     4  in  one  hundred  eighty  days,  or ten days after notification that the
     5  applicant does not meet the qualifications for licensure as a registered
     6  nurse, whichever shall occur first.
     7    2. A person who is currently licensed and in good standing in  another
     8  state  or territory of the United States to practice as a licensed prac-
     9  tical nurse and practicing in New York state as of May    twenty-second,
    10  two  thousand  twenty-three  pursuant  to  the  state disaster emergency
    11  declared by executive order four of  two  thousand  twenty-one,  may  be
    12  temporarily  authorized  to  practice  licensed practical nursing in the
    13  state of New York pending a determination  on  licensure  for  which  an
    14  application has been filed pursuant to section sixty-nine hundred six of
    15  this  article,  provided  such applicant has obtained the endorsement of
    16  the health care facility, health care program or health care practice by
    17  which he or she was employed pursuant to executive  order  four  of  two
    18  thousand  twenty-one,    that  is  authorized  by  New York state law to
    19  provide professional nursing services. Prior to commencing  such  tempo-
    20  rarily  authorized  practice: (i) the applicant and an authorized repre-
    21  sentative of  the  employing  facility  shall  jointly  provide  written
    22  notification  to  the department, in a form and format acceptable to the
    23  department, that such applicant intends to practice in the state of  New
    24  York  pursuant  to  this subdivision; (ii) the applicant shall pay a fee
    25  determined by the department; and (iii) the applicant's name must appear
    26  on a list of persons authorized to temporarily practice licensed practi-
    27  cal nursing  published  on  the  department's  website.  Such  temporary
    28  authorization shall expire in one hundred eighty days, or ten days after
    29  notification  that  the  applicant  does not meet the qualifications for
    30  licensure as a licensed practical nurse, whichever shall occur first.
    31    3. Any person practicing as a registered nurse or  licensed  practical
    32  nurse in New York state pursuant to this section shall be subject to the
    33  personal and subject matter jurisdiction and disciplinary and regulatory
    34  authority  of  the board of regents as if he or she is a licensee and as
    35  if the temporary authorization pursuant to this section  is  a  license.
    36  Such  person  shall  comply with applicable provisions of this title and
    37  the rules of the board of regents  relating  to  professional  practice,
    38  professional  misconduct,  disciplinary  proceedings  and  penalties for
    39  professional  misconduct.  Failure  to  adhere   to   the   notification
    40  provisions  of  this  section  may  be  considered unauthorized practice
    41  pursuant to section sixty-five hundred twelve of this title.
    42    4. Persons eligible for the temporary authorization pursuant  to  this
    43  section  shall  provide the required written notification and fee to the
    44  department within three months of the effective date of this section and
    45  shall not be authorized to practice until the applicant's  name  appears
    46  on  the lists of persons authorized to temporarily practice published on
    47  the department's website.
    48    § 2. Subdivision 10 of section 6526 of the education law,  as  amended
    49  by chapter 199 of the laws of 2019, is amended to read as follows:
    50    10.  (a) Any physician who is licensed and in good standing in another
    51  state or territory, and who has a written agreement to  provide  medical
    52  services  to  athletes and team personnel of a United States sports team
    53  recognized by the United States Olympic  committee  or  an  out-of-state
    54  secondary  school,  institution  of  postsecondary education, or profes-
    55  sional athletic organization sports team, may provide  medical  services
    56  to such athletes and team personnel at a discrete sanctioned team sport-
        A. 6697--A                          3

     1  ing  event  in this state as defined by the commissioner in regulations,
     2  provided such services are provided  only  to  such  athletes  and  team
     3  personnel  at  the  discrete  sanctioned  team  sporting event. Any such
     4  medical  services  shall be provided only five days before through three
     5  days after each discrete sanctioned team sporting event.
     6    (b) A person who is currently licensed and in good standing in another
     7  state or territory to practice as a physician and practicing in New York
     8  state as of May twenty-second, two thousand twenty-three pursuant to the
     9  state disaster emergency declared by executive order four of  two  thou-
    10  sand  twenty-one,  may be temporarily authorized to practice medicine in
    11  the state of New York under the supervision of a New York state licensed
    12  and registered physician, pending a determination on licensure for which
    13  an application has been filed pursuant  to  section  sixty-five  hundred
    14  twenty-four  of this article, provided such applicant:  has obtained the
    15  endorsement of an employing health care facility, health  care  program,
    16  or  health  care  practice  that  is authorized by New York state law to
    17  provide medical services and acceptable to the department; has graduated
    18  from a duly accredited school of medicine located in the  United  States
    19  or Canada; and is currently board certified by a physician certification
    20  board  acceptable  to  the  department.  Prior to commencing temporarily
    21  authorized practice: (i) the applicant and supervising  physician  shall
    22  jointly  provide  written  notification to the department, in a form and
    23  format acceptable to the department,  that  such  applicant  intends  to
    24  practice in the state of New York pursuant to this subdivision; (ii) the
    25  applicant  shall  pay  a fee determined by the department; and (iii) the
    26  applicant's name must appear on a list of persons authorized  to  tempo-
    27  rarily  practice  medicine  published  on the department's website. Such
    28  temporary authorization shall expire in one hundred eighty days  or  ten
    29  days  after notification that the applicant does not meet the qualifica-
    30  tions for licensure as a physician, whichever shall occur first. Persons
    31  eligible for the temporary  authorization  pursuant  to  this  paragraph
    32  shall  provide  the required written notification and fee to the depart-
    33  ment within three months of the effective date of  the  chapter  of  the
    34  laws  of  two  thousand  twenty-three  that amended this subdivision and
    35  shall not be authorized to practice until the applicant's  name  appears
    36  on  the lists of persons authorized to temporarily practice published on
    37  the department's website.
    38    (c) Any person practicing as a physician in New York state pursuant to
    39  this subdivision shall be subject to the  personal  and  subject  matter
    40  jurisdiction  and  disciplinary and regulatory authority of the board of
    41  regents and the state board for professional medical conduct established
    42  pursuant to section two hundred thirty of the public health law as if he
    43  or she is a licensee and as if the exemption pursuant to  this  subdivi-
    44  sion  is  a  license.  Such  individual  shall  comply  with  applicable
    45  provisions of this title, the public health law, the rules of the  board
    46  of regents, the state board for professional medical conduct established
    47  pursuant to section two hundred thirty of the public health law, and the
    48  regulations of the commissioner and the commissioner of health, relating
    49  to  professional  misconduct, disciplinary proceedings and penalties for
    50  professional  misconduct.  Failure  to  adhere   to   the   notification
    51  provisions  of paragraph (b) of this subdivision may be considered unau-
    52  thorized practice pursuant to section sixty-five hundred twelve of  this
    53  title.
    54    §  3.  This  act shall take effect immediately and shall expire and be
    55  deemed repealed one year after it shall have become a law.