Bill Text: NY A10096 | 2023-2024 | General Assembly | Amended

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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) 2024-05-28 - print number 10096a [A10096 Detail]

Download: New_York-2023-A10096-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10096--A

                   IN ASSEMBLY

                                       May 3, 2024
                                       ___________

        Introduced  by  M. of A. FAHY -- 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 temporary authori-
          zations for practice as a registered nurse, licensed practical  nurse,
          or  physician;  to  amend chapter 136 of the laws of 2023 amending the
          education law relating to temporarily authorizing  certain  applicants
          for  licensure as a nurse or physician to practice, in relation to the
          effectiveness thereof; and providing for the repeal of such provisions
          upon expiration 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15329-02-4
        A. 10096--A                         2

     1  [person]  applicant  and  an  authorized representative of the employing
     2  facility shall jointly provide written notification to  the  department,
     3  in  a  form  and format acceptable to the department, that such [person]
     4  applicant  intends to practice in the state of New York pursuant to this
     5  subdivision; [(iii)] (ii) the [person] applicant shall pay  a  temporary
     6  authorization  fee  and  an  applicable professional licensure fee to be
     7  determined by the department; and [(iv)]  (iii)  the  [person's]  appli-
     8  cant's  name  must appear on a list of persons authorized to temporarily
     9  practice registered professional nursing published on  the  department's
    10  website. Such temporary authorization shall expire in one hundred eighty
    11  days,  or  ten  days after notification that the [person] applicant does
    12  not meet the qualifications for licensure as a registered nurse,  which-
    13  ever shall occur first.
    14    2.  (a)  A  person  who  is currently licensed and in good standing in
    15  another state or territory  of  the  United  States  to  practice  as  a
    16  licensed  practical nurse [and practicing in New York state on May twen-
    17  ty-second, two thousand twenty-three  pursuant  to  the  state  disaster
    18  emergency  declared  by executive order four of two thousand twenty-one]
    19  may be temporarily authorized to practice licensed practical nursing  in
    20  the  state of New York[, provided such person has: (i) filed an applica-
    21  tion for licensure with the department pursuant  to  section  sixty-nine
    22  hundred  six of this article that is] pending a determination[; and (ii)
    23  obtained the endorsement  of  the  health  care  facility,  health  care
    24  program or health care practice by which he or she was employed pursuant
    25  to  executive  order  four of two thousand twenty-one,] on licensure for
    26  which an application has  been  filed  pursuant  to  section  sixty-nine
    27  hundred  six  of  this article, provided such applicant has obtained the
    28  endorsement of an employing health care facility, health care program or
    29  health care practice that is authorized by New York state law to provide
    30  professional nursing services.
    31    (b) Prior to commencing [such temporarily  authorized]  practice:  (i)
    32  the  [person shall file an application for licensure with the department
    33  pursuant to section sixty-nine hundred six of  this  article;  (ii)  the
    34  person]  applicant  and  an  authorized  representative of the employing
    35  facility shall jointly provide written notification to  the  department,
    36  in  a  form  and format acceptable to the department, that such [person]
    37  applicant intends to practice in the state of New York pursuant to  this
    38  subdivision;  [(iii)]  (ii) the [person] applicant shall pay a temporary
    39  authorization fee and an applicable professional  licensure  fee  to  be
    40  determined  by  the  department;  and [(iv)] (iii) the [person's] appli-
    41  cant's name must appear on a list of persons authorized  to  temporarily
    42  practice  licensed  practical  nursing  published  on  the  department's
    43  website. Such temporary authorization shall expire in one hundred eighty
    44  days, or ten days after notification that the  [person]  applicant  does
    45  not meet the qualifications for licensure as a licensed practical nurse,
    46  whichever shall occur first.
    47    3.  Any  person practicing as a registered nurse or licensed practical
    48  nurse in New York state pursuant to this section shall be subject to the
    49  personal and subject matter jurisdiction and disciplinary and regulatory
    50  authority of the board of regents as if [he or she]  such  person  is  a
    51  licensee  and as if the temporary authorization pursuant to this section
    52  is a license.  Such person shall comply with  applicable  provisions  of
    53  this  title  and  the  rules of the board of regents relating to profes-
    54  sional practice, professional misconduct, disciplinary  proceedings  and
    55  penalties  for professional misconduct. Failure to adhere to the notifi-
        A. 10096--A                         3

     1  cation provisions of this section may be considered  unauthorized  prac-
     2  tice pursuant to section sixty-five hundred twelve of this title.
     3    4.  Persons  eligible for the temporary authorization pursuant to this
     4  section shall file an application for licensure and  pay  the  temporary
     5  authorization  fee  and the professional licensure fee to the department
     6  within thirty days of submitting the written notification  of  temporary
     7  authorization to the department, [provide the required written notifica-
     8  tion,  and  pay a fee to the department within thirty days of the effec-
     9  tive date of this section,] and shall not be authorized  to  temporarily
    10  practice  until [the] such person's name appears on the lists of persons
    11  authorized  to  temporarily  practice  published  on  the   department's
    12  website.
    13    §  2. Paragraph (b) of subdivision 10 of section 6526 of the education
    14  law, as amended by chapter 136 of the laws of 2023, is amended  to  read
    15  as follows:
    16    (b)  (i)  A  person  who is currently licensed and in good standing in
    17  another state or territory to practice as a physician [and practicing in
    18  New York state on May twenty-second, two thousand twenty-three  pursuant
    19  to  the state disaster emergency declared by executive order four of two
    20  thousand twenty-one] may be temporarily authorized to practice  medicine
    21  in  the  state  of  New  York  under the supervision of a New York state
    22  licensed and registered physician, [provided such person: (1)  filed  an
    23  application  for  licensure  with  the  department  pursuant  to section
    24  sixty-five hundred twenty-four of this article that is] pending a deter-
    25  mination[; (2)] on licensure for which an  application  has  been  filed
    26  pursuant  to  section  sixty-five  hundred  twenty-four of this article,
    27  provided such applicant: (1) has obtained the endorsement of an  employ-
    28  ing  health  care facility, health care program, or health care practice
    29  that is authorized by New York state law to provide medical services and
    30  acceptable to the department;  [(3)]  (2)  has  graduated  from  a  duly
    31  accredited  school  of  medicine located in the United States or Canada;
    32  and [(4)] (3) is currently board certified by a physician  certification
    33  board acceptable to the department.
    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] applicant and supervising physician  shall  jointly  provide
    38  written  notification to the department, in a form and format acceptable
    39  to the department, that such [person] applicant intends to  practice  in
    40  the  state  of New York pursuant to this paragraph; [(3) the person] (2)
    41  the applicant shall pay a temporary authorization fee and an  applicable
    42  professional  licensure fee to be determined by the department; and [(4)
    43  the person's] (3) the applicant's name must appear on a list of  persons
    44  authorized  to  temporarily  practice  medicine published on the depart-
    45  ment's website. Such temporary authorization shall expire in one hundred
    46  eighty days or ten days after notification that the  [person]  applicant
    47  does not meet the qualifications for licensure as a physician, whichever
    48  shall  occur  first.  Persons  eligible  for the temporary authorization
    49  pursuant to this paragraph shall file an application for  licensure  and
    50  pay  the  temporary authorization fee and the professional licensure fee
    51  to the department within thirty days of submitting the written notifica-
    52  tion of temporary authorization to the department, [provide the required
    53  written notification, and pay a fee to the department within thirty days
    54  of the effective date of the chapter of the laws of two  thousand  twen-
    55  ty-three  that amended this subdivision,] and shall not be authorized to
    56  temporarily practice until [the] such person's name appears on the lists
        A. 10096--A                         4

     1  of persons authorized to temporarily practice published on  the  depart-
     2  ment's website.
     3    §  3. Section 3 of chapter 136 of the laws of 2023 amending the educa-
     4  tion law relating to  temporarily  authorizing  certain  applicants  for
     5  licensure  as  a  nurse  or physician to practice, is amended to read as
     6  follows:
     7    § 3. This act shall take effect immediately [and shall expire  and  be
     8  deemed repealed one year after it shall have become a law].
     9    §  4.  This act shall take effect immediately; and shall expire and be
    10  deemed repealed on the one hundred eightieth day  after  it  shall  have
    11  become a law.