Bill Text: NY S09761 | 2023-2024 | General Assembly | Introduced

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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) 2024-05-29 - REFERRED TO HIGHER EDUCATION [S09761 Detail]

Download: New_York-2023-S09761-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9761

                    IN SENATE

                                      May 29, 2024
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed 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; 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
    23  [person] applicant and an authorized  representative  of  the  employing

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15329-03-4
        S. 9761                             2

     1  facility  shall  jointly provide written notification to the department,
     2  in a form and format acceptable to the department,  that  such  [person]
     3  applicant  intends to practice in the state of New York pursuant to this
     4  subdivision;  [(iii)]  (ii) the [person] applicant shall pay a temporary
     5  authorization fee and an applicable professional  licensure  fee  to  be
     6  determined  by  the  department;  and [(iv)] (iii) the [person's] appli-
     7  cant's name must appear on a list of persons authorized  to  temporarily
     8  practice  registered  professional nursing published on the department's
     9  website. Such temporary authorization shall expire in one hundred eighty
    10  days, or ten days after notification that the  [person]  applicant  does
    11  not  meet the qualifications for licensure as a registered nurse, which-
    12  ever shall occur first.
    13    2. (a) A person who is currently licensed  and  in  good  standing  in
    14  another  state  or  territory  of  the  United  States  to practice as a
    15  licensed practical nurse [and practicing in New York state on May  twen-
    16  ty-second,  two  thousand  twenty-three  pursuant  to the state disaster
    17  emergency declared by executive order four of two  thousand  twenty-one]
    18  may  be temporarily authorized to practice licensed practical nursing in
    19  the state of New York[, provided such person has: (i) filed an  applica-
    20  tion  for  licensure  with the department pursuant to section sixty-nine
    21  hundred six of this article that is] pending a determination[; and  (ii)
    22  obtained  the  endorsement  of  the  health  care  facility, health care
    23  program or health care practice by which he or she was employed pursuant
    24  to executive order four of two thousand twenty-one,]  on  licensure  for
    25  which  an  application  has  been  filed  pursuant to section sixty-nine
    26  hundred six of this article, provided such applicant  has  obtained  the
    27  endorsement of an employing health care facility, health care program or
    28  health care practice that is authorized by New York state law to provide
    29  professional nursing services.
    30    (b)  Prior  to  commencing [such temporarily authorized] practice: (i)
    31  the [person shall file an application for licensure with the  department
    32  pursuant  to  section  sixty-nine  hundred six of this article; (ii) the
    33  person] applicant and an  authorized  representative  of  the  employing
    34  facility  shall  jointly provide written notification to the department,
    35  in a form and format acceptable to the department,  that  such  [person]
    36  applicant  intends to practice in the state of New York pursuant to this
    37  subdivision; [(iii)] (ii) the [person] applicant shall pay  a  temporary
    38  authorization  fee  and  an  applicable professional licensure fee to be
    39  determined by the department; and [(iv)]  (iii)  the  [person's]  appli-
    40  cant's  name  must appear on a list of persons authorized to temporarily
    41  practice  licensed  practical  nursing  published  on  the  department's
    42  website. Such temporary authorization shall expire in one hundred eighty
    43  days,  or  ten  days after notification that the [person] applicant does
    44  not meet the qualifications for licensure as a licensed practical nurse,
    45  whichever shall occur first.
    46    3. Any person practicing as a registered nurse or  licensed  practical
    47  nurse in New York state pursuant to this section shall be subject to the
    48  personal and subject matter jurisdiction and disciplinary and regulatory
    49  authority  of  the  board  of regents as if [he or she] such person is a
    50  licensee and as if the temporary authorization pursuant to this  section
    51  is  a  license.   Such person shall comply with applicable provisions of
    52  this title and the rules of the board of  regents  relating  to  profes-
    53  sional  practice,  professional misconduct, disciplinary proceedings and
    54  penalties for professional misconduct. Failure to adhere to the  notifi-
    55  cation  provisions  of this section may be considered unauthorized prac-
    56  tice pursuant to section sixty-five hundred twelve of this title.
        S. 9761                             3

     1    4. Persons eligible for the temporary authorization pursuant  to  this
     2  section  shall  file  an application for licensure and pay the temporary
     3  authorization fee and the professional licensure fee to  the  department
     4  within  thirty  days of submitting the written notification of temporary
     5  authorization to the department, [provide the required written notifica-
     6  tion,  and  pay a fee to the department within thirty days of the effec-
     7  tive date of this section,] and shall not be authorized  to  temporarily
     8  practice  until [the] such person's name appears on the lists of persons
     9  authorized  to  temporarily  practice  published  on  the   department's
    10  website.
    11    §  2. Paragraph (b) of subdivision 10 of section 6526 of the education
    12  law, as amended by chapter 136 of the laws of 2023, is amended  to  read
    13  as follows:
    14    (b)  (i)  A  person  who is currently licensed and in good standing in
    15  another state or territory to practice as a physician [and practicing in
    16  New York state on May twenty-second, two thousand twenty-three  pursuant
    17  to  the state disaster emergency declared by executive order four of two
    18  thousand twenty-one] may be temporarily authorized to practice  medicine
    19  in  the  state  of  New  York  under the supervision of a New York state
    20  licensed and registered physician, [provided such person: (1)  filed  an
    21  application  for  licensure  with  the  department  pursuant  to section
    22  sixty-five hundred twenty-four of this article that is] pending a deter-
    23  mination[; (2)] on licensure for which an  application  has  been  filed
    24  pursuant  to  section  sixty-five  hundred  twenty-four of this article,
    25  provided such applicant: (1) has obtained the endorsement of an  employ-
    26  ing  health  care facility, health care program, or health care practice
    27  that is authorized by New York state law to provide medical services and
    28  acceptable to the department;  [(3)]  (2)  has  graduated  from  a  duly
    29  accredited  school  of  medicine located in the United States or Canada;
    30  and [(4)] (3) is currently board certified by a physician  certification
    31  board acceptable to the department.
    32    (ii)  Prior  to  commencing [temporarily authorized] practice: (1) the
    33  [person shall file an application  for  licensure  with  the  department
    34  pursuant  to section sixty-five hundred twenty-four of this article; (2)
    35  the person] applicant and supervising physician  shall  jointly  provide
    36  written  notification to the department, in a form and format acceptable
    37  to the department, that such [person] applicant intends to  practice  in
    38  the  state  of New York pursuant to this paragraph; [(3) the person] (2)
    39  the applicant shall pay a temporary authorization fee and an  applicable
    40  professional  licensure fee to be determined by the department; and [(4)
    41  the person's] (3) the applicant's name must appear on a list of  persons
    42  authorized  to  temporarily  practice  medicine published on the depart-
    43  ment's website. Such temporary authorization shall expire in one hundred
    44  eighty days or ten days after notification that the  [person]  applicant
    45  does 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  and
    48  pay  the  temporary authorization fee and the professional licensure fee
    49  to the department within thirty days of submitting the written notifica-
    50  tion of temporary authorization to the department, [provide the required
    51  written notification, and pay a fee to the department within thirty days
    52  of the effective date of the chapter of the laws of two  thousand  twen-
    53  ty-three  that amended this subdivision,] and shall not be authorized to
    54  temporarily practice until [the] such person's name appears on the lists
    55  of persons authorized to temporarily practice published on  the  depart-
    56  ment's website.
        S. 9761                             4

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