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A09543 Summary:

BILL NOA09543
 
SAME ASSAME AS S08619
 
SPONSOREachus
 
COSPNSR
 
MLTSPNSR
 
Add 6907-b, Ed L
 
Provides for temporary authorization of certain registered nurses and licensed practical nurses to practice at children's camps between June fifteenth and September fifteenth of each year.
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A09543 Actions:

BILL NOA09543
 
03/20/2024referred to higher education
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A09543 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9543
 
SPONSOR: Eachus
  TITLE OF BILL: An act to amend the education law, in relation to providing for tempo- rary authorization of certain nurses to practice at children's camps   PURPOSE OR GENERAL IDEA OF BILL: To authorize registered and licensed practical nurses that are in good- standing in other states but not licensed or registered in New York State to temporarily practice in New York State if they are employed by a summer camp.   SUMMARY OF PROVISIONS: Section 1: Amends the education law by adding anew section 6907-b that allows for registered nurses and licensed practice nurses who are in good standing in another state, have applied for full licensure in New York State, and will be employed by a summer day camp, children's over- night camp or travelling day camp to receive temporary authorization to practice in New York State. Such authorization is only valid between June 15th and September 15th. The nurse must have submitted an applica- tion for licensure/registration, submit documentation of their employ- ment at the camp, and pay a fee as determined by the Department of Education. The nurse will be subject to the same jurisdiction, discipli- nary and regulatory authority of the board of regents as if they were practicing under a license/registration issued by the Department. Section 2: Effective date.   JUSTIFICATION: Children's summer day camps, overnight camps and travelling day camps are required to employ a medical professional, such as a physician, nurse or nurse, practitioner, to serve as health director of the camp. Camps have struggled to hire and retain qualified nurses for years, especially since the COVID-19 epidemic. It is difficult for these camps to find nurses who can work a full-time job for only 8 weeks out of the year during the Summer. Therefore, many camps rely on out-of-state nurs- es to fill these temporary positions. Unfortunately, the application process and approval process is long and tedious and often takes many months for the granting of a registration or license to practice in New York. During the COVID-19 pandemic, pursuant to an Executive order, out-of-state nurses and other health professionals were authorized to practice in NYS if they were licensed and in good standing in another state if they lack a license to practice in New York State. This Executive Order expired in 2023 and is no longer in effect. Additionally, legislation was chaptered in 2023 that author- ized licensed physicians and nurses who were practicing under the Execu- tive Order to continue to practice in NYS without a license if they are employed by a healthcare facility and have not yet received their license to practice in NYS. While the State Education Department has instituted an "expedited" license application process for out-of-state nurses that wish to prac- tice in NYS, that process still takes several months from the time the application and supporting documentation is submitted. This bill will help alleviate the nurse shortage by allowing these out- of-state nurses, who are in good standing, to work temporarily at DOH regulated summer camps. Just as healthcare facilities have been given greater flexibility to hire and retain healthcare professionals, summer camps should also be given such flexibility to hire these qualified temporary out-of-state nurses.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Minimal, as the fee assessed for the temporary application should offset any minimal costs incurred by the State in issuing the temporary licenses.   EFFECTIVE DATE: This bill shall take effect on the 60th day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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A09543 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9543
 
                   IN ASSEMBLY
 
                                     March 20, 2024
                                       ___________
 
        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Higher Education
 
        AN  ACT  to amend the education law, in relation to providing for tempo-
          rary authorization of certain nurses to practice at children's camps
 
          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-b
     2  to read as follows:
     3    § 6907-b. Temporary authorization for practice at children's camps. 1.
     4  (a)  A  person who is currently licensed and in good standing in another
     5  state or territory to practice as a  registered  nurse  may  temporarily
     6  practice in this state provided that such person:
     7    (i)  will be employed at a summer day camp, children's overnight camp,
     8  or travelling summer day camp as defined  in  section  thirteen  hundred
     9  ninety-two of the public health law and has submitted documentation from
    10  such children's camp; and
    11    (ii)  filed  an application for licensure with the department pursuant
    12  to section sixty-nine hundred five of this article  that  is  pending  a
    13  determination.
    14    (b) Prior to commencing such temporarily authorized practice:
    15    (i)  the  person  shall  file  an  application  for licensure with the
    16  department pursuant to section sixty-nine hundred five of this article;
    17    (ii) the person and an authorized  representative  of  such  employing
    18  summer  day  camp,  children's  overnight camp, or travelling summer day
    19  camp shall jointly provide written notification to the department, in  a
    20  form  and  format acceptable to the department, that such person intends
    21  to practice in this state pursuant to this subdivision;
    22    (iii) the person shall pay a fee determined by the department; and
    23    (iv) the person's name shall appear on a list of persons authorized to
    24  temporarily practice registered professional nursing  published  on  the
    25  department's website.
    26    (c)  Such temporary authorization is only valid between June fifteenth
    27  and September fifteenth and shall expire on September fifteenth of  each
    28  year.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14598-01-4

        A. 9543                             2
 
     1    2.  (a)  A  person  who  is currently licensed and in good standing in
     2  another state or territory  of  the  United  States  to  practice  as  a
     3  licensed  practical  nurse  may  be  temporarily  authorized to practice
     4  licensed practical nursing in this state, provided such person:
     5    (i)  will be employed at a summer day camp, children's overnight camp,
     6  or travelling summer day camp as defined  in  section  thirteen  hundred
     7  ninety-two of the public health law and has submitted documentation from
     8  such children's camp; and
     9    (ii)  filed  an application for licensure with the department pursuant
    10  to section sixty-nine hundred six of this  article  that  is  pending  a
    11  determination.
    12    (b) Prior to commencing such temporarily authorized practice:
    13    (i)  the  person  shall  file  an  application  for licensure with the
    14  department pursuant to section sixty-nine hundred six of this article;
    15    (ii) the person and an authorized  representative  of  such  employing
    16  summer  day  camp,  children's  overnight camp, or travelling summer day
    17  camp shall jointly provide written notification to the department, in  a
    18  form  and  format acceptable to the department, that such person intends
    19  to practice in this state pursuant to this subdivision;
    20    (iii) the person shall pay a fee determined by the department; and
    21    (iv) the person's name shall appear on a list of persons authorized to
    22  temporarily practice licensed practical nursing published on the depart-
    23  ment's website.
    24    (c) Such temporary authorization is only valid between June  fifteenth
    25  and  September fifteenth and shall expire on September fifteenth of each
    26  year.
    27    3. Any person practicing as a registered nurse or  licensed  practical
    28  nurse  in  this  state  pursuant to this section shall be subject to the
    29  personal and subject matter jurisdiction and disciplinary and regulatory
    30  authority of the board of regents as if he or she is a licensee  and  as
    31  if  the  temporary  authorization  pursuant to this section is a license
    32  under this article. Such person shall comply with applicable  provisions
    33  of  this title and the rules of the board of regents relating to profes-
    34  sional practice, professional misconduct, disciplinary  proceedings  and
    35  penalties  for professional misconduct. Failure to adhere to the notifi-
    36  cation provisions of this section may be considered  unauthorized  prac-
    37  tice pursuant to section sixty-five hundred twelve of this title.
    38    4.  No  persons  eligible  for the temporary authorization pursuant to
    39  this section shall be authorized to temporarily practice until they file
    40  an application for licensure, provide the required written notification,
    41  and pay a fee to the department, and the person's name  appears  on  the
    42  lists  of  persons  authorized  to temporarily practice published on the
    43  department's website.
    44    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    45  have become a law. Effective immediately, the addition, amendment and/or
    46  repeal  of  any  rule  or regulation necessary for the implementation of
    47  this act on its effective date are authorized to be made  and  completed
    48  on or before such effective date.
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