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.
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.
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.