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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6697B
SPONSOR: Fahy TITLE OF BILL:
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
PURPOSE:
To authorize certain out-of-state nurses and physicians who practiced in
New York pursuant to Executive Order 4 on May 22, 2023 to temporarily
practice in New York State pending a determination on licensure.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new § 6907-a to the Education Law to allow certain
registered nurses who are currently licensed and in good standing in
another state or territory and practicing in NY on May 22, 2023 pursuant
to E.O. 4 to be temporarily authorized to practice in NY, provided that
prior to commencing such temporary practice: (i) the person has filed an
application for licensure with the State Education Department (SED),
(ii) the person and an authorized representative of his or her employing
facility have provided written notification to SED that such person
intends to practice in NY, (iii) the person has paid a fee to SED, and
(iv) the person's name is on a list of persons authorized to temporarily
practice published on the department's website. A person who wants to
temporarily practice in NY must complete (i)(iii) within 30 days of the
effective date of this section and cannot temporarily practice until
they have done so. Such temporary authorization shall expire in 180
days, or 10 days after notification that the person does not meet the
qualifications for licensure as a registered nurse, whichever shall
occur first.
Paragraph 2 of § 6907-a provides for the temporary authorization to
practice as a licensed practical nurse with the same conditions as
described above.
Paragraph 3 of § 6907-a provides that any person practicing as a regis-
tered nurse or licensed practical nurse in New York State shall be
subject to the personal and subject matter jurisdiction and disciplinary
and regulatory authority of the board of regents as if the individual is
a licensee.
Section 2: Adds a new 10(b) to § 6526 the Education Law to allow certain
physicians who are currently licensed and in good standing in another
state or territory and practicing in NYS on may 22, 2023 pursuant to
E.O. 4 to be temporarily authorized to practice in NY, provided that
prior to commencing such authorized practice: (i) the person has filed
an application for licensure with SED, (ii) the person and supervising
physician have provided written notification to SED that such person
intends to practice in NY, (iii) the person has paid a fee to SED, and
(iv) the person's name is on a list of persons authorized to temporarily
practice published on the department's website. A person who wants to
temporarily practice in NY must complete (i)- (iii) within 30 days of
the effective date of this chapter and cannot temporarily practice until
they have done so. Such temporary authorization shall expire in 180
days, or 10 days after notification that the person does not meet the
qualifications for licensure as a physician, whichever shall occur
first.
Further, Education Law § 6526(10)(c) provides that failure to adhere to
the notification provisions of § 6526(10)(b) may be considered unauthor-
ized practice under Title 8 of Education Law.
Section 3: Sets the effective date.
JUSTIFICATION:
Maintaining a robust and stable healthcare workforce is the cornerstone
of providing quality care to all New Yorkers. Unfortunately, healthcare
workforce challenges that have long existed were exacerbated and accel-
erated by the pandemic. With Executive Order 4 set to expire, hospitals,
continuing care, and other healthcare providers in New York are increas-
ingly desperate for staffing solutions to keep pace with the healthcare
demands of their communities. This proposal would allow certain health-
care workers who provided services in the state under E.O. 4 on May 22,
2023 to apply to SED for temporary authorization to practice pending a
determination on licensure for which an application has been filed.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
No fiscal implications.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed one year after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
6697--B
2023-2024 Regular Sessions
IN ASSEMBLY
May 2, 2023
___________
Introduced by M. of A. FAHY, PAULIN, McDONALD, LUPARDO, PEOPLES-STOKES,
LUNSFORD, CLARK, JENSEN, CUNNINGHAM, SEAWRIGHT, ROZIC, STIRPE, WOER-
NER, DeSTEFANO, MIKULIN, ANGELINO -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
reported and referred to the Committee on Ways and Means -- reported
and referred to the Committee on Rules -- Rules Committee discharged,
bill amended, ordered reprinted as amended and recommitted to the
Committee on Rules
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) 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 be
8 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, that is author-
15 ized by New York state law to provide professional nursing services and
16 acceptable to the department.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11119-11-3
A. 6697--B 2
1 (b) Prior to commencing such temporarily authorized practice: (i) the
2 person shall file an application for licensure with the department
3 pursuant to section sixty-nine hundred five of this article; (ii) the
4 person and an authorized representative of the employing facility shall
5 jointly provide written notification to the department, in a form and
6 format acceptable to the department, that such person intends to prac-
7 tice in the state of New York pursuant to this subdivision; (iii) the
8 person shall pay a fee determined by the department; and (iv) the
9 person's name must appear on a list of persons authorized to temporarily
10 practice registered professional nursing published on the department's
11 website. Such temporary authorization shall expire in one hundred eighty
12 days, or ten days after notification that the person does not meet the
13 qualifications for licensure as a registered nurse, whichever shall
14 occur first.
15 2. (a) A person who is currently licensed and in good standing in
16 another state or territory of the United States to practice as a
17 licensed practical nurse and practicing in New York state on May twen-
18 ty-second, two thousand twenty-three pursuant to the state disaster
19 emergency declared by executive order four of two thousand twenty-one
20 may be temporarily authorized to practice licensed practical nursing in
21 the state of New York, provided such person has: (i) filed an applica-
22 tion for licensure with the department pursuant to section sixty-nine
23 hundred six of this article that is pending a determination; and (ii)
24 obtained the endorsement of the health care facility, health care
25 program or health care practice by which he or she was employed pursuant
26 to executive order four of two thousand twenty-one, that is authorized
27 by New York state law to provide professional nursing services.
28 (b) Prior to commencing such temporarily authorized practice: (i) the
29 person shall file an application for licensure with the department
30 pursuant to section sixty-nine hundred six of this article; (ii) the
31 person and an authorized representative of the employing facility shall
32 jointly provide written notification to the department, in a form and
33 format acceptable to the department, that such person intends to prac-
34 tice in the state of New York pursuant to this subdivision; (iii) the
35 person shall pay a fee determined by the department; and (iv) the
36 person's name must appear on a list of persons authorized to temporarily
37 practice licensed practical nursing published on the department's
38 website. Such temporary authorization shall expire in one hundred eighty
39 days, or ten days after notification that the person does not meet the
40 qualifications for licensure as a licensed practical nurse, whichever
41 shall occur first.
42 3. Any person practicing as a registered nurse or licensed practical
43 nurse in New York state pursuant to this section shall be subject to the
44 personal and subject matter jurisdiction and disciplinary and regulatory
45 authority of the board of regents as if he or she is a licensee and as
46 if the temporary authorization pursuant to this section is a license.
47 Such person shall comply with applicable provisions of this title and
48 the rules of the board of regents relating to professional practice,
49 professional misconduct, disciplinary proceedings and penalties for
50 professional misconduct. Failure to adhere to the notification
51 provisions of this section may be considered unauthorized practice
52 pursuant to section sixty-five hundred twelve of this title.
53 4. Persons eligible for the temporary authorization pursuant to this
54 section shall file an application for licensure, provide the required
55 written notification, and pay a fee to the department within thirty days
56 of the effective date of this section, and shall not be authorized to
A. 6697--B 3
1 temporarily practice until the person's name appears on the lists of
2 persons authorized to temporarily practice published on the department's
3 website.
4 § 2. Subdivision 10 of section 6526 of the education law, as amended
5 by chapter 199 of the laws of 2019, is amended to read as follows:
6 10. (a) Any physician who is licensed and in good standing in another
7 state or territory, and who has a written agreement to provide medical
8 services to athletes and team personnel of a United States sports team
9 recognized by the United States Olympic committee or an out-of-state
10 secondary school, institution of postsecondary education, or profes-
11 sional athletic organization sports team, may provide medical services
12 to such athletes and team personnel at a discrete sanctioned team sport-
13 ing event in this state as defined by the commissioner in regulations,
14 provided such services are provided only to such athletes and team
15 personnel at the discrete sanctioned team sporting event. Any such
16 medical services shall be provided only five days before through three
17 days after each discrete sanctioned team sporting event.
18 (b) (i) A person who is currently licensed and in good standing in
19 another state or territory to practice as a physician and practicing in
20 New York state on May twenty-second, two thousand twenty-three pursuant
21 to the state disaster emergency declared by executive order four of two
22 thousand twenty-one may be temporarily authorized to practice medicine
23 in the state of New York under the supervision of a New York state
24 licensed and registered physician, provided such person: (1) filed an
25 application for licensure with the department pursuant to section
26 sixty-five hundred twenty-four of this article that is pending a deter-
27 mination; (2) has obtained the endorsement of an employing health care
28 facility, health care program, or health care practice that is author-
29 ized by New York state law to provide medical services and acceptable to
30 the department; (3) has graduated from a duly accredited school of medi-
31 cine located in the United States or Canada; and (4) is currently board
32 certified by a physician certification board acceptable to the depart-
33 ment.
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 and supervising physician shall jointly provide written
38 notification to the department, in a form and format acceptable to the
39 department, that such person intends to practice in the state of New
40 York pursuant to this paragraph; (3) the person shall pay a fee deter-
41 mined by the department; and (4) the person's name must appear on a list
42 of persons authorized to temporarily practice medicine published on the
43 department's website. Such temporary authorization shall expire in one
44 hundred eighty days or ten days after notification that the person does
45 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,
48 provide the required written notification, and pay a fee to the depart-
49 ment within thirty days of the effective date of the chapter of the laws
50 of two thousand twenty-three that amended this subdivision, and shall
51 not be authorized to temporarily practice until the person's name
52 appears on the lists of persons authorized to temporarily practice
53 published on the department's website.
54 (c) Any person practicing as a physician in New York state pursuant to
55 this subdivision shall be subject to the personal and subject matter
56 jurisdiction and disciplinary and regulatory authority of the board of
A. 6697--B 4
1 regents and the state board for professional medical conduct established
2 pursuant to section two hundred thirty of the public health law as if he
3 or she is a licensee and as if the exemption pursuant to this subdivi-
4 sion is a license. Such individual shall comply with applicable
5 provisions of this title, the public health law, the rules of the board
6 of regents, the state board for professional medical conduct established
7 pursuant to section two hundred thirty of the public health law, and the
8 regulations of the commissioner and the commissioner of health, relating
9 to professional misconduct, disciplinary proceedings and penalties for
10 professional misconduct. Failure to adhere to the notification
11 provisions of paragraph (b) of this subdivision may be considered unau-
12 thorized practice pursuant to section sixty-five hundred twelve of this
13 title.
14 § 3. This act shall take effect immediately and shall expire and be
15 deemed repealed one year after it shall have become a law.
