S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5093
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2019
                                ___________
 
 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  requiring  certain
   professionals to provide and the state education department to collect
   information about the practice of their professions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6502-a
 to read as follows:
   § 6502-A. RENEWAL OF PROFESSIONAL LICENSE, CERTIFICATION, OR REGISTRA-
 TION. 1.  THIS  SECTION  SHALL  APPLY  TO  THE  FOLLOWING  PROFESSIONALS
 LICENSED,  CERTIFIED,  OR  REGISTERED PURSUANT TO THIS TITLE:  PHYSICIAN
 ASSISTANTS  (ARTICLE  131-B);  SPECIALIST  ASSISTANTS  (ARTICLE  131-C);
 CHIROPRACTORS  (ARTICLE 132); DENTISTS, DENTAL HYGIENISTS, AND CERTIFIED
 DENTAL ASSISTANTS (ARTICLE 133); LICENSED PERFUSIONISTS  (ARTICLE  134);
 PHYSICAL THERAPISTS AND PHYSICAL THERAPY ASSISTANTS (ARTICLE 136); PHAR-
 MACISTS  (ARTICLE 137); REGISTERED PROFESSIONAL NURSES, LICENSED PRACTI-
 CAL NURSES, AND NURSE PRACTITIONERS  (ARTICLE  139);  MIDWIVES  (ARTICLE
 140);  PODIATRISTS (ARTICLE 141); OPTOMETRISTS (ARTICLE 143); OPHTHALMIC
 DISPENSERS (ARTICLE 144); PSYCHOLOGISTS (ARTICLE 153);  LICENSED  MASTER
 SOCIAL  WORKERS  AND  LICENSED  CLINICAL  SOCIAL  WORKERS (ARTICLE 154);
 MASSAGE THERAPISTS, MASSEURS, AND MASSEUSES (ARTICLE 155);  OCCUPATIONAL
 THERAPISTS  AND OCCUPATIONAL THERAPY ASSISTANTS (ARTICLE 156); CERTIFIED
 DIETITIANS AND CERTIFIED NUTRITIONISTS  (ARTICLE  157);  SPEECH-LANGUAGE
 PATHOLOGISTS  AND  AUDIOLOGISTS  (ARTICLE  159); LICENSED ACUPUNCTURISTS
 (ARTICLE 160);  CERTIFIED  ATHLETIC  TRAINERS  (ARTICLE  162);  LICENSED
 MENTAL  HEALTH  COUNSELORS,  LICENSED  MARRIAGE  AND  FAMILY THERAPISTS,
 LICENSED CREATIVE ARTS THERAPISTS, AND LICENSED PSYCHOANALYSTS  (ARTICLE
 163);  RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS (ARTI-
 CLE 164); CLINICAL LABORATORY TECHNOLOGISTS, CYTOTECHNOLOGISTS, CLINICAL
 LABORATORY TECHNICIANS,  AND  HISTOLOGICAL  TECHNICIANS  (ARTICLE  165);
 PROFESSIONAL   MEDICAL  PHYSICISTS  (ARTICLE  166);  CERTIFIED  BEHAVIOR
 ANALYST ASSISTANTS AND LICENSED BEHAVIOR  ANALYSTS  (ARTICLE  167);  AND
 LICENSED PATHOLOGISTS' ASSISTANTS (ARTICLE 168).
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10964-01-9

 S. 5093                             2
 
   2.  IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
 TION, THE PROFESSIONALS DESCRIBED IN SUBDIVISION  ONE  OF  THIS  SECTION
 SHALL  PROVIDE TO THE DEPARTMENT, AND THE DEPARTMENT SHALL COLLECT, SUCH
 INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT,  IN  CONSULTA-
 TION  WITH  THE  DEPARTMENT  OF  HEALTH,  AS  IS NECESSARY TO ENABLE THE
 DEPARTMENT OF HEALTH TO EVALUATE  ACCESS  TO  NEEDED  SERVICES  IN  THIS
 STATE,  INCLUDING,  BUT NOT LIMITED TO, THE LOCATION AND TYPE OF SETTING
 IN WHICH THE PROFESSIONAL PRACTICES AND OTHER  INFORMATION  THE  DEPART-
 MENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT. THE
 DEPARTMENT  OF  HEALTH,  IN CONSULTATION WITH THE DEPARTMENT, SHALL MAKE
 SUCH DATA AVAILABLE IN  AGGREGATE,  DE-IDENTIFIED  FORM  ON  A  PUBLICLY
 ACCESSIBLE WEBSITE.
   3.  THE  DATES BY WHICH THE PROFESSIONALS DESCRIBED IN SUBDIVISION ONE
 OF THIS SECTION MUST COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO  OF
 THIS  SECTION  SHALL  BE  DETERMINED BY THE COMMISSIONER AND MAY VARY BY
 PROFESSION, TO ALLOW THE DEVELOPMENT AND REFINEMENT OF NECESSARY PROGRAM
 FEATURES. HOWEVER, FULL IMPLEMENTATION OF SUCH REQUIREMENTS SHALL  OCCUR
 NO LATER THAN THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   §  2.  Paragraph (e) of subdivision 3 of section 6902 of the education
 law, as amended by section 2 of part D of chapter  56  of  the  laws  of
 2014, is amended to read as follows:
   (e)  [(i)  In  conjunction  with  and as a condition of each triennial
 registration, the department shall  collect  and  a  nurse  practitioner
 shall provide such information and documentation required by the depart-
 ment,  in  consultation  with  the department of health, as necessary to
 enable the department of health to evaluate access to needed services in
 this state, including but not  limited  to  the  location  and  type  of
 setting  wherein  the nurse practitioner practices; if the nurse practi-
 tioner has practiced for fewer than three thousand six hundred hours and
 is practicing pursuant to a written practice agreement with a physician;
 if the nurse practitioner practices pursuant to collaborative  relation-
 ships  with  a  physician or hospital; and other information the depart-
 ment, in consultation with the department of health, deems relevant. The
 department of health, in consultation with  the  department,  will  make
 such  data  available  in  aggregate,  de-identified  form on a publicly
 accessible website.
   (ii)] The commissioner,  in  consultation  with  the  commissioner  of
 health,  shall issue a report on the implementation of the provisions of
 this section, along with information that includes, but is  not  limited
 to:    the number of nurse practitioners practicing for fewer than three
 thousand six hundred hours that practice pursuant to a written  practice
 agreement with a physician; the number of nurse practitioners that prac-
 tice  pursuant  to  collaborative  relationships with physicians or with
 hospitals; and other information the department deems relevant,  includ-
 ing  but  not limited to, any recommendations for the continuation of or
 amendments to the provisions of this section relating to  written  prac-
 tice  agreements  or collaborative relationships. The commissioner shall
 submit this report to the governor, the speaker  of  the  assembly,  the
 temporary  president  of  the senate, and the chairs of the assembly and
 senate higher education committees  by  September  first,  two  thousand
 eighteen.
   §  3.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (e) of subdivision 3 of section 6902 of  the
 education law made by section two of this act shall not affect the expi-
 ration  or  repeal  of  such  subdivision  and shall expire or be deemed
 repealed therewith.