S T A T E O F N E W Y O R K
________________________________________________________________________
7492--B
2023-2024 Regular Sessions
I N S E N A T E
May 31, 2023
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
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:
Section 1. The education law is amended by adding a new section 6907-a
to read as follows:
§ 6907-A. TEMPORARY AUTHORIZATION. 1. (A) A PERSON WHO IS CURRENTLY
LICENSED AND IN GOOD STANDING IN ANOTHER STATE OR TERRITORY TO PRACTICE
AS A REGISTERED NURSE AND PRACTICING IN NEW YORK STATE ON MAY TWENTY-
SECOND, TWO THOUSAND TWENTY-THREE PURSUANT TO THE STATE DISASTER EMER-
GENCY DECLARED BY EXECUTIVE ORDER FOUR OF TWO THOUSAND TWENTY-ONE MAY BE
TEMPORARILY AUTHORIZED TO PRACTICE REGISTERED PROFESSIONAL NURSING IN
THE STATE OF NEW YORK, PROVIDED SUCH PERSON HAS: (I) FILED AN APPLICA-
TION FOR LICENSURE WITH THE DEPARTMENT PURSUANT TO SECTION SIXTY-NINE
HUNDRED FIVE OF THIS ARTICLE THAT IS PENDING A DETERMINATION; AND (II)
OBTAINED THE ENDORSEMENT OF THE HEALTH CARE FACILITY, HEALTH CARE
PROGRAM, OR HEALTH CARE PRACTICE BY WHICH HE OR SHE WAS EMPLOYED PURSU-
ANT TO EXECUTIVE ORDER FOUR OF TWO THOUSAND TWENTY-ONE, THAT IS AUTHOR-
IZED BY NEW YORK STATE LAW TO PROVIDE PROFESSIONAL NURSING SERVICES AND
ACCEPTABLE TO THE DEPARTMENT.
(B) PRIOR TO COMMENCING SUCH TEMPORARILY AUTHORIZED PRACTICE: (I) THE
PERSON SHALL FILE AN APPLICATION FOR LICENSURE WITH THE DEPARTMENT
PURSUANT TO SECTION SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE; (II) THE
PERSON AND AN AUTHORIZED REPRESENTATIVE OF THE EMPLOYING FACILITY SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11119-12-3
S. 7492--B 2
JOINTLY PROVIDE WRITTEN NOTIFICATION TO THE DEPARTMENT, IN A FORM AND
FORMAT ACCEPTABLE TO THE DEPARTMENT, THAT SUCH PERSON INTENDS TO PRAC-
TICE IN THE STATE OF NEW YORK PURSUANT TO THIS SUBDIVISION; (III) THE
PERSON SHALL PAY A FEE DETERMINED BY THE DEPARTMENT; AND (IV) THE
PERSON'S NAME MUST APPEAR ON A LIST OF PERSONS AUTHORIZED TO TEMPORARILY
PRACTICE REGISTERED PROFESSIONAL NURSING PUBLISHED ON THE DEPARTMENT'S
WEBSITE. SUCH TEMPORARY AUTHORIZATION SHALL EXPIRE IN ONE HUNDRED EIGHTY
DAYS, OR TEN DAYS AFTER NOTIFICATION THAT THE PERSON DOES NOT MEET THE
QUALIFICATIONS FOR LICENSURE AS A REGISTERED NURSE, WHICHEVER SHALL
OCCUR FIRST.
2. (A) A PERSON WHO IS CURRENTLY LICENSED AND IN GOOD STANDING IN
ANOTHER STATE OR TERRITORY OF THE UNITED STATES TO PRACTICE AS A
LICENSED PRACTICAL NURSE AND PRACTICING IN NEW YORK STATE ON MAY TWEN-
TY-SECOND, TWO THOUSAND TWENTY-THREE PURSUANT TO THE STATE DISASTER
EMERGENCY DECLARED BY EXECUTIVE ORDER FOUR OF TWO THOUSAND TWENTY-ONE
MAY BE TEMPORARILY AUTHORIZED TO PRACTICE LICENSED PRACTICAL NURSING IN
THE STATE OF NEW YORK, PROVIDED SUCH PERSON HAS: (I) FILED AN APPLICA-
TION FOR LICENSURE WITH THE DEPARTMENT PURSUANT TO SECTION SIXTY-NINE
HUNDRED SIX OF THIS ARTICLE THAT IS PENDING A DETERMINATION; AND (II)
OBTAINED THE ENDORSEMENT OF THE HEALTH CARE FACILITY, HEALTH CARE
PROGRAM OR HEALTH CARE PRACTICE BY WHICH HE OR SHE WAS EMPLOYED PURSUANT
TO EXECUTIVE ORDER FOUR OF TWO THOUSAND TWENTY-ONE, THAT IS AUTHORIZED
BY NEW YORK STATE LAW TO PROVIDE PROFESSIONAL NURSING SERVICES.
(B) PRIOR TO COMMENCING SUCH TEMPORARILY AUTHORIZED PRACTICE: (I) THE
PERSON SHALL FILE AN APPLICATION FOR LICENSURE WITH THE DEPARTMENT
PURSUANT TO SECTION SIXTY-NINE HUNDRED SIX OF THIS ARTICLE; (II) THE
PERSON AND AN AUTHORIZED REPRESENTATIVE OF THE EMPLOYING FACILITY SHALL
JOINTLY PROVIDE WRITTEN NOTIFICATION TO THE DEPARTMENT, IN A FORM AND
FORMAT ACCEPTABLE TO THE DEPARTMENT, THAT SUCH PERSON INTENDS TO PRAC-
TICE IN THE STATE OF NEW YORK PURSUANT TO THIS SUBDIVISION; (III) THE
PERSON SHALL PAY A FEE DETERMINED BY THE DEPARTMENT; AND (IV) THE
PERSON'S NAME MUST APPEAR ON A LIST OF PERSONS AUTHORIZED TO TEMPORARILY
PRACTICE LICENSED PRACTICAL NURSING PUBLISHED ON THE DEPARTMENT'S
WEBSITE. SUCH TEMPORARY AUTHORIZATION SHALL EXPIRE IN ONE HUNDRED EIGHTY
DAYS, OR TEN DAYS AFTER NOTIFICATION THAT THE PERSON DOES NOT MEET THE
QUALIFICATIONS FOR LICENSURE AS A LICENSED PRACTICAL NURSE, WHICHEVER
SHALL OCCUR FIRST.
3. ANY PERSON PRACTICING AS A REGISTERED NURSE OR LICENSED PRACTICAL
NURSE IN NEW YORK STATE PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE
PERSONAL AND SUBJECT MATTER JURISDICTION AND DISCIPLINARY AND REGULATORY
AUTHORITY OF THE BOARD OF REGENTS AS IF HE OR SHE IS A LICENSEE AND AS
IF THE TEMPORARY AUTHORIZATION PURSUANT TO THIS SECTION IS A LICENSE.
SUCH PERSON SHALL COMPLY WITH APPLICABLE PROVISIONS OF THIS TITLE AND
THE RULES OF THE BOARD OF REGENTS RELATING TO PROFESSIONAL PRACTICE,
PROFESSIONAL MISCONDUCT, DISCIPLINARY PROCEEDINGS AND PENALTIES FOR
PROFESSIONAL MISCONDUCT. FAILURE TO ADHERE TO THE NOTIFICATION
PROVISIONS OF THIS SECTION MAY BE CONSIDERED UNAUTHORIZED PRACTICE
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWELVE OF THIS TITLE.
4. PERSONS ELIGIBLE FOR THE TEMPORARY AUTHORIZATION PURSUANT TO THIS
SECTION SHALL FILE AN APPLICATION FOR LICENSURE, PROVIDE THE REQUIRED
WRITTEN NOTIFICATION, AND PAY A FEE TO THE DEPARTMENT WITHIN THIRTY DAYS
OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL NOT BE AUTHORIZED TO
TEMPORARILY PRACTICE UNTIL THE PERSON'S NAME APPEARS ON THE LISTS OF
PERSONS AUTHORIZED TO TEMPORARILY PRACTICE PUBLISHED ON THE DEPARTMENT'S
WEBSITE.
S. 7492--B 3
§ 2. Subdivision 10 of section 6526 of the education law, as amended
by chapter 199 of the laws of 2019, is amended to read as follows:
10. (a) Any physician who is licensed and in good standing in another
state or territory, and who has a written agreement to provide medical
services to athletes and team personnel of a United States sports team
recognized by the United States Olympic committee or an out-of-state
secondary school, institution of postsecondary education, or profes-
sional athletic organization sports team, may provide medical services
to such athletes and team personnel at a discrete sanctioned team sport-
ing event in this state as defined by the commissioner in regulations,
provided such services are provided only to such athletes and team
personnel at the discrete sanctioned team sporting event. Any such
medical services shall be provided only five days before through three
days after each discrete sanctioned team sporting event.
(b) (I) A PERSON WHO IS CURRENTLY LICENSED AND IN GOOD STANDING IN
ANOTHER STATE OR TERRITORY TO PRACTICE AS A PHYSICIAN AND PRACTICING IN
NEW YORK STATE ON MAY TWENTY-SECOND, TWO THOUSAND TWENTY-THREE PURSUANT
TO THE STATE DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER FOUR OF TWO
THOUSAND TWENTY-ONE MAY BE TEMPORARILY AUTHORIZED TO PRACTICE MEDICINE
IN THE STATE OF NEW YORK UNDER THE SUPERVISION OF A NEW YORK STATE
LICENSED AND REGISTERED PHYSICIAN, PROVIDED SUCH PERSON: (1) FILED AN
APPLICATION FOR LICENSURE WITH THE DEPARTMENT PURSUANT TO SECTION
SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE THAT IS PENDING A DETER-
MINATION; (2) HAS OBTAINED THE ENDORSEMENT OF AN EMPLOYING HEALTH CARE
FACILITY, HEALTH CARE PROGRAM, OR HEALTH CARE PRACTICE THAT IS AUTHOR-
IZED BY NEW YORK STATE LAW TO PROVIDE MEDICAL SERVICES AND ACCEPTABLE TO
THE DEPARTMENT; (3) HAS GRADUATED FROM A DULY ACCREDITED SCHOOL OF MEDI-
CINE LOCATED IN THE UNITED STATES OR CANADA; AND (4) IS CURRENTLY BOARD
CERTIFIED BY A PHYSICIAN CERTIFICATION BOARD ACCEPTABLE TO THE DEPART-
MENT.
(II) PRIOR TO COMMENCING TEMPORARILY AUTHORIZED PRACTICE: (1) THE
PERSON SHALL FILE AN APPLICATION FOR LICENSURE WITH THE DEPARTMENT
PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWENTY-FOUR OF THIS ARTICLE; (2)
THE PERSON AND SUPERVISING PHYSICIAN SHALL JOINTLY PROVIDE WRITTEN
NOTIFICATION TO THE DEPARTMENT, IN A FORM AND FORMAT ACCEPTABLE TO THE
DEPARTMENT, THAT SUCH PERSON INTENDS TO PRACTICE IN THE STATE OF NEW
YORK PURSUANT TO THIS PARAGRAPH; (3) THE PERSON SHALL PAY A FEE DETER-
MINED BY THE DEPARTMENT; AND (4) THE PERSON'S NAME MUST APPEAR ON A LIST
OF PERSONS AUTHORIZED TO TEMPORARILY PRACTICE MEDICINE PUBLISHED ON THE
DEPARTMENT'S WEBSITE. SUCH TEMPORARY AUTHORIZATION SHALL EXPIRE IN ONE
HUNDRED EIGHTY DAYS OR TEN DAYS AFTER NOTIFICATION THAT THE PERSON DOES
NOT MEET THE QUALIFICATIONS FOR LICENSURE AS A PHYSICIAN, WHICHEVER
SHALL OCCUR FIRST. PERSONS ELIGIBLE FOR THE TEMPORARY AUTHORIZATION
PURSUANT TO THIS PARAGRAPH SHALL FILE AN APPLICATION FOR LICENSURE,
PROVIDE THE REQUIRED WRITTEN NOTIFICATION, AND PAY A FEE TO THE DEPART-
MENT WITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF TWO THOUSAND TWENTY-THREE THAT AMENDED THIS SUBDIVISION, AND SHALL
NOT BE AUTHORIZED TO TEMPORARILY PRACTICE UNTIL THE PERSON'S NAME
APPEARS ON THE LISTS OF PERSONS AUTHORIZED TO TEMPORARILY PRACTICE
PUBLISHED ON THE DEPARTMENT'S WEBSITE.
(C) Any person practicing as a physician in New York state pursuant to
this subdivision shall be subject to the personal and subject matter
jurisdiction and disciplinary and regulatory authority of the board of
regents and the state board for professional medical conduct established
pursuant to section two hundred thirty of the public health law as if he
or she is a licensee and as if the exemption pursuant to this subdivi-
S. 7492--B 4
sion is a license. Such individual shall comply with applicable
provisions of this title, the public health law, the rules of the board
of regents, the state board for professional medical conduct established
pursuant to section two hundred thirty of the public health law, and the
regulations of the commissioner and the commissioner of health, relating
to professional misconduct, disciplinary proceedings and penalties for
professional misconduct. FAILURE TO ADHERE TO THE NOTIFICATION
PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION MAY BE CONSIDERED UNAU-
THORIZED PRACTICE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWELVE OF THIS
TITLE.
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed one year after it shall have become a law.