NY State Senate Bill 2023-S9761

Senate Bill S9761

2023-2024 Legislative Session

Relates to temporary authorizations for practice as a registered nurse, licensed practical nurse, or physician

download bill text pdf

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 29, 2024	referred to higher education

2023-S9761 (ACTIVE) - Details

See Assembly Version of this Bill:: A10096
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§6907-a & 6526, Ed L; amd §3, Chap 136 of 2023

2023-S9761 (ACTIVE) - Summary

Relates to temporary authorizations for practice as a registered nurse, licensed practical nurse, or physician; extends the effectiveness of certain provisions relating thereto.

2023-S9761 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9761

SPONSOR: STAVISKY
 
TITLE OF BILL:

An act to amend the education law, in relation to temporary authori-
zations for practice as a registered nurse, licensed practical nurse, or
physician; to amend chapter 136 of the laws of 2023 amending the educa-
tion law relating to temporarily authorizing certain applicants for
licensure as a nurse or physician to practice, in relation to the effec-
tiveness thereof; and providing for the repeal of such provisions upon
expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill amends chapter 136 of the laws of 2023 to make it more effec-
tive at facilitating temporary practice authorization for RNs, LPNs, and
physicians who are awaiting a determination on their application to
obtain a license to practice in New York State.

 
SUMMARY OF PROVISIONS:

Sections 1: amends section 6907-a of the education law to permit tempo-
rary authorization to practice for RNs and LPNs.

Section 2: amends section 6526 of the education law to permit temporary
authorization to practice for.physicians.

Section 3: removes the expiration under section 3 of chapter 136 of the
laws of 2023 amending the education law.

Section 4: sets forth the effective date.

 
JUSTIFICATION:

Chapter 136 of the laws of 2023 was an important step for New York to
attract physicians and nurses from others states by providing a pathway
for them to practice under temporary authorization pending the approval
of their licensure application. However, the qualifications for obtain-
ing temporary authorization under this chapter were written too narrow-
ly, hampering the effectiveness of the law. This legislation makes
changes to the qualifications for temporary authorization to ensure that
it is accessible to all duly qualified RNs, LPNs, and physicians regard-
less of whether they were practicing in New York under Executive Order 4
of 2021.

This legislation also removes the one-year expiration, providing perma-
nent statutory authority for temporary authorization. This will enable
New York State to attract more qualified practitioners, who may current-
ly be disincentivized to come to the state due to long wait times for
licensure applications. In light of persistent healthcare workforce
shortages, attracting out-of-state nurses and doctors is important to
bolster New York's workforce and ensure all New Yorkers have access to
the care they need.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9761 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9761
 
                             I N  S E N A T E
 
                               May 29, 2024
                                ___________
 
 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  temporary  authori-
   zations  for practice as a registered nurse, licensed practical nurse,
   or physician; to amend chapter 136 of the laws of  2023  amending  the
   education  law  relating to temporarily authorizing certain applicants
   for licensure as a nurse or physician to practice, in relation to  the
   effectiveness thereof; and providing for the repeal of such provisions
   upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6907-a of the education law, as  added  by  chapter
 136 of the laws of 2023, is amended 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,]  ON  LICENSURE
 FOR  WHICH  AN APPLICATION HAS BEEN FILED PURSUANT TO SECTION SIXTY-NINE
 HUNDRED FIVE OF THIS ARTICLE, PROVIDED SUCH APPLICANT HAS  OBTAINED  THE
 ENDORSEMENT  OF  AN EMPLOYING HEALTH CARE FACILITY, HEALTH CARE PROGRAM,
 OR HEALTH CARE PRACTICE that is authorized 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] APPLICANT and an authorized  representative  of  the  employing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15329-03-4
 S. 9761                             2
 
 facility  shall  jointly provide written notification to the department,
 in a form and format acceptable to the department,  that  such  [person]
 APPLICANT  intends to practice in the state of New York pursuant to this
 subdivision;  [(iii)]  (II) the [person] APPLICANT shall pay a TEMPORARY
 AUTHORIZATION fee AND AN APPLICABLE PROFESSIONAL  LICENSURE  FEE  TO  BE
 determined  by  the  department;  and [(iv)] (III) the [person's] APPLI-
 CANT'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]  APPLICANT  does
 not  meet the qualifications for licensure as a registered nurse, which-
 ever 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,]  ON  LICENSURE  FOR
 WHICH  AN  APPLICATION  HAS  BEEN  FILED  PURSUANT TO SECTION SIXTY-NINE
 HUNDRED SIX OF THIS ARTICLE, PROVIDED SUCH APPLICANT  HAS  OBTAINED  THE
 ENDORSEMENT OF AN EMPLOYING HEALTH CARE FACILITY, HEALTH CARE PROGRAM OR
 HEALTH CARE PRACTICE 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] APPLICANT 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]
 APPLICANT  intends to practice in the state of New York pursuant to this
 subdivision; [(iii)] (II) the [person] APPLICANT shall pay  a  TEMPORARY
 AUTHORIZATION  fee  AND  AN  APPLICABLE PROFESSIONAL LICENSURE FEE TO BE
 determined by the department; and [(iv)]  (III)  the  [person's]  APPLI-
 CANT'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] APPLICANT 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] SUCH PERSON 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  profes-
 sional  practice,  professional misconduct, disciplinary proceedings and
 penalties for professional misconduct. Failure to adhere to the  notifi-
 cation  provisions  of this section may be considered unauthorized prac-
 tice pursuant to section sixty-five hundred twelve of this title.
 S. 9761                             3
 
   4. Persons eligible for the temporary authorization pursuant  to  this
 section  shall  file  an application for licensure AND PAY THE TEMPORARY
 AUTHORIZATION FEE AND THE PROFESSIONAL LICENSURE FEE TO  THE  DEPARTMENT
 WITHIN  THIRTY  DAYS OF SUBMITTING THE WRITTEN NOTIFICATION OF TEMPORARY
 AUTHORIZATION TO THE DEPARTMENT, [provide the required written notifica-
 tion,  and  pay a fee to the department within thirty days of the effec-
 tive date of this section,] and shall not be authorized  to  temporarily
 practice  until [the] SUCH person's name appears on the lists of persons
 authorized  to  temporarily  practice  published  on  the   department's
 website.
   §  2. Paragraph (b) of subdivision 10 of section 6526 of the education
 law, as amended by chapter 136 of the laws of 2023, is amended  to  read
 as follows:
   (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)] ON LICENSURE FOR WHICH AN  APPLICATION  HAS  BEEN  FILED
 PURSUANT  TO  SECTION  SIXTY-FIVE  HUNDRED  TWENTY-FOUR OF THIS ARTICLE,
 PROVIDED SUCH APPLICANT: (1) has obtained the endorsement of an  employ-
 ing  health  care facility, health care program, or health care practice
 that is authorized by New York state law to provide medical services and
 acceptable to the department;  [(3)]  (2)  has  graduated  from  a  duly
 accredited  school  of  medicine located in the United States or Canada;
 and [(4)] (3) is currently board certified by a physician  certification
 board acceptable to the department.
   (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] APPLICANT and supervising physician  shall  jointly  provide
 written  notification to the department, in a form and format acceptable
 to the department, that such [person] APPLICANT intends to  practice  in
 the  state  of New York pursuant to this paragraph; [(3) the person] (2)
 THE APPLICANT shall pay a TEMPORARY AUTHORIZATION FEE AND AN  APPLICABLE
 PROFESSIONAL  LICENSURE fee TO BE determined by the department; and [(4)
 the person's] (3) THE APPLICANT'S name must appear on a list of  persons
 authorized  to  temporarily  practice  medicine published on the depart-
 ment's website. Such temporary authorization shall expire in one hundred
 eighty days or ten days after notification that the  [person]  APPLICANT
 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  AND
 PAY  THE  TEMPORARY AUTHORIZATION FEE AND THE PROFESSIONAL LICENSURE FEE
 TO THE DEPARTMENT WITHIN THIRTY DAYS OF SUBMITTING THE WRITTEN NOTIFICA-
 TION OF TEMPORARY AUTHORIZATION TO THE DEPARTMENT, [provide the required
 written notification, and pay a fee to the department within thirty days
 of the effective date of the chapter of the laws of two  thousand  twen-
 ty-three  that amended this subdivision,] and shall not be authorized to
 temporarily practice until [the] SUCH person's name appears on the lists
 of persons authorized to temporarily practice published on  the  depart-
 ment's website.
 S. 9761                             4
 
   §  3. Section 3 of chapter 136 of the laws of 2023 amending the educa-
 tion law relating to  temporarily  authorizing  certain  applicants  for
 licensure  as  a  nurse  or physician to practice, is amended to read as
 follows:
   §  3.  This act shall take effect immediately [and shall expire and be
 deemed repealed one year after it shall have become a law].
   § 4. This act shall take effect immediately; and shall expire  and  be
 deemed  repealed  on  the  one hundred eightieth day after it shall have
 become a law.

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