S T A T E O F N E W Y O R K
________________________________________________________________________
7213
2019-2020 Regular Sessions
I N A S S E M B L Y
April 12, 2019
___________
Introduced by M. of A. FAHY -- read once and referred 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
A. 7213 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.