S T A T E O F N E W Y O R K
________________________________________________________________________
7910
2019-2020 Regular Sessions
I N A S S E M B L Y
May 28, 2019
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Introduced by M. of A. REYES -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to licensure by endorse-
ment of certain registered professional nurses and licensed practical
nurses
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 6912
to read as follows:
§ 6912. LICENSURE BY ENDORSEMENT; CERTAIN JURISDICTIONS. 1. NOTWITH-
STANDING ANY LAW TO THE CONTRARY, THE DEPARTMENT SHALL ISSUE THE APPRO-
PRIATE LICENSE, EITHER A LICENSE AS A REGISTERED PROFESSIONAL NURSE OR A
LICENSE AS A LICENSED PRACTICAL NURSE, BY ENDORSEMENT TO PRACTICE
PROFESSIONAL OR PRACTICAL NURSING TO AN APPLICANT WHO, UPON APPLYING TO
THE DEPARTMENT AND REMITTING A FEE SET BY THE DEPARTMENT NOT TO EXCEED
ONE HUNDRED DOLLARS, DEMONSTRATES TO THE DEPARTMENT THAT HE OR SHE:
(A) HOLDS A VALID LICENSE TO PRACTICE PROFESSIONAL OR PRACTICAL NURS-
ING IN PUERTO RICO, PROVIDED THAT, WHEN THE APPLICANT SECURED HIS OR HER
ORIGINAL LICENSE, THE REQUIREMENTS FOR LICENSURE WERE SUBSTANTIALLY
EQUIVALENT TO OR MORE STRINGENT THAN THOSE EXISTING IN NEW YORK AT SUCH
TIME AS DETERMINED BY THE DEPARTMENT; AND
(B) HAS ACTIVELY PRACTICED NURSING IN PUERTO RICO FOR TWO OF THE
PRECEDING THREE YEARS WITHOUT HAVING HIS OR HER LICENSE ACTED AGAINST BY
THE LICENSING AUTHORITY OF ANY JURISDICTION. APPLICANTS WHO BECOME
LICENSED PURSUANT TO THIS PARAGRAPH MUST COMPLETE WITHIN SIX MONTHS
AFTER LICENSURE A NEW YORK LAWS AND RULES COURSE THAT IS APPROVED BY THE
DEPARTMENT. ONCE THE DEPARTMENT HAS RECEIVED THE RESULTS OF A NATIONAL
CRIMINAL HISTORY CHECK AND HAS DETERMINED THAT THE APPLICANT HAS NO
CRIMINAL HISTORY, THE APPROPRIATE LICENSE BY ENDORSEMENT SHALL BE ISSUED
TO SUCH APPLICANT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11624-01-9
A. 7910 2
2. THE APPLICANT SHALL SUBMIT TO THE DEPARTMENT A SET OF FINGERPRINTS
ON A FORM AND UNDER PROCEDURES SPECIFIED BY THE DEPARTMENT, ALONG WITH A
PAYMENT IN AN AMOUNT EQUAL TO THE COSTS INCURRED BY THE DEPARTMENT FOR
THE CRIMINAL BACKGROUND CHECK OF THE APPLICANT. THE DEPARTMENT SHALL
SUBMIT THE FINGERPRINTS PROVIDED BY THE APPLICANT TO THE DIVISION OF
STATE POLICE FOR A STATEWIDE CRIMINAL HISTORY CHECK, AND THE DIVISION OF
STATE POLICE SHALL FORWARD THE FINGERPRINTS TO THE FEDERAL BUREAU OF
INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY CHECK OF THE APPLICANT.
THE DEPARTMENT SHALL REVIEW THE RESULTS OF THE CRIMINAL HISTORY CHECK,
ISSUE A LICENSE TO AN APPLICANT WHO HAS MET ALL OF THE OTHER REQUIRE-
MENTS FOR LICENSURE AND HAS NO CRIMINAL HISTORY, AND SHALL REFER ALL
APPLICANTS WITH CRIMINAL HISTORIES BACK TO THE BOARD FOR DETERMINATION
AS TO WHETHER A LICENSE SHOULD BE ISSUED AND UNDER WHAT CONDITIONS.
3. THE DEPARTMENT SHALL NOT ISSUE A LICENSE BY ENDORSEMENT TO ANY
APPLICANT WHO IS UNDER INVESTIGATION IN ANOTHER STATE, JURISDICTION, OR
TERRITORY OF THE UNITED STATES FOR AN ACT WHICH WOULD CONSTITUTE A
VIOLATION OF THIS CHAPTER UNTIL SUCH TIME AS SUCH INVESTIGATION IS
COMPLETE, AT WHICH TIME THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY-
ONE-A OF THIS CHAPTER SHALL APPLY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.