S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8224
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 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 A TERRITORY OF THE UNITED STATES PROVIDED THAT, WHEN  THE  APPLI-
 CANT 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 A TERRITORY OF THE UNITED STATES
 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.
                                                            LBD13185-01-9
              

 A. 8224                             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.