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.