The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6697--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 2, 2023
                                ___________
 
 Introduced  by M. of A. FAHY, PAULIN, McDONALD, LUPARDO, PEOPLES-STOKES,
   LUNSFORD, CLARK, JENSEN -- read once and referred to the Committee  on
   Higher  Education  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the education law, in relation to temporarily  authoriz-
   ing  certain applicants for licensure as a nurse or physician to prac-
   tice; and providing for the repeal of such provisions upon the expira-
   tion thereof
 
   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 6907-a
 to read as follows:
   §  6907-A.  TEMPORARY  AUTHORIZATION.  1.  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 AS OF 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 REGISTERED PROFESSIONAL  NURS-
 ING  IN  THE  STATE OF NEW YORK PENDING A DETERMINATION 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 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, THAT IS AUTHORIZED  BY  NEW  YORK
 STATE LAW TO PROVIDE PROFESSIONAL NURSING SERVICES AND ACCEPTABLE TO THE
 DEPARTMENT.  PRIOR  TO  COMMENCING SUCH TEMPORARILY AUTHORIZED PRACTICE:
 (I) THE 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  APPLICANT
 INTENDS  TO  PRACTICE IN THE STATE OF NEW YORK PURSUANT TO THIS SUBDIVI-
 SION; (II) THE APPLICANT SHALL PAY A FEE DETERMINED BY  THE  DEPARTMENT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11119-04-3

 A. 6697--A                          2
 
 AND  (III) THE APPLICANT'S NAME MUST APPEAR ON A LIST OF PERSONS AUTHOR-
 IZED 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
 APPLICANT DOES NOT MEET THE QUALIFICATIONS FOR LICENSURE AS A REGISTERED
 NURSE, WHICHEVER SHALL OCCUR FIRST.
   2. A PERSON WHO IS CURRENTLY LICENSED AND IN GOOD STANDING IN  ANOTHER
 STATE  OR TERRITORY OF THE UNITED STATES TO PRACTICE AS A LICENSED PRAC-
 TICAL NURSE AND PRACTICING IN NEW YORK STATE AS OF 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  LICENSED PRACTICAL NURSING IN THE
 STATE OF NEW YORK PENDING A DETERMINATION  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
 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,    THAT  IS  AUTHORIZED  BY  NEW YORK STATE LAW TO
 PROVIDE PROFESSIONAL NURSING SERVICES. PRIOR TO COMMENCING  SUCH  TEMPO-
 RARILY  AUTHORIZED  PRACTICE: (I) THE APPLICANT AND AN AUTHORIZED REPRE-
 SENTATIVE OF  THE  EMPLOYING  FACILITY  SHALL  JOINTLY  PROVIDE  WRITTEN
 NOTIFICATION  TO  THE DEPARTMENT, IN A FORM AND FORMAT ACCEPTABLE TO THE
 DEPARTMENT, THAT SUCH APPLICANT INTENDS TO PRACTICE IN THE STATE OF  NEW
 YORK  PURSUANT  TO  THIS SUBDIVISION; (II) THE APPLICANT SHALL PAY A FEE
 DETERMINED BY THE DEPARTMENT; AND (III) THE APPLICANT'S NAME MUST APPEAR
 ON A LIST OF PERSONS AUTHORIZED TO TEMPORARILY PRACTICE LICENSED PRACTI-
 CAL NURSING  PUBLISHED  ON  THE  DEPARTMENT'S  WEBSITE.  SUCH  TEMPORARY
 AUTHORIZATION SHALL EXPIRE IN ONE HUNDRED EIGHTY DAYS, OR TEN DAYS AFTER
 NOTIFICATION  THAT  THE  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 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  PROFESSIONAL  PRACTICE,
 PROFESSIONAL  MISCONDUCT,  DISCIPLINARY  PROCEEDINGS  AND  PENALTIES FOR
 PROFESSIONAL  MISCONDUCT.  FAILURE  TO  ADHERE   TO   THE   NOTIFICATION
 PROVISIONS  OF  THIS  SECTION  MAY  BE  CONSIDERED UNAUTHORIZED PRACTICE
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWELVE OF THIS TITLE.
   4. PERSONS ELIGIBLE FOR THE TEMPORARY AUTHORIZATION PURSUANT  TO  THIS
 SECTION  SHALL  PROVIDE THE REQUIRED WRITTEN NOTIFICATION AND FEE TO THE
 DEPARTMENT WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND
 SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THE APPLICANT'S  NAME  APPEARS
 ON  THE LISTS OF PERSONS AUTHORIZED TO TEMPORARILY PRACTICE PUBLISHED ON
 THE DEPARTMENT'S WEBSITE.
   § 2. Subdivision 10 of section 6526 of the education law,  as  amended
 by chapter 199 of the laws of 2019, is amended to read as follows:
   10.  (a) Any physician who is licensed and in good standing in another
 state or territory, and who has a written agreement to  provide  medical
 services  to  athletes and team personnel of a United States sports team
 recognized by the United States Olympic  committee  or  an  out-of-state
 secondary  school,  institution  of  postsecondary education, or profes-
 sional athletic organization sports team, may provide  medical  services
 to such athletes and team personnel at a discrete sanctioned team sport-
 A. 6697--A                          3
 
 ing  event  in this state as defined by the commissioner in regulations,
 provided such services are provided  only  to  such  athletes  and  team
 personnel  at  the  discrete  sanctioned  team  sporting event. Any such
 medical  services  shall be provided only five days before through three
 days after each discrete sanctioned team sporting event.
   (b) 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 AS OF MAY TWENTY-SECOND, TWO THOUSAND TWENTY-THREE PURSUANT TO THE
 STATE DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER FOUR OF  TWO  THOU-
 SAND  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, PENDING A DETERMINATION ON LICENSURE FOR WHICH
 AN APPLICATION HAS BEEN FILED PURSUANT  TO  SECTION  SIXTY-FIVE  HUNDRED
 TWENTY-FOUR  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 MEDICAL SERVICES AND ACCEPTABLE TO THE DEPARTMENT; HAS GRADUATED
 FROM A DULY ACCREDITED SCHOOL OF MEDICINE LOCATED IN THE  UNITED  STATES
 OR CANADA; AND IS CURRENTLY BOARD CERTIFIED BY A PHYSICIAN CERTIFICATION
 BOARD  ACCEPTABLE  TO  THE  DEPARTMENT.  PRIOR TO COMMENCING TEMPORARILY
 AUTHORIZED PRACTICE: (I) THE APPLICANT AND SUPERVISING  PHYSICIAN  SHALL
 JOINTLY  PROVIDE  WRITTEN  NOTIFICATION TO THE DEPARTMENT, IN A FORM AND
 FORMAT ACCEPTABLE TO THE DEPARTMENT,  THAT  SUCH  APPLICANT  INTENDS  TO
 PRACTICE IN THE STATE OF NEW YORK PURSUANT TO THIS SUBDIVISION; (II) THE
 APPLICANT  SHALL  PAY  A FEE DETERMINED BY THE DEPARTMENT; AND (III) THE
 APPLICANT'S NAME MUST APPEAR ON A LIST OF PERSONS AUTHORIZED  TO  TEMPO-
 RARILY  PRACTICE  MEDICINE  PUBLISHED  ON THE DEPARTMENT'S WEBSITE. SUCH
 TEMPORARY AUTHORIZATION SHALL EXPIRE IN ONE HUNDRED EIGHTY DAYS  OR  TEN
 DAYS  AFTER NOTIFICATION THAT THE APPLICANT DOES NOT MEET THE QUALIFICA-
 TIONS FOR LICENSURE AS A PHYSICIAN, WHICHEVER SHALL OCCUR FIRST. PERSONS
 ELIGIBLE FOR THE TEMPORARY  AUTHORIZATION  PURSUANT  TO  THIS  PARAGRAPH
 SHALL  PROVIDE  THE REQUIRED WRITTEN NOTIFICATION AND FEE TO THE DEPART-
 MENT WITHIN THREE MONTHS OF THE EFFECTIVE DATE OF  THE  CHAPTER  OF  THE
 LAWS  OF  TWO  THOUSAND  TWENTY-THREE  THAT AMENDED THIS SUBDIVISION AND
 SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THE APPLICANT'S  NAME  APPEARS
 ON  THE LISTS OF PERSONS AUTHORIZED TO TEMPORARILY PRACTICE PUBLISHED ON
 THE DEPARTMENT'S WEBSITE.
   (C) Any person practicing as a physician in New York state pursuant to
 this subdivision shall be subject to the  personal  and  subject  matter
 jurisdiction  and  disciplinary and regulatory authority of the board of
 regents and the state board for professional medical conduct established
 pursuant to section two hundred thirty of the public health law as if he
 or she is a licensee and as if the exemption pursuant to  this  subdivi-
 sion  is  a  license.  Such  individual  shall  comply  with  applicable
 provisions of this title, the public health law, the rules of the  board
 of regents, the state board for professional medical conduct established
 pursuant to section two hundred thirty of the public health law, and the
 regulations of the commissioner and the commissioner of health, relating
 to  professional  misconduct, disciplinary proceedings and penalties for
 professional  misconduct.  FAILURE  TO  ADHERE   TO   THE   NOTIFICATION
 PROVISIONS  OF PARAGRAPH (B) OF THIS SUBDIVISION MAY BE CONSIDERED UNAU-
 THORIZED PRACTICE PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWELVE OF  THIS
 TITLE.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed one year after it shall have become a law.