Senate Bill S8737

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8737
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to establishing a  tempo-
   rary practice authorization program for certain nurses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 6907 of the education law, as  amended  by  chapter
 994  of  the laws of 1971 and as renumbered by chapter 50 of the laws of
 1972, subdivision 2 as amended by chapter  315  of  the  laws  of  1981,
 subdivision  4 as amended by chapter 62 of the laws of 1989 and subdivi-
 sion 5 as amended by chapter 110 of the laws of 1972, is amended to read
 as follows:
   § 6907. Limited permits.  1. GRADUATE NURSES. (A) A permit to practice
 as a registered professional nurse or a permit to practice as a licensed
 practical nurse may be issued by the department upon the  filing  of  an
 application  for  a  license  as a registered professional nurse or as a
 licensed practical nurse and submission of such other information as the
 department may require to (i) graduates of schools of nursing registered
 by the department, (ii) graduates of  schools  of  nursing  approved  in
 another state, province, or country or (iii) applicants for a license in
 practical  nursing  whose preparation is determined by the department to
 be the equivalent of that required in this state.
   [2.] (B) Such limited permit shall expire one year from  the  date  of
 issuance  or  upon  notice  to  the applicant by the department that the
 application for license has been denied, or ten days after  notification
 to  the  applicant of failure on the professional licensing examination,
 whichever shall first occur.  Notwithstanding the  foregoing  provisions
 of  this [subdivision] PARAGRAPH, if the applicant is waiting the result
 of a licensing examination at the time such limited permit expires, such
 permit shall continue to be valid until ten days after  notification  to
 the applicant of the results of such examination.
   [3.] (C) A limited permit shall entitle the holder to practice nursing
 only under the supervision of a nurse currently registered in this state
 and with the endorsement of the employing agency.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14345-01-6
 S. 8737                             2
 
   [4.  Fees.]  (D)  The fee for each limited permit shall be thirty-five
 dollars.
   [5.]  (E) Graduates of schools of nursing registered by the department
 may be employed to practice nursing under supervision of a  professional
 nurse currently registered in this state and with the endorsement of the
 employing agency for ninety days immediately following graduation from a
 program  in nursing and pending receipt of a limited permit for which an
 application has been filed as provided in this section.
   2. TEMPORARY PRACTICE  AUTHORIZATION  PROGRAM.  (A)  THERE  IS  HEREBY
 ESTABLISHED  A  TEMPORARY PRACTICE AUTHORIZATION PROGRAM FOR THE PURPOSE
 OF ALLOWING THE TEMPORARY PRACTICE OF  RETIRED  REGISTERED  PROFESSIONAL
 NURSES  AND RETIRED LICENSED PRACTICAL NURSES IN THE FACILITY SUCH NURSE
 HAD PREVIOUSLY WORKED.    PROVIDED,  HOWEVER,  THAT  AN  INDIVIDUAL  WHO
 BECOMES  LICENSED  THROUGH  THE TEMPORARY PRACTICE AUTHORIZATION PROGRAM
 MUST LIVE IN NEW YORK STATE, HAVE RETIRED WITHIN THE  LAST  EIGHT  YEARS
 AND  COMMIT  TO  WORK  FOR  THE  ENTITY  FOR WHICH THEY WERE TEMPORARILY
 AUTHORIZED TO PRACTICE FOR A PERIOD OF NO LESS THAN EIGHT DAYS WITHIN  A
 SIXTY DAY PERIOD. SUCH TEMPORARY PRACTICE AUTHORIZATION SHALL BE RENEWED
 EVERY SIX MONTHS FOR A MAXIMUM PERIOD OF FIVE YEARS.
   (B)  PRIOR  TO  COMMENCING  PRACTICE,  THE APPLICANT AND AN AUTHORIZED
 REPRESENTATIVE OF THE EMPLOYING FACILITY SHALL JOINTLY  PROVIDE  WRITTEN
 NOTICE TO THE DEPARTMENT, IN A FORM AND FORMAT ACCEPTABLE TO THE DEPART-
 MENT  THAT THE APPLICANT INTENDS TO PRACTICE IN THE FACILITY SUCH APPLI-
 CANT PREVIOUSLY WORKED, THE APPLICANT  WILL  BE  PROVIDING  SUPPLEMENTAL
 SUPPORT  TO  SUCH FACILITY INCLUDING BUT NOT LIMITED TO COVERING BREAKS,
 MENTORING AND TRAINING NEW STAFF, AND SUPPORTING DAY-TO-DAY PATIENT CARE
 WITHOUT ASSUMING THE  RESPONSIBILITIES  OF  PRIMARY  STAFFING,  AND  THE
 FACILITY  SHALL  BE  COMPENSATING SUCH APPLICANT AT THE STANDARD RATE OF
 SUCH FACILITY.  SUCH WRITTEN NOTIFICATION SHALL ALSO INCLUDE AN ATTESTA-
 TION BY THE APPLICANT AND THE AUTHORIZED REPRESENTATIVE OF THE EMPLOYING
 FACILITY THAT THEY HAVE REVIEWED THE REQUIREMENTS FOR LICENSURE  IN  NEW
 YORK  STATE,  THAT  THEY  REASONABLY BELIEVE SUCH APPLICANT TO MEET SUCH
 REQUIREMENTS, THAT THE FACILITY SHALL NOT USE SUCH APPLICANT FOR PRIMARY
 STAFFING PURPOSES, AND THAT THE FACILITY SHALL SUBMIT QUARTERLY  REPORTS
 TO  THE  DEPARTMENT  DETAILING TEMPORARY NURSE PLACEMENTS, HOURS WORKED,
 AND VERIFICATION THAT TEMPORARY NURSES WERE NOT USED AS  PRIMARY  STAFF.
 SUCH TEMPORARY AUTHORIZATION SHALL ONLY BE APPLIED FOR ONCE AND SHALL BE
 GRANTED  UPON RECEIPT OF SUCH NOTICE AND ATTESTATION AND SHALL EXPIRE IN
 ONE HUNDRED EIGHTY DAYS, OR TEN DAYS AFTER NOTIFICATION THAT THE  APPLI-
 CANT  DOES  NOT  MEET  THE  QUALIFICATIONS FOR LICENSURE AS A REGISTERED
 PROFESSIONAL NURSE OR LICENSED PRACTICAL NURSE,  WHICHEVER  SHALL  OCCUR
 FIRST.
   (C)  THE DEPARTMENT MAY DENY AN APPLICATION SUBMITTED PURSUANT TO THIS
 SECTION IF THE DEPARTMENT DETERMINES THAT  THE  EMPLOYING  FACILITY  HAS
 FAILED  TO FILE QUARTERLY REPORTS AS REQUIRED BY THIS SUBDIVISION AND/OR
 HAS USED TEMPORARY NURSE PLACEMENTS FOR PRIMARY STAFFING.
   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 SUCH PERSON 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
 S. 8737                             3
 
 PROVISIONS OF THIS  SECTION  MAY  BE  CONSIDERED  UNAUTHORIZED  PRACTICE
 PURSUANT TO SECTION SIXTY-FIVE HUNDRED TWELVE OF THIS TITLE.
   §  2.  Not  later than June thirtieth of the second year following the
 effective date of this act, the commissioner of education shall  provide
 the governor, the temporary president of the senate, the minority leader
 of  the  senate, the speaker of the assembly, the minority leader of the
 assembly, the chair of the senate standing committee  on  higher  educa-
 tion, and the chair of the assembly committee on higher education with a
 report  of  the program established by this act. Such report shall, at a
 minimum, include the  number  of  temporary  authorizations  granted  by
 region  or setting.   The report shall be made publicly available on the
 department of education's website.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.