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This entry was published on 2023-06-23
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SECTION 6907-A
Temporary authorization
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 139
* § 6907-a. Temporary authorization. 1. (a) 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 on 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 registered professional
nursing in the state of New York, provided such person has: (i) filed an
application for licensure with the department pursuant to section
sixty-nine hundred five of this article that is pending a determination;
and (ii) 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.

(b) Prior to commencing such temporarily authorized practice: (i) the
person shall file an application for licensure with the department
pursuant to section sixty-nine hundred five of this article; (ii) the
person 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 person intends to
practice in the state of New York pursuant to this subdivision; (iii)
the person shall pay a fee determined by the department; and (iv) the
person's name must appear on a list of persons authorized 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 person does not meet the
qualifications for licensure as a registered nurse, whichever shall
occur first.

2. (a) A person who is currently licensed and in good standing in
another state or territory of the United States to practice as a
licensed practical nurse and practicing in New York state on 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, provided such person has: (i) filed an
application for licensure with the department pursuant to section
sixty-nine hundred six of this article that is pending a determination;
and (ii) 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.

(b) Prior to commencing such temporarily authorized practice: (i) the
person shall file an application for licensure with the department
pursuant to section sixty-nine hundred six of this article; (ii) the
person 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 person intends to
practice in the state of New York pursuant to this subdivision; (iii)
the person shall pay a fee determined by the department; and (iv) the
person's name must appear on a list of persons authorized to temporarily
practice licensed practical nursing published on the department's
website. Such temporary authorization shall expire in one hundred eighty
days, or ten days after notification that the person 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 file an application for licensure, provide the required
written notification, and pay a fee to the department within thirty days
of the effective date of this section, and shall not be authorized to
temporarily practice until the person's name appears on the lists of
persons authorized to temporarily practice published on the department's
website.

* NB Repealed June 22, 2024