2022 New York Laws
EDN - Education
Title 8 - The Professions
Article 139 - Nursing
6907-A - Temporary Authorization.

* §  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