* § 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