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A08472 Summary:

BILL NOA08472A
 
SAME ASNo Same As
 
SPONSORWoerner
 
COSPNSR
 
MLTSPNSR
 
Amd §§6907, 6958, 6525, 6546 & 6605, Ed L
 
Establishes a temporary practice authorization pilot program for certain medical and dental professionals to practice in underserved areas.
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A08472 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8472--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2025
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee 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 establishing a  tempo-
          rary  practice  authorization  pilot  program  for certain medical and
          dental professionals to practice in underserved areas;  and  providing
          for the repeal of such provisions upon expiration thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 6907 of the education law, as  amended  by  chapter
     2  994  of  the laws of 1971 and as renumbered by chapter 50 of the laws of
     3  1972, subdivision 2 as amended by chapter  315  of  the  laws  of  1981,
     4  subdivision  4 as amended by chapter 62 of the laws of 1989 and subdivi-
     5  sion 5 as amended by chapter 110 of the laws of 1972, is amended to read
     6  as follows:
     7    § 6907. Limited permits.  1. Graduate nurses. (a) A permit to practice
     8  as a registered professional nurse or a permit to practice as a licensed
     9  practical nurse may be issued by the department upon the  filing  of  an
    10  application  for  a  license  as a registered professional nurse or as a
    11  licensed practical nurse and submission of such other information as the
    12  department may require to (i) graduates of schools of nursing registered
    13  by the department, (ii) graduates of  schools  of  nursing  approved  in
    14  another state, province, or country or (iii) applicants for a license in
    15  practical  nursing  whose preparation is determined by the department to
    16  be the equivalent of that required in this state.
    17    [2.] (b) Such limited permit shall expire one year from  the  date  of
    18  issuance  or  upon  notice  to  the applicant by the department that the
    19  application for license has been denied, or ten days after  notification
    20  to  the  applicant of failure on the professional licensing examination,
    21  whichever shall first occur.  Notwithstanding the  foregoing  provisions
    22  of  this [subdivision] paragraph, if the applicant is waiting the result
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11922-03-5

        A. 8472--A                          2
 
     1  of a licensing examination at the time such limited permit expires, such
     2  permit shall continue to be valid until ten days after  notification  to
     3  the applicant of the results of such examination.
     4    [3.] (c) A limited permit shall entitle the holder to practice nursing
     5  only under the supervision of a nurse currently registered in this state
     6  and with the endorsement of the employing agency.
     7    [4.  Fees.]  (d)  The fee for each limited permit shall be thirty-five
     8  dollars.
     9    [5.] (e) Graduates of schools of nursing registered by the  department
    10  may  be employed to practice nursing under supervision of a professional
    11  nurse currently registered in this state and with the endorsement of the
    12  employing agency for ninety days immediately following graduation from a
    13  program in nursing and pending receipt of a limited permit for which  an
    14  application has been filed as provided in this section.
    15    2. Temporary practice authorization pilot program. (a) There is hereby
    16  established  a  temporary  practice  authorization pilot program for the
    17  purpose of allowing the temporary practice  of  registered  professional
    18  nurses,  licensed  practical nurses, and nurse practitioners in a county
    19  or facility designated by the federal  government  as  medically  under-
    20  served.
    21    (b)  Registered  professional nurse or licensed practical nurse. (i) A
    22  person who is currently licensed and in good standing in  another  state
    23  or  territory  of  the United States to practice as a registered profes-
    24  sional nurse or a licensed practical nurse may be temporarily authorized
    25  to practice such licensed profession pursuant to this article pending  a
    26  determination  on  licensure  for  which  an  application has been filed
    27  pursuant to this article, provided: (1) such applicant has obtained  the
    28  endorsement  of  an employing health care facility that is authorized to
    29  provide professional nursing services; (2) the position is located with-
    30  in a  county  or  facility  designated  by  the  federal  government  as
    31  medically  underserved;  and  (3)  the  applicant  is not employed by an
    32  employment agency as defined in subdivision two of section  one  hundred
    33  seventy-one of the general business law.
    34    (ii)  Prior  to  commencing  practice, the applicant and an authorized
    35  representative of the employing facility shall jointly  provide  written
    36  notice to the department, in a form and format acceptable to the depart-
    37  ment  that  the  applicant  intends  to practice in a county or facility
    38  designated by the federal government as medically  underserved  and  the
    39  applicant  shall  pay a fee determined by the department. Such temporary
    40  authorization shall be awarded immediately upon  providing  such  notice
    41  and  paying such fee and shall expire in one hundred eighty days, or ten
    42  days after notification that the applicant does not meet the  qualifica-
    43  tions for licensure as a registered professional nurse or licensed prac-
    44  tical nurse, whichever shall occur first.
    45    (c)  Nurse Practitioner. (i) A person who is currently licensed and in
    46  good standing in another state or territory  of  the  United  States  to
    47  practice  as a nurse practitioner may be temporarily authorized to prac-
    48  tice as a nurse practitioner pursuant to this article  in  collaboration
    49  with  a New York state licensed physician in accordance with subdivision
    50  three of section sixty-nine hundred two of this article pending a deter-
    51  mination on licensure for which an application has been  filed  pursuant
    52  to  this article, provided: (1) such applicant has obtained the endorse-
    53  ment of an employing health care facility that is authorized to  provide
    54  nurse practitioner services; (2) the position is located within a county
    55  or  facility  designated  by  the federal government as medically under-
    56  served; and (3) the applicant is not employed by an employment agency as

        A. 8472--A                          3
 
     1  defined in subdivision two of section one  hundred  seventy-one  of  the
     2  general business law.
     3    (ii)  Prior  to  commencing  practice,  the  applicant and supervising
     4  physician of  the  employing  facility  shall  jointly  provide  written
     5  notification  to  the department, in a form and format acceptable to the
     6  department, that such applicant intends  to  practice  in  a  county  or
     7  facility  designated  by the federal government as medically underserved
     8  and the applicant shall pay a fee determined  by  the  department.  Such
     9  temporary authorization shall be awarded immediately upon providing such
    10  notice  and paying such fee and shall expire in one hundred eighty days,
    11  or ten days after notification that the  applicant  does  not  meet  the
    12  qualifications  for  licensure  as a nurse practitioner, whichever shall
    13  occur first.
    14    § 2. Section 6958 of the education law, as added by chapter 327 of the
    15  laws of 1992, is amended to read as follows:
    16    § 6958. Limited permit.  1. Limited permit to practice midwifery.  (a)
    17  A  limited  permit to practice midwifery may be granted for a period not
    18  to exceed twelve months to an individual who has to the satisfaction  of
    19  the  department  met  all the requirements of section sixty-nine hundred
    20  fifty-five of this article, but  has  not  yet  passed  the  examination
    21  required by subdivision three of such section.
    22    [2.] (b) A limited permit shall entitle the holder to practice midwif-
    23  ery  only  under  the  direct supervision of a licensed physician who is
    24  authorized under section sixty-nine hundred fifty-one of this article or
    25  a licensed midwife.
    26    2. Temporary practice authorization pilot program. (a) There is hereby
    27  established a temporary practice authorization  pilot  program  for  the
    28  purpose  of  allowing the temporary practice of midwifery in a county or
    29  facility designated by the federal government as medically underserved.
    30    (b) A person who is currently licensed and in good standing in another
    31  state or territory of the United States to  practice  midwifery  may  be
    32  temporarily  authorized to practice midwifery as part of a collaborative
    33  relationship in accordance with section sixty-nine hundred fifty-one  of
    34  this article with a New York state licensed physician pending a determi-
    35  nation  on licensure for which an application has been filed pursuant to
    36  this article, provided: (i) such applicant has obtained the  endorsement
    37  of  an  employing  health  care  facility  that is authorized to provide
    38  midwifery services; (ii) the position is  located  within  a  county  or
    39  facility  designated by the federal government as medically underserved;
    40  (iii) such applicant has received a degree  in  midwifery  from  a  duly
    41  accredited  graduate  school located in the United States or Canada; and
    42  (iv) the applicant is not employed by an employment agency as defined in
    43  subdivision two of section one hundred seventy-one of the general  busi-
    44  ness law.
    45    (c) Prior to commencing practice, the applicant and supervising physi-
    46  cian  shall jointly provide written notification to the department, in a
    47  form and format  acceptable  to  the  department,  that  such  applicant
    48  intends  to  practice  in a county or facility designated by the federal
    49  government as medically underserved and the applicant shall  pay  a  fee
    50  determined  by  the  department.  Such  temporary authorization shall be
    51  awarded immediately upon providing such notice and paying such  fee  and
    52  shall  expire  in one hundred eighty days or ten days after notification
    53  that the applicant does not meet the qualifications for licensure  as  a
    54  nurse-midwife, whichever shall occur first.
    55    § 3. Section 6525 of the education law, as added by chapter 987 of the
    56  laws  of 1971, paragraph 1 of subdivision 1 as amended by chapter 133 of

        A. 8472--A                          4

     1  the laws of 1982 and subdivision 4 as amended by chapter 62 of the  laws
     2  of 1989, is amended to read as follows:
     3    § 6525. Limited  permits.  1. Physicians. Permits limited as to eligi-
     4  bility, practice and duration, shall be  issued  by  the  department  to
     5  eligible applicants, as follows:
     6    [1.] (a) Eligibility[:]. The following persons shall be eligible for a
     7  limited permit:
     8    [(1)]  (i)  A  person who fulfills all requirements for a license as a
     9  physician except those relating to the examination  and  citizenship  or
    10  permanent residence in the United States;
    11    [(2)]  (ii)  A foreign physician who holds a standard certificate from
    12  the educational council for foreign medical graduates or who has  passed
    13  an  examination  satisfactory  to  the  state  board for medicine and in
    14  accordance with the commissioner's regulations; or
    15    [(3)] (iii) A foreign physician or a foreign intern  who  is  in  this
    16  country on a non-immigration visa for the continuation of medical study,
    17  pursuant to the exchange student program of the United States department
    18  of state.
    19    [2.]  (b)  Limit of practice. A permittee shall be authorized to prac-
    20  tice medicine only under the supervision of  a  licensed  physician  and
    21  only in a public, voluntary, or proprietary hospital.
    22    [3.]  (c) Duration. A limited permit shall be valid for two years.  It
    23  may be renewed biennially at the discretion of the department.
    24    [4.] (d) Fees. The fee for each limited permit and  for  each  renewal
    25  shall be [one hundred five dollars] as determined by the department.
    26    2. Temporary practice authorization pilot program. (a) There is hereby
    27  established  a  temporary  practice  authorization pilot program for the
    28  purpose of allowing the temporary practice of medicine in  a  county  or
    29  facility designated by the federal government as medically underserved.
    30    (b) A person who is currently licensed and in good standing in another
    31  state  or  territory  of  the  United States to practice medicine may be
    32  temporarily authorized to practice medicine  pursuant  to  this  chapter
    33  under  the supervision of a New York state licensed physician, pending a
    34  determination on licensure for  which  an  application  has  been  filed
    35  pursuant  to  section  sixty-five  hundred  twenty-four of this article,
    36  provided: (i) such applicant has obtained the endorsement of an  employ-
    37  ing  health  care  facility  that is authorized by New York state law to
    38  provide medical services; (ii) the position is located within  a  county
    39  or  facility  designated  by  the federal government as medically under-
    40  served; (iii) the applicant has graduated from a duly accredited  school
    41  of  medicine located in the United States or Canada; (iv) such applicant
    42  is currently board certified by a physician certification board accepta-
    43  ble to the department; and (v) the  applicant  is  not  employed  by  an
    44  employment  agency  as defined in subdivision two of section one hundred
    45  seventy-one of the general business law.
    46    (c) Prior to commencing practice, the applicant and supervising physi-
    47  cian shall jointly provide written notification to the department, in  a
    48  form  and  format  acceptable  to  the  department,  that such applicant
    49  intends to practice in a county or facility designated  by  the  federal
    50  government  as  medically  underserved and the applicant shall pay a fee
    51  determined by the department.  Such  temporary  authorization  shall  be
    52  awarded  immediately  upon providing such notice and paying such fee and
    53  shall expire in one hundred eighty days or ten days  after  notification
    54  that  the  applicant does not meet the qualifications for licensure as a
    55  physician, whichever shall occur first.

        A. 8472--A                          5
 
     1    (d) Any person practicing as a physician in New York state pursuant to
     2  this subdivision shall be subject to the  personal  and  subject  matter
     3  jurisdiction  and  disciplinary and regulatory authority of the board of
     4  regents and the state board for professional medical conduct established
     5  pursuant  to  section  two hundred thirty of the public health law as if
     6  they were a licensee and as if the authorization pursuant to this subdi-
     7  vision were a license.  Such  physician  shall  comply  with  applicable
     8  provisions  of this title, the public health law, the rules of the board
     9  of regents, the state board for professional medical conduct established
    10  pursuant to section two hundred thirty of the public health law, and the
    11  regulations of the commissioner and the commissioner of health, relating
    12  to professional misconduct, disciplinary proceedings and  penalties  for
    13  professional   misconduct.   Failure   to  adhere  to  the  notification
    14  provisions of this subdivision may be considered  unauthorized  practice
    15  pursuant to section sixty-five hundred twelve of this title.
    16    §  4.  Section  6546 of the education law, as amended by chapter 48 of
    17  the laws of 2012, is amended to read as follows:
    18    §  6546. Limited permits. 1. Physician assistants. Permits limited  as
    19  to eligibility, practice and duration, shall be issued by the department
    20  to eligible applicants, as follows:
    21    [1.]  (a)  Eligibility.  A  person who fulfills all requirements to be
    22  licensed as a physician assistant except that relating to  the  examina-
    23  tion shall be eligible for a limited permit.
    24    [2.]  (b)  Limit of practice. A permittee shall be authorized to prac-
    25  tice as a physician assistant only under the  direct  supervision  of  a
    26  physician.
    27    [3.]  (c)  Duration.  A  limited permit shall expire one year from the
    28  date of issuance or upon notice to the permittee by the department  that
    29  the application for a license has been denied. A limited permit shall be
    30  extended  upon  application  for  one additional year, provided that the
    31  permittee's request for such extension is endorsed by  a  physician  who
    32  either  has supervised or will supervise the permittee, except that such
    33  extension may be denied by the department for cause which shall be stat-
    34  ed in writing. If the permittee is awaiting the results of  a  licensing
    35  examination  at  the time such limited permit expires, such permit shall
    36  continue to be valid until ten days after notification to the  permittee
    37  of the result of such examination.
    38    [4.]  (d)  Fees. The fee for each limited permit shall be [one hundred
    39  five dollars] as determined by the department.
    40    2. Temporary practice authorization pilot  program.  There  is  hereby
    41  established  a  temporary  practice  authorization pilot program for the
    42  purpose of allowing the temporary practice as a physician assistant in a
    43  county or facility designated by the  federal  government  as  medically
    44  underserved.
    45    (a) A person who is currently licensed and in good standing in another
    46  state  or  territory  of  the  United  States to practice as a physician
    47  assistant may be temporarily  authorized  to  practice  as  a  physician
    48  assistant  under the supervision of a New York state licensed physician,
    49  pending a determination on licensure for which an application  has  been
    50  filed  pursuant to section sixty-five hundred forty-one of this article,
    51  provided: (i) such applicant has obtained the endorsement of an  employ-
    52  ing health care facility that is authorized to provide medical services;
    53  (ii)  the  position is located within a county or facility designated by
    54  the federal government as medically underserved; (iii) the applicant has
    55  received a degree in physician assistant studies from a duly  accredited
    56  graduate  school  located  in  the United States or Canada; and (iv) the

        A. 8472--A                          6
 
     1  applicant is not employed by an employment agency as defined in subdivi-
     2  sion two of section one hundred seventy-one of the general business law.
     3    (b) Prior to commencing practice, the applicant and supervising physi-
     4  cian  shall jointly provide written notification to the department, in a
     5  form and format  acceptable  to  the  department,  that  such  applicant
     6  intends  to  practice  as  a physician assistant in a county or facility
     7  designated by the federal government as medically  underserved  and  the
     8  applicant  shall  pay a fee determined by the department. Such temporary
     9  authorization shall be awarded immediately upon  providing  such  notice
    10  and  paying  such fee and shall expire in one hundred eighty days or ten
    11  days after notification that the applicant does not meet the  qualifica-
    12  tions  for  licensure  as  a  physician assistant, whichever shall occur
    13  first.
    14    § 5. Section 6605 of the education law, as amended by  chapter  40  of
    15  the  laws of 1982, subdivision 4 as amended by chapter 57 of the laws of
    16  1999 and subdivision 5 as added by chapter 436 of the laws of  2009,  is
    17  amended to read as follows:
    18    § 6605. Limited  permits.  1. Graduate dentists. (a) On recommendation
    19  of the board, the department may issue a limited permit to a graduate of
    20  a dental college who meets the educational qualifications for  admission
    21  to  the  licensing examination in dentistry for employment in a hospital
    22  or dental facility approved by an appropriate agency,  while  under  the
    23  direction  or supervision of a licensed dentist. No such permit shall be
    24  issued or renewed unless such graduate has a bona fide offer of a  posi-
    25  tion in such a hospital or dental facility.
    26    [2.]  (b)  On  recommendation of the board, the department may issue a
    27  limited permit for instructing in dentistry to a  dentist  not  licensed
    28  under this article to be employed by a registered school of dentistry or
    29  dental  hygiene  to  instruct and supervise clinical dentistry or dental
    30  hygiene for students in such a registered school in the state, and in so
    31  doing to practice dentistry as defined in this article, but only on  the
    32  premises of such registered school or such other premises as may be used
    33  for  instruction  in the program of education conducted by such institu-
    34  tion. No person shall be permitted or authorized to instruct and  super-
    35  vise  clinical  dentistry for students unless such person is licensed in
    36  this state or holds the foregoing  limited  permit  for  instructing  in
    37  dentistry.
    38    [3.]  (c) The holder of a limited permit under this [section] subdivi-
    39  sion may practice dentistry, as defined in this article, but only in the
    40  performance of duties required by the position  for  which  the  limited
    41  permit  is  issued.    Nothing  in  this  [section] subdivision shall be
    42  construed to authorize such unlicensed dentist to engage in the  private
    43  practice of dentistry.
    44    [4.]  (d)  A  limited permit under this [section] subdivision shall be
    45  valid for one year or until ten days after notification of denial of  an
    46  application  for  license. A limited permit may be renewed for one year,
    47  except if the applicant is serving in a residency program in a  hospital
    48  or  school  of  dentistry in this state. A limited permit may be renewed
    49  annually for the duration of such residency program. The  fee  for  each
    50  limited permit and for each renewal shall be one hundred five dollars.
    51    [5.]  (e)  Notwithstanding  [subdivision  one]  paragraph  (a) of this
    52  [section] subdivision, dental school  graduates  who  meet  the  license
    53  requirement  for education pursuant to subdivision two of section sixty-
    54  six hundred four of this article shall be deemed to  be  exempt  persons
    55  pursuant  to section sixty-six hundred ten of this article and shall not
    56  be required to obtain a limited permit, provided that they are  employed

        A. 8472--A                          7
 
     1  in  an  approved residency program for the purpose of fulfilling initial
     2  licensure requirements pursuant to section  sixty-six  hundred  four  of
     3  this  article.  Not  later  than sixty days after entry into an approved
     4  residency program, the dental resident shall register on a form accepta-
     5  ble  to the commissioner and pay to the department a residency registra-
     6  tion fee established by the department, which residency registration fee
     7  shall be reasonable and shall not exceed the limited permit  fee  speci-
     8  fied  in [subdivision four] paragraph (d) of this [section] subdivision.
     9  All persons deemed exempt pursuant to this [section]  subdivision  shall
    10  be  subject  to  all  provisions  of  article one hundred thirty of this
    11  title, including but not limited to  having  disciplinary  action  taken
    12  against their residency registration status.
    13    2. Temporary practice authorization pilot program. (a) Notwithstanding
    14  any  other  provision  of  this  section,  there is hereby established a
    15  temporary practice authorization pilot program for the purpose of allow-
    16  ing the temporary practice of dentistry in a county or  facility  desig-
    17  nated  by  the  federal  government  as underserved in the discipline of
    18  dental health.
    19    (b) A person who is currently licensed and in good standing in another
    20  state or territory of the United States to  practice  dentistry  may  be
    21  temporarily  authorized  to practice dentistry pursuant to this subdivi-
    22  sion under the supervision of a New York state licensed dentist, pending
    23  a determination on licensure for which an  application  has  been  filed
    24  pursuant  to  section  sixty-six hundred four of this article, provided:
    25  (i) such applicant has obtained the endorsement of a hospital or  dental
    26  facility  that  is  authorized  by  New York state law to provide dental
    27  services; (ii) the position is  located  within  a  county  or  facility
    28  designated by the federal government as underserved in the discipline of
    29  dental  health; (iii) the applicant has graduated from a duly accredited
    30  school of dentistry located in the United States or Canada; and (iv) the
    31  applicant is not employed by an employment agency as defined in subdivi-
    32  sion two of section one hundred seventy-one of the general business law.
    33    (c) Prior  to  commencing  practice,  the  applicant  and  supervising
    34  dentist shall jointly provide written notification to the department, in
    35  a  form  and  format  acceptable  to the department, that such applicant
    36  intends to practice as a dentist in a county or facility  designated  by
    37  the federal government as underserved in the discipline of dental health
    38  and  the  applicant  shall  pay a fee determined by the department. Such
    39  temporary authorization shall be awarded immediately upon providing such
    40  notice and paying such fee and shall expire in one hundred  eighty  days
    41  or  ten  days  after  notification  that the applicant does not meet the
    42  qualifications for licensure as a dentist, whichever shall occur first.
    43    § 6. Not later than June thirtieth of the year following the effective
    44  date of this  act,  and  annually  thereafter,  the  commissioner  shall
    45  provide the governor, the temporary president of the senate, the minori-
    46  ty leader of the senate, the speaker of the assembly, the minority lead-
    47  er of the assembly, the chair of the senate standing committee on higher
    48  education,  and  the chair of the assembly committee on higher education
    49  with a written evaluation of the pilot program established by this  act.
    50  Such  evaluation  shall, at a minimum, address the overall effectiveness
    51  of the pilot program at increasing the health care workforce in  identi-
    52  fied  shortage  areas and whether continuation or expansion of the pilot
    53  program established by this act is recommended. The  written  evaluation
    54  shall be made publicly available on the office's website.
    55    §  7.  This  act shall take effect immediately and shall expire and be
    56  deemed repealed 3 years after such date.
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