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A07910 Summary:

BILL NOA07910
 
SAME ASNo Same As
 
SPONSORReyes
 
COSPNSRCrespo
 
MLTSPNSR
 
Add §6912, Ed L
 
Provides for the licensure by endorsement of certain registered professional nurses and licensed practical nurses who hold a valid license to practice professional or practical nursing in Puerto Rico and have actively practiced nursing in Puerto Rico for two of the preceding three years without having their license acted against by the licensing authority of any jurisdiction.
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A07910 Actions:

BILL NOA07910
 
05/28/2019referred to higher education
01/08/2020referred to higher education
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A07910 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7910
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the education law, in relation to licensure by endorsement of certain registered professional nurses and licensed practical nurses   PURPOSE OR GENERAL IDEA OF BILL: To ease the burdens of registered nurses and licensed practical nurses that are certified in Puerto Rico and would like to practice in the State of New York.   SUMMARY OF PROVISIONS: Section 1 amends the education law by adding a new section that estab- lishes licensure by endorsement for registered professional nurses and licensed practical nurses. The State Education Department can remit an application fee of no more than one hundred dollars. Establishes a requirement for license by endorsement for a person that holds a valid license to be a registered professional nurse or a licensed practical nurse in Puerto Rico. The department is given the opportunity to review the license and if the requirements are as stringent or more stringent than New York's requirement. The applicant must have practiced nursing in Puerto Rico for at least 2 of the 3 preceding years without inter- vention on the .license by the licensing authority. Applicants must take a New York laws and ruleS course approved by the state education depart- ment within six months of receiving the license by endorsement. Also, sets forth that once the national criminal history check is done on the applicant, the license by endorsement should be issued. Mandates that the applicant submit their fingerprints to the division of state police, for a state criminal history check. A license will be issued if the applicant does not have a criminal history. Any case that involves a criminal history will be sent-to the board for determination. Section 2 establishes the effective date   EXISTING LAW: Currently, New York State law forces registered nurses (RNs) and licensed practical nurses (LPNs) that are licensed in Puerto Rico to participate in the lengthy and costly process of recertification.   JUSTIFICATION: Currently, there is a decline in the Puerto Rican population and people are leaving the island. Specifically, as the commonwealth faces issues with Medicaid and the fully funding of its hospitals, registered nurses (RNs) and licensed practical nurses (LPNs) are leaving the island in search of opportunity. The Puerto Rican population and nurses are moving to states, like Florida and New York. As our state is experiencing a nurse shortage, we need to prepare and plan to accept great talent to care for our patients. Especially, having more culturally competent nurses taking care of our patients in this diverse state. This bill would establish licensure by endorsement for registered nurses and licensed practical nurses that hold a valid Puerto Rican license, that have worked for 2 of the previous 3 years. This legislation will ensure that qualified nurses are provided the ability to practice nurs- ing without the going through the costly and lengthy process of recer- tification. We have a great demand for RNs and LPNs as we experience a nursing shortage in our hospitals.   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This bill would take effect on the ninetieth day.
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A07910 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7910
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 28, 2019
                                       ___________
 
        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Higher Education
 
        AN ACT to amend the education law, in relation to licensure by  endorse-
          ment  of certain registered professional nurses and licensed practical
          nurses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The education law is amended by adding a new section 6912
     2  to read as follows:
     3    § 6912. Licensure by endorsement; certain jurisdictions. 1.   Notwith-
     4  standing  any law to the contrary, the department shall issue the appro-
     5  priate license, either a license as a registered professional nurse or a
     6  license as a  licensed  practical  nurse,  by  endorsement  to  practice
     7  professional  or practical nursing to an applicant who, upon applying to
     8  the department and remitting a fee set by the department not  to  exceed
     9  one hundred dollars, demonstrates to the department that he or she:
    10    (a)  Holds a valid license to practice professional or practical nurs-
    11  ing in Puerto Rico, provided that, when the applicant secured his or her
    12  original license, the  requirements  for  licensure  were  substantially
    13  equivalent  to or more stringent than those existing in New York at such
    14  time as determined by the department; and
    15    (b) Has actively practiced nursing in  Puerto  Rico  for  two  of  the
    16  preceding three years without having his or her license acted against by
    17  the  licensing  authority  of  any  jurisdiction.  Applicants who become
    18  licensed pursuant to this paragraph  must  complete  within  six  months
    19  after licensure a New York laws and rules course that is approved by the
    20  department.  Once  the department has received the results of a national
    21  criminal history check and has determined  that  the  applicant  has  no
    22  criminal history, the appropriate license by endorsement shall be issued
    23  to such applicant.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11624-01-9

        A. 7910                             2
 
     1    2.  The applicant shall submit to the department a set of fingerprints
     2  on a form and under procedures specified by the department, along with a
     3  payment in an amount equal to the costs incurred by the  department  for
     4  the  criminal  background  check of the applicant.  The department shall
     5  submit  the  fingerprints  provided  by the applicant to the division of
     6  state police for a statewide criminal history check, and the division of
     7  state police shall forward the fingerprints to  the  federal  bureau  of
     8  investigation  for  a  national criminal history check of the applicant.
     9  The department shall review the results of the criminal  history  check,
    10  issue  a  license  to an applicant who has met all of the other require-
    11  ments for licensure and has no criminal history,  and  shall  refer  all
    12  applicants  with  criminal histories back to the board for determination
    13  as to whether a license should be issued and under what conditions.
    14    3. The department shall not issue a  license  by  endorsement  to  any
    15  applicant  who is under investigation in another state, jurisdiction, or
    16  territory of the United States for  an  act  which  would  constitute  a
    17  violation  of  this  chapter  until  such  time as such investigation is
    18  complete, at which time the provisions of article  one  hundred  thirty-
    19  one-A of this chapter shall apply.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.    Effective  immediately,  the  addition,  amendment
    22  and/or repeal of any rule or regulation necessary for the implementation
    23  of  this  act  on  its  effective  date  are  authorized  to be made and
    24  completed on or before such effective date.
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