STATE OF NEW YORK
________________________________________________________________________
5093
2019-2020 Regular Sessions
IN SENATE
April 9, 2019
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to requiring certain
professionals to provide and the state education department to collect
information about the practice of their professions
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 6502-a
2 to read as follows:
3 § 6502-a. Renewal of professional license, certification, or registra-
4 tion. 1. This section shall apply to the following professionals
5 licensed, certified, or registered pursuant to this title: physician
6 assistants (article 131-b); specialist assistants (article 131-c);
7 chiropractors (article 132); dentists, dental hygienists, and certified
8 dental assistants (article 133); licensed perfusionists (article 134);
9 physical therapists and physical therapy assistants (article 136); phar-
10 macists (article 137); registered professional nurses, licensed practi-
11 cal nurses, and nurse practitioners (article 139); midwives (article
12 140); podiatrists (article 141); optometrists (article 143); ophthalmic
13 dispensers (article 144); psychologists (article 153); licensed master
14 social workers and licensed clinical social workers (article 154);
15 massage therapists, masseurs, and masseuses (article 155); occupational
16 therapists and occupational therapy assistants (article 156); certified
17 dietitians and certified nutritionists (article 157); speech-language
18 pathologists and audiologists (article 159); licensed acupuncturists
19 (article 160); certified athletic trainers (article 162); licensed
20 mental health counselors, licensed marriage and family therapists,
21 licensed creative arts therapists, and licensed psychoanalysts (article
22 163); respiratory therapists and respiratory therapy technicians (arti-
23 cle 164); clinical laboratory technologists, cytotechnologists, clinical
24 laboratory technicians, and histological technicians (article 165);
25 professional medical physicists (article 166); certified behavior
26 analyst assistants and licensed behavior analysts (article 167); and
27 licensed pathologists' assistants (article 168).
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10964-01-9
S. 5093 2
1 2. In conjunction with and as a condition of each triennial registra-
2 tion, the professionals described in subdivision one of this section
3 shall provide to the department, and the department shall collect, such
4 information and documentation required by the department, in consulta-
5 tion with the department of health, as is necessary to enable the
6 department of health to evaluate access to needed services in this
7 state, including, but not limited to, the location and type of setting
8 in which the professional practices and other information the depart-
9 ment, in consultation with the department of health, deems relevant. The
10 department of health, in consultation with the department, shall make
11 such data available in aggregate, de-identified form on a publicly
12 accessible website.
13 3. The dates by which the professionals described in subdivision one
14 of this section must comply with the requirements of subdivision two of
15 this section shall be determined by the commissioner and may vary by
16 profession, to allow the development and refinement of necessary program
17 features. However, full implementation of such requirements shall occur
18 no later than three years after the effective date of this section.
19 § 2. Paragraph (e) of subdivision 3 of section 6902 of the education
20 law, as amended by section 2 of part D of chapter 56 of the laws of
21 2014, is amended to read as follows:
22 (e) [(i) In conjunction with and as a condition of each triennial
23 registration, the department shall collect and a nurse practitioner
24 shall provide such information and documentation required by the depart-
25 ment, in consultation with the department of health, as necessary to
26 enable the department of health to evaluate access to needed services in
27 this state, including but not limited to the location and type of
28 setting wherein the nurse practitioner practices; if the nurse practi-
29 tioner has practiced for fewer than three thousand six hundred hours and
30 is practicing pursuant to a written practice agreement with a physician;
31 if the nurse practitioner practices pursuant to collaborative relation-
32 ships with a physician or hospital; and other information the depart-
33 ment, in consultation with the department of health, deems relevant. The
34 department of health, in consultation with the department, will make
35 such data available in aggregate, de-identified form on a publicly
36 accessible website.
37 (ii)] The commissioner, in consultation with the commissioner of
38 health, shall issue a report on the implementation of the provisions of
39 this section, along with information that includes, but is not limited
40 to: the number of nurse practitioners practicing for fewer than three
41 thousand six hundred hours that practice pursuant to a written practice
42 agreement with a physician; the number of nurse practitioners that prac-
43 tice pursuant to collaborative relationships with physicians or with
44 hospitals; and other information the department deems relevant, includ-
45 ing but not limited to, any recommendations for the continuation of or
46 amendments to the provisions of this section relating to written prac-
47 tice agreements or collaborative relationships. The commissioner shall
48 submit this report to the governor, the speaker of the assembly, the
49 temporary president of the senate, and the chairs of the assembly and
50 senate higher education committees by September first, two thousand
51 eighteen.
52 § 3. This act shall take effect immediately; provided, however, that
53 the amendments to paragraph (e) of subdivision 3 of section 6902 of the
54 education law made by section two of this act shall not affect the expi-
55 ration or repeal of such subdivision and shall expire or be deemed
56 repealed therewith.