A 8472: Establishes a temporary practice authorization program for physicians, registered nurses and licensed practical nurses to practice in underserved areas.

  
  STATE OF NEW YORK ________________________________________________________________________ 8472 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 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 23 of a licensing examination at the time such limited permit expires, such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11922-02-5 
 A. 8472 2 1 permit shall continue to be valid until ten days after notification to 2 the applicant of the results of such examination. 3 [3.] (c) A limited permit shall entitle the holder to practice nursing 4 only under the supervision of a nurse currently registered in this state 5 and with the endorsement of the employing agency. 6 [4. Fees.] (d) The fee for each limited permit shall be thirty-five 7 dollars. 8 [5.] (e) Graduates of schools of nursing registered by the department 9 may be employed to practice nursing under supervision of a professional 10 nurse currently registered in this state and with the endorsement of the 11 employing agency for ninety days immediately following graduation from a 12 program in nursing and pending receipt of a limited permit for which an 13 application has been filed as provided in this section. 14 2. Temporary practice authorization pilot program. (a) There is hereby 15 established a temporary practice authorization pilot program for the 16 purpose of allowing the temporary practice of registered professional 17 nurses, licensed practical nurses, and nurse practitioners in a county 18 or facility designated by the federal government as medically under- 19 served. 20 (b) Registered professional nurse or licensed practical nurse. (i) A 21 person who is currently licensed and in good standing in another state 22 or territory of the United States to practice as a registered profes- 23 sional nurse or a licensed practical nurse may be temporarily authorized 24 to practice such licensed profession pursuant to this article pending a 25 determination on licensure for which an application has been filed 26 pursuant to this article, provided: (1) such applicant has obtained the 27 endorsement of an employing health care facility that is authorized to 28 provide professional nursing services; (2) the position is located with- 29 in a county or facility designated by the federal government as 30 medically underserved; and (3) the applicant is not employed by an 31 employment agency as defined in subdivision two of section one hundred 32 seventy-one of the general business law. 33 (ii) Prior to commencing practice, the applicant and an authorized 34 representative of the employing facility shall jointly provide written 35 notice to the department, in a form and format acceptable to the depart- 36 ment that the applicant intends to practice in a county or facility 37 designated by the federal government as medically underserved and the 38 applicant shall pay a fee determined by the department. Such temporary 39 authorization shall be awarded immediately upon providing such notice 40 and paying such fee and shall expire in one hundred eighty days, or ten 41 days after notification that the applicant does not meet the qualifica- 42 tions for licensure as a registered professional nurse or licensed prac- 43 tical nurse, whichever shall occur first. 44 (c) Nurse Practitioner. (i) A person who is currently licensed and in 45 good standing in another state or territory of the United States to 46 practice as a nurse practitioner may be temporarily authorized to prac- 47 tice as a nurse practitioner under the supervision of a New York state 48 licensed physician pursuant to this article pending a determination on 49 licensure for which an application has been filed pursuant to this arti- 50 cle, provided: (1) such applicant has obtained the endorsement of an 51 employing health care facility that is authorized to provide nurse prac- 52 titioner services; (2) the position is located within a county or facil- 53 ity designated by the federal government as medically underserved; and 54 (3) the applicant is not employed by an employment agency as defined in 55 subdivision two of section one hundred seventy-one of the general busi- 56 ness law. 
 A. 8472 3 1 (ii) Prior to commencing practice, the applicant and supervising 2 physician of the employing facility shall jointly provide written 3 notification to the department, in a form and format acceptable to the 4 department, that such applicant intends to practice in a county or 5 facility designated by the federal government as medically underserved 6 and the applicant shall pay a fee determined by the department. Such 7 temporary authorization shall be awarded immediately upon providing such 8 notice and paying such fee and shall expire in one hundred eighty days, 9 or ten days after notification that the applicant does not meet the 10 qualifications for licensure as a nurse practitioner, whichever shall 11 occur first. 12 § 2. Section 6958 of the education law, as added by chapter 327 of the 13 laws of 1992, is amended to read as follows: 14 § 6958. Limited permit. 1. Limited permit to practice midwifery. (a) 15 A limited permit to practice midwifery may be granted for a period not 16 to exceed twelve months to an individual who has to the satisfaction of 17 the department met all the requirements of section sixty-nine hundred 18 fifty-five of this article, but has not yet passed the examination 19 required by subdivision three of such section. 20 [2.] (b) A limited permit shall entitle the holder to practice midwif- 21 ery only under the direct supervision of a licensed physician who is 22 authorized under section sixty-nine hundred fifty-one of this article or 23 a licensed midwife. 24 2. Temporary practice authorization pilot program. (a) There is hereby 25 established a temporary practice authorization pilot program for the 26 purpose of allowing the temporary practice of midwifery in a county or 27 facility designated by the federal government as medically underserved. 28 (b) A person who is currently licensed and in good standing in another 29 state or territory of the United States to practice midwifery may be 30 temporarily authorized to practice midwifery under the supervision of a 31 New York state licensed physician pending a determination on licensure 32 for which an application has been filed pursuant to this article, 33 provided: (i) such applicant has obtained the endorsement of an employ- 34 ing health care facility that is authorized to provide midwifery 35 services; (ii) the position is located within a county or facility 36 designated by the federal government as medically underserved; (iii) 37 such applicant has received a degree in midwifery from a duly accredited 38 graduate school located in the United States or Canada; and (iv) the 39 applicant is not employed by an employment agency as defined in subdivi- 40 sion two of section one hundred seventy-one of the general business law. 41 (c) Prior to commencing practice, the applicant and supervising physi- 42 cian shall jointly provide written notification to the department, in a 43 form and format acceptable to the department, that such applicant 44 intends to practice in a county or facility designated by the federal 45 government as medically underserved and the applicant shall pay a fee 46 determined by the department. Such temporary authorization shall be 47 awarded immediately upon providing such notice and paying such fee and 48 shall expire in one hundred eighty days or ten days after notification 49 that the applicant does not meet the qualifications for licensure as a 50 nurse-midwife, whichever shall occur first. 51 § 3. Section 6525 of the education law, as added by chapter 987 of the 52 laws of 1971, paragraph 1 of subdivision 1 as amended by chapter 133 of 53 the laws of 1982 and subdivision 4 as amended by chapter 62 of the laws 54 of 1989, is amended to read as follows: 
 A. 8472 4 1 § 6525. Limited permits. 1. Physicians. Permits limited as to eligi- 2 bility, practice and duration, shall be issued by the department to 3 eligible applicants, as follows: 4 [1.] (a) Eligibility[:]. The following persons shall be eligible for a 5 limited permit: 6 [(1)] (i) A person who fulfills all requirements for a license as a 7 physician except those relating to the examination and citizenship or 8 permanent residence in the United States; 9 [(2)] (ii) A foreign physician who holds a standard certificate from 10 the educational council for foreign medical graduates or who has passed 11 an examination satisfactory to the state board for medicine and in 12 accordance with the commissioner's regulations; or 13 [(3)] (iii) A foreign physician or a foreign intern who is in this 14 country on a non-immigration visa for the continuation of medical study, 15 pursuant to the exchange student program of the United States department 16 of state. 17 [2.] (b) Limit of practice. A permittee shall be authorized to prac- 18 tice medicine only under the supervision of a licensed physician and 19 only in a public, voluntary, or proprietary hospital. 20 [3.] (c) Duration. A limited permit shall be valid for two years. It 21 may be renewed biennially at the discretion of the department. 22 [4.] (d) Fees. The fee for each limited permit and for each renewal 23 shall be [one hundred five dollars] as determined by the department. 24 2. Temporary practice authorization pilot program. (a) There is hereby 25 established a temporary practice authorization pilot program for the 26 purpose of allowing the temporary practice of medicine in a county or 27 facility designated by the federal government as medically underserved. 28 (b) A person who is currently licensed and in good standing in another 29 state or territory of the United States to practice medicine may be 30 temporarily authorized to practice medicine pursuant to this chapter 31 under the supervision of a New York state licensed physician, pending a 32 determination on licensure for which an application has been filed 33 pursuant to section sixty-five hundred twenty-four of this article, 34 provided: (i) such applicant has obtained the endorsement of an employ- 35 ing health care facility that is authorized by New York state law to 36 provide medical services; (ii) the position is located within a county 37 or facility designated by the federal government as medically under- 38 served; (iii) the applicant has graduated from a duly accredited school 39 of medicine located in the United States or Canada; (iv) such applicant 40 is currently board certified by a physician certification board accepta- 41 ble to the department; and (v) the applicant is not employed by an 42 employment agency as defined in subdivision two of section one hundred 43 seventy-one of the general business law. 44 (c) Prior to commencing practice, the applicant and supervising physi- 45 cian shall jointly provide written notification to the department, in a 46 form and format acceptable to the department, that such applicant 47 intends to practice in a county or facility designated by the federal 48 government as medically underserved and the applicant shall pay a fee 49 determined by the department. Such temporary authorization shall be 50 awarded immediately upon providing such notice and paying such fee and 51 shall expire in one hundred eighty days or ten days after notification 52 that the applicant does not meet the qualifications for licensure as a 53 physician, whichever shall occur first. 54 (d) Any person practicing as a physician in New York state pursuant to 55 this subdivision shall be subject to the personal and subject matter 56 jurisdiction and disciplinary and regulatory authority of the board of 
 A. 8472 5 1 regents and the state board for professional medical conduct established 2 pursuant to section two hundred thirty of the public health law as if 3 they were a licensee and as if the authorization pursuant to this subdi- 4 vision were a license. Such physician shall comply with applicable 5 provisions of this title, the public health law, the rules of the board 6 of regents, the state board for professional medical conduct established 7 pursuant to section two hundred thirty of the public health law, and the 8 regulations of the commissioner and the commissioner of health, relating 9 to professional misconduct, disciplinary proceedings and penalties for 10 professional misconduct. Failure to adhere to the notification 11 provisions of this subdivision may be considered unauthorized practice 12 pursuant to section sixty-five hundred twelve of this title. 13 § 4. Section 6546 of the education law, as amended by chapter 48 of 14 the laws of 2012, is amended to read as follows: 15 § 6546. Limited permits. 1. Physician assistants. Permits limited as 16 to eligibility, practice and duration, shall be issued by the department 17 to eligible applicants, as follows: 18 [1.] (a) Eligibility. A person who fulfills all requirements to be 19 licensed as a physician assistant except that relating to the examina- 20 tion shall be eligible for a limited permit. 21 [2.] (b) Limit of practice. A permittee shall be authorized to prac- 22 tice as a physician assistant only under the direct supervision of a 23 physician. 24 [3.] (c) Duration. A limited permit shall expire one year from the 25 date of issuance or upon notice to the permittee by the department that 26 the application for a license has been denied. A limited permit shall be 27 extended upon application for one additional year, provided that the 28 permittee's request for such extension is endorsed by a physician who 29 either has supervised or will supervise the permittee, except that such 30 extension may be denied by the department for cause which shall be stat- 31 ed in writing. If the permittee is awaiting the results of a licensing 32 examination at the time such limited permit expires, such permit shall 33 continue to be valid until ten days after notification to the permittee 34 of the result of such examination. 35 [4.] (d) Fees. The fee for each limited permit shall be [one hundred 36 five dollars] as determined by the department. 37 2. Temporary practice authorization pilot program. There is hereby 38 established a temporary practice authorization pilot program for the 39 purpose of allowing the temporary practice as a physician assistant in a 40 county or facility designated by the federal government as medically 41 underserved. 42 (a) A person who is currently licensed and in good standing in another 43 state or territory of the United States to practice as a physician 44 assistant may be temporarily authorized to practice as a physician 45 assistant under the supervision of a New York state licensed physician, 46 pending a determination on licensure for which an application has been 47 filed pursuant to section sixty-five hundred forty-one of this article, 48 provided: (i) such applicant has obtained the endorsement of an employ- 49 ing health care facility that is authorized to provide medical services; 50 (ii) the position is located within a county or facility designated by 51 the federal government as medically underserved; (iii) the applicant has 52 received a degree in physician assistant studies from a duly accredited 53 graduate school located in the United States or Canada; and (iv) the 54 applicant is not employed by an employment agency as defined in subdivi- 55 sion two of section one hundred seventy-one of the general business law. 
 A. 8472 6 1 (b) Prior to commencing practice, the applicant and supervising physi- 2 cian shall jointly provide written notification to the department, in a 3 form and format acceptable to the department, that such applicant 4 intends to practice as a physician assistant in a county or facility 5 designated by the federal government as medically underserved and the 6 applicant shall pay a fee determined by the department. Such temporary 7 authorization shall be awarded immediately upon providing such notice 8 and paying such fee and shall expire in one hundred eighty days or ten 9 days after notification that the applicant does not meet the qualifica- 10 tions for licensure as a physician assistant, whichever shall occur 11 first. 12 § 5. Section 6605 of the education law, as amended by chapter 40 of 13 the laws of 1982, subdivision 4 as amended by chapter 57 of the laws of 14 1999 and subdivision 5 as added by chapter 436 of the laws of 2009, is 15 amended to read as follows: 16 § 6605. Limited permits. 1. Graduate dentists. (a) On recommendation 17 of the board, the department may issue a limited permit to a graduate of 18 a dental college who meets the educational qualifications for admission 19 to the licensing examination in dentistry for employment in a hospital 20 or dental facility approved by an appropriate agency, while under the 21 direction or supervision of a licensed dentist. No such permit shall be 22 issued or renewed unless such graduate has a bona fide offer of a posi- 23 tion in such a hospital or dental facility. 24 [2.] (b) On recommendation of the board, the department may issue a 25 limited permit for instructing in dentistry to a dentist not licensed 26 under this article to be employed by a registered school of dentistry or 27 dental hygiene to instruct and supervise clinical dentistry or dental 28 hygiene for students in such a registered school in the state, and in so 29 doing to practice dentistry as defined in this article, but only on the 30 premises of such registered school or such other premises as may be used 31 for instruction in the program of education conducted by such institu- 32 tion. No person shall be permitted or authorized to instruct and super- 33 vise clinical dentistry for students unless such person is licensed in 34 this state or holds the foregoing limited permit for instructing in 35 dentistry. 36 [3.] (c) The holder of a limited permit under this [section] subdivi- 37 sion may practice dentistry, as defined in this article, but only in the 38 performance of duties required by the position for which the limited 39 permit is issued. Nothing in this [section] subdivision shall be 40 construed to authorize such unlicensed dentist to engage in the private 41 practice of dentistry. 42 [4.] (d) A limited permit under this [section] subdivision shall be 43 valid for one year or until ten days after notification of denial of an 44 application for license. A limited permit may be renewed for one year, 45 except if the applicant is serving in a residency program in a hospital 46 or school of dentistry in this state. A limited permit may be renewed 47 annually for the duration of such residency program. The fee for each 48 limited permit and for each renewal shall be one hundred five dollars. 49 [5.] (e) Notwithstanding [subdivision one] paragraph (a) of this 50 [section] subdivision, dental school graduates who meet the license 51 requirement for education pursuant to subdivision two of section sixty- 52 six hundred four of this article shall be deemed to be exempt persons 53 pursuant to section sixty-six hundred ten of this article and shall not 54 be required to obtain a limited permit, provided that they are employed 55 in an approved residency program for the purpose of fulfilling initial 56 licensure requirements pursuant to section sixty-six hundred four of 
 A. 8472 7 1 this article. Not later than sixty days after entry into an approved 2 residency program, the dental resident shall register on a form accepta- 3 ble to the commissioner and pay to the department a residency registra- 4 tion fee established by the department, which residency registration fee 5 shall be reasonable and shall not exceed the limited permit fee speci- 6 fied in [subdivision four] paragraph (d) of this [section] subdivision. 7 All persons deemed exempt pursuant to this [section] subdivision shall 8 be subject to all provisions of article one hundred thirty of this 9 title, including but not limited to having disciplinary action taken 10 against their residency registration status. 11 2. Temporary practice authorization pilot program. (a) Notwithstanding 12 any other provision of this section, there is hereby established a 13 temporary practice authorization pilot program for the purpose of allow- 14 ing the temporary practice of dentistry in a county or facility desig- 15 nated by the federal government as underserved in the discipline of 16 dental health. 17 (b) A person who is currently licensed and in good standing in another 18 state or territory of the United States to practice dentistry may be 19 temporarily authorized to practice dentistry pursuant to this subdivi- 20 sion under the supervision of a New York state licensed dentist, pending 21 a determination on licensure for which an application has been filed 22 pursuant to section sixty-six hundred four of this article, provided: 23 (i) such applicant has obtained the endorsement of a hospital or dental 24 facility that is authorized by New York state law to provide dental 25 services; (ii) the position is located within a county or facility 26 designated by the federal government as underserved in the discipline of 27 dental health; (iii) the applicant has graduated from a duly accredited 28 school of dentistry located in the United States or Canada; and (iv) the 29 applicant is not employed by an employment agency as defined in subdivi- 30 sion two of section one hundred seventy-one of the general business law. 31 (c) Prior to commencing practice, the applicant and supervising 32 dentist shall jointly provide written notification to the department, in 33 a form and format acceptable to the department, that such applicant 34 intends to practice as a dentist in a county or facility designated by 35 the federal government as underserved in the discipline of dental health 36 and the applicant shall pay a fee determined by the department. Such 37 temporary authorization shall be awarded immediately upon providing such 38 notice and paying such fee and shall expire in one hundred eighty days 39 or ten days after notification that the applicant does not meet the 40 qualifications for licensure as a dentist, whichever shall occur first. 41 § 6. Not later than June thirtieth of the year following the effective 42 date of this act, and annually thereafter, the commissioner shall 43 provide the governor, the temporary president of the senate, the minori- 44 ty leader of the senate, the speaker of the assembly, the minority lead- 45 er of the assembly, the chair of the senate standing committee on higher 46 education, and the chair of the assembly committee on higher education 47 with a written evaluation of the pilot program established by this act. 48 Such evaluation shall, at a minimum, address the overall effectiveness 49 of the pilot program at increasing the health care workforce in identi- 50 fied shortage areas and whether continuation or expansion of the pilot 51 program established by this act is recommended. The written evaluation 52 shall be made publicly available on the office's website. 53 § 7. This act shall take effect immediately and shall expire and be 54 deemed repealed 3 years after such date.