S 8341: Establishes a temporary practice authorization program for physicians, registered nurses and licensed practical nurses to practice in underserved areas.

  
  STATE OF NEW YORK ________________________________________________________________________ 8341 2025-2026 Regular Sessions  IN SENATE June 3, 2025 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD11922-04-5 
 S. 8341 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 pursuant to this article in collaboration 48 with a New York state licensed physician in accordance with subdivision 49 three of section sixty-nine hundred two of this article pending a deter- 50 mination on licensure for which an application has been filed pursuant 51 to this article, provided: (1) such applicant has obtained the endorse- 52 ment of an employing health care facility that is authorized to provide 53 nurse practitioner services; (2) the position is located within a county 54 or facility designated by the federal government as medically under- 55 served; and (3) the applicant is not employed by an employment agency as 
 S. 8341 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 
 S. 8341 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. 
 S. 8341 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 
 S. 8341 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 
 S. 8341 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.