S 8737: Establishes a temporary practice authorization program for retired registered nurses and licensed practical nurses to practice in the facility they previously worked to provide supplemental staffing support.

  
  STATE OF NEW YORK ________________________________________________________________________ 8737  IN SENATE January 7, 2026 ___________ Introduced by Sen. PARKER -- 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 establishing a tempo- rary practice authorization program for certain nurses 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 24 permit shall continue to be valid until ten days after notification to 25 the applicant of the results of such examination. 26 [3.] (c) A limited permit shall entitle the holder to practice nursing 27 only under the supervision of a nurse currently registered in this state 28 and with the endorsement of the employing agency. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14345-01-6 
 S. 8737 2 1 [4. Fees.] (d) The fee for each limited permit shall be thirty-five 2 dollars. 3 [5.] (e) Graduates of schools of nursing registered by the department 4 may be employed to practice nursing under supervision of a professional 5 nurse currently registered in this state and with the endorsement of the 6 employing agency for ninety days immediately following graduation from a 7 program in nursing and pending receipt of a limited permit for which an 8 application has been filed as provided in this section. 9 2. Temporary practice authorization program. (a) There is hereby 10 established a temporary practice authorization program for the purpose 11 of allowing the temporary practice of retired registered professional 12 nurses and retired licensed practical nurses in the facility such nurse 13 had previously worked. Provided, however, that an individual who 14 becomes licensed through the temporary practice authorization program 15 must live in New York state, have retired within the last eight years 16 and commit to work for the entity for which they were temporarily 17 authorized to practice for a period of no less than eight days within a 18 sixty day period. Such temporary practice authorization shall be renewed 19 every six months for a maximum period of five years. 20 (b) Prior to commencing practice, the applicant and an authorized 21 representative of the employing facility shall jointly provide written 22 notice to the department, in a form and format acceptable to the depart- 23 ment that the applicant intends to practice in the facility such appli- 24 cant previously worked, the applicant will be providing supplemental 25 support to such facility including but not limited to covering breaks, 26 mentoring and training new staff, and supporting day-to-day patient care 27 without assuming the responsibilities of primary staffing, and the 28 facility shall be compensating such applicant at the standard rate of 29 such facility. Such written notification shall also include an attesta- 30 tion by the applicant and the authorized representative of the employing 31 facility that they have reviewed the requirements for licensure in New 32 York state, that they reasonably believe such applicant to meet such 33 requirements, that the facility shall not use such applicant for primary 34 staffing purposes, and that the facility shall submit quarterly reports 35 to the department detailing temporary nurse placements, hours worked, 36 and verification that temporary nurses were not used as primary staff. 37 Such temporary authorization shall only be applied for once and shall be 38 granted upon receipt of such notice and attestation and shall expire in 39 one hundred eighty days, or ten days after notification that the appli- 40 cant does not meet the qualifications for licensure as a registered 41 professional nurse or licensed practical nurse, whichever shall occur 42 first. 43 (c) The department may deny an application submitted pursuant to this 44 section if the department determines that the employing facility has 45 failed to file quarterly reports as required by this subdivision and/or 46 has used temporary nurse placements for primary staffing. 47 3. Any person practicing as a registered nurse or licensed practical 48 nurse in New York state pursuant to this section shall be subject to the 49 personal and subject matter jurisdiction and disciplinary and regulatory 50 authority of the board of regents as if such person is a licensee and as 51 if the temporary authorization pursuant to this section is a license. 52 Such person shall comply with applicable provisions of this title and 53 the rules of the board of regents relating to professional practice, 54 professional misconduct, disciplinary proceedings and penalties for 55 professional misconduct. Failure to adhere to the notification 
 S. 8737 3 1 provisions of this section may be considered unauthorized practice 2 pursuant to section sixty-five hundred twelve of this title. 3 § 2. Not later than June thirtieth of the second year following the 4 effective date of this act, the commissioner of education shall provide 5 the governor, the temporary president of the senate, the minority leader 6 of the senate, the speaker of the assembly, the minority leader of the 7 assembly, the chair of the senate standing committee on higher educa- 8 tion, and the chair of the assembly committee on higher education with a 9 report of the program established by this act. Such report shall, at a 10 minimum, include the number of temporary authorizations granted by 11 region or setting. The report shall be made publicly available on the 12 department of education's website. 13 § 3. This act shall take effect on the one hundred eightieth day after 14 it shall have become a law. Effective immediately, the addition, amend- 15 ment and/or repeal of any rule or regulation necessary for the implemen- 16 tation of this act on its effective date are authorized to be made and 17 completed on or before such effective date.