Governor Hochul signed legislation last week establishing a pathway to temporarily authorize licensed out-of-state and in good standing registered nurses (RNs), licensed practical nurses (LPNs), and physicians during current workforce shortages. The Governor let expire Executive Order (EO) 4, which established flexibilities to address health care workforce shortages. Those flexibilities are no longer allowed under the law.
The bill, A.6697-B/S.7492-B, provides those licensed and in good standing out-of-state RNs, LPNs, and physicians practicing in NY on May 22, 2023 temporary authorization to practice, provided they have filed an application for licensure in NYS that is pending a determination and obtained an endorsement from the health care facility, program, or practice that employs them.
Prior to practice, individuals must file the application, provide notification from both the applicant and employer, and pay the licensing fee. The applicant's name must also appear on the Department of Health (DOH) list of individuals who are temporarily authorized to practice.
The bill is effective June 22, 2023 for one year, though the temporary authorization expires at 180 days or upon denial by the Department.
The State Education Department (SED) website provides the following notice on this issue:
Pending legislation, if enacted, would allow the Department to authorize the temporary practice of medicine, registered nursing (RN) or licensed practical nursing (LPN) by a physician, RN or LPN licensed and in good standing in another U.S. state or territory who:
- Practiced in New York State on May 22, 2023 pursuant to Executive Order 4 of 2021 declaring a statewide disaster emergency due to healthcare staffing shortages in New York State;
- Submits the application for licensure as a physician, RN or LPN in New York State, including fees and all required information; and
- Submits the Temporary Authorization application and $20 (non-refundable) fee to the Department during the 30-day period when/if the legislation is signed.
Since the application must be completed, signed by the applicant, endorsing organization and, for medicine the supervising physician, we are providing the application as a convenience in advance of the law being approved. Applications received prior to the anticipated enactment of this law will be processed, but the certifications and website notice will be held until the law takes effect. Early applications will be the first to be approved, however, please note that the fee is non-refundable and cannot be returned even if the legislation is not signed into law.
Specific requirements and applications for physicians can be found here.
Specific requirements and applications for nurses can be found here.
SED also issued a notice last week providing the following information:
The NYS Education Department updated information on their website with Advisory notices for nursing and medicine, that link to the instructions and forms related to temporary practice authority. The notice includes information about the effective date (6/22/2023) and the requirement that the out-of-state licensee submit the temporary practice authorization within 30 days of 6/22/2023.
If there are particular issues or concerns, please direct inquiries to OPDPLS@nysed.gov
LeadingAge NY will keep members updated on any additional information or guidance required to facilitate temporary authorization of out-of-state staff.
Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871
