New York nursing practice is as attractive as, or more attractive than, nursing practice in other states, given the state's incredibly sophisticated healthcare system, enormous economy, and huge and vital population. If you can practice nursing in New York, you can practice nursing anywhere, the popular saying might go. However, licensing for nursing in New York can be harder than licensing for nursing elsewhere because New York does not participate in the Nurse Licensure Compact. You don't have the advantages of the Nurse Licensure Compact if you are moving your nursing practice into or out of New York. If you face multistate licensure issues relating to your New York nursing practice, let the Lento Law Firm's premier Professional License Defense Team help you address and successfully resolve those issues. Call 888.535.3686 or complete this contact form now for our attorneys' skilled and experienced representation. Keep your multistate licensure dream alive, and protect your nursing license, employment, and career.
Nurse Licensure Compact Advantages
It's too bad New York does not participate in the Nurse Licensure Compact because the Compact brings with it some great mobility advantages. A successful professional career often requires moving from job to job, state to state, or region to region. Employment opportunities, professional education opportunities, professional leadership opportunities, and personal health and lifestyle needs and preferences can all warrant a move. So can the interests of a spouse or other close family member. Maintaining multiple state nursing licenses can also facilitate seasonal, supervisory, and substitute practice across state lines, broaden a professional network, and deepen experience and skills. You might have a dozen good reasons to move your nursing practice to another state. Professional mobility can be good for you, your employers, your patients, your profession, the public, and most of all, your family members.
That's the purpose of the Nurse Licensure Compact: to streamline the move, save on wasted time, effort, and expense, and prevent significant practice interruptions. A state's Compact participation can save a moving nurse from having to retake a licensing exam like the National Council Licensure Exam (NCLEX), complete additional education and training, spend thousands of dollars and wait months or even years to practice nursing in another Compact state, as long as the state from which the nurse comes and state to which the nurse goes both participate. That's why they also call it license by reciprocity or license by endorsement. The Nurse Licensure Compact eases multistate licensure to increase nurse mobility.
New York's Compact Non-Participation
Forty states have adopted the legislation necessary to qualify for Nurse Licensure Compact participation. About ten states have not. That's what compact participation generally requires: the state legislature's action in adopting and implementing legislation. And New York is, unfortunately, among the ten states without the necessary implementing legislation. California, Illinois, Nevada, Oregon, Massachusetts, and Pennsylvania are other non-compact states, while the populous Texas, Florida, and Ohio are among the many more states participating in the Nurse Licensure Compact. If you intend to license in New York based on your licensure in another state, you'll have to do so without the Nurse Licensure Compact's help. Let us help you do so. Just because New York does not participate doesn't mean that you are out of licensure by endorsement options.
New York Nurse Licensure Compact Bill
Most of the ten states that have not yet joined the Nurse Licensure Compact have introduced bills in their state legislatures to join the Compact. Only California, Nevada, Oregon, and Pennsylvania have not. New York is among the other states that have one or more bills pending that, if passed, would have the state join the Compact. New York State Assembly Bill A3391, referred to the Higher Education Committee, is one such bill to join the Compact. New York State Assembly Bills A6421, with four co-sponsors and also in the Higher Education Committee, and A07946, with ten co-sponsors and also in the Higher Education Committee, are two other bills that, if passed, should qualify New York for Compact participation. But don't hold your breath. None of those bills may pass, and even if one does, its implementation may take months or years. Instead of waiting for legislative action, let us help you resolve your licensure by endorsement issues.
New York Nurse Licensure Authority
Section 6904 of New York's state nursing laws create the New York State Board of Nursing to regulate the nursing profession and nursing practice within the state. Section 6903 of New York's state nursing laws prohibits within the state without a New York State Board of Nursing license. Section 6512 of the general education laws governing New York professions makes it a New York Class E felony crime to practice without a license, punishable by fine and imprisonment. You must not practice in New York without a New York nursing license, even if you hold a valid nursing license from another state. Don't attempt to skirt New York's nursing laws. Instead, let us help you resolve your multistate licensure issues so that you can practice lawfully and securely.
New York Nurse Licensure Requirements
Section 6905 of New York's nursing laws defines the requirements for registered nurse (RN) licensure in the state. The following Section 6906 of New York's nursing laws defines the requirements for licensed practical nurse (LPN) licensure in the state. The requirements for either an RN or LPN license include completing the New York State Board of Nursing license application form, paying the fee, showing that you meet the education and examination requirements, and proving your good moral character. Those New York laws do not impose practical experience requirements for LPN or RN licensure. New York State Board of Nursing administrative regulations further define the LPN and RN education and examination requirements. Section 29.2 of other general education laws for the state's healthcare professions define the conduct and character nurses, and other healthcare professionals must demonstrate to gain and hold a New York professional healthcare license. Other laws provide for the licensing of New York nurse specialists. Let us help you meet these foundational New York nursing license requirements if you face issues.
Nursing Licensure Requirements in Other States
We will further explore below your requirements for obtaining a New York nursing license by endorsement based on your nursing license in another state. Just appreciate that if instead you seek a nursing license in another state based on your New York nursing license, then you will likely face similar application, education, examination, and good character and fitness requirements like those stated above. License requirements differ from state to state, but many states rely on similar education and examination requirements. Many states require nursing education from a program that the Accreditation Commission for Education in Nursing (ACEN) approves. Similarly, many states require National Council Licensure Examination (NCLEX) passage to satisfy their examination requirements. However, many other states approve their own education programs apart from ACEN accreditation or other examinations. Let us help you resolve your issues obtaining a license in another state based on your New York nursing licensure.
Licensure in New York Based on Endorsement
The above sections address New York nursing licensure by examination, generally referring to initial licensure without prior licensure in another state. New York, though, also offers nursing licenses by endorsement, generally referring to obtaining a second or subsequent nursing license after obtaining such a license in another state. Nursing license by endorsement in New York does not provide the full advantages of the Nurse Licensure Compact but can somewhat speed up and streamline your licensure process. More significantly, it can qualify you for a temporary work permit while the state processes your full license application.
New York LPN Licensure by Endorsement
The New York State Office of the Professions, Professional Licensing Division, publishes the requirements to obtain a New York licensed practical nurse (LPN) license by endorsement, based on your prior LPN licensure in another state. Those requirements include completing the appropriate online application form, paying the required fee, showing your verified LPN nursing license from another state or jurisdiction, obtaining your LPN education transcript, and showing your passage of the NCLEX-PN. You must, in other words, meet the standard requirements for LPN licensure by examination. However, licensing officials will not require a new background check other than a check of the national Nursys database for other licenses and license discipline. Let us help if you face issues meeting these LPN licensures by endorsement requirements.
New York RN Licensure by Endorsement
The New York State Office of the Professions, Professional Licensing Division likewise publishes the requirements to obtain a New York registered nurse (RN) license by endorsement. The requirements are the same as for the LPN license by endorsement, except adjusted to the RN education and examination requirements. You must complete the online application form, pay the fee, obtain your RN education transcript, and show that you passed the NCLEX for RNs. Once again, those requirements may not sound like much of a shortcut to the RN license by examination requirements. In effect, you must meet similar education and examination requirements. However, in practice, your RN licensure by endorsement application will not be the thorough process you would face for an initial RN license by examination. You may not, for instance, face the rigorous criminal history and other good moral character background checks an initial licensee faces, although good character requirements do apply.
New York Temporary Permit by Endorsement
One great advantage to LPN or RN licensure by endorsement in New York is that it offers a temporary work authorization or permit while the state processes your full nursing license application. Section 6907-a of New York's nursing laws defines the requirements for obtaining a temporary permit to practice in New York while applying for LPN and RN licensure by endorsement. Those requirements include filing an application with the New York State Board of Nursing, paying the fee, verifying your qualifying nursing license in the other state, and showing the qualifying employer with whom you will practice under the permit. Temporary permits are generally good for 180 days or until ten days after the state notifies the applicant that the applicant does not meet full LPN or RN licensing requirements. A temporary permit can smooth your transition into New York practice, earn you tens of thousands of dollars, and preserve your New York nursing employment, all while you await full licensure. Let us help you pursue a temporary permit while we help you resolve your licensure by endorsement issues.
New York Nurse Specialist Licensure by Endorsement
New York's Office of the Professions indicates that licensure by endorsement is available in the state for clinical nurse specialists. The Office indicates that you must apply on the appropriate form, prove your acceptable education, and show your verified clinical nurse specialist license from the other state. If you face issues satisfying these requirements, let us help.
Issues Obtaining a Second or Subsequent License
The above discussion suggests some common problems nurses can face when moving their practice into or out of New York, while seeking a license by endorsement, without the aid of the Nurse Licensure Compact. Those problems largely arise for two reasons: either (1) differences in the state-by-state requirements for nursing licensure, especially around education and examination, or (2) events that may have occurred since the nurse's prior licensure that now complicate second or subsequent licensure. Consider the following treatment of those common problems while recognizing that our highly qualified attorneys are available to help you with these and other issues.
New York Nursing Education Issues Delaying Multistate Licensure
New York is among the states setting their own nursing education program requirements for licensure. About one-third to one-half of states require graduation from an Accreditation Commission for Education in Nursing (ACEN) approved nursing program. New York is not one of those states. The National Council of State Boards of Nursing shows that New York joins Pennsylvania, Ohio, California, Texas, and other large and small states across the nation that do not require graduation from an ACEN program. The advantage of that distinction is that you may still be licensed in New York if you graduated from a non-ACEN accredited program. The disadvantage, though, is that you may have to show that your nursing education program, whether ACEN accredited or not, meets New York's own education program standards. We can help you do so if that's your common problem. Other common education program problems include academic progress issues, school discipline charges marring your school record, or issues with incomplete, out-of-date, inaccurate, or unverified transcripts. Let us help you resolve those issues.
New York Nursing Examination Issues Delaying Multistate Licensure
You've also seen above that New York is among the states recognizing NCLEX passage for LPN and RN licensure. The New York Board of Nursing forms indicate that state licensing officials use the Nursys database to confirm your NCLEX passage. The issues you may face meeting New York's examination requirement may thus include that you obtained your prior license by passing a different exam other than the NCLEX, as some states permit. You may need the New York Board of Nursing's special approval of that exam, if it's available, to avoid having to take the NCLEX for New York licensure. We can help you seek approval. You may have faced misconduct or misrepresentation charges around your NCLEX administration or made more attempts at NCLEX passage over a longer period than New York officials want to allow. Your Nursys profile may also be inaccurate as to your NCLEX passage. We can help you address these and other examination issues.
New York License Discipline Issues Delaying Multistate Licensure
The other problems you may face in New York nursing licensure by endorsement arise out of events that may have occurred or conditions that may have developed, suggesting your unfitness for licensure. Prior license discipline is one of those events that trigger license scrutiny and raise issues. Your other state nursing board may have charged you with license discipline over competence, professionalism, intemperance, impairment, or other issues endangering patients, disrupting the workplace, or embarrassing the nursing profession. You may have resolved those charges to your other nursing board's satisfaction, but leaving a record of discipline or unresolved charges that New York officials won't accept. You may need to demonstrate again your rehabilitation and fitness. Section 6907-a of New York's nursing laws expressly warns that application for a temporary permit while awaiting licensure by endorsement subjects you to New York's nursing license discipline rules “relating to professional practice, professional misconduct, disciplinary proceedings and penalties for professional misconduct.” Let us help you if you face disciplinary issues relating to prior or pending charges. We may be able to correct inaccurate discipline records, get record updates showing you completed disciplinary conditions, or otherwise show New York officials that you are fit and safe for practice, notwithstanding prior disciplinary issues.
New York Background Issues Delaying Multistate Licensure
Other events outside of prior disciplinary charges can also trigger the New York Board of Nursing scrutiny of your licensure by endorsement application. Since your prior licensure, you may have faced nursing malpractice allegations and liability, employment termination, domestic violence allegations in a divorce or other family law proceeding, or criminal charges and convictions. Any of those matters could raise red flags for New York nursing license officials. New York does not define specific crimes or events that automatically disqualify candidates from nursing licensure. Instead, New York Board of Nursing officials treat suspect applications, including applications reflecting criminal convictions, on a case-by-case basis. Section 29.1 of New York's general education laws governing licensing of all professions provides that unprofessional conduct includes “any willful or grossly negligent failure to comply” with state or federal law, rules, or regulations, or the standards of the profession. We can help you address background issues delaying your New York licensure by endorsement.
New York Nurse Licensing Procedures
If you face any of the above issues or other issues delaying and frustrating your New York nursing licensure by endorsement, we will be able to invoke state administrative procedures to help you address and resolve those issues. You have constitutional due process rights protecting your liberty and property interests in your nursing license and practice. Section 6507 of New York's general education laws applicable to the professions empowers New York licensing officials to issue subpoenas, conduct investigations, and hold hearings to determine fitness for licensure. Section 6510 details elaborate hearing procedures for contested cases involving disqualifying grounds. Our attorneys know how to invoke these and other procedures to bring your best case forward for licensure. Get our help. Don't go it alone or with unqualified local counsel.
What's at Stake in New York Nursing License Issues
Your New York licensure by endorsement, or licensure by endorsement in another state based on your current New York nursing license, may be critical to your nursing practice and employment. You know your reasons for desiring to move your practice into or out of New York. They may be personal reasons, such as to accommodate a spouse's employment or for health or lifestyle, or they may be financial or professional reasons, such as for higher wages, better benefits, advancement, education, and leadership opportunities. Your ability to move your nursing practice to a new jurisdiction may mean everything to your relationships, finances, and future. But even if your reasons do not compel your move, you should consider addressing your lingering licensing issues. Denial of your application for licensure by endorsement may red flag future applications. Let us help you resolve your issues now rather than have you unexpectedly face them later, such as on an attempted license renewal.
Premier New York Nursing License Attorneys
Beware of unqualified representation in your nursing license proceeding. Your best move is to retain the Lento Law Firm's premier Professional License Defense Team to help you resolve your New York nurse licensure by endorsement issues. We are available in New York City, Hempstead, Brooklyn, Brookhaven, Islip, Oyster Bay, Buffalo, North Hempstead, Rochester, Yonkers, Huntington, Ramapo, Syracuse, Amherst, Smithtown, Albany, Greece, and across the rest of New York, as well as nationwide. Call 888.535.3686 or complete this contact form.
