No NYS License, No Problem

11 Jan, 2024

On September 27th, New York State released a comprehensive plan to address preventable health care staffing shortages. We talked to Davin Healthcare Vice President and General Counsel, Tom Kernan, J.D., SPHR, about this executive order.

Why was this order signed?

New York State is presently facing severe staffing shortages in hospitals, nursing homes, and other healthcare facilities, adversely impacting the healthcare system’s ability to provide critical care to patients. Governor Kathy Hochul declared a state disaster emergency based on these staffing shortages and issued an executive order aimed at expanding the eligible healthcare workforce in New York State by, among other things, suspending certain licensing requirements.

What does the executive order do?

Executive Order No. 4, issued on September 27, 2021, among other things, suspends licensing and registration requirements applicable to certain licensed healthcare professionals such as registered nurses, licensed practical nurses, respiratory therapists, and radiologic technologists. The Executive Order permits certain healthcare professionals, including RNs, LPNs, RRTs, and radiologic technologists who are currently licensed and in good standing in any other state in the United States, to practice their profession in New York State without first obtaining New York State licensure. Additionally, the Executive Order authorizes RNs and LPNs who are licensed and in good standing in any Canadian province to practice in New York State without first obtaining New York State licensure.

Who does it impact?

The Executive Order affords hospitals and healthcare facilities throughout New York State access to an expanded healthcare workforce that includes RNs and LPNs who are licensed and in good standing in another state in the United States or Canadian province.[1] The order also benefits caregivers by opening up travel opportunities not previously available to them without first obtaining New York State licensure.

How long does this order stay in effect?

Executive Order 4 is effective for a period of 30 days; however, it is our expectation that the Executive Order will be extended given the significant staffing shortages that exist throughout New York State’s healthcare delivery system. We do not expect these shortages to be resolved within 30 days. We believe that the most likely scenario is that the present Executive Order will be extended in successive 30-day increments. In this regard, it is noteworthy that similar Executive Orders issued by former Governor Cuomo during the early months of the pandemic were extended for many months, affording New York State hospitals access to an expanded healthcare workforce.

What does this mean for caregivers?

Nurses and certain allied healthcare professionals who are licensed and in good standing in other states and who are interested in taking a temporary assignment in New York State during the current staffing crisis may do so without having to obtain New York State licensure, subject to the Executive Order being renewed for the duration of their temporary assignments.

Why should RNs without a NYS license consider working for Davin and taking a contract in NYS?

We encourage RNs who are licensed and in good standing in another state and who are interested in travel nursing to consider taking an assignment in New York State. New York needs skilled, experienced nurses to provide compassionate patient care during this challenging time. The Executive Order enables nurses to begin their assignments without first obtaining a New York State license, allowing caregivers to make an immediate impact during this time of need. As a practical matter, we expect that nurses who only wish to work in New York State for a few months will not require New York State licensure. We do, however, encourage all nurses who are interested in working in New York State for more than a few months to pursue New York State licensure.

If you have any further questions, reach out to us (via email?). If you’d like to talk with a recruiter about starting a position in New York, fill out the form below.

[1] Certain allied healthcare professionals – such as respiratory therapists and radiologic technologists — who are licensed in another state in the United States are also eligible to practice in New York under the Executive Order.

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