New York Nurse Practice Act: Licensure, Scope, and Discipline

The New York Nurse Practice Act, codified as Article 139 of the Education Law, sets the rules for every level of nursing in the state: who can be licensed, what each license lets you do, what training you must keep current, and what conduct will cost you the license. If you practice or plan to practice nursing in New York — as an LPN, RN, nurse practitioner, nurse anesthetist, or nurse midwife — this statute and the regulations the New York State Education Department (NYSED) builds around it govern your work.

Getting Licensed in New York

NYSED’s Office of the Professions issues nursing licenses. Every applicant has to meet an education requirement, pass a national exam, and complete a short list of mandatory coursework before the license is issued.

Education

Registered nurses must finish a nursing program that NYSED has registered as license-qualifying, or one approved by the licensing authority of another state or territory. LPNs must finish a state-approved practical nursing program. Applicants trained outside the United States must have their credentials evaluated by an approved agency — the Commission on Graduates of Foreign Nursing Schools is one — before NYSED will process the file.¹

Every applicant, regardless of where they trained, must also complete coursework in infection control and in child abuse identification and reporting before the license is issued.²

The NCLEX

RN candidates take the NCLEX-RN; LPN candidates take the NCLEX-PN.³ New York does not cap attempts, but repeated failures can prompt NYSED to require additional coursework before you sit again.

Endorsement From Another State

If you already hold a current, unrestricted license in another state, you can apply for a New York license by endorsement rather than retake the NCLEX. Verification runs through the NCSBN’s Nursys system for participating boards; if your state does not participate, you request verification directly from that board.⁴ Nurses who have not actively practiced in the past five years may be required to complete a refresher course before endorsement is granted.⁵

Limited Permits

If your application is in but not yet decided, a limited permit lets you work while you wait. The permit costs $35 and requires practice under the direct, in-person supervision of a New York-licensed RN on the same unit. It expires one year after issuance, or sooner if your license application is denied or you fail the NCLEX. Graduates of NYSED-registered programs can also work for up to 90 days after graduation while a permit application is pending, provided the employer endorses them and RN supervision is in place.⁶

The BSN in 10 Deadline

Under the “BSN in 10” law enacted in December 2017, newly licensed RNs must earn a Bachelor of Science in Nursing within ten years of their initial licensure date, or they lose the ability to renew.⁷

Two groups are fully exempt: RNs licensed on or before December 19, 2017, and students who were already enrolled in or accepted into an associate-degree or diploma nursing program on that date. A later amendment moved the effective date to June 18, 2020. If your initial RN license was issued after that, the ten-year clock is running.⁷

Renewal and Required Training

Nurses renew their registration every three years. The fee is $73 for RNs and LPNs, which includes a $15 Nurse Fund Fee established under Education Law §6510.⁵

Unlike many states, New York does not require a fixed number of continuing education contact hours. It requires topic-based training instead:

Infection control and barrier precautions coursework every four years through an approved provider, covering transmission of HIV, hepatitis B, hepatitis C, and sepsis.²
Child abuse identification and reporting training before initial licensure. All mandated reporters, nurses included, must also complete an updated course by November 17, 2026, to comply with Social Services Law §413(5).⁸
For DEA-registered prescribers, at least three hours of coursework in pain management, palliative care, and addiction within one year of DEA registration and once every three years afterward.⁹

What You Are Authorized to Do

Article 139 draws clear lines around each role. Crossing those lines, even with good intent, can support a misconduct charge.

RNs and LPNs

The statute defines RN practice as “diagnosing and treating human responses to actual or potential health problems” through health teaching, counseling, and executing medical regimens prescribed by physicians or other authorized providers. RNs assess patients, develop nursing diagnoses, create and carry out care plans, administer medications, provide wound care, and educate patients about their conditions.¹⁰

LPNs work under the supervision of an RN or physician. Their role centers on monitoring vital signs, administering certain medications, and assisting with basic patient care. LPNs cannot independently assess patients or develop care plans the way RNs do.

One point applies across both levels: general statutory authority to perform a service does not authorize you personally. If you are not competent in a specific procedure, attempting it can support a misconduct charge regardless of whether it falls within the general scope of your license.¹⁰

Nurse Practitioners

NPs can diagnose conditions, order tests, and prescribe medications. Those with DEA registration can prescribe controlled substances, though they must obtain official prescription forms to do so.¹¹

The Nurse Practitioner Modernization Act, enacted in 2022, created an independent-practice pathway for NPs with more than 3,600 practice hours in their specialty. NPs below that threshold must still maintain a written practice agreement and protocols with a qualified supervising physician.

The independent-practice authority carries a sunset date. The legislature has extended it twice, most recently through July 1, 2026. Unless it is extended again or made permanent, NPs practicing independently could be required to reestablish collaborative physician agreements after that date.

CRNAs, Nurse Midwives, and Clinical Nurse Specialists

Certified registered nurse anesthetists administer anesthesia in hospitals and ambulatory surgery centers under the supervision of either an immediately available anesthesiologist or the operating physician. The operating physician does not need specialized anesthesia training; the CRNA retains professional responsibility for the conduct of the anesthetic. Certified nurse midwives provide prenatal, labor and delivery, postpartum, and gynecological care, and can prescribe within their area of practice. Clinical nurse specialists work in specialized areas like psychiatric or pediatric care. All three roles require additional NYSED certification beyond the base RN license.

What Counts as Misconduct

Education Law §6509 defines professional misconduct broadly, and the categories reach conduct that nurses sometimes do not realize carries formal consequences:

Practicing beyond your scope, gross negligence on a single occasion, or ordinary negligence or incompetence on more than one occasion.
Practicing while your ability is impaired by alcohol, drugs, or a physical or mental disability.
Being convicted of a crime under New York, federal, or another state’s law where the underlying conduct would be a crime in New York.
Refusing to provide professional services because of a person’s race, creed, color, or national origin.
Allowing or helping an unlicensed person to perform activities that require a nursing license.
Working while your license is suspended, or failing to register or update your address with NYSED.
Being disciplined in another state for conduct that would be misconduct in New York.¹²

Falsifying records, misrepresenting credentials, and unauthorized disclosure of confidential health information also qualify under state and federal law. An unintentional breach through carelessness can lead to charges if a patient is harmed.

How Discipline Works

The NYSED Office of Professional Discipline (OPD) investigates complaints. Anyone can file — patients, coworkers, employers, other agencies — using the complaint form on the OPD website submitted to a regional office.¹³

When OPD has enough to proceed, it can subpoena records, interview witnesses, and consult experts. A hearing panel of at least two voting members must agree on a finding of guilt before penalties can be recommended. You have the right to counsel and to submit evidence.¹⁴

If the panel finds misconduct, its report goes to the Board of Regents, which decides guilt and penalties. Consequences range from a censure and reprimand up to full license revocation. For minor or technical violations, a violations committee can issue a reprimand and a fine of up to $500 per specification without a full hearing. More serious cases can produce mandatory retraining, probation, suspension, or revocation. Some cases end in a consent agreement, where the nurse accepts specified penalties without a formal hearing. Board of Regents decisions can be challenged through an Article 78 proceeding in the Appellate Division, Third Department.¹⁴

What Your Employer Must Report

Hospitals and other facilities licensed under Public Health Law Article 28 must report potential misconduct to NYSED within 30 days. The obligation is triggered when a facility terminates or restricts a nurse’s employment or privileges for reasons related to impairment, incompetence, or misconduct; when a nurse resigns to avoid disciplinary action; or when the facility learns of a criminal conviction. Written reports include the nurse’s name, license number, a description of the triggering conduct, and any known convictions. They are treated as confidential and are shielded from disclosure except in response to a formal agency request or a judicial subpoena. Facilities and individuals reporting in good faith are immune from civil and criminal liability.¹⁵

The Professional Assistance Program

Nurses with a substance use disorder who have not harmed a patient have an alternative to the formal disciplinary track. NYSED’s Professional Assistance Program (PAP) lets a nurse voluntarily surrender the license and enter treatment instead of facing misconduct charges. The process is confidential; meetings with the Committee for Professional Assistance are informal and no transcript is made. Admission requires total abstinence from all mood-altering substances including alcohol, voluntary license surrender, and treatment at a PAP-approved facility. After treatment and reinstatement, the nurse is monitored for at least two years, including toxicology reports, worksite evaluations, and random observed drug screens.¹⁶

Practicing Across State Lines

New York is not a member of the Nurse Licensure Compact. A nurse holding a multistate license issued by an NLC state cannot practice in New York on that license, and a New York-licensed nurse who wants to work in another state must obtain that state’s license separately. Legislation to join the compact, Senate Bill S3916 for the 2025-2026 session, has been introduced but remains in the Senate Higher Education Committee as of early 2026. If it passes, nurses whose primary residence is New York would be eligible for a multistate license recognized in other member states, and out-of-state compact holders could practice in New York without applying separately.¹⁷

1
Office of the Professions. Registered Professional Nursing
2
Department of Health. Health Care Provider Infection Control Training
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Office of the Professions. Registered Professional Nursing License Requirements
4
National Council of State Boards of Nursing. Nursys
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Office of the Professions. Fees
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New York State Senate. New York Education Law 6907 – Limited Permits
7
Office of the Professions. Enactment of a Baccalaureate Degree in 10 Years Requirement for Registered Professional Nurses
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Office of Children and Family Services. Mandated Reporter Training
9
New York State Department of Health. Mandatory Prescriber Education
10
New York State Nurses Association. Scope of Practice
11
Office of the Professions. Prescription Privileges
12
Office of the Professions. New York Education Law 6509 – Definitions of Professional Misconduct
13
NYC311. NYSED Licensed Professional or Business Complaint
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New York State Senate. New York Education Law 6510 – Proceedings in Cases of Professional Misconduct
15
New York State Senate. New York Public Health Law 2803-E-2 – Reporting Incidents of Possible Professional Misconduct
16
Office of the Professions. Professional Assistance Program for Registered Professional Nursing
17
New York State Senate. Senate Bill S3916