Navigating the NY Nursing Licensure Process for Out-of-State Graduates

If you're a nursing student who completed an out-of-state program and are struggling to obtain licensure in New York, you're not alone. Recent changes to New York State’s education law have introduced new challenges for many aspiring nurses. Understanding these changes, how they impact your ability to sit for the NCLEX, and your legal options is critical to moving forward in your nursing career.

Understanding Education Law §§ 6905(2) and 6906(2)

Education Law §§ 6905(2) and 6906(2) require nursing graduates to have completed an education that meets the standards set by New York’s Commissioner of Education in order to be eligible for licensure as a Registered Professional Nurse (RN) or Licensed Practical Nurse (LPN). Historically, New York accepted out-of-state nursing programs approved by their respective state licensing authorities. However, in April 2023, the New York Board of Regents amended the Commissioner’s regulations, adding stricter requirements for out-of-state nursing programs.

The new regulations (8 NYCRR §64.1) allow the New York State Education Department (NYSED) to reject nursing programs from other states if they do not meet New York’s standards. This change was prompted by widespread fraud in certain out-of-state nursing programs, particularly in Florida, which were found to issue illegitimate credentials through schemes like "Operation Nightingale."

The Impact on Graduates of Certain Out-of-State Nursing Programs

As a result of these changes, graduates of certain out-of-state nursing programs may find that their education is no longer recognized in New York, preventing them from sitting for the NCLEX or obtaining licensure. NYSED has determined that several out-of-state programs do not adequately prepare students for licensure, and educational documents from these institutions will not be accepted. The list of impacted programs includes:

1. Siena College/Siena College of Health, Lauderhill

2. Sacred Heart International Institute, Fort Lauderdale

3. Quisqueya School of Nursing LLC (“Sunshine Academy”), Boynton Beach

4. Med-Life Institute WPB LLC, West Palm Beach

5. Quisqueya Health Care Academy, LLC, Lake Worth

6. Palm Beach School of Nursing, LLC, West Palm Beach

7. The Enfimye Institute, LLC., West Palm Beach

Several nursing programs, including Siena College of Health, Sacred Heart International Institute, and Palm Beach School of Nursing, have come under federal scrutiny for issuing fraudulent nursing diplomas. These schools were alleged to be part of a scheme where over 7,600 fake diplomas were sold, allowing unqualified individuals to sit for the NCLEX and obtain licensure. As a result, New York State has barred graduates from these programs from obtaining licensure due to concerns about the legitimacy of their education.

If you graduated from one of these institutions, you may be facing significant roadblocks in obtaining your RN or LPN licensure in New York.

Common Challenges Faced by Nursing Students

For students dealing with the fallout from these changes, one of the most frustrating experiences is the "runaround" that can occur when trying to get answers from NYSED or other relevant bodies. You may find yourself stuck in an endless loop of paperwork, rejections, and confusion about what steps to take next. Some common challenges include:

• Being unable to get permission to sit for the NCLEX: Graduates from non-recognized programs may find their applications denied, with no clear guidance on how to proceed.

• Difficulty obtaining transcripts or proof of education: If your school has been shut down or deemed fraudulent, you may struggle to obtain necessary documents.

• Non-refundable fees: Unfortunately, application fees paid to NYSED are not refundable, leaving many students financially burdened without any progress toward licensure.

How Education Lawyers Can Help

If you're a nursing student who graduated from one of these affected programs, you don't have to navigate this challenging process alone. Legal counsel can help you understand your rights, appeal decisions, and explore alternative pathways to licensure. Here are some ways an education lawyer can assist:

• Appealing Licensure Denials: If your application for licensure has been denied due to your education, an attorney can help you file an appeal and present your case to the NYSED.

• Exploring Alternative Licensing Options: In some cases, you may be able to pursue alternative paths to licensure, such as completing additional coursework or transferring credits to a recognized institution.

• Protecting Your Financial Interests: If you’ve paid significant fees for a fraudulent program, a lawyer can help you explore potential avenues for recovering some of your financial losses.

Next Steps for Nursing Students

If you are a graduate of one of the affected nursing programs, or if you're experiencing delays and complications with your NCLEX eligibility or licensure application, here’s what you can do:

1. Consult an Education Lawyer: If your licensure application has been rejected or delayed, an experienced education lawyer can help you understand your legal options and guide you through the appeals process.

2. Stay Informed: Keep track of any updates from the NYSED regarding changes to licensure requirements. The evolving nature of these regulations could impact your eligibility in the future.

3. Seek Alternative Solutions: In some cases, additional education or reapplying for licensure in another state might be the best course of action. A lawyer can help you explore these options.

At EducationLawyers.com, we are committed to helping nursing students overcome these challenges and achieve their professional goals. If you’ve encountered difficulties with your nursing licensure due to out-of-state program issues, contact us today for a consultation. We can help you navigate this complex landscape and fight for your right to practice nursing in New York.