Bill Text: NY A01281 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2014-01-08 - referred to higher education [A01281 Detail]

Download: New_York-2013-A01281-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1281
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  GOTTFRIED,  CAHILL, JAFFEE, LAVINE,
         CASTRO, DINOWITZ, GUNTHER, ABINANTI, GALEF, JACOBS, MAGNARELLI,  SCAR-
         BOROUGH,  WEISENBERG,  MILLMAN,  ROBINSON, WEPRIN, SKARTADOS -- Multi-
         Sponsored by -- M. of A. LUPARDO,  PERRY,  THIELE  --  read  once  and
         referred to the Committee on Higher Education
       AN  ACT  to amend the education law, in relation to mandatory continuing
         education for nurses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The education law is amended by adding a new section 6911
    2  to read as follows:
    3    S 6911. MANDATORY CONTINUING  EDUCATION  FOR  REGISTERED  PROFESSIONAL
    4  NURSES.  1.  (A)  EACH  LICENSED  REGISTERED PROFESSIONAL NURSE REQUIRED
    5  UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO  PRAC-
    6  TICE IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY CONTINU-
    7  ING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
    8  EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. NURS-
    9  ES  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
   10  SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE  BEEN
   11  ISSUED  A  REGISTRATION  CERTIFICATE,  EXCEPT  THAT A NURSE MAY PRACTICE
   12  WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE  IS  ISSUED  A  CONDI-
   13  TIONAL  REGISTRATION  CERTIFICATE  PURSUANT TO SUBDIVISION THREE OF THIS
   14  SECTION.
   15    (B) REGISTERED PROFESSIONAL NURSES SHALL BE EXEMPT FROM THE  MANDATORY
   16  CONTINUING  EDUCATION  REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
   17  DURING WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF  THIS
   18  SECTION,  ADJUSTMENT  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT
   19  MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED  BY  AN
   20  APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05067-01-3
       A. 1281                             2
    1  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
    2  THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
    3    (C)  A  LICENSED REGISTERED PROFESSIONAL NURSE NOT ENGAGED IN PRACTICE
    4  AS DETERMINED BY THE DEPARTMENT, SHALL  BE  EXEMPT  FROM  THE  MANDATORY
    5  CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
    6  DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
    7  TICE OF REGISTERED PROFESSIONAL NURSING DURING THE  TRIENNIAL  REGISTRA-
    8  TION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
    9  SION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS  AS  SHALL  BE
   10  PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   11    2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   12  TRATION SHALL COMPLETE A  MINIMUM  OF  FORTY-FIVE  HOURS  OF  ACCEPTABLE
   13  FORMAL  CONTINUING  EDUCATION,  AS SPECIFIED IN SUBDIVISION FOUR OF THIS
   14  SECTION. ANY REGISTERED PROFESSIONAL NURSE WHOSE FIRST REGISTRATION DATE
   15  FOLLOWING THE EFFECTIVE DATE OF THIS  SECTION  OCCURS  LESS  THAN  THREE
   16  YEARS  FROM  SUCH  EFFECTIVE  DATE,  SHALL COMPLETE CONTINUING EDUCATION
   17  HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE  QUARTER  HOUR  PER
   18  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN UP
   19  TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
   20  FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
   21  A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPARTMENT  AND  SHALL  NOT
   22  PRACTICE  UNLESS  AND  UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS
   23  ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
   24    3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
   25  TRATION  TO  A  LICENSEE  WHO  FAILS  TO  MEET  THE CONTINUING EDUCATION
   26  REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
   27  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
   28  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
   29  TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
   30  NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
   31  BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
   32  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO
   33  SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
   34  EDUCATION AND WHO PRACTICES REGISTERED PROFESSIONAL NURSING WITHOUT SUCH
   35  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   36  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   37    4.  AS  USED  IN  SUBDIVISION  TWO OF THIS SECTION, "ACCEPTABLE FORMAL
   38  CONTINUING EDUCATION" SHALL MEAN FORMAL COURSES  OF  LEARNING  THAT  ARE
   39  ACCEPTABLE  TO  THE  DEPARTMENT,  INCLUDING COURSES IN AN ACCREDITED AND
   40  APPROVED REGISTERED PROFESSIONAL NURSING DEGREE OR CERTIFICATE  PROGRAM,
   41  WHICH  CONTRIBUTE  TO PROFESSIONAL PRACTICE AS A REGISTERED PROFESSIONAL
   42  NURSE AND WHICH MEET THE STANDARDS  PRESCRIBED  BY  REGULATIONS  OF  THE
   43  COMMISSIONER.
   44    5.  REGISTERED  PROFESSIONAL NURSES SHALL MAINTAIN ADEQUATE DOCUMENTA-
   45  TION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION  AND  SHALL
   46  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   47    6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
   48  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   49  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   50  FEE REQUIRED BY SECTION SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE.
   51    S 2. This act shall take effect January 1,  2014;  provided  that  any
   52  rules  and regulations necessary to implement the provisions of this act
   53  on its effective date are authorized and  directed  to  be  promulgated,
   54  repealed and/or amended by such effective date.