Bill Text: NY A01977 | 2011-2012 | General Assembly | Amended
Bill Title: Requires registered professional nurses to attain a baccalaureate degree in nursing within ten years of their initial licensure; provides exemptions for those currently licensed or enrolled in nursing programs.
Spectrum: Moderate Partisan Bill (Democrat 54-17)
Status: (Introduced - Dead) 2012-06-05 - reported referred to codes [A01977 Detail]
Download: New_York-2011-A01977-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1977--B
2011-2012 Regular Sessions
I N A S S E M B L Y
January 12, 2011
___________
Introduced by M. of A. MORELLE, JAFFEE, PERRY, MAGNARELLI, SPANO, ROSEN-
THAL, CUSICK, GUNTHER, CAMARA, ORTIZ, GIBSON, PAULIN, KELLNER, CASTRO,
LAVINE, TITONE, DINOWITZ, GOTTFRIED, P. RIVERA, MAISEL, M. MILLER,
STEVENSON, BENEDETTO -- Multi-Sponsored by -- M. of A. ABINANTI, BING,
CAHILL, CONTE, CURRAN, CYMBROWITZ, DenDEKKER, ENGLEBRIGHT, FINCH,
FITZPATRICK, GALEF, HEASTIE, HOOPER, HOYT, JEFFRIES, JOHNS, KOLB,
LATIMER, LIFTON, LOSQUADRO, LUPARDO, MAGEE, MALLIOTAKIS, McDONOUGH,
J. MILLER, MILLMAN, NOLAN, PRETLOW, RAIA, RAMOS, J. RIVERA, ROBINSON,
RUSSELL, SCHIMEL, SWEENEY, TEDISCO, TENNEY, TOBACCO, WEISENBERG --
read once and referred to the Committee on Higher Education -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee -- again reported from said committee with
amendments, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to the educational prepa-
ration for practice of professional nursing
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The legislature hereby finds and declares that with the
2 increasing complexity of the American healthcare system and rapidly
3 expanding technology, the educational preparation of the registered
4 professional nurse must be expanded. The nurse of the future must be
5 prepared to partner with multiple disciplines as a collaborator and
6 manager of the complex patient care journey. Shorter lengths of stays,
7 higher patient acuity, and more sophisticated technologies and proce-
8 dures are increasing the complexity of patient care - which in turn
9 places great demands on nursing competencies. Other countries are
10 responding to these changes by requiring the baccalaureate degree as an
11 entry requirement for nursing licensure while other professions are
12 demanding master and doctoral degrees as their entry point. Several
13 recent research studies clearly demonstrate the added value of addi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05299-03-1
A. 1977--B 2
1 tional education in relation to improved patient outcomes; one study
2 demonstrates that each ten percent increase in the number of baccalau-
3 reate prepared nurses results in a five percent decrease in surgical
4 patient deaths. Therefore, the legislature finds that expanding the
5 educational requirements for the profession of nursing, while maintain-
6 ing the multiple entry points into the profession, is needed. This
7 legislation affects future nurses graduating from associate degree or
8 diploma nursing programs who would be required to obtain a baccalaureate
9 in nursing within ten years of initial licensure. All current nurses
10 licensed in New York and students in programs preparing for registered
11 professional nursing are to be exempt from the new requirement. This
12 legislation is mirrored after the progressive education requirement for
13 teachers in New York state. Numerous regulatory and accrediting bodies
14 have recommended this change as a means to address sophisticated patient
15 care needs resulting from shorter lengths of stay, higher acuity and
16 more sophisticated interventions. This proposal is the result of a grow-
17 ing body of research evidence that additional education results in
18 better patient outcomes. Therefore by requiring the baccalaureate degree
19 for continued registration as a registered professional nurse this
20 legislation seeks to be responsive to meet the increasingly complex
21 health care needs of the residents of New York state.
22 S 2. Subdivision 2 of section 6905 of the education law, as amended by
23 chapter 994 of the laws of 1971 and such section as renumbered by chap-
24 ter 50 of the laws of 1972, is amended to read as follows:
25 (2) Education: have received an education, and a diploma or degree in
26 professional nursing, in accordance with the commissioner's regulations,
27 AND IN ORDER TO CONTINUE TO MAINTAIN REGISTRATION AS A REGISTERED
28 PROFESSIONAL NURSE IN NEW YORK STATE, HAVE ATTAINED A BACCALAUREATE
29 DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL LICENSURE IN ACCORDANCE
30 WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS DISCRETION,
31 MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
32 THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL REQUIRE-
33 MENT WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
34 BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL REGISTRA-
35 TION. THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
36 YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR NO MORE THAN
37 ONE ADDITIONAL YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
38 REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
39 MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT SUCH
40 REGISTRATION MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
41 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
42 S 3. The provisions of this act shall not apply to:
43 a. any student entering a generic baccalaureate program preparing
44 registered professional nurses after the effective date of this act;
45 b. any student currently enrolled in, or having an application pending
46 in, a program preparing registered nurses as of the effective date of
47 this act;
48 c. any person already licensed as a registered professional nurse or
49 any unlicensed graduate professional nurse who is eligible to take the
50 National Council Licensure Examination as of the effective date of this
51 act.
52 S 4. This act shall take effect immediately and the commissioner of
53 education is authorized to promulgate any rule or regulation necessary
54 to implement the provisions of this act.
