Bill Text: NY A07767 | 2021-2022 | General Assembly | Amended

---

Bill Title: Allows for at least one-third of required clinical training and competency for licensing as a registered professional nurse, licensed practical nurse, and nurse practitioner to be completed through simulation experience.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-05-03 - print number 7767a [A07767 Detail]

Download: New_York-2021-A07767-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         7767--A

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 21, 2021
                                       ___________

        Introduced  by  M.  of  A.  LUPARDO,  McDONALD,  SANTABARBARA, LUNSFORD,
          WALLACE, FORREST, GRIFFIN -- read once and referred to  the  Committee
          on  Higher  Education -- recommitted to the Committee on Higher Educa-
          tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the education law, in relation to allowing for a certain
          amount of required clinical training and competency for licensing as a
          registered  professional  nurse,  licensed  practical nurse, and nurse
          practitioner to be completed through simulation experience

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  2  of  section 6905 of the education law, as
     2  amended by chapter 380 of the laws  of  2018,  is  amended  to  read  as
     3  follows:
     4    (2)  Education: have received an education, and a diploma or degree in
     5  professional nursing, in accordance with the commissioner's regulations,
     6  and in order to  continue  to  maintain  registration  as  a  registered
     7  professional  nurse  in  New  York  state, have attained a baccalaureate
     8  degree or higher in nursing within ten years  of  initial  licensure  in
     9  accordance with the commissioner's regulations, and have participated in
    10  supervised  clinical training, clinical education, or the equivalent, as
    11  determined by the department. The commissioner shall permit one-third of
    12  such clinical training to  be  obtained  through  simulation  experience
    13  acceptable to the department and pursuant to regulation. Nothing in this
    14  section shall prohibit the department from allowing an education program
    15  to  provide  greater  than one-third of such training through simulation
    16  experience upon application by that institution  in  such  form  as  the
    17  department shall require. The department, in its discretion, may issue a
    18  conditional  registration to a licensee who fails to complete the bacca-
    19  laureate degree but who agrees to meet the additional requirement within

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11455-03-2
        A. 7767--A                          2

     1  one year. The fee for such a conditional registration shall be the  same
     2  as,  and  in  addition  to,  the fee for the triennial registration. The
     3  duration of such conditional registration shall be for one year and  may
     4  be  extended, with the payment of a fee, for no more than one additional
     5  year, unless the  applicant  can  show  good  cause  for  non-compliance
     6  acceptable  to  the  department.  The department, in its discretion, may
     7  issue a temporary educational exemption to a licensee who is  unable  to
     8  complete the baccalaureate degree due to a lack of access to educational
     9  programs.  Licensees  seeking  a  temporary  educational exemption shall
    10  provide evidence of applying on at least two occasions  to  a  baccalau-
    11  reate degree program or programs and subsequently being denied access to
    12  such  program or programs on at least two occasions due to there being a
    13  limited number of seats. Such denials shall also be corroborated by  the
    14  higher  education  institution or institutions that the licensee applied
    15  to. Temporary educational exemptions issued pursuant to this subdivision
    16  shall be for a single two year period. Licensees shall only be  eligible
    17  for  either  a  conditional  registration  or  a  temporary  educational
    18  exemption. The fee for such a temporary educational exemption  shall  be
    19  the same as, and in addition to, the fee for the triennial registration.
    20  Any licensee who is notified of the denial of a registration for failure
    21  to complete the additional educational requirements and who practices as
    22  a registered professional nurse without such registration may be subject
    23  to  disciplinary  proceedings pursuant to section sixty-five hundred ten
    24  of this title;
    25    § 2. Subdivision 2 of section 6906 of the education law, as amended by
    26  chapter 330 of the laws of 1981, is amended to read as follows:
    27    (2) Education: have received an education including completion of high
    28  school or its equivalent, and have  completed  a  program  in  practical
    29  nursing,   in   accordance   with  the  commissioner's  regulations,  or
    30  completion of equivalent study  satisfactory  to  the  department  in  a
    31  program  conducted  by  the  armed  forces of the United States or in an
    32  approved program in  professional  nursing,  and  have  participated  in
    33  supervised  clinical training, clinical education, or the equivalent, as
    34  determined by the department. The commissioner shall permit one-third of
    35  such clinical training to  be  obtained  through  simulation  experience
    36  acceptable to the department and pursuant to regulation. Nothing in this
    37  section  shall  prohibit  the department from allowing an institution of
    38  post-secondary education to  provide  greater  than  one-third  of  such
    39  training through simulation experience upon application by that institu-
    40  tion in such form as the department shall require;
    41    §  3.  Subparagraph  (i)  of paragraph (c) of subdivision 1 of section
    42  6910 of the education law, as added by chapter 257 of the laws of  1988,
    43  is amended to read as follows:
    44    (i)   have   satisfactorily   completed  educational  preparation  for
    45  provision of these services in a program registered by the department or
    46  in a program determined by the department to be the equivalent, and have
    47  participated in supervised clinical training, clinical education, or the
    48  equivalent, as determined by  the  department.  The  commissioner  shall
    49  permit  one-third of such clinical training to be obtained through simu-
    50  lation experience acceptable to the department  and  pursuant  to  regu-
    51  lation.  Nothing  in  this  section  shall  prohibit the department from
    52  allowing an institution of post-secondary education to  provide  greater
    53  than  one-third  of  such  training  through  simulation experience upon
    54  application by that institution in such form  as  the  department  shall
    55  require.  Provided  however  nothing  in  this  section shall reduce the
        A. 7767--A                          3

     1  in-person or direct care requirements established by programmatic accre-
     2  ditors and certifying bodies; or
     3    § 4. This act shall take effect on the one hundred eightieth day after
     4  it shall have become a law.