Bill Text: NY S00447 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires nursing certificate and degree education programs to include clinical education; allows for one-third of such clinical education to be completed through simulation experience.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-05-15 - SIGNED CHAP.134 [S00447 Detail]

Download: New_York-2023-S00447-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         447--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Higher  Education  --
          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 an education program from providing greater  than
    15  one-third  of  such training through simulation experience, provided the
    16  department has granted approval to do so prior  to  January  first,  two
    17  thousand  twenty-three.   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
    20  one  year. The fee for such a conditional registration shall be the same
    21  as, and in addition to, the fee  for  the  triennial  registration.  The
    22  duration  of such conditional registration shall be for one year and may
    23  be extended, with the payment of a fee, for no more than one  additional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02684-02-3
        S. 447--A                           2

     1  year,  unless  the  applicant  can  show  good  cause for non-compliance
     2  acceptable to the department. The department,  in  its  discretion,  may
     3  issue  a  temporary educational exemption to a licensee who is unable to
     4  complete the baccalaureate degree due to a lack of access to educational
     5  programs.  Licensees  seeking  a  temporary  educational exemption shall
     6  provide evidence of applying on at least two occasions  to  a  baccalau-
     7  reate degree program or programs and subsequently being denied access to
     8  such  program or programs on at least two occasions due to there being a
     9  limited number of seats. Such denials shall also be corroborated by  the
    10  higher  education  institution or institutions that the licensee applied
    11  to. Temporary educational exemptions issued pursuant to this subdivision
    12  shall be for a single two year period. Licensees shall only be  eligible
    13  for  either  a  conditional  registration  or  a  temporary  educational
    14  exemption. The fee for such a temporary educational exemption  shall  be
    15  the same as, and in addition to, the fee for the triennial registration.
    16  Any licensee who is notified of the denial of a registration for failure
    17  to complete the additional educational requirements and who practices as
    18  a registered professional nurse without such registration may be subject
    19  to  disciplinary  proceedings pursuant to section sixty-five hundred ten
    20  of this title;
    21    § 2. Subdivision 2 of section 6906 of the education law, as amended by
    22  chapter 330 of the laws of 1981, is amended to read as follows:
    23    (2) Education: have received an education including completion of high
    24  school or its equivalent, and have  completed  a  program  in  practical
    25  nursing,   in   accordance   with  the  commissioner's  regulations,  or
    26  completion of equivalent study  satisfactory  to  the  department  in  a
    27  program  conducted  by  the  armed  forces of the United States or in an
    28  approved program in  professional  nursing,  and  have  participated  in
    29  supervised  clinical training, clinical education, or the equivalent, as
    30  determined by the department. The commissioner shall permit one-third of
    31  such clinical training to  be  obtained  through  simulation  experience
    32  acceptable to the department and pursuant to regulation. Nothing in this
    33  section  shall prohibit an education program from providing greater than
    34  one-third of such training through simulation experience,  provided  the
    35  department  has  granted  approval  to do so prior to January first, two
    36  thousand twenty-three;
    37    § 3. Subparagraph (i) of paragraph (c) of  subdivision  1  of  section
    38  6910  of the education law, as added by chapter 257 of the laws of 1988,
    39  is amended to read as follows:
    40    (i)  have  satisfactorily  completed   educational   preparation   for
    41  provision of these services in a program registered by the department or
    42  in a program determined by the department to be the equivalent, and have
    43  participated in supervised clinical training, clinical education, or the
    44  equivalent,  as  determined  by  the  department. The commissioner shall
    45  permit one-third of such clinical training to be obtained through  simu-
    46  lation  experience  acceptable  to  the department and pursuant to regu-
    47  lation. Nothing in this section shall prohibit an education program from
    48  providing greater than one-third of  such  training  through  simulation
    49  experience,  provided the department has granted approval to do so prior
    50  to January first, two thousand twenty-three.   Provided however  nothing
    51  in  this  section shall reduce the in-person or direct care requirements
    52  established by programmatic accreditors and certifying bodies; or
    53    § 4. This act shall take effect on the one hundred eightieth day after
    54  it shall have become a law.