Bill Text: NY S01223 | 2011-2012 | General Assembly | Introduced


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: Slight Partisan Bill (Democrat 8-5)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HIGHER EDUCATION [S01223 Detail]

Download: New_York-2011-S01223-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1223
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 6, 2011
                                      ___________
       Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Higher Education
       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-
   14  tional education in relation to improved  patient  outcomes;  one  study
   15  demonstrates  that  each ten percent increase in the number of baccalau-
   16  reate prepared nurses results in a five  percent  decrease  in  surgical
   17  patient  deaths.  Therefore,  the  legislature  finds that expanding the
   18  educational requirements for the profession of nursing, while  maintain-
   19  ing the multiple entry points into the profession, is needed.  This bill
   20  affects  future nurses graduating from associate degree or diploma nurs-
   21  ing programs who would be required to obtain a baccalaureate in  nursing
   22  within  ten  years  of initial licensure. All current nurses licensed in
   23  New York and students in programs preparing for registered  professional
   24  nursing  are  to be exempt from the new requirement. This legislation is
   25  mirrored after the progressive education requirement for teachers in New
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05299-01-1
       S. 1223                             2
    1  York state. Numerous regulatory and accrediting bodies have  recommended
    2  this  change  as  a  means  to  address sophisticated patient care needs
    3  resulting from shorter lengths of stay, higher acuity and more sophisti-
    4  cated  interventions.  This  proposal is the result of a growing body of
    5  research evidence that additional education results  in  better  patient
    6  outcomes.  Therefore by requiring the baccalaureate degree for continued
    7  registration as a registered professional nurse this bill  seeks  to  be
    8  responsive  to  meet  the  increasingly complex health care needs of the
    9  residents of New York state.
   10    S 2. Subdivision 2 of section 6905 of the education law, as amended by
   11  chapter 994 of the laws of 1971 and such section as renumbered by  chap-
   12  ter 50 of the laws of 1972, is amended to read as follows:
   13    (2)  Education: have received an education, and a diploma or degree in
   14  professional nursing, in accordance with the commissioner's regulations,
   15  AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
   16  PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
   17  DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL  LICENSURE  IN  ACCORDANCE
   18  WITH  THE  COMMISSIONER'S REGULATIONS. IN ITS DISCRETION, THE DEPARTMENT
   19  MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
   20  THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL  REQUIRE-
   21  MENT  WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
   22  BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL  REGISTRA-
   23  TION.  THE  DURATION  OF  SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
   24  YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR  NO  MORE  THAN
   25  ONE  ADDITIONAL  YEAR.  ANY  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
   26  REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
   27  MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT  SUCH
   28  REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
   29  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
   30    S 3. The provisions of this act shall not apply to:
   31    a. any student entering  a  generic  baccalaureate  program  preparing
   32  registered professional nurses after the effective date of this act;
   33    b. any student currently enrolled in, or having an application pending
   34  in,  a  program  preparing registered nurses as of the effective date of
   35  this act;
   36    c. any person already licensed as a registered professional  nurse  or
   37  any  unlicensed  graduate professional nurse who is eligible to take the
   38  National Council Licensure Examination as of the effective date of  this
   39  act.
   40    S  4.  This  act shall take effect immediately and the commissioner of
   41  education is authorized to promulgate any rule or  regulation  necessary
   42  to implement the provisions of this act.
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