Bill Text: NY S07320 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the educational preparation for practice of professional nursing and to the nursing program evaluation commission; authorizes the department to issue a temporary educational exemption; requires the commission to make recommendations on the impact of requirements for achievement of a baccalaureate degree in any lesser period of time than required by law as condition to maintaining employment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-07 - SIGNED CHAP.380 [S07320 Detail]

Download: New_York-2017-S07320-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7320
                    IN SENATE
                                     January 5, 2018
                                       ___________
        Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the education law, in relation to the educational prepa-
          ration for practice of professional nursing; and to amend chapter  502
          of the laws of 2017, amending the education law relating to the educa-
          tional preparation for practice of professional nursing and creating a
          temporary  nursing  program, in relation to the nursing program evalu-
          ation commission and to the effectiveness thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1 of section 2 of chapter 502 of the laws of
     2  2017, amending the education law relating to the educational preparation
     3  for practice of professional nursing and creating  a  temporary  nursing
     4  program, is amended to read as follows:
     5    1.  A  temporary commission, to be known as the nursing program evalu-
     6  ation commission (hereinafter "commission"), is hereby created  to  make
     7  recommendations on the following:
     8    a.  barriers  to  entry  into  nursing,  including, but not limited to
     9  cultural barriers, economic barriers, and compliance barriers;
    10    b. the availability and access to  baccalaureate  programs,  including
    11  such   availability  and  access  for  non-traditional  students,  rural
    12  students, and students of diverse cultural backgrounds;
    13    c. the financial barriers to entry into baccalaureate programs; [and]
    14    d. other alternative  equivalents  through  which  nurses  may  obtain
    15  training and experience; and
    16    e.  the  impact  of  requirements  for  achievement of a baccalaureate
    17  degree in any lesser period of time than required by law as condition to
    18  maintaining employment.
    19    § 2. Subdivision 2 of section 6905 of the education law, as amended by
    20  chapter 502 of the laws of 2017, is amended to read as follows:
    21    (2) Education: have received an education, and a diploma or degree  in
    22  professional nursing, in accordance with the commissioner's regulations,
    23  and  in  order  to  continue  to  maintain  registration as a registered
    24  professional nurse in New York  state,  have  attained  a  baccalaureate
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00932-10-8
        S. 7320                             2
     1  degree  or  higher  in  nursing within ten years of initial licensure in
     2  accordance with the commissioner's regulations. The department,  in  its
     3  discretion, may issue a conditional registration to a licensee who fails
     4  to  complete  the  baccalaureate degree but who agrees to meet the addi-
     5  tional requirement within one year.  The  fee  for  such  a  conditional
     6  registration  shall  be the same as, and in addition to, the fee for the
     7  triennial registration. The duration of  such  conditional  registration
     8  shall  be  for  one year and may be extended, with the payment of a fee,
     9  for no more than one additional year, unless the applicant can show good
    10  cause for non-compliance acceptable to the department.  The  department,
    11  in  its  discretion,  may  issue  a temporary educational exemption to a
    12  licensee who is unable to complete the baccalaureate  degree  due  to  a
    13  lack  of  access to educational programs.  Licensees seeking a temporary
    14  educational exemption shall provide evidence of applying on at least two
    15  occasions to a baccalaureate degree program or programs and subsequently
    16  being denied access to such program or programs on at  least  two  occa-
    17  sions  due  to there being a limited number of seats. Such denials shall
    18  also be corroborated by the higher education institution or institutions
    19  that the licensee applied to.  Temporary educational  exemptions  issued
    20  pursuant  to  this  subdivision  shall  be for a single two year period.
    21  Licensees shall only be eligible for either a  conditional  registration
    22  or  a  temporary  educational  exemption.  The  fee for such a temporary
    23  educational exemption shall be the same as, and in addition to, the  fee
    24  for  the  triennial  registration.  Any  licensee who is notified of the
    25  denial of a registration for failure to complete the  additional  educa-
    26  tional requirements and who practices as a registered professional nurse
    27  without  such  registration  may  be subject to disciplinary proceedings
    28  pursuant to section sixty-five hundred ten of this title;
    29    § 3. Section 4 of chapter 502 of the laws of 2017, amending the educa-
    30  tion law relating to the educational preparation for practice of profes-
    31  sional nursing and creating a temporary nursing program, is  amended  to
    32  read as follows:
    33    § 4. The provisions of this act shall not apply to:
    34    a.  any  student  entering  a  generic baccalaureate program preparing
    35  registered professional nurses after the effective date of this act, but
    36  prior to the effective date of section three of this act;
    37    b. any student currently enrolled in, or having an application pending
    38  in, a program preparing registered nurses as of the  effective  date  of
    39  this act;
    40    c.  any  person already licensed as a registered professional nurse or
    41  any unlicensed graduate professional nurse who is eligible to  take  the
    42  National  Council Licensure Examination as of the effective date of this
    43  act.
    44    § 4. Section 6 of chapter 502 of the laws of 2017, amending the educa-
    45  tion law relating to the educational preparation for practice of profes-
    46  sional nursing and creating a temporary nursing program, is  amended  to
    47  read as follows:
    48    §  6.  This act shall take effect immediately; provided,  however that
    49  section three of this act shall take  effect  [eighteen]  thirty  months
    50  after this act shall have become a law.
    51    §  5.  This  act  shall  take  effect  immediately; provided, however,
    52  section two of this act shall take effect on the same date  and  in  the
    53  same  manner  as  section three of chapter 502 of the laws of 2017 takes
    54  effect.