S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11423

                          I N  A S S E M B L Y

                              June 11, 2010
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lifton) --
  read once and referred to the Committee on Higher Education

AN ACT to amend the education law, in relation  to  certification  as  a
  clinical nurse specialist (CNS)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  6911
to read as follows:
  S  6911.  CERTIFICATION  AS A CLINICAL NURSE SPECIALIST (CNS).  1. FOR
ISSUANCE OF A LICENSE TO PRACTICE AS A CLINICAL NURSE  SPECIALIST  UNDER
SECTION  SIX  THOUSAND  NINE  HUNDRED TWO OF THIS ARTICLE, THE APPLICANT
SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THIS STATE;
  (C) (I) HAVE SATISFACTORILY COMPLETED AN  EDUCATIONAL  PROGRAM  REGIS-
TERED  BY  THE  DEPARTMENT INCLUDING A MASTER'S OR DOCTORAL DEGREE, OR A
POST-MASTER'S CERTIFICATE FROM A PROGRAM ACCEPTABLE  TO  THE  DEPARTMENT
WHICH  PREPARES GRADUATES TO PRACTICE AS CNSS AND WHICH IS ACCREDITED BY
A NATIONAL NURSING ACCREDITED BODY ACCEPTABLE TO  THE  STATE  BOARD  FOR
NURSING,  AND  (II)  MEETS  ALL  OTHER  REQUIREMENTS  ESTABLISHED BY THE
DEPARTMENT TO PRACTICE AS A  CLINICAL  NURSE  SPECIALIST  INCLUDING  THE
PASSAGE OF A NATIONALLY RECOGNIZED EXAMINATION ACCEPTABLE TO THE DEPART-
MENT,  OR  (III) HAVE RECEIVED EDUCATIONAL PREPARATION DETERMINED BY THE
DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT  OF  SUBPARAGRAPHS  (I)  AND
(II) OF THIS PARAGRAPH; AND
  (D)  PAY  A  FEE  TO  THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
CERTIFICATE AUTHORIZING CLINICAL NURSE SPECIALIST PRACTICE AND A  TRIEN-
NIAL REGISTRATION FEE OF THIRTY DOLLARS. REGISTRATION UNDER THIS SECTION
SHALL  BE  COTERMINOUS WITH THE CLINICAL NURSE SPECIALIST'S REGISTRATION
AS A PROFESSIONAL NURSE.
  2. ONLY A PERSON CERTIFIED UNDER THIS  SECTION  SHALL  USE  THE  TITLE
"CLINICAL NURSE SPECIALIST" OR THE DESIGNATION "CNS".
  3.  THIS SECTION SHALL NOT APPLY TO ANY PERSON WHO IS CURRENTLY CERTI-
FIED AND PRACTICING AS A CLINICAL NURSE SPECIALIST OR WHO IS ELIGIBLE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD17575-02-0

A. 11423                            2

TAKE A NATIONAL CERTIFYING EXAM ACCEPTABLE TO THE DEPARTMENT FOR CERTIF-
ICATION AS A CLINICAL NURSE SPECIALIST WHEN THIS SECTION TAKES EFFECT.
  S 2. The provisions of this act shall not apply to any act or practice
authorized  by  any  other  law,  rule, regulation or certification. The
provisions of this act shall  not  apply  to  any  activity  authorized,
pursuant to statute, rule or regulation, to be performed by a registered
professional  nurse  in a hospital as defined in article twenty-eight of
the public health law.
  S 3. The commissioner of education is  authorized  to  promulgate  all
rules and regulations necessary for the implementation of this act.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.