senate Bill S3145

Signed by Governor

Relates to certification as a clinical nurse specialist (CNS)

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 30 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 05 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1250
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A826
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.294
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • SIGNED CHAP.364

Summary

Relates to certification as a clinical nurse specialist (CNS).

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Bill Details

See Assembly Version of this Bill:
A826
Versions:
S3145
Legislative Cycle:
2013-2014
Law Section:
Education Law
Laws Affected:
Add ยง6911, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S522A, A2992A
2009-2010: S8021, A11423

Sponsor Memo

BILL NUMBER:S3145

TITLE OF BILL:
An act
to amend the education law, in relation to certification as a clinical
nurse specialist (CNS)

PURPOSE:
The purpose of this legislation is to establish certification for
clinical nurse specialists and to protect the title "clinical nurse
specialist" and the designation "CNS" to ensure that only those
properly educated and prepared to be clinical nurse specialists hold
themselves out as such.

SUMMARY OF PROVISIONS:

Section 1 amends the education law by establishing criteria for
certification as a clinical nurse specialist, including application
filing, license requirements, education and certification fees.
Establishes that only certified persons may use the title "clinical
nurse specialist".

Section 2 establishes special provisions regarding existing laws,
rules, regulations or certification standards. Additionally, the
provisions of this bill will not apply to any registered nurse
activity already authorized by statute, rule or regulation as defined
in article 28 of the public health law.

Section 3 authorizes the commissioner to promulgate rules and
regulations.

Section 4 sets forth the effective date.

JUSTIFICATION:
Protecting the title of clinical nurse specialists (CNS) is necessary
to maintain safe patient care and to ensure that only those who are
properly educated and qualified are performing CNS services.
Competencies for CNS practice have been nationally validated and
recognized. CNS practice has demonstrated better patient outcomes
with fewer patient complications, decreased re-admission rates and
cost savings. This has been established in peer-reviewed literature.

With the health care environment growing increasingly complex due to
new technologies and treatment modalities, title protection for CNS
is essential for the public's protection. CNS play an essential role
in providing high quality, evidence-based care. CNS function in a
wide range of specialty areas including oncology, pediatrics,
geriatrics,
psychiatric/mental health, adult health, critical care and community,
health. The CNS role includes direct care to complex patients;
mentoring and consultation to nursing staff; research; management and
systems improvements. All of these functions are geared toward
optimizing the use of evidence-based practices and improved patient
outcomes.


Providing title protection for these professionals will enable the
state to identify those nurses who have been properly educated to
provide specialized care and will prohibit health care facilities
from inappropriately utilizing unqualified persons in the CNS role.
This bill will also help ensure that unqualified individuals do not
present themselves as CNS. Enacting this legislation will authorize
the State Education Department to investigate claims of unlicensed
practice and will enable the Department to better protect the public
from professional misconduct. Currently, 38 other states provide
title protection for CNS.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect on the 365th day after it shall have become
law.

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

                                  3145

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 30, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- 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  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 CERTIFICATE TO PRACTICE AS  A  CLINICAL  NURSE  SPECIALIST
UNDER  SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS ARTICLE, THE APPLI-
CANT 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  DEPARTMENT,  AND
(II) MEETS ALL OTHER REQUIREMENTS ESTABLISHED BY THE DEPARTMENT TO PRAC-
TICE  AS A CLINICAL NURSE SPECIALIST, OR (III) HAVE RECEIVED EDUCATIONAL
PREPARATION DETERMINED BY THE DEPARTMENT TO BE  THE  SUBSTANTIAL  EQUIV-
ALENT 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".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00946-01-3

S. 3145                             2

  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 three hundred sixty-fifth day
after it shall have become a law.

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