The New York State Senate

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

                                  2079

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  MORELLE,  DelMONTE,  PHEFFER, TOWNS, JAFFEE,
  ESPAILLAT, PERRY, KOON, CARROZZA, MAGNARELLI, SPANO, ROSENTHAL, CUSICK
  -- Multi-Sponsored by -- M. of A. ALFANO, CAHILL, CYMBROWITZ, DESTITO,
  ENGLEBRIGHT, FIELDS, HEASTIE, HOOPER, HOYT, JEFFRIES,  KOLB,  LATIMER,
  LIFTON,  LUPARDO,  MILLER,  J. RIVERA, ROBINSON, STIRPE, WEISENBERG --
  read once and referred 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:

  Section  1.  The  legislature  hereby finds and declares that with the
increasing complexity of the  American  healthcare  system  and  rapidly
expanding  technology,  the  educational  preparation  of the registered
professional nurse must be expanded. The nurse of  the  future  must  be
prepared  to  partner  with  multiple  disciplines as a collaborator and
manager of the complex patient care journey. Shorter lengths  of  stays,
higher  patient  acuity,  and more sophisticated technologies and proce-
dures are increasing the complexity of patient  care  -  which  in  turn
places  great  demands  on  nursing  competencies.  Other  countries are
responding to these changes by requiring the baccalaureate degree as  an
entry  requirement  for  nursing  licensure  while other professions are
demanding master and doctoral degrees  as  their  entry  point.  Several
recent  research  studies  clearly  demonstrate the added value of addi-
tional education in relation to improved  patient  outcomes;  one  study
demonstrates  that  each ten percent increase in the number of baccalau-
reate prepared nurses results in a five  percent  decrease  in  surgical
patient  deaths.  Therefore,  the  legislature  finds that expending the
educational requirements for the profession of nursing, while  maintain-
ing the multiple entry points into the profession, is needed.  This bill
affects  future nurses graduating from associate degree or diploma nurs-
ing programs who would be required to obtain a baccalaureate in  nursing

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03462-01-9

A. 2079                             2

within  ten  years  of initial licensure. All current nurses licensed in
New York and students in programs preparing for registered  professional
nursing  are  to be exempt from the new requirement. This legislation is
mirrored after the progressive education requirement for teachers in New
York  state. Numerous regulatory and accrediting bodies have recommended
this change as a means  to  address  sophisticated  patient  care  needs
resulting from shorter lengths of stay, higher acuity and more sophisti-
cated  interventions.  This  proposal is the result of a growing body of
research evidence that additional education results  in  better  patient
outcomes.  Therefore by requiring the baccalaureate degree for continued
registration as a registered professional nurse this bill  seeks  to  be
responsive  to  meet  the  increasingly complex health care needs of the
residents of New York state.
  S 2. Subdivision 2 of section 6905 of the education law, as amended by
chapter 994 of the laws of 1971 and such section as renumbered by  chap-
ter 50 of the laws of 1972, is amended to read as follows:
  (2)  Education: have received an education, and a diploma or degree in
professional nursing, in accordance with the commissioner's regulations,
AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL  LICENSURE  IN  ACCORDANCE
WITH  THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS DISCRETION,
MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL  REQUIRE-
MENT  WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL  REGISTRA-
TION.  THE  DURATION  OF  SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR  NO  MORE  THAN
ONE  ADDITIONAL  YEAR.  ANY  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT  SUCH
REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
  S 3. The provisions of this act shall not apply to:
  a. any student entering a generic program preparing registered profes-
sional nurses after the effective date of this act;
  b. any student currently enrolled in, or having an application pending
in, a program preparing registered nurses as of the  effective  date  of
this act;
  c.  any  person already licensed as a registered professional nurse or
any unlicensed graduate professional nurse who is eligible to  take  the
National  Council Licensure Examination as of the effective date of this
act.
  S 4. This act shall take effect immediately and  the  commissioner  of
education  is  authorized to promulgate any rule or regulation necessary
to implement the provisions of this act.

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

                                 2079--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M.  of  A.  MORELLE,  DelMONTE,  PHEFFER, TOWNS, JAFFEE,
  ESPAILLAT, PERRY, KOON, CARROZZA, MAGNARELLI, SPANO, ROSENTHAL, CUSICK
  -- Multi-Sponsored by -- M. of A. ALFANO, CAHILL, CYMBROWITZ, DESTITO,
  ENGLEBRIGHT, FIELDS, HEASTIE, HOOPER, HOYT, JEFFRIES,  KOLB,  LATIMER,
  LIFTON,  LUPARDO,  MILLER,  J. RIVERA, ROBINSON, STIRPE, WEISENBERG --
  read once and referred to the Committee on Higher Education -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

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:

  Section 1. The legislature hereby finds and  declares  that  with  the
increasing  complexity  of  the  American  healthcare system and rapidly
expanding technology, the  educational  preparation  of  the  registered
professional  nurse  must  be  expanded. The nurse of the future must be
prepared to partner with multiple  disciplines  as  a  collaborator  and
manager  of  the complex patient care journey. Shorter lengths of stays,
higher patient acuity, and more sophisticated  technologies  and  proce-
dures  are  increasing  the  complexity  of patient care - which in turn
places great  demands  on  nursing  competencies.  Other  countries  are
responding  to these changes by requiring the baccalaureate degree as an
entry requirement for nursing  licensure  while  other  professions  are
demanding  master  and  doctoral  degrees  as their entry point. Several
recent research studies clearly demonstrate the  added  value  of  addi-
tional  education  in  relation  to improved patient outcomes; one study
demonstrates that each ten percent increase in the number  of  baccalau-
reate  prepared  nurses  results  in a five percent decrease in surgical
patient deaths. Therefore, the  legislature  finds  that  expanding  the
educational  requirements for the profession of nursing, while maintain-
ing the multiple entry points into the profession, is needed.  This bill

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03462-02-9

A. 2079--A                          2

affects future nurses graduating from associate degree or diploma  nurs-
ing  programs who would be required to obtain a baccalaureate in nursing
within ten years of initial licensure. All current  nurses  licensed  in
New  York and students in programs preparing for registered professional
nursing are to be exempt from the new requirement. This  legislation  is
mirrored after the progressive education requirement for teachers in New
York  state. Numerous regulatory and accrediting bodies have recommended
this change as a means  to  address  sophisticated  patient  care  needs
resulting from shorter lengths of stay, higher acuity and more sophisti-
cated  interventions.  This  proposal is the result of a growing body of
research evidence that additional education results  in  better  patient
outcomes.  Therefore by requiring the baccalaureate degree for continued
registration as a registered professional nurse this bill  seeks  to  be
responsive  to  meet  the  increasingly complex health care needs of the
residents of New York state.
  S 2. Subdivision 2 of section 6905 of the education law, as amended by
chapter 994 of the laws of 1971 and such section as renumbered by  chap-
ter 50 of the laws of 1972, is amended to read as follows:
  (2)  Education: have received an education, and a diploma or degree in
professional nursing, in accordance with the commissioner's regulations,
AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL  LICENSURE  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S REGULATIONS. IN ITS DISCRETION, THE DEPARTMENT
MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL  REQUIRE-
MENT  WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL  REGISTRA-
TION.  THE  DURATION  OF  SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR  NO  MORE  THAN
ONE  ADDITIONAL  YEAR.  ANY  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT  SUCH
REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
  S 3. The provisions of this act shall not apply to:
  a. any student entering a generic program preparing registered profes-
sional nurses after the effective date of this act;
  b. any student currently enrolled in, or having an application pending
in, a program preparing registered nurses as of the  effective  date  of
this act;
  c.  any  person already licensed as a registered professional nurse or
any unlicensed graduate professional nurse who is eligible to  take  the
National  Council Licensure Examination as of the effective date of this
act.
  S 4. This act shall take effect immediately and  the  commissioner  of
education  is  authorized to promulgate any rule or regulation necessary
to implement the provisions of this act.