Senate Bill S1769

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

                                  1769

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- 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  mandatory  continuing
  education for nurses

  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.  MANDATORY  CONTINUING  EDUCATION FOR REGISTERED PROFESSIONAL
NURSES. 1. (A) EACH  LICENSED  REGISTERED  PROFESSIONAL  NURSE  REQUIRED
UNDER  THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRAC-
TICE IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY CONTINU-
ING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. NURS-
ES WHO DO NOT SATISFY THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENTS
SHALL  NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE BEEN
ISSUED A REGISTRATION CERTIFICATE, EXCEPT  THAT  A  NURSE  MAY  PRACTICE
WITHOUT  HAVING  MET  SUCH  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDI-
TIONAL REGISTRATION CERTIFICATE PURSUANT TO SUBDIVISION  THREE  OF  THIS
SECTION.
  (B)  REGISTERED PROFESSIONAL NURSES SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT FOR THE TRIENNIAL  REGISTRATION  PERIOD
DURING  WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF THIS
SECTION, ADJUSTMENT TO THE MANDATORY  CONTINUING  EDUCATION  REQUIREMENT
MAY  BE  GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY AN
APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED REGISTERED PROFESSIONAL NURSE NOT ENGAGED IN PRACTICE
AS DETERMINED BY THE DEPARTMENT, SHALL  BE  EXEMPT  FROM  THE  MANDATORY
CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07953-01-9
              

S. 1769                             2

DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF REGISTERED PROFESSIONAL NURSING DURING THE  TRIENNIAL  REGISTRA-
TION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
SION  AND  SHALL  MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  SHALL  COMPLETE  A  MINIMUM  OF  FORTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
SECTION,  PROVIDED  THAT  NO  MORE THAN FIFTEEN HOURS OF SUCH CONTINUING
EDUCATION SHALL CONSIST OF SELF-STUDY COURSES.  ANY  REGISTERED  PROFES-
SIONAL  NURSE WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE
OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH  EFFECTIVE  DATE,
SHALL  COMPLETE  CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE
RATE OF ONE AND ONE QUARTER HOUR PER  MONTH  FOR  THE  PERIOD  BEGINNING
JANUARY FIRST, TWO THOUSAND TEN UP TO THE FIRST REGISTRATION DATE THERE-
AFTER.  A LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCA-
TION  REQUIREMENTS  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIF-
ICATE BY THE DEPARTMENT AND  SHALL  NOT  PRACTICE  UNLESS  AND  UNTIL  A
CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDI-
VISION THREE OF THIS SECTION.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
EDUCATION AND WHO PRACTICES REGISTERED PROFESSIONAL NURSING WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL  COURSES  OF  LEARNING WHICH
CONTRIBUTE TO PROFESSIONAL PRACTICE AS A REGISTERED  PROFESSIONAL  NURSE
AND  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE COMMIS-
SIONER.
  5. REGISTERED PROFESSIONAL NURSES SHALL MAINTAIN  ADEQUATE  DOCUMENTA-
TION  OF  COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE.
  S  2.  This  act  shall take effect January 1, 2010; provided that any
rules and regulations necessary to implement the provisions of this  act
on  its  effective  date  are authorized and directed to be promulgated,
repealed and/or amended by such effective date.