senate Bill S3738B

2011-2012 Legislative Session

Requires mandatory continuing education for nurses

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2012 reported and committed to finance
Jan 30, 2012 print number 3738b
amend and recommit to higher education
Jan 04, 2012 referred to higher education
Jun 08, 2011 print number 3738a
amend and recommit to higher education
Mar 02, 2011 referred to higher education

Votes

view votes

May 1, 2012 - Higher Education committee Vote

S3738B
16
0
committee
16
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Higher Education committee vote details

Higher Education Committee Vote: May 1, 2012

aye wr (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S3738 - Bill Details

See Assembly Version of this Bill:
A9910
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6911, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1769

S3738 - Bill Texts

view summary

Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice.

view sponsor memo
BILL NUMBER:S3738

TITLE OF BILL:

An act
to amend the education law, in relation to mandatory continuing
education for nurses

PURPOSE:

To promote competence and accountability in nurses by requiring
registered professional nurses to complete 45 hours of continuing
education every 3 years.

SUMMARY OF PROVISIONS:

The bill amends the education law by adding a new section 6911 to
require registered professional nurses to complete 45 hours of
continuing education in each triennial registration period.

JUSTIFICATION:

This legislation will mandate continuing education for nurses at a
minimum of 45 hours of acceptable formal continuing education every
three years. This requirement will provide nurses with the most
current educational information in their field and ensure that they
continue high levels of professional competence.

LEGISLATIVE HISTORY:

2009-10 S.1769; 2007-08, S.3900; 2005-2006, S.2964; 2003-2004, S.2559;
2001-2002, S.3107.

FISCAL IMPLICATIONS:

Nurses will pay a $45 fee to the State Education Department to cover
the administrative costs associated with implementing this requirement.

EFFECTIVE DATE:

This act shall take effect January 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3738

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

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.
                                                           LBD09680-01-1

S. 3738                             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  TWELVE UP TO THE FIRST REGISTRATION DATE
THEREAFTER.  A LICENSEE WHO HAS NOT SATISFIED THE  MANDATORY  CONTINUING
EDUCATION  REQUIREMENTS  SHALL  NOT  BE  ISSUED A TRIENNIAL REGISTRATION
CERTIFICATE 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, 2012; 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.

S3738A - Bill Details

See Assembly Version of this Bill:
A9910
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6911, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1769

S3738A - Bill Texts

view summary

Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice.

view sponsor memo
BILL NUMBER:S3738A

TITLE OF BILL:

An act
to amend the education law, in relation to mandatory continuing
education for nurses

PURPOSE:

To promote competence and accountability in nurses by requiring
registered professional nurses to complete 45 hours of continuing
education every 3 years.

SUMMARY OF PROVISIONS:

The bill amends the education law by adding a new section 6911 to
require registered professional nurses to complete 45 hours of
continuing education in each triennial registration period.

JUSTIFICATION:

This legislation will mandate continuing education for nurses at a
minimum of 45 hours of acceptable formal continuing education every
three years. This requirement will provide nurses with the most
current educational information in their field and ensure that they
continue high levels of professional competence.

LEGISLATIVE HISTORY:

2009-10 S.1769; 2007-08, S.3900; 2005-2006, S.2964; 2003-2004, S.2559;
2001-2002, S.3107.

FISCAL IMPLICATIONS:

Nurses will pay a $45 fee to the State Education Department to cover
the administrative costs associated with implementing this requirement.

EFFECTIVE DATE:

This act shall take effect January 1, 2012.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3738--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09680-02-1

S. 3738--A                          2

  (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
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. ANY REGISTERED PROFESSIONAL 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 TWELVE UP  TO
THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED
THE  MANDATORY  CONTINUING  EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A
TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRAC-
TICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS  ISSUED
AS PROVIDED FOR IN SUBDIVISION 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 THAT ARE
ACCEPTABLE TO THE DEPARTMENT, INCLUDING COURSES  IN  AN  ACCREDITED  AND
APPROVED  REGISTERED PROFESSIONAL NURSING DEGREE OR CERTIFICATE PROGRAM,
WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE AS A  REGISTERED  PROFESSIONAL
NURSE  AND  WHICH  MEET  THE  STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER.
  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, 2012; 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.

S3738B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9910
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §6911, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S1769

S3738B (ACTIVE) - Bill Texts

view summary

Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice.

view sponsor memo
BILL NUMBER:S3738B

TITLE OF BILL:

An act to amend the education law, in relation to mandatory continuing
education for nurses

PURPOSE:

To promote competence and accountability in nurses by requiring regis-
tered professional nurses to complete 45 hours of continuing education
every 3 years.

SUMMARY OF PROVISIONS:

The bill amends the education law by adding a new section 6911 to
require registered professional nurses to complete 45 hours of continu-
ing education in each triennial registration period.

JUSTIFICATION:

This legislation will mandate continuing education for nurses at a mini-
mum of 45 hours of acceptable formal continuing education every three
years. This requirement will provide nurses with the most current educa-
tional information in their field and ensure that they continue high
levels of professional competence.

LEGISLATIVE HISTORY:

2009-10: S.1769
2007-08: S.3900
2005-06: S.2964
2003-04: S.2559
2001-02: S.3107

FISCAL IMPLICATIONS:

Nurses will pay a $45 fee to the State Education Department to cover
the administrative costs associated with implementing this requirement.

EFFECTIVE DATE:

This act shall take effect January 1, 2013.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3738--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 2, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- recommitted to the Committee on High-
  er Education in accordance with Senate Rule 6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09680-03-2

S. 3738--B                          2

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
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. ANY REGISTERED PROFESSIONAL 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 THIRTEEN UP
TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
A TRIENNIAL REGISTRATION CERTIFICATE BY THE  DEPARTMENT  AND  SHALL  NOT
PRACTICE  UNLESS  AND  UNTIL  A  CONDITIONAL REGISTRATION CERTIFICATE IS
ISSUED AS PROVIDED FOR IN SUBDIVISION 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  THAT  ARE
ACCEPTABLE  TO  THE  DEPARTMENT,  INCLUDING COURSES IN AN ACCREDITED AND
APPROVED REGISTERED PROFESSIONAL NURSING DEGREE OR CERTIFICATE  PROGRAM,
WHICH  CONTRIBUTE  TO PROFESSIONAL PRACTICE AS A REGISTERED PROFESSIONAL
NURSE AND WHICH MEET THE STANDARDS  PRESCRIBED  BY  REGULATIONS  OF  THE
COMMISSIONER.
  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,  2013;  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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.