The New York State Senate

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

                                  3103

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M.  of A. MORELLE, JAFFEE, PERRY, MAGNARELLI, ROSENTHAL,
  CUSICK, GUNTHER,  CAMARA,  ORTIZ,  GIBSON,  PAULIN,  KELLNER,  CASTRO,
  LAVINE,  TITONE, DINOWITZ, GOTTFRIED, MAISEL, MILLER, STEVENSON, BENE-
  DETTO, BRONSON, BROOK-KRASNY, GALEF, COLTON, BRINDISI  --  Multi-Spon-
  sored  by  --  M.  of  A. ABINANTI, BARCLAY, BRAUNSTEIN, CAHILL, COOK,
  CURRAN, CYMBROWITZ, DenDEKKER, ENGLEBRIGHT, FINCH, FITZPATRICK, HEAST-
  IE, HEVESI, HOOPER, JOHNS, KOLB, LIFTON,  LOSQUADRO,  LUPARDO,  MAGEE,
  MALLIOTAKIS,  McDONOUGH,  MILLMAN,  MONTESANO,  NOLAN,  PRETLOW, RAIA,
  RAMOS, RIVERA, ROBINSON, RUSSELL, SCHIMEL, SWEENEY,  TEDISCO,  TENNEY,
  WEISENBERG,  ZEBROWSKI  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02884-01-3

A. 3103                             2

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
legislation  affects  future  nurses graduating from associate degree or
diploma nursing 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 sophisticated interventions. This proposal is the result of a grow-
ing 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
legislation 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 baccalaureate program preparing
registered professional 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.