senate Bill S628

2013-2014 Legislative Session

Relates to the educational preparation for practice of professional nursing

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Archive: Last Bill Status - STRICKEN


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2013 recommit, enacting clause stricken
Jan 09, 2013 referred to higher education

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S628 - Bill Details

See Assembly Version of this Bill:
A3103
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง6905, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2553A, A1977B
2009-2010: S1074, A2079B

S628 - Bill Texts

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Requires registered professional nurses to attain a baccalaureate degree in nursing within ten years of their initial licensure; provides exemptions for those currently licensed or enrolled in nursing programs.

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BILL NUMBER:S628

TITLE OF BILL:
An act
to amend the education law, in relation to the educational preparation
for practice of professional nursing

PURPOSE:
To expand the educational preparation of registered
professional nurses to require that a baccalaureate degree be
obtained within ten years after initial licensure while maintaining
the multiple entry points into the profession.

SUMMARY OF LEGISLATION:
Section 1. Delineates the requirement and
rationale for obtaining a baccalaureate degree within ten years of
original licensure

Section 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 chapter 50 of the laws of 1972, is amended.

1) make provision for SED to issue a conditional registration to a
licensee who fails to complete the baccalaureate degree but who
agrees to meet the additional requirement within a year;

2) outline the additional fee for such conditional registration;

3) provide for a one year conditional registration which may be
extended, with the payment of a fee, for no more than one additional
year;

4) call for disciplinary proceedings to be taken against any licensee
who is notified of the denial of registration for failure to complete
the additional educational requirements and who practices as a
registered professional nurse without such registration under section
sixty-five hundred ten of this title.

Section 3, Outlines that 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; and

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.

Section 4. Effective Date

JUSTIFICATION:
The National Advisory Council on Nursing Education and
Practice, policy advisors to Congress and the U.S. Secretary of


Health and Education recommended that by 2010, two-thirds of nurses
should hold a baccalaureate or higher degree, This position was based
on their analysis of evolving needs associated with patient care and
public protection.

Shorter lengths of stays, higher patient acuity, and more
sophisticated technologies and procedures 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 additional education
in relation to improved patient outcomes. One study demonstrates that
each ten percent increase in the number of baccalaureate prepared
nurses results in a five percent decrease in surgical patient deaths.

The New York State Board for Nursing, recognizing the evolving needs
associated with patient care, unanimously passed a motion in December
2003, recommending that statutory change be sought requiring future
licensed registered professional nurses to attain a baccalaureate
degree in nursing ten years after initial licensure in order to
continue to practice in New York.

The bill is designed to mirror the educational requirements of
teachers in NYS. There is a provision for an extension for cases with
extenuating circumstances that would delay completion of the
additional requirement based on criteria to be established in
commissioner's regulations. This requirement would apply only to
nursing students who enter diploma or associate degree programs after
the bill's implementation date. All current students, or those on
waiting lists to begin the nursing program, will be exempt from the
requirement. All current RN's would be "grandfathered" and their
licenses forever protected from this mandatory additional educational
requirement.

It is not anticipated that this bill would reduce the supply of nurses
in New York,. The grandfathering of those currently licensed would
prevent intensification of the current shortage of nurses. Moreover,
this bill is designed to allow continuation of entry at the associate
degree level-nursing programs that produce a significant percentage
of new graduates and licensees. Indeed it is anticipated that the
increased educational requirement would attract additional recruits
as nursing might be seen as a more viable professional career option
In 2004, data from the Center for Health Workforce Studies at SUNY
Albany showed that over 2,000 qualified students were denied
admission to nursing programs.

Strategies for recruiting future nurses are dependent upon having
adequate numbers of faculty to provide instruction and leadership.
Lack of faculty prevents significant numbers of potential students
from being admitted to nursing programs The average age of NYS
nursing faculty is 53 - many are expected to retire within the next
five years. Advanced education and experience are required for
nurses to serve as faculty in nursing education settings. This bill,
which requires additional education for the continued registration


of RN's, would expand the pool of nurses who could pursue graduate
studies to fill these nursing faculty roles.

In an effort to facilitate the implementation of additional education
for registered professional nurses, the NYS Associate Degree Nursing
Council and the Council of Deans of Nursing, Senior Colleges and
Universities of NYS have actively collaborated to standardize
requirements between the two levels. In December 2004, the Council of
Deans of Nursing, Senior Colleges and Universities adopted the
position that RN's prepared in NYS, associate degree nursing programs
applying to baccalaureate degree programs would be granted
30 nursing credits in addition to liberal arts and sciences credits
that could be applied to the 120 credits for the baccalaureate
degree for prior completion of course work at the associate degree
level.

There are also ever increasing opportunities in New York for distance
learning and other innovative teaching strategies that support the
registered professional nurses in achieving the additional education
required by this bill. Given the enhancements to the compatibility
between associate and baccalaureate nursing programs and the ever
increasing options for advanced placement and distance learning, this
bill can be implemented without disadvantaging future new graduates.

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.

LEGISLATIVE HISTORY:
Similar legislation was previously introduced.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately and the
commissioner is authorized to promulgate any rule or regulation
necessary to implement the provisions of this act.

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

                                   628

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 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
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

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

S. 628                              2

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.

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