Assembly Bill A3945

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

                                  3945

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced  by  M.  of A. MORELLE, JAFFEE, PERRY, MAGNARELLI, ROSENTHAL,
  CUSICK, GUNTHER, ORTIZ, PAULIN, LAVINE, TITONE,  DINOWITZ,  GOTTFRIED,
  MILLER,  BENEDETTO,  BRONSON,  BROOK-KRASNY,  GALEF, COLTON, BRINDISI,
  SKARTADOS, McDONALD, STIRPE, GOLDFEDER, SEPULVEDA, FAHY -- Multi-Spon-
  sored by -- M. of A.  ABINANTI,  BARCLAY,  BRAUNSTEIN,  CAHILL,  COOK,
  CURRAN, CYMBROWITZ, DenDEKKER, ENGLEBRIGHT, FINCH, FITZPATRICK, HEAST-
  IE,  HOOPER,  JOHNS,  KOLB, LIFTON, LUPARDO, MAGEE, MALLIOTAKIS, McDO-
  NOUGH, MONTESANO,  NOLAN,  PRETLOW,  RAIA,  RAMOS,  RIVERA,  ROBINSON,
  RUSSELL, SCHIMEL, TEDISCO, TENNEY, 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
patient deaths. Therefore, the  legislature  finds  that  expanding  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04729-01-5
              

A. 3945                             2

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.