S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3520--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2017
                                ___________
 
 Introduced  by Sen. FLANAGAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00932-02-7

 S. 3520--A                          2
 
 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.
   § 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, UNLESS THE APPLICANT CAN SHOW GOOD CAUSE  FOR  NON-
 COMPLIANCE  ACCEPTABLE  TO THE DEPARTMENT.  ANY LICENSEE WHO IS NOTIFIED
 OF THE DENIAL OF A REGISTRATION FOR FAILURE TO COMPLETE  THE  ADDITIONAL
 EDUCATIONAL  REQUIREMENTS 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;
   § 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.
   § 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.