S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7320
 
                             I N  S E N A T E
 
                              January 5, 2018
                                ___________
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to the educational prepa-
   ration for practice of professional nursing; and to amend chapter  502
   of the laws of 2017, amending the education law relating to the educa-
   tional preparation for practice of professional nursing and creating a
   temporary  nursing  program, in relation to the nursing program evalu-
   ation commission and to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 2 of chapter 502 of the laws of
 2017, amending the education law relating to the educational preparation
 for practice of professional nursing and creating  a  temporary  nursing
 program, is amended to read as follows:
   1.  A  temporary commission, to be known as the nursing program evalu-
 ation commission (hereinafter "commission"), is hereby created  to  make
 recommendations on the following:
   a.  barriers  to  entry  into  nursing,  including, but not limited to
 cultural barriers, economic barriers, and compliance barriers;
   b. the availability and access to  baccalaureate  programs,  including
 such   availability  and  access  for  non-traditional  students,  rural
 students, and students of diverse cultural backgrounds;
   c. the financial barriers to entry into baccalaureate programs; [and]
   d. other alternative  equivalents  through  which  nurses  may  obtain
 training and experience; AND
   E.  THE  IMPACT  OF  REQUIREMENTS  FOR  ACHIEVEMENT OF A BACCALAUREATE
 DEGREE IN ANY LESSER PERIOD OF TIME THAN REQUIRED BY LAW AS CONDITION TO
 MAINTAINING EMPLOYMENT.
   § 2. Subdivision 2 of section 6905 of the education law, as amended by
 chapter 502 of the laws of 2017, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00932-10-8

 S. 7320                             2
 
 degree  or  higher  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 addi-
 tional requirement within one year.  The  fee  for  such  a  conditional
 registration  shall  be the same as, and in addition to, the fee for the
 triennial registration. 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.  THE  DEPARTMENT,
 IN  ITS  DISCRETION,  MAY  ISSUE  A TEMPORARY EDUCATIONAL EXEMPTION TO A
 LICENSEE WHO IS UNABLE TO COMPLETE THE BACCALAUREATE  DEGREE  DUE  TO  A
 LACK  OF  ACCESS TO EDUCATIONAL PROGRAMS.  LICENSEES SEEKING A TEMPORARY
 EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
 OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
 BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT  LEAST  TWO  OCCA-
 SIONS  DUE  TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH DENIALS SHALL
 ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
 THAT THE LICENSEE APPLIED TO.  TEMPORARY EDUCATIONAL  EXEMPTIONS  ISSUED
 PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE FOR A SINGLE TWO YEAR PERIOD.
 LICENSEES SHALL ONLY BE ELIGIBLE FOR EITHER A  CONDITIONAL  REGISTRATION
 OR  A  TEMPORARY  EDUCATIONAL  EXEMPTION.  THE  FEE FOR SUCH A TEMPORARY
 EDUCATIONAL EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE  FEE
 FOR  THE  TRIENNIAL  REGISTRATION.  Any  licensee who is notified of the
 denial of a registration for failure to complete the  additional  educa-
 tional 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. Section 4 of chapter 502 of the laws of 2017, amending the educa-
 tion law relating to the educational preparation for practice of profes-
 sional nursing and creating a temporary nursing program, is  amended  to
 read as follows:
   § 4. 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, BUT
 PRIOR TO THE EFFECTIVE DATE OF SECTION THREE 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. Section 6 of chapter 502 of the laws of 2017, amending the educa-
 tion law relating to the educational preparation for practice of profes-
 sional nursing and creating a temporary nursing program, is  amended  to
 read as follows:
   §  6.  This act shall take effect immediately; provided,  however that
 section three of this act shall take  effect  [eighteen]  THIRTY  months
 after this act shall have become a law.
   §  5.  This  act  shall  take  effect  immediately; provided, however,
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section three of chapter 502 of the laws of 2017 takes
 effect.