S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  417--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, GOTTFRIED, CAHILL, JAFFEE, DINOWITZ,
   GUNTHER, ABINANTI, GALEF, MAGNARELLI, WEPRIN, RODRIGUEZ, ORTIZ,  CRES-
   PO,  STECK,  L. ROSENTHAL,  FAHY,  LAVINE,  PICHARDO, CARROLL, D'URSO,
   GARBARINO, BYRNE, BLAKE, WOERNER -- Multi-Sponsored by  --  M.  of  A.
   FRIEND,  LUPARDO,  PERRY,  THIELE  --  read  once  and referred to the
   Committee on Higher Education -- recommitted to the Committee on High-
   er Education in accordance with Assembly Rule 3, sec. 2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the education law, in relation to mandatory continuing
   education for nurses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The education law is amended by adding a new section 6912
 to read as follows:
   § 6912. MANDATORY CONTINUING  EDUCATION  FOR  REGISTERED  PROFESSIONAL
 NURSES.  1.  (A)  EACH  LICENSED  REGISTERED PROFESSIONAL NURSE REQUIRED
 UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO  PRAC-
 TICE IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY CONTINU-
 ING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
 EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. NURS-
 ES  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
 SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE  BEEN
 ISSUED  A  REGISTRATION  CERTIFICATE,  EXCEPT  THAT A NURSE MAY PRACTICE
 WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE  IS  ISSUED  A  CONDI-
 TIONAL  REGISTRATION  CERTIFICATE  PURSUANT TO SUBDIVISION THREE OF THIS
 SECTION.
   (B) REGISTERED PROFESSIONAL NURSES SHALL BE EXEMPT FROM THE  MANDATORY
 CONTINUING  EDUCATION  REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
 DURING WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03835-02-0

 A. 417--A                           2
 
 SECTION,  ADJUSTMENT  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT
 MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED  BY  AN
 APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   (C)  A  LICENSED REGISTERED PROFESSIONAL NURSE NOT ENGAGED IN PRACTICE
 AS DETERMINED BY THE DEPARTMENT, SHALL  BE  EXEMPT  FROM  THE  MANDATORY
 CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE
 DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
 TICE OF REGISTERED PROFESSIONAL NURSING DURING THE  TRIENNIAL  REGISTRA-
 TION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFES-
 SION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS  AS  SHALL  BE
 PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   2.  DURING  EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
 TRATION SHALL COMPLETE A  MINIMUM  OF  FORTY-FIVE  HOURS  OF  ACCEPTABLE
 FORMAL  CONTINUING  EDUCATION,  AS SPECIFIED IN SUBDIVISION FOUR OF THIS
 SECTION. ANY REGISTERED PROFESSIONAL NURSE WHOSE FIRST REGISTRATION DATE
 FOLLOWING THE EFFECTIVE DATE OF THIS  SECTION  OCCURS  LESS  THAN  THREE
 YEARS  FROM  SUCH  EFFECTIVE  DATE,  SHALL COMPLETE CONTINUING EDUCATION
 HOURS ON A PRORATED BASIS AT THE RATE OF ONE AND ONE  QUARTER  HOUR  PER
 MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE UP
 TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
 FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
 A  TRIENNIAL  REGISTRATION  CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT
 PRACTICE UNLESS AND UNTIL  A  CONDITIONAL  REGISTRATION  CERTIFICATE  IS
 ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
   3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
 LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
 EDUCATION AND WHO PRACTICES REGISTERED PROFESSIONAL NURSING WITHOUT SUCH
 REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
 CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL COURSES OF LEARNING THAT ARE
 ACCEPTABLE TO THE DEPARTMENT, INCLUDING COURSES  IN  AN  ACCREDITED  AND
 APPROVED  REGISTERED  PROFESSIONAL NURSING DEGREE OR CERTIFICATE PROGRAM
 AND COURSES PROVIDED BY ANY OF THE FOLLOWING ORGANIZATIONS:
   (A) A NATIONALLY ACCREDITED PROVIDER OF NURSING CONTINUING EDUCATION;
   (B) AN ORGANIZATION OR AGENCY THAT IS APPROVED BY A NATIONALLY ACCRED-
 ITED PROVIDER OF NURSING CONTINUING EDUCATION;
   (C) A SCHOOL OF NURSING APPROVED BY THE DEPARTMENT;
   (D) A NATIONAL NURSING ORGANIZATION; OR
   (E) A PROVIDER OF CONTINUING EDUCATION THAT IS RECOGNIZED  BY  ANOTHER
 STATE'S BOARD OF NURSING.
   5.  REGISTERED  PROFESSIONAL NURSES SHALL MAINTAIN ADEQUATE DOCUMENTA-
 TION OF COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION  AND  SHALL
 PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
   6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
 SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-

 A. 417--A                           3

 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
 FEE REQUIRED BY SECTION SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE.
   §  2.  This  act  shall take effect January 1, 2021; provided that any
 rules and regulations necessary to implement the provisions of this  act
 on  its  effective  date  are authorized and directed to be promulgated,
 repealed and/or amended by such effective date.