S T A T E O F N E W Y O R K
________________________________________________________________________
4411
2021-2022 Regular Sessions
I N A S S E M B L Y
February 4, 2021
___________
Introduced by M. of A. WALCZYK -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, the public health law and the civil
practice law and rules, in relation to requiring applicants for
certain nursing licenses and certifications to complete training in
the prevention of human trafficking
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 305 of the education law is amended by adding a new
subdivision 59 to read as follows:
59. THE COMMISSIONER SHALL CONSULT AND COLLABORATE WITH THE COMMIS-
SIONER OF HEALTH AND APPROPRIATE ORGANIZATIONS THAT HAVE EXPERTISE IN
THE PREVENTION OF HUMAN TRAFFICKING, AS WELL AS OTHER INTERESTED
PARTIES, TO ESTABLISH AND DEVELOP TRAINING WITHIN THE DEPARTMENT RELATED
TO NOTICING SIGNS AND EVIDENCE OF, AND THE PREVENTION OF, HUMAN TRAF-
FICKING. SUCH TRAINING SHALL BE DEFINED BY THE COMMISSIONER IN REGU-
LATIONS AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE DESIGNED
TO EDUCATE THOSE SEEKING THE LICENSE OR CERTIFICATION OF REGISTERED
PROFESSIONAL NURSE, LICENSED PRACTICAL NURSE, CERTIFIED NURSE PRACTI-
TIONER, AND CLINICAL NURSE SPECIALIST. THE TRAINING SHALL BE DEFINED AND
READY FOR USAGE BY LICENSE OR CERTIFICATION APPLICANTS NO LATER THAN
THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 2. Section 206 of the public health law is amended by adding a new
subdivision 31 to read as follows:
31. THE COMMISSIONER SHALL ASSIST THE COMMISSIONER OF EDUCATION AND
CONSULT AND COLLABORATE WITH APPROPRIATE ORGANIZATIONS THAT HAVE EXPER-
TISE IN THE PREVENTION OF HUMAN TRAFFICKING, AS WELL AS OTHER INTERESTED
PARTIES, TO ESTABLISH AND DEVELOP TRAINING WITHIN THE DEPARTMENT OF
EDUCATION RELATED TO NOTICING SIGNS AND EVIDENCE OF, AND THE PREVENTION
OF, HUMAN TRAFFICKING FOR THE PURPOSES OF EDUCATING THOSE SEEKING
LICENSE OR CERTIFICATION AS A REGISTERED PROFESSIONAL NURSE, LICENSED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05053-01-1
A. 4411 2
PRACTICAL NURSE, CERTIFIED NURSE PRACTITIONER, AND CLINICAL NURSE
SPECIALIST.
§ 3. Section 6905 of the education law is amended by adding a new
subdivision 2-a to read as follows:
(2-A) NOTICING THE SIGNS OF AND PREVENTING HUMAN TRAFFICKING: HAVE
COMPLETED TRAINING IN THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
AND APPROVED BY THE DEPARTMENT;
§ 4. Section 6906 of the education law is amended by adding a new
subdivision 2-a to read as follows:
(2-A) NOTICING THE SIGNS OF AND PREVENTING HUMAN TRAFFICKING: HAVE
COMPLETED TRAINING IN THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
AND APPROVED BY THE DEPARTMENT;
§ 5. Subdivision 1 of section 6910 of the education law is amended by
adding a new paragraph (c-1) to read as follows:
(C-1) NOTICING THE SIGNS OF AND PREVENTING HUMAN TRAFFICKING: HAVE
COMPLETED TRAINING IN THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
AND APPROVED BY THE DEPARTMENT;
§ 6. Paragraph (c) of subdivision 1 of section 6911 of the education
law, as added by chapter 364 of the laws of 2013, is amended and a new
paragraph (c-1) is added to read as follows:
(c) (i) have satisfactorily completed an educational program regis-
tered by the department including a master's or doctoral degree, or a
post-master's certificate from a program acceptable to the department
which prepares graduates to practice as CNSs and which is accredited by
a national nursing accredited body acceptable to the department, and
(ii) meets all other requirements established by the department to prac-
tice as a clinical nurse specialist, or (iii) have received educational
preparation determined by the department to be the substantial equiv-
alent of subparagraphs (i) and (ii) of this paragraph; [and]
(C-1) NOTICING THE SIGNS OF AND PREVENTING HUMAN TRAFFICKING: HAVE
COMPLETED TRAINING IN THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
AND APPROVED BY THE DEPARTMENT; AND
§ 7. Paragraph (f) of subdivision 2 of section 1349 of the civil prac-
tice law and rules, as added by chapter 655 of the laws of 1990, is
amended to read as follows:
(f) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of all moneys realized through
forfeiture to the claiming agent in satisfaction of actual costs
incurred for protecting, maintaining and forfeiting the property includ-
ing that proportion of the salaries of attorneys, clerical and investi-
gative personnel devoted thereto AND WITH RESPECT TO ALL MONEYS REALIZED
THROUGH FORFEITURE WHICH ARE REMAINING PURSUANT TO THIS SECTION TO
PROVIDE FOR THE REIMBURSEMENT OF AMOUNTS ACTUALLY EXPENDED FOR THE
DEVELOPMENT OF A TRAINING PROGRAM FOR NURSES RELATING TO HUMAN TRAFFICK-
ING CONTAINED IN SECTIONS SIXTY-NINE HUNDRED FIVE, SIXTY-NINE HUNDRED
SIX, SIXTY-NINE HUNDRED TEN, AND SIXTY-NINE HUNDRED ELEVEN OF THE EDUCA-
TION LAW;
§ 8. This act shall take effect immediately; provided, however, that
sections three, four, five, and six of this act shall take effect three
years after this act shall have become a law.