S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7128--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 23, 2021
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, LUPARDO, PAULIN, MAGNARELLI, COLTON,
   THIELE, BRONSON, COOK, RA, J. M. GIGLIO, McDONOUGH, WOERNER, LUNSFORD,
   STIRPE, BUTTENSCHON, CLARK, HUNTER -- Multi-Sponsored by -- M.  of  A.
   ABBATE,  ABINANTI, PERRY -- read once and referred to the Committee on
   Higher Education -- recommitted to the Committee on  Higher  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, the state finance law, the public
   health law, the retirement and social security law, and the  tax  law,
   in  relation  to  establishing  the  "recruit,  empower, support, pay,
   educate, connect and train (RESPECT) nurses act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "recruit,
 empower, support, pay, educate, connect and train (RESPECT) nurses act".
   § 2. Subdivisions 1 and 4 of  section  669-e  of  the  education  law,
 subdivision 1 as amended by chapter 329 of the laws of 2018 and subdivi-
 sion  4  as amended by section 1 of part BB of chapter 56 of the laws of
 2018, are amended to read as follows:
   1. Undergraduate students who are matriculated in an  approved  under-
 graduate   program   leading   to   a  career  in  science,  technology,
 engineering, NURSING or mathematics at a New York state public  institu-
 tion  of  higher  education  for  the purpose of subdivision two of this
 section, or a New York state  private  degree  granting  institution  of
 higher  education  for the purpose of subdivision two-a of this section,
 shall be eligible for an award under this section, provided  the  appli-
 cant:  (a) graduates from a high school located in New York state during
 or after the two thousand thirteen--fourteen school year; and (b) gradu-
 ates within the top ten percent of his or her high school class; and (c)
 enrolls in full-time study each term beginning in the  fall  term  after
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09575-02-2
              
             
                          
                 A. 7128--A                          2
 
 his  or  her high school graduation in an approved undergraduate program
 in science, technology, engineering, NURSING or mathematics, as  defined
 by the corporation, at a New York state institution of higher education;
 and  (d)  signs a contract with the corporation agreeing that his or her
 award will be converted to a student loan in the event the student fails
 to comply with the terms of this program as  set  forth  in  subdivision
 four of this section; and (e) complies with the applicable provisions of
 this article and all requirements promulgated by the corporation for the
 administration of the program.
   4.  The corporation shall convert to a student loan the full amount of
 the award given pursuant to this section, plus interest, according to  a
 schedule  to  be determined by the corporation if: (a) a recipient fails
 to complete an approved undergraduate program  in  science,  technology,
 engineering,  NURSING  or  mathematics or changes majors to a program of
 undergraduate study other  than  in  science,  technology,  engineering,
 NURSING  or  mathematics;  or  (b) upon completion of such undergraduate
 degree program a recipient fails to either (i) complete  five  years  of
 continuous full time employment in the science, technology, engineering,
 NURSING  or  mathematics  field  with a public or private entity located
 within New York state, or (ii) maintain residency in New York state  for
 such  period  of  employment;  or  (c)  a  recipient fails to respond to
 requests by the corporation for the status of his  or  her  academic  or
 professional  progress.  The  terms  and  conditions of this subdivision
 shall be deferred for individuals who  graduate  with  a  degree  in  an
 approved  undergraduate  program  in  science,  technology, engineering,
 NURSING or mathematics and enroll on at least a  half-time  basis  in  a
 graduate or higher degree program or other professional licensure degree
 program  until  they  are conferred a degree, and shall also be deferred
 for any interruption in undergraduate study or employment as established
 by the rules and regulations of the corporation. The  terms  and  condi-
 tions of this subdivision may also be deferred for a grace period, to be
 established  by the corporation, following the completion of an approved
 undergraduate program in science, technology,  engineering,  NURSING  or
 mathematics  a  graduate  or higher degree program or other professional
 licensure degree program. Any obligation to comply with such  provisions
 as  outlined  in  this  section shall be cancelled upon the death of the
 recipient. Notwithstanding any provisions of  this  subdivision  to  the
 contrary,  the  corporation  is authorized to promulgate rules and regu-
 lations to provide for the waiver or suspension of any  financial  obli-
 gation which would involve extreme hardship.
   §  3.  The education law is amended by adding a new section 679-c-1 to
 read as follows:
   § 679-C-1. NURSING SHORTAGE AREA SCHOLARSHIP. 1. PURPOSE. THE NEW YORK
 STATE NURSING SHORTAGE AREA SCHOLARSHIP IS HEREBY  ESTABLISHED  FOR  THE
 PURPOSE  OF  GRANTING  SCHOLARSHIPS  TO  STUDENTS  ENROLLED IN A NURSING
 PROGRAM WITHIN THE STATE.
   2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
   A. BE A NEW YORK STATE RESIDENT;
   B. HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL;
   C. BE ENROLLED, ON A FULL-TIME BASIS,  IN  AN  APPROVED  UNDERGRADUATE
 NURSING  PROGRAM OF STUDY IN A NEW YORK STATE POST-SECONDARY INSTITUTION
 AS OF THE TWO THOUSAND TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE  ACADEMIC
 YEAR OR THEREAFTER; AND
   D.  SIGN  A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE AND PRAC-
 TICE EXCLUSIVELY IN THE STATE AS A  REGISTERED  NURSE  IN  A  HEALTHCARE
 SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
 A. 7128--A                          3
 
   3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
 PURSUANT  TO  THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO
 ENTER OR CONTINUE IN AN UNDERGRADUATE NURSING  PROGRAM  OF  STUDY.  SUCH
 AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN THE FOLLOWING PRIORITY:
   (I)  FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
 ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD  ACADEMIC  STAND-
 ING; AND
   (II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
 TO  REACH  THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
 AWARD LETTER.
   HOWEVER, IN THE PROGRAM'S FIRST  YEAR,  FIRST  PRIORITY  SHALL  BE  IN
 ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   B.  THE  REGENTS,  AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A  SHORTAGE  OF
 NURSES FOR THE PURPOSES OF THIS SUBDIVISION, AND, SHOULD IT BE NECESSARY
 MAY  ESTABLISH  RELATIVE  RANKINGS  OF  THOSE AREAS, SHALL DETERMINE THE
 NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT THAT THE
 AWARDS ARE DISTRIBUTED TO  ENSURE  APPROPRIATE  DISTRIBUTION  AMONG  THE
 AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
   4.  AWARD.  A.  THE  CORPORATION  SHALL GRANT SUCH AWARDS IN AN AMOUNT
 EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF  NEW  YORK
 STATE  ENROLLED  IN  A  NURSING  PROGRAM  OF  STUDY CHARGED BY THE STATE
 UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS,  IN
 CALCULATING  SUCH  AWARD  THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
 COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A  STUDENT  WHO  RECEIVES
 EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS  THAT COVER THE STUDENT'S FULL
 COST OF ATTENDANCE SHALL  NOT  BE  ELIGIBLE  FOR  AN  AWARD  UNDER  THIS
 PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO-
 LARSHIPS  THAT  COVER  LESS  THAN THE STUDENT'S FULL COST OF ATTENDANCE,
 SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF  THIS
 PROGRAM  AND  MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,
 PROVIDED THAT THE COMBINED BENEFITS DO NOT  EXCEED  THE  STUDENT'S  FULL
 COST  OF  ATTENDANCE;  AND  (III)  AN  AWARD UNDER THIS PROGRAM SHALL BE
 APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS
 AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT
 EQUAL  TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION
 OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER  THE  AMOUNT
 OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI-
 ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
 TION.
   B.  THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
 THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO  A
 SCHEDULE  TO  BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
 TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
 OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE  PROGRAM  A
 RECIPIENT  FAILS  TO  EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
 TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED  NURSING  SHORTAGE
 AREA  WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
 FOR SUCH PERIOD OF EMPLOYMENT; OR (III) A RECIPIENT FAILS TO RESPOND  TO
 REQUESTS  BY  THE  CORPORATION  FOR THE STATUS OF HIS OR HER ACADEMIC OR
 PROFESSIONAL PROGRESS. THE TERMS  AND  CONDITIONS  OF  THIS  SUBDIVISION
 SHALL  BE  DEFERRED  FOR  INDIVIDUALS  WHO  GRADUATE WITH A DEGREE IN AN
 APPROVED UNDERGRADUATE PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-
 TIME BASIS IN A GRADUATE NURSING OR HIGHER DEGREE  NURSING  PROGRAM  AND
 SHALL  ALSO  BE  DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR
 EMPLOYMENT AS ESTABLISHED BY THE RULES AND  REGULATIONS  OF  THE  CORPO-
 A. 7128--A                          4
 
 RATION.  THE  TERMS  AND  CONDITIONS  OF  THIS  SUBDIVISION  MAY ALSO BE
 DEFERRED FOR A GRACE PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION,
 FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN NURSING
 OR  A  GRADUATE NURSING OR HIGHER DEGREE NURSING PROGRAM. ANY OBLIGATION
 TO COMPLY WITH SUCH PROVISIONS AS OUTLINED  IN  THIS  SECTION  SHALL  BE
 CANCELLED  UPON  THE  DEATH  OF  THE  RECIPIENT.    NOTWITHSTANDING  ANY
 PROVISIONS OF THIS SUBDIVISION  TO  THE  CONTRARY,  THE  CORPORATION  IS
 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER
 OR  SUSPENSION  OF  ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME
 HARDSHIP.
   5. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGU-
 LATIONS,  AND  MAY  PROMULGATE  EMERGENCY REGULATIONS, NECESSARY FOR THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS  SECTION,  INCLUDING,  BUT  NOT
 LIMITED  TO,  THE  RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT
 LOAN AND THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY  INCLUDE  A
 LOTTERY  OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   § 4. The education law is amended by adding a new section  679-c-2  to
 read as follows:
   §  679-C-2.  PATHWAY TO NURSING SCHOLARSHIP FOR HEALTHCARE WORKERS. 1.
 PURPOSE. THE NEW YORK STATE PATHWAY TO  NURSING  SCHOLARSHIP  IS  HEREBY
 ESTABLISHED FOR THE PURPOSE OF GRANTING SCHOLARSHIPS TO STUDENTS WHO ARE
 CURRENTLY  EMPLOYED  AS  A  HEALTHCARE  WORKER  WITHIN  THE  STATE. SUCH
 STUDENTS MUST BE ENROLLED IN AN UNDERGRADUATE NURSING PROGRAM ON A PART-
 TIME BASIS OR AN APPROVED PRACTICAL NURSING PROGRAM OF STUDY IN NEW YORK
 STATE. THE INTENT OF THE PROGRAM IS  TO  AUGMENT  OR  INCREASE  TRAINING
 PROGRAMS  FOR  NURSES  AND THOSE SEEKING TO BECOME NURSES. GRANT FUNDING
 SHALL NOT BE USED TO OFFSET EXISTING  EXPENDITURES  THE  INSTITUTION  OR
 PROGRAM HAS OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
   2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
   A. BE A NEW YORK STATE RESIDENT;
   B.  BE  CURRENTLY  EMPLOYED AS AN ELIGIBLE HEALTHCARE PROFESSIONAL, AS
 DETERMINED BY THE PRESIDENT;
   C. BE, AS OF THE TWO THOUSAND  TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE
 ACADEMIC  YEAR OR THEREAFTER, ENROLLED IN EITHER: (I) AN APPROVED UNDER-
 GRADUATE NURSING PROGRAM OF STUDY, ON A PART-TIME BASIS, IN A  NEW  YORK
 STATE  POST-SECONDARY INSTITUTION; OR (II) AN APPROVED PRACTICAL NURSING
 PROGRAM OF STUDY IN NEW YORK STATE; AND
   D. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE  AND  PRAC-
 TICE  EXCLUSIVELY  IN  THE  STATE  AS A REGISTERED NURSE IN A HEALTHCARE
 SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
   3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
 PURSUANT TO THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO  APPLICANTS  TO
 ENTER  OR  CONTINUE  IN  AN  UNDERGRADUATE  NURSING OR PRACTICAL NURSING
 PROGRAM OF STUDY. SUCH AWARDS SHALL BE MADE TO  ELIGIBLE  APPLICANTS  IN
 THE FOLLOWING PRIORITY:
   (I)  FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
 ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD  ACADEMIC  STAND-
 ING; AND
   (II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
 TO  REACH  THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
 AWARD LETTER.
   HOWEVER, IN THE PROGRAM'S FIRST  YEAR,  FIRST  PRIORITY  SHALL  BE  IN
 ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
   B.  THE  REGENTS,  AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A  SHORTAGE  OF
 A. 7128--A                          5
 
 NURSES FOR THE PURPOSES OF THIS SUBDIVISION AND, SHOULD IT BE NECESSARY,
 MAY ESTABLISH RELATIVE RANKINGS OF THOSE AREAS. THE REGENTS SHALL DETER-
 MINE THE NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT
 THAT THE AWARDS ARE DISTRIBUTED TO ENSURE APPROPRIATE DISTRIBUTION AMONG
 THE AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
   4.  AWARD.  A.  THE  CORPORATION  SHALL GRANT SUCH AWARDS IN AN AMOUNT
 EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF  NEW  YORK
 STATE  ENROLLED  IN  A  NURSING  PROGRAM  OF  STUDY CHARGED BY THE STATE
 UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS,  IN
 CALCULATING  SUCH  AWARD  THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
 COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A  STUDENT  WHO  RECEIVES
 EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS  THAT COVER THE STUDENT'S FULL
 COST OF ATTENDANCE SHALL  NOT  BE  ELIGIBLE  FOR  AN  AWARD  UNDER  THIS
 PROGRAM;
   (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS
 THAT  COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS
 AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM  AND
 MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
 THE  COMBINED  BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
 ANCE; AND
   (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED  TO  TUITION  AFTER
 THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED
 TO  TUITION  AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL
 GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF  AN  AWARD  UNDER  THIS
 PROGRAM,  THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE
 AWARD.  NO  AWARD  SHALL  BE  FINAL  UNTIL  THE  RECIPIENT'S  SUCCESSFUL
 COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
   B.  THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
 THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO  A
 SCHEDULE  TO  BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
 TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
 OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE  PROGRAM  A
 RECIPIENT  FAILS  TO  EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
 TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED  NURSING  SHORTAGE
 AREA  WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
 FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS  TO  RESPOND  TO
 REQUESTS  BY  THE  CORPORATION  FOR THE STATUS OF HIS OR HER ACADEMIC OR
 PROFESSIONAL PROGRESS.
   C. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED  FOR
 INDIVIDUALS  WHO  GRADUATE  WITH  A  DEGREE IN AN APPROVED UNDERGRADUATE
 PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-TIME BASIS IN A  GRADU-
 ATE  NURSING OR HIGHER DEGREE NURSING PROGRAM AND SHALL ALSO BE DEFERRED
 FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOYMENT AS ESTABLISHED
 BY THE RULES AND REGULATIONS OF THE CORPORATION. THE  TERMS  AND  CONDI-
 TIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE
 ESTABLISHED  BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED
 UNDERGRADUATE PROGRAM IN NURSING OR A GRADUATE NURSING OR HIGHER  DEGREE
 NURSING  PROGRAM.  ANY  OBLIGATION  TO  COMPLY  WITH  SUCH PROVISIONS AS
 OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIP-
 IENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE  CONTRA-
 RY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
 PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH
 WOULD INVOLVE EXTREME HARDSHIP.
   5. STIPENDS. A. THE PRESIDENT  IS  AUTHORIZED  TO  GRANT  STIPENDS  TO
 STUDENTS  RECEIVING AN AWARD PURSUANT TO THIS SECTION. STIPENDS SHALL BE
 AWARDED AS FOLLOWS:
 A. 7128--A                          6
   (I) A STIPEND OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS AND NOT  MORE
 THAN TWO HUNDRED DOLLARS FOR EACH DAY THE STUDENT ATTENDS SCHOOL;
   (II) A STIPEND IN AN AMOUNT TO COVER THE COST OF SUCH STUDENT'S TRANS-
 PORTATION TO AND FROM SCHOOL;
   (III)  A  STIPEND  IN  AN AMOUNT TO COVER CHILD CARE SERVICES FOR SUCH
 STUDENT, IF SUCH STUDENT HAS ONE OR MORE CHILDREN; AND
   (IV) A STIPEND IN AN AMOUNT TO COVER TUTORING SERVICES.
   B. STIPENDS GRANTED PURSUANT TO THIS SUBDIVISION ARE  NOT  SUBJECT  TO
 THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION.
   6.  RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS, AND MAY PROMULGATE EMERGENCY  REGULATIONS,  NECESSARY  FOR  THE
 IMPLEMENTATION  OF  THE  PROVISIONS  OF THIS SECTION, INCLUDING, BUT NOT
 LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT  OF  THE  STUDENT
 LOAN  AND  THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE A
 LOTTERY OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED  PURSU-
 ANT TO SUBDIVISION TWO OF THIS SECTION.
   §  5. Paragraphs 2 and 3 of subdivision a and subdivision b of section
 679-d of the education law, as amended by section 2 of part E-3 of chap-
 ter 57 of the laws of 2007, are amended to read as follows:
   (2) To be eligible for an award pursuant to this  subdivision,  appli-
 cants  shall  (i)  be  licensed as a registered professional nurse; (ii)
 have an outstanding student loan debt  from  a  nursing  degree  program
 acquired  on  or  after  January  first,  two thousand one; (iii) have a
 master's degree in nursing or doctoral degree  that  qualified  them  as
 nursing  faculty  or  adjunct  clinical  faculty;  (iv) be employed as a
 faculty member at a nursing school located in New York  state;  and  (v)
 comply  with  [subdivisions  three  and] SUBDIVISION five of section six
 hundred sixty-one of this part.
   (3) An award of [eight] FIFTEEN thousand dollars shall be made annual-
 ly to recipients who have provided classroom or clinical instruction  of
 not  less than twelve academic credit hours, or its equivalent, as nurs-
 ing faculty or in clinical teaching service in the academic year preced-
 ing the granting of the award, provided that no recipient shall  receive
 cumulative  awards, pursuant to this section, in excess of [forty] SIXTY
 thousand dollars.
   b. Duration. Loan forgiveness awards shall be made annually to  appli-
 cants  whom  the  corporation has certified are eligible to receive such
 awards and have provided  nursing  faculty  or  clinical  nurse  faculty
 services required pursuant to this article; provided that no award shall
 be granted for more than [five] FOUR years.
   §  6.  The education law is amended by adding a new section 679-d-1 to
 read as follows:
   § 679-D-1. NEW YORK STATE NURSING SHORTAGE LOAN FORGIVENESS  INCENTIVE
 PROGRAM. A. PURPOSE. (1) THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVE-
 NESS  AWARDS  FOR  THE  PURPOSE  OF  INCREASING THE NUMBER OF REGISTERED
 PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE  PRACTITIONERS
 WORKING FOR HEALTHCARE PROVIDERS OR FACILITIES IN A SETTING OR REGION OF
 THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES.
   (2)  TO  BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVISION, APPLI-
 CANTS SHALL (I) BE LICENSED AS A  REGISTERED  PROFESSIONAL  NURSE;  (II)
 HAVE  AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED NURSING PROGRAM
 AS OF JANUARY FIRST, TWO THOUSAND TWO; (III) BE EMPLOYED AS A NURSE BY A
 HEALTHCARE PROVIDER OR FACILITY IN  THE  STATE;  AND  (IV)  COMPLY  WITH
 SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART.
   (3)  AN  AWARD  OF  EIGHT  THOUSAND  DOLLARS SHALL BE MADE ANNUALLY TO
 RECIPIENTS WHO HAVE PRACTICED ON A  FULL-TIME  BASIS  IN  A  SETTING  OR
 A. 7128--A                          7
 REGION  OF  THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES PURSUANT
 TO SUBDIVISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND  SUBDI-
 VISION  THREE  OF  SECTION SIX HUNDRED SEVENTY-NINE-C-2 OF THIS CHAPTER,
 PROVIDED  THAT NO RECIPIENT SHALL RECEIVE CUMULATIVE AWARDS, PURSUANT TO
 THIS SECTION, IN EXCESS OF FORTY THOUSAND DOLLARS.
   (4) AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR OTHER AWARDS.
   B. DURATION. LOAN FORGIVENESS AWARDS SHALL BE MADE ANNUALLY TO  APPLI-
 CANTS  WHOM  THE  CORPORATION HAS CERTIFIED ARE ELIGIBLE TO RECEIVE SUCH
 AWARDS AND HAVE PROVIDED NURSING  SERVICES  REQUIRED  PURSUANT  TO  THIS
 ARTICLE;  PROVIDED  THAT  NO  AWARD  SHALL BE GRANTED FOR MORE THAN FIVE
 YEARS.
   C. AMOUNT. THE CORPORATION SHALL GRANT SUCH AWARDS WITHIN THE  AMOUNTS
 APPROPRIATED  FOR  SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS IN AN
 AMOUNT NOT TO EXCEED THE TOTAL COST OF THE STUDENT LOAN DEBT.
   § 7. Article 14 of the education law is amended by adding a new part 6
 to read as follows:
                                  PART VI
         NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
 SECTION 694-C. DEFINITIONS.
         694-D. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
         694-E. PROGRAM ELIGIBILITY.
         694-F. PROGRAM.
         694-G. REPAYMENT.
   § 694-C. DEFINITIONS. FOR PURPOSES OF THIS PART, THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EDUCATION  LOAN" SHALL MEAN ANY STUDENT LOAN THAT THE STATE REFI-
 NANCES UNDER THE PROGRAM  THAT  WAS  OBTAINED  BY  A  BORROWER  FOR  THE
 PURPOSES  OF  ACQUIRING  AN  UNDERGRADUATE  NURSING AND GRADUATE NURSING
 DEGREE FROM A COLLEGE OR UNIVERSITY  LOCATED  IN  THE  STATE,  PROVIDED,
 HOWEVER,  THAT  LOANS  PROVIDED  BY  THE  FEDERAL  GOVERNMENT,  OR LOANS
 PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT  FEDERAL  LOAN
 INTEREST RATE SHALL NOT BE ELIGIBLE FOR REFINANCING UNDER THE PROGRAM.
   2.  "PARTICIPANT"  SHALL  MEAN  AN INDIVIDUAL WHO HAS INCURRED STUDENT
 LOAN DEBT FROM A LENDING INSTITUTION OR LENDER  TO  COVER  THE  COST  OF
 TUITION  ASSOCIATED  WITH  AN UNDERGRADUATE NURSING AND GRADUATE NURSING
 DEGREE FROM A COLLEGE OR UNIVERSITY LOCATED IN THE STATE AND HAS APPLIED
 TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE IN THE PROGRAM.
   3. "LENDING INSTITUTION" OR "LENDER" SHALL MEAN ANY  ENTITY  THAT  HAS
 ITSELF  OR  THROUGH  AN  AFFILIATE PROVIDED STUDENT LOANS TO AN ELIGIBLE
 PARTICIPANT.
   4. "PROGRAM" SHALL MEAN THE NEW  YORK  NURSING  FACULTY  STUDENT  LOAN
 REFINANCING PROGRAM.
   5.  "FUND"  SHALL MEAN THE NEW YORK NURSING FACULTY STUDENT LOAN REFI-
 NANCING PROGRAM FUND ESTABLISHED PURSUANT TO SECTION  NINETY-NINE-OO  OF
 THE STATE FINANCE LAW.
   §  694-D.  NEW  YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
 1. THE NEW YORK NURSING FACULTY  STUDENT  LOAN  REFINANCING  PROGRAM  IS
 HEREBY ESTABLISHED FOR THE PURPOSES OF RELIEVING STUDENT DEBT BY DIRECT-
 LY PAYING AN ELIGIBLE PARTICIPANT'S LOAN DEBT TO THE LENDING INSTITUTION
 OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY PAYMENTS WILL BE DEPOS-
 ITED IN THE FUND.
   2.  THE  CORPORATION  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE
 ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
 WITH THE OFFICE OF THE COMPTROLLER.
   3. THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR  ELIGI-
 BLE  PARTICIPANTS,  OTHER  THAN  THOSE  SPECIFIED IN SECTION SIX HUNDRED
 A. 7128--A                          8
 
 NINETY-FOUR-E OF THIS PART, SHALL SET A  FIXED  INTEREST  RATE  FOR  THE
 REPAYMENT  OF  REFINANCED  LOANS,  WHICH SHALL BE LOWER THAN THE AVERAGE
 MARKET RATE FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH  AN  APPLICA-
 TION PROCESS FOR THE PROGRAM.
   4.  THE  CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT DEFERMENT AND
 FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
   § 694-E. PROGRAM ELIGIBILITY.  TO  BE  ELIGIBLE  FOR  THIS  PROGRAM  A
 PARTICIPANT SHALL:
   1. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
   2.  HAVE  AN  OUTSTANDING  STUDENT  LOAN  DEBT  FROM  A NURSING DEGREE
 PROGRAM;
   3. HAVE A MASTER'S DEGREE IN NURSING OR DOCTORAL DEGREE FROM A COLLEGE
 OR UNIVERSITY IN THE STATE THAT QUALIFIED THEM  AS  NURSING  FACULTY  OR
 ADJUNCT CLINICAL FACULTY;
   4. BE EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW
 YORK STATE;
   5.  AGREE  TO  SIGN  A CONTRACT WITH THE CORPORATION TO ALLOW A DIRECT
 WITHDRAWAL OF PAYMENTS FROM THEIR PAY CHECKS UNTIL THE  DEBT  OBLIGATION
 IS PAID IN FULL; AND
   6. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO PROVIDED CLASSROOM
 OR  CLINICAL  INSTRUCTION OF NOT LESS THAN TWELVE ACADEMIC CREDIT HOURS,
 OR ITS EQUIVALENT, AS NURSING FACULTY OR IN  CLINICAL  TEACHING  SERVICE
 FOR AT LEAST FIVE ACADEMIC YEARS.
   §  694-F.  PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
 LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS'  EDUCATION
 LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
 PROGRAM IN AMOUNTS NOT TO EXCEED FIFTY THOUSAND DOLLARS PER PARTICIPANT.
   2.  LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT OR
 THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
 AT OR LOWER THAN THE CURRENT FEDERAL LOAN INTEREST  RATE  SHALL  NOT  BE
 ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
   §  694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF THE
 DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
 RATION ACCORDING TO THE FOLLOWING:
   A. DURING THE FIRST FIVE YEARS OF PARTICIPATION IN  THE  PROGRAM,  THE
 PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
 EACH OF THOSE YEARS;
   B.  DURING  THE  NEXT  FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
 PARTICIPANT SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR  DURING
 EACH OF THOSE YEARS;
   C.  DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR THEREAFTER
 UNTIL THE DEBT OBLIGATION IS PAID IN FULL,  THE  PARTICIPANT  SHALL  PAY
 EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
   2.  THERE  SHALL  BE  NO  PRE-PAYMENT  PENALTIES UNDER THE PROGRAM AND
 REPAYMENT SCHEDULES MAY BE CALCULATED AT A HIGHER  PERCENTAGE  RATE  PER
 YEAR OF SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A FASTER REPAYMENT
 OPTION.
   § 8. The state finance law is amended by adding a new section 99-oo to
 read as follows:
   §  99-OO.  NEW  YORK  NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
 FUND. 1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW  YORK
 STATE  HIGHER  EDUCATION  SERVICES CORPORATION, IN CONSULTATION WITH THE
 STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
 YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
   2. ALL MONIES RECEIVED  PURSUANT  TO  THE  NEW  YORK  NURSING  FACULTY
 STUDENT  LOAN  REFINANCING  PROGRAM SHALL BE DEPOSITED INTO THE FUND AND
 A. 7128--A                          9
 
 SHALL BE MANAGED PURSUANT TO PART SIX OF ARTICLE FOURTEEN OF THE  EDUCA-
 TION LAW.
   3.  ALL  NECESSARY  RULES  AND REGULATIONS FOR THE SUCCESSFUL ADMINIS-
 TRATION, INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED  BY
 THE  NEW  YORK STATE HIGHER EDUCATION SERVICES CORPORATION, IN CONSULTA-
 TION WITH THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE.
   § 9. The public health law is amended by adding a new  section  2801-i
 to read as follows:
   §  2801-I.  NURSE TRAINING; CERTAIN REQUIRED TRAINING. 1. EACH GENERAL
 HOSPITAL AND NURSING HOME LICENSED PURSUANT TO THE  PROVISIONS  OF  THIS
 ARTICLE  WHICH  OFFERS  CLINICAL  PLACEMENTS FOR REGISTERED PROFESSIONAL
 NURSES, LICENSED PRACTICAL  NURSES,  NURSE  PRACTITIONERS  OR  CERTIFIED
 NURSE  SPECIALISTS  MAY  NOT  CHARGE ANY FEE FOR SUCH CLINICAL PLACEMENT
 EITHER TO THE STUDENT, OR TO THE INSTITUTION, FOR ANY COSTS IT INCURS IN
 HOSTING SUCH CLINICAL HOURS.
   2. NOTHING CONTAINED HEREIN, SHALL PREVENT A HOSPITAL FROM CHARGING AN
 INSTITUTION AN ADMINISTRATIVE FEE FOR THE PROVISION OF ADMINISTRATIVE OR
 RECORDKEEPING REQUIREMENTS AS PART OF THE PROGRAM PROVIDED SUCH  AMOUNTS
 DO NOT EXCEED ONE THOUSAND DOLLARS PER ANNUM.
   3.  THE  COMMISSIONER  SHALL  BE  EMPOWERED  TO PROMULGATE REGULATIONS
 NECESSARY TO ENSURE ACCESS TO SUCH  CLINICAL  PLACEMENTS  AND  SHALL  BE
 EMPOWERED TO PROMULGATE SUCH REGULATIONS ON AN EMERGENCY BASIS.
   §  10.  The  education  law is amended by adding a new section 6912 to
 read as follows:
   § 6912. AUTHORIZATION FOR THE USE OF SIMULATION  TRAINING.    NOTWITH-
 STANDING  ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMIS-
 SIONER SHALL BE AUTHORIZED TO PERMIT NO MORE THAN FIFTY PERCENT  OF  THE
 CLINICAL  TRAINING  REQUIREMENTS  FOR  LICENSURE OR LICENSE RENEWAL AS A
 PRACTICAL NURSE, REGISTERED PROFESSIONAL NURSE, NURSE  PRACTITIONER,  OR
 CLINICAL NURSE SPECIALIST TO BE SATISFIED THROUGH SIMULATION TRAINING IN
 SUCH FORM AS THE DEPARTMENT SHALL REQUIRE.
   § 11. Section 212 of the retirement and social security law is amended
 by adding a new subdivision 4 to read as follows:
   4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
 SECTION, SUCH EARNING LIMITATIONS SHALL NOT APPLY TO  A  RETIRED  PERSON
 WHO  IS  LICENSED  AS  A  REGISTERED  PROFESSIONAL  NURSE  AND CURRENTLY
 EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED  IN  NEW  YORK
 STATE.
   §  12.  Subsection  (i)  of  section  601 of the tax law is relettered
 subsection (j) and a new subsection (i) is added to read as follows:
   (I) A RETIRED PERSON, AS DEFINED BY SECTION TWO  HUNDRED  TEN  OF  THE
 RETIREMENT  AND  SOCIAL  SECURITY LAW, SUBJECT TO THE PROVISIONS OF THIS
 SECTION, WHO IS LICENSED AS A REGISTERED PROFESSIONAL NURSE AND CURRENT-
 LY EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW YORK
 STATE SHALL HAVE NO MORE THAN ONE-HALF OF THEIR TAXABLE INCOME TAXED  BY
 THE STATE.
   §  13.  Temporary  authorization  for  the  teaching of nurse courses.
 Notwithstanding any other law, rule or regulation to the contrary, for a
 period not to exceed five years from the effective date of this section,
 the department of education shall allow an eligible  registered  profes-
 sional nurse to teach nursing courses at an institution of higher educa-
 tion.  To be eligible, such registered professional nurse shall have the
 necessary credentials and years of work experience as determined by  the
 department of education.
   §  14.  Section  6502  of the education law is amended by adding a new
 subdivision 8 to read as follows:
 A. 7128--A                         10
 
   8. 1. A. NOTWITHSTANDING ANY OTHER LAW,  RULE  OR  REGULATION  TO  THE
 CONTRARY,  THE  COMMISSIONER  SHALL  BE  AUTHORIZED  TO ALLOW REGISTERED
 PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE  PRACTITIONERS
 LICENSED  AND  IN CURRENT GOOD STANDING IN NEW YORK STATE BUT NOT REGIS-
 TERED  IN  NEW YORK STATE TO PRACTICE IN NEW YORK STATE WITHOUT CIVIL OR
 CRIMINAL PENALTY RELATED TO LACK OF  REGISTRATION,  PROVIDED  THAT  SUCH
 REGISTERED  PROFESSIONAL  NURSES,  LICENSED  PRACTICAL NURSES, AND NURSE
 PRACTITIONERS GAIN DIRECT  EMPLOYMENT  WITH  A  HEALTHCARE  PROVIDER  OR
 FACILITY  IN A SETTING OR REGION OF THE STATE DESIGNATED BY THE REGENTS,
 IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, AS HAVING A SHORTAGE OF
 NURSES.
   B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 THE COMMISSIONER SHALL BE AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS
 WHO  HAVE  AN  UNENCUMBERED  LICENSE AND IN CURRENT GOOD STANDING IN NEW
 YORK STATE BUT NOT REGISTERED IN NEW YORK STATE TO PRACTICE IN NEW  YORK
 STATE WITHOUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF REGISTRATION,
 PROVIDED  THAT  SUCH  CLINICAL  NURSE SPECIALISTS GAIN DIRECT EMPLOYMENT
 WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING  OR  REGION  OF  THE
 STATE  DESIGNATED  BY THE REGENTS, IN CONSULTATION WITH THE COMMISSIONER
 OF HEALTH, AS HAVING A SHORTAGE OF NURSES.
   2. SUCH REGISTERED PROFESSIONAL  NURSES,  LICENSED  PRACTICAL  NURSES,
 NURSE PRACTITIONERS, AND CLINICAL NURSE SPECIALISTS SHALL BE REQUIRED TO
 FULFILL THE REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND ARTI-
 CLE  ONE  HUNDRED  THIRTY-NINE  OF  THIS CHAPTER NO LATER THAN TWO YEARS
 AFTER GAINING SUCH EMPLOYMENT.
   3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
 AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SUBDIVISION.
   §  15.  The  education  law is amended by adding a new section 6517 to
 read as follows:
   § 6517. NURSES NOT LICENSED BY THE STATE. 1.  (A) NOTWITHSTANDING  ANY
 OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE
 AUTHORIZED  TO  ALLOW  REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND
 NURSE PRACTITIONERS AND SUBSTANTIALLY SIMILAR  TITLES  LICENSED  AND  IN
 CURRENT  GOOD  STANDING IN ANY STATE IN THE UNITED STATES TO PRACTICE IN
 NEW YORK STATE, OR ANY PROVINCE OR TERRITORY OF  CANADA,  OR  ANY  OTHER
 COUNTRY AS APPROVED BY THE DEPARTMENT OF HEALTH, TO PRACTICE IN NEW YORK
 STATE  WITHOUT  CIVIL  OR CRIMINAL PENALTY RELATED TO LACK OF LICENSURE,
 PROVIDED THAT SUCH REGISTERED PROFESSIONAL  NURSES,  LICENSED  PRACTICAL
 NURSES,  AND  NURSE  PRACTITIONERS AND SUBSTANTIALLY SIMILAR TITLES GAIN
 DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING OR
 REGION IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDIVISION
 THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION  THREE  OF
 SECTION SIX HUNDRED SEVENTY-NINE-C-2.
   (B) SUCH REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRAC-
 TITIONERS  AND SUBSTANTIALLY SIMILAR TITLES SHALL BE REQUIRED TO FULFILL
 THE LICENSURE AND REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND
 ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO LATER THAN TWO  YEARS
 AFTER GAINING SUCH EMPLOYMENT.
   2.  (A)  NURSES  NOT CERTIFIED BY THE STATE. NOTWITHSTANDING ANY OTHER
 LAW, RULE OR REGULATION TO  THE  CONTRARY,  THE  COMMISSIONER  SHALL  BE
 AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR
 TITLES CERTIFIED AND IN CURRENT GOOD STANDING IN ANY STATE IN THE UNITED
 STATES,  OR ANY PROVINCE OR TERRITORY OF CANADA, OR ANY OTHER COUNTRY AS
 APPROVED BY THE DEPARTMENT OF HEALTH TO PRACTICE IN NEW YORK STATE WITH-
 OUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF CERTIFICATION, PROVIDED
 A. 7128--A                         11
 
 THAT SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND
 NURSE PRACTITIONERS GAIN DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR
 FACILITY IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO  SUBDIVI-
 SION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION THREE
 OF SECTION SIX HUNDRED SEVENTY-NINE-C-2.
   (B)  SUCH  CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR TITLES
 SHALL BE REQUIRED TO FULFILL THE CERTIFICATION REQUIREMENTS PURSUANT  TO
 THIS  ARTICLE  AND  ARTICLE  ONE  HUNDRED THIRTY-NINE OF THIS CHAPTER NO
 LATER THAN TWO YEARS AFTER GAINING SUCH EMPLOYMENT.
   3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
 AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION.
   § 16. The public health law is amended by adding a new section 2807-mm
 to read as follows:
   §  2807-MM.  NURSE  LOAN REPAYMENT PROGRAM. 1. (A) FUNDS SHALL BE MADE
 AVAILABLE, SUBJECT TO APPROPRIATIONS, FOR PURPOSES OF LOAN REPAYMENT  IN
 ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS SECTION. NOTWITHSTANDING ANY
 CONTRARY PROVISION OF THIS ARTICLE, SECTIONS ONE HUNDRED TWELVE AND  ONE
 HUNDRED  SIXTY-THREE  OF  THE  STATE  FINANCE LAW, OR ANY OTHER CONTRARY
 PROVISION OF LAW, SUCH FUNDING SHALL BE ALLOCATED  BY  THE  COMMISSIONER
 AMONG AREAS IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDI-
 VISION  THREE  OF  SECTION  SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION
 THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-2 AND SHALL  BE  DISTRIBUTED
 IN  A  MANNER TO BE DETERMINED BY THE COMMISSIONER WITHOUT A COMPETITIVE
 BID OR REQUEST FOR PROPOSAL PROCESSES.
   (B) TO BE ELIGIBLE FOR SUCH FUNDING AN APPLICANT SHALL:
   (I) BE A NEW YORK STATE RESIDENT;
   (II) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
   (III) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED  NURSING
 PROGRAM AS OF JANUARY FIRST, TWO THOUSAND TWO;
   (IV) BE EMPLOYED AS A NURSE BY A NURSING HOME LICENSED PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE; AND
   (V)  SIGN  A CONTRACT WITH THE DEPARTMENT AGREEING TO RESIDE AND PRAC-
 TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN  A  NURSING  HOME
 SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
   (C)  APPLICANTS SHALL RECEIVE FUNDING FOR UP TO TWENTY-FIVE PERCENT OF
 THEIR TOTAL QUALIFIED DEBT. ANNUAL PAYMENTS TO  SUCH  NURSES  SHALL  NOT
 EXCEED  EIGHT  THOUSAND  DOLLARS  PER YEAR AND NOT EXCEED THE TOTAL LOAN
 DEBT HELD BY THE NURSE.
   (D) WHEN A NURSE IS NOT ACTUALLY PRACTICING IN SUCH AN AREA, HE OR SHE
 SHALL BE DEEMED TO BE PRACTICING IN SUCH AN AREA IF HE OR SHE  PRACTICES
 IN A NURSING FACILITY THAT PRIMARILY SERVES AN UNDERSERVED POPULATION AS
 DETERMINED BY THE COMMISSIONER, WITHOUT REGARD TO WHETHER THE POPULATION
 OR NURSING FACILITY IS LOCATED IN SUCH AN AREA. SUCH FUNDING MAY BE USED
 TO  REPAY  EDUCATIONAL  LOANS  INCURRED BY SUCH NURSES OR TO SUPPORT THE
 COSTS INCURRED BY SUCH NURSES TO JOIN FACILITIES LOCATED IN SUCH AREAS.
   (E) LOAN REPAYMENT AWARDS MADE TO A NURSE PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION SHALL NOT EXCEED THE TOTAL QUALIFYING OUTSTANDING  DEBT
 OF  THE  NURSE  FROM  STUDENT  LOANS  TO COVER TUITION AND OTHER RELATED
 EDUCATIONAL EXPENSES MADE BY OR  GUARANTEED  BY  THE  FEDERAL  OR  STATE
 GOVERNMENT,  OR  MADE  BY  A LENDING OR EDUCATIONAL INSTITUTION APPROVED
 UNDER TITLE IV OF THE  FEDERAL  HIGHER  EDUCATION  ACT.  LOAN  REPAYMENT
 AWARDS SHALL BE USED SOLELY TO REPAY SUCH OUTSTANDING DEBT.
   2.  IN THE EVENT THAT A FOUR-YEAR COMMITMENT PURSUANT TO THE AGREEMENT
 REFERENCED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS  SECTION  IS  NOT
 A. 7128--A                         12
 
 FULFILLED, THE RECIPIENT SHALL BE RESPONSIBLE FOR REPAYMENT IN FULL PLUS
 INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE COMMISSIONER.
   3.  THE  COMMISSIONER  MAY POSTPONE, CHANGE OR WAIVE THE SERVICE OBLI-
 GATION AND REPAYMENT AMOUNTS IN INDIVIDUAL CIRCUMSTANCES WHERE THERE  IS
 COMPELLING NEED OR HARDSHIP.
   4.  IN  MAKING CRITERIA AND DETERMINATIONS AS TO WHETHER AN AREA IS AN
 UNDERSERVED AREA OR WHETHER A NURSING HOME PRIMARILY  SERVES  AN  UNDER-
 SERVED  POPULATION,  THE  COMMISSIONER  MAY  MAKE  SEPARATE CRITERIA AND
 DETERMINATIONS FOR DIFFERENT SPECIALTIES.
   § 17. The public health  law  is  amended  by  adding  a  new  section
 2807-mmm to read as follows:
   §  2807-MMM. NURSING PRECEPTOR SUPPORT FUND. 1. DEFINITIONS. A. "NURS-
 ING PRECEPTOR CLINICIAN"  MEANS  A  (I)  REGISTERED  PROFESSIONAL  NURSE
 LICENSED  PURSUANT  TO  SECTION SIXTY-NINE HUNDRED FIVE OF THE EDUCATION
 LAW, (II) NURSE PRACTITIONER CERTIFIED PURSUANT  TO  SECTION  SIXTY-NINE
 HUNDRED  TEN  OF  THE  EDUCATION LAW, OR (III) CLINICAL NURSE SPECIALIST
 CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED ELEVEN OF THE EDUCATION
 LAW, OR, WHO PROVIDES A CLINICAL PRECEPTORSHIP OR PRECEPTORSHIPS.
   B. "NURSING CLINICAL PRECEPTORSHIP" MEANS A CLINICAL NURSING  PRACTICE
 SUPERVISED  BY  A  NURSING  PRECEPTOR  CLINICIAN  FOR  NURSING  STUDENTS
 ENROLLED IN A NEW YORK STATE BASED EDUCATIONAL PROGRAM APPROVED PURSUANT
 TO TITLE EIGHT OF THE EDUCATION LAW TO BECOME A REGISTERED  PROFESSIONAL
 NURSE,  NURSE  PRACTITIONER,  OR  CLINICAL  NURSE  SPECIALIST, AND WHICH
 PRECEPTORSHIP PROVIDES PRECEPTOR INSTRUCTION.
   2. NURSING PRECEPTOR SUPPORT FUND.  A.  NOTWITHSTANDING  ANY  CONTRARY
 PROVISION  OF  THIS SECTION, SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
 SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY PROVISION OF
 LAW, SUCH FUNDING SHALL BE ALLOCATED  TO  HOSPITALS  AND  NURSING  HOMES
 LICENSED  PURSUANT  TO  THE PROVISIONS OF THIS ARTICLE IN A MANNER TO BE
 DETERMINED BY THE COMMISSIONER.
   B. FUNDING AWARDED PURSUANT TO THE PROVISIONS OF  THIS  SECTION  SHALL
 NOT  EXCEED  TWO  HUNDRED  THOUSAND  DOLLARS FOR ANY HOSPITAL OR NURSING
 HOME.  AWARDS SHALL BE USED TO:
   (I) PROVIDE ADDITIONAL COMPENSATION TO PRECEPTORS;
   (II) PROVIDE STIPENDS TO  STUDENTS  ENROLLED  IN  A  NURSING  GRADUATE
 PROGRAM  OF  STUDY  LOCATED  IN  THE  STATE  TO PROVIDE NURSING CLINICAL
 PRECEPTORSHIPS;
   (III) ENSURE NURSING PRECEPTOR CLINICIANS ARE GIVEN A  CERTAIN  NUMBER
 OF  DEDICATED  HOURS,  TO  BE DETERMINED BY THE COMMISSIONER, TO MONITOR
 NURSING STUDENTS AND TEACH THE  DIDACTIC  PORTION  OF  NURSING  CLINICAL
 PRECEPTORSHIPS; AND
   (IV) COVER THE COSTS ASSOCIATED WITH ANY CONTINUING EDUCATION REQUIRE-
 MENTS THE NURSING PRECEPTOR CLINICIAN MUST SATISFY.
   §  18. The public health law is amended by adding a new section 2801-j
 to read as follows:
   § 2801-J. NURSING RESIDENCY PROGRAM IN HOSPITALS  AND  NURSING  HOMES.
 1.  EACH  GENERAL  HOSPITAL  AND  NURSING  HOME LICENSED PURSUANT TO THE
 PROVISIONS OF THIS ARTICLE MAY PARTNER WITH A POST-SECONDARY INSTITUTION
 WITHIN THE STATE TO CREATE A PROPOSAL FOR THE DEVELOPMENT AND  IMPLEMEN-
 TATION  OR  IMPROVEMENT AND CONTINUATION OF A NURSING RESIDENCY PROGRAM.
 SUCH PROPOSALS SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT.
   2. THE PURPOSE OF SUCH NURSING RESIDENCY PROGRAMS SHALL BE  TO  ASSIST
 RECENT  GRADUATES  TRANSITION  TO  SPECIALTY  PRACTICE  AREAS AS WELL AS
 ASSIST EXPERIENCED NURSES IN  TRANSITIONING  TO  A  DIFFERENT  SPECIALTY
 PRACTICE AREA.
 A. 7128--A                         13
   3.  THE  DEPARTMENT  SHALL,  IN COLLABORATION WITH THE STATE EDUCATION
 DEPARTMENT, DETERMINE IF THE PROPOSALS SUBMITTED APPROPRIATELY  INCORPO-
 RATE AN EVIDENCE-BASED CURRICULUM DESIGNED TO DECREASE TURNOVER, IMPROVE
 DECISION-MAKING  SKILLS,  ENHANCE CLINICAL NURSING LEADERSHIP PRACTICES,
 PROMOTE  THE USE OF RESEARCH-BASED EVIDENCE INTO PRACTICE AND ACCOMPLISH
 ANY OTHER GOALS AS DETERMINED BY THE COMMISSIONER.
   4. IF THE COMMISSIONER DETERMINES THE PROPOSALS SUBMITTED SATISFY  THE
 PURPOSE  AND  CRITERIA  DETAILED  IN  SUBDIVISIONS TWO AND THREE OF THIS
 SECTION, THE COMMISSIONER MAY RELEASE FUNDS TO THE GENERAL  HOSPITAL  OR
 NURSING  HOME WHICH SUBMITTED THE PLAN TO OFFSET THE COSTS OF DEVELOPING
 AND IMPLEMENTING THE NURSING RESIDENCY PROGRAM.
   5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
 AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS SECTION.
   § 19. 1. The  commissioner  of  education  in  consultation  with  the
 commissioner  of  health  is hereby authorized and directed to conduct a
 study on the  reasons  registered  professional  nurses  are  no  longer
 employed in a health care setting and if there is an incentive or incen-
 tives  that  would encourage registered professional nurses to return to
 employment in a health care setting. Such study shall include,  but  not
 be limited to:
   (a)  the  demographics  of  registered  professional nurses who are no
 longer employed in a health care setting, including, but not limited  to
 age, race, gender and place of residence;
   (b)  the reasons registered professional nurses are no longer employed
 in a health care setting, including, but not  limited  to  stress,  work
 hours, location of employment and salary;
   (c)  the number of registered professional nurses who are not employed
 in a health care setting; and
   (d) the  incentive  or  incentives  that  would  encourage  registered
 professional nurses to return to employment in a health care setting.
   2. Within one year of the effective date of this act, the commissioner
 of  education  shall  post  a  report  on  the department of education's
 website and deliver such report to the governor, the temporary president
 of the senate, the speaker of the assembly, the minority leader  of  the
 senate and the minority leader of the assembly. The report shall include
 recommendations  for  legislation and administrative actions that can be
 undertaken to retain or encourage registered professional nurses to work
 in a health care setting.
   § 20. This act shall take effect immediately.