S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6717--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by Sens. STAVISKY, GALLIVAN, HARCKHAM, KENNEDY -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Higher Education -- recommitted to the Committee on  Higher  Educa-
   tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the education law, in relation to allowing for a certain
   amount of required clinical training and competency for licensing as a
   registered professional nurse, licensed  practical  nurse,  and  nurse
   practitioner to be completed through simulation experience
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6905  of  the  education  law,  as
 amended  by  chapter  380  of  the  laws  of 2018, 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  or  higher  in  nursing within ten years of initial licensure in
 accordance with the commissioner's regulations, AND HAVE PARTICIPATED IN
 SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT,  AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH  CLINICAL  TRAINING  TO  BE  OBTAINED THROUGH SIMULATION EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION SHALL PROHIBIT THE DEPARTMENT FROM ALLOWING AN EDUCATION PROGRAM
 TO PROVIDE GREATER THAN ONE-THIRD OF SUCH  TRAINING  THROUGH  SIMULATION
 EXPERIENCE  UPON  APPLICATION  BY  THAT  INSTITUTION IN SUCH FORM AS THE
 DEPARTMENT SHALL REQUIRE. The department, in its discretion, may issue a
 conditional registration to a licensee who fails to complete the  bacca-
 laureate degree but who agrees to meet the additional requirement within
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11455-02-2
              

 S. 6717--A                          2
 
 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  baccalau-
 reate degree program or programs and subsequently being denied access to
 such  program or programs on at least two occasions 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 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;
   § 2. Subdivision 2 of section 6906 of the education law, as amended by
 chapter 330 of the laws of 1981, is amended to read as follows:
   (2) Education: have received an education including completion of high
 school or its equivalent, and have  completed  a  program  in  practical
 nursing,   in   accordance   with  the  commissioner's  regulations,  or
 completion of equivalent study  satisfactory  to  the  department  in  a
 program  conducted  by  the  armed  forces of the United States or in an
 approved program in  professional  nursing,  AND  HAVE  PARTICIPATED  IN
 SUPERVISED  CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT, AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH CLINICAL TRAINING TO  BE  OBTAINED  THROUGH  SIMULATION  EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION  SHALL  PROHIBIT  THE DEPARTMENT FROM ALLOWING AN INSTITUTION OF
 POST-SECONDARY EDUCATION TO  PROVIDE  GREATER  THAN  ONE-THIRD  OF  SUCH
 TRAINING THROUGH SIMULATION EXPERIENCE UPON APPLICATION BY THAT INSTITU-
 TION IN SUCH FORM AS THE DEPARTMENT SHALL REQUIRE;
   §  3.  Subparagraph  (i)  of paragraph (c) of subdivision 1 of section
 6910 of the education law, as added by chapter 257 of the laws of  1988,
 is amended to read as follows:
   (i)   have   satisfactorily   completed  educational  preparation  for
 provision of these services in a program registered by the department or
 in a program determined by the department to be the equivalent, AND HAVE
 PARTICIPATED IN SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE
 EQUIVALENT, AS DETERMINED BY  THE  DEPARTMENT.  THE  COMMISSIONER  SHALL
 PERMIT  ONE-THIRD OF SUCH CLINICAL TRAINING TO BE OBTAINED THROUGH SIMU-
 LATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT  AND  PURSUANT  TO  REGU-
 LATION.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT THE DEPARTMENT FROM
 ALLOWING AN INSTITUTION OF POST-SECONDARY EDUCATION TO  PROVIDE  GREATER
 THAN  ONE-THIRD  OF  SUCH  TRAINING  THROUGH  SIMULATION EXPERIENCE UPON
 APPLICATION BY THAT INSTITUTION IN SUCH FORM  AS  THE  DEPARTMENT  SHALL
 REQUIRE.  PROVIDED  HOWEVER  NOTHING  IN  THIS  SECTION SHALL REDUCE THE
 S. 6717--A                          3
 
 IN-PERSON OR DIRECT CARE REQUIREMENTS ESTABLISHED BY PROGRAMMATIC ACCRE-
 DITORS AND CERTIFYING BODIES; or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.