S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1093
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. PAULIN, DINOWITZ, GUNTHER, MAGNARELLI, WEPRIN,
   STECK, L. ROSENTHAL, FAHY, LAVINE, CARROLL, WOERNER -- Multi-Sponsored
   by -- M.   of A. FRIEND, LUPARDO -- read  once  and  referred  to  the
   Committee on Higher Education
 
 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
 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-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02169-01-3
 A. 1093                             2
 
 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-FOUR
 UP TO THE FIRST REGISTRATION DATE THEREAFTER. A  LICENSEE  WHO  HAS  NOT
 SATISFIED  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-
 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, 2024.  Effective immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.