A01842 Summary:

BILL NOA01842B
 
SAME ASSAME AS S06768
 
SPONSORMorelle
 
COSPNSRJaffee, Perry, Magnarelli, Rosenthal L, Cusick, Gunther, Ortiz, Paulin, Titone, Dinowitz, Gottfried, Miller MG, Benedetto, Bronson, Galef, Colton, Brindisi, Skartados, Stirpe, Fahy, Weprin, Arroyo, Harris, Thiele, Jean-Pierre, D'Urso
 
MLTSPNSRAbinanti, Barclay, Brabenec, Braunstein, Cahill, Cook, Curran, Cymbrowitz, De La Rosa, DenDekker, Englebright, Finch, Fitzpatrick, Garbarino, Hevesi, Hooper, Jenne, Johns, Kolb, Lawrence, Lifton, Lupardo, Magee, Malliotakis, McDonald, McDonough, Montesano, Morinello, Pretlow, Ramos, Rivera, Stec, Walter, Zebrowski
 
Amd 6905, Ed L
 
Relates to the formation of a temporary nursing program evaluation commission; requires that all RPNs either have or obtain a bachelor's degree within 10 years of initial licensure; exemptions.
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A01842 Actions:

BILL NOA01842B
 
01/13/2017referred to higher education
01/27/2017amend and recommit to higher education
01/27/2017print number 1842a
05/23/2017reported referred to codes
06/06/2017reported referred to ways and means
06/12/2017reported referred to rules
06/16/2017amend and recommit to rules 1842b
06/19/2017reported
06/19/2017rules report cal.429
06/19/2017substituted by s6768
 S06768 AMEND= FLANAGAN
 06/16/2017REFERRED TO RULES
 06/19/2017ORDERED TO THIRD READING CAL.1938
 06/19/2017PASSED SENATE
 06/19/2017DELIVERED TO ASSEMBLY
 06/19/2017referred to ways and means
 06/19/2017substituted for a1842b
 06/19/2017ordered to third reading rules cal.429
 06/19/2017passed assembly
 06/19/2017returned to senate
 12/06/2017DELIVERED TO GOVERNOR
 12/18/2017SIGNED CHAP.502
 12/18/2017APPROVAL MEMO.63
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A01842 Committee Votes:

HIGHER EDUCATION Chair:Glick DATE:05/23/2017AYE/NAY:24/1 Action: Favorable refer to committee Codes
GlickAyeLupinacciAye
GottfriedAyeButlerAye
MageeAyeFitzpatrickAye
EnglebrightExcusedRaNay
CahillAyeGarbarinoAye
PaulinAyeMorinelloAye
LiftonAyeNorrisAye
CusickAye
LupardoAye
Peoples-StokesAye
LavineAye
BrindisiAye
SimanowitzAye
StirpeAye
FahyAye
PichardoAye
SimonAye
HarrisAye
McDonaldAye

CODES Chair:Lentol DATE:06/06/2017AYE/NAY:21/1 Action: Favorable refer to committee Ways and Means
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoNay
CookAyeRaAye
CymbrowitzAyeMorinelloAye
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye

WAYS AND MEANS Chair:Farrell DATE:06/12/2017AYE/NAY:29/3 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolExcusedCrouchAye
SchimmingerNayBarclayAye
GanttAyeFitzpatrickAye
WeinsteinAyeHawleyAye
GlickAyeMalliotakisAye
NolanAyeWalterAye
PretlowAyeMontesanoAye
PerryNayCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizExcused
BenedettoAye
MoyaExcused
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicNay

RULES Chair:Heastie DATE:06/19/2017AYE/NAY:27/0 Action: Favorable
HeastieAyeKolbAye
GottfriedExcusedOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttAyeFinchAye
NolanExcusedBarclayAye
WeinsteinAyeRaiaAye
HooperAyeHawleyAye
OrtizExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusExcused
Peoples-StokesAye

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A01842 Floor Votes:

There are no votes for this bill in this legislative session.
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A01842 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1842B
 
SPONSOR: Morelle (MS)
  TITLE OF BILL: An act to amend the education law, in relation to the educational preparation for practice of professional nursing; and the creation of a temporary nursing program evaluation commission   PURPOSE: To increase the level of education for continued registration as a registered professional nurse ten years after initial licensure while maintaining the multiple entry points into the profession.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Legislative intent. Section 2: Part 1: Creates a temporary commission to be known as the nursing program evaluation commission. The commission is created to make recom- mendations on the following: (a)Barriers to entry into nursing, including, but not limited to cultural barriers, economic barriers, compliance barriers; and (b)the availability and access to baccalaureate programs, including access for non-traditional students, rural students, and students of diverse cultural backgrounds; (c)the financial barriers to entry into baccalaureate programs; and (d)other alternative equivalent programs which nurses may obtain train- ing and experience. Part 2: The commission shall consist of nine members as follows: two members shall be appointed by the Speaker of the Assembly; two members shall be appointed by the temporary President of the Senate; one member shall be appointed by the Minority Leader of the Senate; one member shall be appointed by the Minority Leader of the Assembly, and three members shall be appointed by the Governor. The commission members shall be appointed within 60 days after this act shall have become a law. Members shall be representative of patient advocates, nurses, and related health care professionals. At least one member shall be a nurse and a member of a duly recognized collective bargaining organization and does not have a supervisory or managerial role. At least one member shall be an RN in nursing higher education with academic credentials from a school that has a baccalaureate and higher degree nursing program. Part 3. The members of the commission shall receive no compensation for their service. Part 4: The commission shall make a report of its find- ings, including any recommendation for legislative action as it may deem necessary and appropriate, to the governor and the legislature no later than twelve months after this act shall have become a law. Section 3: Is amended to read as follows: (2) Education: have received an educa- tion, and a diploma or degree in professional nursing, in accordance with the commissioner's regulations; and in order to continue to main- tain 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 regu- lations. The department, in its discretion, may issue a conditional registration to a licensee who fails to complete the baccalaureate degree but who agrees to meet the additional requirement within a year, unless the applicant can show good cause for noncompliance acceptable to the department. 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. Any licensee who is notified of the denial of registration for failure to complete the additional educational requirements and who practices as a registered professional nurse without such registration may be subject to a disciplinary proceeding pursuant to section sixty- five hundred ten of this title. Section 4: The provisions of this act shall not apply: (a)to any student entering a generic baccalaureate program preparing registered professional nurses following the effective date of this act; (b) such provisions shall in no way apply to any student currently enrolled in, or having an application pending in, a program preparing registered professional nurses at the time of the effective date of this act; (c) such provisions shall not apply to any person already licensed as a registered professional nurse pursuant to the effective date of this act, nor to any unlicensed graduate professional nurse who is eligible for the NCLEX exam pursuant to the effective, date of this act. Section 5: Any individual covered by section four of this act shall be deemed fully licensed provided that such individual meets the requirements set forth by Article 139 of the education law. Section 6: This act shall take effect immediately; provided, however, that section three of this act shall take effect eighteen months after this act shall have become a law.   JUSTIFICATION: The National Advisory Council on Nursing Education and Practice, policy advisors to Congress and the U.S. Secretary of Health and Education, recommended that by 2010, two-thirds of nurses should hold a baccalau- reate or higher degree. This position was based on their analysis of evolving needs associated with patient care and public protection. Shorter lengths of stays, higher patient acuity, and more sophisticated technologies and procedures are increasing the complexity of patient care - which in turn places great demands on nursing competencies. The New York State Board for Nursing, recognizing the evolving needs associated with patient care unanimously passed a motion in December 2003, recommending that statutory change be sought requiring future licensed registered professional nurses to attain a baccalaureate degree in nursing ten years after initial licensure in order to continue to practice in New York. The bill is designed to mirror the educational requirements of teachers in NYS. In this legislation, there is a provision for an extension for cases with extenuating circumstances that would delay completion of the addi- tional requirement based on criteria to be established in commissioner's regulations. This requirement would apply only to nursing students who enter diploma or associate degree programs after the bill's implementa- tion date. All current students, or those on waiting lists to begin the nursing program, will be exempt from the requirement. All current RNs would be "grandfathered" and their licenses forever protected from this mandatory additional educational requirement. It is not anticipated that this bill would reduce the supply of nurses in New York. The grandfathering of those currently licensed would prevent intensification of the current shortage of nurses. This bill is designed to allow continuation of entry at the associate degree level nursing programs that produce a significant percentage of now graduates and licensees. Understanding that the nursing profession is evolving, this legislation creates a temporary nursing program evaluation commission to make recom- mendations on potential barriers to the profession, including but not limited to, cultural barriers, economic barriers, and compliance barri- ers. The commission will make recommendations on the availability, access, and affordability around the baccalaureate program for non-trad- itional students and students of diverse populations. The commission will also make recommendations on alternative equivalents through which nurses could potential obtain robust training and experience. The members of this commission shall report their findings twelve months after this bill becomes law. By requiring the baccalaureate degree or equivalent for continued regis- tration as a registered professional nurse this bill seeks to be respon- sive to meet the increasingly complex health care needs of the residents of New York State.   LEGISLATIVE HISTORY: A2480 of 2007/2008: referred to higher education A2079 of 2009/2010: reported from higher education,died in codes (2010); A.3103 of 2013/14: Passed Assembly (2014); died in Senate A.3945 of 2015/16: Passed Assembly (2016); died in Senate   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that section three of this act shall take effect eighteen months after this act shall have become a law.
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A01842 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1842--B
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2017
                                       ___________
 
        Introduced  by  M.  of A. MORELLE, JAFFEE, PERRY, MAGNARELLI, ROSENTHAL,
          CUSICK,  GUNTHER,  ORTIZ,   PAULIN,   TITONE,   DINOWITZ,   GOTTFRIED,
          M. G. MILLER,  BENEDETTO, BRONSON, GALEF, COLTON, BRINDISI, SKARTADOS,
          STIRPE, FAHY,  SIMANOWITZ,  WEPRIN,  BLAKE,  ARROYO,  HARRIS,  THIELE,
          JEAN-PIERRE  --  Multi-Sponsored  by  --  M.  of A. ABINANTI, BARCLAY,
          BRABENEC, BRAUNSTEIN, CAHILL, COOK,  CURRAN,  CYMBROWITZ,  DE LA ROSA,
          DenDEKKER, ENGLEBRIGHT, FINCH, FITZPATRICK, GARBARINO, HEVESI, HOOPER,
          JENNE,  JOHNS,  KOLB,  LAWRENCE,  LIFTON, LUPARDO, MAGEE, MALLIOTAKIS,
          McDONALD,  McDONOUGH,  MONTESANO,  MORINELLO,  PRETLOW,  RAIA,  RAMOS,
          RIVERA,  STEC,  WALTER,  ZEBROWSKI  --  read  once and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          reported and referred to  the  Committee  on  Codes  --  reported  and
          referred  to  the Committee on Ways and Means -- reported and referred
          to the Committee on Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        AN ACT to amend the education law, in relation to the educational prepa-
          ration for practice of professional nursing; and  the  creation  of  a
          temporary nursing program evaluation commission
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The legislature hereby finds and  declares  that  with  the
     2  increasing  complexity  of  the  American  healthcare system and rapidly
     3  expanding technology, the  educational  preparation  of  the  registered
     4  professional  nurse  must  be  expanded. The nurse of the future must be
     5  prepared to partner with multiple  disciplines  as  a  collaborator  and
     6  manager  of  the complex patient care journey. Shorter lengths of stays,
     7  higher patient acuity, and more sophisticated  technologies  and  proce-
     8  dures  are  increasing  the  complexity  of patient care - which in turn
     9  places great  demands  on  nursing  competencies.  Other  countries  are
    10  responding  to these changes by requiring the baccalaureate degree as an
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00932-08-7

        A. 1842--B                          2
 
     1  entry requirement for nursing  licensure  while  other  professions  are
     2  demanding  master  and  doctoral  degrees  as their entry point. Several
     3  recent research studies clearly demonstrate the  added  value  of  addi-
     4  tional  education in relation to improved patient outcomes. The legisla-
     5  ture finds that expanding the educational requirements for  the  profes-
     6  sion  of  nursing,  while maintaining the multiple entry points into the
     7  profession, is needed.  This legislation affects future nurses  graduat-
     8  ing  from  associate  degree  or  diploma  nursing programs who would be
     9  required to obtain a  baccalaureate  in  nursing  within  ten  years  of
    10  initial  licensure. All current nurses licensed in New York and students
    11  in programs preparing for registered  professional  nursing  are  to  be
    12  exempt  from the new requirement. This legislation is mirrored after the
    13  progressive education requirement for teachers in New York state. Numer-
    14  ous regulatory and accrediting bodies have recommended this change as  a
    15  means to address sophisticated patient care needs resulting from shorter
    16  lengths  of  stay,  higher  acuity and more sophisticated interventions.
    17  This proposal is the result of a growing body of research evidence  that
    18  additional  education  results  in better patient outcomes. Therefore by
    19  requiring the baccalaureate  degree  for  continued  registration  as  a
    20  registered professional nurse this legislation seeks to be responsive to
    21  meet  the increasingly complex health care needs of the residents of New
    22  York state.
    23    § 2. 1. A temporary commission, to be known  as  the  nursing  program
    24  evaluation  commission  (hereinafter "commission"), is hereby created to
    25  make recommendations on the following:
    26    a. barriers to entry into  nursing,  including,  but  not  limited  to
    27  cultural barriers, economic barriers, and compliance barriers;
    28    b.  the  availability  and access to baccalaureate programs, including
    29  such  availability  and  access  for  non-traditional  students,   rural
    30  students, and students of diverse cultural backgrounds;
    31    c. the financial barriers to entry into baccalaureate programs; and
    32    d.  other  alternative  equivalents  through  which  nurses may obtain
    33  training and experience.
    34    2. The commission shall  consist  of  nine  members  as  follows:  two
    35  members  shall  be appointed by the speaker of the assembly; two members
    36  shall be appointed by the temporary president of the senate; one  member
    37  shall  be  appointed  by  the  minority leader of the senate; one member
    38  shall be appointed by the minority leader of  the  assembly;  and  three
    39  members shall be appointed by the governor. The commission members shall
    40  be  appointed  within  60  days  after this act shall have become a law.
    41  Members so appointed shall be representative of patient advocates, nurs-
    42  es, and related health care professionals. At least one member shall  be
    43  a  nurse  and a member of a duly recognized collective bargaining organ-
    44  ization and does not have a supervisory or managerial role. At least one
    45  member shall be a RN in nursing higher education with  academic  creden-
    46  tials  from  a school that has a baccalaureate and higher degree nursing
    47  programs. No member, officer or employee  of  the  commission  shall  be
    48  disqualified  from  holding  any  other public office or employment, nor
    49  shall he or she forfeit any such office or employment by reason  of  his
    50  or  her  appointment  hereunder,  notwithstanding  the provisions of any
    51  general, special or local law, ordinance or city charter.
    52    3. The members of the commission shall  receive  no  compensation  for
    53  their services, but shall be allowed their actual and necessary expenses
    54  incurred in the performance of their duties hereunder.
    55    4.  The  commission shall make a report of its findings, including any
    56  recommendations for legislative action as  it  may  deem  necessary  and

        A. 1842--B                          3
 
     1  appropriate,  to  the  governor and the legislature no later than twelve
     2  months after this act shall have become a law.
     3    § 3. Subdivision 2 of section 6905 of the education law, as amended by
     4  chapter  994 of the laws of 1971 and such section as renumbered by chap-
     5  ter 50 of the laws of 1972, is amended to read as follows:
     6    (2) Education: have received an education, and a diploma or degree  in
     7  professional nursing, in accordance with the commissioner's regulations,
     8  and  in  order  to  continue  to  maintain  registration as a registered
     9  professional nurse in New York  state,  have  attained  a  baccalaureate
    10  degree  or  higher  in  nursing within ten years of initial licensure in
    11  accordance with the commissioner's regulations. The department,  in  its
    12  discretion, may issue a conditional registration to a licensee who fails
    13  to  complete  the  baccalaureate degree but who agrees to meet the addi-
    14  tional requirement within one year.  The  fee  for  such  a  conditional
    15  registration  shall  be the same as, and in addition to, the fee for the
    16  triennial registration. The duration of  such  conditional  registration
    17  shall  be  for  one year and may be extended, with the payment of a fee,
    18  for no more than one additional year, unless the applicant can show good
    19  cause for non-compliance acceptable to the department. Any licensee  who
    20  is  notified of the denial of a registration for failure to complete the
    21  additional educational requirements and who practices  as  a  registered
    22  professional nurse without such registration may be subject to discipli-
    23  nary  proceedings  pursuant  to  section  sixty-five hundred ten of this
    24  title;
    25    § 4. The provisions of this act shall not apply to:
    26    a. any student entering  a  generic  baccalaureate  program  preparing
    27  registered professional nurses after the effective date of this act;
    28    b. any student currently enrolled in, or having an application pending
    29  in,  a  program  preparing registered nurses as of the effective date of
    30  this act;
    31    c. any person already licensed as a registered professional  nurse  or
    32  any  unlicensed  graduate professional nurse who is eligible to take the
    33  National Council Licensure Examination as of the effective date of  this
    34  act.
    35    §  5.  Any  individual  covered  by  section four of this act shall be
    36  deemed fully licensed provided that such individual meets  the  require-
    37  ments set forth by article 139 of the education law.
    38    §  6.  This act shall take effect immediately; provided,  however that
    39  section three of this act shall take effect eighteen months  after  this
    40  act shall have become a law.
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