Requires nursing certificate and degree education programs to include clinical education; allows for one-third of such clinical education to be completed through simulation experience.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3076A
SPONSOR: Lupardo
 
TITLE OF BILL:
An act to amend the education law, in relation to requiring nursing
certificate and degree education programs to include clinical education
and allowing for a portion of such clinical education to be completed
through simulation experience
 
PURPOSE:
To allow for nursing programs under the purview of this title to
complete one-third of their clinical training through simulation experi-
ences.
 
SUMMARY OF PROVISIONS:
Section 1: The Education law is amended by adding a new section 6912.
Section 4: Effective date of this legislation.
 
JUSTIFICATION:
New York is facing a shortage of almost 40,000 nurses by 2030, according
to the Commission on Independent Colleges and Universities in New York.
High-quality and accessible education and training are critical to
ensure the availability of nursing care throughout the state. Simula-
tion-based learning experiences (SBLE) expose students to life-like
clinical environments and are nationally tested; dozens of other states
have already adopted regulations allowing nursing programs to substitute
SBLE for one-third or more clinical hours. SBLE leverage innovative and
proven healthcare education technologies and build student core compe-
tencies in real-time problem-solving, clinical reasoning, and bedside
manner for patients and families.
The disruptions to education caused by COVID-19 highlighted the impor-
tance of quality simulation training. Allowing nursing programs to
expand their clinical simulation programs will create greater access to
hands-on clinical experiences and is a necessary step to address New
York's nursing shortage. This bill allows postsecondary institutions to
integrate simulation experiences more broadly, providing more flexible
methods of the delivery of clinical experiences for nursing professional
licensure education programs while modernizing education programs to
account for new technological methods of curriculum delivery.
This bill does allow for a program to provide greater than one-third of
clinical training through simulation experience provided SED has issued
the program a waiver to do so prior to January 2023.
 
LEGISLATIVE HISTORY:
Formerly A-7767-a of 2022, Died in Higher Education Committee.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
3076--A
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. LUPARDO, SANTABARBARA, LUNSFORD, WALLACE,
FORREST, McMAHON, JONES, CLARK, CONRAD, FAHY, GUNTHER, DICKENS, McDO-
NALD, SHIMSKY, L. ROSENTHAL, RAGA, PAULIN, ALVAREZ, LEVENBERG,
J. M. GIGLIO, MILLER -- read once and referred to the Committee on
Higher Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to requiring nursing
certificate and degree education programs to include clinical educa-
tion and allowing for a portion of such clinical education to be
completed through simulation experience
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6912
2 to read as follows:
3 § 6912. Clinical education in New York state nursing education
4 programs. 1. For purposes of this section, "simulation experience"
5 shall mean planned learning experiences that represent actual or poten-
6 tial situations in clinical nursing practice and adhere to the standards
7 of this section. Such learning experiences allow participants to develop
8 or enhance clinical nursing competencies and provide an opportunity to
9 analyze and respond to realistic situations in a simulated environment.
10 2. New York state certificate and degree programs registered by the
11 department for the purposes of meeting the education requirements set
12 forth in this article shall include clinical education, or the equiv-
13 alent as defined and determined by the commissioner pursuant to regu-
14 lation.
15 3. Registered programs may deliver one-third of such clinical training
16 or clinical education through simulation experience as defined in this
17 section and in accordance with the commissioner's regulations, provided,
18 however, nothing in this section shall reduce the minimum in-person or
19 direct care requirements established by programmatic accreditors and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02684-07-3
A. 3076--A 2
1 certifying bodies. To meet a particular educational need the commission-
2 er may approve that more than one-third of such clinical training or
3 clinical education may be met through simulation experience as defined
4 in this section and in accordance with the commissioner's regulations.
5 4. The commissioner shall prescribe in regulation an expedited process
6 for programs seeking a curricular change to implement simulation experi-
7 ences. For programs that are not in substantial compliance with depart-
8 ment program requirements, the department may request additional infor-
9 mation and materials, in accordance with the commissioner's regulations.
10 The department shall act upon a program's submission to implement simu-
11 lation experiences within twenty business days of receipt of a complete
12 and properly submitted form.
13 5. Simulation experience acceptable to the department for the purposes
14 of clinical training or clinical education shall:
15 (a) be designed, guided and supervised by program faculty and program
16 staff with appropriate and relevant training, certification or accredi-
17 tation, who may be assisted or supported by experts in simulation, in a
18 nursing skills or clinical simulation laboratory setting;
19 (b) include continued professional development opportunities for
20 program faculty and program staff in simulation methods and best prac-
21 tices;
22 (c) utilize theory-based, evidence-based, and standards-driven pedago-
23 gy;
24 (d) require active student engagement in guided skills practice with
25 instructional feedback;
26 (e) include formative and summative assessments of well-articulated
27 competencies appropriate to the role and responsibilities of the lear-
28 ner;
29 (f) use various types of fidelity through equipment and practice to
30 replicate substantial aspects of clinical nursing practice and utilize
31 relevant equipment and technologies as appropriate to the desired learn-
32 ing outcomes;
33 (g) maintain continued compliance with the standards of program regis-
34 tration; and
35 (h) respond to innovations or emerging educational needs, pursuant to
36 regulation.
37 § 2. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately, the addition, amend-
39 ment, and/or repeal of any rule or regulation necessary for the imple-
40 mentation of this act on its effective date are authorized to be made
41 and completed on or before such effective date.