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.
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.
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.
