A02079 Summary:

BILL NO    A02079B

SAME AS    Same as S 4051-A

SPONSOR    Morelle (MS)

COSPNSR    DelMonte, Pheffer, Towns, Jaffee, Espaillat, Perry, Koon, Carrozza,
           Magnarelli, Spano, Rosenthal, Cusick, Gunther, Camara, Ortiz, Gibson

MLTSPNSR   Alessi, Alfano, Barra, Cahill, Cymbrowitz, DenDekker, Destito,
           Englebright, Fields, Galef, Gianaris, Heastie, Hooper, Hoyt,
           Jeffries, Kolb, Latimer, Lifton, Lupardo, McDonough, Miller J,
           Pretlow, Rivera J, Robinson, Stirpe, Sweeney, Weisenberg

Amd S6905, Ed L

Requires registered professional nurses to attain a baccalaureate degree in
nursing within ten years of their initial licensure; provides exemptions for
those currently licensed or enrolled in nursing programs.

A02079 Actions:

BILL NO    A02079B

01/15/2009 referred to higher education
04/14/2009 amend and recommit to higher education
04/14/2009 print number 2079a
05/26/2009 amend and recommit to higher education
05/26/2009 print number 2079b
01/06/2010 referred to higher education

A02079 Votes:

A02079 Memo:

BILL NUMBER:A2079B

TITLE  OF  BILL:   An act to amend the education law, in relation to the
educational preparation for practice of professional nursing

PURPOSE OR GENERAL IDEA OF BILL:  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:  Subdivision  2  of  section  6905  of the education law, as
amended by chapter 994 of the laws of 1971 and as renumbered by  chapter
50  of  the  laws of 1972, 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 in nursing with-
in 'ten years of initial licensure in accordance with the commissioner's
regulations. 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.
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 disciplinary proceeding pursuant to section sixty-five hundred ten of
this title.

Section 3: The provisions of this act shall apply to any student  enter-
ing  a  generic  baccalaureate program preparing registered professional
nurses following the effective date of this act; provided, further, 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;
provided, further, 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.

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 baccalaureate 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 compe-
tencies. Other countries are responding to these  changes  by  requiring
the  baccalaureate  degree as an entry requirement for nursing licensure
while  other  professions  are  demanding master and doctoral degrees as
their entry point.

Several recent research studies clearly demonstrate the added  value  of
additional education in relation to improved patient outcomes; one study
demonstrates  that  each ten percent increase in the number of baccalau-
reate prepared nurses results in a five  percent  decrease  in  surgical
patient  deaths.  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.

There is a provision for an extension for cases with extenuating circum-
stances that would delay completion of the additional 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 implementation 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.  Moreover,
this  bill  is  designed to allow continuation of entry at the associate
degree level nursing programs that produce a significant  percentage  of
new  graduates  and  licensees.  Indeed-  it  is  anticipated  that  the
increased educational requirement would attract additional  recruits  as
nursing might be seen as a more viable professional career option.  2004
data  from  the  Center for Health Workforce Studies at SUNYA shows that
over 2,000 qualified students were denied admission to nursing programs.
Strategies for recruiting  future  nurses  are  dependent'  upon  having
adequate  numbers of faculty to provide instruction and leadership. Lack
of faculty prevents significant numbers of potential students from being
admitted to nursing programs. The average age of NYS nursing faculty  is
53  -  many  are expected to retire within the next five years. Advanced
education and experience is required for nurses to serve as  faculty  in
nursing  education settings. This bill, which requires additional educa-
tion for the continued registration of RNs, would  expand  the  pool  of
nurses  who  could pursue graduate studies to fill these nursing faculty
roles.

In an effort to facilitate the implementation  of  additional  education
for  registered  professional  nurses,  the NYS Associate Degree Nursing
Council and the Council of Deans of Nursing, Senior colleges and Univer-

sities of NYS have actively  collaborated  to  standardize  requirements
between  the two levels. In December 2004, the Council of Deans of Nurs-
ing, Senior colleges and Universities  adopted  the  position  that  RNs
prepared in NYS, associate degree nursing programs applying to baccalau-
reate degree programs would be granted 30 nursing credits in addition to
liberal arts and sciences credits that could be applied to the 120 cred-
its  for the baccalaureate degree for prior completion of course work at
the associate degree level. There are also ever increasing opportunities
in New York for distance learning and other innovative teaching  strate-
gies  that  support  the registered professional nurses in achieving the
additional education required by this bill. Given  the  enhancements  to
the  compatibility  between associate and baccalaureate nursing programs
and the ever increasing options  for  advanced  placement  and  distance
learning, this bill can be implemented without disadvantaging future new
graduates.

By  requiring  the  baccalaureate degree for continued registration as a
registered professional nurse this bill seeks to be responsive  to  meet
the  increasingly complex health care needs of the residents of New York
State.

PRIOR LEGISLATIVE HISTORY: A.8160/S.5065-A of 2005/2006.  A2480/A294  of
2007/2008 - referred to higher education

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.