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A01093 Summary:

BILL NOA01093
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRDinowitz, Gunther, Magnarelli, Weprin, Steck, Rosenthal L, Fahy, Lavine, Carroll, Woerner
 
MLTSPNSRFriend, Lupardo
 
Add §6912, Ed L
 
Requires 45 hours of mandatory continuing education in a three year period for registered professional nurses; permits exemptions for illness, military duty and nurses who are not engaged in the practice.
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A01093 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1093
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the education law, in relation to mandatory continuing education for nurses   PURPOSE: To promote competence and accountability in nurses by requiring regis- tered professional nurses to complete 45 hours of continuing education every 3 years.   SUMMARY OF PROVISIONS: The bill amends the education law by adding a new section 6912 to require registered professional nurses to complete 45 hours of continu- ing education in each triennial registration period.   JUSTIFICATION: This legislation will mandate continuing education for nurses at a mini- mum of 45 hours of acceptable formal continuing education every three years. This requirement will provide nurses with the most current educa- tional information in their field and ensure that they continue high levels of professional competence.   LEGISLATIVE HISTORY: A.3961, 2021 and 2022, referred to higher education. A.417A, 2020 referred to higher education, amended and recommitted to higher educa- tion, print number 417A. A.417, 2019 referred to higher education. A.3654, 2017 and 2018, referred to higher education. A.4060, 2015 and 2016, referred to higher education. Same as S.222, 2015, committed to finance. A.1281, 2013 and 2014 referred to higher education. A.9910 of 2012, referred to higher education.. Same as S.3738-B, reported to finance.   FISCAL IMPLICATIONS: Nurses will pay a $45 fee to the State Education Department to cover the administrative costs associated with implementing this requirement.   EFFECTIVE DATE: This act shall take effect January 1, 2020.
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A01093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1093
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section  1.  The education law is amended by adding a new section 6912
     2  to read as follows:
     3    § 6912. Mandatory continuing  education  for  registered  professional
     4  nurses.  1.  (a)  Each  licensed  registered professional nurse required
     5  under this article to register triennially with the department to  prac-
     6  tice in the state shall comply with provisions of the mandatory continu-
     7  ing education requirements prescribed in subdivision two of this section
     8  except as set forth in paragraphs (b) and (c) of this subdivision. Nurs-
     9  es  who  do  not satisfy the mandatory continuing education requirements
    10  shall not practice until they have met such requirements, and have  been
    11  issued  a  registration  certificate,  except  that a nurse may practice
    12  without having met such requirements if he or she  is  issued  a  condi-
    13  tional  registration  certificate  pursuant to subdivision three of this
    14  section.
    15    (b) Registered professional nurses shall be exempt from the  mandatory
    16  continuing  education  requirement for the triennial registration period
    17  during which they are first licensed. In accord with the intent of  this
    18  section,  adjustment  to  the mandatory continuing education requirement
    19  may be granted by the department for reasons of health certified  by  an
    20  appropriate  health care professional, for extended active duty with the
    21  armed forces of the United States, or for other good cause acceptable to
    22  the department which may prevent compliance.
    23    (c) A licensed registered professional nurse not engaged  in  practice
    24  as  determined  by  the  department,  shall be exempt from the mandatory
    25  continuing education requirement upon the filing of a statement with the
    26  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
 
     1  tice  of  registered professional nursing during the triennial registra-
     2  tion period shall notify the department prior to reentering the  profes-
     3  sion  and  shall  meet such mandatory education requirements as shall be
     4  prescribed by regulations of the commissioner.
     5    2.  During  each triennial registration period an applicant for regis-
     6  tration shall complete a  minimum  of  forty-five  hours  of  acceptable
     7  formal  continuing  education,  as specified in subdivision four of this
     8  section. Any registered professional nurse whose first registration date
     9  following the effective date of this  section  occurs  less  than  three
    10  years  from  such  effective  date,  shall complete continuing education
    11  hours on a prorated basis at the rate of one and one  quarter  hour  per
    12  month  for  the period beginning January first, two thousand twenty-four
    13  up to the first registration date thereafter. A  licensee  who  has  not
    14  satisfied  the  mandatory continuing education requirements shall not be
    15  issued a triennial registration certificate by the department and  shall
    16  not  practice unless and until a conditional registration certificate is
    17  issued as provided for in subdivision three of this section.
    18    3. The department, in its discretion, may issue a  conditional  regis-
    19  tration  to  a  licensee  who  fails  to  meet  the continuing education
    20  requirements established in subdivision two  of  this  section  but  who
    21  agrees to make up any deficiencies and complete any additional education
    22  which  the department may require. The fee for such a conditional regis-
    23  tration shall be the same as, and in addition to, the fee for the trien-
    24  nial registration. The duration of such conditional  registration  shall
    25  be  determined  by  the  department  but  shall not exceed one year. Any
    26  licensee who is notified of the denial of registration  for  failure  to
    27  submit  evidence, satisfactory to the department, of required continuing
    28  education and who practices registered professional nursing without such
    29  registration, may be subject to  disciplinary  proceedings  pursuant  to
    30  section sixty-five hundred ten of this title.
    31    4.  As  used  in  subdivision  two of this section, "acceptable formal
    32  continuing education" shall mean formal courses  of  learning  that  are
    33  acceptable  to  the  department,  including courses in an accredited and
    34  approved registered professional nursing degree or  certificate  program
    35  and courses provided by any of the following organizations:
    36    (a) a nationally accredited provider of nursing continuing education;
    37    (b) an organization or agency that is approved by a nationally accred-
    38  ited provider of nursing continuing education;
    39    (c) a school of nursing approved by the department;
    40    (d) a national nursing organization; or
    41    (e)  a  provider of continuing education that is recognized by another
    42  state's board of nursing.
    43    5. Registered professional nurses shall maintain  adequate  documenta-
    44  tion  of  completion of acceptable formal continuing education and shall
    45  provide such documentation at the request of the department.
    46    6. The mandatory continuing education fee shall be forty-five dollars,
    47  shall be payable on or before the first day of each triennial  registra-
    48  tion period, and shall be paid in addition to the triennial registration
    49  fee required by section sixty-nine hundred five of this article.
    50    § 2. This act shall take effect January 1, 2024.  Effective immediate-
    51  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
    52  necessary for the implementation of this act on its effective  date  are
    53  authorized to be made and completed on or before such effective date.
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