A03103 Summary:

BILL NO    A03103 

SAME AS    SAME AS S05924

SPONSOR    Morelle (MS)

COSPNSR    Jaffee, Perry, Magnarelli, Rosenthal, Cusick, Gunther, Camara, Ortiz,
           Paulin, Kellner, Lavine, Titone, Dinowitz, Gottfried, Miller,
           Benedetto, Bronson, Brook-Krasny, Galef, Colton, Brindisi, Jacobs,
           Skartados, McDonald

MLTSPNSR   Abinanti, Barclay, Braunstein, Cahill, Cook, Curran, Cymbrowitz,
           DenDekker, Englebright, Finch, Fitzpatrick, Garbarino, Heastie,
           Hevesi, Hooper, Johns, Kolb, Lentol, Lifton, Lupardo, Magee,
           Malliotakis, Markey, McDonough, Millman, Montesano, Nolan, Pretlow,
           Raia, Ramos, Rivera, Robinson, Russell, Schimel, Sweeney, Tedisco,
           Tenney, Walter, Weisenberg, Wright, Zebrowski

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.
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A03103 Actions:

BILL NO    A03103 

01/23/2013 referred to higher education
01/08/2014 referred to higher education
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A03103 Memo:

BILL NUMBER:A3103

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 within 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 not apply to any student
entering 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 competencies. 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
baccalaureate 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
circumstances 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 hew 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 education 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
Universities of NYS have actively collaborated to standardize
requirements between the two levels. In December 2004, the Council of
Deans of Nursing, Senior colleges and Universities adopted the
position that RNs prepared in NYS, associate degree nursing programs
applying to baccalaureate degree programs would be granted 30 nursing
credits in addition to liberal arts and sciences credits that could be
applied to the 120 credits 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 strategies 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: A2480 of 2007/2008 - referred to higher
education A2079 of 2009/2010 - reported from higher education, died in
codes (2010)

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:; Immediately.
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A03103 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3103

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 23, 2013
                                      ___________

       Introduced  by  M.  of A. MORELLE, JAFFEE, PERRY, MAGNARELLI, ROSENTHAL,
         CUSICK, GUNTHER,  CAMARA,  ORTIZ,  GIBSON,  PAULIN,  KELLNER,  CASTRO,
         LAVINE,  TITONE, DINOWITZ, GOTTFRIED, MAISEL, MILLER, STEVENSON, BENE-
         DETTO, BRONSON, BROOK-KRASNY, GALEF, COLTON, BRINDISI  --  Multi-Spon-
         sored  by  --  M.  of  A. ABINANTI, BARCLAY, BRAUNSTEIN, CAHILL, COOK,
         CURRAN, CYMBROWITZ, DenDEKKER, ENGLEBRIGHT, FINCH, FITZPATRICK, HEAST-
         IE, HEVESI, HOOPER, JOHNS, KOLB, LIFTON,  LOSQUADRO,  LUPARDO,  MAGEE,
         MALLIOTAKIS,  McDONOUGH,  MILLMAN,  MONTESANO,  NOLAN,  PRETLOW, RAIA,
         RAMOS, RIVERA, ROBINSON, RUSSELL, SCHIMEL, SWEENEY,  TEDISCO,  TENNEY,
         WEISENBERG,  ZEBROWSKI  --  read once and referred to the Committee on
         Higher Education

       AN ACT to amend the education law, in relation to the educational prepa-
         ration for practice of professional nursing

         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
   11  entry  requirement  for  nursing  licensure  while other professions are
   12  demanding master and doctoral degrees  as  their  entry  point.  Several
   13  recent  research  studies  clearly  demonstrate the added value of addi-
   14  tional education in relation to improved  patient  outcomes;  one  study
   15  demonstrates  that  each ten percent increase in the number of baccalau-
   16  reate prepared nurses results in a five  percent  decrease  in  surgical

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02884-01-3
       A. 3103                             2

    1  patient  deaths.  Therefore,  the  legislature  finds that expanding the
    2  educational requirements for the profession of nursing, while  maintain-
    3  ing  the  multiple  entry  points  into the profession, is needed.  This
    4  legislation  affects  future  nurses graduating from associate degree or
    5  diploma nursing programs who would be required to obtain a baccalaureate
    6  in nursing within ten years of initial  licensure.  All  current  nurses
    7  licensed  in  New York and students in programs preparing for registered
    8  professional nursing are to be exempt from  the  new  requirement.  This
    9  legislation  is mirrored after the progressive education requirement for
   10  teachers in New York state. Numerous regulatory and  accrediting  bodies
   11  have recommended this change as a means to address sophisticated patient
   12  care  needs  resulting  from  shorter lengths of stay, higher acuity and
   13  more sophisticated interventions. This proposal is the result of a grow-
   14  ing body of research  evidence  that  additional  education  results  in
   15  better patient outcomes. Therefore by requiring the baccalaureate degree
   16  for  continued  registration  as  a  registered  professional nurse this
   17  legislation seeks to be responsive  to  meet  the  increasingly  complex
   18  health care needs of the residents of New York state.
   19    S 2. Subdivision 2 of section 6905 of the education law, as amended by
   20  chapter  994 of the laws of 1971 and such section as renumbered by chap-
   21  ter 50 of the laws of 1972, is amended to read as follows:
   22    (2) Education: have received an education, and a diploma or degree  in
   23  professional nursing, in accordance with the commissioner's regulations,
   24  AND  IN  ORDER  TO  CONTINUE  TO  MAINTAIN  REGISTRATION AS A REGISTERED
   25  PROFESSIONAL NURSE IN NEW YORK  STATE,  HAVE  ATTAINED  A  BACCALAUREATE
   26  DEGREE  IN  NURSING  WITHIN TEN YEARS OF INITIAL LICENSURE IN ACCORDANCE
   27  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS  DISCRETION,
   28  MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
   29  THE  BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL REQUIRE-
   30  MENT WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION  SHALL
   31  BE  THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL REGISTRA-
   32  TION. THE DURATION OF SUCH CONDITIONAL REGISTRATION  SHALL  BE  FOR  ONE
   33  YEAR  AND  MAY  BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR NO MORE THAN
   34  ONE ADDITIONAL YEAR. ANY LICENSEE WHO IS NOTIFIED OF  THE  DENIAL  OF  A
   35  REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
   36  MENTS  AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT SUCH
   37  REGISTRATION MAY BE SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   38  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
   39    S 3. The provisions of this act shall not apply to:
   40    a.  any  student  entering  a  generic baccalaureate program preparing
   41  registered professional nurses after the effective date of this act;
   42    b. any student currently enrolled in, or having an application pending
   43  in, a program preparing registered nurses as of the  effective  date  of
   44  this act;
   45    c.  any  person already licensed as a registered professional nurse or
   46  any unlicensed graduate professional nurse who is eligible to  take  the
   47  National  Council Licensure Examination as of the effective date of this
   48  act.
   49    S 4. This act shall take effect immediately and  the  commissioner  of
   50  education  is  authorized to promulgate any rule or regulation necessary
   51  to implement the provisions of this act.
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