A03103 Summary:

BILL NO    A03103 

SAME AS    SAME AS S05924

SPONSOR    Morelle (MS)

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

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
05/28/2014 reported referred to codes
06/03/2014 reported referred to ways and means
06/12/2014 reported referred to rules
06/16/2014 reported 
06/16/2014 rules report cal.248
06/16/2014 ordered to third reading rules cal.248
06/16/2014 passed assembly
06/16/2014 delivered to senate
06/16/2014 REFERRED TO RULES
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A03103 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3103
 
SPONSOR: Morelle (MS)
  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 not apply to any student entering a generic baccalaureate program preparing registered profes- sional 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 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 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: 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3103
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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    § 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    § 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    § 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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