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.
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.
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.
