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S04431 Text:

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

                                         4431

                              2015-2016 Regular Sessions

                                   I N  S E N A T E

                                    March 20, 2015
                                      ___________

       Introduced  by Sens. AVELLA, MONTGOMERY -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Higher Educa-
         tion

       AN ACT to amend the education law, in relation  to  establishing  a  New
         York  state nursing faculty scholarship incentive program for advanced
         degrees in nursing

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Section 605 of the education law is amended by adding a new
    2  subdivision 13 to read as follows:
    3    13.  NEW  YORK STATE NURSING FACULTY SCHOLARSHIP INCENTIVE PROGRAM. A.
    4  PURPOSE. THE COMMISSIONER SHALL AWARD SCHOLARSHIPS FOR  THE  PURPOSE  OF
    5  INCREASING THE NUMBER OF EDUCATORS AND ADJUNCT CLINICAL FACULTY TEACHING
    6  IN  A  FIELD  OF  NURSING EDUCATION IN NEW YORK STATE. SUCH SCHOLARSHIPS
    7  SHALL BE AWARDED ON A COMPETITIVE BASIS TO APPLICANTS WHO ARE REGISTERED
    8  PROFESSIONAL NURSES WITH PREVIOUS CLINICAL EXPERIENCE IN NURSING AND WHO
    9  DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO MASTERS OR DOCTORAL PROGRAMS
   10  IN NURSING WHICH WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS  A  NURSING
   11  EDUCATOR.  PREFERENCE  SHALL  BE GIVEN TO APPLICANTS WHO ARE EMPLOYED AS
   12  REGISTERED PROFESSIONAL NURSES, WILL ATTEND  SUCH  MASTERS  OR  DOCTORAL
   13  PROGRAM  FULL-TIME  AND  WHOSE  COST TO ATTEND SUCH PROGRAM IS PARTIALLY
   14  UNDERWRITTEN A MINIMUM OF TWENTY-FIVE PERCENT BY AGREEMENT WITH A COMMU-
   15  NITY AGENCY, HEALTH CARE PROVIDER AND/OR APPROVED NURSING PROGRAM.
   16    B. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS  SUBDIVI-
   17  SION,  APPLICANTS  SHALL  AGREE  TO SERVE, UPON COMPLETION OF THE DEGREE
   18  PROGRAM, AS NURSING EDUCATORS OR AS ADJUNCT CLINICAL FACULTY IN APPROVED
   19  NURSING PROGRAMS WITHIN NEW YORK STATE THAT LEAD TO LICENSURE IN NURSING
   20  UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER.  APPLICANTS SHALL
   21  SERVE THE EQUIVALENT OF NINE MONTHS FULL-TIME SERVICE IN  SUCH  PROGRAMS
   22  FOR  EACH  ANNUAL  AWARD RECEIVED BY THE RECIPIENT, BUT NO LESS THAN TWO
   23  ACADEMIC YEARS. SUCH SERVICE  SHALL  BE  COMPLETED  AND  APPORTIONED  IN

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01598-01-5
       S. 4431                             2

    1  ACCORDANCE WITH CRITERIA ESTABLISHED BY THE COMMISSIONER.  ANNUAL AWARDS
    2  SHALL NOT BE MADE TO APPLICANTS WHO ENROLL IN LESS THAN FIFTEEN HOURS OF
    3  ACADEMIC  CREDIT  APPLICABLE TO THE MASTERS OR DOCTORAL PROGRAM IN WHICH
    4  THEY ARE ENROLLED IN ANY CALENDAR YEAR.
    5    C.  AGREEMENTS.  THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMIS-
    6  SIONER, DEVELOP AND SECURE FROM  EACH  SUCCESSFUL  APPLICANT  A  WRITTEN
    7  AGREEMENT  TO  SERVE  AS  A  NURSING  EDUCATOR OR ADJUNCT CLINICAL NURSE
    8  FACULTY IN NEW YORK. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGU-
    9  LATION PROVIDE, A RECIPIENT OF AN  AWARD  SHALL  HAVE  SERVED  FOR  THAT
   10  NUMBER  OF MONTHS CALCULATED BY MULTIPLYING BY NINE THE NUMBER OF EQUAL-
   11  IZED ANNUAL PAYMENTS RECEIVED BY THE RECIPIENT. IN  NO  CASE  SHALL  THE
   12  TOTAL  NUMBER  OF MONTHS OF SERVICE REQUIRED BE LESS THAN EIGHTEEN. IF A
   13  RECIPIENT FAILS TO COMPLY FULLY  WITH  SUCH  CONDITIONS,  THE  PRESIDENT
   14  SHALL  BE ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE DETER-
   15  MINED BY THE FORMULA:

   16                                A = 2B (T-S)
   17                                       -----
   18                                         T

   19  IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"  IS
   20  THE  SUM  OF ALL PAYMENTS MADE TO THE RECIPIENT BY THE PRESIDENT AND THE
   21  INTEREST ON SUCH AMOUNT WHICH WOULD BE PAYABLE  IF  AT  THE  TIMES  SUCH
   22  AWARDS  WERE  PAID  THEY  WERE  LOANS  BEARING  INTEREST  AT THE MAXIMUM
   23  PREVAILING RATE; "T" IS THE TOTAL NUMBER OF MONTHS  IN  THE  RECIPIENT'S
   24  PERIOD OF OBLIGATED SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE
   25  ACTUALLY  RENDERED  BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS
   26  ENTITLED TO RECOVER UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE  FIVE-
   27  YEAR  PERIOD  BEGINNING  ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY
   28  WITH THIS SERVICE CONDITION. NOTHING  IN  THE  WRITTEN  AGREEMENT  SHALL
   29  AFFECT  THE  TERMS  OF EMPLOYMENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE,
   30  SEPARATE AND APART FROM THE PROGRAM, HIS OR HER SALARY AND  OTHER  FORMS
   31  OF  EMPLOYMENT  WITH AN AGENCY, INSTITUTION, OR A PROGRAM IN WHICH HE OR
   32  SHE SHALL BE EMPLOYED.
   33    ANY OBLIGATION TO COMPLY WITH SUCH  PROVISIONS  AS  OUTLINED  IN  THIS
   34  SECTION  SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE COMMIS-
   35  SIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF
   36  ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
   37    D. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
   38  YORK STATE HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY
   39  THE PRESIDENT, AS TO THE PERFORMANCE OF THE REQUIRED SERVICES,  COMMENC-
   40  ING  WITH  THE  CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO ENGAGE IN
   41  THE TEACHING OR TRAINING OF NURSING STUDENTS IN A DEGREE PROGRAM  AT  AN
   42  ACCREDITED NURSING SCHOOL IN THIS STATE AND CONTINUING UNTIL THE RECIPI-
   43  ENT  SHALL  HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE SHALL NOT
   44  BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE RECIPIENT  SHALL
   45  FAIL TO FILE ANY REPORT REQUIRED PURSUANT TO THIS PARAGRAPH WITHIN THIR-
   46  TY  DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN
   47  ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER  IS
   48  LATER,  THE  PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP TO ONE
   49  THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE DISCRETION TO  WAIVE  THE
   50  FILING  OF  A  REPORT,  EXCUSE  A DELAY IN FILING OR A FAILURE TO FILE A
   51  REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
   52    E. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ADDI-
   53  TIONAL AWARDS.
       S. 4431                             3

    1    S 2. The education law is amended by adding a  new  section  671-a  to
    2  read as follows:
    3    S 671-A. NEW YORK STATE NURSING FACULTY SCHOLARSHIP INCENTIVE PROGRAM.
    4  1.  NUMBER  AND  CERTIFICATION. THIRTY NURSING SCHOLARSHIPS FOR ADVANCED
    5  DEGREES IN NURSING SHALL BE AWARDED EACH ACADEMIC YEAR BEGINNING IN  THE
    6  TWO  THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR. SUCH SCHOL-
    7  ARSHIPS SHALL BE  ALLOCATED  AS  PROVIDED  IN  SUBDIVISION  THIRTEEN  OF
    8  SECTION SIX HUNDRED FIVE OF THIS TITLE TO ELIGIBLE STUDENTS AS CERTIFIED
    9  TO THE PRESIDENT BY THE COMMISSIONER, EXCEPT THAT, IN SO FAR AS IS PRAC-
   10  TICABLE,  ONE-HALF  OF  SUCH  SCHOLARSHIPS  SHALL  BE AWARDED TO MASTERS
   11  DEGREE CANDIDATES AND ONE-HALF TO DOCTORAL DEGREE CANDIDATES.
   12    2. DURATION. EACH SCHOLARSHIP SHALL ENTITLE THE RECIPIENT TO AN ANNUAL
   13  AWARD WHILE ENROLLED IN AN  APPROVED  COURSE  OF  STUDY  LEADING  TO  AN
   14  ADVANCED  DEGREE  IN NURSING OR NURSING EDUCATION, BUT NOT EXCEEDING THE
   15  PERIOD OF STUDY REQUIRED TO COMPLETE  THE  PROGRAM,  AS  SUCH  PROGRESS,
   16  APPROVED  COURSES  AND  EXPECTED  PERIODS  OF  STUDY  ARE DEFINED BY THE
   17  COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS CHAPTER.
   18    3. AMOUNT.  THE  PRESIDENT  SHALL  MAKE  AWARDS  OF  FIFTEEN  THOUSAND
   19  DOLLARS, OR A PRORATED ANNUAL AMOUNT BASED ON THE NUMBER OF CREDIT HOURS
   20  IN  WHICH THE RECIPIENT IS ENROLLED, EXCEPT THAT SUCH ANNUAL AWARD SHALL
   21  NOT EXCEED THE RECIPIENT'S COST  OF  ATTENDANCE.  "COST  OF  ATTENDANCE"
   22  SHALL  MEAN  THE  COST  OF:  TUITION  AT AN APPROVED MASTERS OR DOCTORAL
   23  PROGRAM IN NURSING OR NURSING EDUCATION, WHICH THE  COMMISSIONER  DETER-
   24  MINES  WILL  ENHANCE  THE RECIPIENT'S PROFICIENCY AS A NURSING EDUCATOR;
   25  LABORATORY AND OTHER FEES; ROOM  AND  BOARD;  SUPPLIES;  TRANSPORTATION;
   26  HEALTH  INSURANCE  COVERAGE;  BOOKS;  CHILD  CARE; AND STIPEND FOR DAILY
   27  LIVING EXPENSES IN AN AMOUNT  TO  BE  DETERMINED  BY  THE  PRESIDENT  IN
   28  CONSULTATION WITH THE COMMISSIONER.
   29    S 3. This act shall take effect immediately.
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