BILL NUMBER:  S1074

 TITLE OF BILL :
An act to amend the education law, in relation to the educational
preparation for practice of professional nursing


 PURPOSE :
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 LEGISLATION :
Section 1: The legislature hereby finds and declares that with the
increasing complexity of the American health care system and rapidly
expanding technology, the educational preparation of the registered
professional nurse must be expanded.  Consequently, this bill requires
that a baccalaureate degree be obtained for the continued registration
as a registered professional nurse.

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: (a) any
student entering a generic program preparing registered professional
nurses after the effective date of this act; (b) any student currently
enrolled in, or having an application pending in, a program preparing
registered nurses as of the effective date of this act; and (c) any
person already licensed as a registered professional nurse or any
unlicensed graduate professional nurse who is eligible to take the
National Council Licensure Examination as of the effective date of
this act.

Section 4. Effective Date

 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 RN's 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 New 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 SUNY A 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
RN's, 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 RN's 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.
 LEGISLATIVE HISTORY :
2005-2006: S. 5056-A - Higher Education; 2007-2008 Higher Education

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately and the commissioner is
authorized to promulgate any rule or regulation necessary to implement
the provisions of this act.