S T A T E   O F   N E W   Y O R K
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                                  1586

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 3, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the education law, in relation to establishing the Oper-
  ating Room Nurses Opportunity Corps and making an appropriation there-
  for

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

  Section 1. Legislative findings and intent. The legislature finds that
many  hospitals  in the state are having difficulty obtaining qualified,
competent administrators who are experienced in  private  patient  care.
Furthermore,  the legislature finds that many operating room nurses, who
are experienced, qualified, and able to oversee hospital administration,
are oftentimes not afforded the opportunity to enter into the  field  of
hospital  administration  and  often lack the financial means to further
their education.
  It is the intent of the legislature to establish incentives through an
Operating Room Nurses Opportunity Corps  to  encourage  institutions  of
higher  education  to develop or enhance curricula within their hospital
and health services administration programs and  to  establish  programs
with local hospitals to promote effective hospital administration. It is
the  further  intent of the legislature to encourage academically-quali-
fied students who are members of groups which are historically underrep-
resented in hospital administration or who  are  economically  disadvan-
taged  to  prepare  for  admission into the hospital and health services
administration field through participation in the Operating Room  Nurses
Opportunity  Corps. It is also the intent of the legislature to create a
support system for members of  the  Operating  Room  Nurses  Opportunity
Corps  during  their academic career and during their early professional
years as hospital administrators.
  S 2. The education law is amended by adding a new  section  6453-a  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07316-01-9
              

S. 1586                             2

  S 6453-A. OPERATING ROOM NURSES OPPORTUNITY CORPS. 1. THE COMMISSIONER
SHALL  AWARD  GRANTS  TO  INSTITUTIONS  OF  HIGHER EDUCATION WHICH OFFER
APPROVED PROGRAMS LEADING TO PERMANENT CERTIFICATION  IN  THE  FIELD  OF
HOSPITAL  AND  HEALTH SERVICES ADMINISTRATION TO BE USED FOR THE PURPOSE
OF  ESTABLISHING AN OPERATING ROOM NURSES OPPORTUNITY CORPS (HEREINAFTER
REFERRED TO AS THE "CORPS") WHICH SHALL PROVIDE HOSPITAL  ADMINISTRATION
TRAINING  TO  PERSONS  WHO  ARE  OR HAVE BEEN EMPLOYED AS OPERATING ROOM
NURSES.
  2. GRANT APPLICATIONS SUBMITTED BY ELIGIBLE INSTITUTIONS SHALL INCLUDE
A PLAN ESTABLISHING THE FOLLOWING:
  A. THE METHODS TO BE USED IN RECRUITING  AND  SELECTING  STUDENTS  FOR
PARTICIPATION IN THE CORPS;
  B.  THE PERSONAL, ACADEMIC, CAREER AND FINANCIAL AID COUNSELING AVAIL-
ABLE TO PARTICIPATING STUDENTS;
  C. AN AGREEMENT WITH ONE OR MORE NEARBY HOSPITALS TO  PROVIDE  INTERN-
SHIPS AND CLINICAL EXPERIENCE FOR STUDENTS PARTICIPATING IN THE CORPS;
  D. A CURRICULUM ADVISORY COMMITTEE COMPRISED OF REPRESENTATIVES OF THE
INSTITUTION AND THE AFFILIATED HOSPITAL TO AID THE INSTITUTION IN DEVEL-
OPING THE SPECIALIZED CURRICULUM;
  E.  THE  INTERNSHIP  AND  CLINICAL  EXPERIENCE  TO  BE PROVIDED TO ALL
PARTICIPATING STUDENTS TO REINFORCE THE SPECIALIZED  CURRICULUM  OFFERED
THROUGH THE CORPS;
  F.  THE  RESOURCES  REQUIRED  TO  CONDUCT  THE PROPOSED CORPS PROGRAM,
INCLUDING THE RESOURCES TO BE PROVIDED BY THE INSTITUTION  IN  SATISFAC-
TION OF THE MATCHING REQUIREMENT; AND
  G.  THE  METHODS  TO  BE USED IN ALLOCATING SUPPLEMENTAL FINANCIAL AID
AMONG STUDENTS PARTICIPATING IN THE CORPS.
  3.   THE COMMISSIONER SHALL  PROMULGATE  RULES  AND  REGULATIONS  WITH
RESPECT  TO  APPLICATIONS REQUIRED UNDER SUBDIVISION TWO OF THIS SECTION
AND WITH RESPECT TO THE METHOD BY WHICH GRANTS SHALL BE  AWARDED.    THE
CRITERIA USED IN AWARDING GRANTS SHALL INCLUDE, BUT NOT BE LIMITED TO:
  A.    COMMITMENT OF THE INSTITUTION TO THE RECRUITMENT OF MINORITY AND
ECONOMICALLY DISADVANTAGED STUDENTS;
  B.  THE CAPACITY TO SECURE OR PROVIDE ADDITIONAL  SUPPORT  IN  AMOUNTS
EQUAL  TO  AT  LEAST FIFTEEN PERCENT OF THE SUPPORT PROVIDED PURSUANT TO
THIS SECTION  THROUGH  INSTITUTIONAL,  PRIVATE  AND  OTHER  GOVERNMENTAL
SOURCES AND THROUGH IN-KIND CONTRIBUTIONS; AND
  C.    THE  ANTICIPATED POTENTIAL OF THE CORPS PROGRAM, AS DESCRIBED IN
THE REQUIRED PLAN, TO SERVE AS AN EFFECTIVE MODEL FOR OTHER INSTITUTIONS
INTERESTED IN PREPARING SUCH A PROGRAM.
  4.  TO BE ELIGIBLE TO PARTICIPATE IN A CORPS PROGRAM, A  STUDENT  MUST
BE  A  RESIDENT  OF NEW YORK STATE, ECONOMICALLY DISADVANTAGED OR FROM A
MINORITY GROUP HISTORICALLY UNDERREPRESENTED IN  THE  HOSPITAL  ADMINIS-
TRATION FIELD, HAVE AT LEAST THREE YEARS EXPERIENCE AS AN OPERATING ROOM
NURSE, AND MUST DEMONSTRATE AN INTEREST IN A CAREER IN HOSPITAL ADMINIS-
TRATION.    INSTITUTIONS RECEIVING GRANTS PURSUANT TO THIS SECTION SHALL
SELECT STUDENTS TO PARTICIPATE IN THE CORPS IN ACCORDANCE WITH RULES AND
REGULATIONS TO BE PROMULGATED BY THE COMMISSIONER.  SUCH RULES AND REGU-
LATIONS SHALL ACCORD PRIORITY TO APPLICANTS IN THE FOLLOWING ORDER:
  A.  FIRST, TO ANY APPLICANT WHO IS FROM A MINORITY GROUP  HISTORICALLY
UNDERREPRESENTED  IN  THE FIELD OF HOSPITAL ADMINISTRATION AS DEFINED BY
THE REGENTS;
  B.   SECOND, TO ANY APPLICANT WHO  IS  ECONOMICALLY  DISADVANTAGED  AS
DEFINED BY THE REGENTS; AND
  C.    THIRD,  TO  ANY  OTHER  APPLICANT  MEETING THE ABOVE ELIGIBILITY
REQUIREMENTS.

S. 1586                             3

  5.  FUNDS AVAILABLE PURSUANT TO THIS SECTION SHALL BE USED FOR:
  A.    ACTIVITIES  DESCRIBED  IN  THE  REQUIRED PLAN AS APPROVED BY THE
COMMISSIONER;
  B.   SUPPLEMENTAL FINANCIAL ASSISTANCE IN  THE  FORM  OF  STIPENDS  TO
STUDENTS  FOR  THE  COST  OF ATTENDANCE.   COST OF ATTENDANCE SHALL MEAN
TUITION, REQUIRED FEES, BOOKS, TRANSPORTATION, ROOM AND BOARD,  AND  DAY
CARE EXPENSES, IF REQUIRED; AND
  C.    ADMINISTRATIVE  EXPENSES  APPROVED  BY THE COMMISSIONER UP TO AN
AMOUNT NOT TO EXCEED TEN PERCENT OF THE TOTAL FUNDING PROVIDED  PURSUANT
TO THIS SECTION.
  6.    FUNDS APPROPRIATED FOR PURPOSES OF THIS SECTION SHALL BE PAID IN
ACCORDANCE WITH A PAYMENT SCHEDULE TO BE ESTABLISHED BY THE  COMMISSION-
ER.
  7.    THE COMMISSIONER IS AUTHORIZED TO REQUIRE INSTITUTIONS RECEIVING
FUNDS PURSUANT TO THIS SECTION TO REPORT PERIODICALLY ON THE PROGRESS OF
CORPS PROGRAMS.  THE COMMISSIONER SHALL REPORT ANNUALLY TO THE  GOVERNOR
AND  THE  LEGISLATURE  ON OR BEFORE THE FIFTEENTH DAY OF FEBRUARY ON THE
PROGRESS OF THE CORPS PROGRAMS FUNDED PURSUANT TO THIS SECTION AND THEIR
EFFECTIVENESS IN EXPANDING REPRESENTATION OF MINORITIES AND ECONOMICALLY
DISADVANTAGED PERSONS IN THE FIELD OF HOSPITAL ADMINISTRATION.
  S 3.  The sum of one million dollars ($1,000,000), or so much  thereof
as  may be necessary, is hereby appropriated to the department of educa-
tion out of any moneys in the state treasury in the general fund to  the
credit  of the local assistance account, not otherwise appropriated, for
the payment of Operating Room Nurses Opportunity Corps  grants  pursuant
to  section 6453-a of the education law, as added by section two of this
act.
  S 4.  This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law, provided, however, that the provisions
of  subdivision  7  of  section 6453-a of the education law, as added by
section two of this act, providing for the commissioner  of  education's
annual  report to the governor and the legislature shall not take effect
until February 15,  2010,  and  for  all  subsequent  years  thereafter;
provided,  however,  that effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the  implementa-
tion  of  the foregoing sections of this act on their effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.