S T A T E   O F   N E W   Y O R K
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                                  7102

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 20, 2009
                               ___________

Introduced  by M. of A. GUNTHER, LIFTON, WALKER -- Multi-Sponsored by --
  M. of A. ALFANO, BARRA -- read once and referred to the  Committee  on
  Higher Education

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:

  Section 1. Section 605 of the education law is amended by adding a new
subdivision 13 to read as follows:
  13. NEW YORK STATE NURSING FACULTY SCHOLARSHIP INCENTIVE  PROGRAM.  A.
PURPOSE.  THE  COMMISSIONER  SHALL AWARD SCHOLARSHIPS FOR THE PURPOSE OF
INCREASING THE NUMBER OF EDUCATORS AND ADJUNCT CLINICAL FACULTY TEACHING
IN A FIELD OF NURSING EDUCATION IN NEW  YORK  STATE.  SUCH  SCHOLARSHIPS
SHALL BE AWARDED ON A COMPETITIVE BASIS TO APPLICANTS WHO ARE REGISTERED
PROFESSIONAL NURSES WITH PREVIOUS CLINICAL EXPERIENCE IN NURSING AND WHO
DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO MASTERS OR DOCTORAL PROGRAMS
IN  NURSING  WHICH WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS A NURSING
EDUCATOR. PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO  ARE  EMPLOYED  AS
REGISTERED  PROFESSIONAL  NURSES,  WILL  ATTEND SUCH MASTERS OR DOCTORAL
PROGRAM FULL-TIME AND WHOSE COST TO ATTEND  SUCH  PROGRAM  IS  PARTIALLY
UNDERWRITTEN A MINIMUM OF TWENTY-FIVE PERCENT BY AGREEMENT WITH A COMMU-
NITY AGENCY, HEALTH CARE PROVIDER AND/OR APPROVED NURSING PROGRAM.
  B.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
SION, APPLICANTS SHALL AGREE TO SERVE, UPON  COMPLETION  OF  THE  DEGREE
PROGRAM, AS NURSING EDUCATORS OR AS ADJUNCT CLINICAL FACULTY IN APPROVED
NURSING PROGRAMS WITHIN NEW YORK STATE THAT LEAD TO LICENSURE IN NURSING
UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER.  APPLICANTS SHALL
SERVE  THE  EQUIVALENT OF NINE MONTHS FULL-TIME SERVICE IN SUCH PROGRAMS
FOR EACH ANNUAL AWARD RECEIVED BY THE RECIPIENT, BUT NO  LESS  THAN  TWO
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.
                                                           LBD02129-01-9
              

A. 7102                             2

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

                              A = 2B (T-S)
                                     -----
                                       T

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

A. 7102                             3

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