NY State Senate Bill 2009-S2920

Senate Bill S2920

2009-2010 Legislative Session

Establishes the empire state professional nursing scholarship program and grants for nursing education

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to health
Mar 06, 2009	referred to health

2009-S2920 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 2 Title VI §§266 & 267, Pub Health L; amd §942, Exec L

2009-S2920 (ACTIVE) - Summary

Establishes the empire state professional nursing scholarship program to provide financial support to applicants to enter or continue in a registered nurse educational program and who agree to deliver nursing care in a specialty, setting or designated region of New York state having a shortage of nurses or to teach nursing students; establishes grants for nursing education to establish or expand training programs for nurses and to increase the opportunities for nursing education at community based sites.

2009-S2920 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2920

 TITLE OF BILL :
An act to amend the public health law and the executive law, in
relation to establishing the empire state professional nursing
scholarship program and the council on professional career opportunity


 PURPOSE :
To establish the Empire State Professional Nursing Scholarship Program
and grants for nursing education

 SUMMARY OF PROVISIONS :
Article 2 of the Public Health Law is amended by adding a new Title 6
entitled the Empire State Professional Nursing Scholarship Program.

Section 260 authorizes the Commissioner of Education Health and
President of Higher Education Services Corporation (1) to establish a
program to provide financial support to applicants who enter or
continue in a registered nurse education program (2) identify shortage
areas in relation to either nursing specialty, setting or region of
New York State.

The award of scholarships to New York State residents will be based on
preferences and criteria specified in the legislation in subdivisions
four, five and six.

A scholarship award of up to $15,000 per year of study may be awarded
to both full or part-time study and are calculated based on the
student's expenses to attend nursing school. The legislation provides
for a written agreement by the award recipient to practice nursing for
a period of no less than eighteen months or serve as nursing faculty
for no less than three semesters. The legislation is specific as to
the services and settings that will qualify for the award.

If the recipient fails to comply with the identified conditions the
legislation provides a formula to determine an amount the recipient
will be required to repay.

Recipients are required to report annually to New York State Higher
Education Services Corporation regarding performance of the required
services.

Section 261 authorizes the Commissioner of Health in collaboration
with the Commissioner of Education to make grants to colleges, or
universities within New York State to establish or expand training
programs for registered professional nurses, clinical nurses
specialists and nurse educators to increase the opportunities for
nursing education at community-based sites.

The competitive grants will be awarded on the basis of criteria
established in subdivision three. The extent of the program is to
augment or increase training programs rather than offset existing
expenditures.

Section 942 of the Executive Law is amended to add a new subdivision
that creates an advisory committee to the council on professional
career opportunity to assist the council in regard to nursing
education.

 JUSTIFICATION :  The bill is a legislative proposal to promote access
to nursing education within institutions of higher education in New
York State.  The bill provides funding to support public and private
baccalaureate and graduate nursing education program. It provides
funding to enhance the recruitment and retention of nursing students.
Recent testimony by the New York State Nurses Association indicated
that the demand for registered nurses will outstrip supply by as much
as 20% by 2010. The average age of a registered nurse in New York is
47. The average age of nursing faculty is 55. The majority of nurses
will retire in 10-15 years, creating a significant shortage unless
steps are taken to successfully attract students into the profession
and retain other nurses.

The legislation provides for a new scholarship program rather than
loan forgiveness as more appropriate particularly for older nursing
students who may have difficulty getting loans due to family
obligations and outstanding debt.

 LEGISLATIVE HISTORY :
2007-08, S.1525-A; 2005-06, S.1226; 2003-2004, S.2404; 2001-2002,
S.3389.

 FISCAL IMPLICATIONS :
$15,000 per year per student with an estimated 1,000 participants for
the first year. $250,000 per institution with a target of at least 12
institutions participating. These figures will result in a $17 million
program.

State budget dollars are needed immediately to increase supply of RNs
However, efforts to expand educational slots and provide nursing
scholarships need to have ongoing stable funding. Such funding should
be included in the public goods component of HCRA. This legislation is
modeled after primary care practitioner programs, PHL 905 and 906,
previously funded through HCRA.

 EFFECTIVE DATE :
Immediately.

2009-S2920 (ACTIVE) - Bill Text download pdf

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

                                  2920

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 6, 2009
                               ___________

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

AN ACT to amend the public health law and the executive law, in relation
  to establishing the  empire  state  professional  nursing  scholarship
  program and the council on professional career opportunity

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

  Section 1. Article 2 of the public health law is amended by  adding  a
new title 6 to read as follows:

                                TITLE VI
          EMPIRE STATE PROFESSIONAL NURSING SCHOLARSHIP PROGRAM
SECTION 266. EMPIRE STATE PROFESSIONAL NURSING SCHOLARSHIP PROGRAM.
        267. GRANTS FOR NURSING EDUCATION.
  S  266.  EMPIRE STATE PROFESSIONAL NURSING SCHOLARSHIP PROGRAM. 1. THE
COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER  OF  EDUCATION  AND
THE  PRESIDENT  OF THE HIGHER EDUCATION SERVICES CORPORATION, IS AUTHOR-
IZED AND DIRECTED TO ESTABLISH THE  EMPIRE  STATE  PROFESSIONAL  NURSING
SCHOLARSHIP  PROGRAM TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO ENTER
OR CONTINUE IN A REGISTERED NURSE EDUCATIONAL PROGRAM AND WHO  AGREE  TO
(A)  DELIVER  NURSING CARE IN A SPECIALTY, SETTING OR REGION OF NEW YORK
STATE DESIGNATED BY THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMIS-
SIONER  OF  EDUCATION, AS HAVING A SHORTAGE OF REGISTERED NURSES; OR (B)
TEACH NURSING STUDENTS.
  2. THE COMMISSIONER IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS  PURSUANT
TO THIS SECTION, AND IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION,
TO  DESIGNATE  NURSING PRACTICE SPECIALTIES, HEALTH CARE SETTINGS AND/OR
REGIONS IN NEW YORK STATE THAT HAVE A  SHORTAGE  OF  REGISTERED  PROFES-
SIONAL  NURSES.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
OF EDUCATION, SHALL ESTABLISH A MEANS TO DETERMINE PRIORITY AND RELATIVE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09715-01-9

S. 2920                             2

RANKINGS FOR THE PURPOSES OF AWARDING SCHOLARSHIPS BASED ON  PREFERENCES
DESCRIBED IN SUBDIVISIONS FOUR, FIVE AND SIX OF THIS SECTION.
  3.  A  SCHOLARSHIP RECIPIENT SHALL BE A RESIDENT OF NEW YORK STATE WHO
(A) ATTENDS OR PLANS TO ATTEND A NURSING EDUCATION PROGRAM IN THE STATE;
AND (B) AGREES TO  PRACTICE  AS  A  REGISTERED  NURSE  IN  A  DESIGNATED
SPECIALITY,  SETTING  OR  REGION;  OR  (C) AGREES TO PRACTICE AS A NURSE
EDUCATOR. A SCHOLARSHIP RECIPIENT SHALL BE ENTITLED TO AN AWARD OF UP TO
FIFTEEN THOUSAND DOLLARS PER YEAR OF STUDY. SCHOLARSHIPS MAY BE  AWARDED
FOR  PART-TIME STUDY, AND ARE CALCULATED BASED ON THE STUDENT'S EXPENSES
TO ATTEND NURSING SCHOOL. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, COST OF ATTENDANCE AT AN  UNDERGRADUATE  OR  GRADUATE  SCHOOL  OF
NURSING,  SUCH  AS  TUITION,  LABORATORY AND OTHER FEES, ROOM AND BOARD,
TRANSPORTATION,  SUPPLIES,  UNIFORMS,  HEALTH  INSURANCE  COVERAGE,   IF
REQUIRED,  SUPPLIES,  BOOKS,  CHILD  CARE,  AND  COSTS  TO SUPPORT DAILY
LIVING.
  4. SCHOLARSHIPS SHALL BE AWARDED COMPETITIVELY USING SELECTION  CRITE-
RIA  LISTED  IN  THIS  SUBDIVISION.  IN SELECTING STUDENTS TO BE AWARDED
SCHOLARSHIPS, PREFERENCE SHALL BE GIVEN TO STUDENTS WHO ARE:
  (A) FIRST, ENTERING OR CONTINUING IN  A  PROGRAM  IN  NEW  YORK  STATE
APPROVED OR REGISTERED BY THE REGENTS, LEADING TO A BACHELOR'S OR GRADU-
ATE DEGREE IN NURSING;
  (B)  SECOND, ENTERING OR CONTINUING IN A PROGRAM LEADING TO A GRADUATE
DEGREE THAT QUALIFIES THE RECIPIENT  TO  TEACH  NURSING  STUDENTS  IN  A
PROGRAM IN NEW YORK STATE APPROVED OR REGISTERED BY THE REGENTS;
  (C) THIRD, HAVE EVIDENCE OF ACADEMIC MERIT;
  (D) FOURTH, HAVE EVIDENCE OF FINANCIAL NEED; AND
  (E) FIFTH, HAVE PREVIOUS WORK EXPERIENCE IN HEALTH CARE SETTINGS.
  5.  AFTER  THE FIRST YEAR OF AWARDS, HIGHEST PREFERENCE SHALL BE GIVEN
TO RECIPIENTS APPLYING FOR SECOND OR SUBSEQUENT YEARS OF FUNDING.
  6. IN THE EVENT THAT THERE ARE  MORE  APPLICANTS  WHO  HAVE  THE  SAME
PRIORITY  THAN  THERE  ARE  REMAINING  AWARDS,  OR THERE ARE MORE AWARDS
AVAILABLE THAN APPLICANTS WHO MEET THE ABOVE CRITERIA, THE COMMISSIONER,
IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION, SHALL DISTRIBUTE THE
REMAINING AWARDS BASED UPON CONSIDERATIONS AS  MAY  BE  DEEMED  MUTUALLY
AGREEABLE.    THE  COMMISSIONER  AND THE COMMISSIONER OF EDUCATION SHALL
DIRECT THAT THE AWARDS ARE DISTRIBUTED TO ENSURE  APPROPRIATE  GEOGRAPH-
ICAL DISTRIBUTION WITHIN AREAS OF NEED.
  7. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE, A
RECIPIENT OF AN AWARD SHALL AGREE TO PRACTICE NURSING FOR A PERIOD OF NO
LESS  THAN EIGHTEEN MONTHS, OR SERVE AS NURSING FACULTY FOR NO LESS THAN
THREE SEMESTERS, FOR EACH ANNUAL AWARD TO BE RECEIVED BY THE  RECIPIENT.
THE  COMMISSIONER  SHALL  SECURE FROM EACH RECIPIENT A WRITTEN AGREEMENT
TO:
  (I) PROVIDE PROFESSIONAL NURSING SERVICES IN A  DESIGNATED  SPECIALTY,
SETTING OR REGION; AND WORK IN A PRACTICE SITE THAT SERVES (A) BENEFICI-
ARIES  OF  TITLE  XVIII  OF  THE  FEDERAL SOCIAL SECURITY ACT (MEDICARE)
AND/OR (B) INDIVIDUALS ELIGIBLE FOR MEDICAL ASSISTANCE PURSUANT TO TITLE
ELEVEN OF ARTICLE FIVE OF THE SOCIAL SERVICES LAW AND/OR (C) INDIVIDUALS
ELIGIBLE FOR A STATE SPONSORED HEALTH INSURANCE PROGRAM AND/OR (D) INDI-
VIDUALS WHO ARE UNINSURED; AND PROVIDE AT LEAST THIRTY HOURS DURING EACH
REGULAR WORK WEEK OF  DIRECT  PATIENT  CARE  IN  A  DESIGNATED  SHORTAGE
SPECIALTY, SETTING OR REGION, OR
  (II) TEACH NURSING STUDENTS.
  8.  IF  A  RECIPIENT  FAILS  TO COMPLY FULLY WITH SUCH CONDITIONS, THE
PRESIDENT SHALL BE ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT  TO
BE DETERMINED BY THE FORMULA:

S. 2920                             3

                              A = 2B (T-S)
                                  --------
                                       T
IN  WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER, "B" IS
THE SUM OF ALL AWARDS MADE TO THE RECIPIENT 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  CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT  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 OBLI-
GATION TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION  SHALL
BE  CANCELED  UPON  THE  DEATH  OF THE RECIPIENT. THE COMMISSIONER SHALL
PROMULGATE REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY
FINANCIAL  OBLIGATION  WHEN  COMPLIANCE  WOULD INVOLVE EXTREME HARDSHIP.
ANY OBLIGATION TO COMPLY WITH THE PROVISIONS OUTLINED  IN  THIS  SECTION
SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT.
  9. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY THE PRESI-
DENT,  AS  TO  THE PERFORMANCE OF THE REQUIRED SERVICES, COMMENCING WITH
THE CALENDAR YEAR IN WHICH THE RECIPIENT HAS COMPLETED  THE  EDUCATIONAL
COURSE OF STUDY AND CONTINUING UNTIL THE RECIPIENT SHALL HAVE COMPLETED,
OR  UNTIL  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 HEREUNDER WITHIN THIRTY 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 PRESI-
DENT 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.
  10.  THE COMMISSIONER IS AUTHORIZED TO APPLY ANY FUNDS APPROPRIATED TO
IMPLEMENT THIS SECTION AS MATCHING FUNDS FOR ANY FEDERAL NURSING  EDUCA-
TION  PROGRAMS GRANTS THAT MAY BE OR BECOME AVAILABLE WHOSE CRITERIA ARE
SIMILAR TO THOSE STATED IN THIS CHAPTER.
  S 267. GRANTS FOR NURSING EDUCATION. 1. THE COMMISSIONER,  IN  COLLAB-
ORATION WITH THE COMMISSIONER OF EDUCATION, IS AUTHORIZED TO MAKE GRANTS
TO  COLLEGES,  OR  UNIVERSITIES  WITHIN  NEW  YORK STATE TO ESTABLISH OR
EXPAND TRAINING PROGRAMS FOR REGISTERED  PROFESSIONAL  NURSES,  CLINICAL
NURSE SPECIALISTS, AND NURSE EDUCATORS AND TO INCREASE THE OPPORTUNITIES
FOR NURSING EDUCATION AT COMMUNITY-BASED SITES.
  2. GRANT FUNDS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUITMENT AND
DEVELOPMENT, START-UP COSTS AND COSTS INCURRED TEACHING NURSING STUDENTS
AT  COMMUNITY-BASED  SITES,  INCLUDING,  BUT  NOT LIMITED TO, PERSONNEL,
ADMINISTRATION AND STUDENT RELATED EXPENSES AND  OTHER  EXPENSES  JUDGED
REASONABLE AND NECESSARY BY THE COMMISSIONER.
  3.  GRANTS  SHALL  BE AWARDED ON A COMPETITIVE BASIS IN AMOUNTS NOT TO
EXCEED AN AGGREGATE OF TWO HUNDRED  FIFTY  THOUSAND  DOLLARS  THROUGH  A
REQUEST  FOR  APPLICATION  PROCESS.  IN  MAKING AWARDS, THE COMMISSIONER
SHALL CONSIDER:

S. 2920                             4

  (A) THE NEED FOR REGISTERED NURSES,  CLINICAL  NURSE  SPECIALISTS  AND
NURSE  EDUCATORS  IN THE SPECIALTY AND IN THE REGION IN WHICH THE APPLI-
CANT IS LOCATED;
  (B) THE COST-EFFECTIVENESS OF THE PROPOSAL; AND
  (C) THE APPLICANT'S COMMITMENT TO PLACE GRADUATES IN NURSING POSITIONS
IN DESIGNATED SPECIALTIES, SETTINGS AND/OR REGIONS.
  4.  THE  INTENT  OF  THE  PROGRAM  IS  TO AUGMENT OR INCREASE TRAINING
PROGRAMS FOR REGISTERED PROFESSIONAL NURSES, BOTH  AT  ENTRY  LEVEL  AND
GRADUATE  LEVELS  INCLUDING BACCALAUREATE COMPLETION PROGRAMS, SPECIALTY
CERTIFICATE, MASTER'S AND DOCTORAL DEGREES. GRANT FUNDING SHALL  NOT  BE
USED  TO  OFFSET  EXISTING  EXPENDITURES  THE INSTITUTION OR PROGRAM HAS
OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
  S 2. Section 942 of the executive law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  FOR  THE PURPOSE OF ADVISING AND ASSISTING THE COUNCIL IN CARRYING
OUT ITS POWERS AND DUTIES IN REGARD TO NURSING EDUCATION THERE IS HEREBY
ESTABLISHED AN ADVISORY COMMITTEE  ON  NURSING  EDUCATION  COMPRISED  OF
ELEVEN  MEMBERS.  THE  MEMBERS AND CHAIRPERSON OF THE ADVISORY COMMITTEE
SHALL BE SELECTED BY THE CHAIRPERSON OF THE COUNCIL  AND  SHALL  INCLUDE
REPRESENTATIVES  OF PUBLIC AND INDEPENDENT INSTITUTIONS OF HIGHER EDUCA-
TION OFFERING AN APPROVED PROGRAM IN NURSING AND REGISTERED PROFESSIONAL
NURSES AUTHORIZED OR LICENSED TO PRACTICE NURSING WITHIN  THE  STATE  OF
NEW YORK. THE MEMBERSHIP OF THE ADVISORY COMMITTEE SHALL INCLUDE MINORI-
TY REPRESENTATION.
  S 3. This act shall take effect immediately.

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