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

                                  9910

                          I N  A S S E M B L Y

                             April 20, 2012
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GOTTFRIED,  CAHILL, JAFFEE, LAVINE,
  CASTRO,  DINOWITZ,  GUNTHER,  ABINANTI,  GALEF,  JACOBS,   MAGNARELLI,
  P. RIVERA,  SCARBOROUGH,  WEISENBERG, MILLMAN -- Multi-Sponsored by --
  M. of A. REILLY, THIELE -- read once and referred to the Committee  on
  Higher Education

AN  ACT  to amend the education law, in relation to mandatory continuing
  education for nurses

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

  Section  1.  The education law is amended by adding a new section 6911
to read as follows:
  S 6911. MANDATORY CONTINUING  EDUCATION  FOR  REGISTERED  PROFESSIONAL
NURSES.  1.  (A)  EACH  LICENSED  REGISTERED PROFESSIONAL NURSE REQUIRED
UNDER THIS ARTICLE TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO  PRAC-
TICE IN THE STATE SHALL COMPLY WITH PROVISIONS OF THE MANDATORY CONTINU-
ING EDUCATION REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION
EXCEPT AS SET FORTH IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION. NURS-
ES  WHO  DO  NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND HAVE  BEEN
ISSUED  A  REGISTRATION  CERTIFICATE,  EXCEPT  THAT A NURSE MAY PRACTICE
WITHOUT HAVING MET SUCH REQUIREMENTS IF HE OR SHE  IS  ISSUED  A  CONDI-
TIONAL  REGISTRATION  CERTIFICATE  PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
  (B) REGISTERED PROFESSIONAL NURSES SHALL BE EXEMPT FROM THE  MANDATORY
CONTINUING  EDUCATION  REQUIREMENT FOR THE TRIENNIAL REGISTRATION PERIOD
DURING WHICH THEY ARE FIRST LICENSED. IN ACCORD WITH THE INTENT OF  THIS
SECTION,  ADJUSTMENT  TO  THE MANDATORY CONTINUING EDUCATION REQUIREMENT
MAY BE GRANTED BY THE DEPARTMENT FOR REASONS OF HEALTH CERTIFIED  BY  AN
APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED REGISTERED PROFESSIONAL NURSE NOT ENGAGED  IN  PRACTICE
AS  DETERMINED  BY  THE  DEPARTMENT,  SHALL BE EXEMPT FROM THE MANDATORY
CONTINUING EDUCATION REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE

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

                                                           LBD09680-04-2

A. 9910                             2

DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE  PRAC-
TICE  OF  REGISTERED PROFESSIONAL NURSING DURING THE TRIENNIAL REGISTRA-
TION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE  PROFES-
SION  AND  SHALL  MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  SHALL  COMPLETE  A  MINIMUM  OF  FORTY-FIVE HOURS OF ACCEPTABLE
FORMAL CONTINUING EDUCATION, AS SPECIFIED IN SUBDIVISION  FOUR  OF  THIS
SECTION. ANY REGISTERED PROFESSIONAL NURSE WHOSE FIRST REGISTRATION DATE
FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS SECTION OCCURS LESS THAN THREE
YEARS FROM SUCH EFFECTIVE  DATE,  SHALL  COMPLETE  CONTINUING  EDUCATION
HOURS  ON  A  PRORATED BASIS AT THE RATE OF ONE AND ONE QUARTER HOUR PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND  THIRTEEN  UP
TO THE FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT BE ISSUED
A  TRIENNIAL  REGISTRATION  CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT
PRACTICE UNLESS AND UNTIL  A  CONDITIONAL  REGISTRATION  CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBDIVISION THREE OF THIS SECTION.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A  LICENSEE  WHO  FAILS  TO  MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
EDUCATION AND WHO PRACTICES REGISTERED PROFESSIONAL NURSING WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  4. AS USED IN SUBDIVISION TWO  OF  THIS  SECTION,  "ACCEPTABLE  FORMAL
CONTINUING  EDUCATION"  SHALL  MEAN  FORMAL COURSES OF LEARNING THAT ARE
ACCEPTABLE TO THE DEPARTMENT, INCLUDING COURSES  IN  AN  ACCREDITED  AND
APPROVED  REGISTERED PROFESSIONAL NURSING DEGREE OR CERTIFICATE PROGRAM,
WHICH CONTRIBUTE TO PROFESSIONAL PRACTICE AS A  REGISTERED  PROFESSIONAL
NURSE  AND  WHICH  MEET  THE  STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER.
  5. REGISTERED PROFESSIONAL NURSES SHALL MAINTAIN  ADEQUATE  DOCUMENTA-
TION  OF  COMPLETION OF ACCEPTABLE FORMAL CONTINUING EDUCATION AND SHALL
PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPARTMENT.
  6. THE MANDATORY CONTINUING EDUCATION FEE SHALL BE FORTY-FIVE DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY SECTION SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE.
  S  2.  This  act  shall take effect January 1, 2013; provided that any
rules and regulations necessary to implement the provisions of this  act
on  its  effective  date  are authorized and directed to be promulgated,
repealed and/or amended by such effective date.