S T A T E   O F   N E W   Y O R K
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                                  1281

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GOTTFRIED,  CAHILL, JAFFEE, LAVINE,
  CASTRO, DINOWITZ, GUNTHER, ABINANTI, GALEF, JACOBS, MAGNARELLI,  SCAR-
  BOROUGH,  WEISENBERG,  MILLMAN,  ROBINSON, WEPRIN, SKARTADOS -- Multi-
  Sponsored by -- M. of A. LUPARDO,  PERRY,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05067-01-3
              

A. 1281                             2

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
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 FOURTEEN 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,  2014;  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.