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

                                  5924

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             August 7, 2013
                               ___________

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

AN ACT to amend the education law, in relation to the educational prepa-
  ration for practice of professional nursing

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

  Section  1.  The  legislature  hereby finds and declares that with the
increasing complexity of the  American  healthcare  system  and  rapidly
expanding  technology,  the  educational  preparation  of the registered
professional nurse must be expanded. The nurse of  the  future  must  be
prepared  to  partner  with  multiple  disciplines as a collaborator and
manager of the complex patient care journey. Shorter lengths  of  stays,
higher  patient  acuity,  and more sophisticated technologies and proce-
dures are increasing the complexity of patient  care  -  which  in  turn
places  great  demands  on  nursing  competencies.  Other  countries are
responding to these changes by requiring the baccalaureate degree as  an
entry  requirement  for  nursing  licensure  while other professions are
demanding master and doctoral degrees  as  their  entry  point.  Several
recent  research  studies  clearly  demonstrate the added value of addi-
tional education in relation to improved  patient  outcomes;  one  study
demonstrates  that  each ten percent increase in the number of baccalau-
reate prepared nurses results in a five  percent  decrease  in  surgical
patient  deaths.  Therefore,  the  legislature  finds that expanding the
educational requirements for the profession of nursing, while  maintain-
ing  the  multiple  entry  points  into the profession, is needed.  This
legislation affects future nurses graduating from  associate  degree  or
diploma nursing programs who would be required to obtain a baccalaureate
in  nursing  within  ten  years of initial licensure. All current nurses
licensed in New York and students in programs preparing  for  registered
professional  nursing  are  to  be exempt from the new requirement. This
legislation is mirrored after the progressive education requirement  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02884-01-3
              

S. 5924                             2

teachers  in  New York state. Numerous regulatory and accrediting bodies
have recommended this change as a means to address sophisticated patient
care needs resulting from shorter lengths of  stay,  higher  acuity  and
more sophisticated interventions. This proposal is the result of a grow-
ing  body  of  research  evidence  that  additional education results in
better patient outcomes. Therefore by requiring the baccalaureate degree
for continued registration  as  a  registered  professional  nurse  this
legislation  seeks  to  be  responsive  to meet the increasingly complex
health care needs of the residents of New York state.
  S 2. Subdivision 2 of section 6905 of the education law, as amended by
chapter 994 of the laws of 1971 and such section as renumbered by  chap-
ter 50 of the laws of 1972, is amended to read as follows:
  (2)  Education: have received an education, and a diploma or degree in
professional nursing, in accordance with the commissioner's regulations,
AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL  LICENSURE  IN  ACCORDANCE
WITH  THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS DISCRETION,
MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL  REQUIRE-
MENT  WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL  REGISTRA-
TION.  THE  DURATION  OF  SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR  NO  MORE  THAN
ONE  ADDITIONAL  YEAR.  ANY  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT  SUCH
REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
  S 3. The provisions of this act shall not apply to:
  a. any student entering  a  generic  baccalaureate  program  preparing
registered professional nurses after the effective date of this act;
  b. any student currently enrolled in, or having an application pending
in,  a  program  preparing registered nurses as of the effective date of
this act;
  c. any person already licensed as a registered professional  nurse  or
any  unlicensed  graduate professional nurse who is eligible to take the
National Council Licensure Examination as of the effective date of  this
act.
  S  4.  This  act shall take effect immediately and the commissioner of
education is authorized to promulgate any rule or  regulation  necessary
to implement the provisions of this act.