S T A T E   O F   N E W   Y O R K
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                                 4431--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 20, 2015
                               ___________

Introduced  by Sens. AVELLA, MONTGOMERY -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion -- recommitted to the Committee on Higher Education in accordance
  with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01598-02-6
              

S. 4431--A                          2

FOR EACH ANNUAL AWARD RECEIVED BY THE RECIPIENT, BUT NO  LESS  THAN  TWO
ACADEMIC  YEARS.  SUCH  SERVICE  SHALL  BE  COMPLETED AND APPORTIONED IN
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.

S. 4431--A                          3

  E. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ADDI-
TIONAL AWARDS.
  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 SEVENTEEN--TWO THOUSAND EIGHTEEN ACADEMIC YEAR. SUCH SCHOL-
ARSHIPS 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 PRAC-
TICABLE,  ONE-HALF  OF  SUCH  SCHOLARSHIPS  SHALL  BE AWARDED TO MASTERS
DEGREE CANDIDATES 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.