S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    503
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, LIFTON, STECK, COLTON, JAFFEE, COOK,
   BRONSON, JOYNER, RA, McDONOUGH, CROUCH, CURRAN --  Multi-Sponsored  by
   --  M.  of A. ABBATE, PERRY -- read once and referred to the Committee
   on Higher Education
 
 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
 FOR  EACH  ANNUAL  AWARD RECEIVED BY THE RECIPIENT, BUT NO LESS THAN TWO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01005-01-7

 A. 503                              2
 
 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.
   E. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ADDI-
 TIONAL AWARDS.

 A. 503                              3
 
   §  2.  The  education  law is amended by adding a new section 671-a to
 read as follows:
   § 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 NINETEEN--TWO THOUSAND TWENTY ACADEMIC YEAR. SUCH SCHOLAR-
 SHIPS 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 PRACTICABLE,
 ONE-HALF OF SUCH SCHOLARSHIPS SHALL BE AWARDED TO MASTERS DEGREE  CANDI-
 DATES 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.
   § 3. This act shall take effect immediately.