S T A T E   O F   N E W   Y O R K
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                                    764
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law and the executive law, in relation  to
   establishing the empire state professional nursing scholarship program
   and the council on professional career opportunity

   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  two  new  sections
 6912 and 6913 to read as follows:
   § 6912.  EMPIRE STATE PROFESSIONAL NURSING SCHOLARSHIP PROGRAM. 1. THE
 COMMISSIONER,  IN  COLLABORATION WITH THE COMMISSIONER OF HEALTH AND THE
 PRESIDENT OF THE HIGHER EDUCATION SERVICES  CORPORATION,  IS  AUTHORIZED
 AND DIRECTED TO ESTABLISH THE EMPIRE STATE PROFESSIONAL NURSING SCHOLAR-
 SHIP  PROGRAM  TO  PROVIDE  FINANCIAL  SUPPORT TO APPLICANTS TO ENTER OR
 CONTINUE IN A REGISTERED NURSE EDUCATIONAL PROGRAM  AND  WHO  AGREE  TO:
 (A)  DELIVER  NURSING CARE IN A SPECIALTY, SETTING OR REGION OF NEW YORK
 STATE DESIGNATED BY THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMIS-
 SIONER  OF  HEALTH,  AS  HAVING  A SHORTAGE OF REGISTERED NURSES; OR (B)
 TEACH NURSING STUDENTS.
   2. THE COMMISSIONER IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS  PURSUANT
 TO THIS SECTION, AND IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, TO
 DESIGNATE  NURSING  PRACTICE  SPECIALTIES,  HEALTH  CARE SETTINGS AND/OR
 REGIONS IN NEW YORK STATE THAT HAVE A  SHORTAGE  OF  REGISTERED  PROFES-
 SIONAL  NURSES.  THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER
 OF HEALTH, SHALL ESTABLISH A MEANS TO DETERMINE  PRIORITY  AND  RELATIVE
 RANKINGS  FOR THE PURPOSES OF AWARDING SCHOLARSHIPS BASED ON PREFERENCES
 DESCRIBED IN SUBDIVISIONS FOUR, FIVE AND SIX OF THIS SECTION.
   3. A SCHOLARSHIP RECIPIENT SHALL BE A RESIDENT OF NEW YORK STATE  WHO:
 (A) ATTENDS OR PLANS TO ATTEND A NURSING EDUCATION PROGRAM IN THE STATE;
 AND  (B)  AGREES  TO  PRACTICE  AS  A  REGISTERED  NURSE IN A DESIGNATED
 SPECIALITY, SETTING OR REGION; OR (C) AGREES  TO  PRACTICE  AS  A  NURSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04868-01-7

 A. 764                              2
 
 EDUCATOR. A SCHOLARSHIP RECIPIENT SHALL BE ENTITLED TO AN AWARD OF UP TO
 FIFTEEN  THOUSAND DOLLARS PER YEAR OF STUDY. SCHOLARSHIPS MAY BE AWARDED
 FOR PART-TIME STUDY, AND ARE CALCULATED BASED ON THE STUDENT'S  EXPENSES
 TO ATTEND NURSING SCHOOL. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  COST  OF  ATTENDANCE  AT AN UNDERGRADUATE OR GRADUATE SCHOOL OF
 NURSING, SUCH AS TUITION, LABORATORY AND OTHER  FEES,  ROOM  AND  BOARD,
 TRANSPORTATION,   SUPPLIES,  UNIFORMS,  HEALTH  INSURANCE  COVERAGE,  IF
 REQUIRED, SUPPLIES, BOOKS,  CHILD  CARE,  AND  COSTS  TO  SUPPORT  DAILY
 LIVING.
   4.  SCHOLARSHIPS SHALL BE AWARDED COMPETITIVELY USING SELECTION CRITE-
 RIA LISTED IN THIS SUBDIVISION. IN  SELECTING  STUDENTS  TO  BE  AWARDED
 SCHOLARSHIPS, PREFERENCE SHALL BE GIVEN TO STUDENTS WHO ARE:
   (A)  FIRST,  ENTERING  OR  CONTINUING  IN  A PROGRAM IN NEW YORK STATE
 APPROVED OR REGISTERED BY THE REGENTS, LEADING TO A BACHELOR'S OR GRADU-
 ATE DEGREE IN NURSING;
   (B) SECOND, ENTERING OR CONTINUING IN A PROGRAM LEADING TO A  GRADUATE
 DEGREE  THAT  QUALIFIES  THE  RECIPIENT  TO  TEACH NURSING STUDENTS IN A
 PROGRAM IN NEW YORK STATE APPROVED OR REGISTERED BY THE REGENTS;
   (C) THIRD, HAVE EVIDENCE OF ACADEMIC MERIT;
   (D) FOURTH, ARE MEMBERS OF A FEDERALLY-RECOGNIZED MINORITY GROUP;
   (E) FIFTH, HAVE EVIDENCE OF FINANCIAL NEED; AND
   (F) SIXTH, HAVE PREVIOUS WORK EXPERIENCE IN HEALTH CARE SETTINGS.
   5. AFTER THE FIRST YEAR OF AWARDS, HIGHEST PREFERENCE SHALL  BE  GIVEN
 TO RECIPIENTS APPLYING FOR SECOND OR SUBSEQUENT YEARS OF FUNDING.
   6.  IN  THE  EVENT  THAT  THERE  ARE MORE APPLICANTS WHO HAVE THE SAME
 PRIORITY THAN THERE ARE REMAINING  AWARDS,  OR  THERE  ARE  MORE  AWARDS
 AVAILABLE THAN APPLICANTS WHO MEET THE ABOVE CRITERIA, THE COMMISSIONER,
 IN  CONSULTATION  WITH  THE COMMISSIONER OF HEALTH, SHALL DISTRIBUTE THE
 REMAINING AWARDS BASED UPON CONSIDERATIONS AS  MAY  BE  DEEMED  MUTUALLY
 AGREEABLE.  THE COMMISSIONER AND THE COMMISSIONER OF HEALTH SHALL DIRECT
 THAT  THE  AWARDS  ARE  DISTRIBUTED  TO  ENSURE APPROPRIATE GEOGRAPHICAL
 DISTRIBUTION WITHIN AREAS OF NEED.
   7. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE, A
 RECIPIENT OF AN AWARD SHALL AGREE TO PRACTICE NURSING FOR A PERIOD OF NO
 LESS THAN EIGHTEEN MONTHS, OR SERVE AS NURSING FACULTY FOR NO LESS  THAN
 THREE  SEMESTERS, FOR EACH ANNUAL AWARD TO BE RECEIVED BY THE RECIPIENT.
 THE COMMISSIONER SHALL SECURE FROM EACH RECIPIENT  A  WRITTEN  AGREEMENT
 TO:
   (A)  PROVIDE  PROFESSIONAL NURSING SERVICES IN A DESIGNATED SPECIALTY,
 SETTING OR REGION; AND WORK IN A PRACTICE SITE THAT SERVES (I) BENEFICI-
 ARIES OF TITLE XVIII OF  THE  FEDERAL  SOCIAL  SECURITY  ACT  (MEDICARE)
 AND/OR  (II)  INDIVIDUALS  ELIGIBLE  FOR  MEDICAL ASSISTANCE PURSUANT TO
 TITLE ELEVEN OF ARTICLE FIVE OF THE SOCIAL  SERVICES  LAW  AND/OR  (III)
 INDIVIDUALS  ELIGIBLE  FOR  A  STATE  SPONSORED HEALTH INSURANCE PROGRAM
 AND/OR (IV) INDIVIDUALS WHO ARE UNINSURED; AND PROVIDE AT  LEAST  THIRTY
 HOURS  DURING  EACH REGULAR WORK WEEK OF DIRECT PATIENT CARE IN A DESIG-
 NATED SHORTAGE SPECIALTY, SETTING OR REGION; OR
   (B) TEACH NURSING STUDENTS.
   8. IF A RECIPIENT FAILS TO COMPLY  FULLY  WITH  SUCH  CONDITIONS,  THE
 PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL BE ENTITLED
 TO  RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE FORMU-
 LA:
                               A = 2B (T-S)
                                   --------
                                        T

 A. 764                              3
 
 IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER, "B"  IS
 THE  SUM  OF  ALL  AWARDS MADE TO THE RECIPIENT 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 CONDI-
 TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
 MENT 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 OBLI-
 GATION  TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL
 BE CANCELED UPON THE DEATH OF  THE  RECIPIENT.  THE  COMMISSIONER  SHALL
 PROMULGATE  REGULATIONS  TO  PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
 FINANCIAL OBLIGATION WHEN COMPLIANCE  WOULD  INVOLVE  EXTREME  HARDSHIP.
 ANY  OBLIGATION  TO  COMPLY WITH THE PROVISIONS OUTLINED IN THIS SECTION
 SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT.
   9. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
 HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY THE PRESI-
 DENT OF THE HIGHER EDUCATION SERVICES CORPORATION, AS TO THE PERFORMANCE
 OF THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR YEAR IN WHICH THE
 RECIPIENT HAS COMPLETED THE EDUCATIONAL COURSE OF STUDY  AND  CONTINUING
 UNTIL THE RECIPIENT SHALL HAVE COMPLETED, OR UNTIL 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  HEREUNDER  WITHIN
 THIRTY  DAYS  OF  WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS
 SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED,  WHICH-
 EVER  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.
   10. THE COMMISSIONER IS AUTHORIZED TO APPLY ANY FUNDS APPROPRIATED  TO
 IMPLEMENT  THIS SECTION AS MATCHING FUNDS FOR ANY FEDERAL NURSING EDUCA-
 TION PROGRAMS GRANTS THAT MAY BE OR BECOME AVAILABLE WHOSE CRITERIA  ARE
 SIMILAR TO THOSE STATED IN THIS CHAPTER.
   §  6913. GRANTS FOR NURSING EDUCATION. 1. THE COMMISSIONER, IN COLLAB-
 ORATION WITH THE COMMISSIONER OF HEALTH, IS AUTHORIZED TO MAKE GRANTS TO
 COLLEGES, OR UNIVERSITIES WITHIN NEW YORK STATE TO ESTABLISH  OR  EXPAND
 TRAINING  PROGRAMS  FOR  REGISTERED  PROFESSIONAL NURSES, CLINICAL NURSE
 SPECIALISTS, AND NURSE EDUCATORS AND TO INCREASE THE  OPPORTUNITIES  FOR
 NURSING EDUCATION AT COMMUNITY-BASED SITES.
   2. GRANT FUNDS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUITMENT AND
 DEVELOPMENT, START-UP COSTS AND COSTS INCURRED TEACHING NURSING STUDENTS
 AT  COMMUNITY-BASED  SITES,  INCLUDING,  BUT  NOT LIMITED TO, PERSONNEL,
 ADMINISTRATION AND STUDENT RELATED EXPENSES AND  OTHER  EXPENSES  JUDGED
 REASONABLE AND NECESSARY BY THE COMMISSIONER.
   3.  GRANTS  SHALL  BE AWARDED ON A COMPETITIVE BASIS IN AMOUNTS NOT TO
 EXCEED AN AGGREGATE OF TWO HUNDRED  FIFTY  THOUSAND  DOLLARS  THROUGH  A
 REQUEST  FOR  APPLICATION  PROCESS.  IN  MAKING AWARDS, THE COMMISSIONER
 SHALL CONSIDER:
   (A) THE NEED FOR REGISTERED NURSES,  CLINICAL  NURSE  SPECIALISTS  AND
 NURSE  EDUCATORS  IN THE SPECIALTY AND IN THE REGION IN WHICH THE APPLI-
 CANT IS LOCATED;
   (B) THE COST-EFFECTIVENESS OF THE PROPOSAL; AND

 A. 764                              4
 
   (C) THE APPLICANT'S COMMITMENT TO PLACE GRADUATES IN NURSING POSITIONS
 IN DESIGNATED SPECIALTIES, SETTINGS AND/OR REGIONS.
   4.  THE  INTENT  OF  THE  PROGRAM  IS  TO AUGMENT OR INCREASE TRAINING
 PROGRAMS FOR REGISTERED PROFESSIONAL NURSES, BOTH  AT  ENTRY  LEVEL  AND
 GRADUATE  LEVELS  INCLUDING BACCALAUREATE COMPLETION PROGRAMS, SPECIALTY
 CERTIFICATE, MASTER'S AND DOCTORAL DEGREES. GRANT FUNDING SHALL  NOT  BE
 USED  TO  OFFSET  EXISTING  EXPENDITURES  THE INSTITUTION OR PROGRAM HAS
 OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
   § 2. Section 942 of the executive law  is  amended  by  adding  a  new
 subdivision 7 to read as follows:
   7.  FOR  THE PURPOSE OF ADVISING AND ASSISTING THE COUNCIL IN CARRYING
 OUT ITS POWERS AND DUTIES IN REGARD TO NURSING EDUCATION THERE IS HEREBY
 ESTABLISHED AN ADVISORY COMMITTEE  ON  NURSING  EDUCATION  COMPRISED  OF
 ELEVEN  MEMBERS.  THE  MEMBERS AND CHAIRPERSON OF THE ADVISORY COMMITTEE
 SHALL BE SELECTED BY THE CHAIRPERSON OF THE COUNCIL  AND  SHALL  INCLUDE
 REPRESENTATIVES  OF PUBLIC AND INDEPENDENT INSTITUTIONS OF HIGHER EDUCA-
 TION OFFERING AN APPROVED PROGRAM IN NURSING AND REGISTERED PROFESSIONAL
 NURSES AUTHORIZED OR LICENSED TO PRACTICE NURSING WITHIN  THE  STATE  OF
 NEW YORK. THE MEMBERSHIP OF THE ADVISORY COMMITTEE SHALL INCLUDE MINORI-
 TY REPRESENTATION.
   § 3. This act shall take effect immediately.