S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2071--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education -- recom-
   mitted 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  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  6912
 to read as follows:
   §  6912.  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
 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06152-02-8

 S. 2071--A                          2
 
   (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  NINETEEN  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.
   §  2.  This  act  shall take effect January 1, 2019; 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.