NY State Senate Bill 2017-S6768

Senate Bill S6768

Signed By Governor

2017-2018 Legislative Session

Relates to requiring that all RPNs either have or obtain a bachelor's degree within 10 years of initial licensure

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2017	approval memo.63 signed chap.502
Dec 06, 2017	delivered to governor
Jun 19, 2017	returned to senate passed assembly ordered to third reading rules cal.429 substituted for a1842b referred to ways and means delivered to assembly passed senate ordered to third reading cal.1938
Jun 16, 2017	referred to rules

Votes

- Jun 19, 2017 - Floor Vote
  S6768
  
  56
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2017
      
      aye (56)
      
      Addabbo Jr.
      
      Akshar
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (6)
      
      Alcantara
      
      Amedore
      
      Breslin
      
      Hoylman-Sigal
      
      Murphy
      
      Peralta
      
      excused (1)
      
      Serrano
  Jun 19, 2017 - Rules Committee Vote
  S6768
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2017
      
      aye (22)
      
      Bonacic
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (3)
      
      Breslin
      
      Gianaris
      
      Krueger

co-Sponsors

2017-S6768 (ACTIVE) - Details

See Assembly Version of this Bill:: A1842
Law Section:: Education Law
Laws Affected:: Amd §6905, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A2079
2011-2012: A1977
2013-2014: A3103
2015-2016: A3945

2017-S6768 (ACTIVE) - Summary

Relates to the formation of a temporary nursing program evaluation commission; requires that all RPNs either have or obtain a bachelor's degree within 10 years of initial licensure; exemptions.

2017-S6768 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6768

 TITLE OF BILL :  An act to amend the education law, in relation to
the educational preparation for practice of professional nursing; and
the creation of a temporary nursing program evaluation commission

 PURPOSE :

To increase the level of education for continued registration as a
registered professional nurse ten years after initial licensure while
maintaining the multiple entry points into the profession.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1:

Legislative intent.

Section 2:

Part 1: Creates a temporary commission to be known as the nursing
program evaluation commission. The commission is created to make
recommendations on the following:

(a)Barriers to entry into nursing, including, but not limited to
cultural barriers, economic barriers, compliance barriers; and

(b)the availability and access to baccalaureate programs, including
access for non-traditional students, rural students, and students of
diverse cultural backgrounds;

(c)the financial barriers to entry into baccalaureate programs; and

(d)other alternative equivalent programs which nurses may obtain
training and experience.

Part 2: The commission shall consist of nine members as follows: two
members shall be appointed by the Speaker of the Assembly; two members
shall be appointed by the temporary President of the Senate; one
member shall be appointed by the Minority Leader of the Senate; one
member shall be appointed by the Minority Leader of the Assembly, and
three members shall be appointed by the Governor. The commission
members shall be appointed within 60 days after this act shall have
become a law.

Members shall be representative of patient advocates, nurses, and
related health care professionals. At least one member shall be a
nurse and a member of a duly recognized collective bargaining
organization and does not have a supervisory or managerial role. At
least one member shall be an RN in nursing higher education with
academic credentials from a school that has a baccalaureate and higher
degree nursing program.

Part 3. The members of the commission shall receive no compensation
for their service.

Part 4: The commission shall make a report of its findings, including
any recommendation for legislative action as it may deem necessary and
appropriate, to the governor and the legislature no later than twelve
months after this act shall have become a law.

Section 3:

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 or higher 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 requirement within a
year, unless the applicant can show good cause for noncompliance
acceptable to the department. The fee for such a conditional
registration shall be the same as, and in addition to, the fee for the
triennial registration. 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 registration for failure to complete the additional
educational requirements and who practices as a registered
professional nurse without such registration may be subject to a
disciplinary proceeding pursuant to section sixty-five hundred ten of
this title.

Section 4:

The provisions of this act shall not apply:

(a)to any student entering a generic baccalaureate program preparing
registered professional nurses following the effective date of this
act;

(b) such provisions shall in no way apply to any student currently
enrolled in, or having an application pending in, a program preparing
registered professional nurses at the time of the effective date of
this act;

(c) such provisions shall not apply to any person already licensed as
a registered professional nurse pursuant to the effective date of this
act, nor to any unlicensed graduate professional nurse who is eligible
for the NCLEX exam pursuant to the effective, date of this act.

Section 5:

Any individual covered by section four of this act shall be deemed
fully licensed provided that such individual meets the requirements
set forth by Article 139 of the education law.

Section 6:

This act shall take effect immediately; provided, however, that
section three of this act shall take effect eighteen months after this
act shall have become a law.

 JUSTIFICATION :

The National Advisory Council on Nursing Education and Practice,
policy advisors to Congress and the U.S. Secretary of Health and
Education, recommended that by 2010, two-thirds of nurses should hold
a baccalaureate or higher degree. This position was based on their
analysis of evolving needs associated with patient care and public
protection. Shorter lengths of stays, higher patient acuity, and more
sophisticated technologies and procedures are increasing the
complexity of patient care - which in turn places great demands on
nursing competencies.

The New York State Board for Nursing, recognizing the evolving needs
associated with patient care unanimously passed a motion in December
2003, recommending that statutory change be sought requiring future
licensed registered professional nurses to attain a baccalaureate
degree in nursing ten years after initial licensure in order to
continue to practice in New York. The bill is designed to mirror the
educational requirements of teachers in NYS.

In this legislation, there is a provision for an extension for cases
with extenuating circumstances that would delay completion of the
additional requirement based on criteria to be established in
commissioner's regulations. This requirement would apply only to
nursing students who enter diploma or associate degree programs after
the bill's implementation date. All current students, or those on
waiting lists to begin the nursing program, will be exempt from the
requirement. All current RNs would be "grandfathered" and their
licenses forever protected from this mandatory additional educational
requirement.

It is not anticipated that this bill would reduce the supply of nurses
in New York. The grandfathering of those currently licensed would
prevent intensification of the current shortage of nurses. This bill
is designed to allow continuation of entry at the associate degree
level nursing programs that produce a significant percentage of now
graduates and licensees.

Understanding that the nursing profession is evolving, this
legislation creates a temporary nursing program evaluation commission
to make recommendations on potential barriers to the profession,
including but not limited to, cultural barriers, economic barriers,
and compliance barriers. The commission will make recommendations on
the availability, access, and affordability around the baccalaureate
program for non-traditional students and students of diverse
populations. The commission will also make recommendations on
alternative equivalents through which nurses could potential obtain
robust training and experience. The members of this commission shall
report their findings twelve months after this bill becomes law.

By requiring the baccalaureate degree or equivalent for continued
registration as a registered professional nurse this bill seeks to be
responsive to meet the increasingly complex health care needs of the
residents of New York State.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately; provided, however, that
section three of this act shall take effect eighteen months after this
act shall have become a law.

2017-S6768 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6768
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 16, 2017
                                ___________
 
 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; and  the  creation  of  a
   temporary nursing program evaluation commission

   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. The legisla-
 ture finds that expanding the educational requirements for  the  profes-
 sion  of  nursing,  while maintaining the multiple entry points into the
 profession, is needed.  This legislation affects future nurses  graduat-
 ing  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 teachers in New York state. Numer-
 ous regulatory and accrediting bodies have recommended this change as  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00932-09-7

 S. 6768                             2
 
 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 growing 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.
   § 2. 1. A temporary commission, to be known  as  the  nursing  program
 evaluation  commission  (hereinafter "commission"), is hereby created to
 make recommendations on the following:
   a. barriers to entry into  nursing,  including,  but  not  limited  to
 cultural barriers, economic barriers, and compliance barriers;
   b.  the  availability  and access to baccalaureate programs, including
 such  availability  and  access  for  non-traditional  students,   rural
 students, and students of diverse cultural backgrounds;
   c. the financial barriers to entry into baccalaureate programs; and
   d.  other  alternative  equivalents  through  which  nurses may obtain
 training and experience.
   2. The commission shall  consist  of  nine  members  as  follows:  two
 members  shall  be appointed by the speaker of the assembly; two members
 shall be appointed by the temporary president of the senate; one  member
 shall  be  appointed  by  the  minority leader of the senate; one member
 shall be appointed by the minority leader of  the  assembly;  and  three
 members shall be appointed by the governor. The commission members shall
 be  appointed  within  60  days  after this act shall have become a law.
 Members so appointed shall be representative of patient advocates, nurs-
 es, and related health care professionals. At least one member shall  be
 a  nurse  and a member of a duly recognized collective bargaining organ-
 ization and does not have a supervisory or managerial role. At least one
 member shall be a RN in nursing higher education with  academic  creden-
 tials  from  a school that has a baccalaureate and higher degree nursing
 programs. No member, officer or employee  of  the  commission  shall  be
 disqualified  from  holding  any  other public office or employment, nor
 shall he or she forfeit any such office or employment by reason  of  his
 or  her  appointment  hereunder,  notwithstanding  the provisions of any
 general, special or local law, ordinance or city charter.
   3. The members of the commission shall  receive  no  compensation  for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   4.  The  commission shall make a report of its findings, including any
 recommendations for legislative action as  it  may  deem  necessary  and
 appropriate,  to  the  governor and the legislature no later than twelve
 months after this act shall have become a law.
   § 3. 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 OR HIGHER 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  ADDI-
 TIONAL  REQUIREMENT  WITHIN  ONE  YEAR.  THE  FEE FOR SUCH A CONDITIONAL

 S. 6768                             3
 
 REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE  FOR  THE
 TRIENNIAL  REGISTRATION.  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, UNLESS THE APPLICANT CAN SHOW GOOD
 CAUSE  FOR NON-COMPLIANCE ACCEPTABLE TO THE DEPARTMENT. ANY LICENSEE WHO
 IS NOTIFIED OF THE DENIAL OF A REGISTRATION FOR FAILURE TO COMPLETE  THE
 ADDITIONAL  EDUCATIONAL  REQUIREMENTS  AND WHO PRACTICES AS A REGISTERED
 PROFESSIONAL NURSE WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO DISCIPLI-
 NARY PROCEEDINGS PURSUANT TO SECTION  SIXTY-FIVE  HUNDRED  TEN  OF  THIS
 TITLE;
   § 4. 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.
   § 5. Any individual covered by section  four  of  this  act  shall  be
 deemed  fully  licensed provided that such individual meets the require-
 ments set forth by article 139 of the education law.
   § 6. This act shall take effect immediately; provided,   however  that
 section  three  of this act shall take effect eighteen months after this
 act shall have become a law.

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Senate Bill S6768

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Sponsored By

John J. Flanagan