S T A T E O F N E W Y O R K
________________________________________________________________________
7320
I N S E N A T E
January 5, 2018
___________
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 to amend chapter 502
of the laws of 2017, amending the education law relating to the educa-
tional preparation for practice of professional nursing and creating a
temporary nursing program, in relation to the nursing program evalu-
ation commission and to the effectiveness thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2 of chapter 502 of the laws of
2017, amending the education law relating to the educational preparation
for practice of professional nursing and creating a temporary nursing
program, is amended to read as follows:
1. A temporary commission, to be known as the nursing program evalu-
ation 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; AND
E. THE IMPACT OF REQUIREMENTS FOR ACHIEVEMENT OF A BACCALAUREATE
DEGREE IN ANY LESSER PERIOD OF TIME THAN REQUIRED BY LAW AS CONDITION TO
MAINTAINING EMPLOYMENT.
§ 2. Subdivision 2 of section 6905 of the education law, as amended by
chapter 502 of the laws of 2017, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00932-10-8
S. 7320 2
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
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. THE DEPARTMENT,
IN ITS DISCRETION, MAY ISSUE A TEMPORARY EDUCATIONAL EXEMPTION TO A
LICENSEE WHO IS UNABLE TO COMPLETE THE BACCALAUREATE DEGREE DUE TO A
LACK OF ACCESS TO EDUCATIONAL PROGRAMS. LICENSEES SEEKING A TEMPORARY
EDUCATIONAL EXEMPTION SHALL PROVIDE EVIDENCE OF APPLYING ON AT LEAST TWO
OCCASIONS TO A BACCALAUREATE DEGREE PROGRAM OR PROGRAMS AND SUBSEQUENTLY
BEING DENIED ACCESS TO SUCH PROGRAM OR PROGRAMS ON AT LEAST TWO OCCA-
SIONS DUE TO THERE BEING A LIMITED NUMBER OF SEATS. SUCH DENIALS SHALL
ALSO BE CORROBORATED BY THE HIGHER EDUCATION INSTITUTION OR INSTITUTIONS
THAT THE LICENSEE APPLIED TO. TEMPORARY EDUCATIONAL EXEMPTIONS ISSUED
PURSUANT TO THIS SUBDIVISION SHALL BE FOR A SINGLE TWO YEAR PERIOD.
LICENSEES SHALL ONLY BE ELIGIBLE FOR EITHER A CONDITIONAL REGISTRATION
OR A TEMPORARY EDUCATIONAL EXEMPTION. THE FEE FOR SUCH A TEMPORARY
EDUCATIONAL EXEMPTION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. Any licensee who is notified of the
denial of a registration for failure to complete the additional educa-
tional requirements and who practices as a registered professional nurse
without such registration may be subject to disciplinary proceedings
pursuant to section sixty-five hundred ten of this title;
§ 3. Section 4 of chapter 502 of the laws of 2017, amending the educa-
tion law relating to the educational preparation for practice of profes-
sional nursing and creating a temporary nursing program, is amended to
read as follows:
§ 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, BUT
PRIOR TO THE EFFECTIVE DATE OF SECTION THREE 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.
§ 4. Section 6 of chapter 502 of the laws of 2017, amending the educa-
tion law relating to the educational preparation for practice of profes-
sional nursing and creating a temporary nursing program, is amended to
read as follows:
§ 6. This act shall take effect immediately; provided, however that
section three of this act shall take effect [eighteen] THIRTY months
after this act shall have become a law.
§ 5. This act shall take effect immediately; provided, however,
section two of this act shall take effect on the same date and in the
same manner as section three of chapter 502 of the laws of 2017 takes
effect.
