S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4411
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by M. of A. WALCZYK -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, the public health law and  the  civil
   practice  law  and  rules,  in  relation  to  requiring applicants for
   certain nursing licenses and certifications to  complete  training  in
   the prevention of human trafficking

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 305 of the education law is amended by adding a new
 subdivision 59 to read as follows:
   59. THE COMMISSIONER SHALL CONSULT AND COLLABORATE  WITH  THE  COMMIS-
 SIONER  OF  HEALTH  AND APPROPRIATE ORGANIZATIONS THAT HAVE EXPERTISE IN
 THE PREVENTION  OF  HUMAN  TRAFFICKING,  AS  WELL  AS  OTHER  INTERESTED
 PARTIES, TO ESTABLISH AND DEVELOP TRAINING WITHIN THE DEPARTMENT RELATED
 TO  NOTICING  SIGNS  AND EVIDENCE OF, AND THE PREVENTION OF, HUMAN TRAF-
 FICKING. SUCH TRAINING SHALL BE DEFINED BY  THE  COMMISSIONER  IN  REGU-
 LATIONS AFTER CONSULTATION WITH THE DEPARTMENT OF HEALTH AND BE DESIGNED
 TO  EDUCATE  THOSE  SEEKING  THE  LICENSE OR CERTIFICATION OF REGISTERED
 PROFESSIONAL NURSE, LICENSED PRACTICAL NURSE,  CERTIFIED  NURSE  PRACTI-
 TIONER, AND CLINICAL NURSE SPECIALIST. THE TRAINING SHALL BE DEFINED AND
 READY  FOR  USAGE  BY  LICENSE OR CERTIFICATION APPLICANTS NO LATER THAN
 THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   § 2. Section 206 of the public health law is amended by adding  a  new
 subdivision 31 to read as follows:
   31.  THE  COMMISSIONER  SHALL ASSIST THE COMMISSIONER OF EDUCATION AND
 CONSULT AND COLLABORATE WITH APPROPRIATE ORGANIZATIONS THAT HAVE  EXPER-
 TISE IN THE PREVENTION OF HUMAN TRAFFICKING, AS WELL AS OTHER INTERESTED
 PARTIES,  TO  ESTABLISH  AND  DEVELOP  TRAINING WITHIN THE DEPARTMENT OF
 EDUCATION RELATED TO NOTICING SIGNS AND EVIDENCE OF, AND THE  PREVENTION
 OF,  HUMAN  TRAFFICKING  FOR  THE  PURPOSES  OF  EDUCATING THOSE SEEKING
 LICENSE OR CERTIFICATION AS A REGISTERED  PROFESSIONAL  NURSE,  LICENSED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05053-01-1

 A. 4411                             2
 
 PRACTICAL  NURSE,  CERTIFIED  NURSE  PRACTITIONER,  AND  CLINICAL  NURSE
 SPECIALIST.
   §  3.  Section  6905  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   (2-A) NOTICING THE SIGNS OF AND  PREVENTING  HUMAN  TRAFFICKING:  HAVE
 COMPLETED  TRAINING  IN  THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
 AND APPROVED BY THE DEPARTMENT;
   § 4. Section 6906 of the education law is  amended  by  adding  a  new
 subdivision 2-a to read as follows:
   (2-A)  NOTICING  THE  SIGNS  OF AND PREVENTING HUMAN TRAFFICKING: HAVE
 COMPLETED TRAINING IN THE PREVENTION OF HUMAN  TRAFFICKING  AS  DESIGNED
 AND APPROVED BY THE DEPARTMENT;
   §  5. Subdivision 1 of section 6910 of the education law is amended by
 adding a new paragraph (c-1) to read as follows:
   (C-1) NOTICING THE SIGNS OF AND  PREVENTING  HUMAN  TRAFFICKING:  HAVE
 COMPLETED  TRAINING  IN  THE PREVENTION OF HUMAN TRAFFICKING AS DESIGNED
 AND APPROVED BY THE DEPARTMENT;
   § 6. Paragraph (c) of subdivision 1 of section 6911 of  the  education
 law,  as  added by chapter 364 of the laws of 2013, is amended and a new
 paragraph (c-1) is added to read as follows:
   (c) (i) have satisfactorily completed an  educational  program  regis-
 tered  by  the  department including a master's or doctoral degree, or a
 post-master's certificate from a program acceptable  to  the  department
 which  prepares graduates to practice as CNSs and which is accredited by
 a national nursing accredited body acceptable  to  the  department,  and
 (ii) meets all other requirements established by the department to prac-
 tice  as a clinical nurse specialist, or (iii) have received educational
 preparation determined by the department to be  the  substantial  equiv-
 alent of subparagraphs (i) and (ii) of this paragraph; [and]
   (C-1)  NOTICING  THE  SIGNS  OF AND PREVENTING HUMAN TRAFFICKING: HAVE
 COMPLETED TRAINING IN THE PREVENTION OF HUMAN  TRAFFICKING  AS  DESIGNED
 AND APPROVED BY THE DEPARTMENT; AND
   § 7. Paragraph (f) of subdivision 2 of section 1349 of the civil prac-
 tice  law  and  rules,  as  added by chapter 655 of the laws of 1990, is
 amended to read as follows:
   (f) In addition to amounts, if any, distributed pursuant to  paragraph
 (d)  of  this  subdivision,  five percent of all moneys realized through
 forfeiture to  the  claiming  agent  in  satisfaction  of  actual  costs
 incurred for protecting, maintaining and forfeiting the property includ-
 ing  that proportion of the salaries of attorneys, clerical and investi-
 gative personnel devoted thereto AND WITH RESPECT TO ALL MONEYS REALIZED
 THROUGH FORFEITURE WHICH ARE  REMAINING  PURSUANT  TO  THIS  SECTION  TO
 PROVIDE  FOR  THE  REIMBURSEMENT  OF  AMOUNTS  ACTUALLY EXPENDED FOR THE
 DEVELOPMENT OF A TRAINING PROGRAM FOR NURSES RELATING TO HUMAN TRAFFICK-
 ING CONTAINED IN SECTIONS SIXTY-NINE HUNDRED  FIVE,  SIXTY-NINE  HUNDRED
 SIX, SIXTY-NINE HUNDRED TEN, AND SIXTY-NINE HUNDRED ELEVEN OF THE EDUCA-
 TION LAW;
   §  8.  This act shall take effect immediately; provided, however, that
 sections three, four, five, and six of this act shall take effect  three
 years after this act shall have become a law.