S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7767--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  McDONALD,  SANTABARBARA, LUNSFORD,
   WALLACE, FORREST, GRIFFIN -- read once and referred to  the  Committee
   on  Higher  Education -- recommitted to the Committee on Higher Educa-
   tion  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to allowing for a certain
   amount of required clinical training and competency for licensing as a
   registered  professional  nurse,  licensed  practical nurse, and nurse
   practitioner to be completed through simulation experience
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section 6905 of the education law, as
 amended by chapter 380 of the laws  of  2018,  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, AND HAVE PARTICIPATED IN
 SUPERVISED  CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT, AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH CLINICAL TRAINING TO  BE  OBTAINED  THROUGH  SIMULATION  EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION SHALL PROHIBIT THE DEPARTMENT FROM ALLOWING AN EDUCATION PROGRAM
 TO  PROVIDE  GREATER  THAN ONE-THIRD OF SUCH TRAINING THROUGH SIMULATION
 EXPERIENCE UPON APPLICATION BY THAT INSTITUTION  IN  SUCH  FORM  AS  THE
 DEPARTMENT SHALL REQUIRE. The department, in its discretion, may issue a
 conditional  registration to a licensee who fails to complete the bacca-
 laureate degree but who agrees to meet the additional requirement within
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11455-03-2
              

 A. 7767--A                          2
 
 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  baccalau-
 reate degree program or programs and subsequently being denied access to
 such  program or programs on at least two occasions 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 educational 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;
   § 2. Subdivision 2 of section 6906 of the education law, as amended by
 chapter 330 of the laws of 1981, is amended to read as follows:
   (2) Education: have received an education including completion of high
 school or its equivalent, and have  completed  a  program  in  practical
 nursing,   in   accordance   with  the  commissioner's  regulations,  or
 completion of equivalent study  satisfactory  to  the  department  in  a
 program  conducted  by  the  armed  forces of the United States or in an
 approved program in  professional  nursing,  AND  HAVE  PARTICIPATED  IN
 SUPERVISED  CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT, AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH CLINICAL TRAINING TO  BE  OBTAINED  THROUGH  SIMULATION  EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION  SHALL  PROHIBIT  THE DEPARTMENT FROM ALLOWING AN INSTITUTION OF
 POST-SECONDARY EDUCATION TO  PROVIDE  GREATER  THAN  ONE-THIRD  OF  SUCH
 TRAINING THROUGH SIMULATION EXPERIENCE UPON APPLICATION BY THAT INSTITU-
 TION IN SUCH FORM AS THE DEPARTMENT SHALL REQUIRE;
   §  3.  Subparagraph  (i)  of paragraph (c) of subdivision 1 of section
 6910 of the education law, as added by chapter 257 of the laws of  1988,
 is amended to read as follows:
   (i)   have   satisfactorily   completed  educational  preparation  for
 provision of these services in a program registered by the department or
 in a program determined by the department to be the equivalent, AND HAVE
 PARTICIPATED IN SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE
 EQUIVALENT, AS DETERMINED BY  THE  DEPARTMENT.  THE  COMMISSIONER  SHALL
 PERMIT  ONE-THIRD OF SUCH CLINICAL TRAINING TO BE OBTAINED THROUGH SIMU-
 LATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT  AND  PURSUANT  TO  REGU-
 LATION.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT THE DEPARTMENT FROM
 ALLOWING AN INSTITUTION OF POST-SECONDARY EDUCATION TO  PROVIDE  GREATER
 THAN  ONE-THIRD  OF  SUCH  TRAINING  THROUGH  SIMULATION EXPERIENCE UPON
 APPLICATION BY THAT INSTITUTION IN SUCH FORM  AS  THE  DEPARTMENT  SHALL
 REQUIRE.  PROVIDED  HOWEVER  NOTHING  IN  THIS  SECTION SHALL REDUCE THE
 A. 7767--A                          3
 
 IN-PERSON OR DIRECT CARE REQUIREMENTS ESTABLISHED BY PROGRAMMATIC ACCRE-
 DITORS AND CERTIFYING BODIES; or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.