S T A T E O F N E W Y O R K
________________________________________________________________________
6717--A
2021-2022 Regular Sessions
I N S E N A T E
May 13, 2021
___________
Introduced by Sens. STAVISKY, GALLIVAN, HARCKHAM, KENNEDY -- read twice
and ordered printed, and when printed to be committed to the Committee
on Higher Education -- recommitted to the Committee on Higher Educa-
tion 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 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.
LBD11455-02-2
S. 6717--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
S. 6717--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.
