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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 31, 2022 |
print number 8175a |
| Jan 31, 2022 |
amend and recommit to higher education referred to higher education |
Senate Bill S8175A
2021-2022 Legislative Session
Enacts the recruit, empower, support, pay, educate, connect and train (RESPECT) nurses act
download bill text pdfSponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education Committee
- 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
Actions
Bill Amendments
2021-S8175 - Details
- See Assembly Version of this Bill:
- A7128
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§669-e, 679-d & 6502, add §§679-c-1, 679-c-2, 679-d-1, 6912 & 6517, Art 14 Part 6 §§694-c - 694-g, Ed L; add §99-oo, St Fin L; add §§2801-i, 2807-mm, 2807-mmm & 2801-j, Pub Health L; amd §212, R & SS L; amd §601, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A2027
2011-2012: A1745
2013-2014: A1628
2015-2016: A697
2017-2018: A868
2019-2020: A3670
2021-S8175 - Sponsor Memo
BILL NUMBER: S8175
SPONSOR: REICHLIN-MELNICK
TITLE OF BILL:
An act to amend the education law, the state finance law, the public
health law, the retirement and social security law, and the tax law, in
relation to establishing the "recruit, empower, support, pay, educate,
connect and train (RESPECT) nurses act"
PURPOSE:
To remediate the statewide nursing shortage by enacting a comprehensive
set of policies designed to encourage more students to train in nursing,
and to provide the necessary support to nurses of every experience
level.
SUMMARY OF PROVISIONS:
Section one of the bill provides that this act shall be known as the
"recruit, empower, support, pay, educate, connect, and train (RESPECT)
nurses act."
Section two amends section 669-e of the education law, to add nursing to the list of undergraduate programs eligible for the STEM scholarship program. Section three adds section 679-c-1 to the education law, creating the "Nursing Shortage Area" scholarship program for full-time nursing students equal to the value of the full cost of tuition, books, and fees for a nursing program offered by a SUNY school. Scholarships are condi- tioned upon a student's commitment to work in a "Nursing Shortage Area" for 5 years. Nursing shortage areas will be designated by the Board of Regents in consultation with the commissioner of the state Health Department. Section four adds section 679-c-2 to the education law, creating the Pathway to Nursing scholarship" for healthcare workers enrolled in a nursing program on a part-time basis at an undergraduate institution within the state or an approved practical nursing program within the state. Scholarships are subject to the same conditions imposed by the "Nursing Shortage Area" scholarship program. Section five amends 679-d of the education law, revising the Nursing Faculty Loan Forgiveness Program, increasing participant awards to $15,000 per year, for a maximum award of $60,000 over 4 years. Section six of the bill adds section 679-d-1 to the education law, creating the "Nursing Shortage Loan Forgiveness" program, providing nurses with $8,000 a year to pay for qualifying student loan debt, for a maximum of $40,000 over five years. Nurses must agree to practice in a designated "Nursing Shortage Area" on a full-time basis for a period of five years. Section seven amends article 14 to the education law to create the "Nursing Faculty Student Loan Refinancing Program." This program enables HESC to buy the student loan debt of nursing faculty employed by a college or university within the state. Eligible students would apply to have HESC pay the students' private loan debt in a lump sum to the lend- er, in an amount up to $50,000. The student would then pay back the State at a lower interest over time based on their annual salary and ability to pay. Section eight adds section 99-oo to the state finance law, establishing the nursing faculty student loan refinancing fund. Section nine adds section 2801-i to the public health law, prohibiting hospitals and nursing homes from charging nursing students, or their institution, fees for clinical placements. A small exception is provided, allowing hospitals and nursing homes to charge no more than $1,000 for administrative costs. Section ten adds section 6912 to the education law, allowing the Commis- sioner of Education to permit up to 50% of clinical nursing hours to be satisfied through the use of approved simulation training. Section 11 amends section 212 of the retirement and social security law, exempting eligible nurses who are collecting a public pension from the $35,000 earnings limitation imposed by section if they are working as nursing faculty at a SED-accredited institution. Section 12 amends section 601 of the tax law, providing that only 50% of the income earned by a retired public employee who is currently employed as nursing faculty, at an SED-accredited institution, can be taxed by the state. Section 13 allows SED, for a period not to exceed 5 years, to permit an eligible nurse to teach nursing courses at an institution of higher learning even if such nurse does not possess a master's or doctorate degree. Further, SED is empowered to determine the necessary credentials and years of experience for eligibility. Sections 14 and 15 amend the public health law, allowing LPNs, RNs, CPNs, and CNSs to practice in the state even if they are not registered, licensed, or certified in NYS. It requires the nurse in question to have a license in good standing with a state in the US, a province in Canada, or a country identified by SED and DOH. Nurses seeking to leverage these provisions must acquire direct employment with a healthcare provider or facility in the state and must fulfill the state's licensing and registration/certification requirements within 2 years of gaining employment. Section 16 adds section 2807-mm to the public health law, creating the "Nurse Loan Repayment Program." This program will make an additional student loan forgiveness award available to nurses who are employed by a nursing home designated as or located in a Nursing shortage area. A nurse may also qualify for this program if the nursing home residents consist of a population that is typically underserved. Nurses who agree to work in such nursing homes for a period of four years will be eligi- ble for up to $8,000 per year to pay for qualifying student loan debt, for a maximum of $32,000 over four years. Section 17 adds section 2807-mm to the public health law, creating the nursing preceptor support fund, allowing hospitals and nursing homes to apply for up to $200,000 in grants for purposes of granting additional compensation to nursing preceptors, stipends for graduate students to provide clinical preceptorships, scheduling enough staff coverage to ensure preceptors have the time necessary to supervise nursing students and execute the didactic portion of preceptorships, and to cover the continuing education costs of nursing preceptors. Section 18 adds 2801-j to the public health law, and allows any hospital or nursing home in the state to partner with a post-secondary institu- tion to submit a proposal to DOH for the development and implementation or improvement and continuation of a nursing residency program. The proposal must detail how facilities will establish or expand nurse resi- dency programs, to help recent graduates transition into clinical prac- tice and assist current nurses in changing their specialties without interrupting their careers. If proposals are approved, DOH will release funds to support facilities in establishing or expanding their nursing residency programs. Section 19 requires the commissioner of education, in consultation with the commissioner of health, to determine why RN license holders in the state are not working in a healthcare setting. The commissioners must also determine what could bring those license holders back into the healthcare setting workforce. Section 20 provides the effective date. JUSTIFICATION: New York state has a shortage of nurses - and there is a healthcare crisis looming if we do not act now to solve it. Before the Coronavirus Pandemic, the NYS Department of Health released a study on caregiving staffing, finding that by 2030 NYS will have a shortage of over 39,000 Registered Professional Nurses (RNs). The shortage will be statewide but will be acutely felt in rural areas. For years, fewer people have been starting careers in the nursing field, while there are a number of qualified students that have been turned away from nursing programs due to capacity constraints. The American Association of Colleges of Nursing (AACN) 2019 - 2020 report, found that US baccalaureate and graduate nursing programs turned away over 80,000 qualified applicants in 2019 due to "insufficient number of faculty, clinical sites, classroom space, clinical preceptors, and budget constraints." The National League for Nursing in 2020 found that for associate programs over 45,000 qualified candidates were turned away due to limited resources. Part of this lack of access to programs is caused by a nursing faculty shortage. Faculty wages continue to be noncompetitive, pushing many nurses to pursue clinician roles rather than train the next generation of nurses. The AACN also found that about a third of the nurse faculty workforce plan to retire by 2025, which will significantly worsen these issues. Additionally, the ballooning student debt crisis, which impacts nursing students just as much if not more than students in other programs, is contributing to the shortage. A survey by the National Student Nurses' Association of their members, found the overall average debt burden for 2019 graduates across all program types was $28,967. This tracks with the national student debt average of approximately $29,000 for under- graduate programs but does not take into account the fact that many nurses also go on to complete master's level education. AACN's 2017 Graduate Nursing Student Loan Survey offers a glimpse of the financial condition of graduate nursing students. The study found that 69% of graduate nursing students had federal loans, while 76% also reported taking out loans for acquiring their undergraduate nursing degree. The median amount of loan debt for graduates once they complete their program is anticipated to range from $40,000 to $54,999. Over the last three years, dealing with a global pandemic and numerous administrative, health, and political challenges for healthcare workers, many nurses have decided to leave the field entirely to pursue a career with a better quality of life. There is no silver-bullet solution to this problem, but the RESPECT Nurses (RN) Act provides a comprehensive approach with a diverse set of strategies to encourage more students to train in nursing, and to make the career more rewarding - both emotionally and financially - for nurses of every experience level and stage of their career. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: To be determined EFFECTIVE DATE: This act shall take effect immediately.
2021-S8175 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8175
I N S E N A T E
January 31, 2022
___________
Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, the state finance law, the public
health law, the retirement and social security law, and the tax law,
in relation to establishing the "recruit, empower, support, pay,
educate, connect and train (RESPECT) nurses act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "recruit,
empower, support, pay, educate, connect and train (RESPECT) nurses act".
§ 2. Subdivisions 1 and 4 of section 669-e of the education law,
subdivision 1 as amended by chapter 329 of the laws of 2018 and subdivi-
sion 4 as amended by section 1 of part BB of chapter 56 of the laws of
2018, are amended to read as follows:
1. Undergraduate students who are matriculated in an approved under-
graduate program leading to a career in science, technology,
engineering, NURSING or mathematics at a New York state public institu-
tion of higher education for the purpose of subdivision two of this
section, or a New York state private degree granting institution of
higher education for the purpose of subdivision two-a of this section,
shall be eligible for an award under this section, provided the appli-
cant: (a) graduates from a high school located in New York state during
or after the two thousand thirteen--fourteen school year; and (b) gradu-
ates within the top ten percent of his or her high school class; and (c)
enrolls in full-time study each term beginning in the fall term after
his or her high school graduation in an approved undergraduate program
in science, technology, engineering, NURSING or mathematics, as defined
by the corporation, at a New York state institution of higher education;
and (d) signs a contract with the corporation agreeing that his or her
award will be converted to a student loan in the event the student fails
to comply with the terms of this program as set forth in subdivision
four of this section; and (e) complies with the applicable provisions of
this article and all requirements promulgated by the corporation for the
administration of the program.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14091-03-2
S. 8175 2
4. The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (a) a recipient fails
to complete an approved undergraduate program in science, technology,
engineering, NURSING or mathematics or changes majors to a program of
undergraduate study other than in science, technology, engineering,
NURSING or mathematics; or (b) upon completion of such undergraduate
degree program a recipient fails to either (i) complete five years of
continuous full time employment in the science, technology, engineering,
NURSING or mathematics field with a public or private entity located
within New York state, or (ii) maintain residency in New York state for
such period of employment; or (c) a recipient fails to respond to
requests by the corporation for the status of his or her academic or
professional progress. The terms and conditions of this subdivision
shall be deferred for individuals who graduate with a degree in an
approved undergraduate program in science, technology, engineering,
NURSING or mathematics and enroll on at least a half-time basis in a
graduate or higher degree program or other professional licensure degree
program until they are conferred a degree, and shall also be deferred
for any interruption in undergraduate study or employment as established
by the rules and regulations of the corporation. The terms and condi-
tions of this subdivision may also be deferred for a grace period, to be
established by the corporation, following the completion of an approved
undergraduate program in science, technology, engineering, NURSING or
mathematics a graduate or higher degree program or other professional
licensure degree program. Any obligation to comply with such provisions
as outlined in this section shall be cancelled upon the death of the
recipient. Notwithstanding any provisions of this subdivision to the
contrary, the corporation is authorized to promulgate rules and regu-
lations to provide for the waiver or suspension of any financial obli-
gation which would involve extreme hardship.
§ 3. The education law is amended by adding a new section 679-c-1 to
read as follows:
§ 679-C-1. NURSING SHORTAGE AREA SCHOLARSHIP. 1. PURPOSE. THE NEW YORK
STATE NURSING SHORTAGE AREA SCHOLARSHIP IS HEREBY ESTABLISHED FOR THE
PURPOSE OF GRANTING SCHOLARSHIPS TO STUDENTS ENROLLED IN A NURSING
PROGRAM WITHIN THE STATE.
2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
A. BE A NEW YORK STATE RESIDENT;
B. HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL;
C. BE ENROLLED, ON A FULL-TIME BASIS, IN AN APPROVED UNDERGRADUATE
NURSING PROGRAM OF STUDY IN A NEW YORK STATE POST-SECONDARY INSTITUTION
AS OF THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC
YEAR OR THEREAFTER; AND
D. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A HEALTHCARE
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
PURSUANT TO THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO
ENTER OR CONTINUE IN AN UNDERGRADUATE NURSING PROGRAM OF STUDY. SUCH
AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN THE FOLLOWING PRIORITY:
(I) FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD ACADEMIC STAND-
ING; AND
S. 8175 3
(II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
TO REACH THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
AWARD LETTER.
HOWEVER, IN THE PROGRAM'S FIRST YEAR, FIRST PRIORITY SHALL BE IN
ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
B. THE REGENTS, AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A SHORTAGE OF
NURSES FOR THE PURPOSES OF THIS SUBDIVISION, AND, SHOULD IT BE NECESSARY
MAY ESTABLISH RELATIVE RANKINGS OF THOSE AREAS, SHALL DETERMINE THE
NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT THAT THE
AWARDS ARE DISTRIBUTED TO ENSURE APPROPRIATE DISTRIBUTION AMONG THE
AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
4. AWARD. A. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT
EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK
STATE ENROLLED IN A NURSING PROGRAM OF STUDY CHARGED BY THE STATE
UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS, IN
CALCULATING SUCH AWARD THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES
EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL
COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS
PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO-
LARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE,
SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS
PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,
PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL
COST OF ATTENDANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE
APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS
AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT
EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION
OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT
OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI-
ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
TION.
B. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE PROGRAM A
RECIPIENT FAILS TO EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED NURSING SHORTAGE
AREA WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
FOR SUCH PERIOD OF EMPLOYMENT; OR (III) A RECIPIENT FAILS TO RESPOND TO
REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR
PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN
APPROVED UNDERGRADUATE PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-
TIME BASIS IN A GRADUATE NURSING OR HIGHER DEGREE NURSING PROGRAM AND
SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR
EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPO-
RATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE
DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION,
FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN NURSING
OR A GRADUATE NURSING OR HIGHER DEGREE NURSING PROGRAM. ANY OBLIGATION
TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE
CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY
PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS
S. 8175 4
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER
OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME
HARDSHIP.
5. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT
LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT
LOAN AND THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE A
LOTTERY OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
§ 4. The education law is amended by adding a new section 679-c-2 to
read as follows:
§ 679-C-2. PATHWAY TO NURSING SCHOLARSHIP FOR HEALTHCARE WORKERS. 1.
PURPOSE. THE NEW YORK STATE PATHWAY TO NURSING SCHOLARSHIP IS HEREBY
ESTABLISHED FOR THE PURPOSE OF GRANTING SCHOLARSHIPS TO STUDENTS WHO ARE
CURRENTLY EMPLOYED AS A HEALTHCARE WORKER WITHIN THE STATE. SUCH
STUDENTS MUST BE ENROLLED IN AN UNDERGRADUATE NURSING PROGRAM ON A PART-
TIME BASIS OR AN APPROVED PRACTICAL NURSING PROGRAM OF STUDY IN NEW YORK
STATE. THE INTENT OF THE PROGRAM IS TO AUGMENT OR INCREASE TRAINING
PROGRAMS FOR NURSES AND THOSE SEEKING TO BECOME NURSES. GRANT FUNDING
SHALL NOT BE USED TO OFFSET EXISTING EXPENDITURES THE INSTITUTION OR
PROGRAM HAS OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
A. BE A NEW YORK STATE RESIDENT;
B. BE CURRENTLY EMPLOYED AS AN ELIGIBLE HEALTHCARE PROFESSIONAL, AS
DETERMINED BY THE PRESIDENT;
C. BE, AS OF THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
ACADEMIC YEAR OR THEREAFTER, ENROLLED IN EITHER: (I) AN APPROVED UNDER-
GRADUATE NURSING PROGRAM OF STUDY, ON A PART-TIME BASIS, IN A NEW YORK
STATE POST-SECONDARY INSTITUTION; OR (II) AN APPROVED PRACTICAL NURSING
PROGRAM OF STUDY IN NEW YORK STATE; AND
D. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A HEALTHCARE
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
PURSUANT TO THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO
ENTER OR CONTINUE IN AN UNDERGRADUATE NURSING OR PRACTICAL NURSING
PROGRAM OF STUDY. SUCH AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN
THE FOLLOWING PRIORITY:
(I) FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD ACADEMIC STAND-
ING; AND
(II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
TO REACH THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
AWARD LETTER.
HOWEVER, IN THE PROGRAM'S FIRST YEAR, FIRST PRIORITY SHALL BE IN
ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
B. THE REGENTS, AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A SHORTAGE OF
NURSES FOR THE PURPOSES OF THIS SUBDIVISION AND, SHOULD IT BE NECESSARY,
MAY ESTABLISH RELATIVE RANKINGS OF THOSE AREAS. THE REGENTS SHALL DETER-
MINE THE NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT
THAT THE AWARDS ARE DISTRIBUTED TO ENSURE APPROPRIATE DISTRIBUTION AMONG
THE AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
4. AWARD. A. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT
EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK
S. 8175 5
STATE ENROLLED IN A NURSING PROGRAM OF STUDY CHARGED BY THE STATE
UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS, IN
CALCULATING SUCH AWARD THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES
EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL
COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS
PROGRAM;
(II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS
THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS
AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
ANCE; AND
(III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER
THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED
TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL
GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS
PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE
AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL
COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
B. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE PROGRAM A
RECIPIENT FAILS TO EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED NURSING SHORTAGE
AREA WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO
REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR
PROFESSIONAL PROGRESS.
C. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR
INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE
PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-TIME BASIS IN A GRADU-
ATE NURSING OR HIGHER DEGREE NURSING PROGRAM AND SHALL ALSO BE DEFERRED
FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOYMENT AS ESTABLISHED
BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDI-
TIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE
ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED
UNDERGRADUATE PROGRAM IN NURSING OR A GRADUATE NURSING OR HIGHER DEGREE
NURSING PROGRAM. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS
OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIP-
IENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRA-
RY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH
WOULD INVOLVE EXTREME HARDSHIP.
5. STIPENDS. A. THE PRESIDENT IS AUTHORIZED TO GRANT STIPENDS TO
STUDENTS RECEIVING AN AWARD PURSUANT TO THIS SECTION. STIPENDS SHALL BE
AWARDED AS FOLLOWS:
(I) A STIPEND OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS AND NOT MORE
THAN TWO HUNDRED DOLLARS FOR EACH DAY THE STUDENT ATTENDS SCHOOL;
(II) A STIPEND IN AN AMOUNT TO COVER THE COST OF SUCH STUDENT'S TRANS-
PORTATION TO AND FROM SCHOOL;
(III) A STIPEND IN AN AMOUNT TO COVER CHILD CARE SERVICES FOR SUCH
STUDENT, IF SUCH STUDENT HAS ONE OR MORE CHILDREN; AND
(IV) A STIPEND IN AN AMOUNT TO COVER TUTORING SERVICES.
S. 8175 6
B. STIPENDS GRANTED PURSUANT TO THIS SUBDIVISION ARE NOT SUBJECT TO
THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION.
6. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT
LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT
LOAN AND THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE A
LOTTERY OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
§ 5. Paragraphs 2 and 3 of subdivision a and subdivision b of section
679-d of the education law, as amended by section 2 of part E-3 of chap-
ter 57 of the laws of 2007, are amended to read as follows:
(2) To be eligible for an award pursuant to this subdivision, appli-
cants shall (i) be licensed as a registered professional nurse; (ii)
have an outstanding student loan debt from a nursing degree program
acquired on or after January first, two thousand one; (iii) have a
master's degree in nursing or doctoral degree that qualified them as
nursing faculty or adjunct clinical faculty; (iv) be employed as a
faculty member at a nursing school located in New York state; and (v)
comply with [subdivisions three and] SUBDIVISION five of section six
hundred sixty-one of this part.
(3) An award of [eight] FIFTEEN thousand dollars shall be made annual-
ly to recipients who have provided classroom or clinical instruction of
not less than twelve academic credit hours, or its equivalent, as nurs-
ing faculty or in clinical teaching service in the academic year preced-
ing the granting of the award, provided that no recipient shall receive
cumulative awards, pursuant to this section, in excess of [forty] SIXTY
thousand dollars.
b. Duration. Loan forgiveness awards shall be made annually to appli-
cants whom the corporation has certified are eligible to receive such
awards and have provided nursing faculty or clinical nurse faculty
services required pursuant to this article; provided that no award shall
be granted for more than [five] FOUR years.
§ 6. The education law is amended by adding a new section 679-d-1 to
read as follows:
§ 679-D-1. NEW YORK STATE NURSING SHORTAGE LOAN FORGIVENESS INCENTIVE
PROGRAM. A. PURPOSE. (1) THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVE-
NESS AWARDS FOR THE PURPOSE OF INCREASING THE NUMBER OF REGISTERED
PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRACTITIONERS
WORKING FOR HEALTHCARE PROVIDERS OR FACILITIES IN A SETTING OR REGION OF
THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES.
(2) TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVISION, APPLI-
CANTS SHALL (I) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE; (II)
HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED NURSING PROGRAM
AS OF JANUARY FIRST, TWO THOUSAND TWO; (III) BE EMPLOYED AS A NURSE BY A
HEALTHCARE PROVIDER OR FACILITY IN THE STATE; AND (IV) COMPLY WITH
SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART.
(3) AN AWARD OF EIGHT THOUSAND DOLLARS SHALL BE MADE ANNUALLY TO
RECIPIENTS WHO HAVE PRACTICED ON A FULL-TIME BASIS IN A SETTING OR
REGION OF THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES PURSUANT
TO SUBDIVISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDI-
VISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-2 OF THIS CHAPTER,
PROVIDED THAT NO RECIPIENT SHALL RECEIVE CUMULATIVE AWARDS, PURSUANT TO
THIS SECTION, IN EXCESS OF FORTY THOUSAND DOLLARS.
(4) AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR OTHER AWARDS.
S. 8175 7
B. DURATION. LOAN FORGIVENESS AWARDS SHALL BE MADE ANNUALLY TO APPLI-
CANTS WHOM THE CORPORATION HAS CERTIFIED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS AND HAVE PROVIDED NURSING SERVICES REQUIRED PURSUANT TO THIS
ARTICLE; PROVIDED THAT NO AWARD SHALL BE GRANTED FOR MORE THAN FIVE
YEARS.
C. AMOUNT. THE CORPORATION SHALL GRANT SUCH AWARDS WITHIN THE AMOUNTS
APPROPRIATED FOR SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS IN AN
AMOUNT NOT TO EXCEED THE TOTAL COST OF THE STUDENT LOAN DEBT.
§ 7. Article 14 of the education law is amended by adding a new part 6
to read as follows:
PART VI
NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
SECTION 694-C. DEFINITIONS.
694-D. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
694-E. PROGRAM ELIGIBILITY.
694-F. PROGRAM.
694-G. REPAYMENT.
§ 694-C. DEFINITIONS. FOR PURPOSES OF THIS PART, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "EDUCATION LOAN" SHALL MEAN ANY STUDENT LOAN THAT THE STATE REFI-
NANCES UNDER THE PROGRAM THAT WAS OBTAINED BY A BORROWER FOR THE
PURPOSES OF ACQUIRING AN UNDERGRADUATE NURSING AND GRADUATE NURSING
DEGREE FROM A COLLEGE OR UNIVERSITY LOCATED IN THE STATE, PROVIDED,
HOWEVER, THAT LOANS PROVIDED BY THE FEDERAL GOVERNMENT, OR LOANS
PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT FEDERAL LOAN
INTEREST RATE SHALL NOT BE ELIGIBLE FOR REFINANCING UNDER THE PROGRAM.
2. "PARTICIPANT" SHALL MEAN AN INDIVIDUAL WHO HAS INCURRED STUDENT
LOAN DEBT FROM A LENDING INSTITUTION OR LENDER TO COVER THE COST OF
TUITION ASSOCIATED WITH AN UNDERGRADUATE NURSING AND GRADUATE NURSING
DEGREE FROM A COLLEGE OR UNIVERSITY LOCATED IN THE STATE AND HAS APPLIED
TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE IN THE PROGRAM.
3. "LENDING INSTITUTION" OR "LENDER" SHALL MEAN ANY ENTITY THAT HAS
ITSELF OR THROUGH AN AFFILIATE PROVIDED STUDENT LOANS TO AN ELIGIBLE
PARTICIPANT.
4. "PROGRAM" SHALL MEAN THE NEW YORK NURSING FACULTY STUDENT LOAN
REFINANCING PROGRAM.
5. "FUND" SHALL MEAN THE NEW YORK NURSING FACULTY STUDENT LOAN REFI-
NANCING PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-OO OF
THE STATE FINANCE LAW.
§ 694-D. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
1. THE NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM IS
HEREBY ESTABLISHED FOR THE PURPOSES OF RELIEVING STUDENT DEBT BY DIRECT-
LY PAYING AN ELIGIBLE PARTICIPANT'S LOAN DEBT TO THE LENDING INSTITUTION
OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY PAYMENTS WILL BE DEPOS-
ITED IN THE FUND.
2. THE CORPORATION SHALL PROMULGATE RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
WITH THE OFFICE OF THE COMPTROLLER.
3. THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR ELIGI-
BLE PARTICIPANTS, OTHER THAN THOSE SPECIFIED IN SECTION SIX HUNDRED
NINETY-FOUR-E OF THIS PART, SHALL SET A FIXED INTEREST RATE FOR THE
REPAYMENT OF REFINANCED LOANS, WHICH SHALL BE LOWER THAN THE AVERAGE
MARKET RATE FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH AN APPLICA-
TION PROCESS FOR THE PROGRAM.
4. THE CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT DEFERMENT AND
FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
S. 8175 8
§ 694-E. PROGRAM ELIGIBILITY. TO BE ELIGIBLE FOR THIS PROGRAM A
PARTICIPANT SHALL:
1. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
2. HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A NURSING DEGREE
PROGRAM;
3. HAVE A MASTER'S DEGREE IN NURSING OR DOCTORAL DEGREE FROM A COLLEGE
OR UNIVERSITY IN THE STATE THAT QUALIFIED THEM AS NURSING FACULTY OR
ADJUNCT CLINICAL FACULTY;
4. BE EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW
YORK STATE;
5. AGREE TO SIGN A CONTRACT WITH THE CORPORATION TO ALLOW A DIRECT
WITHDRAWAL OF PAYMENTS FROM THEIR PAY CHECKS UNTIL THE DEBT OBLIGATION
IS PAID IN FULL; AND
6. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO PROVIDED CLASSROOM
OR CLINICAL INSTRUCTION OF NOT LESS THAN TWELVE ACADEMIC CREDIT HOURS,
OR ITS EQUIVALENT, AS NURSING FACULTY OR IN CLINICAL TEACHING SERVICE
FOR AT LEAST FIVE ACADEMIC YEARS.
§ 694-F. PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS' EDUCATION
LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
PROGRAM IN AMOUNTS NOT TO EXCEED FIFTY THOUSAND DOLLARS PER PARTICIPANT.
2. LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT OR
THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
AT OR LOWER THAN THE CURRENT FEDERAL LOAN INTEREST RATE SHALL NOT BE
ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
§ 694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF THE
DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
RATION ACCORDING TO THE FOLLOWING:
A. DURING THE FIRST FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
B. DURING THE NEXT FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
C. DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR THEREAFTER
UNTIL THE DEBT OBLIGATION IS PAID IN FULL, THE PARTICIPANT SHALL PAY
EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
2. THERE SHALL BE NO PRE-PAYMENT PENALTIES UNDER THE PROGRAM AND
REPAYMENT SCHEDULES MAY BE CALCULATED AT A HIGHER PERCENTAGE RATE PER
YEAR OF SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A FASTER REPAYMENT
OPTION.
§ 8. The state finance law is amended by adding a new section 99-oo to
read as follows:
§ 99-OO. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
FUND. 1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, IN CONSULTATION WITH THE
STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
2. ALL MONIES RECEIVED PURSUANT TO THE NEW YORK NURSING FACULTY
STUDENT LOAN REFINANCING PROGRAM SHALL BE DEPOSITED INTO THE FUND AND
SHALL BE MANAGED PURSUANT TO PART SIX OF ARTICLE FOURTEEN OF THE EDUCA-
TION LAW.
3. ALL NECESSARY RULES AND REGULATIONS FOR THE SUCCESSFUL ADMINIS-
TRATION, INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED BY
THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, IN CONSULTA-
TION WITH THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE.
S. 8175 9
§ 9. The public health law is amended by adding a new section 2801-i
to read as follows:
§ 2801-I. NURSE TRAINING; CERTAIN REQUIRED TRAINING. 1. EACH GENERAL
HOSPITAL AND NURSING HOME LICENSED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE WHICH OFFERS CLINICAL PLACEMENTS FOR REGISTERED PROFESSIONAL
NURSES, LICENSED PRACTICAL NURSES, NURSE PRACTITIONERS OR CERTIFIED
NURSE SPECIALISTS MAY NOT CHARGE ANY FEE FOR SUCH CLINICAL PLACEMENT
EITHER TO THE STUDENT, OR TO THE INSTITUTION, FOR ANY COSTS IT INCURS IN
HOSTING SUCH CLINICAL HOURS.
2. NOTHING CONTAINED HEREIN, SHALL PREVENT A HOSPITAL FROM CHARGING AN
INSTITUTION AN ADMINISTRATIVE FEE FOR THE PROVISION OF ADMINISTRATIVE OR
RECORDKEEPING REQUIREMENTS AS PART OF THE PROGRAM PROVIDED SUCH AMOUNTS
DO NOT EXCEED ONE THOUSAND DOLLARS PER ANNUM.
3. THE COMMISSIONER SHALL BE EMPOWERED TO PROMULGATE REGULATIONS
NECESSARY TO ENSURE ACCESS TO SUCH CLINICAL PLACEMENTS AND SHALL BE
EMPOWERED TO PROMULGATE SUCH REGULATIONS ON AN EMERGENCY BASIS.
§ 10. The education law is amended by adding a new section 6912 to
read as follows:
§ 6912. AUTHORIZATION FOR THE USE OF SIMULATION TRAINING. NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMIS-
SIONER SHALL BE AUTHORIZED TO PERMIT NO MORE THAN FIFTY PERCENT OF THE
CLINICAL TRAINING REQUIREMENTS FOR LICENSURE OR LICENSE RENEWAL AS A
PRACTICAL NURSE, REGISTERED PROFESSIONAL NURSE, NURSE PRACTITIONER, OR
CLINICAL NURSE SPECIALIST TO BE SATISFIED THROUGH SIMULATION TRAINING IN
SUCH FORM AS THE DEPARTMENT SHALL REQUIRE.
§ 11. Section 212 of the retirement and social security law is amended
by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, SUCH EARNING LIMITATIONS SHALL NOT APPLY TO A RETIRED PERSON
WHO IS LICENSED AS A REGISTERED PROFESSIONAL NURSE AND CURRENTLY
EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW YORK
STATE.
§ 12. Section 601 of the tax law is amended by adding a new subsection
(i) to read as follows:
(I) A RETIRED PERSON, AS DEFINED BY SECTION TWO HUNDRED TEN OF THE
RETIREMENT AND SOCIAL SECURITY LAW, SUBJECT TO THE PROVISIONS OF THIS
SECTION, WHO IS LICENSED AS A REGISTERED PROFESSIONAL NURSE AND CURRENT-
LY EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW YORK
STATE SHALL HAVE NO MORE THAN ONE-HALF OF THEIR TAXABLE INCOME TAXED BY
THE STATE.
§ 13. Temporary authorization for the teaching of nurse courses.
Notwithstanding any other law, rule or regulation to the contrary, for a
period not to exceed five years from the effective date of this section,
the department of education shall allow an eligible registered profes-
sional nurse to teach nursing courses at an institution of higher educa-
tion. To be eligible, such registered professional nurse shall have the
necessary credentials and years of work experience as determined by the
department of education.
§ 14. Section 6502 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. 1. A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE
CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO ALLOW REGISTERED
PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRACTITIONERS
LICENSED AND IN CURRENT GOOD STANDING IN NEW YORK STATE BUT NOT REGIS-
TERED IN NEW YORK STATE TO PRACTICE IN NEW YORK STATE WITHOUT CIVIL OR
CRIMINAL PENALTY RELATED TO LACK OF REGISTRATION, PROVIDED THAT SUCH
S. 8175 10
REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE
PRACTITIONERS GAIN DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR
FACILITY IN A SETTING OR REGION OF THE STATE DESIGNATED BY THE REGENTS,
IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, AS HAVING A SHORTAGE OF
NURSES.
B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
THE COMMISSIONER SHALL BE AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS
WHO HAVE AN UNENCUMBERED LICENSE AND IN CURRENT GOOD STANDING IN NEW
YORK STATE BUT NOT REGISTERED IN NEW YORK STATE TO PRACTICE IN NEW YORK
STATE WITHOUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF REGISTRATION,
PROVIDED THAT SUCH CLINICAL NURSE SPECIALISTS GAIN DIRECT EMPLOYMENT
WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING OR REGION OF THE
STATE DESIGNATED BY THE REGENTS, IN CONSULTATION WITH THE COMMISSIONER
OF HEALTH, AS HAVING A SHORTAGE OF NURSES.
2. SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES,
NURSE PRACTITIONERS, AND CLINICAL NURSE SPECIALISTS SHALL BE REQUIRED TO
FULFILL THE REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND ARTI-
CLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO LATER THAN TWO YEARS
AFTER GAINING SUCH EMPLOYMENT.
3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SUBDIVISION.
§ 15. The education law is amended by adding a new section 6517 to
read as follows:
§ 6517. NURSES NOT LICENSED BY THE STATE. 1. (A) NOTWITHSTANDING ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE
AUTHORIZED TO ALLOW REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND
NURSE PRACTITIONERS AND SUBSTANTIALLY SIMILAR TITLES LICENSED AND IN
CURRENT GOOD STANDING IN ANY STATE IN THE UNITED STATES TO PRACTICE IN
NEW YORK STATE, OR ANY PROVINCE OR TERRITORY OF CANADA, OR ANY OTHER
COUNTRY AS APPROVED BY THE DEPARTMENT OF HEALTH, TO PRACTICE IN NEW YORK
STATE WITHOUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF LICENSURE,
PROVIDED THAT SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL
NURSES, AND NURSE PRACTITIONERS AND SUBSTANTIALLY SIMILAR TITLES GAIN
DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING OR
REGION IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDIVISION
THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION THREE OF
SECTION SIX HUNDRED SEVENTY-NINE-C-2.
(B) SUCH REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRAC-
TITIONERS AND SUBSTANTIALLY SIMILAR TITLES SHALL BE REQUIRED TO FULFILL
THE LICENSURE AND REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO LATER THAN TWO YEARS
AFTER GAINING SUCH EMPLOYMENT.
2. (A) NURSES NOT CERTIFIED BY THE STATE. NOTWITHSTANDING ANY OTHER
LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE
AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR
TITLES CERTIFIED AND IN CURRENT GOOD STANDING IN ANY STATE IN THE UNITED
STATES, OR ANY PROVINCE OR TERRITORY OF CANADA, OR ANY OTHER COUNTRY AS
APPROVED BY THE DEPARTMENT OF HEALTH TO PRACTICE IN NEW YORK STATE WITH-
OUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF CERTIFICATION, PROVIDED
THAT SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND
NURSE PRACTITIONERS GAIN DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR
FACILITY IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION THREE
OF SECTION SIX HUNDRED SEVENTY-NINE-C-2.
S. 8175 11
(B) SUCH CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR TITLES
SHALL BE REQUIRED TO FULFILL THE CERTIFICATION REQUIREMENTS PURSUANT TO
THIS ARTICLE AND ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO
LATER THAN TWO YEARS AFTER GAINING SUCH EMPLOYMENT.
3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
§ 16. The public health law is amended by adding a new section 2807-mm
to read as follows:
§ 2807-MM. NURSE LOAN REPAYMENT PROGRAM. 1. (A) FUNDS SHALL BE MADE
AVAILABLE, SUBJECT TO APPROPRIATIONS, FOR PURPOSES OF LOAN REPAYMENT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING ANY
CONTRARY PROVISION OF THIS ARTICLE, SECTIONS ONE HUNDRED TWELVE AND ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY
PROVISION OF LAW, SUCH FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER
AMONG AREAS IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDI-
VISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION
THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-2 AND SHALL BE DISTRIBUTED
IN A MANNER TO BE DETERMINED BY THE COMMISSIONER WITHOUT A COMPETITIVE
BID OR REQUEST FOR PROPOSAL PROCESSES.
(B) TO BE ELIGIBLE FOR SUCH FUNDING AN APPLICANT SHALL:
(I) BE A NEW YORK STATE RESIDENT;
(II) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
(III) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED NURSING
PROGRAM AS OF JANUARY FIRST, TWO THOUSAND TWO;
(IV) BE EMPLOYED AS A NURSE BY A NURSING HOME LICENSED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE; AND
(V) SIGN A CONTRACT WITH THE DEPARTMENT AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A NURSING HOME
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
(C) APPLICANTS SHALL RECEIVE FUNDING FOR UP TO TWENTY-FIVE PERCENT OF
THEIR TOTAL QUALIFIED DEBT. ANNUAL PAYMENTS TO SUCH NURSES SHALL NOT
EXCEED EIGHT THOUSAND DOLLARS PER YEAR AND NOT EXCEED THE TOTAL LOAN
DEBT HELD BY THE NURSE.
(D) WHEN A NURSE IS NOT ACTUALLY PRACTICING IN SUCH AN AREA, HE OR SHE
SHALL BE DEEMED TO BE PRACTICING IN SUCH AN AREA IF HE OR SHE PRACTICES
IN A NURSING FACILITY THAT PRIMARILY SERVES AN UNDERSERVED POPULATION AS
DETERMINED BY THE COMMISSIONER, WITHOUT REGARD TO WHETHER THE POPULATION
OR NURSING FACILITY IS LOCATED IN SUCH AN AREA. SUCH FUNDING MAY BE USED
TO REPAY EDUCATIONAL LOANS INCURRED BY SUCH NURSES OR TO SUPPORT THE
COSTS INCURRED BY SUCH NURSES TO JOIN FACILITIES LOCATED IN SUCH AREAS.
(E) LOAN REPAYMENT AWARDS MADE TO A NURSE PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL NOT EXCEED THE TOTAL QUALIFYING OUTSTANDING DEBT
OF THE NURSE FROM STUDENT LOANS TO COVER TUITION AND OTHER RELATED
EDUCATIONAL EXPENSES MADE BY OR GUARANTEED BY THE FEDERAL OR STATE
GOVERNMENT, OR MADE BY A LENDING OR EDUCATIONAL INSTITUTION APPROVED
UNDER TITLE IV OF THE FEDERAL HIGHER EDUCATION ACT. LOAN REPAYMENT
AWARDS SHALL BE USED SOLELY TO REPAY SUCH OUTSTANDING DEBT.
2. IN THE EVENT THAT A FOUR-YEAR COMMITMENT PURSUANT TO THE AGREEMENT
REFERENCED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION IS NOT
FULFILLED, THE RECIPIENT SHALL BE RESPONSIBLE FOR REPAYMENT IN FULL PLUS
INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE COMMISSIONER.
3. THE COMMISSIONER MAY POSTPONE, CHANGE OR WAIVE THE SERVICE OBLI-
GATION AND REPAYMENT AMOUNTS IN INDIVIDUAL CIRCUMSTANCES WHERE THERE IS
COMPELLING NEED OR HARDSHIP.
S. 8175 12
4. IN MAKING CRITERIA AND DETERMINATIONS AS TO WHETHER AN AREA IS AN
UNDERSERVED AREA OR WHETHER A NURSING HOME PRIMARILY SERVES AN UNDER-
SERVED POPULATION, THE COMMISSIONER MAY MAKE SEPARATE CRITERIA AND
DETERMINATIONS FOR DIFFERENT SPECIALTIES.
§ 17. The public health law is amended by adding a new section
2807-mmm to read as follows:
§ 2807-MMM. NURSING PRECEPTOR SUPPORT FUND. 1. DEFINITIONS. A. "NURS-
ING PRECEPTOR CLINICIAN" MEANS A (I) REGISTERED PROFESSIONAL NURSE
LICENSED PURSUANT TO SECTION SIXTY-NINE HUNDRED FIVE OF THE EDUCATION
LAW, (II) NURSE PRACTITIONER CERTIFIED PURSUANT TO SECTION SIXTY-NINE
HUNDRED TEN OF THE EDUCATION LAW, OR (III) CLINICAL NURSE SPECIALIST
CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED ELEVEN OF THE EDUCATION
LAW, OR, WHO PROVIDES A CLINICAL PRECEPTORSHIP OR PRECEPTORSHIPS.
B. "NURSING CLINICAL PRECEPTORSHIP" MEANS A CLINICAL NURSING PRACTICE
SUPERVISED BY A NURSING PRECEPTOR CLINICIAN FOR NURSING STUDENTS
ENROLLED IN A NEW YORK STATE BASED EDUCATIONAL PROGRAM APPROVED PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW TO BECOME A REGISTERED PROFESSIONAL
NURSE, NURSE PRACTITIONER, OR CLINICAL NURSE SPECIALIST, AND WHICH
PRECEPTORSHIP PROVIDES PRECEPTOR INSTRUCTION.
2. NURSING PRECEPTOR SUPPORT FUND. A. NOTWITHSTANDING ANY CONTRARY
PROVISION OF THIS SECTION, SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY PROVISION OF
LAW, SUCH FUNDING SHALL BE ALLOCATED TO HOSPITALS AND NURSING HOMES
LICENSED PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN A MANNER TO BE
DETERMINED BY THE COMMISSIONER.
B. FUNDING AWARDED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL
NOT EXCEED TWO HUNDRED THOUSAND DOLLARS FOR ANY HOSPITAL OR NURSING
HOME. AWARDS SHALL BE USED TO:
(I) PROVIDE ADDITIONAL COMPENSATION TO PRECEPTORS;
(II) PROVIDE STIPENDS TO STUDENTS ENROLLED IN A NURSING GRADUATE
PROGRAM OF STUDY LOCATED IN THE STATE TO PROVIDE NURSING CLINICAL
PRECEPTORSHIPS;
(III) ENSURE NURSING PRECEPTOR CLINICIANS ARE GIVEN A CERTAIN NUMBER
OF DEDICATED HOURS, TO BE DETERMINED BY THE COMMISSIONER, TO MONITOR
NURSING STUDENTS AND TEACH THE DIDACTIC PORTION OF NURSING CLINICAL
PRECEPTORSHIPS; AND
(IV) COVER THE COSTS ASSOCIATED WITH ANY CONTINUING EDUCATION REQUIRE-
MENTS THE NURSING PRECEPTOR CLINICIAN MUST SATISFY.
§ 18. The public health law is amended by adding a new section 2801-j
to read as follows:
§ 2801-J. NURSING RESIDENCY PROGRAM IN HOSPITALS AND NURSING HOMES.
1. EACH GENERAL HOSPITAL AND NURSING HOME LICENSED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE MAY PARTNER WITH A POST-SECONDARY INSTITUTION
WITHIN THE STATE TO CREATE A PROPOSAL FOR THE DEVELOPMENT AND IMPLEMEN-
TATION OR IMPROVEMENT AND CONTINUATION OF A NURSING RESIDENCY PROGRAM.
SUCH PROPOSALS SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT.
2. THE PURPOSE OF SUCH NURSING RESIDENCY PROGRAMS SHALL BE TO ASSIST
RECENT GRADUATES TRANSITION TO SPECIALTY PRACTICE AREAS AS WELL AS
ASSIST EXPERIENCED NURSES IN TRANSITIONING TO A DIFFERENT SPECIALTY
PRACTICE AREA.
3. THE DEPARTMENT SHALL, IN COLLABORATION WITH THE STATE EDUCATION
DEPARTMENT, DETERMINE IF THE PROPOSALS SUBMITTED APPROPRIATELY INCORPO-
RATE AN EVIDENCE-BASED CURRICULUM DESIGNED TO DECREASE TURNOVER, IMPROVE
DECISION-MAKING SKILLS, ENHANCE CLINICAL NURSING LEADERSHIP PRACTICES,
PROMOTE THE USE OF RESEARCH-BASED EVIDENCE INTO PRACTICE AND ACCOMPLISH
ANY OTHER GOALS AS DETERMINED BY THE COMMISSIONER.
S. 8175 13
4. IF THE COMMISSIONER DETERMINES THE PROPOSALS SUBMITTED SATISFY THE
PURPOSE AND CRITERIA DETAILED IN SUBDIVISIONS TWO AND THREE OF THIS
SECTION, THE COMMISSIONER MAY RELEASE FUNDS TO THE GENERAL HOSPITAL OR
NURSING HOME WHICH SUBMITTED THE PLAN TO OFFSET THE COSTS OF DEVELOPING
AND IMPLEMENTING THE NURSING RESIDENCY PROGRAM.
5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
§ 19. 1. The commissioner of education in consultation with the
commissioner of health is hereby authorized and directed to conduct a
study on the reasons registered professional nurses are no longer
employed in a health care setting and if there is an incentive or incen-
tives that would encourage registered professional nurses to return to
employment in a health care setting. Such study shall include, but not
be limited to:
(a) the demographics of registered professional nurses who are no
longer employed in a health care setting, including, but not limited to
age, race, gender and place of residence;
(b) the reasons registered professional nurses are no longer employed
in a health care setting, including, but not limited to stress, work
hours, location of employment and salary;
(c) the number of registered professional nurses who are not employed
in a health care setting; and
(d) the incentive or incentives that would encourage registered
professional nurses to return to employment in a health care setting.
2. Within one year of the effective date of this act, the commissioner
of education shall post a report on the department of education's
website and deliver such report to the governor, the temporary president
of the senate, the speaker of the assembly, the minority leader of the
senate and the minority leader of the assembly. The report shall include
recommendations for legislation and administrative actions that can be
undertaken to retain or encourage registered professional nurses to work
in a health care setting.
§ 20. This act shall take effect immediately.
co-Sponsors
(D) 36th Senate District
(D) 30th Senate District
(D, WF) 31st Senate District
(D) 50th Senate District
(D) 20th Senate District
(D, WF) 13th Senate District
(D, WF) 18th Senate District
2021-S8175A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7128
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§669-e, 679-d & 6502, add §§679-c-1, 679-c-2, 679-d-1, 6912 & 6517, Art 14 Part 6 §§694-c - 694-g, Ed L; add §99-oo, St Fin L; add §§2801-i, 2807-mm, 2807-mmm & 2801-j, Pub Health L; amd §212, R & SS L; amd §601, Tax L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A2027
2011-2012: A1745
2013-2014: A1628
2015-2016: A697
2017-2018: A868
2019-2020: A3670
2021-S8175A (ACTIVE) - Sponsor Memo
BILL NUMBER: S8175A
SPONSOR: REICHLIN-MELNICK
TITLE OF BILL:
An act to amend the education law, the state finance law, the public
health law, the retirement and social security law, and the tax law, in
relation to establishing the "recruit, empower, support, pay, educate,
connect and train (RESPECT) nurses act"
PURPOSE:
To remediate the statewide nursing shortage by enacting a comprehensive
set of policies designed to encourage more students to train in nursing,
and to provide the necessary support to nurses of every experience
level.
SUMMARY OF PROVISIONS:
Section one of the bill provides that this act shall be known as the
"recruit, empower, support, pay, educate, connect, and train (RESPECT)
nurses act."
Section two amends section 669-e of the education law, to add nursing to the list of undergraduate programs eligible for the STEM scholarship program. Section three adds section 679-c-1 to the education law, creating the "Nursing Shortage Area" scholarship program for full-time nursing students equal to the value of the full cost of tuition, books, and fees for a nursing program offered by a SUNY school. Scholarships are condi- tioned upon a student's commitment to work in a "Nursing Shortage Area" for 5 years. Nursing shortage areas will be designated by the Board of Regents in consultation with the commissioner of the state Health Department. Section four adds section 679-c-2 to the education law, creating the Pathway to Nursing scholarship" for healthcare workers enrolled in a nursing program on a part-time basis at an undergraduate institution within the state or an approved practical nursing program within the state. Scholarships are subject to the same conditions imposed by the "Nursing Shortage Area" scholarship program. Section five amends 679-d of the education law, revising the Nursing Faculty Loan Forgiveness Program, increasing participant awards to $15,000 per year, for a maximum award of $60,000 over 4 years. Section six of the bill adds section 679-d-1 to the education law, creating the "Nursing Shortage Loan Forgiveness" program, providing nurses with $8,000 a year to pay for qualifying student loan debt, for a maximum of $40,000 over five years. Nurses must agree to practice in a designated "Nursing Shortage Area" on a full-time basis for a period of five years. Section seven amends article 14 to the education law to create the "Nursing Faculty Student Loan Refinancing Program." This program enables HESC to buy the student loan debt of nursing faculty employed by a college or university within the state. Eligible students would apply to have HESC pay the students' private loan debt in a lump sum to the lend- er, in an amount up to $50,000. The student would then pay back the State at a lower interest over time based on their annual salary and ability to pay. Section eight adds section 99-oo to the state finance law, establishing the nursing faculty student loan refinancing fund. Section nine adds section 2801-i to the public health law, prohibiting hospitals and nursing homes from charging nursing students, or their institution, fees for clinical placements. A small exception is provided, allowing hospitals and nursing homes to charge no more than $1,000 for administrative costs. Section ten adds section 6912 to the education law, allowing the Commis- sioner of Education to permit up to 50% of clinical nursing hours to be satisfied through the use of approved simulation training. Section 11 amends section 212 of the retirement and social security law, exempting eligible nurses who are collecting a public pension from the $35,000 earnings limitation imposed by section if they are working as nursing faculty at a SED-accredited institution. Section 12 amends section 601 of the tax law, providing that only 50% of the income earned by a retired public employee who is currently employed as nursing faculty, at an SED-accredited institution, can be taxed by the state. Section 13 allows SED, for a period not to exceed 5 years, to permit an eligible nurse to teach nursing courses at an institution of higher learning even if such nurse does not possess a master's or doctorate degree. Further, SED is empowered to determine the necessary credentials and years of experience for eligibility. Sections 14 and 15 amend the public health law, allowing LPNs, RNs, CPNs, and CNSs to practice in the state even if they are not registered, licensed, or certified in NYS. It requires the nurse in question to have a license in good standing with a state in the US, a province in Canada, or a country identified by SED and DOH. Nurses seeking to leverage these provisions must acquire direct employment with a healthcare provider or facility in the state and must fulfill the state's licensing and registration/certification requirements within 2 years of gaining employment. Section 16 adds section 2807-mm to the public health law, creating the "Nurse Loan Repayment Program." This program will make an additional student loan forgiveness award available to nurses who are employed by a nursing home designated as or located in a Nursing shortage area. A nurse may also qualify for this program if the nursing home residents consist of a population that is typically underserved. Nurses who agree to work in such nursing homes for a period of four years will be eligi- ble for up to $8,000 per year to pay for qualifying student loan debt, for a maximum of $32,000 over four years. Section 17 adds section 2807-mm to the public health law, creating the nursing preceptor support fund, allowing hospitals and nursing homes to apply for up to $200,000 in grants for purposes of granting additional compensation to nursing preceptors, stipends for graduate students to provide clinical preceptorships, scheduling enough staff coverage to ensure preceptors have the time necessary to supervise nursing students and execute the didactic portion of preceptorships, and to cover the continuing education costs of nursing preceptors. Section 18 adds 2801-j to the public health law, and allows any hospital or nursing home in the state to partner with a post-secondary institu- tion to submit a proposal to DOH for the development and implementation or improvement and continuation of a nursing residency program. The proposal must detail how facilities will establish or expand nurse resi- dency programs, to help recent graduates transition into clinical prac- tice and assist current nurses in changing their specialties without interrupting their careers. If proposals are approved, DOH will release funds to support facilities in establishing or expanding their nursing residency programs. Section 19 requires the commissioner of education, in consultation with the commissioner of health, to determine why RN license holders in the state are not working in a healthcare setting. The commissioners must also determine what could bring those license holders back into the healthcare setting workforce. Section 20 provides the effective date. JUSTIFICATION: New York state has a shortage of nurses - and there is a healthcare crisis looming if we do not act now to solve it. Before the Coronavirus Pandemic, the NYS Department of Health released a study on caregiving staffing, finding that by 2030 NYS will have a shortage of over 39,000 Registered Professional Nurses (RNs). The shortage will be statewide but will be acutely felt in rural areas. For years, fewer people have been starting careers in the nursing field, while there are a number of qualified students that have been turned away from nursing programs due to capacity constraints. The American Association of Colleges of Nursing (AACN) 2019 - 2020 report, found that US baccalaureate and graduate nursing programs turned away over 80,000 qualified applicants in 2019 due to "insufficient number of faculty, clinical sites, classroom space, clinical preceptors, and budget constraints." The National League for Nursing in 2020 found that for associate programs over 45,000 qualified candidates were turned away due to limited resources. Part of this lack of access to programs is caused by a nursing faculty shortage. Faculty wages continue to be noncompetitive, pushing many nurses to pursue clinician roles rather than train the next generation of nurses. The AACN also found that about a third of the nurse faculty workforce plan to retire by 2025, which will significantly worsen these issues. Additionally, the ballooning student debt crisis, which impacts nursing students just as much if not more than students in other programs, is contributing to the shortage. A survey by the National Student Nurses' Association of their members, found the overall average debt burden for 2019 graduates across all program types was $28,967. This tracks with the national student debt average of approximately $29,000 for under- graduate programs but does not take into account the fact that many nurses also go on to complete master's level education. AACN's 2017 Graduate Nursing Student Loan Survey offers a glimpse of the financial condition of graduate nursing students. The study found that 69% of graduate nursing students had federal loans, while 76% also reported taking out loans for acquiring their undergraduate nursing degree. The median amount of loan debt for graduates once they complete their program is anticipated to range from $40,000 to $54,999. Over the last three years, dealing with a global pandemic and numerous administrative, health, and political challenges for healthcare workers, many nurses have decided to leave the field entirely to pursue a career with a better quality of life. There is no silver-bullet solution to this problem, but the RESPECT Nurses (RN) Act provides a comprehensive approach with a diverse set of strategies to encourage more students to train in nursing, and to make the career more rewarding - both emotionally and financially - for nurses of every experience level and stage of their career. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: To be determined EFFECTIVE DATE: This act shall take effect immediately.
2021-S8175A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8175--A
I N S E N A T E
January 31, 2022
___________
Introduced by Sen. REICHLIN-MELNICK -- read twice and ordered printed,
and when printed to be committed to the Committee on Higher Education
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the education law, the state finance law, the public
health law, the retirement and social security law, and the tax law,
in relation to establishing the "recruit, empower, support, pay,
educate, connect and train (RESPECT) nurses act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "recruit,
empower, support, pay, educate, connect and train (RESPECT) nurses act".
§ 2. Subdivisions 1 and 4 of section 669-e of the education law,
subdivision 1 as amended by chapter 329 of the laws of 2018 and subdivi-
sion 4 as amended by section 1 of part BB of chapter 56 of the laws of
2018, are amended to read as follows:
1. Undergraduate students who are matriculated in an approved under-
graduate program leading to a career in science, technology,
engineering, NURSING or mathematics at a New York state public institu-
tion of higher education for the purpose of subdivision two of this
section, or a New York state private degree granting institution of
higher education for the purpose of subdivision two-a of this section,
shall be eligible for an award under this section, provided the appli-
cant: (a) graduates from a high school located in New York state during
or after the two thousand thirteen--fourteen school year; and (b) gradu-
ates within the top ten percent of his or her high school class; and (c)
enrolls in full-time study each term beginning in the fall term after
his or her high school graduation in an approved undergraduate program
in science, technology, engineering, NURSING or mathematics, as defined
by the corporation, at a New York state institution of higher education;
and (d) signs a contract with the corporation agreeing that his or her
award will be converted to a student loan in the event the student fails
to comply with the terms of this program as set forth in subdivision
four of this section; and (e) complies with the applicable provisions of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14091-04-2
S. 8175--A 2
this article and all requirements promulgated by the corporation for the
administration of the program.
4. The corporation shall convert to a student loan the full amount of
the award given pursuant to this section, plus interest, according to a
schedule to be determined by the corporation if: (a) a recipient fails
to complete an approved undergraduate program in science, technology,
engineering, NURSING or mathematics or changes majors to a program of
undergraduate study other than in science, technology, engineering,
NURSING or mathematics; or (b) upon completion of such undergraduate
degree program a recipient fails to either (i) complete five years of
continuous full time employment in the science, technology, engineering,
NURSING or mathematics field with a public or private entity located
within New York state, or (ii) maintain residency in New York state for
such period of employment; or (c) a recipient fails to respond to
requests by the corporation for the status of his or her academic or
professional progress. The terms and conditions of this subdivision
shall be deferred for individuals who graduate with a degree in an
approved undergraduate program in science, technology, engineering,
NURSING or mathematics and enroll on at least a half-time basis in a
graduate or higher degree program or other professional licensure degree
program until they are conferred a degree, and shall also be deferred
for any interruption in undergraduate study or employment as established
by the rules and regulations of the corporation. The terms and condi-
tions of this subdivision may also be deferred for a grace period, to be
established by the corporation, following the completion of an approved
undergraduate program in science, technology, engineering, NURSING or
mathematics a graduate or higher degree program or other professional
licensure degree program. Any obligation to comply with such provisions
as outlined in this section shall be cancelled upon the death of the
recipient. Notwithstanding any provisions of this subdivision to the
contrary, the corporation is authorized to promulgate rules and regu-
lations to provide for the waiver or suspension of any financial obli-
gation which would involve extreme hardship.
§ 3. The education law is amended by adding a new section 679-c-1 to
read as follows:
§ 679-C-1. NURSING SHORTAGE AREA SCHOLARSHIP. 1. PURPOSE. THE NEW YORK
STATE NURSING SHORTAGE AREA SCHOLARSHIP IS HEREBY ESTABLISHED FOR THE
PURPOSE OF GRANTING SCHOLARSHIPS TO STUDENTS ENROLLED IN A NURSING
PROGRAM WITHIN THE STATE.
2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
A. BE A NEW YORK STATE RESIDENT;
B. HAVE GRADUATED FROM A NEW YORK STATE HIGH SCHOOL;
C. BE ENROLLED, ON A FULL-TIME BASIS, IN AN APPROVED UNDERGRADUATE
NURSING PROGRAM OF STUDY IN A NEW YORK STATE POST-SECONDARY INSTITUTION
AS OF THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE ACADEMIC
YEAR OR THEREAFTER; AND
D. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A HEALTHCARE
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
PURSUANT TO THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO
ENTER OR CONTINUE IN AN UNDERGRADUATE NURSING PROGRAM OF STUDY. SUCH
AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN THE FOLLOWING PRIORITY:
(I) FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD ACADEMIC STAND-
ING; AND
S. 8175--A 3
(II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
TO REACH THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
AWARD LETTER.
HOWEVER, IN THE PROGRAM'S FIRST YEAR, FIRST PRIORITY SHALL BE IN
ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
B. THE REGENTS, AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A SHORTAGE OF
NURSES FOR THE PURPOSES OF THIS SUBDIVISION, AND, SHOULD IT BE NECESSARY
MAY ESTABLISH RELATIVE RANKINGS OF THOSE AREAS, SHALL DETERMINE THE
NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT THAT THE
AWARDS ARE DISTRIBUTED TO ENSURE APPROPRIATE DISTRIBUTION AMONG THE
AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
4. AWARD. A. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT
EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK
STATE ENROLLED IN A NURSING PROGRAM OF STUDY CHARGED BY THE STATE
UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS, IN
CALCULATING SUCH AWARD THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES
EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL
COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS
PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO-
LARSHIPS THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE,
SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS
PROGRAM AND MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,
PROVIDED THAT THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL
COST OF ATTENDANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE
APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS
AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED IN AN AMOUNT
EQUAL TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION
OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT
OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI-
ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
TION.
B. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE PROGRAM A
RECIPIENT FAILS TO EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED NURSING SHORTAGE
AREA WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
FOR SUCH PERIOD OF EMPLOYMENT; OR (III) A RECIPIENT FAILS TO RESPOND TO
REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR
PROFESSIONAL PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION
SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN
APPROVED UNDERGRADUATE PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-
TIME BASIS IN A GRADUATE NURSING OR HIGHER DEGREE NURSING PROGRAM AND
SHALL ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR
EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPO-
RATION. THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE
DEFERRED FOR A GRACE PERIOD, TO BE ESTABLISHED BY THE CORPORATION,
FOLLOWING THE COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN NURSING
OR A GRADUATE NURSING OR HIGHER DEGREE NURSING PROGRAM. ANY OBLIGATION
TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE
CANCELLED UPON THE DEATH OF THE RECIPIENT. NOTWITHSTANDING ANY
PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, THE CORPORATION IS
S. 8175--A 4
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER
OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME
HARDSHIP.
5. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT
LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT
LOAN AND THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE A
LOTTERY OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
§ 4. The education law is amended by adding a new section 679-c-2 to
read as follows:
§ 679-C-2. PATHWAY TO NURSING SCHOLARSHIP FOR HEALTHCARE WORKERS. 1.
PURPOSE. THE NEW YORK STATE PATHWAY TO NURSING SCHOLARSHIP IS HEREBY
ESTABLISHED FOR THE PURPOSE OF GRANTING SCHOLARSHIPS TO STUDENTS WHO ARE
CURRENTLY EMPLOYED AS A HEALTHCARE WORKER WITHIN THE STATE. SUCH
STUDENTS MUST BE ENROLLED IN AN UNDERGRADUATE NURSING PROGRAM ON A PART-
TIME BASIS OR AN APPROVED PRACTICAL NURSING PROGRAM OF STUDY IN NEW YORK
STATE. THE INTENT OF THE PROGRAM IS TO AUGMENT OR INCREASE TRAINING
PROGRAMS FOR NURSES AND THOSE SEEKING TO BECOME NURSES. GRANT FUNDING
SHALL NOT BE USED TO OFFSET EXISTING EXPENDITURES THE INSTITUTION OR
PROGRAM HAS OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
2. ELIGIBILITY. TO BE ELIGIBLE FOR SUCH AWARDS, AN APPLICANT MUST:
A. BE A NEW YORK STATE RESIDENT;
B. BE CURRENTLY EMPLOYED AS AN ELIGIBLE HEALTHCARE PROFESSIONAL, AS
DETERMINED BY THE PRESIDENT;
C. BE, AS OF THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE
ACADEMIC YEAR OR THEREAFTER, ENROLLED IN EITHER: (I) AN APPROVED UNDER-
GRADUATE NURSING PROGRAM OF STUDY, ON A PART-TIME BASIS, IN A NEW YORK
STATE POST-SECONDARY INSTITUTION; OR (II) AN APPROVED PRACTICAL NURSING
PROGRAM OF STUDY IN NEW YORK STATE; AND
D. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A HEALTHCARE
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
3. PRIORITY. A. THE PRESIDENT IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS
PURSUANT TO THIS SECTION TO PROVIDE FINANCIAL SUPPORT TO APPLICANTS TO
ENTER OR CONTINUE IN AN UNDERGRADUATE NURSING OR PRACTICAL NURSING
PROGRAM OF STUDY. SUCH AWARDS SHALL BE MADE TO ELIGIBLE APPLICANTS IN
THE FOLLOWING PRIORITY:
(I) FIRST, TO APPLICANTS WHO HAVE RECEIVED PAYMENT OF AN AWARD PURSU-
ANT TO THIS SECTION IN A PRIOR YEAR AND REMAIN IN GOOD ACADEMIC STAND-
ING; AND
(II) SECOND, TO APPLICANTS IN DESCENDING ORDER BASED ON THE UNMET NEED
TO REACH THE FULL COST OF ATTENDANCE AS INDICATED ON THE FINANCIAL AID
AWARD LETTER.
HOWEVER, IN THE PROGRAM'S FIRST YEAR, FIRST PRIORITY SHALL BE IN
ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH.
B. THE REGENTS, AFTER CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL DESIGNATE THOSE AREAS OF NEW YORK STATE WHICH HAVE A SHORTAGE OF
NURSES FOR THE PURPOSES OF THIS SUBDIVISION AND, SHOULD IT BE NECESSARY,
MAY ESTABLISH RELATIVE RANKINGS OF THOSE AREAS. THE REGENTS SHALL DETER-
MINE THE NUMBER OF SCHOLARSHIPS TO BE AWARDED EACH YEAR AND SHALL DIRECT
THAT THE AWARDS ARE DISTRIBUTED TO ENSURE APPROPRIATE DISTRIBUTION AMONG
THE AREAS IDENTIFIED AS NURSING SHORTAGE AREAS.
4. AWARD. A. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT
EQUAL TO THE AMOUNT OF UNDERGRADUATE TUITION FOR RESIDENTS OF NEW YORK
S. 8175--A 5
STATE ENROLLED IN A NURSING PROGRAM OF STUDY CHARGED BY THE STATE
UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED, WHICHEVER IS LESS, IN
CALCULATING SUCH AWARD THE CORPORATIONS SHALL ACCOUNT FOR THE AVERAGE
COST OF BOOKS AND FEES; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES
EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL
COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS
PROGRAM;
(II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS
THAT COVER LESS THAN THE STUDENT'S FULL COST OF ATTENDANCE, SUCH GRANTS
AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
ANCE; AND
(III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION AFTER
THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS LIMITED
TO TUITION AND SHALL BE REDUCED IN AN AMOUNT EQUAL TO SUCH EDUCATIONAL
GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD UNDER THIS
PROGRAM, THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION EQUAL TO THE
AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPIENT'S SUCCESSFUL
COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
B. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (I) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE NURSING PROGRAM OR CHANGES MAJORS;
OR (II) UPON COMPLETION OF SUCH UNDERGRADUATE NURSING DEGREE PROGRAM A
RECIPIENT FAILS TO EITHER (A) COMPLETE FIVE YEARS OF CONTINUOUS FULL-
TIME EMPLOYMENT AS A REGISTERED NURSE IN A DESIGNATED NURSING SHORTAGE
AREA WITHIN NEW YORK STATE, OR (B) MAINTAIN RESIDENCY IN NEW YORK STATE
FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO RESPOND TO
REQUESTS BY THE CORPORATION FOR THE STATUS OF HIS OR HER ACADEMIC OR
PROFESSIONAL PROGRESS.
C. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR
INDIVIDUALS WHO GRADUATE WITH A DEGREE IN AN APPROVED UNDERGRADUATE
PROGRAM IN NURSING AND ENROLL ON AT LEAST A HALF-TIME BASIS IN A GRADU-
ATE NURSING OR HIGHER DEGREE NURSING PROGRAM AND SHALL ALSO BE DEFERRED
FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOYMENT AS ESTABLISHED
BY THE RULES AND REGULATIONS OF THE CORPORATION. THE TERMS AND CONDI-
TIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A GRACE PERIOD, TO BE
ESTABLISHED BY THE CORPORATION, FOLLOWING THE COMPLETION OF AN APPROVED
UNDERGRADUATE PROGRAM IN NURSING OR A GRADUATE NURSING OR HIGHER DEGREE
NURSING PROGRAM. ANY OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS
OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIP-
IENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE CONTRA-
RY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH
WOULD INVOLVE EXTREME HARDSHIP.
5. STIPENDS. A. THE PRESIDENT IS AUTHORIZED TO GRANT STIPENDS TO
STUDENTS RECEIVING AN AWARD PURSUANT TO THIS SECTION. STIPENDS SHALL BE
AWARDED AS FOLLOWS:
(I) A STIPEND OF NOT LESS THAN ONE HUNDRED FIFTY DOLLARS AND NOT MORE
THAN TWO HUNDRED DOLLARS FOR EACH DAY THE STUDENT ATTENDS SCHOOL;
(II) A STIPEND IN AN AMOUNT TO COVER THE COST OF SUCH STUDENT'S TRANS-
PORTATION TO AND FROM SCHOOL;
(III) A STIPEND IN AN AMOUNT TO COVER CHILD CARE SERVICES FOR SUCH
STUDENT, IF SUCH STUDENT HAS ONE OR MORE CHILDREN; AND
(IV) A STIPEND IN AN AMOUNT TO COVER TUTORING SERVICES.
S. 8175--A 6
B. STIPENDS GRANTED PURSUANT TO THIS SUBDIVISION ARE NOT SUBJECT TO
THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION FOUR OF THIS SECTION.
6. RULES. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE
IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT
LIMITED TO, THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT
LOAN AND THE CRITERIA FOR DISTRIBUTING THE AWARDS, WHICH MAY INCLUDE A
LOTTERY OR OTHER FORM OF RANDOM SELECTION FOR AWARDS DISTRIBUTED PURSU-
ANT TO SUBDIVISION TWO OF THIS SECTION.
§ 5. Paragraphs 2 and 3 of subdivision a and subdivision b of section
679-d of the education law, as amended by section 2 of part E-3 of chap-
ter 57 of the laws of 2007, are amended to read as follows:
(2) To be eligible for an award pursuant to this subdivision, appli-
cants shall (i) be licensed as a registered professional nurse; (ii)
have an outstanding student loan debt from a nursing degree program
acquired on or after January first, two thousand one; (iii) have a
master's degree in nursing or doctoral degree that qualified them as
nursing faculty or adjunct clinical faculty; (iv) be employed as a
faculty member at a nursing school located in New York state; and (v)
comply with [subdivisions three and] SUBDIVISION five of section six
hundred sixty-one of this part.
(3) An award of [eight] FIFTEEN thousand dollars shall be made annual-
ly to recipients who have provided classroom or clinical instruction of
not less than twelve academic credit hours, or its equivalent, as nurs-
ing faculty or in clinical teaching service in the academic year preced-
ing the granting of the award, provided that no recipient shall receive
cumulative awards, pursuant to this section, in excess of [forty] SIXTY
thousand dollars.
b. Duration. Loan forgiveness awards shall be made annually to appli-
cants whom the corporation has certified are eligible to receive such
awards and have provided nursing faculty or clinical nurse faculty
services required pursuant to this article; provided that no award shall
be granted for more than [five] FOUR years.
§ 6. The education law is amended by adding a new section 679-d-1 to
read as follows:
§ 679-D-1. NEW YORK STATE NURSING SHORTAGE LOAN FORGIVENESS INCENTIVE
PROGRAM. A. PURPOSE. (1) THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVE-
NESS AWARDS FOR THE PURPOSE OF INCREASING THE NUMBER OF REGISTERED
PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRACTITIONERS
WORKING FOR HEALTHCARE PROVIDERS OR FACILITIES IN A SETTING OR REGION OF
THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES.
(2) TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVISION, APPLI-
CANTS SHALL (I) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE; (II)
HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED NURSING PROGRAM
AS OF JANUARY FIRST, TWO THOUSAND TWO; (III) BE EMPLOYED AS A NURSE BY A
HEALTHCARE PROVIDER OR FACILITY IN THE STATE; AND (IV) COMPLY WITH
SUBDIVISION FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART.
(3) AN AWARD OF EIGHT THOUSAND DOLLARS SHALL BE MADE ANNUALLY TO
RECIPIENTS WHO HAVE PRACTICED ON A FULL-TIME BASIS IN A SETTING OR
REGION OF THE STATE DESIGNATED AS HAVING A SHORTAGE OF NURSES PURSUANT
TO SUBDIVISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDI-
VISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-2 OF THIS CHAPTER,
PROVIDED THAT NO RECIPIENT SHALL RECEIVE CUMULATIVE AWARDS, PURSUANT TO
THIS SECTION, IN EXCESS OF FORTY THOUSAND DOLLARS.
(4) AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR OTHER AWARDS.
S. 8175--A 7
B. DURATION. LOAN FORGIVENESS AWARDS SHALL BE MADE ANNUALLY TO APPLI-
CANTS WHOM THE CORPORATION HAS CERTIFIED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS AND HAVE PROVIDED NURSING SERVICES REQUIRED PURSUANT TO THIS
ARTICLE; PROVIDED THAT NO AWARD SHALL BE GRANTED FOR MORE THAN FIVE
YEARS.
C. AMOUNT. THE CORPORATION SHALL GRANT SUCH AWARDS WITHIN THE AMOUNTS
APPROPRIATED FOR SUCH PURPOSE AND BASED ON AVAILABILITY OF FUNDS IN AN
AMOUNT NOT TO EXCEED THE TOTAL COST OF THE STUDENT LOAN DEBT.
§ 7. Article 14 of the education law is amended by adding a new part 6
to read as follows:
PART VI
NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
SECTION 694-C. DEFINITIONS.
694-D. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
694-E. PROGRAM ELIGIBILITY.
694-F. PROGRAM.
694-G. REPAYMENT.
§ 694-C. DEFINITIONS. FOR PURPOSES OF THIS PART, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "EDUCATION LOAN" SHALL MEAN ANY STUDENT LOAN THAT THE STATE REFI-
NANCES UNDER THE PROGRAM THAT WAS OBTAINED BY A BORROWER FOR THE
PURPOSES OF ACQUIRING AN UNDERGRADUATE NURSING AND GRADUATE NURSING
DEGREE FROM A COLLEGE OR UNIVERSITY LOCATED IN THE STATE, PROVIDED,
HOWEVER, THAT LOANS PROVIDED BY THE FEDERAL GOVERNMENT, OR LOANS
PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT FEDERAL LOAN
INTEREST RATE SHALL NOT BE ELIGIBLE FOR REFINANCING UNDER THE PROGRAM.
2. "PARTICIPANT" SHALL MEAN AN INDIVIDUAL WHO HAS INCURRED STUDENT
LOAN DEBT FROM A LENDING INSTITUTION OR LENDER TO COVER THE COST OF
TUITION ASSOCIATED WITH AN UNDERGRADUATE NURSING AND GRADUATE NURSING
DEGREE FROM A COLLEGE OR UNIVERSITY LOCATED IN THE STATE AND HAS APPLIED
TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE IN THE PROGRAM.
3. "LENDING INSTITUTION" OR "LENDER" SHALL MEAN ANY ENTITY THAT HAS
ITSELF OR THROUGH AN AFFILIATE PROVIDED STUDENT LOANS TO AN ELIGIBLE
PARTICIPANT.
4. "PROGRAM" SHALL MEAN THE NEW YORK NURSING FACULTY STUDENT LOAN
REFINANCING PROGRAM.
5. "FUND" SHALL MEAN THE NEW YORK NURSING FACULTY STUDENT LOAN REFI-
NANCING PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-OO OF
THE STATE FINANCE LAW.
§ 694-D. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
1. THE NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM IS
HEREBY ESTABLISHED FOR THE PURPOSES OF RELIEVING STUDENT DEBT BY DIRECT-
LY PAYING AN ELIGIBLE PARTICIPANT'S LOAN DEBT TO THE LENDING INSTITUTION
OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY PAYMENTS WILL BE DEPOS-
ITED IN THE FUND.
2. THE CORPORATION SHALL PROMULGATE RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
WITH THE OFFICE OF THE COMPTROLLER.
3. THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR ELIGI-
BLE PARTICIPANTS, OTHER THAN THOSE SPECIFIED IN SECTION SIX HUNDRED
NINETY-FOUR-E OF THIS PART, SHALL SET A FIXED INTEREST RATE FOR THE
REPAYMENT OF REFINANCED LOANS, WHICH SHALL BE LOWER THAN THE AVERAGE
MARKET RATE FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH AN APPLICA-
TION PROCESS FOR THE PROGRAM.
4. THE CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT DEFERMENT AND
FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
S. 8175--A 8
§ 694-E. PROGRAM ELIGIBILITY. TO BE ELIGIBLE FOR THIS PROGRAM A
PARTICIPANT SHALL:
1. BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
2. HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A NURSING DEGREE
PROGRAM;
3. HAVE A MASTER'S DEGREE IN NURSING OR DOCTORAL DEGREE FROM A COLLEGE
OR UNIVERSITY IN THE STATE THAT QUALIFIED THEM AS NURSING FACULTY OR
ADJUNCT CLINICAL FACULTY;
4. BE EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW
YORK STATE;
5. AGREE TO SIGN A CONTRACT WITH THE CORPORATION TO ALLOW A DIRECT
WITHDRAWAL OF PAYMENTS FROM THEIR PAY CHECKS UNTIL THE DEBT OBLIGATION
IS PAID IN FULL; AND
6. SIGN A CONTRACT WITH THE CORPORATION AGREEING TO PROVIDED CLASSROOM
OR CLINICAL INSTRUCTION OF NOT LESS THAN TWELVE ACADEMIC CREDIT HOURS,
OR ITS EQUIVALENT, AS NURSING FACULTY OR IN CLINICAL TEACHING SERVICE
FOR AT LEAST FIVE ACADEMIC YEARS.
§ 694-F. PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS' EDUCATION
LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
PROGRAM IN AMOUNTS NOT TO EXCEED FIFTY THOUSAND DOLLARS PER PARTICIPANT.
2. LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT OR
THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
AT OR LOWER THAN THE CURRENT FEDERAL LOAN INTEREST RATE SHALL NOT BE
ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
§ 694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF THE
DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
RATION ACCORDING TO THE FOLLOWING:
A. DURING THE FIRST FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
B. DURING THE NEXT FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
C. DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR THEREAFTER
UNTIL THE DEBT OBLIGATION IS PAID IN FULL, THE PARTICIPANT SHALL PAY
EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
2. THERE SHALL BE NO PRE-PAYMENT PENALTIES UNDER THE PROGRAM AND
REPAYMENT SCHEDULES MAY BE CALCULATED AT A HIGHER PERCENTAGE RATE PER
YEAR OF SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A FASTER REPAYMENT
OPTION.
§ 8. The state finance law is amended by adding a new section 99-oo to
read as follows:
§ 99-OO. NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM
FUND. 1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, IN CONSULTATION WITH THE
STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM.
2. ALL MONIES RECEIVED PURSUANT TO THE NEW YORK NURSING FACULTY
STUDENT LOAN REFINANCING PROGRAM SHALL BE DEPOSITED INTO THE FUND AND
SHALL BE MANAGED PURSUANT TO PART SIX OF ARTICLE FOURTEEN OF THE EDUCA-
TION LAW.
3. ALL NECESSARY RULES AND REGULATIONS FOR THE SUCCESSFUL ADMINIS-
TRATION, INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED BY
THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, IN CONSULTA-
TION WITH THE STATE COMPTROLLER, OR HIS OR HER DESIGNEE.
S. 8175--A 9
§ 9. The public health law is amended by adding a new section 2801-i
to read as follows:
§ 2801-I. NURSE TRAINING; CERTAIN REQUIRED TRAINING. 1. EACH GENERAL
HOSPITAL AND NURSING HOME LICENSED PURSUANT TO THE PROVISIONS OF THIS
ARTICLE WHICH OFFERS CLINICAL PLACEMENTS FOR REGISTERED PROFESSIONAL
NURSES, LICENSED PRACTICAL NURSES, NURSE PRACTITIONERS OR CERTIFIED
NURSE SPECIALISTS MAY NOT CHARGE ANY FEE FOR SUCH CLINICAL PLACEMENT
EITHER TO THE STUDENT, OR TO THE INSTITUTION, FOR ANY COSTS IT INCURS IN
HOSTING SUCH CLINICAL HOURS.
2. NOTHING CONTAINED HEREIN, SHALL PREVENT A HOSPITAL FROM CHARGING AN
INSTITUTION AN ADMINISTRATIVE FEE FOR THE PROVISION OF ADMINISTRATIVE OR
RECORDKEEPING REQUIREMENTS AS PART OF THE PROGRAM PROVIDED SUCH AMOUNTS
DO NOT EXCEED ONE THOUSAND DOLLARS PER ANNUM.
3. THE COMMISSIONER SHALL BE EMPOWERED TO PROMULGATE REGULATIONS
NECESSARY TO ENSURE ACCESS TO SUCH CLINICAL PLACEMENTS AND SHALL BE
EMPOWERED TO PROMULGATE SUCH REGULATIONS ON AN EMERGENCY BASIS.
§ 10. The education law is amended by adding a new section 6912 to
read as follows:
§ 6912. AUTHORIZATION FOR THE USE OF SIMULATION TRAINING. NOTWITH-
STANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMIS-
SIONER SHALL BE AUTHORIZED TO PERMIT NO MORE THAN FIFTY PERCENT OF THE
CLINICAL TRAINING REQUIREMENTS FOR LICENSURE OR LICENSE RENEWAL AS A
PRACTICAL NURSE, REGISTERED PROFESSIONAL NURSE, NURSE PRACTITIONER, OR
CLINICAL NURSE SPECIALIST TO BE SATISFIED THROUGH SIMULATION TRAINING IN
SUCH FORM AS THE DEPARTMENT SHALL REQUIRE.
§ 11. Section 212 of the retirement and social security law is amended
by adding a new subdivision 4 to read as follows:
4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, SUCH EARNING LIMITATIONS SHALL NOT APPLY TO A RETIRED PERSON
WHO IS LICENSED AS A REGISTERED PROFESSIONAL NURSE AND CURRENTLY
EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW YORK
STATE.
§ 12. Subsection (i) of section 601 of the tax law is relettered
subsection (j) and a new subsection (i) is added to read as follows:
(I) A RETIRED PERSON, AS DEFINED BY SECTION TWO HUNDRED TEN OF THE
RETIREMENT AND SOCIAL SECURITY LAW, SUBJECT TO THE PROVISIONS OF THIS
SECTION, WHO IS LICENSED AS A REGISTERED PROFESSIONAL NURSE AND CURRENT-
LY EMPLOYED AS A FACULTY MEMBER AT A NURSING PROGRAM LOCATED IN NEW YORK
STATE SHALL HAVE NO MORE THAN ONE-HALF OF THEIR TAXABLE INCOME TAXED BY
THE STATE.
§ 13. Temporary authorization for the teaching of nurse courses.
Notwithstanding any other law, rule or regulation to the contrary, for a
period not to exceed five years from the effective date of this section,
the department of education shall allow an eligible registered profes-
sional nurse to teach nursing courses at an institution of higher educa-
tion. To be eligible, such registered professional nurse shall have the
necessary credentials and years of work experience as determined by the
department of education.
§ 14. Section 6502 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. 1. A. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE
CONTRARY, THE COMMISSIONER SHALL BE AUTHORIZED TO ALLOW REGISTERED
PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRACTITIONERS
LICENSED AND IN CURRENT GOOD STANDING IN NEW YORK STATE BUT NOT REGIS-
TERED IN NEW YORK STATE TO PRACTICE IN NEW YORK STATE WITHOUT CIVIL OR
CRIMINAL PENALTY RELATED TO LACK OF REGISTRATION, PROVIDED THAT SUCH
S. 8175--A 10
REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND NURSE
PRACTITIONERS GAIN DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR
FACILITY IN A SETTING OR REGION OF THE STATE DESIGNATED BY THE REGENTS,
IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, AS HAVING A SHORTAGE OF
NURSES.
B. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
THE COMMISSIONER SHALL BE AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS
WHO HAVE AN UNENCUMBERED LICENSE AND IN CURRENT GOOD STANDING IN NEW
YORK STATE BUT NOT REGISTERED IN NEW YORK STATE TO PRACTICE IN NEW YORK
STATE WITHOUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF REGISTRATION,
PROVIDED THAT SUCH CLINICAL NURSE SPECIALISTS GAIN DIRECT EMPLOYMENT
WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING OR REGION OF THE
STATE DESIGNATED BY THE REGENTS, IN CONSULTATION WITH THE COMMISSIONER
OF HEALTH, AS HAVING A SHORTAGE OF NURSES.
2. SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES,
NURSE PRACTITIONERS, AND CLINICAL NURSE SPECIALISTS SHALL BE REQUIRED TO
FULFILL THE REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND ARTI-
CLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO LATER THAN TWO YEARS
AFTER GAINING SUCH EMPLOYMENT.
3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SUBDIVISION.
§ 15. The education law is amended by adding a new section 6517 to
read as follows:
§ 6517. NURSES NOT LICENSED BY THE STATE. 1. (A) NOTWITHSTANDING ANY
OTHER LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE
AUTHORIZED TO ALLOW REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND
NURSE PRACTITIONERS AND SUBSTANTIALLY SIMILAR TITLES LICENSED AND IN
CURRENT GOOD STANDING IN ANY STATE IN THE UNITED STATES TO PRACTICE IN
NEW YORK STATE, OR ANY PROVINCE OR TERRITORY OF CANADA, OR ANY OTHER
COUNTRY AS APPROVED BY THE DEPARTMENT OF HEALTH, TO PRACTICE IN NEW YORK
STATE WITHOUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF LICENSURE,
PROVIDED THAT SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL
NURSES, AND NURSE PRACTITIONERS AND SUBSTANTIALLY SIMILAR TITLES GAIN
DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR FACILITY IN A SETTING OR
REGION IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDIVISION
THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION THREE OF
SECTION SIX HUNDRED SEVENTY-NINE-C-2.
(B) SUCH REGISTERED NURSES, LICENSED PRACTICAL NURSES, AND NURSE PRAC-
TITIONERS AND SUBSTANTIALLY SIMILAR TITLES SHALL BE REQUIRED TO FULFILL
THE LICENSURE AND REGISTRATION REQUIREMENTS PURSUANT TO THIS ARTICLE AND
ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO LATER THAN TWO YEARS
AFTER GAINING SUCH EMPLOYMENT.
2. (A) NURSES NOT CERTIFIED BY THE STATE. NOTWITHSTANDING ANY OTHER
LAW, RULE OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL BE
AUTHORIZED TO ALLOW CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR
TITLES CERTIFIED AND IN CURRENT GOOD STANDING IN ANY STATE IN THE UNITED
STATES, OR ANY PROVINCE OR TERRITORY OF CANADA, OR ANY OTHER COUNTRY AS
APPROVED BY THE DEPARTMENT OF HEALTH TO PRACTICE IN NEW YORK STATE WITH-
OUT CIVIL OR CRIMINAL PENALTY RELATED TO LACK OF CERTIFICATION, PROVIDED
THAT SUCH REGISTERED PROFESSIONAL NURSES, LICENSED PRACTICAL NURSES, AND
NURSE PRACTITIONERS GAIN DIRECT EMPLOYMENT WITH A HEALTHCARE PROVIDER OR
FACILITY IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION THREE
OF SECTION SIX HUNDRED SEVENTY-NINE-C-2.
S. 8175--A 11
(B) SUCH CLINICAL NURSE SPECIALISTS AND SUBSTANTIALLY SIMILAR TITLES
SHALL BE REQUIRED TO FULFILL THE CERTIFICATION REQUIREMENTS PURSUANT TO
THIS ARTICLE AND ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER NO
LATER THAN TWO YEARS AFTER GAINING SUCH EMPLOYMENT.
3. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
§ 16. The public health law is amended by adding a new section 2807-mm
to read as follows:
§ 2807-MM. NURSE LOAN REPAYMENT PROGRAM. 1. (A) FUNDS SHALL BE MADE
AVAILABLE, SUBJECT TO APPROPRIATIONS, FOR PURPOSES OF LOAN REPAYMENT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING ANY
CONTRARY PROVISION OF THIS ARTICLE, SECTIONS ONE HUNDRED TWELVE AND ONE
HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY
PROVISION OF LAW, SUCH FUNDING SHALL BE ALLOCATED BY THE COMMISSIONER
AMONG AREAS IDENTIFIED AS HAVING A SHORTAGE OF NURSES PURSUANT TO SUBDI-
VISION THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-1 AND SUBDIVISION
THREE OF SECTION SIX HUNDRED SEVENTY-NINE-C-2 AND SHALL BE DISTRIBUTED
IN A MANNER TO BE DETERMINED BY THE COMMISSIONER WITHOUT A COMPETITIVE
BID OR REQUEST FOR PROPOSAL PROCESSES.
(B) TO BE ELIGIBLE FOR SUCH FUNDING AN APPLICANT SHALL:
(I) BE A NEW YORK STATE RESIDENT;
(II) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE;
(III) HAVE AN OUTSTANDING STUDENT LOAN DEBT FROM A RECOGNIZED NURSING
PROGRAM AS OF JANUARY FIRST, TWO THOUSAND TWO;
(IV) BE EMPLOYED AS A NURSE BY A NURSING HOME LICENSED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE; AND
(V) SIGN A CONTRACT WITH THE DEPARTMENT AGREEING TO RESIDE AND PRAC-
TICE EXCLUSIVELY IN THE STATE AS A REGISTERED NURSE IN A NURSING HOME
SETTING ON A FULL-TIME BASIS IN A DESIGNATED NURSING SHORTAGE AREA.
(C) APPLICANTS SHALL RECEIVE FUNDING FOR UP TO TWENTY-FIVE PERCENT OF
THEIR TOTAL QUALIFIED DEBT. ANNUAL PAYMENTS TO SUCH NURSES SHALL NOT
EXCEED EIGHT THOUSAND DOLLARS PER YEAR AND NOT EXCEED THE TOTAL LOAN
DEBT HELD BY THE NURSE.
(D) WHEN A NURSE IS NOT ACTUALLY PRACTICING IN SUCH AN AREA, HE OR SHE
SHALL BE DEEMED TO BE PRACTICING IN SUCH AN AREA IF HE OR SHE PRACTICES
IN A NURSING FACILITY THAT PRIMARILY SERVES AN UNDERSERVED POPULATION AS
DETERMINED BY THE COMMISSIONER, WITHOUT REGARD TO WHETHER THE POPULATION
OR NURSING FACILITY IS LOCATED IN SUCH AN AREA. SUCH FUNDING MAY BE USED
TO REPAY EDUCATIONAL LOANS INCURRED BY SUCH NURSES OR TO SUPPORT THE
COSTS INCURRED BY SUCH NURSES TO JOIN FACILITIES LOCATED IN SUCH AREAS.
(E) LOAN REPAYMENT AWARDS MADE TO A NURSE PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION SHALL NOT EXCEED THE TOTAL QUALIFYING OUTSTANDING DEBT
OF THE NURSE FROM STUDENT LOANS TO COVER TUITION AND OTHER RELATED
EDUCATIONAL EXPENSES MADE BY OR GUARANTEED BY THE FEDERAL OR STATE
GOVERNMENT, OR MADE BY A LENDING OR EDUCATIONAL INSTITUTION APPROVED
UNDER TITLE IV OF THE FEDERAL HIGHER EDUCATION ACT. LOAN REPAYMENT
AWARDS SHALL BE USED SOLELY TO REPAY SUCH OUTSTANDING DEBT.
2. IN THE EVENT THAT A FOUR-YEAR COMMITMENT PURSUANT TO THE AGREEMENT
REFERENCED IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION IS NOT
FULFILLED, THE RECIPIENT SHALL BE RESPONSIBLE FOR REPAYMENT IN FULL PLUS
INTEREST, ACCORDING TO A SCHEDULE TO BE DETERMINED BY THE COMMISSIONER.
3. THE COMMISSIONER MAY POSTPONE, CHANGE OR WAIVE THE SERVICE OBLI-
GATION AND REPAYMENT AMOUNTS IN INDIVIDUAL CIRCUMSTANCES WHERE THERE IS
COMPELLING NEED OR HARDSHIP.
S. 8175--A 12
4. IN MAKING CRITERIA AND DETERMINATIONS AS TO WHETHER AN AREA IS AN
UNDERSERVED AREA OR WHETHER A NURSING HOME PRIMARILY SERVES AN UNDER-
SERVED POPULATION, THE COMMISSIONER MAY MAKE SEPARATE CRITERIA AND
DETERMINATIONS FOR DIFFERENT SPECIALTIES.
§ 17. The public health law is amended by adding a new section
2807-mmm to read as follows:
§ 2807-MMM. NURSING PRECEPTOR SUPPORT FUND. 1. DEFINITIONS. A. "NURS-
ING PRECEPTOR CLINICIAN" MEANS A (I) REGISTERED PROFESSIONAL NURSE
LICENSED PURSUANT TO SECTION SIXTY-NINE HUNDRED FIVE OF THE EDUCATION
LAW, (II) NURSE PRACTITIONER CERTIFIED PURSUANT TO SECTION SIXTY-NINE
HUNDRED TEN OF THE EDUCATION LAW, OR (III) CLINICAL NURSE SPECIALIST
CERTIFIED PURSUANT TO SECTION SIXTY-NINE HUNDRED ELEVEN OF THE EDUCATION
LAW, OR, WHO PROVIDES A CLINICAL PRECEPTORSHIP OR PRECEPTORSHIPS.
B. "NURSING CLINICAL PRECEPTORSHIP" MEANS A CLINICAL NURSING PRACTICE
SUPERVISED BY A NURSING PRECEPTOR CLINICIAN FOR NURSING STUDENTS
ENROLLED IN A NEW YORK STATE BASED EDUCATIONAL PROGRAM APPROVED PURSUANT
TO TITLE EIGHT OF THE EDUCATION LAW TO BECOME A REGISTERED PROFESSIONAL
NURSE, NURSE PRACTITIONER, OR CLINICAL NURSE SPECIALIST, AND WHICH
PRECEPTORSHIP PROVIDES PRECEPTOR INSTRUCTION.
2. NURSING PRECEPTOR SUPPORT FUND. A. NOTWITHSTANDING ANY CONTRARY
PROVISION OF THIS SECTION, SECTIONS ONE HUNDRED TWELVE AND ONE HUNDRED
SIXTY-THREE OF THE STATE FINANCE LAW, OR ANY OTHER CONTRARY PROVISION OF
LAW, SUCH FUNDING SHALL BE ALLOCATED TO HOSPITALS AND NURSING HOMES
LICENSED PURSUANT TO THE PROVISIONS OF THIS ARTICLE IN A MANNER TO BE
DETERMINED BY THE COMMISSIONER.
B. FUNDING AWARDED PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL
NOT EXCEED TWO HUNDRED THOUSAND DOLLARS FOR ANY HOSPITAL OR NURSING
HOME. AWARDS SHALL BE USED TO:
(I) PROVIDE ADDITIONAL COMPENSATION TO PRECEPTORS;
(II) PROVIDE STIPENDS TO STUDENTS ENROLLED IN A NURSING GRADUATE
PROGRAM OF STUDY LOCATED IN THE STATE TO PROVIDE NURSING CLINICAL
PRECEPTORSHIPS;
(III) ENSURE NURSING PRECEPTOR CLINICIANS ARE GIVEN A CERTAIN NUMBER
OF DEDICATED HOURS, TO BE DETERMINED BY THE COMMISSIONER, TO MONITOR
NURSING STUDENTS AND TEACH THE DIDACTIC PORTION OF NURSING CLINICAL
PRECEPTORSHIPS; AND
(IV) COVER THE COSTS ASSOCIATED WITH ANY CONTINUING EDUCATION REQUIRE-
MENTS THE NURSING PRECEPTOR CLINICIAN MUST SATISFY.
§ 18. The public health law is amended by adding a new section 2801-j
to read as follows:
§ 2801-J. NURSING RESIDENCY PROGRAM IN HOSPITALS AND NURSING HOMES.
1. EACH GENERAL HOSPITAL AND NURSING HOME LICENSED PURSUANT TO THE
PROVISIONS OF THIS ARTICLE MAY PARTNER WITH A POST-SECONDARY INSTITUTION
WITHIN THE STATE TO CREATE A PROPOSAL FOR THE DEVELOPMENT AND IMPLEMEN-
TATION OR IMPROVEMENT AND CONTINUATION OF A NURSING RESIDENCY PROGRAM.
SUCH PROPOSALS SHALL BE SUBJECT TO APPROVAL BY THE DEPARTMENT.
2. THE PURPOSE OF SUCH NURSING RESIDENCY PROGRAMS SHALL BE TO ASSIST
RECENT GRADUATES TRANSITION TO SPECIALTY PRACTICE AREAS AS WELL AS
ASSIST EXPERIENCED NURSES IN TRANSITIONING TO A DIFFERENT SPECIALTY
PRACTICE AREA.
3. THE DEPARTMENT SHALL, IN COLLABORATION WITH THE STATE EDUCATION
DEPARTMENT, DETERMINE IF THE PROPOSALS SUBMITTED APPROPRIATELY INCORPO-
RATE AN EVIDENCE-BASED CURRICULUM DESIGNED TO DECREASE TURNOVER, IMPROVE
DECISION-MAKING SKILLS, ENHANCE CLINICAL NURSING LEADERSHIP PRACTICES,
PROMOTE THE USE OF RESEARCH-BASED EVIDENCE INTO PRACTICE AND ACCOMPLISH
ANY OTHER GOALS AS DETERMINED BY THE COMMISSIONER.
S. 8175--A 13
4. IF THE COMMISSIONER DETERMINES THE PROPOSALS SUBMITTED SATISFY THE
PURPOSE AND CRITERIA DETAILED IN SUBDIVISIONS TWO AND THREE OF THIS
SECTION, THE COMMISSIONER MAY RELEASE FUNDS TO THE GENERAL HOSPITAL OR
NURSING HOME WHICH SUBMITTED THE PLAN TO OFFSET THE COSTS OF DEVELOPING
AND IMPLEMENTING THE NURSING RESIDENCY PROGRAM.
5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION.
§ 19. 1. The commissioner of education in consultation with the
commissioner of health is hereby authorized and directed to conduct a
study on the reasons registered professional nurses are no longer
employed in a health care setting and if there is an incentive or incen-
tives that would encourage registered professional nurses to return to
employment in a health care setting. Such study shall include, but not
be limited to:
(a) the demographics of registered professional nurses who are no
longer employed in a health care setting, including, but not limited to
age, race, gender and place of residence;
(b) the reasons registered professional nurses are no longer employed
in a health care setting, including, but not limited to stress, work
hours, location of employment and salary;
(c) the number of registered professional nurses who are not employed
in a health care setting; and
(d) the incentive or incentives that would encourage registered
professional nurses to return to employment in a health care setting.
2. Within one year of the effective date of this act, the commissioner
of education shall post a report on the department of education's
website and deliver such report to the governor, the temporary president
of the senate, the speaker of the assembly, the minority leader of the
senate and the minority leader of the assembly. The report shall include
recommendations for legislation and administrative actions that can be
undertaken to retain or encourage registered professional nurses to work
in a health care setting.
§ 20. This act shall take effect immediately.
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