S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3076
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M.  of  A.  LUPARDO,  SANTABARBARA,  LUNSFORD,  WALLACE,
   FORREST, McMAHON, JONES, CLARK, CONRAD, FAHY -- read once and referred
   to the Committee on Higher Education
 
 AN ACT to amend the education law, in relation to allowing for a certain
   amount of required clinical training and competency for licensing as a
   registered professional nurse, licensed  practical  nurse,  and  nurse
   practitioner to be completed through simulation experience
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6905  of  the  education  law,  as
 amended  by  chapter  380  of  the  laws  of 2018, is amended to read as
 follows:
   (2) Education: have received an education, and a diploma or degree  in
 professional nursing, in accordance with the commissioner's regulations,
 and  in  order  to  continue  to  maintain  registration as a registered
 professional nurse in New York  state,  have  attained  a  baccalaureate
 degree  or  higher  in  nursing within ten years of initial licensure in
 accordance with the commissioner's regulations, AND HAVE PARTICIPATED IN
 SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT,  AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH  CLINICAL  TRAINING  TO  BE  OBTAINED THROUGH SIMULATION EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION SHALL PROHIBIT AN EDUCATION PROGRAM FROM PROVIDING GREATER  THAN
 ONE-THIRD  OF  SUCH TRAINING THROUGH SIMULATION EXPERIENCE, PROVIDED THE
 DEPARTMENT HAS GRANTED APPROVAL TO DO SO PRIOR  TO  JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-THREE.   The department, in its discretion, may issue a
 conditional registration to a licensee who fails to complete the  bacca-
 laureate degree but who agrees to meet the additional requirement within
 one  year. The fee for such a conditional registration shall be the same
 as, and in addition to, the fee  for  the  triennial  registration.  The
 duration  of such conditional registration shall be for one year and may
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02684-03-3
              

 A. 3076                             2
 
 be extended, with the payment of a fee, for no more than one  additional
 year,  unless  the  applicant  can  show  good  cause for non-compliance
 acceptable to the department. The department,  in  its  discretion,  may
 issue  a  temporary educational exemption to a licensee who is unable to
 complete the baccalaureate degree due to a lack of access to educational
 programs. Licensees seeking  a  temporary  educational  exemption  shall
 provide  evidence  of  applying on at least two occasions to a baccalau-
 reate degree program or programs and subsequently being denied access to
 such program or programs on at least two occasions due to there being  a
 limited  number of seats. Such denials shall also be corroborated by the
 higher education institution or institutions that the  licensee  applied
 to. Temporary educational exemptions issued pursuant to this subdivision
 shall  be for a single two year period. Licensees shall only be eligible
 for  either  a  conditional  registration  or  a  temporary  educational
 exemption.  The  fee for such a temporary educational exemption shall be
 the same as, and in addition to, the fee for the triennial registration.
 Any licensee who is notified of the denial of a registration for failure
 to complete the additional educational requirements and who practices as
 a registered professional nurse without such registration may be subject
 to disciplinary proceedings pursuant to section sixty-five  hundred  ten
 of this title;
   § 2. Subdivision 2 of section 6906 of the education law, as amended by
 chapter 330 of the laws of 1981, is amended to read as follows:
   (2) Education: have received an education including completion of high
 school  or  its  equivalent,  and  have completed a program in practical
 nursing,  in  accordance  with  the   commissioner's   regulations,   or
 completion  of  equivalent  study  satisfactory  to  the department in a
 program conducted by the armed forces of the  United  States  or  in  an
 approved  program  in  professional  nursing,  AND  HAVE PARTICIPATED IN
 SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE EQUIVALENT,  AS
 DETERMINED BY THE DEPARTMENT. THE COMMISSIONER SHALL PERMIT ONE-THIRD OF
 SUCH  CLINICAL  TRAINING  TO  BE  OBTAINED THROUGH SIMULATION EXPERIENCE
 ACCEPTABLE TO THE DEPARTMENT AND PURSUANT TO REGULATION. NOTHING IN THIS
 SECTION SHALL PROHIBIT AN EDUCATION PROGRAM FROM PROVIDING GREATER  THAN
 ONE-THIRD  OF  SUCH TRAINING THROUGH SIMULATION EXPERIENCE, PROVIDED THE
 DEPARTMENT HAS GRANTED APPROVAL TO DO SO PRIOR  TO  JANUARY  FIRST,  TWO
 THOUSAND TWENTY-THREE;
   §  3.  Subparagraph  (i)  of paragraph (c) of subdivision 1 of section
 6910 of the education law, as added by chapter 257 of the laws of  1988,
 is amended to read as follows:
   (i)   have   satisfactorily   completed  educational  preparation  for
 provision of these services in a program registered by the department or
 in a program determined by the department to be the equivalent, AND HAVE
 PARTICIPATED IN SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE
 EQUIVALENT, AS DETERMINED BY  THE  DEPARTMENT.  THE  COMMISSIONER  SHALL
 PERMIT  ONE-THIRD OF SUCH CLINICAL TRAINING TO BE OBTAINED THROUGH SIMU-
 LATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT  AND  PURSUANT  TO  REGU-
 LATION. NOTHING IN THIS SECTION SHALL PROHIBIT AN EDUCATION PROGRAM FROM
 PROVIDING  GREATER  THAN  ONE-THIRD  OF SUCH TRAINING THROUGH SIMULATION
 EXPERIENCE, PROVIDED THE DEPARTMENT HAS GRANTED APPROVAL TO DO SO  PRIOR
 TO  JANUARY  FIRST, TWO THOUSAND TWENTY-THREE.  PROVIDED HOWEVER NOTHING
 IN THIS SECTION SHALL REDUCE THE IN-PERSON OR DIRECT  CARE  REQUIREMENTS
 ESTABLISHED BY PROGRAMMATIC ACCREDITORS AND CERTIFYING BODIES; or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.