S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4289
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, STECK, COLTON, COOK, BRONSON, JOYNER,
   RA, McDONOUGH, BRABENEC -- read once and referred to the Committee  on
   Higher Education
 
 AN  ACT  to  amend  the education law, in relation to establishing a New
   York state nursing faculty scholarship incentive program for  advanced
   degrees in nursing

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 605 of the education law is amended by adding a new
 subdivision 13 to read as follows:
   13. NEW YORK STATE NURSING FACULTY SCHOLARSHIP INCENTIVE  PROGRAM.  A.
 PURPOSE.  THE  COMMISSIONER  SHALL AWARD SCHOLARSHIPS FOR THE PURPOSE OF
 INCREASING THE NUMBER OF EDUCATORS AND ADJUNCT CLINICAL FACULTY TEACHING
 IN A FIELD OF NURSING EDUCATION IN NEW  YORK  STATE.  SUCH  SCHOLARSHIPS
 SHALL BE AWARDED ON A COMPETITIVE BASIS TO APPLICANTS WHO ARE REGISTERED
 PROFESSIONAL NURSES WITH PREVIOUS CLINICAL EXPERIENCE IN NURSING AND WHO
 DEMONSTRATE ACADEMIC MERIT FOR ADMISSION TO MASTERS OR DOCTORAL PROGRAMS
 IN  NURSING  WHICH WILL ENHANCE THE RECIPIENT'S PROFICIENCY AS A NURSING
 EDUCATOR. PREFERENCE SHALL BE GIVEN TO APPLICANTS WHO  ARE  EMPLOYED  AS
 REGISTERED  PROFESSIONAL  NURSES,  WILL  ATTEND SUCH MASTERS OR DOCTORAL
 PROGRAM FULL-TIME AND WHOSE COST TO ATTEND  SUCH  PROGRAM  IS  PARTIALLY
 UNDERWRITTEN A MINIMUM OF TWENTY-FIVE PERCENT BY AGREEMENT WITH A COMMU-
 NITY AGENCY, HEALTH CARE PROVIDER AND/OR APPROVED NURSING PROGRAM.
   B.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SUBDIVI-
 SION, APPLICANTS SHALL AGREE TO SERVE, UPON  COMPLETION  OF  THE  DEGREE
 PROGRAM, AS NURSING EDUCATORS OR AS ADJUNCT CLINICAL FACULTY IN APPROVED
 NURSING PROGRAMS WITHIN NEW YORK STATE THAT LEAD TO LICENSURE IN NURSING
 UNDER ARTICLE ONE HUNDRED THIRTY-NINE OF THIS CHAPTER.  APPLICANTS SHALL
 SERVE  THE  EQUIVALENT OF NINE MONTHS FULL-TIME SERVICE IN SUCH PROGRAMS
 FOR EACH ANNUAL AWARD RECEIVED BY THE RECIPIENT, BUT NO  LESS  THAN  TWO
 ACADEMIC  YEARS.  SUCH  SERVICE  SHALL  BE  COMPLETED AND APPORTIONED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09042-01-3
              

 A. 4289                             2
 
 ACCORDANCE WITH CRITERIA ESTABLISHED BY THE COMMISSIONER.  ANNUAL AWARDS
 SHALL NOT BE MADE TO APPLICANTS WHO ENROLL IN LESS THAN FIFTEEN HOURS OF
 ACADEMIC CREDIT APPLICABLE TO THE MASTERS OR DOCTORAL PROGRAM  IN  WHICH
 THEY ARE ENROLLED IN ANY CALENDAR YEAR.
   C.  AGREEMENTS.  THE PRESIDENT SHALL, IN CONSULTATION WITH THE COMMIS-
 SIONER, DEVELOP AND SECURE FROM  EACH  SUCCESSFUL  APPLICANT  A  WRITTEN
 AGREEMENT  TO  SERVE  AS  A  NURSING  EDUCATOR OR ADJUNCT CLINICAL NURSE
 FACULTY IN NEW YORK. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGU-
 LATION PROVIDE, A RECIPIENT OF AN  AWARD  SHALL  HAVE  SERVED  FOR  THAT
 NUMBER  OF MONTHS CALCULATED BY MULTIPLYING BY NINE THE NUMBER OF EQUAL-
 IZED ANNUAL PAYMENTS RECEIVED BY THE RECIPIENT. IN  NO  CASE  SHALL  THE
 TOTAL  NUMBER  OF MONTHS OF SERVICE REQUIRED BE LESS THAN EIGHTEEN. IF A
 RECIPIENT FAILS TO COMPLY FULLY  WITH  SUCH  CONDITIONS,  THE  PRESIDENT
 SHALL  BE ENTITLED TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE DETER-
 MINED BY THE FORMULA:
 
                               A = 2B (T-S)
                                      -----
                                        T
 
 IN WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER; "B"  IS
 THE  SUM  OF ALL PAYMENTS MADE TO THE RECIPIENT BY THE PRESIDENT AND THE
 INTEREST ON SUCH AMOUNT WHICH WOULD BE PAYABLE  IF  AT  THE  TIMES  SUCH
 AWARDS  WERE  PAID  THEY  WERE  LOANS  BEARING  INTEREST  AT THE MAXIMUM
 PREVAILING RATE; "T" IS THE TOTAL NUMBER OF MONTHS  IN  THE  RECIPIENT'S
 PERIOD OF OBLIGATED SERVICES; AND "S" IS THE NUMBER OF MONTHS OF SERVICE
 ACTUALLY  RENDERED  BY  THE RECIPIENT. ANY AMOUNT WHICH THE PRESIDENT IS
 ENTITLED TO RECOVER UNDER THIS PARAGRAPH SHALL BE PAID WITHIN THE  FIVE-
 YEAR  PERIOD  BEGINNING  ON THE DATE THAT THE RECIPIENT FAILED TO COMPLY
 WITH THIS SERVICE CONDITION. NOTHING  IN  THE  WRITTEN  AGREEMENT  SHALL
 AFFECT  THE  TERMS  OF EMPLOYMENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE,
 SEPARATE AND APART FROM THE PROGRAM, HIS OR HER SALARY AND  OTHER  FORMS
 OF  EMPLOYMENT  WITH AN AGENCY, INSTITUTION, OR A PROGRAM IN WHICH HE OR
 SHE SHALL BE EMPLOYED.
   ANY OBLIGATION TO COMPLY WITH SUCH  PROVISIONS  AS  OUTLINED  IN  THIS
 SECTION  SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT. THE COMMIS-
 SIONER SHALL MAKE REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF
 ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
   D. REPORTING. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW
 YORK STATE HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY
 THE PRESIDENT, AS TO THE PERFORMANCE OF THE REQUIRED SERVICES,  COMMENC-
 ING  WITH  THE  CALENDAR YEAR IN WHICH THE RECIPIENT BEGINS TO ENGAGE IN
 THE TEACHING OR TRAINING OF NURSING STUDENTS IN A DEGREE PROGRAM  AT  AN
 ACCREDITED NURSING SCHOOL IN THIS STATE AND CONTINUING UNTIL THE RECIPI-
 ENT  SHALL  HAVE COMPLETED, OR IT IS DETERMINED THAT HE OR SHE SHALL NOT
 BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF THE RECIPIENT  SHALL
 FAIL TO FILE ANY REPORT REQUIRED PURSUANT TO THIS PARAGRAPH WITHIN THIR-
 TY  DAYS OF WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS SHOWN
 ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED, WHICHEVER  IS
 LATER,  THE  PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP TO ONE
 THOUSAND DOLLARS. THE PRESIDENT SHALL HAVE THE DISCRETION TO  WAIVE  THE
 FILING  OF  A  REPORT,  EXCUSE  A DELAY IN FILING OR A FAILURE TO FILE A
 REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
   E. OTHER AWARDS. AWARD RECIPIENTS SHALL BE ELIGIBLE TO APPLY FOR ADDI-
 TIONAL AWARDS.
 A. 4289                             3
 
   § 2. The education law is amended by adding a  new  section  671-a  to
 read as follows:
   § 671-A. NEW YORK STATE NURSING FACULTY SCHOLARSHIP INCENTIVE PROGRAM.
 1.  NUMBER  AND  CERTIFICATION. THIRTY NURSING SCHOLARSHIPS FOR ADVANCED
 DEGREES IN NURSING SHALL BE AWARDED EACH ACADEMIC YEAR BEGINNING IN  THE
 TWO  THOUSAND  TWENTY-FIVE--TWO  THOUSAND TWENTY-SIX ACADEMIC YEAR. SUCH
 SCHOLARSHIPS SHALL BE ALLOCATED AS PROVIDED IN SUBDIVISION  THIRTEEN  OF
 SECTION SIX HUNDRED FIVE OF THIS TITLE TO ELIGIBLE STUDENTS AS CERTIFIED
 TO THE PRESIDENT BY THE COMMISSIONER, EXCEPT THAT, IN SO FAR AS IS PRAC-
 TICABLE,  ONE-HALF  OF  SUCH  SCHOLARSHIPS  SHALL  BE AWARDED TO MASTERS
 DEGREE CANDIDATES AND ONE-HALF TO DOCTORAL DEGREE CANDIDATES.
   2. DURATION. EACH SCHOLARSHIP SHALL ENTITLE THE RECIPIENT TO AN ANNUAL
 AWARD WHILE ENROLLED IN AN  APPROVED  COURSE  OF  STUDY  LEADING  TO  AN
 ADVANCED  DEGREE  IN NURSING OR NURSING EDUCATION, BUT NOT EXCEEDING THE
 PERIOD OF STUDY REQUIRED TO COMPLETE  THE  PROGRAM,  AS  SUCH  PROGRESS,
 APPROVED  COURSES  AND  EXPECTED  PERIODS  OF  STUDY  ARE DEFINED BY THE
 COMMISSIONER PURSUANT TO ARTICLE THIRTEEN OF THIS TITLE.
   3. AMOUNT.  THE  PRESIDENT  SHALL  MAKE  AWARDS  OF  FIFTEEN  THOUSAND
 DOLLARS, OR A PRORATED ANNUAL AMOUNT BASED ON THE NUMBER OF CREDIT HOURS
 IN  WHICH THE RECIPIENT IS ENROLLED, EXCEPT THAT SUCH ANNUAL AWARD SHALL
 NOT EXCEED THE RECIPIENT'S COST  OF  ATTENDANCE.  "COST  OF  ATTENDANCE"
 SHALL  MEAN  THE  COST  OF:  TUITION  AT AN APPROVED MASTERS OR DOCTORAL
 PROGRAM IN NURSING OR NURSING EDUCATION, WHICH THE  COMMISSIONER  DETER-
 MINES  WILL  ENHANCE  THE RECIPIENT'S PROFICIENCY AS A NURSING EDUCATOR;
 LABORATORY AND OTHER FEES; ROOM  AND  BOARD;  SUPPLIES;  TRANSPORTATION;
 HEALTH  INSURANCE  COVERAGE;  BOOKS;  CHILD  CARE; AND STIPEND FOR DAILY
 LIVING EXPENSES IN AN AMOUNT  TO  BE  DETERMINED  BY  THE  PRESIDENT  IN
 CONSULTATION WITH THE COMMISSIONER.
   § 3. This act shall take effect immediately.