S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    447
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed 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 THE DEPARTMENT FROM ALLOWING AN EDUCATION PROGRAM
 TO PROVIDE GREATER THAN ONE-THIRD OF SUCH  TRAINING  THROUGH  SIMULATION
 EXPERIENCE  UPON  APPLICATION  BY  THAT  INSTITUTION IN SUCH FORM AS THE
 DEPARTMENT SHALL REQUIRE. The department, in its discretion, may issue a
 conditional registration to a licensee who fails to complete the  bacca-
 laureate degree but who agrees to meet the additional requirement within
 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.
              

                                                            LBD02684-01-3
 S. 447                              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 THE DEPARTMENT FROM ALLOWING  AN  INSTITUTION  OF
 POST-SECONDARY  EDUCATION  TO  PROVIDE  GREATER  THAN  ONE-THIRD OF SUCH
 TRAINING THROUGH SIMULATION EXPERIENCE UPON APPLICATION BY THAT INSTITU-
 TION IN SUCH FORM AS THE DEPARTMENT SHALL REQUIRE;
   § 3. Subparagraph (i) of paragraph (c) of  subdivision  1  of  section
 6910  of the education law, as added by chapter 257 of the laws of 1988,
 is amended to read as follows:
   (i)  have  satisfactorily  completed   educational   preparation   for
 provision of these services in a program registered by the department or
 in a program determined by the department to be the equivalent, AND HAVE
 PARTICIPATED IN SUPERVISED CLINICAL TRAINING, CLINICAL EDUCATION, OR THE
 EQUIVALENT,  AS  DETERMINED  BY  THE  DEPARTMENT. THE COMMISSIONER SHALL
 PERMIT ONE-THIRD OF SUCH CLINICAL TRAINING TO BE OBTAINED THROUGH  SIMU-
 LATION  EXPERIENCE  ACCEPTABLE  TO  THE DEPARTMENT AND PURSUANT TO REGU-
 LATION. NOTHING IN THIS  SECTION  SHALL  PROHIBIT  THE  DEPARTMENT  FROM
 ALLOWING  AN  INSTITUTION OF POST-SECONDARY EDUCATION TO PROVIDE GREATER
 THAN ONE-THIRD OF  SUCH  TRAINING  THROUGH  SIMULATION  EXPERIENCE  UPON
 APPLICATION  BY  THAT  INSTITUTION  IN SUCH FORM AS THE DEPARTMENT SHALL
 REQUIRE. PROVIDED HOWEVER NOTHING  IN  THIS  SECTION  SHALL  REDUCE  THE
 IN-PERSON OR DIRECT CARE REQUIREMENTS ESTABLISHED BY PROGRAMMATIC ACCRE-
 DITORS AND CERTIFYING BODIES; or
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  447--B
     Cal. No. 238
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. STAVISKY, BORRELLO, GALLIVAN, HOYLMAN-SIGAL, THOMAS,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Higher Education -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading
 
 AN ACT to amend the education law,  in  relation  to  requiring  nursing
   certificate  and  degree education programs to include clinical educa-
   tion and allowing for a portion  of  such  clinical  education  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. The education law is amended by adding a new  section  6912
 to read as follows:
   §  6912.  CLINICAL  EDUCATION  IN  NEW  YORK  STATE  NURSING EDUCATION
 PROGRAMS.   1. FOR PURPOSES OF  THIS  SECTION,  "SIMULATION  EXPERIENCE"
 SHALL  MEAN A BROAD ARRAY OF STRUCTURED ACTIVITIES THAT REPRESENT ACTUAL
 OR POTENTIAL SITUATIONS IN EDUCATION, PRACTICE, AND RESEARCH AND  ADHERE
 TO  THE STANDARDS OF THIS SECTION. SUCH ACTIVITIES ALLOW PARTICIPANTS TO
 DEVELOP OR ENHANCE KNOWLEDGE, SKILLS, AND/OR ATTITUDES  AND  PROVIDE  AN
 OPPORTUNITY  TO  ANALYZE  AND RESPOND TO REALISTIC SITUATIONS IN A SIMU-
 LATED ENVIRONMENT.
   2. NEW YORK STATE CERTIFICATE AND DEGREE PROGRAMS  REGISTERED  BY  THE
 DEPARTMENT  FOR  THE  PURPOSES OF MEETING THE EDUCATION REQUIREMENTS SET
 FORTH IN THIS ARTICLE SHALL INCLUDE CLINICAL EDUCATION,  OR  THE  EQUIV-
 ALENT  AS  DEFINED  AND DETERMINED BY THE COMMISSIONER PURSUANT TO REGU-
 LATION.
   3. REGISTERED PROGRAMS MAY DELIVER ONE-THIRD OF SUCH CLINICAL TRAINING
 OR CLINICAL EDUCATION THROUGH SIMULATION EXPERIENCE AS DEFINED  IN  THIS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02684-04-3
 S. 447--B                           2
 
 SECTION  AND  IN  REGULATION.  TO MEET A PARTICULAR EDUCATIONAL NEED THE
 COMMISSIONER MAY APPROVE THAT  MORE  THAN  ONE-THIRD  OF  SUCH  CLINICAL
 TRAINING  OR CLINICAL EDUCATION MAY BE MET THROUGH SIMULATION EXPERIENCE
 AS DEFINED IN THIS SECTION AND IN REGULATION.
   4. A REGISTERED PROGRAM SHALL CERTIFY TO THE DEPARTMENT THAT THE SIMU-
 LATION  EXPERIENCE  THEY  ARE  PROVIDING  MEETS THE REQUIREMENTS OF THIS
 SECTION WITHIN THIRTY DAYS OF IMPLEMENTING SIMULATION EXPERIENCE.
   5. SIMULATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT FOR THE PURPOSES
 OF CLINICAL TRAINING OR CLINICAL EDUCATION SHALL:
   (A) BE DESIGNED AND GUIDED BY, AND/OR IN  COLLABORATION  WITH  CONTENT
 EXPERTS  IN  SIMULATION  WHICH  MAY  INCLUDE PROGRAM FACULTY, OR PROGRAM
 STAFF WITH APPROPRIATE AND RELEVANT CERTIFICATION OR ACCREDITATION;
   (B)  INCLUDE  CONTINUED  PROFESSIONAL  DEVELOPMENT  OPPORTUNITIES  FOR
 PROGRAM  FACULTY  AND PROGRAM STAFF IN SIMULATION METHODS AND BEST PRAC-
 TICES;
   (C) UTILIZE THEORY-BASED, EVIDENCE-BASED, AND STANDARDS-DRIVEN PEDAGO-
 GY;
   (D) REQUIRE ACTIVE STUDENT ENGAGEMENT IN GUIDED SKILLS  PRACTICE  WITH
 INSTRUCTIONAL FEEDBACK;
   (E)  INCLUDE  FORMATIVE  AND SUMMATIVE ASSESSMENTS OF WELL-ARTICULATED
 COMPETENCIES APPROPRIATE TO THE ROLE AND RESPONSIBILITIES OF  THE  LEAR-
 NER; AND
   (F)  USE  VARIOUS  TYPES OF FIDELITY THROUGH EQUIPMENT AND PRACTICE TO
 CREATE THE REQUIRED PERCEPTION OF REALISM AND HAVE A  PLAN  FOR  ROUTINE
 MAINTENANCE AND UPKEEP.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment,  and/or  repeal of any rule or regulation necessary for the imple-
 mentation of this act on its effective date are authorized  to  be  made
 and completed on or before such effective date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  447--C
     Cal. No. 238
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. STAVISKY, BORRELLO, GALLIVAN, HOYLMAN-SIGAL, THOMAS,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Higher Education -- committee discharged, bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- reported favorably from said committee, ordered  to  first  and
   second  report,  ordered  to  a  third  reading,  amended  and ordered
   reprinted, retaining its place in the order of third reading --  again
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the education law,  in  relation  to  requiring  nursing
   certificate  and  degree education programs to include clinical educa-
   tion and allowing for a portion  of  such  clinical  education  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. The education law is amended by adding a new  section  6912
 to read as follows:
   §  6912.  CLINICAL  EDUCATION  IN  NEW  YORK  STATE  NURSING EDUCATION
 PROGRAMS.   1. FOR PURPOSES OF  THIS  SECTION,  "SIMULATION  EXPERIENCE"
 SHALL  MEAN PLANNED LEARNING EXPERIENCES THAT REPRESENT ACTUAL OR POTEN-
 TIAL SITUATIONS IN CLINICAL NURSING PRACTICE AND ADHERE TO THE STANDARDS
 OF THIS SECTION. SUCH LEARNING EXPERIENCES ALLOW PARTICIPANTS TO DEVELOP
 OR ENHANCE CLINICAL NURSING COMPETENCIES AND PROVIDE AN  OPPORTUNITY  TO
 ANALYZE AND RESPOND TO REALISTIC SITUATIONS IN A SIMULATED ENVIRONMENT.
   2.  NEW  YORK  STATE CERTIFICATE AND DEGREE PROGRAMS REGISTERED BY THE
 DEPARTMENT FOR THE PURPOSES OF MEETING THE  EDUCATION  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE SHALL INCLUDE CLINICAL EDUCATION, OR THE EQUIV-
 ALENT AS DEFINED AND DETERMINED BY THE COMMISSIONER  PURSUANT  TO  REGU-
 LATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02684-06-3
 S. 447--C                           2
 
   3. REGISTERED PROGRAMS MAY DELIVER ONE-THIRD OF SUCH CLINICAL TRAINING
 OR  CLINICAL  EDUCATION THROUGH SIMULATION EXPERIENCE AS DEFINED IN THIS
 SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS, PROVIDED,
 HOWEVER, NOTHING IN THIS SECTION SHALL REDUCE THE MINIMUM  IN-PERSON  OR
 DIRECT  CARE  REQUIREMENTS  ESTABLISHED  BY PROGRAMMATIC ACCREDITORS AND
 CERTIFYING BODIES. TO MEET A PARTICULAR EDUCATIONAL NEED THE COMMISSION-
 ER MAY APPROVE THAT MORE THAN ONE-THIRD OF  SUCH  CLINICAL  TRAINING  OR
 CLINICAL  EDUCATION  MAY BE MET THROUGH SIMULATION EXPERIENCE AS DEFINED
 IN THIS SECTION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   4. THE COMMISSIONER SHALL PRESCRIBE IN REGULATION AN EXPEDITED PROCESS
 FOR PROGRAMS SEEKING A CURRICULAR CHANGE TO IMPLEMENT SIMULATION EXPERI-
 ENCES.  FOR PROGRAMS THAT ARE NOT IN SUBSTANTIAL COMPLIANCE WITH DEPART-
 MENT PROGRAM REQUIREMENTS, THE DEPARTMENT MAY REQUEST ADDITIONAL  INFOR-
 MATION AND MATERIALS, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
 THE  DEPARTMENT SHALL ACT UPON A PROGRAM'S SUBMISSION TO IMPLEMENT SIMU-
 LATION EXPERIENCES WITHIN TWENTY BUSINESS DAYS OF RECEIPT OF A  COMPLETE
 AND PROPERLY SUBMITTED FORM.
   5. SIMULATION EXPERIENCE ACCEPTABLE TO THE DEPARTMENT FOR THE PURPOSES
 OF CLINICAL TRAINING OR CLINICAL EDUCATION SHALL:
   (A)  BE DESIGNED, GUIDED AND SUPERVISED BY PROGRAM FACULTY AND PROGRAM
 STAFF WITH APPROPRIATE AND RELEVANT TRAINING, CERTIFICATION OR  ACCREDI-
 TATION,  WHO MAY BE ASSISTED OR SUPPORTED BY EXPERTS IN SIMULATION, IN A
 NURSING SKILLS OR CLINICAL SIMULATION LABORATORY SETTING;
   (B)  INCLUDE  CONTINUED  PROFESSIONAL  DEVELOPMENT  OPPORTUNITIES  FOR
 PROGRAM  FACULTY  AND PROGRAM STAFF IN SIMULATION METHODS AND BEST PRAC-
 TICES;
   (C) UTILIZE THEORY-BASED, EVIDENCE-BASED, AND STANDARDS-DRIVEN PEDAGO-
 GY;
   (D) REQUIRE ACTIVE STUDENT ENGAGEMENT IN GUIDED SKILLS  PRACTICE  WITH
 INSTRUCTIONAL FEEDBACK;
   (E)  INCLUDE  FORMATIVE  AND SUMMATIVE ASSESSMENTS OF WELL-ARTICULATED
 COMPETENCIES APPROPRIATE TO THE ROLE AND RESPONSIBILITIES OF  THE  LEAR-
 NER;
   (F)  USE  VARIOUS  TYPES OF FIDELITY THROUGH EQUIPMENT AND PRACTICE TO
 REPLICATE SUBSTANTIAL ASPECTS OF CLINICAL NURSING PRACTICE  AND  UTILIZE
 RELEVANT EQUIPMENT AND TECHNOLOGIES AS APPROPRIATE TO THE DESIRED LEARN-
 ING OUTCOMES;
   (G) MAINTAIN CONTINUED COMPLIANCE WITH THE STANDARDS OF PROGRAM REGIS-
 TRATION; AND
   (H)  RESPOND TO INNOVATIONS OR EMERGING EDUCATIONAL NEEDS, PURSUANT TO
 REGULATION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment, and/or repeal of any rule or regulation necessary for  the  imple-
 mentation  of  this  act on its effective date are authorized to be made
 and completed on or before such effective date.