Bill Text: NY A03076 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires nursing certificate and degree education programs to include clinical education; allows for one-third of such clinical education to be completed through simulation experience.

Spectrum: Strong Partisan Bill (Democrat 25-2)

Status: (Introduced) 2023-03-27 - substituted by s447c [A03076 Detail]

Download: New_York-2023-A03076-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3076

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Subdivision 2 of section 6905  of  the  education  law,  as
     2  amended  by  chapter  380  of  the  laws  of 2018, is amended to read as
     3  follows:
     4    (2) Education: have received an education, and a diploma or degree  in
     5  professional nursing, in accordance with the commissioner's regulations,
     6  and  in  order  to  continue  to  maintain  registration as a registered
     7  professional nurse in New York  state,  have  attained  a  baccalaureate
     8  degree  or  higher  in  nursing within ten years of initial licensure in
     9  accordance with the commissioner's regulations, and have participated in
    10  supervised clinical training, clinical education, or the equivalent,  as
    11  determined by the department. The commissioner shall permit one-third of
    12  such  clinical  training  to  be  obtained through simulation experience
    13  acceptable to the department and pursuant to regulation. Nothing in this
    14  section shall prohibit an education program from providing greater  than
    15  one-third  of  such training through simulation experience, provided the
    16  department has granted approval to do so prior  to  January  first,  two
    17  thousand  twenty-three.   The department, in its discretion, may issue a
    18  conditional registration to a licensee who fails to complete the  bacca-
    19  laureate degree but who agrees to meet the additional requirement within
    20  one  year. The fee for such a conditional registration shall be the same
    21  as, and in addition to, the fee  for  the  triennial  registration.  The
    22  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

     1  be extended, with the payment of a fee, for no more than one  additional
     2  year,  unless  the  applicant  can  show  good  cause for non-compliance
     3  acceptable to the department. The department,  in  its  discretion,  may
     4  issue  a  temporary educational exemption to a licensee who is unable to
     5  complete the baccalaureate degree due to a lack of access to educational
     6  programs. Licensees seeking  a  temporary  educational  exemption  shall
     7  provide  evidence  of  applying on at least two occasions to a baccalau-
     8  reate degree program or programs and subsequently being denied access to
     9  such program or programs on at least two occasions due to there being  a
    10  limited  number of seats. Such denials shall also be corroborated by the
    11  higher education institution or institutions that the  licensee  applied
    12  to. Temporary educational exemptions issued pursuant to this subdivision
    13  shall  be for a single two year period. Licensees shall only be eligible
    14  for  either  a  conditional  registration  or  a  temporary  educational
    15  exemption.  The  fee for such a temporary educational exemption shall be
    16  the same as, and in addition to, the fee for the triennial registration.
    17  Any licensee who is notified of the denial of a registration for failure
    18  to complete the additional educational requirements and who practices as
    19  a registered professional nurse without such registration may be subject
    20  to disciplinary proceedings pursuant to section sixty-five  hundred  ten
    21  of this title;
    22    § 2. Subdivision 2 of section 6906 of the education law, as amended by
    23  chapter 330 of the laws of 1981, is amended to read as follows:
    24    (2) Education: have received an education including completion of high
    25  school  or  its  equivalent,  and  have completed a program in practical
    26  nursing,  in  accordance  with  the   commissioner's   regulations,   or
    27  completion  of  equivalent  study  satisfactory  to  the department in a
    28  program conducted by the armed forces of the  United  States  or  in  an
    29  approved  program  in  professional  nursing,  and  have participated in
    30  supervised clinical training, clinical education, or the equivalent,  as
    31  determined by the department. The commissioner shall permit one-third of
    32  such  clinical  training  to  be  obtained through simulation experience
    33  acceptable to the department and pursuant to regulation. Nothing in this
    34  section shall prohibit an education program from providing greater  than
    35  one-third  of  such training through simulation experience, provided the
    36  department has granted approval to do so prior  to  January  first,  two
    37  thousand twenty-three;
    38    §  3.  Subparagraph  (i)  of paragraph (c) of subdivision 1 of section
    39  6910 of the education law, as added by chapter 257 of the laws of  1988,
    40  is amended to read as follows:
    41    (i)   have   satisfactorily   completed  educational  preparation  for
    42  provision of these services in a program registered by the department or
    43  in a program determined by the department to be the equivalent, and have
    44  participated in supervised clinical training, clinical education, or the
    45  equivalent, as determined by  the  department.  The  commissioner  shall
    46  permit  one-third of such clinical training to be obtained through simu-
    47  lation experience acceptable to the department  and  pursuant  to  regu-
    48  lation. Nothing in this section shall prohibit an education program from
    49  providing  greater  than  one-third  of such training through simulation
    50  experience, provided the department has granted approval to do so  prior
    51  to  January  first, two thousand twenty-three.  Provided however nothing
    52  in this section shall reduce the in-person or direct  care  requirements
    53  established by programmatic accreditors and certifying bodies; or
    54    § 4. This act shall take effect on the one hundred eightieth day after
    55  it shall have become a law.