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

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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 - Dead) 2023-03-27 - substituted by s447c [A03076 Detail]

Download: New_York-2023-A03076-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3076--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  LUPARDO,  SANTABARBARA,  LUNSFORD,  WALLACE,
          FORREST, McMAHON, JONES, CLARK, CONRAD, FAHY, GUNTHER, DICKENS,  McDO-
          NALD,   SHIMSKY,   L. ROSENTHAL,  RAGA,  PAULIN,  ALVAREZ,  LEVENBERG,
          J. M. GIGLIO, MILLER -- read once and referred  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,  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:

     1    Section 1. The education law is amended by adding a new  section  6912
     2  to read as follows:
     3    §  6912.  Clinical  education  in  New  York  state  nursing education
     4  programs.   1. For purposes of  this  section,  "simulation  experience"
     5  shall  mean planned learning experiences that represent actual or poten-
     6  tial situations in clinical nursing practice and adhere to the standards
     7  of this section. Such learning experiences allow participants to develop
     8  or enhance clinical nursing competencies and provide an  opportunity  to
     9  analyze and respond to realistic situations in a simulated environment.
    10    2.  New  York  state certificate and degree programs registered by the
    11  department for the purposes of meeting the  education  requirements  set
    12  forth  in  this  article shall include clinical education, or the equiv-
    13  alent as defined and determined by the commissioner  pursuant  to  regu-
    14  lation.
    15    3. Registered programs may deliver one-third of such clinical training
    16  or  clinical  education through simulation experience as defined in this
    17  section and in accordance with the commissioner's regulations, provided,
    18  however, nothing in this section shall reduce the minimum  in-person  or
    19  direct  care  requirements  established  by programmatic accreditors and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02684-07-3
        A. 3076--A                          2

     1  certifying bodies. To meet a particular educational need the commission-
     2  er may approve that more than one-third of  such  clinical  training  or
     3  clinical  education  may be met through simulation experience as defined
     4  in this section and in accordance with the commissioner's regulations.
     5    4. The commissioner shall prescribe in regulation an expedited process
     6  for programs seeking a curricular change to implement simulation experi-
     7  ences.  For programs that are not in substantial compliance with depart-
     8  ment  program requirements, the department may request additional infor-
     9  mation and materials, in accordance with the commissioner's regulations.
    10  The department shall act upon a program's submission to implement  simu-
    11  lation  experiences within twenty business days of receipt of a complete
    12  and properly submitted form.
    13    5. Simulation experience acceptable to the department for the purposes
    14  of clinical training or clinical education shall:
    15    (a) be designed, guided and supervised by program faculty and  program
    16  staff  with appropriate and relevant training, certification or accredi-
    17  tation, who may be assisted or supported by experts in simulation, in  a
    18  nursing skills or clinical simulation laboratory setting;
    19    (b)  include  continued  professional  development  opportunities  for
    20  program faculty and program staff in simulation methods and  best  prac-
    21  tices;
    22    (c) utilize theory-based, evidence-based, and standards-driven pedago-
    23  gy;
    24    (d)  require  active student engagement in guided skills practice with
    25  instructional feedback;
    26    (e) include formative and summative  assessments  of  well-articulated
    27  competencies  appropriate  to the role and responsibilities of the lear-
    28  ner;
    29    (f) use various types of fidelity through equipment  and  practice  to
    30  replicate  substantial  aspects of clinical nursing practice and utilize
    31  relevant equipment and technologies as appropriate to the desired learn-
    32  ing outcomes;
    33    (g) maintain continued compliance with the standards of program regis-
    34  tration; and
    35    (h) respond to innovations or emerging educational needs, pursuant  to
    36  regulation.
    37    § 2. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law.  Effective immediately, the addition, amend-
    39  ment,  and/or  repeal of any rule or regulation necessary for the imple-
    40  mentation of this act on its effective date are authorized  to  be  made
    41  and completed on or before such effective date.