Bill Text: NY S00447 | 2023-2024 | General Assembly | Amended


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: Bipartisan Bill

Status: (Passed) 2023-05-15 - SIGNED CHAP.134 [S00447 Detail]

Download: New_York-2023-S00447-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         447--C
            Cal. No. 238

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (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:

     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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02684-06-3

        S. 447--C                           2

     1    3. Registered programs may deliver one-third of such clinical training
     2  or  clinical  education through simulation experience as defined in this
     3  section and in accordance with the commissioner's regulations, provided,
     4  however, nothing in this section shall reduce the minimum  in-person  or
     5  direct  care  requirements  established  by programmatic accreditors and
     6  certifying bodies. To meet a particular educational need the commission-
     7  er may approve that more than one-third of  such  clinical  training  or
     8  clinical  education  may be met through simulation experience as defined
     9  in this section and in accordance with the commissioner's regulations.
    10    4. The commissioner shall prescribe in regulation an expedited process
    11  for programs seeking a curricular change to implement simulation experi-
    12  ences.  For programs that are not in substantial compliance with depart-
    13  ment program requirements, the department may request additional  infor-
    14  mation and materials, in accordance with the commissioner's regulations.
    15  The  department shall act upon a program's submission to implement simu-
    16  lation experiences within twenty business days of receipt of a  complete
    17  and properly submitted form.
    18    5. Simulation experience acceptable to the department for the purposes
    19  of clinical training or clinical education shall:
    20    (a)  be designed, guided and supervised by program faculty and program
    21  staff with appropriate and relevant training, certification or  accredi-
    22  tation,  who may be assisted or supported by experts in simulation, in a
    23  nursing skills or clinical simulation laboratory setting;
    24    (b)  include  continued  professional  development  opportunities  for
    25  program  faculty  and program staff in simulation methods and best prac-
    26  tices;
    27    (c) utilize theory-based, evidence-based, and standards-driven pedago-
    28  gy;
    29    (d) require active student engagement in guided skills  practice  with
    30  instructional feedback;
    31    (e)  include  formative  and summative assessments of well-articulated
    32  competencies appropriate to the role and responsibilities of  the  lear-
    33  ner;
    34    (f)  use  various  types of fidelity through equipment and practice to
    35  replicate substantial aspects of clinical nursing practice  and  utilize
    36  relevant equipment and technologies as appropriate to the desired learn-
    37  ing outcomes;
    38    (g) maintain continued compliance with the standards of program regis-
    39  tration; and
    40    (h)  respond to innovations or emerging educational needs, pursuant to
    41  regulation.
    42    § 2. This act shall take effect on the one hundred eightieth day after
    43  it shall have become a law.  Effective immediately, the addition, amend-
    44  ment, and/or repeal of any rule or regulation necessary for  the  imple-
    45  mentation  of  this  act on its effective date are authorized to be made
    46  and completed on or before such effective date.
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