Bill Text: NY A02863 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the nursing education expansion program, including faculty development program, capital facility program and the recruitment and promotion program; creates regents nursing shortage scholarships; provides for county matching awards for professional education in nursing; establishes the "nursing faculty development program fund", the "nursing capital facilities program fund", the "recruitment and promotion program fund", and the "county match awards for professional education in nursing fund"; appropriates $25,620,000 therefor.
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2020-07-14 - held for consideration in higher education [A02863 Detail]
Download: New_York-2019-A02863-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2863 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. CROUCH, BARCLAY, FINCH, GIGLIO, McDONOUGH, RAIA, THIELE -- read once and referred to the Committee on Higher Education AN ACT to amend the executive law and the education law, in relation to establishing the nursing education expansion program; to amend the state finance law, in relation to establishing the "nursing faculty development program fund", the "nursing capital facilities program fund", the "recruitment and promotion program fund", and the "county match awards for professional education in nursing fund"; making an appropriation therefor; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. New York is currently facing a nursing 2 shortage. This act addresses the shortcomings that have resulted in the 3 nursing shortage. This act will provide scholarships for those students 4 who wish to pursue a career in nursing as well as provide assistance to 5 current nursing programs to expand their capacity in order to educate 6 more nursing students. This act will also provide funding to attract 7 potential students to study the field of nursing, beginning with high 8 school aged students. 9 § 2. The executive law is amended by adding a new section 209-u to 10 read as follows: 11 § 209-u. Nursing education expansion program. 1. There is hereby 12 established the nursing education expansion program. The program shall 13 include but need not be limited to the faculty development program, the 14 capital facility program and the recruitment and promotion program. 15 2. The commissioner of education shall provide no later than one 16 hundred eighty days after the effective date of this section, a strate- 17 gic plan to the governor, the temporary president of the senate, the 18 minority leader of the senate, the speaker of the assembly, and the 19 minority leader of the assembly which shall: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02789-01-9A. 2863 2 1 (a) establish criteria for the awarding of funds made available 2 through the nursing expansion program; all awards shall be made on a 3 competitive basis; 4 (b) provide a schedule for issuance of requests for proposals for the 5 nursing expansion program awards; 6 (c) provide a schedule for completion of review of proposals submitted 7 by institutions of higher education to the office; 8 (d) provide procedures for the issuance of awards from the nursing 9 education expansion program. 10 3. The faculty development program is hereby created to assist insti- 11 tutions of higher education with the retention and recruitment of nurs- 12 ing faculty. Funds appropriated for this program shall be administered 13 by the commissioner of education pursuant to request for proposals. 14 Consideration for the allocation of awards shall be given to all insti- 15 tutions of higher education within the state provided such institutions 16 demonstrate to the satisfaction of the commissioner a specific need for 17 such funds and the manner in which such award for the recruitment and 18 retention of nursing faculty would enhance the nursing education and 19 training capabilities and reputation of the institution. 20 The nursing education expansion program shall issue awards of up to 21 twenty thousand dollars per faculty member annually. Institutions may 22 apply for no more than three awards per institution per award length. 23 The commissioner of education shall promulgate rules and regulations to 24 establish: 25 (a) matching funds required from the academic institutions; 26 (b) a schedule for an annual reduction of the faculty development 27 award, and a corresponding increase in the matching funds from the 28 academic institution; and 29 (c) other rules and regulations deemed necessary by the commissioner 30 of education for the administration of this program. 31 4. (a) The capital facility program shall provide financing for the 32 design, acquisition, construction, reconstruction, rehabilitation or 33 improvement of nursing facilities, including equipment. 34 (b) Only an institution with a program that prepares a student to 35 receive a license to practice nursing as defined in section sixty-nine 36 hundred five and section sixty-nine hundred six of the education law, 37 and a program that prepares a student to receive a certificate for nurse 38 practitioner practice as defined in section sixty-nine hundred ten of 39 the education law shall be eligible to act as a primary host institution 40 for a capital facilities award as described in this subdivision. 41 (c) The capital facility program shall also provide financing for the 42 reconstruction, rehabilitation or improvement of existing laboratory 43 facilities. Funds available pursuant to this subdivision shall be avail- 44 able for nursing facilities at all institutions of higher education in 45 New York state. 46 (d) The capital facility program shall also provide financing for 47 equipment, such as but not limited to software and simulation equipment. 48 (e) The state education department, the city university construction 49 fund and the SUNY construction fund, may contract with the dormitory 50 authority of the state of New York to provide financing for the design, 51 construction, acquisition, reconstruction, rehabilitation and general 52 improvement of nursing facilities for those institutions receiving 53 awards. 54 5. The recruitment and promotion program is hereby created to provide 55 resources for, but not limited to, promotional material, advertising and 56 internships to attract students to the field of nursing. No less thanA. 2863 3 1 fifty percent of these funds must go to recruitment and promotion 2 efforts aimed at high school students. 3 § 3. Section 605 of the education law is amended by adding a new 4 subdivision 2-a to read as follows: 5 2-a. Regents nursing shortage scholarships. At least thirty percent of 6 the regents professional education in nursing scholarships awarded each 7 year shall be awarded to students beginning or engaged in the profes- 8 sional study in nursing who agree to practice nursing upon completion of 9 their professional training in an area in New York state designated as 10 having a shortage of nurses, provided, however, that to the extent that 11 regents nursing shortage scholarships are not awarded, such scholarships 12 shall be awarded as regents professional education in nursing scholar- 13 ships. The provisions of this subdivision shall only apply to any recip- 14 ient who receives his or her first award payment prior to the two thou- 15 sand nineteen--two thousand twenty academic year. 16 a. In selecting and certifying scholarship recipients under this 17 section, priority shall be accorded to applicants in the following 18 order: 19 (i) first, to any applicant who: 20 (1) has a family income of six thousand dollars or less; and 21 (2) resides in an area designated as having a shortage of nurses 22 pursuant to paragraph c of this subdivision; 23 (ii) second, to any applicant who has a family income of six thousand 24 dollars or less; 25 (iii) third, to any applicant who: 26 (1) has a family income of ten thousand dollars or less; and 27 (2) resides in an area designated as having a shortage of nurses 28 pursuant to paragraph c of this subdivision; 29 (iv) fourth, to any applicant who has a family income of ten thousand 30 dollars or less; 31 (v) fifth, to any other applicant. 32 b. With respect to recipients who have received award payments prior 33 to the two thousand nineteen--two thousand twenty academic year, with 34 such time as the commissioner shall by regulation provide, a recipient 35 of an award shall have practiced nursing in an area designated as having 36 a shortage of nurses pursuant to paragraph d of this subdivision for 37 that number of months calculated by multiplying by nine the number of 38 annual awards he or she received. If a recipient fails to comply fully 39 with such condition, the president shall be entitled to recover from 40 such recipient an amount which bears the same ratio to (i) the aggregate 41 of the amount of the awards received as (ii) the number of months the 42 recipient failed to comply with this condition bears to the number of 43 months he or she was obligated to comply with this condition, together 44 with interest at seven percent per annum computed from the date on which 45 he or she completed his or her professional training and/or active mili- 46 tary service. A recipient shall not be required to comply with the 47 provisions of this paragraph unless he or she shall have received a 48 nursing degree and any obligation to comply with such provisions shall 49 be cancelled upon his or her death. The regents shall make regulations 50 to provide for the waiver or suspension of any financial obligation 51 where compliance would involve extreme hardship. 52 c. The requirements of this paragraph shall apply to any recipient who 53 receives his or her first award payment commencing with the two thousand 54 nineteen--two thousand twenty academic year or subsequently, and the 55 requirements of paragraph b of this subdivision shall not apply to such 56 recipients. Within such time as the commissioner shall by regulationA. 2863 4 1 provide, a recipient of an award shall have practiced nursing in an area 2 designated as having a shortage of nurses pursuant to paragraph d of 3 this subdivision for that number of months calculated by multiplying by 4 nine the number of annual awards received by the recipient. If a recipi- 5 ent fails to comply fully with such condition, the president shall be 6 entitled to recover from such recipient an amount determined by the 7 formula: 8 A = 2B (t-s) 9 --- 10 t 11 in which "A" is the amount the president is entitled to recover; "B" is 12 the sum of all awards paid to the recipient and the interest on such 13 amount which would be payable if at the times such awards were paid they 14 were loans bearing interest at the maximum prevailing rate; "t" is the 15 total number of months in the recipient's period of obligated services; 16 and "s" is the number of months of service actually rendered by the 17 recipient. Any amount which the president is entitled to recover under 18 this paragraph shall be paid within the one year period beginning on the 19 date that the recipient failed to comply with this condition. A recipi- 20 ent shall not be required to comply with the provisions of this para- 21 graph unless he or she shall have received a nursing degree and until he 22 or she shall have completed his or her professional training, or active 23 military service, or both. Any obligation to comply with such provisions 24 shall be cancelled upon the death of the recipient. The commissioner 25 shall make regulations to provide for the waiver or suspension of any 26 financial obligation where compliance would involve extreme hardship. 27 d. The regents, after consultation with the commissioner of health, 28 shall designate those areas of New York state which have a shortage of 29 nurses for the purposes of this subdivision and, should it be necessary 30 in selecting among the applicants, may establish relative rankings of 31 those areas. 32 e. A recipient of an award shall report annually to the New York state 33 higher education services corporation, on forms prescribed by it, as to 34 the performance of the required services or the recipient's current 35 status, commencing the calendar year following graduation from nursing 36 school and continuing until the recipient shall have completed, or it is 37 determined he or she shall not be obligated to complete, the required 38 services. The corporation may also require the recipient to file a 39 report on his or her current status prior to graduation during any 40 calendar year in which an application for an additional award is not 41 filed. If the recipient shall fail to file any report required in this 42 subdivision within thirty days of written notice to the recipient, 43 mailed to the address shown on the last application for an award or last 44 report filed, whichever is later, the president may impose a fine of up 45 to one thousand dollars. The president shall have the discretion to 46 waive the filing of a report, excuse a delay in filing, or a failure to 47 file a report, or waive or reduce any fine imposed for good cause shown. 48 § 4. The education law is amended by adding a new section 606-a to 49 read as follows: 50 § 606-a. County matching awards for professional education in nursing. 51 Each county of the state is hereby authorized to establish awards in 52 such manner as the local legislative body of such county may determine, 53 for attendance by legal residents of this state, who meet the citizen- 54 ship requirements established by article fourteen of this chapter for 55 the professional study of nursing at approved nursing schools within New 56 York state, conditioned upon the promise of the scholarship holder toA. 2863 5 1 practice nursing in such county for such period as such body may fix, 2 following his or her licensing as a nurse. Each such award shall entitle 3 the recipient to such sum of money as may be fixed by such body while in 4 attendance at approved nursing schools in New York state during a period 5 of not to exceed four years of professional study. For each dollar 6 provided by the county for such award, equal state dollars shall be 7 provided, up to but not exceeding two thousand five hundred dollars. 8 Such awards may, as an alternative to awards herein before authorized, 9 be granted by any such county to those already so licensed to practice 10 nursing upon the promise of such grantees to practice within the county 11 for a period of time and upon such terms and conditions as the county 12 may fix, provided such recipient did not receive a similar award while a 13 student. The county shall appropriate annually such sums of money as may 14 be necessary to defray the costs of such awards and moneys so appropri- 15 ated shall be deemed appropriated for a lawful county purpose and shall 16 be raised by the same method as moneys required for other lawful county 17 purposes. The county may apply for no more than four awards per award 18 length. 19 § 5. The state finance law is amended by adding four new sections 20 99-ff, 99-gg, 99-hh and 99-ii to read as follows: 21 § 99-ff. Nursing faculty development program fund. 1. There is hereby 22 established in the joint custody of the state comptroller and commis- 23 sioner of education a special fund to be known as the "nursing faculty 24 development program fund". 25 2. Such fund shall consist of all monies appropriated for the purpose 26 of such fund. 27 3. Monies of the fund shall be available to the nursing faculty devel- 28 opment program fund for the purposes of assisting institutions of higher 29 education with the retention and recruitment of nursing faculty pursu- 30 ant to subdivision three of section two hundred nine-u of the executive 31 law. 32 4. The monies of the fund shall be paid out on the audit and warrant 33 of the comptroller on vouchers certified or approved by the commissioner 34 of education, or by an officer or employee of the department of educa- 35 tion designated by such commissioner. 36 § 99-gg. Nursing capital facilities program fund. 1. There is hereby 37 established in the joint custody of the state comptroller and commis- 38 sioner of education a special fund to be known as the "nursing capital 39 facilities program fund". 40 2. Such fund shall consist of all monies appropriated for the purpose 41 of such fund. 42 3. Monies of the fund shall be available to the nursing capital facil- 43 ities program fund for the purposes of providing financing for the 44 design, acquisition, construction, reconstruction, rehabilitation or 45 improvement of nursing facilities pursuant to subdivision four of 46 section two hundred nine-u of the executive law. 47 4. The monies of the fund shall be paid out on the audit and warrant 48 of the comptroller on vouchers certified or approved by the commissioner 49 of education, or by an officer or employee of the department of educa- 50 tion designated by such commissioner. 51 § 99-hh. Recruitment and promotion program fund. 1. There is hereby 52 established in the joint custody of the state comptroller and commis- 53 sioner of education a special fund to be known as the "recruitment and 54 promotion program fund". 55 2. Such fund shall consist of all monies appropriated for the purpose 56 of such fund.A. 2863 6 1 3. Monies of the fund shall be available to the recruitment and 2 promotion program fund for the purposes of providing resources for 3 attracting students to the field of nursing pursuant to subdivision five 4 of section two hundred nine-u of the executive law. 5 4. The monies of the fund shall be paid out on the audit and warrant 6 of the comptroller on vouchers certified or approved by the commissioner 7 of education, or by an officer or employee of the department of educa- 8 tion designated by such commissioner. 9 § 99-ii. County match awards for professional education in nursing 10 fund. 1. There is hereby established in the joint custody of the state 11 comptroller and commissioner of education a special fund to be known as 12 the "county match awards for professional education in nursing fund". 13 2. Such fund shall consist of all monies appropriated for the purpose 14 of such fund. 15 3. Monies of the fund shall be available to the county match awards 16 for professional education in nursing fund for the purposes of providing 17 awards to persons attending approved nursing schools in New York state 18 pursuant to section six hundred six-a of the education law. 19 4. The monies of the fund shall be paid out on the audit and warrant 20 of the comptroller on vouchers certified or approved by the commissioner 21 of education, or by an officer or employee of the department of educa- 22 tion designated by such commissioner. 23 § 6. The sum of twenty-five million six hundred twenty thousand 24 dollars ($25,620,000), or so much thereof as may be necessary, is hereby 25 appropriated to the department of education out of any moneys in the 26 state treasury in the general fund to the credit of the nursing educa- 27 tion expansion program fund not otherwise appropriated, and made imme- 28 diately available, for the purpose of carrying out the provisions of 29 this act. Such moneys shall be payable on the audit and warrant of the 30 comptroller on vouchers certified or approved by the commissioner of 31 education in the manner prescribed by law. Such sum shall be distributed 32 as follows: 33 1. Three million dollars ($3,000,000) for the nursing faculty develop- 34 ment program, or so much thereof as may be necessary, is hereby appro- 35 priated to the department of education from any moneys in the state 36 treasury in the general fund to the credit of the nursing education 37 expansion program fund not otherwise appropriated for services and 38 expenses of the department of education for the purposes of carrying out 39 the provisions of this act. Fifty-five nursing programs will receive 40 twenty thousand dollars ($20,000) per year, for each year of a three 41 year award length. 42 2. Twenty million dollars ($20,000,000) for the nursing capital facil- 43 ities program, or so much thereof as may be necessary, is hereby appro- 44 priated to the department of education from any moneys in the state 45 treasury in the general fund to the credit of the nursing education 46 expansion program fund not otherwise appropriated for services and 47 expenses of the department of education for the purposes of carrying out 48 the provisions of this act. 49 3. Two million dollars ($2,000,000) for the nursing recruitment and 50 promotion program, or so much thereof as may be necessary, is hereby 51 appropriated to the department of education from any moneys in the state 52 treasury in the general fund to the credit of the nursing education 53 expansion program fund not otherwise appropriated for services and 54 expenses of the department of education for the purposes of carrying out 55 the provisions of this act. One million dollars will be designated 56 towards promotion of nursing for high school students.A. 2863 7 1 4. Six hundred twenty thousand dollars ($620,000) for the county match 2 awards for professional education in nursing, or so much thereof as may 3 be necessary, is hereby appropriated to the department of education from 4 any moneys in the state treasury in the general fund to the credit of 5 the nursing education expansion program fund not otherwise appropriated 6 for services and expenses of the department of education for the 7 purposes of carrying out the provisions of this act. Four students per 8 county will receive two thousand dollars per year for four years. 9 5. No expenditure shall be made from this appropriation until a 10 certificate of approval of availability shall have been issued by the 11 director of the budget and filed with the state comptroller and a copy 12 filed with the chair of the senate finance committee and the chair of 13 the assembly ways and means committee. 14 6. Such certificate may be amended from time to time by the director 15 of the budget and a copy of each such amendment shall be filed with the 16 state comptroller, the chair of the senate finance committee and the 17 chair of the assembly ways and means committee. 18 § 7. Notwithstanding the provisions of section 40 of the state finance 19 law, the monies appropriated by this act shall first be made available 20 on the first day of April next succeeding the date on which this act 21 shall have become a law. Notwithstanding the provisions of section 40 of 22 the state finance law, the monies appropriated by this act shall lapse 23 on the thirtieth day of September next succeeding the close of the 24 fiscal year in which the monies were first made available. 25 § 8. This act shall take effect immediately; provided, however, that 26 the provisions of paragraph (b) of subdivision 4 of section 209-u of the 27 executive law as added by section two of this act shall expire and be 28 deemed repealed 5 years after such date.
