Bill Text: NY A07128 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts the "recruit, empower, support, pay, educate, connect and train (RESPECT) nurses act" for the purpose of supporting current nurses, nursing students, and increasing the number of nurses within the state.
Spectrum: Moderate Partisan Bill (Democrat 19-3)
Status: (Introduced - Dead) 2022-02-08 - print number 7128a [A07128 Detail]
Download: New_York-2021-A07128-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7128--A 2021-2022 Regular Sessions IN ASSEMBLY April 23, 2021 ___________ Introduced by M. of A. GUNTHER, LUPARDO, PAULIN, MAGNARELLI, COLTON, THIELE, BRONSON, COOK, RA, J. M. GIGLIO, McDONOUGH, WOERNER, LUNSFORD, STIRPE, BUTTENSCHON, CLARK, HUNTER -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, PERRY -- read once and referred to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, the state finance law, the public health law, the retirement and social security law, and the tax law, in relation to establishing the "recruit, empower, support, pay, educate, connect and train (RESPECT) nurses act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "recruit, 2 empower, support, pay, educate, connect and train (RESPECT) nurses act". 3 § 2. Subdivisions 1 and 4 of section 669-e of the education law, 4 subdivision 1 as amended by chapter 329 of the laws of 2018 and subdivi- 5 sion 4 as amended by section 1 of part BB of chapter 56 of the laws of 6 2018, are amended to read as follows: 7 1. Undergraduate students who are matriculated in an approved under- 8 graduate program leading to a career in science, technology, 9 engineering, nursing or mathematics at a New York state public institu- 10 tion of higher education for the purpose of subdivision two of this 11 section, or a New York state private degree granting institution of 12 higher education for the purpose of subdivision two-a of this section, 13 shall be eligible for an award under this section, provided the appli- 14 cant: (a) graduates from a high school located in New York state during 15 or after the two thousand thirteen--fourteen school year; and (b) gradu- 16 ates within the top ten percent of his or her high school class; and (c) 17 enrolls in full-time study each term beginning in the fall term after EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09575-02-2A. 7128--A 2 1 his or her high school graduation in an approved undergraduate program 2 in science, technology, engineering, nursing or mathematics, as defined 3 by the corporation, at a New York state institution of higher education; 4 and (d) signs a contract with the corporation agreeing that his or her 5 award will be converted to a student loan in the event the student fails 6 to comply with the terms of this program as set forth in subdivision 7 four of this section; and (e) complies with the applicable provisions of 8 this article and all requirements promulgated by the corporation for the 9 administration of the program. 10 4. The corporation shall convert to a student loan the full amount of 11 the award given pursuant to this section, plus interest, according to a 12 schedule to be determined by the corporation if: (a) a recipient fails 13 to complete an approved undergraduate program in science, technology, 14 engineering, nursing or mathematics or changes majors to a program of 15 undergraduate study other than in science, technology, engineering, 16 nursing or mathematics; or (b) upon completion of such undergraduate 17 degree program a recipient fails to either (i) complete five years of 18 continuous full time employment in the science, technology, engineering, 19 nursing or mathematics field with a public or private entity located 20 within New York state, or (ii) maintain residency in New York state for 21 such period of employment; or (c) a recipient fails to respond to 22 requests by the corporation for the status of his or her academic or 23 professional progress. The terms and conditions of this subdivision 24 shall be deferred for individuals who graduate with a degree in an 25 approved undergraduate program in science, technology, engineering, 26 nursing or mathematics and enroll on at least a half-time basis in a 27 graduate or higher degree program or other professional licensure degree 28 program until they are conferred a degree, and shall also be deferred 29 for any interruption in undergraduate study or employment as established 30 by the rules and regulations of the corporation. The terms and condi- 31 tions of this subdivision may also be deferred for a grace period, to be 32 established by the corporation, following the completion of an approved 33 undergraduate program in science, technology, engineering, nursing or 34 mathematics a graduate or higher degree program or other professional 35 licensure degree program. Any obligation to comply with such provisions 36 as outlined in this section shall be cancelled upon the death of the 37 recipient. Notwithstanding any provisions of this subdivision to the 38 contrary, the corporation is authorized to promulgate rules and regu- 39 lations to provide for the waiver or suspension of any financial obli- 40 gation which would involve extreme hardship. 41 § 3. The education law is amended by adding a new section 679-c-1 to 42 read as follows: 43 § 679-c-1. Nursing shortage area scholarship. 1. Purpose. The New York 44 state nursing shortage area scholarship is hereby established for the 45 purpose of granting scholarships to students enrolled in a nursing 46 program within the state. 47 2. Eligibility. To be eligible for such awards, an applicant must: 48 a. be a New York state resident; 49 b. have graduated from a New York state high school; 50 c. be enrolled, on a full-time basis, in an approved undergraduate 51 nursing program of study in a New York state post-secondary institution 52 as of the two thousand twenty-two--two thousand twenty-three academic 53 year or thereafter; and 54 d. sign a contract with the corporation agreeing to reside and prac- 55 tice exclusively in the state as a registered nurse in a healthcare 56 setting on a full-time basis in a designated nursing shortage area.A. 7128--A 3 1 3. Priority. a. The president is authorized to make scholarship awards 2 pursuant to this section to provide financial support to applicants to 3 enter or continue in an undergraduate nursing program of study. Such 4 awards shall be made to eligible applicants in the following priority: 5 (i) first, to applicants who have received payment of an award pursu- 6 ant to this section in a prior year and remain in good academic stand- 7 ing; and 8 (ii) second, to applicants in descending order based on the unmet need 9 to reach the full cost of attendance as indicated on the financial aid 10 award letter. 11 However, in the program's first year, first priority shall be in 12 accordance with subparagraph (ii) of this paragraph. 13 b. The regents, after consultation with the commissioner of health, 14 shall designate those areas of New York state which have a shortage of 15 nurses for the purposes of this subdivision, and, should it be necessary 16 may establish relative rankings of those areas, shall determine the 17 number of scholarships to be awarded each year and shall direct that the 18 awards are distributed to ensure appropriate distribution among the 19 areas identified as nursing shortage areas. 20 4. Award. a. The corporation shall grant such awards in an amount 21 equal to the amount of undergraduate tuition for residents of New York 22 state enrolled in a nursing program of study charged by the state 23 university of New York or actual tuition charged, whichever is less, in 24 calculating such award the corporations shall account for the average 25 cost of books and fees; provided, however, (i) a student who receives 26 educational grants and/or scholarships that cover the student's full 27 cost of attendance shall not be eligible for an award under this 28 program; (ii) for a student who receives educational grants and/or scho- 29 larships that cover less than the student's full cost of attendance, 30 such grants and/or scholarships shall not be deemed duplicative of this 31 program and may be held concurrently with an award under this program, 32 provided that the combined benefits do not exceed the student's full 33 cost of attendance; and (iii) an award under this program shall be 34 applied to tuition after the application of all other educational grants 35 and scholarships limited to tuition and shall be reduced in an amount 36 equal to such educational grants and/or scholarships. Upon notification 37 of an award under this program, the institution shall defer the amount 38 of tuition equal to the award. No award shall be final until the recipi- 39 ent's successful completion of a term has been certified by the institu- 40 tion. 41 b. The corporation shall convert to a student loan the full amount of 42 the award given pursuant to this section, plus interest, according to a 43 schedule to be determined by the corporation if: (i) a recipient fails 44 to complete an approved undergraduate nursing program or changes majors; 45 or (ii) upon completion of such undergraduate nursing degree program a 46 recipient fails to either (a) complete five years of continuous full- 47 time employment as a registered nurse in a designated nursing shortage 48 area within New York state, or (b) maintain residency in New York state 49 for such period of employment; or (iii) a recipient fails to respond to 50 requests by the corporation for the status of his or her academic or 51 professional progress. The terms and conditions of this subdivision 52 shall be deferred for individuals who graduate with a degree in an 53 approved undergraduate program in nursing and enroll on at least a half- 54 time basis in a graduate nursing or higher degree nursing program and 55 shall also be deferred for any interruption in undergraduate study or 56 employment as established by the rules and regulations of the corpo-A. 7128--A 4 1 ration. The terms and conditions of this subdivision may also be 2 deferred for a grace period, to be established by the corporation, 3 following the completion of an approved undergraduate program in nursing 4 or a graduate nursing or higher degree nursing program. Any obligation 5 to comply with such provisions as outlined in this section shall be 6 cancelled upon the death of the recipient. Notwithstanding any 7 provisions of this subdivision to the contrary, the corporation is 8 authorized to promulgate rules and regulations to provide for the waiver 9 or suspension of any financial obligation which would involve extreme 10 hardship. 11 5. Rules. The corporation is authorized to promulgate rules and regu- 12 lations, and may promulgate emergency regulations, necessary for the 13 implementation of the provisions of this section, including, but not 14 limited to, the rate of interest charged for repayment of the student 15 loan and the criteria for distributing the awards, which may include a 16 lottery or other form of random selection for awards distributed pursu- 17 ant to subdivision two of this section. 18 § 4. The education law is amended by adding a new section 679-c-2 to 19 read as follows: 20 § 679-c-2. Pathway to nursing scholarship for healthcare workers. 1. 21 Purpose. The New York state pathway to nursing scholarship is hereby 22 established for the purpose of granting scholarships to students who are 23 currently employed as a healthcare worker within the state. Such 24 students must be enrolled in an undergraduate nursing program on a part- 25 time basis or an approved practical nursing program of study in New York 26 state. The intent of the program is to augment or increase training 27 programs for nurses and those seeking to become nurses. Grant funding 28 shall not be used to offset existing expenditures the institution or 29 program has obligated or intends to obligate for such training programs. 30 2. Eligibility. To be eligible for such awards, an applicant must: 31 a. be a New York state resident; 32 b. be currently employed as an eligible healthcare professional, as 33 determined by the president; 34 c. be, as of the two thousand twenty-two--two thousand twenty-three 35 academic year or thereafter, enrolled in either: (i) an approved under- 36 graduate nursing program of study, on a part-time basis, in a New York 37 state post-secondary institution; or (ii) an approved practical nursing 38 program of study in New York state; and 39 d. sign a contract with the corporation agreeing to reside and prac- 40 tice exclusively in the state as a registered nurse in a healthcare 41 setting on a full-time basis in a designated nursing shortage area. 42 3. Priority. a. The president is authorized to make scholarship awards 43 pursuant to this section to provide financial support to applicants to 44 enter or continue in an undergraduate nursing or practical nursing 45 program of study. Such awards shall be made to eligible applicants in 46 the following priority: 47 (i) first, to applicants who have received payment of an award pursu- 48 ant to this section in a prior year and remain in good academic stand- 49 ing; and 50 (ii) second, to applicants in descending order based on the unmet need 51 to reach the full cost of attendance as indicated on the financial aid 52 award letter. 53 However, in the program's first year, first priority shall be in 54 accordance with subparagraph (ii) of this paragraph. 55 b. The regents, after consultation with the commissioner of health, 56 shall designate those areas of New York state which have a shortage ofA. 7128--A 5 1 nurses for the purposes of this subdivision and, should it be necessary, 2 may establish relative rankings of those areas. The regents shall deter- 3 mine the number of scholarships to be awarded each year and shall direct 4 that the awards are distributed to ensure appropriate distribution among 5 the areas identified as nursing shortage areas. 6 4. Award. a. The corporation shall grant such awards in an amount 7 equal to the amount of undergraduate tuition for residents of New York 8 state enrolled in a nursing program of study charged by the state 9 university of New York or actual tuition charged, whichever is less, in 10 calculating such award the corporations shall account for the average 11 cost of books and fees; provided, however, (i) a student who receives 12 educational grants and/or scholarships that cover the student's full 13 cost of attendance shall not be eligible for an award under this 14 program; 15 (ii) for a student who receives educational grants and/or scholarships 16 that cover less than the student's full cost of attendance, such grants 17 and/or scholarships shall not be deemed duplicative of this program and 18 may be held concurrently with an award under this program, provided that 19 the combined benefits do not exceed the student's full cost of attend- 20 ance; and 21 (iii) an award under this program shall be applied to tuition after 22 the application of all other educational grants and scholarships limited 23 to tuition and shall be reduced in an amount equal to such educational 24 grants and/or scholarships. Upon notification of an award under this 25 program, the institution shall defer the amount of tuition equal to the 26 award. No award shall be final until the recipient's successful 27 completion of a term has been certified by the institution. 28 b. The corporation shall convert to a student loan the full amount of 29 the award given pursuant to this section, plus interest, according to a 30 schedule to be determined by the corporation if: (i) a recipient fails 31 to complete an approved undergraduate nursing program or changes majors; 32 or (ii) upon completion of such undergraduate nursing degree program a 33 recipient fails to either (a) complete five years of continuous full- 34 time employment as a registered nurse in a designated nursing shortage 35 area within New York state, or (b) maintain residency in New York state 36 for such period of employment; or (c) a recipient fails to respond to 37 requests by the corporation for the status of his or her academic or 38 professional progress. 39 c. The terms and conditions of this subdivision shall be deferred for 40 individuals who graduate with a degree in an approved undergraduate 41 program in nursing and enroll on at least a half-time basis in a gradu- 42 ate nursing or higher degree nursing program and shall also be deferred 43 for any interruption in undergraduate study or employment as established 44 by the rules and regulations of the corporation. The terms and condi- 45 tions of this subdivision may also be deferred for a grace period, to be 46 established by the corporation, following the completion of an approved 47 undergraduate program in nursing or a graduate nursing or higher degree 48 nursing program. Any obligation to comply with such provisions as 49 outlined in this section shall be cancelled upon the death of the recip- 50 ient. Notwithstanding any provisions of this subdivision to the contra- 51 ry, the corporation is authorized to promulgate rules and regulations to 52 provide for the waiver or suspension of any financial obligation which 53 would involve extreme hardship. 54 5. Stipends. a. The president is authorized to grant stipends to 55 students receiving an award pursuant to this section. Stipends shall be 56 awarded as follows:A. 7128--A 6 1 (i) a stipend of not less than one hundred fifty dollars and not more 2 than two hundred dollars for each day the student attends school; 3 (ii) a stipend in an amount to cover the cost of such student's trans- 4 portation to and from school; 5 (iii) a stipend in an amount to cover child care services for such 6 student, if such student has one or more children; and 7 (iv) a stipend in an amount to cover tutoring services. 8 b. Stipends granted pursuant to this subdivision are not subject to 9 the provisions of paragraph b of subdivision four of this section. 10 6. Rules. The corporation is authorized to promulgate rules and regu- 11 lations, and may promulgate emergency regulations, necessary for the 12 implementation of the provisions of this section, including, but not 13 limited to, the rate of interest charged for repayment of the student 14 loan and the criteria for distributing the awards, which may include a 15 lottery or other form of random selection for awards distributed pursu- 16 ant to subdivision two of this section. 17 § 5. Paragraphs 2 and 3 of subdivision a and subdivision b of section 18 679-d of the education law, as amended by section 2 of part E-3 of chap- 19 ter 57 of the laws of 2007, are amended to read as follows: 20 (2) To be eligible for an award pursuant to this subdivision, appli- 21 cants shall (i) be licensed as a registered professional nurse; (ii) 22 have an outstanding student loan debt from a nursing degree program 23 acquired on or after January first, two thousand one; (iii) have a 24 master's degree in nursing or doctoral degree that qualified them as 25 nursing faculty or adjunct clinical faculty; (iv) be employed as a 26 faculty member at a nursing school located in New York state; and (v) 27 comply with [subdivisions three and] subdivision five of section six 28 hundred sixty-one of this part. 29 (3) An award of [eight] fifteen thousand dollars shall be made annual- 30 ly to recipients who have provided classroom or clinical instruction of 31 not less than twelve academic credit hours, or its equivalent, as nurs- 32 ing faculty or in clinical teaching service in the academic year preced- 33 ing the granting of the award, provided that no recipient shall receive 34 cumulative awards, pursuant to this section, in excess of [forty] sixty 35 thousand dollars. 36 b. Duration. Loan forgiveness awards shall be made annually to appli- 37 cants whom the corporation has certified are eligible to receive such 38 awards and have provided nursing faculty or clinical nurse faculty 39 services required pursuant to this article; provided that no award shall 40 be granted for more than [five] four years. 41 § 6. The education law is amended by adding a new section 679-d-1 to 42 read as follows: 43 § 679-d-1. New York state nursing shortage loan forgiveness incentive 44 program. a. Purpose. (1) The president shall grant student loan forgive- 45 ness awards for the purpose of increasing the number of registered 46 professional nurses, licensed practical nurses, and nurse practitioners 47 working for healthcare providers or facilities in a setting or region of 48 the state designated as having a shortage of nurses. 49 (2) To be eligible for an award pursuant to this subdivision, appli- 50 cants shall (i) be licensed as a registered professional nurse; (ii) 51 have an outstanding student loan debt from a recognized nursing program 52 as of January first, two thousand two; (iii) be employed as a nurse by a 53 healthcare provider or facility in the state; and (iv) comply with 54 subdivision five of section six hundred sixty-one of this part. 55 (3) An award of eight thousand dollars shall be made annually to 56 recipients who have practiced on a full-time basis in a setting orA. 7128--A 7 1 region of the state designated as having a shortage of nurses pursuant 2 to subdivision three of section six hundred seventy-nine-c-1 and subdi- 3 vision three of section six hundred seventy-nine-c-2 of this chapter, 4 provided that no recipient shall receive cumulative awards, pursuant to 5 this section, in excess of forty thousand dollars. 6 (4) Award recipients shall be eligible to apply for other awards. 7 b. Duration. Loan forgiveness awards shall be made annually to appli- 8 cants whom the corporation has certified are eligible to receive such 9 awards and have provided nursing services required pursuant to this 10 article; provided that no award shall be granted for more than five 11 years. 12 c. Amount. The corporation shall grant such awards within the amounts 13 appropriated for such purpose and based on availability of funds in an 14 amount not to exceed the total cost of the student loan debt. 15 § 7. Article 14 of the education law is amended by adding a new part 6 16 to read as follows: 17 PART VI 18 NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM 19 Section 694-c. Definitions. 20 694-d. New York nursing faculty student loan refinancing program 21 694-e. Program eligibility. 22 694-f. Program. 23 694-g. Repayment. 24 § 694-c. Definitions. For purposes of this part, the following terms 25 shall have the following meanings: 26 1. "Education loan" shall mean any student loan that the state refi- 27 nances under the program that was obtained by a borrower for the 28 purposes of acquiring an undergraduate nursing and graduate nursing 29 degree from a college or university located in the state, provided, 30 however, that loans provided by the federal government, or loans 31 provided at an interest rate at or lower than the current federal loan 32 interest rate shall not be eligible for refinancing under the program. 33 2. "Participant" shall mean an individual who has incurred student 34 loan debt from a lending institution or lender to cover the cost of 35 tuition associated with an undergraduate nursing and graduate nursing 36 degree from a college or university located in the state and has applied 37 to participate and been accepted to participate in the program. 38 3. "Lending institution" or "lender" shall mean any entity that has 39 itself or through an affiliate provided student loans to an eligible 40 participant. 41 4. "Program" shall mean the New York nursing faculty student loan 42 refinancing program. 43 5. "Fund" shall mean the New York nursing faculty student loan refi- 44 nancing program fund established pursuant to section ninety-nine-oo of 45 the state finance law. 46 § 694-d. New York nursing faculty student loan refinancing program. 47 1. The New York nursing faculty student loan refinancing program is 48 hereby established for the purposes of relieving student debt by direct- 49 ly paying an eligible participant's loan debt to the lending institution 50 or lender and providing a repayment plan whereby payments will be depos- 51 ited in the fund. 52 2. The corporation shall promulgate rules and regulations for the 53 administration of this program and shall manage the fund in consultation 54 with the office of the comptroller. 55 3. The corporation shall determine additional requirements for eligi- 56 ble participants, other than those specified in section six hundredA. 7128--A 8 1 ninety-four-e of this part, shall set a fixed interest rate for the 2 repayment of refinanced loans, which shall be lower than the average 3 market rate for private student loans, and shall establish an applica- 4 tion process for the program. 5 4. The corporation shall determine appropriate payment deferment and 6 forbearance options for loss of employment or extreme hardship. 7 § 694-e. Program eligibility. To be eligible for this program a 8 participant shall: 9 1. be licensed as a registered professional nurse; 10 2. have an outstanding student loan debt from a nursing degree 11 program; 12 3. have a master's degree in nursing or doctoral degree from a college 13 or university in the state that qualified them as nursing faculty or 14 adjunct clinical faculty; 15 4. be employed as a faculty member at a nursing program located in New 16 York state; 17 5. agree to sign a contract with the corporation to allow a direct 18 withdrawal of payments from their pay checks until the debt obligation 19 is paid in full; and 20 6. sign a contract with the corporation agreeing to provided classroom 21 or clinical instruction of not less than twelve academic credit hours, 22 or its equivalent, as nursing faculty or in clinical teaching service 23 for at least five academic years. 24 § 694-f. Program. 1. The corporation shall make lump sum payments to 25 lending institutions or lenders to pay eligible participants' education 26 loans out of the funds appropriated to the fund for the purposes of this 27 program in amounts not to exceed fifty thousand dollars per participant. 28 2. Loans that the participant acquired from the federal government or 29 those loans that have a fixed interest rate provided at an interest rate 30 at or lower than the current federal loan interest rate shall not be 31 eligible for acquisition under the program. 32 § 694-g. Repayment. 1. Participants shall repay the total cost of the 33 debt obligation to the fund at an interest rate determined by the corpo- 34 ration according to the following: 35 a. During the first five years of participation in the program, the 36 participant shall pay three percent of the salary earned per year during 37 each of those years; 38 b. During the next five years of participation in the program, the 39 participant shall pay five percent of the salary earned per year during 40 each of those years; 41 c. During the eleventh year of participation and each year thereafter 42 until the debt obligation is paid in full, the participant shall pay 43 eight percent of the salary earned per year during each of those years. 44 2. There shall be no pre-payment penalties under the program and 45 repayment schedules may be calculated at a higher percentage rate per 46 year of salary if the participant chooses or requests a faster repayment 47 option. 48 § 8. The state finance law is amended by adding a new section 99-oo to 49 read as follows: 50 § 99-oo. New York nursing faculty student loan refinancing program 51 fund. 1. There is hereby established within the custody of the New York 52 state higher education services corporation, in consultation with the 53 state comptroller, or his or her designee, a fund to be known as the New 54 York nursing faculty student loan refinancing program. 55 2. All monies received pursuant to the New York nursing faculty 56 student loan refinancing program shall be deposited into the fund andA. 7128--A 9 1 shall be managed pursuant to part six of article fourteen of the educa- 2 tion law. 3 3. All necessary rules and regulations for the successful adminis- 4 tration, investment and management of such fund shall be promulgated by 5 the New York state higher education services corporation, in consulta- 6 tion with the state comptroller, or his or her designee. 7 § 9. The public health law is amended by adding a new section 2801-i 8 to read as follows: 9 § 2801-i. Nurse training; certain required training. 1. Each general 10 hospital and nursing home licensed pursuant to the provisions of this 11 article which offers clinical placements for registered professional 12 nurses, licensed practical nurses, nurse practitioners or certified 13 nurse specialists may not charge any fee for such clinical placement 14 either to the student, or to the institution, for any costs it incurs in 15 hosting such clinical hours. 16 2. Nothing contained herein, shall prevent a hospital from charging an 17 institution an administrative fee for the provision of administrative or 18 recordkeeping requirements as part of the program provided such amounts 19 do not exceed one thousand dollars per annum. 20 3. The commissioner shall be empowered to promulgate regulations 21 necessary to ensure access to such clinical placements and shall be 22 empowered to promulgate such regulations on an emergency basis. 23 § 10. The education law is amended by adding a new section 6912 to 24 read as follows: 25 § 6912. Authorization for the use of simulation training. Notwith- 26 standing any other law, rule or regulation to the contrary, the commis- 27 sioner shall be authorized to permit no more than fifty percent of the 28 clinical training requirements for licensure or license renewal as a 29 practical nurse, registered professional nurse, nurse practitioner, or 30 clinical nurse specialist to be satisfied through simulation training in 31 such form as the department shall require. 32 § 11. Section 212 of the retirement and social security law is amended 33 by adding a new subdivision 4 to read as follows: 34 4. Notwithstanding the provisions of subdivisions one and two of this 35 section, such earning limitations shall not apply to a retired person 36 who is licensed as a registered professional nurse and currently 37 employed as a faculty member at a nursing program located in New York 38 state. 39 § 12. Subsection (i) of section 601 of the tax law is relettered 40 subsection (j) and a new subsection (i) is added to read as follows: 41 (i) A retired person, as defined by section two hundred ten of the 42 retirement and social security law, subject to the provisions of this 43 section, who is licensed as a registered professional nurse and current- 44 ly employed as a faculty member at a nursing program located in New York 45 state shall have no more than one-half of their taxable income taxed by 46 the state. 47 § 13. Temporary authorization for the teaching of nurse courses. 48 Notwithstanding any other law, rule or regulation to the contrary, for a 49 period not to exceed five years from the effective date of this section, 50 the department of education shall allow an eligible registered profes- 51 sional nurse to teach nursing courses at an institution of higher educa- 52 tion. To be eligible, such registered professional nurse shall have the 53 necessary credentials and years of work experience as determined by the 54 department of education. 55 § 14. Section 6502 of the education law is amended by adding a new 56 subdivision 8 to read as follows:A. 7128--A 10 1 8. 1. a. Notwithstanding any other law, rule or regulation to the 2 contrary, the commissioner shall be authorized to allow registered 3 professional nurses, licensed practical nurses, and nurse practitioners 4 licensed and in current good standing in New York state but not regis- 5 tered in New York state to practice in New York state without civil or 6 criminal penalty related to lack of registration, provided that such 7 registered professional nurses, licensed practical nurses, and nurse 8 practitioners gain direct employment with a healthcare provider or 9 facility in a setting or region of the state designated by the regents, 10 in consultation with the commissioner of health, as having a shortage of 11 nurses. 12 b. Notwithstanding any other law, rule or regulation to the contrary, 13 the commissioner shall be authorized to allow clinical nurse specialists 14 who have an unencumbered license and in current good standing in New 15 York state but not registered in New York state to practice in New York 16 state without civil or criminal penalty related to lack of registration, 17 provided that such clinical nurse specialists gain direct employment 18 with a healthcare provider or facility in a setting or region of the 19 state designated by the regents, in consultation with the commissioner 20 of health, as having a shortage of nurses. 21 2. Such registered professional nurses, licensed practical nurses, 22 nurse practitioners, and clinical nurse specialists shall be required to 23 fulfill the registration requirements pursuant to this article and arti- 24 cle one hundred thirty-nine of this chapter no later than two years 25 after gaining such employment. 26 3. The commissioner is authorized to promulgate rules and regulations, 27 and may promulgate emergency regulations, necessary for the implementa- 28 tion of the provisions of this subdivision. 29 § 15. The education law is amended by adding a new section 6517 to 30 read as follows: 31 § 6517. Nurses not licensed by the state. 1. (a) Notwithstanding any 32 other law, rule or regulation to the contrary, the commissioner shall be 33 authorized to allow registered nurses, licensed practical nurses, and 34 nurse practitioners and substantially similar titles licensed and in 35 current good standing in any state in the United States to practice in 36 New York state, or any province or territory of Canada, or any other 37 country as approved by the department of health, to practice in New York 38 state without civil or criminal penalty related to lack of licensure, 39 provided that such registered professional nurses, licensed practical 40 nurses, and nurse practitioners and substantially similar titles gain 41 direct employment with a healthcare provider or facility in a setting or 42 region identified as having a shortage of nurses pursuant to subdivision 43 three of section six hundred seventy-nine-c-1 and subdivision three of 44 section six hundred seventy-nine-c-2. 45 (b) Such registered nurses, licensed practical nurses, and nurse prac- 46 titioners and substantially similar titles shall be required to fulfill 47 the licensure and registration requirements pursuant to this article and 48 article one hundred thirty-nine of this chapter no later than two years 49 after gaining such employment. 50 2. (a) Nurses not certified by the state. Notwithstanding any other 51 law, rule or regulation to the contrary, the commissioner shall be 52 authorized to allow clinical nurse specialists and substantially similar 53 titles certified and in current good standing in any state in the United 54 States, or any province or territory of Canada, or any other country as 55 approved by the department of health to practice in New York state with- 56 out civil or criminal penalty related to lack of certification, providedA. 7128--A 11 1 that such registered professional nurses, licensed practical nurses, and 2 nurse practitioners gain direct employment with a healthcare provider or 3 facility identified as having a shortage of nurses pursuant to subdivi- 4 sion three of section six hundred seventy-nine-c-1 and subdivision three 5 of section six hundred seventy-nine-c-2. 6 (b) Such clinical nurse specialists and substantially similar titles 7 shall be required to fulfill the certification requirements pursuant to 8 this article and article one hundred thirty-nine of this chapter no 9 later than two years after gaining such employment. 10 3. The commissioner is authorized to promulgate rules and regulations, 11 and may promulgate emergency regulations, necessary for the implementa- 12 tion of the provisions of this section. 13 § 16. The public health law is amended by adding a new section 2807-mm 14 to read as follows: 15 § 2807-mm. Nurse loan repayment program. 1. (a) Funds shall be made 16 available, subject to appropriations, for purposes of loan repayment in 17 accordance with the provisions of this section. Notwithstanding any 18 contrary provision of this article, sections one hundred twelve and one 19 hundred sixty-three of the state finance law, or any other contrary 20 provision of law, such funding shall be allocated by the commissioner 21 among areas identified as having a shortage of nurses pursuant to subdi- 22 vision three of section six hundred seventy-nine-c-1 and subdivision 23 three of section six hundred seventy-nine-c-2 and shall be distributed 24 in a manner to be determined by the commissioner without a competitive 25 bid or request for proposal processes. 26 (b) To be eligible for such funding an applicant shall: 27 (i) be a New York state resident; 28 (ii) be licensed as a registered professional nurse; 29 (iii) have an outstanding student loan debt from a recognized nursing 30 program as of January first, two thousand two; 31 (iv) be employed as a nurse by a nursing home licensed pursuant to the 32 provisions of this article; and 33 (v) sign a contract with the department agreeing to reside and prac- 34 tice exclusively in the state as a registered nurse in a nursing home 35 setting on a full-time basis in a designated nursing shortage area. 36 (c) Applicants shall receive funding for up to twenty-five percent of 37 their total qualified debt. Annual payments to such nurses shall not 38 exceed eight thousand dollars per year and not exceed the total loan 39 debt held by the nurse. 40 (d) When a nurse is not actually practicing in such an area, he or she 41 shall be deemed to be practicing in such an area if he or she practices 42 in a nursing facility that primarily serves an underserved population as 43 determined by the commissioner, without regard to whether the population 44 or nursing facility is located in such an area. Such funding may be used 45 to repay educational loans incurred by such nurses or to support the 46 costs incurred by such nurses to join facilities located in such areas. 47 (e) Loan repayment awards made to a nurse pursuant to paragraph (a) of 48 this subdivision shall not exceed the total qualifying outstanding debt 49 of the nurse from student loans to cover tuition and other related 50 educational expenses made by or guaranteed by the federal or state 51 government, or made by a lending or educational institution approved 52 under title IV of the federal higher education act. Loan repayment 53 awards shall be used solely to repay such outstanding debt. 54 2. In the event that a four-year commitment pursuant to the agreement 55 referenced in paragraph (b) of subdivision one of this section is notA. 7128--A 12 1 fulfilled, the recipient shall be responsible for repayment in full plus 2 interest, according to a schedule to be determined by the commissioner. 3 3. The commissioner may postpone, change or waive the service obli- 4 gation and repayment amounts in individual circumstances where there is 5 compelling need or hardship. 6 4. In making criteria and determinations as to whether an area is an 7 underserved area or whether a nursing home primarily serves an under- 8 served population, the commissioner may make separate criteria and 9 determinations for different specialties. 10 § 17. The public health law is amended by adding a new section 11 2807-mmm to read as follows: 12 § 2807-mmm. Nursing preceptor support fund. 1. Definitions. a. "Nurs- 13 ing preceptor clinician" means a (i) registered professional nurse 14 licensed pursuant to section sixty-nine hundred five of the education 15 law, (ii) nurse practitioner certified pursuant to section sixty-nine 16 hundred ten of the education law, or (iii) clinical nurse specialist 17 certified pursuant to section sixty-nine hundred eleven of the education 18 law, or, who provides a clinical preceptorship or preceptorships. 19 b. "Nursing clinical preceptorship" means a clinical nursing practice 20 supervised by a nursing preceptor clinician for nursing students 21 enrolled in a New York state based educational program approved pursuant 22 to title eight of the education law to become a registered professional 23 nurse, nurse practitioner, or clinical nurse specialist, and which 24 preceptorship provides preceptor instruction. 25 2. Nursing preceptor support fund. a. Notwithstanding any contrary 26 provision of this section, sections one hundred twelve and one hundred 27 sixty-three of the state finance law, or any other contrary provision of 28 law, such funding shall be allocated to hospitals and nursing homes 29 licensed pursuant to the provisions of this article in a manner to be 30 determined by the commissioner. 31 b. Funding awarded pursuant to the provisions of this section shall 32 not exceed two hundred thousand dollars for any hospital or nursing 33 home. Awards shall be used to: 34 (i) provide additional compensation to preceptors; 35 (ii) provide stipends to students enrolled in a nursing graduate 36 program of study located in the state to provide nursing clinical 37 preceptorships; 38 (iii) ensure nursing preceptor clinicians are given a certain number 39 of dedicated hours, to be determined by the commissioner, to monitor 40 nursing students and teach the didactic portion of nursing clinical 41 preceptorships; and 42 (iv) cover the costs associated with any continuing education require- 43 ments the nursing preceptor clinician must satisfy. 44 § 18. The public health law is amended by adding a new section 2801-j 45 to read as follows: 46 § 2801-j. Nursing residency program in hospitals and nursing homes. 47 1. Each general hospital and nursing home licensed pursuant to the 48 provisions of this article may partner with a post-secondary institution 49 within the state to create a proposal for the development and implemen- 50 tation or improvement and continuation of a nursing residency program. 51 Such proposals shall be subject to approval by the department. 52 2. The purpose of such nursing residency programs shall be to assist 53 recent graduates transition to specialty practice areas as well as 54 assist experienced nurses in transitioning to a different specialty 55 practice area.A. 7128--A 13 1 3. The department shall, in collaboration with the state education 2 department, determine if the proposals submitted appropriately incorpo- 3 rate an evidence-based curriculum designed to decrease turnover, improve 4 decision-making skills, enhance clinical nursing leadership practices, 5 promote the use of research-based evidence into practice and accomplish 6 any other goals as determined by the commissioner. 7 4. If the commissioner determines the proposals submitted satisfy the 8 purpose and criteria detailed in subdivisions two and three of this 9 section, the commissioner may release funds to the general hospital or 10 nursing home which submitted the plan to offset the costs of developing 11 and implementing the nursing residency program. 12 5. The corporation is authorized to promulgate rules and regulations, 13 and may promulgate emergency regulations, necessary for the implementa- 14 tion of the provisions of this section. 15 § 19. 1. The commissioner of education in consultation with the 16 commissioner of health is hereby authorized and directed to conduct a 17 study on the reasons registered professional nurses are no longer 18 employed in a health care setting and if there is an incentive or incen- 19 tives that would encourage registered professional nurses to return to 20 employment in a health care setting. Such study shall include, but not 21 be limited to: 22 (a) the demographics of registered professional nurses who are no 23 longer employed in a health care setting, including, but not limited to 24 age, race, gender and place of residence; 25 (b) the reasons registered professional nurses are no longer employed 26 in a health care setting, including, but not limited to stress, work 27 hours, location of employment and salary; 28 (c) the number of registered professional nurses who are not employed 29 in a health care setting; and 30 (d) the incentive or incentives that would encourage registered 31 professional nurses to return to employment in a health care setting. 32 2. Within one year of the effective date of this act, the commissioner 33 of education shall post a report on the department of education's 34 website and deliver such report to the governor, the temporary president 35 of the senate, the speaker of the assembly, the minority leader of the 36 senate and the minority leader of the assembly. The report shall include 37 recommendations for legislation and administrative actions that can be 38 undertaken to retain or encourage registered professional nurses to work 39 in a health care setting. 40 § 20. This act shall take effect immediately.