Bill Text: NY S02553 | 2011-2012 | General Assembly | Amended


Bill Title: Requires registered professional nurses to attain a baccalaureate degree in nursing within ten years of their initial licensure; provides exemptions for those currently licensed or enrolled in nursing programs.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HIGHER EDUCATION [S02553 Detail]

Download: New_York-2011-S02553-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2553--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 25, 2011
                                      ___________
       Introduced  by  Sens. ALESI, STAVISKY -- read twice and ordered printed,
         and when printed to be committed 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 the educational prepa-
         ration for practice of professional nursing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  legislature  hereby finds and declares that with the
    2  increasing complexity of the  American  healthcare  system  and  rapidly
    3  expanding  technology,  the  educational  preparation  of the registered
    4  professional nurse must be expanded. The nurse of  the  future  must  be
    5  prepared  to  partner  with  multiple  disciplines as a collaborator and
    6  manager of the complex patient care journey. Shorter lengths  of  stays,
    7  higher  patient  acuity,  and more sophisticated technologies and proce-
    8  dures are increasing the complexity of patient  care  -  which  in  turn
    9  places  great  demands  on  nursing  competencies.  Other  countries are
   10  responding to these changes by requiring the baccalaureate degree as  an
   11  entry  requirement  for  nursing  licensure  while other professions are
   12  demanding master and doctoral degrees  as  their  entry  point.  Several
   13  recent  research  studies  clearly  demonstrate the added value of addi-
   14  tional education in relation to improved  patient  outcomes;  one  study
   15  demonstrates  that  each ten percent increase in the number of baccalau-
   16  reate prepared nurses results in a five  percent  decrease  in  surgical
   17  patient  deaths.  Therefore,  the  legislature  finds that expanding the
   18  educational requirements for the profession of nursing, while  maintain-
   19  ing  the  multiple  entry  points  into the profession, is needed.  This
   20  legislation affects future nurses graduating from  associate  degree  or
   21  diploma nursing programs who would be required to obtain a baccalaureate
   22  in  nursing  within  ten  years of initial licensure. All current nurses
   23  licensed in New York and students in programs preparing  for  registered
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08577-02-1
       S. 2553--A                          2
    1  professional  nursing  are  to  be exempt from the new requirement. This
    2  legislation is mirrored after the progressive education requirement  for
    3  teachers  in  New York state. Numerous regulatory and accrediting bodies
    4  have recommended this change as a means to address sophisticated patient
    5  care  needs  resulting  from  shorter lengths of stay, higher acuity and
    6  more sophisticated interventions. This proposal is the result of a grow-
    7  ing body of research  evidence  that  additional  education  results  in
    8  better patient outcomes. Therefore by requiring the baccalaureate degree
    9  for  continued  registration  as  a  registered  professional nurse this
   10  legislation seeks to be responsive  to  meet  the  increasingly  complex
   11  health care needs of the residents of New York state.
   12    S 2. Subdivision 2 of section 6905 of the education law, as amended by
   13  chapter  994 of the laws of 1971 and such section as renumbered by chap-
   14  ter 50 of the laws of 1972, is amended to read as follows:
   15    (2) Education: have received an education, and a diploma or degree  in
   16  professional nursing, in accordance with the commissioner's regulations,
   17  AND  IN  ORDER  TO  CONTINUE  TO  MAINTAIN  REGISTRATION AS A REGISTERED
   18  PROFESSIONAL NURSE IN NEW YORK  STATE,  HAVE  ATTAINED  A  BACCALAUREATE
   19  DEGREE  IN  NURSING  WITHIN TEN YEARS OF INITIAL LICENSURE IN ACCORDANCE
   20  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT, IN ITS  DISCRETION,
   21  MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
   22  THE  BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL REQUIRE-
   23  MENT WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION  SHALL
   24  BE  THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL REGISTRA-
   25  TION. THE DURATION OF SUCH CONDITIONAL REGISTRATION  SHALL  BE  FOR  ONE
   26  YEAR  AND  MAY  BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR NO MORE THAN
   27  ONE ADDITIONAL YEAR. ANY LICENSEE WHO IS NOTIFIED OF  THE  DENIAL  OF  A
   28  REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
   29  MENTS  AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT SUCH
   30  REGISTRATION MAY BE SUBJECT  TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   31  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
   32    S 3. The provisions of this act shall not apply to:
   33    a.  any  student  entering  a  generic baccalaureate program preparing
   34  registered professional nurses after the effective date of this act;
   35    b. any student currently enrolled in, or having an application pending
   36  in, a program preparing registered nurses as of the  effective  date  of
   37  this act;
   38    c.  any  person already licensed as a registered professional nurse or
   39  any unlicensed graduate professional nurse who is eligible to  take  the
   40  National  Council Licensure Examination as of the effective date of this
   41  act.
   42    S 4. This act shall take effect immediately and  the  commissioner  of
   43  education  is  authorized to promulgate any rule or regulation necessary
   44  to implement the provisions of this act.
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