Bill Text: NY S08175 | 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: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2022-01-31 - PRINT NUMBER 8175A [S08175 Detail]
Download: New_York-2021-S08175-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8175--A IN SENATE January 31, 2022 ___________ Introduced by Sen. REICHLIN-MELNICK -- 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, 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 18 his or her high school graduation in an approved undergraduate program 19 in science, technology, engineering, nursing or mathematics, as defined 20 by the corporation, at a New York state institution of higher education; 21 and (d) signs a contract with the corporation agreeing that his or her 22 award will be converted to a student loan in the event the student fails 23 to comply with the terms of this program as set forth in subdivision 24 four of this section; and (e) complies with the applicable provisions of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14091-04-2S. 8175--A 2 1 this article and all requirements promulgated by the corporation for the 2 administration of the program. 3 4. The corporation shall convert to a student loan the full amount of 4 the award given pursuant to this section, plus interest, according to a 5 schedule to be determined by the corporation if: (a) a recipient fails 6 to complete an approved undergraduate program in science, technology, 7 engineering, nursing or mathematics or changes majors to a program of 8 undergraduate study other than in science, technology, engineering, 9 nursing or mathematics; or (b) upon completion of such undergraduate 10 degree program a recipient fails to either (i) complete five years of 11 continuous full time employment in the science, technology, engineering, 12 nursing or mathematics field with a public or private entity located 13 within New York state, or (ii) maintain residency in New York state for 14 such period of employment; or (c) a recipient fails to respond to 15 requests by the corporation for the status of his or her academic or 16 professional progress. The terms and conditions of this subdivision 17 shall be deferred for individuals who graduate with a degree in an 18 approved undergraduate program in science, technology, engineering, 19 nursing or mathematics and enroll on at least a half-time basis in a 20 graduate or higher degree program or other professional licensure degree 21 program until they are conferred a degree, and shall also be deferred 22 for any interruption in undergraduate study or employment as established 23 by the rules and regulations of the corporation. The terms and condi- 24 tions of this subdivision may also be deferred for a grace period, to be 25 established by the corporation, following the completion of an approved 26 undergraduate program in science, technology, engineering, nursing or 27 mathematics a graduate or higher degree program or other professional 28 licensure degree program. Any obligation to comply with such provisions 29 as outlined in this section shall be cancelled upon the death of the 30 recipient. Notwithstanding any provisions of this subdivision to the 31 contrary, the corporation is authorized to promulgate rules and regu- 32 lations to provide for the waiver or suspension of any financial obli- 33 gation which would involve extreme hardship. 34 § 3. The education law is amended by adding a new section 679-c-1 to 35 read as follows: 36 § 679-c-1. Nursing shortage area scholarship. 1. Purpose. The New York 37 state nursing shortage area scholarship is hereby established for the 38 purpose of granting scholarships to students enrolled in a nursing 39 program within the state. 40 2. Eligibility. To be eligible for such awards, an applicant must: 41 a. be a New York state resident; 42 b. have graduated from a New York state high school; 43 c. be enrolled, on a full-time basis, in an approved undergraduate 44 nursing program of study in a New York state post-secondary institution 45 as of the two thousand twenty-two--two thousand twenty-three academic 46 year or thereafter; and 47 d. sign a contract with the corporation agreeing to reside and prac- 48 tice exclusively in the state as a registered nurse in a healthcare 49 setting on a full-time basis in a designated nursing shortage area. 50 3. Priority. a. The president is authorized to make scholarship awards 51 pursuant to this section to provide financial support to applicants to 52 enter or continue in an undergraduate nursing program of study. Such 53 awards shall be made to eligible applicants in the following priority: 54 (i) first, to applicants who have received payment of an award pursu- 55 ant to this section in a prior year and remain in good academic stand- 56 ing; andS. 8175--A 3 1 (ii) second, to applicants in descending order based on the unmet need 2 to reach the full cost of attendance as indicated on the financial aid 3 award letter. 4 However, in the program's first year, first priority shall be in 5 accordance with subparagraph (ii) of this paragraph. 6 b. The regents, after consultation with the commissioner of health, 7 shall designate those areas of New York state which have a shortage of 8 nurses for the purposes of this subdivision, and, should it be necessary 9 may establish relative rankings of those areas, shall determine the 10 number of scholarships to be awarded each year and shall direct that the 11 awards are distributed to ensure appropriate distribution among the 12 areas identified as nursing shortage areas. 13 4. Award. a. The corporation shall grant such awards in an amount 14 equal to the amount of undergraduate tuition for residents of New York 15 state enrolled in a nursing program of study charged by the state 16 university of New York or actual tuition charged, whichever is less, in 17 calculating such award the corporations shall account for the average 18 cost of books and fees; provided, however, (i) a student who receives 19 educational grants and/or scholarships that cover the student's full 20 cost of attendance shall not be eligible for an award under this 21 program; (ii) for a student who receives educational grants and/or scho- 22 larships that cover less than the student's full cost of attendance, 23 such grants and/or scholarships shall not be deemed duplicative of this 24 program and may be held concurrently with an award under this program, 25 provided that the combined benefits do not exceed the student's full 26 cost of attendance; and (iii) an award under this program shall be 27 applied to tuition after the application of all other educational grants 28 and scholarships limited to tuition and shall be reduced in an amount 29 equal to such educational grants and/or scholarships. Upon notification 30 of an award under this program, the institution shall defer the amount 31 of tuition equal to the award. No award shall be final until the recipi- 32 ent's successful completion of a term has been certified by the institu- 33 tion. 34 b. The corporation shall convert to a student loan the full amount of 35 the award given pursuant to this section, plus interest, according to a 36 schedule to be determined by the corporation if: (i) a recipient fails 37 to complete an approved undergraduate nursing program or changes majors; 38 or (ii) upon completion of such undergraduate nursing degree program a 39 recipient fails to either (a) complete five years of continuous full- 40 time employment as a registered nurse in a designated nursing shortage 41 area within New York state, or (b) maintain residency in New York state 42 for such period of employment; or (iii) a recipient fails to respond to 43 requests by the corporation for the status of his or her academic or 44 professional progress. The terms and conditions of this subdivision 45 shall be deferred for individuals who graduate with a degree in an 46 approved undergraduate program in nursing and enroll on at least a half- 47 time basis in a graduate nursing or higher degree nursing program and 48 shall also be deferred for any interruption in undergraduate study or 49 employment as established by the rules and regulations of the corpo- 50 ration. The terms and conditions of this subdivision may also be 51 deferred for a grace period, to be established by the corporation, 52 following the completion of an approved undergraduate program in nursing 53 or a graduate nursing or higher degree nursing program. Any obligation 54 to comply with such provisions as outlined in this section shall be 55 cancelled upon the death of the recipient. Notwithstanding any 56 provisions of this subdivision to the contrary, the corporation isS. 8175--A 4 1 authorized to promulgate rules and regulations to provide for the waiver 2 or suspension of any financial obligation which would involve extreme 3 hardship. 4 5. Rules. The corporation is authorized to promulgate rules and regu- 5 lations, and may promulgate emergency regulations, necessary for the 6 implementation of the provisions of this section, including, but not 7 limited to, the rate of interest charged for repayment of the student 8 loan and the criteria for distributing the awards, which may include a 9 lottery or other form of random selection for awards distributed pursu- 10 ant to subdivision two of this section. 11 § 4. The education law is amended by adding a new section 679-c-2 to 12 read as follows: 13 § 679-c-2. Pathway to nursing scholarship for healthcare workers. 1. 14 Purpose. The New York state pathway to nursing scholarship is hereby 15 established for the purpose of granting scholarships to students who are 16 currently employed as a healthcare worker within the state. Such 17 students must be enrolled in an undergraduate nursing program on a part- 18 time basis or an approved practical nursing program of study in New York 19 state. The intent of the program is to augment or increase training 20 programs for nurses and those seeking to become nurses. Grant funding 21 shall not be used to offset existing expenditures the institution or 22 program has obligated or intends to obligate for such training programs. 23 2. Eligibility. To be eligible for such awards, an applicant must: 24 a. be a New York state resident; 25 b. be currently employed as an eligible healthcare professional, as 26 determined by the president; 27 c. be, as of the two thousand twenty-two--two thousand twenty-three 28 academic year or thereafter, enrolled in either: (i) an approved under- 29 graduate nursing program of study, on a part-time basis, in a New York 30 state post-secondary institution; or (ii) an approved practical nursing 31 program of study in New York state; and 32 d. sign a contract with the corporation agreeing to reside and prac- 33 tice exclusively in the state as a registered nurse in a healthcare 34 setting on a full-time basis in a designated nursing shortage area. 35 3. Priority. a. The president is authorized to make scholarship awards 36 pursuant to this section to provide financial support to applicants to 37 enter or continue in an undergraduate nursing or practical nursing 38 program of study. Such awards shall be made to eligible applicants in 39 the following priority: 40 (i) first, to applicants who have received payment of an award pursu- 41 ant to this section in a prior year and remain in good academic stand- 42 ing; and 43 (ii) second, to applicants in descending order based on the unmet need 44 to reach the full cost of attendance as indicated on the financial aid 45 award letter. 46 However, in the program's first year, first priority shall be in 47 accordance with subparagraph (ii) of this paragraph. 48 b. The regents, after consultation with the commissioner of health, 49 shall designate those areas of New York state which have a shortage of 50 nurses for the purposes of this subdivision and, should it be necessary, 51 may establish relative rankings of those areas. The regents shall deter- 52 mine the number of scholarships to be awarded each year and shall direct 53 that the awards are distributed to ensure appropriate distribution among 54 the areas identified as nursing shortage areas. 55 4. Award. a. The corporation shall grant such awards in an amount 56 equal to the amount of undergraduate tuition for residents of New YorkS. 8175--A 5 1 state enrolled in a nursing program of study charged by the state 2 university of New York or actual tuition charged, whichever is less, in 3 calculating such award the corporations shall account for the average 4 cost of books and fees; provided, however, (i) a student who receives 5 educational grants and/or scholarships that cover the student's full 6 cost of attendance shall not be eligible for an award under this 7 program; 8 (ii) for a student who receives educational grants and/or scholarships 9 that cover less than the student's full cost of attendance, such grants 10 and/or scholarships shall not be deemed duplicative of this program and 11 may be held concurrently with an award under this program, provided that 12 the combined benefits do not exceed the student's full cost of attend- 13 ance; and 14 (iii) an award under this program shall be applied to tuition after 15 the application of all other educational grants and scholarships limited 16 to tuition and shall be reduced in an amount equal to such educational 17 grants and/or scholarships. Upon notification of an award under this 18 program, the institution shall defer the amount of tuition equal to the 19 award. No award shall be final until the recipient's successful 20 completion of a term has been certified by the institution. 21 b. The corporation shall convert to a student loan the full amount of 22 the award given pursuant to this section, plus interest, according to a 23 schedule to be determined by the corporation if: (i) a recipient fails 24 to complete an approved undergraduate nursing program or changes majors; 25 or (ii) upon completion of such undergraduate nursing degree program a 26 recipient fails to either (a) complete five years of continuous full- 27 time employment as a registered nurse in a designated nursing shortage 28 area within New York state, or (b) maintain residency in New York state 29 for such period of employment; or (c) a recipient fails to respond to 30 requests by the corporation for the status of his or her academic or 31 professional progress. 32 c. The terms and conditions of this subdivision shall be deferred for 33 individuals who graduate with a degree in an approved undergraduate 34 program in nursing and enroll on at least a half-time basis in a gradu- 35 ate nursing or higher degree nursing program and shall also be deferred 36 for any interruption in undergraduate study or employment as established 37 by the rules and regulations of the corporation. The terms and condi- 38 tions of this subdivision may also be deferred for a grace period, to be 39 established by the corporation, following the completion of an approved 40 undergraduate program in nursing or a graduate nursing or higher degree 41 nursing program. Any obligation to comply with such provisions as 42 outlined in this section shall be cancelled upon the death of the recip- 43 ient. Notwithstanding any provisions of this subdivision to the contra- 44 ry, the corporation is authorized to promulgate rules and regulations to 45 provide for the waiver or suspension of any financial obligation which 46 would involve extreme hardship. 47 5. Stipends. a. The president is authorized to grant stipends to 48 students receiving an award pursuant to this section. Stipends shall be 49 awarded as follows: 50 (i) a stipend of not less than one hundred fifty dollars and not more 51 than two hundred dollars for each day the student attends school; 52 (ii) a stipend in an amount to cover the cost of such student's trans- 53 portation to and from school; 54 (iii) a stipend in an amount to cover child care services for such 55 student, if such student has one or more children; and 56 (iv) a stipend in an amount to cover tutoring services.S. 8175--A 6 1 b. Stipends granted pursuant to this subdivision are not subject to 2 the provisions of paragraph b of subdivision four of this section. 3 6. Rules. The corporation is authorized to promulgate rules and regu- 4 lations, and may promulgate emergency regulations, necessary for the 5 implementation of the provisions of this section, including, but not 6 limited to, the rate of interest charged for repayment of the student 7 loan and the criteria for distributing the awards, which may include a 8 lottery or other form of random selection for awards distributed pursu- 9 ant to subdivision two of this section. 10 § 5. Paragraphs 2 and 3 of subdivision a and subdivision b of section 11 679-d of the education law, as amended by section 2 of part E-3 of chap- 12 ter 57 of the laws of 2007, are amended to read as follows: 13 (2) To be eligible for an award pursuant to this subdivision, appli- 14 cants shall (i) be licensed as a registered professional nurse; (ii) 15 have an outstanding student loan debt from a nursing degree program 16 acquired on or after January first, two thousand one; (iii) have a 17 master's degree in nursing or doctoral degree that qualified them as 18 nursing faculty or adjunct clinical faculty; (iv) be employed as a 19 faculty member at a nursing school located in New York state; and (v) 20 comply with [subdivisions three and] subdivision five of section six 21 hundred sixty-one of this part. 22 (3) An award of [eight] fifteen thousand dollars shall be made annual- 23 ly to recipients who have provided classroom or clinical instruction of 24 not less than twelve academic credit hours, or its equivalent, as nurs- 25 ing faculty or in clinical teaching service in the academic year preced- 26 ing the granting of the award, provided that no recipient shall receive 27 cumulative awards, pursuant to this section, in excess of [forty] sixty 28 thousand dollars. 29 b. Duration. Loan forgiveness awards shall be made annually to appli- 30 cants whom the corporation has certified are eligible to receive such 31 awards and have provided nursing faculty or clinical nurse faculty 32 services required pursuant to this article; provided that no award shall 33 be granted for more than [five] four years. 34 § 6. The education law is amended by adding a new section 679-d-1 to 35 read as follows: 36 § 679-d-1. New York state nursing shortage loan forgiveness incentive 37 program. a. Purpose. (1) The president shall grant student loan forgive- 38 ness awards for the purpose of increasing the number of registered 39 professional nurses, licensed practical nurses, and nurse practitioners 40 working for healthcare providers or facilities in a setting or region of 41 the state designated as having a shortage of nurses. 42 (2) To be eligible for an award pursuant to this subdivision, appli- 43 cants shall (i) be licensed as a registered professional nurse; (ii) 44 have an outstanding student loan debt from a recognized nursing program 45 as of January first, two thousand two; (iii) be employed as a nurse by a 46 healthcare provider or facility in the state; and (iv) comply with 47 subdivision five of section six hundred sixty-one of this part. 48 (3) An award of eight thousand dollars shall be made annually to 49 recipients who have practiced on a full-time basis in a setting or 50 region of the state designated as having a shortage of nurses pursuant 51 to subdivision three of section six hundred seventy-nine-c-1 and subdi- 52 vision three of section six hundred seventy-nine-c-2 of this chapter, 53 provided that no recipient shall receive cumulative awards, pursuant to 54 this section, in excess of forty thousand dollars. 55 (4) Award recipients shall be eligible to apply for other awards.S. 8175--A 7 1 b. Duration. Loan forgiveness awards shall be made annually to appli- 2 cants whom the corporation has certified are eligible to receive such 3 awards and have provided nursing services required pursuant to this 4 article; provided that no award shall be granted for more than five 5 years. 6 c. Amount. The corporation shall grant such awards within the amounts 7 appropriated for such purpose and based on availability of funds in an 8 amount not to exceed the total cost of the student loan debt. 9 § 7. Article 14 of the education law is amended by adding a new part 6 10 to read as follows: 11 PART VI 12 NEW YORK NURSING FACULTY STUDENT LOAN REFINANCING PROGRAM 13 Section 694-c. Definitions. 14 694-d. New York nursing faculty student loan refinancing program 15 694-e. Program eligibility. 16 694-f. Program. 17 694-g. Repayment. 18 § 694-c. Definitions. For purposes of this part, the following terms 19 shall have the following meanings: 20 1. "Education loan" shall mean any student loan that the state refi- 21 nances under the program that was obtained by a borrower for the 22 purposes of acquiring an undergraduate nursing and graduate nursing 23 degree from a college or university located in the state, provided, 24 however, that loans provided by the federal government, or loans 25 provided at an interest rate at or lower than the current federal loan 26 interest rate shall not be eligible for refinancing under the program. 27 2. "Participant" shall mean an individual who has incurred student 28 loan debt from a lending institution or lender to cover the cost of 29 tuition associated with an undergraduate nursing and graduate nursing 30 degree from a college or university located in the state and has applied 31 to participate and been accepted to participate in the program. 32 3. "Lending institution" or "lender" shall mean any entity that has 33 itself or through an affiliate provided student loans to an eligible 34 participant. 35 4. "Program" shall mean the New York nursing faculty student loan 36 refinancing program. 37 5. "Fund" shall mean the New York nursing faculty student loan refi- 38 nancing program fund established pursuant to section ninety-nine-oo of 39 the state finance law. 40 § 694-d. New York nursing faculty student loan refinancing program. 41 1. The New York nursing faculty student loan refinancing program is 42 hereby established for the purposes of relieving student debt by direct- 43 ly paying an eligible participant's loan debt to the lending institution 44 or lender and providing a repayment plan whereby payments will be depos- 45 ited in the fund. 46 2. The corporation shall promulgate rules and regulations for the 47 administration of this program and shall manage the fund in consultation 48 with the office of the comptroller. 49 3. The corporation shall determine additional requirements for eligi- 50 ble participants, other than those specified in section six hundred 51 ninety-four-e of this part, shall set a fixed interest rate for the 52 repayment of refinanced loans, which shall be lower than the average 53 market rate for private student loans, and shall establish an applica- 54 tion process for the program. 55 4. The corporation shall determine appropriate payment deferment and 56 forbearance options for loss of employment or extreme hardship.S. 8175--A 8 1 § 694-e. Program eligibility. To be eligible for this program a 2 participant shall: 3 1. be licensed as a registered professional nurse; 4 2. have an outstanding student loan debt from a nursing degree 5 program; 6 3. have a master's degree in nursing or doctoral degree from a college 7 or university in the state that qualified them as nursing faculty or 8 adjunct clinical faculty; 9 4. be employed as a faculty member at a nursing program located in New 10 York state; 11 5. agree to sign a contract with the corporation to allow a direct 12 withdrawal of payments from their pay checks until the debt obligation 13 is paid in full; and 14 6. sign a contract with the corporation agreeing to provided classroom 15 or clinical instruction of not less than twelve academic credit hours, 16 or its equivalent, as nursing faculty or in clinical teaching service 17 for at least five academic years. 18 § 694-f. Program. 1. The corporation shall make lump sum payments to 19 lending institutions or lenders to pay eligible participants' education 20 loans out of the funds appropriated to the fund for the purposes of this 21 program in amounts not to exceed fifty thousand dollars per participant. 22 2. Loans that the participant acquired from the federal government or 23 those loans that have a fixed interest rate provided at an interest rate 24 at or lower than the current federal loan interest rate shall not be 25 eligible for acquisition under the program. 26 § 694-g. Repayment. 1. Participants shall repay the total cost of the 27 debt obligation to the fund at an interest rate determined by the corpo- 28 ration according to the following: 29 a. During the first five years of participation in the program, the 30 participant shall pay three percent of the salary earned per year during 31 each of those years; 32 b. During the next five years of participation in the program, the 33 participant shall pay five percent of the salary earned per year during 34 each of those years; 35 c. During the eleventh year of participation and each year thereafter 36 until the debt obligation is paid in full, the participant shall pay 37 eight percent of the salary earned per year during each of those years. 38 2. There shall be no pre-payment penalties under the program and 39 repayment schedules may be calculated at a higher percentage rate per 40 year of salary if the participant chooses or requests a faster repayment 41 option. 42 § 8. The state finance law is amended by adding a new section 99-oo to 43 read as follows: 44 § 99-oo. New York nursing faculty student loan refinancing program 45 fund. 1. There is hereby established within the custody of the New York 46 state higher education services corporation, in consultation with the 47 state comptroller, or his or her designee, a fund to be known as the New 48 York nursing faculty student loan refinancing program. 49 2. All monies received pursuant to the New York nursing faculty 50 student loan refinancing program shall be deposited into the fund and 51 shall be managed pursuant to part six of article fourteen of the educa- 52 tion law. 53 3. All necessary rules and regulations for the successful adminis- 54 tration, investment and management of such fund shall be promulgated by 55 the New York state higher education services corporation, in consulta- 56 tion with the state comptroller, or his or her designee.S. 8175--A 9 1 § 9. The public health law is amended by adding a new section 2801-i 2 to read as follows: 3 § 2801-i. Nurse training; certain required training. 1. Each general 4 hospital and nursing home licensed pursuant to the provisions of this 5 article which offers clinical placements for registered professional 6 nurses, licensed practical nurses, nurse practitioners or certified 7 nurse specialists may not charge any fee for such clinical placement 8 either to the student, or to the institution, for any costs it incurs in 9 hosting such clinical hours. 10 2. Nothing contained herein, shall prevent a hospital from charging an 11 institution an administrative fee for the provision of administrative or 12 recordkeeping requirements as part of the program provided such amounts 13 do not exceed one thousand dollars per annum. 14 3. The commissioner shall be empowered to promulgate regulations 15 necessary to ensure access to such clinical placements and shall be 16 empowered to promulgate such regulations on an emergency basis. 17 § 10. The education law is amended by adding a new section 6912 to 18 read as follows: 19 § 6912. Authorization for the use of simulation training. Notwith- 20 standing any other law, rule or regulation to the contrary, the commis- 21 sioner shall be authorized to permit no more than fifty percent of the 22 clinical training requirements for licensure or license renewal as a 23 practical nurse, registered professional nurse, nurse practitioner, or 24 clinical nurse specialist to be satisfied through simulation training in 25 such form as the department shall require. 26 § 11. Section 212 of the retirement and social security law is amended 27 by adding a new subdivision 4 to read as follows: 28 4. Notwithstanding the provisions of subdivisions one and two of this 29 section, such earning limitations shall not apply to a retired person 30 who is licensed as a registered professional nurse and currently 31 employed as a faculty member at a nursing program located in New York 32 state. 33 § 12. Subsection (i) of section 601 of the tax law is relettered 34 subsection (j) and a new subsection (i) is added to read as follows: 35 (i) A retired person, as defined by section two hundred ten of the 36 retirement and social security law, subject to the provisions of this 37 section, who is licensed as a registered professional nurse and current- 38 ly employed as a faculty member at a nursing program located in New York 39 state shall have no more than one-half of their taxable income taxed by 40 the state. 41 § 13. Temporary authorization for the teaching of nurse courses. 42 Notwithstanding any other law, rule or regulation to the contrary, for a 43 period not to exceed five years from the effective date of this section, 44 the department of education shall allow an eligible registered profes- 45 sional nurse to teach nursing courses at an institution of higher educa- 46 tion. To be eligible, such registered professional nurse shall have the 47 necessary credentials and years of work experience as determined by the 48 department of education. 49 § 14. Section 6502 of the education law is amended by adding a new 50 subdivision 8 to read as follows: 51 8. 1. a. Notwithstanding any other law, rule or regulation to the 52 contrary, the commissioner shall be authorized to allow registered 53 professional nurses, licensed practical nurses, and nurse practitioners 54 licensed and in current good standing in New York state but not regis- 55 tered in New York state to practice in New York state without civil or 56 criminal penalty related to lack of registration, provided that suchS. 8175--A 10 1 registered professional nurses, licensed practical nurses, and nurse 2 practitioners gain direct employment with a healthcare provider or 3 facility in a setting or region of the state designated by the regents, 4 in consultation with the commissioner of health, as having a shortage of 5 nurses. 6 b. Notwithstanding any other law, rule or regulation to the contrary, 7 the commissioner shall be authorized to allow clinical nurse specialists 8 who have an unencumbered license and in current good standing in New 9 York state but not registered in New York state to practice in New York 10 state without civil or criminal penalty related to lack of registration, 11 provided that such clinical nurse specialists gain direct employment 12 with a healthcare provider or facility in a setting or region of the 13 state designated by the regents, in consultation with the commissioner 14 of health, as having a shortage of nurses. 15 2. Such registered professional nurses, licensed practical nurses, 16 nurse practitioners, and clinical nurse specialists shall be required to 17 fulfill the registration requirements pursuant to this article and arti- 18 cle one hundred thirty-nine of this chapter no later than two years 19 after gaining such employment. 20 3. The commissioner is authorized to promulgate rules and regulations, 21 and may promulgate emergency regulations, necessary for the implementa- 22 tion of the provisions of this subdivision. 23 § 15. The education law is amended by adding a new section 6517 to 24 read as follows: 25 § 6517. Nurses not licensed by the state. 1. (a) Notwithstanding any 26 other law, rule or regulation to the contrary, the commissioner shall be 27 authorized to allow registered nurses, licensed practical nurses, and 28 nurse practitioners and substantially similar titles licensed and in 29 current good standing in any state in the United States to practice in 30 New York state, or any province or territory of Canada, or any other 31 country as approved by the department of health, to practice in New York 32 state without civil or criminal penalty related to lack of licensure, 33 provided that such registered professional nurses, licensed practical 34 nurses, and nurse practitioners and substantially similar titles gain 35 direct employment with a healthcare provider or facility in a setting or 36 region identified as having a shortage of nurses pursuant to subdivision 37 three of section six hundred seventy-nine-c-1 and subdivision three of 38 section six hundred seventy-nine-c-2. 39 (b) Such registered nurses, licensed practical nurses, and nurse prac- 40 titioners and substantially similar titles shall be required to fulfill 41 the licensure and registration requirements pursuant to this article and 42 article one hundred thirty-nine of this chapter no later than two years 43 after gaining such employment. 44 2. (a) Nurses not certified by the state. Notwithstanding any other 45 law, rule or regulation to the contrary, the commissioner shall be 46 authorized to allow clinical nurse specialists and substantially similar 47 titles certified and in current good standing in any state in the United 48 States, or any province or territory of Canada, or any other country as 49 approved by the department of health to practice in New York state with- 50 out civil or criminal penalty related to lack of certification, provided 51 that such registered professional nurses, licensed practical nurses, and 52 nurse practitioners gain direct employment with a healthcare provider or 53 facility identified as having a shortage of nurses pursuant to subdivi- 54 sion three of section six hundred seventy-nine-c-1 and subdivision three 55 of section six hundred seventy-nine-c-2.S. 8175--A 11 1 (b) Such clinical nurse specialists and substantially similar titles 2 shall be required to fulfill the certification requirements pursuant to 3 this article and article one hundred thirty-nine of this chapter no 4 later than two years after gaining such employment. 5 3. The commissioner is authorized to promulgate rules and regulations, 6 and may promulgate emergency regulations, necessary for the implementa- 7 tion of the provisions of this section. 8 § 16. The public health law is amended by adding a new section 2807-mm 9 to read as follows: 10 § 2807-mm. Nurse loan repayment program. 1. (a) Funds shall be made 11 available, subject to appropriations, for purposes of loan repayment in 12 accordance with the provisions of this section. Notwithstanding any 13 contrary provision of this article, sections one hundred twelve and one 14 hundred sixty-three of the state finance law, or any other contrary 15 provision of law, such funding shall be allocated by the commissioner 16 among areas identified as having a shortage of nurses pursuant to subdi- 17 vision three of section six hundred seventy-nine-c-1 and subdivision 18 three of section six hundred seventy-nine-c-2 and shall be distributed 19 in a manner to be determined by the commissioner without a competitive 20 bid or request for proposal processes. 21 (b) To be eligible for such funding an applicant shall: 22 (i) be a New York state resident; 23 (ii) be licensed as a registered professional nurse; 24 (iii) have an outstanding student loan debt from a recognized nursing 25 program as of January first, two thousand two; 26 (iv) be employed as a nurse by a nursing home licensed pursuant to the 27 provisions of this article; and 28 (v) sign a contract with the department agreeing to reside and prac- 29 tice exclusively in the state as a registered nurse in a nursing home 30 setting on a full-time basis in a designated nursing shortage area. 31 (c) Applicants shall receive funding for up to twenty-five percent of 32 their total qualified debt. Annual payments to such nurses shall not 33 exceed eight thousand dollars per year and not exceed the total loan 34 debt held by the nurse. 35 (d) When a nurse is not actually practicing in such an area, he or she 36 shall be deemed to be practicing in such an area if he or she practices 37 in a nursing facility that primarily serves an underserved population as 38 determined by the commissioner, without regard to whether the population 39 or nursing facility is located in such an area. Such funding may be used 40 to repay educational loans incurred by such nurses or to support the 41 costs incurred by such nurses to join facilities located in such areas. 42 (e) Loan repayment awards made to a nurse pursuant to paragraph (a) of 43 this subdivision shall not exceed the total qualifying outstanding debt 44 of the nurse from student loans to cover tuition and other related 45 educational expenses made by or guaranteed by the federal or state 46 government, or made by a lending or educational institution approved 47 under title IV of the federal higher education act. Loan repayment 48 awards shall be used solely to repay such outstanding debt. 49 2. In the event that a four-year commitment pursuant to the agreement 50 referenced in paragraph (b) of subdivision one of this section is not 51 fulfilled, the recipient shall be responsible for repayment in full plus 52 interest, according to a schedule to be determined by the commissioner. 53 3. The commissioner may postpone, change or waive the service obli- 54 gation and repayment amounts in individual circumstances where there is 55 compelling need or hardship.S. 8175--A 12 1 4. In making criteria and determinations as to whether an area is an 2 underserved area or whether a nursing home primarily serves an under- 3 served population, the commissioner may make separate criteria and 4 determinations for different specialties. 5 § 17. The public health law is amended by adding a new section 6 2807-mmm to read as follows: 7 § 2807-mmm. Nursing preceptor support fund. 1. Definitions. a. "Nurs- 8 ing preceptor clinician" means a (i) registered professional nurse 9 licensed pursuant to section sixty-nine hundred five of the education 10 law, (ii) nurse practitioner certified pursuant to section sixty-nine 11 hundred ten of the education law, or (iii) clinical nurse specialist 12 certified pursuant to section sixty-nine hundred eleven of the education 13 law, or, who provides a clinical preceptorship or preceptorships. 14 b. "Nursing clinical preceptorship" means a clinical nursing practice 15 supervised by a nursing preceptor clinician for nursing students 16 enrolled in a New York state based educational program approved pursuant 17 to title eight of the education law to become a registered professional 18 nurse, nurse practitioner, or clinical nurse specialist, and which 19 preceptorship provides preceptor instruction. 20 2. Nursing preceptor support fund. a. Notwithstanding any contrary 21 provision of this section, sections one hundred twelve and one hundred 22 sixty-three of the state finance law, or any other contrary provision of 23 law, such funding shall be allocated to hospitals and nursing homes 24 licensed pursuant to the provisions of this article in a manner to be 25 determined by the commissioner. 26 b. Funding awarded pursuant to the provisions of this section shall 27 not exceed two hundred thousand dollars for any hospital or nursing 28 home. Awards shall be used to: 29 (i) provide additional compensation to preceptors; 30 (ii) provide stipends to students enrolled in a nursing graduate 31 program of study located in the state to provide nursing clinical 32 preceptorships; 33 (iii) ensure nursing preceptor clinicians are given a certain number 34 of dedicated hours, to be determined by the commissioner, to monitor 35 nursing students and teach the didactic portion of nursing clinical 36 preceptorships; and 37 (iv) cover the costs associated with any continuing education require- 38 ments the nursing preceptor clinician must satisfy. 39 § 18. The public health law is amended by adding a new section 2801-j 40 to read as follows: 41 § 2801-j. Nursing residency program in hospitals and nursing homes. 42 1. Each general hospital and nursing home licensed pursuant to the 43 provisions of this article may partner with a post-secondary institution 44 within the state to create a proposal for the development and implemen- 45 tation or improvement and continuation of a nursing residency program. 46 Such proposals shall be subject to approval by the department. 47 2. The purpose of such nursing residency programs shall be to assist 48 recent graduates transition to specialty practice areas as well as 49 assist experienced nurses in transitioning to a different specialty 50 practice area. 51 3. The department shall, in collaboration with the state education 52 department, determine if the proposals submitted appropriately incorpo- 53 rate an evidence-based curriculum designed to decrease turnover, improve 54 decision-making skills, enhance clinical nursing leadership practices, 55 promote the use of research-based evidence into practice and accomplish 56 any other goals as determined by the commissioner.S. 8175--A 13 1 4. If the commissioner determines the proposals submitted satisfy the 2 purpose and criteria detailed in subdivisions two and three of this 3 section, the commissioner may release funds to the general hospital or 4 nursing home which submitted the plan to offset the costs of developing 5 and implementing the nursing residency program. 6 5. The corporation is authorized to promulgate rules and regulations, 7 and may promulgate emergency regulations, necessary for the implementa- 8 tion of the provisions of this section. 9 § 19. 1. The commissioner of education in consultation with the 10 commissioner of health is hereby authorized and directed to conduct a 11 study on the reasons registered professional nurses are no longer 12 employed in a health care setting and if there is an incentive or incen- 13 tives that would encourage registered professional nurses to return to 14 employment in a health care setting. Such study shall include, but not 15 be limited to: 16 (a) the demographics of registered professional nurses who are no 17 longer employed in a health care setting, including, but not limited to 18 age, race, gender and place of residence; 19 (b) the reasons registered professional nurses are no longer employed 20 in a health care setting, including, but not limited to stress, work 21 hours, location of employment and salary; 22 (c) the number of registered professional nurses who are not employed 23 in a health care setting; and 24 (d) the incentive or incentives that would encourage registered 25 professional nurses to return to employment in a health care setting. 26 2. Within one year of the effective date of this act, the commissioner 27 of education shall post a report on the department of education's 28 website and deliver such report to the governor, the temporary president 29 of the senate, the speaker of the assembly, the minority leader of the 30 senate and the minority leader of the assembly. The report shall include 31 recommendations for legislation and administrative actions that can be 32 undertaken to retain or encourage registered professional nurses to work 33 in a health care setting. 34 § 20. This act shall take effect immediately.
