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.

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S1223-2011 Actions

• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Jan 6, 2011: REFERRED TO HIGHER EDUCATION

S1223-2011 Memo

BILL NUMBER:S1223

TITLE OF BILL:
An act
to amend the education law, in relation to the educational preparation
for practice of professional nursing

PURPOSE:
To expand the educational preparation of registered
professional nurses to require that a baccalaureate degree be
obtained within ten years after initial licensure while maintaining
the multiple entry points into the profession.

SUMMARY OF LEGISLATION:
Section 1: Delineates the requirement and
rationale for obtaining a baccalaureate degree within ten years of
original licensure.

Section 2. Subdivision 2 of section 6905 of the education law, as
amended by chapter 994 of the laws of 1971 and such section as
renumbered by chapter 50 of the laws of 1972, is amended.

1) make provision for SED to issue a conditional registration to a
licensee who fails to complete the baccalaureate degree but who
agrees to meet the additional requirement within a year;

2) outline the additional fee for such conditional registration;

3) provide for a one year conditional registration which may be
extended, with the payment of a fee, for no more than one additional
year;

4) call for disciplinary proceedings to be taken against any licensee
who is notified of the denial of registration for failure to complete
the additional educational requirements and who practices as a
registered professional nurse without such registration under section
sixty-five hundred ten of this title.

Section 3. Outlines that the provisions of this act shall not apply to:

a) any student entering a generic baccalaureate program preparing
registered professional nurses after the effective date of this act
b) any student currently enrolled in, or having an application
pending in, a program preparing registered nurses as of the effective
date of this act; and

c) any person already licensed as a registered professional nurse or
any unlicensed graduate professional nurse who is eligible to take
the National Council Licensure Examination as of the effective date
of this act.
Section 4. Effective Date

JUSTIFICATION:
The National Advisory Council on Nursing Education and
Practice, policy advisors to Congress and the U.S. Secretary of
Health and Education recommended that by 2010, two-thirds of nurses


should hold a baccalaureate or higher degree. This position was based
on their analysis of evolving needs associated with patient care and
public protection.

30 nursing credits in addition to liberal arts and sciences credits
that could be applied to the 120 credits for the baccalaureate degree
for prior completion of course work at the associate degree level.

There are also ever increasing opportunities in New York for distance
learning and other innovative teaching strategies that support the
registered professional nurses in achieving the additional education
required by this bill. Given the enhancements to the compatibility
between associate and baccalaureate nursing programs and the ever
increasing options for advanced placement and distance ,earning, this
bill can be implemented without disadvantaging future new graduates.

By requiring the baccalaureate degree for continued registration as a
registered professional nurse, this bill seeks to be responsive to
meet the increasingly complex health care needs of the residents of
New York State.

LEGISLATIVE HISTORY:
Similar legislation was previously introduced.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately and the
commissioner is authorized to promulgate any rule or regulation
necessary to implement the provisions of this act.

S1223-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    1223

                         2011-2012 Regular Sessions

                              I N  SENATE

                               January 6, 2011
                                 ___________

  Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Higher Education

  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:


    Section  1.  The  legislature  hereby finds and declares that with the
  increasing complexity of the  American  healthcare  system  and  rapidly
  expanding  technology,  the  educational  preparation  of the registered
  professional nurse must be expanded. The nurse of  the  future  must  be
  prepared  to  partner  with  multiple  disciplines as a collaborator and
  manager of the complex patient care journey. Shorter lengths  of  stays,
  higher  patient  acuity,  and more sophisticated technologies and proce-
  dures are increasing the complexity of patient  care  -  which  in  turn
  places  great  demands  on  nursing  competencies.  Other  countries are
  responding to these changes by requiring the baccalaureate degree as  an
  entry  requirement  for  nursing  licensure  while other professions are
  demanding master and doctoral degrees  as  their  entry  point.  Several
  recent  research  studies  clearly  demonstrate the added value of addi-
  tional education in relation to improved  patient  outcomes;  one  study
  demonstrates  that  each ten percent increase in the number of baccalau-
  reate prepared nurses results in a five  percent  decrease  in  surgical
  patient  deaths.  Therefore,  the  legislature  finds that expanding the
  educational requirements for the profession of nursing, while  maintain-
  ing the multiple entry points into the profession, is needed.  This bill
  affects  future nurses graduating from associate degree or diploma nurs-
  ing programs who would be required to obtain a baccalaureate in  nursing
  within  ten  years  of initial licensure. All current nurses licensed in
  New York and students in programs preparing for registered  professional
  nursing  are  to be exempt from the new requirement. This legislation is
  mirrored after the progressive education requirement for teachers in New

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD05299-01-1

 S. 1223                             2

  York state. Numerous regulatory and accrediting bodies have  recommended
  this  change  as  a  means  to  address sophisticated patient care needs
  resulting from shorter lengths of stay, higher acuity and more sophisti-
  cated  interventions.  This  proposal is the result of a growing body of
  research evidence that additional education results  in  better  patient
  outcomes.  Therefore by requiring the baccalaureate degree for continued
  registration as a registered professional nurse this bill  seeks  to  be
  responsive  to  meet  the  increasingly complex health care needs of the
  residents of New York state.
    S 2. Subdivision 2 of section 6905 of the education law, as amended by
  chapter 994 of the laws of 1971 and such section as renumbered by  chap-
  ter 50 of the laws of 1972, is amended to read as follows:

    (2)  Education: have received an education, and a diploma or degree in
  professional nursing, in accordance with the commissioner's regulations,
  AND IN ORDER TO  CONTINUE  TO  MAINTAIN  REGISTRATION  AS  A  REGISTERED
  PROFESSIONAL  NURSE  IN  NEW  YORK  STATE, HAVE ATTAINED A BACCALAUREATE
  DEGREE IN NURSING WITHIN TEN YEARS OF INITIAL  LICENSURE  IN  ACCORDANCE
  WITH  THE  COMMISSIONER'S REGULATIONS. IN ITS DISCRETION, THE DEPARTMENT
  MAY ISSUE A CONDITIONAL REGISTRATION TO A LICENSEE WHO FAILS TO COMPLETE
  THE BACCALAUREATE DEGREE BUT WHO AGREES TO MEET THE ADDITIONAL  REQUIRE-
  MENT  WITHIN ONE YEAR. THE FEE FOR SUCH A CONDITIONAL REGISTRATION SHALL
  BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIENNIAL  REGISTRA-
  TION.  THE  DURATION  OF  SUCH CONDITIONAL REGISTRATION SHALL BE FOR ONE
  YEAR AND MAY BE EXTENDED, WITH THE PAYMENT OF A FEE, FOR  NO  MORE  THAN
  ONE  ADDITIONAL  YEAR.  ANY  LICENSEE WHO IS NOTIFIED OF THE DENIAL OF A
  REGISTRATION FOR FAILURE TO COMPLETE THE ADDITIONAL EDUCATIONAL REQUIRE-
  MENTS AND WHO PRACTICES AS A REGISTERED PROFESSIONAL NURSE WITHOUT  SUCH
  REGISTRATION  MAY  BE  SUBJECT  TO  DISCIPLINARY PROCEEDINGS PURSUANT TO
  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE;
    S 3. The provisions of this act shall not apply to:

    a. any student entering  a  generic  baccalaureate  program  preparing
  registered professional nurses after the effective date of this act;
    b. any student currently enrolled in, or having an application pending
  in,  a  program  preparing registered nurses as of the effective date of
  this act;
    c. any person already licensed as a registered professional  nurse  or
  any  unlicensed  graduate professional nurse who is eligible to take the
  National Council Licensure Examination as of the effective date of  this
  act.
    S  4.  This  act shall take effect immediately and the commissioner of
  education is authorized to promulgate any rule or  regulation  necessary
  to implement the provisions of this act.