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BILL NUMBER:S522A

TITLE OF BILL: An act to amend the education law, in relation to certification as a clinical nurse specialist (CNS)

PURPOSE: The purpose of this legislation is to establish certification for clinical nurse specialists and to protect the title "clinical nurse specialist" and the designation "CNS" to ensure that only those properly educated and prepared to be clinical nurse specialists hold themselves out as such.

SUMMARY OF PROVISIONS: Section 1 amends the education law by establishing criteria for certification as a clinical nurse specialist, including application filing, license requirements, education and certification fees. Establishes that only certified persons may use the title "clinical nurse specialist".

Section 2 establishes special provisions regarding existing laws, rules, regulations or certification standards. Additionally, the provisions of this bill will not apply to any registered nurse activity already authorized by statute, rule or regulation as defined in article 28 of the public health law.

Section 3 authorizes the commissioner to promulgate rules and regulations.

Section 4 sets forth the effective date.

JUSTIFICATION: Protecting the title of clinical nurse specialists (CNS) is necessary to maintain safe patient care and to ensure that only those who are properly educated and qualified are performing CNS services. Competencies for CNS practice have been nationally validated and recognized. CNS practice has demonstrated better patient outcomes with fewer patient complications, decreased re-admission rates and cost savings. This has been established in peer-reviewed literature.

With the health care environment growing increasingly complex due to new technologies and treatment modalities, title protection for CNS is essential for the public's protection. CNS play an essential role in providing high quality, evidence-based care. CNS function in a wide range of specialty areas including oncology, pediatrics, geriatrics, psychiatric/mental health, adult health, critical care and community, health. The CNS role includes direct care to complex patients; mentoring and consultation to nursing staff; research;

management and systems improvements. All of these functions are geared toward optimizing the use of evidence-based practices and improved patient outcomes.

Providing title protection for these professionals will enable the state to identify those nurses who have been properly educated to provide specialized care and will prohibit health care facilities from inappropriately utilizing unqualified persons in the CNS role. This bill will also help ensure that unqualified individuals do not present themselves as CNS. Enacting this legislation will authorize the State Education Department to investigate claims of unlicensed practice and will enable the Department to better protect the public from professional misconduct. Currently, 38 other states provide title protection for CNS.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the 365th day after it shall have become law.

Text

STATE OF NEW YORK
________________________________________________________________________

522--A

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law, in relation  to  certification  as  a
  clinical nurse specialist (CNS)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new  section  6911
to read as follows:
  S  6911.  CERTIFICATION  AS A CLINICAL NURSE SPECIALIST (CNS).  1. FOR
ISSUANCE OF A CERTIFICATE TO PRACTICE AS  A  CLINICAL  NURSE  SPECIALIST
UNDER  SECTION SIX THOUSAND NINE HUNDRED TWO OF THIS ARTICLE, THE APPLI-
CANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) FILE AN APPLICATION WITH THE DEPARTMENT;
  (B) BE LICENSED AS A REGISTERED PROFESSIONAL NURSE IN THIS STATE;
  (C) (I) HAVE SATISFACTORILY COMPLETED AN  EDUCATIONAL  PROGRAM  REGIS-
TERED  BY  THE  DEPARTMENT INCLUDING A MASTER'S OR DOCTORAL DEGREE, OR A
POST-MASTER'S CERTIFICATE FROM A PROGRAM ACCEPTABLE  TO  THE  DEPARTMENT
WHICH  PREPARES GRADUATES TO PRACTICE AS CNSS AND WHICH IS ACCREDITED BY
A NATIONAL NURSING ACCREDITED BODY ACCEPTABLE  TO  THE  DEPARTMENT,  AND
(II) MEETS ALL OTHER REQUIREMENTS ESTABLISHED BY THE DEPARTMENT TO PRAC-
TICE  AS A CLINICAL NURSE SPECIALIST, OR (III) HAVE RECEIVED EDUCATIONAL
PREPARATION DETERMINED BY THE DEPARTMENT TO BE  THE  SUBSTANTIAL  EQUIV-
ALENT OF SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH; AND
  (D)  PAY  A  FEE  TO  THE DEPARTMENT OF FIFTY DOLLARS FOR EACH INITIAL
CERTIFICATE AUTHORIZING CLINICAL NURSE SPECIALIST PRACTICE AND A  TRIEN-
NIAL REGISTRATION FEE OF THIRTY DOLLARS. REGISTRATION UNDER THIS SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00726-03-2
S. 522--A                           2

SHALL  BE  COTERMINOUS WITH THE CLINICAL NURSE SPECIALIST'S REGISTRATION
AS A PROFESSIONAL NURSE.
  2.  ONLY  A  PERSON  CERTIFIED  UNDER THIS SECTION SHALL USE THE TITLE
"CLINICAL NURSE SPECIALIST" OR THE DESIGNATION "CNS".
  S 2. The provisions of this act shall not apply to any act or practice
authorized by any other law,  rule,  regulation  or  certification.  The
provisions  of  this  act  shall  not  apply to any activity authorized,
pursuant to statute, rule or regulation, to be performed by a registered
professional nurse in a hospital as defined in article  twenty-eight  of
the public health law.
  S  3.  The  commissioner  of education is authorized to promulgate all
rules and regulations necessary for the implementation of this act.
  S 4. This act shall take effect on the three hundred  sixty-fifth  day
after it shall have become a law.