S T A T E   O F   N E W   Y O R K
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                                  4039

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by  M.  of  A.  PRETLOW,  SCHIMMINGER,  ENGLEBRIGHT, LIFTON,
  ABBATE, PAULIN -- Multi-Sponsored by -- M. of  A.  O'DONNELL  --  read
  once and referred to the Committee on Higher Education

AN  ACT to amend the education law and the executive law, in relation to
  establishing the empire state professional nursing scholarship program
  and the council on professional career opportunity

  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 two new sections
6911 and 6912 to read as follows:
  S 6911.  EMPIRE STATE PROFESSIONAL NURSING SCHOLARSHIP PROGRAM. 1. THE
COMMISSIONER, IN COLLABORATION WITH THE COMMISSIONER OF HEALTH  AND  THE
PRESIDENT  OF  THE  HIGHER EDUCATION SERVICES CORPORATION, IS AUTHORIZED
AND DIRECTED TO ESTABLISH THE EMPIRE STATE PROFESSIONAL NURSING SCHOLAR-
SHIP PROGRAM TO PROVIDE FINANCIAL SUPPORT  TO  APPLICANTS  TO  ENTER  OR
CONTINUE  IN  A  REGISTERED  NURSE EDUCATIONAL PROGRAM AND WHO AGREE TO:
(A) DELIVER NURSING CARE IN A SPECIALTY, SETTING OR REGION OF  NEW  YORK
STATE  DESIGNATED  BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMIS-
SIONER OF HEALTH, AS HAVING A SHORTAGE  OF  REGISTERED  NURSES;  OR  (B)
TEACH NURSING STUDENTS.
  2.  THE COMMISSIONER IS AUTHORIZED TO MAKE SCHOLARSHIP AWARDS PURSUANT
TO THIS SECTION, AND IN CONSULTATION WITH THE COMMISSIONER OF HEALTH, TO
DESIGNATE NURSING PRACTICE  SPECIALTIES,  HEALTH  CARE  SETTINGS  AND/OR
REGIONS  IN  NEW  YORK  STATE THAT HAVE A SHORTAGE OF REGISTERED PROFES-
SIONAL NURSES. THE COMMISSIONER, IN CONSULTATION WITH  THE  COMMISSIONER
OF  HEALTH,  SHALL  ESTABLISH A MEANS TO DETERMINE PRIORITY AND RELATIVE
RANKINGS FOR THE PURPOSES OF AWARDING SCHOLARSHIPS BASED ON  PREFERENCES
DESCRIBED IN SUBDIVISIONS FOUR, FIVE AND SIX OF THIS SECTION.
  3.  A SCHOLARSHIP RECIPIENT SHALL BE A RESIDENT OF NEW YORK STATE WHO:
(A) ATTENDS OR PLANS TO ATTEND A NURSING EDUCATION PROGRAM IN THE STATE;
AND (B) AGREES TO  PRACTICE  AS  A  REGISTERED  NURSE  IN  A  DESIGNATED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07612-01-3
              

A. 4039                             2

SPECIALITY,  SETTING  OR  REGION;  OR  (C) AGREES TO PRACTICE AS A NURSE
EDUCATOR. A SCHOLARSHIP RECIPIENT SHALL BE ENTITLED TO AN AWARD OF UP TO
FIFTEEN THOUSAND DOLLARS PER YEAR OF STUDY. SCHOLARSHIPS MAY BE  AWARDED
FOR  PART-TIME STUDY, AND ARE CALCULATED BASED ON THE STUDENT'S EXPENSES
TO ATTEND NURSING SCHOOL. SUCH EXPENSES SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, COST OF ATTENDANCE AT AN  UNDERGRADUATE  OR  GRADUATE  SCHOOL  OF
NURSING,  SUCH  AS  TUITION,  LABORATORY AND OTHER FEES, ROOM AND BOARD,
TRANSPORTATION,  SUPPLIES,  UNIFORMS,  HEALTH  INSURANCE  COVERAGE,   IF
REQUIRED,  SUPPLIES,  BOOKS,  CHILD  CARE,  AND  COSTS  TO SUPPORT DAILY
LIVING.
  4. SCHOLARSHIPS SHALL BE AWARDED COMPETITIVELY USING SELECTION  CRITE-
RIA  LISTED  IN  THIS  SUBDIVISION.  IN SELECTING STUDENTS TO BE AWARDED
SCHOLARSHIPS, PREFERENCE SHALL BE GIVEN TO STUDENTS WHO ARE:
  (A) FIRST, ENTERING OR CONTINUING IN  A  PROGRAM  IN  NEW  YORK  STATE
APPROVED OR REGISTERED BY THE REGENTS, LEADING TO A BACHELOR'S OR GRADU-
ATE DEGREE IN NURSING;
  (B)  SECOND, ENTERING OR CONTINUING IN A PROGRAM LEADING TO A GRADUATE
DEGREE THAT QUALIFIES THE RECIPIENT  TO  TEACH  NURSING  STUDENTS  IN  A
PROGRAM IN NEW YORK STATE APPROVED OR REGISTERED BY THE REGENTS;
  (C) THIRD, HAVE EVIDENCE OF ACADEMIC MERIT;
  (D) FOURTH, ARE MEMBERS OF A FEDERALLY-RECOGNIZED MINORITY GROUP;
  (E) FIFTH, HAVE EVIDENCE OF FINANCIAL NEED; AND
  (F) SIXTH, HAVE PREVIOUS WORK EXPERIENCE IN HEALTH CARE SETTINGS.
  5.  AFTER  THE FIRST YEAR OF AWARDS, HIGHEST PREFERENCE SHALL BE GIVEN
TO RECIPIENTS APPLYING FOR SECOND OR SUBSEQUENT YEARS OF FUNDING.
  6. IN THE EVENT THAT THERE ARE  MORE  APPLICANTS  WHO  HAVE  THE  SAME
PRIORITY  THAN  THERE  ARE  REMAINING  AWARDS,  OR THERE ARE MORE AWARDS
AVAILABLE THAN APPLICANTS WHO MEET THE ABOVE CRITERIA, THE COMMISSIONER,
IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,  SHALL  DISTRIBUTE  THE
REMAINING  AWARDS  BASED  UPON  CONSIDERATIONS AS MAY BE DEEMED MUTUALLY
AGREEABLE.  THE COMMISSIONER AND THE COMMISSIONER OF HEALTH SHALL DIRECT
THAT THE AWARDS  ARE  DISTRIBUTED  TO  ENSURE  APPROPRIATE  GEOGRAPHICAL
DISTRIBUTION WITHIN AREAS OF NEED.
  7. WITHIN SUCH TIME AS THE COMMISSIONER SHALL BY REGULATION PROVIDE, A
RECIPIENT OF AN AWARD SHALL AGREE TO PRACTICE NURSING FOR A PERIOD OF NO
LESS  THAN EIGHTEEN MONTHS, OR SERVE AS NURSING FACULTY FOR NO LESS THAN
THREE SEMESTERS, FOR EACH ANNUAL AWARD TO BE RECEIVED BY THE  RECIPIENT.
THE  COMMISSIONER  SHALL  SECURE FROM EACH RECIPIENT A WRITTEN AGREEMENT
TO:
  (A) PROVIDE PROFESSIONAL NURSING SERVICES IN A  DESIGNATED  SPECIALTY,
SETTING OR REGION; AND WORK IN A PRACTICE SITE THAT SERVES (I) BENEFICI-
ARIES  OF  TITLE  XVIII  OF  THE  FEDERAL SOCIAL SECURITY ACT (MEDICARE)
AND/OR (II) INDIVIDUALS ELIGIBLE  FOR  MEDICAL  ASSISTANCE  PURSUANT  TO
TITLE  ELEVEN  OF  ARTICLE  FIVE OF THE SOCIAL SERVICES LAW AND/OR (III)
INDIVIDUALS ELIGIBLE FOR A  STATE  SPONSORED  HEALTH  INSURANCE  PROGRAM
AND/OR  (IV)  INDIVIDUALS WHO ARE UNINSURED; AND PROVIDE AT LEAST THIRTY
HOURS DURING EACH REGULAR WORK WEEK OF DIRECT PATIENT CARE IN  A  DESIG-
NATED SHORTAGE SPECIALTY, SETTING OR REGION; OR
  (B) TEACH NURSING STUDENTS.
  8.  IF  A  RECIPIENT  FAILS  TO COMPLY FULLY WITH SUCH CONDITIONS, THE
PRESIDENT OF THE HIGHER EDUCATION SERVICES CORPORATION SHALL BE ENTITLED
TO RECEIVE FROM SUCH RECIPIENT AN AMOUNT TO BE DETERMINED BY THE  FORMU-
LA:
                              A = 2B (T-S)
                                  --------
                                       T

A. 4039                             3

IN  WHICH "A" IS THE AMOUNT THE PRESIDENT IS ENTITLED TO RECOVER, "B" IS
THE SUM OF ALL AWARDS MADE TO THE RECIPIENT AND  THE  INTEREST  ON  SUCH
AMOUNT WHICH WOULD BE PAYABLE IF AT THE TIMES SUCH AWARDS WERE PAID THEY
WERE  LOANS  BEARING INTEREST AT THE MAXIMUM PREVAILING RATE; "T" IS THE
TOTAL  NUMBER OF MONTHS IN THE RECIPIENT'S PERIOD OF OBLIGATED SERVICES;
AND "S" IS THE NUMBER OF MONTHS OF  SERVICE  ACTUALLY  RENDERED  BY  THE
RECIPIENT.  ANY  AMOUNT WHICH THE PRESIDENT IS ENTITLED TO RECOVER UNDER
THIS PARAGRAPH SHALL BE PAID WITHIN THE FIVE-YEAR  PERIOD  BEGINNING  ON
THE  DATE  THAT  THE RECIPIENT FAILED TO COMPLY WITH THIS SERVICE CONDI-
TION. NOTHING IN THE WRITTEN AGREEMENT SHALL AFFECT THE TERMS OF EMPLOY-
MENT OF THE INDIVIDUAL WHO SHALL NEGOTIATE, SEPARATE AND APART FROM  THE
PROGRAM, HIS OR HER SALARY AND OTHER FORMS OF EMPLOYMENT WITH AN AGENCY,
INSTITUTION OR A PROGRAM IN WHICH HE OR SHE SHALL BE EMPLOYED. ANY OBLI-
GATION  TO COMPLY WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL
BE CANCELED UPON THE DEATH OF  THE  RECIPIENT.  THE  COMMISSIONER  SHALL
PROMULGATE  REGULATIONS  TO  PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHEN COMPLIANCE  WOULD  INVOLVE  EXTREME  HARDSHIP.
ANY  OBLIGATION  TO  COMPLY WITH THE PROVISIONS OUTLINED IN THIS SECTION
SHALL BE CANCELLED UPON THE DEATH OF THE RECIPIENT.
  9. A RECIPIENT OF AN AWARD SHALL REPORT ANNUALLY TO THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION, ON FORMS PRESCRIBED BY THE PRESI-
DENT OF THE HIGHER EDUCATION SERVICES CORPORATION, AS TO THE PERFORMANCE
OF THE REQUIRED SERVICES, COMMENCING WITH THE CALENDAR YEAR IN WHICH THE
RECIPIENT HAS COMPLETED THE EDUCATIONAL COURSE OF STUDY  AND  CONTINUING
UNTIL THE RECIPIENT SHALL HAVE COMPLETED, OR UNTIL IT IS DETERMINED THAT
HE  OR SHE SHALL NOT BE OBLIGATED TO COMPLETE, THE REQUIRED SERVICES. IF
THE RECIPIENT SHALL FAIL TO FILE ANY REPORT  REQUIRED  HEREUNDER  WITHIN
THIRTY  DAYS  OF  WRITTEN NOTICE TO THE RECIPIENT, MAILED TO THE ADDRESS
SHOWN ON THE LAST APPLICATION FOR AN AWARD OR LAST REPORT FILED,  WHICH-
EVER  IS LATER, THE PRESIDENT OF THE CORPORATION MAY IMPOSE A FINE OF UP
TO ONE THOUSAND DOLLARS. THE PRESIDENT  SHALL  HAVE  THE  DISCRETION  TO
WAIVE  THE  FILING OF A REPORT, EXCUSE A DELAY IN FILING OR A FAILURE TO
FILE A REPORT, OR WAIVE OR REDUCE ANY FINE IMPOSED FOR GOOD CAUSE SHOWN.
  10. THE COMMISSIONER IS AUTHORIZED TO APPLY ANY FUNDS APPROPRIATED  TO
IMPLEMENT  THIS SECTION AS MATCHING FUNDS FOR ANY FEDERAL NURSING EDUCA-
TION PROGRAMS GRANTS THAT MAY BE OR BECOME AVAILABLE WHOSE CRITERIA  ARE
SIMILAR TO THOSE STATED IN THIS CHAPTER.
  S  6912. GRANTS FOR NURSING EDUCATION. 1. THE COMMISSIONER, IN COLLAB-
ORATION WITH THE COMMISSIONER OF HEALTH, IS AUTHORIZED TO MAKE GRANTS TO
COLLEGES, OR UNIVERSITIES WITHIN NEW YORK STATE TO ESTABLISH  OR  EXPAND
TRAINING  PROGRAMS  FOR  REGISTERED  PROFESSIONAL NURSES, CLINICAL NURSE
SPECIALISTS, AND NURSE EDUCATORS AND TO INCREASE THE  OPPORTUNITIES  FOR
NURSING EDUCATION AT COMMUNITY-BASED SITES.
  2. GRANT FUNDS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUITMENT AND
DEVELOPMENT, START-UP COSTS AND COSTS INCURRED TEACHING NURSING STUDENTS
AT  COMMUNITY-BASED  SITES,  INCLUDING,  BUT  NOT LIMITED TO, PERSONNEL,
ADMINISTRATION AND STUDENT RELATED EXPENSES AND  OTHER  EXPENSES  JUDGED
REASONABLE AND NECESSARY BY THE COMMISSIONER.
  3.  GRANTS  SHALL  BE AWARDED ON A COMPETITIVE BASIS IN AMOUNTS NOT TO
EXCEED AN AGGREGATE OF TWO HUNDRED  FIFTY  THOUSAND  DOLLARS  THROUGH  A
REQUEST  FOR  APPLICATION  PROCESS.  IN  MAKING AWARDS, THE COMMISSIONER
SHALL CONSIDER:
  (A) THE NEED FOR REGISTERED NURSES,  CLINICAL  NURSE  SPECIALISTS  AND
NURSE  EDUCATORS  IN THE SPECIALTY AND IN THE REGION IN WHICH THE APPLI-
CANT IS LOCATED;
  (B) THE COST-EFFECTIVENESS OF THE PROPOSAL; AND

A. 4039                             4

  (C) THE APPLICANT'S COMMITMENT TO PLACE GRADUATES IN NURSING POSITIONS
IN DESIGNATED SPECIALTIES, SETTINGS AND/OR REGIONS.
  4.  THE  INTENT  OF  THE  PROGRAM  IS  TO AUGMENT OR INCREASE TRAINING
PROGRAMS FOR REGISTERED PROFESSIONAL NURSES, BOTH  AT  ENTRY  LEVEL  AND
GRADUATE  LEVELS  INCLUDING BACCALAUREATE COMPLETION PROGRAMS, SPECIALTY
CERTIFICATE, MASTER'S AND DOCTORAL DEGREES. GRANT FUNDING SHALL  NOT  BE
USED  TO  OFFSET  EXISTING  EXPENDITURES  THE INSTITUTION OR PROGRAM HAS
OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
  S 2. Section 942 of the executive law  is  amended  by  adding  a  new
subdivision 7 to read as follows:
  7.  FOR  THE PURPOSE OF ADVISING AND ASSISTING THE COUNCIL IN CARRYING
OUT ITS POWERS AND DUTIES IN REGARD TO NURSING EDUCATION THERE IS HEREBY
ESTABLISHED AN ADVISORY COMMITTEE  ON  NURSING  EDUCATION  COMPRISED  OF
ELEVEN  MEMBERS.  THE  MEMBERS AND CHAIRPERSON OF THE ADVISORY COMMITTEE
SHALL BE SELECTED BY THE CHAIRPERSON OF THE COUNCIL  AND  SHALL  INCLUDE
REPRESENTATIVES  OF PUBLIC AND INDEPENDENT INSTITUTIONS OF HIGHER EDUCA-
TION OFFERING AN APPROVED PROGRAM IN NURSING AND REGISTERED PROFESSIONAL
NURSES AUTHORIZED OR LICENSED TO PRACTICE NURSING WITHIN  THE  STATE  OF
NEW YORK. THE MEMBERSHIP OF THE ADVISORY COMMITTEE SHALL INCLUDE MINORI-
TY REPRESENTATION.
  S 3. This act shall take effect immediately.