S3145-2013 Actions

• Jan 30, 2013: REFERRED TO HIGHER EDUCATION

S3145-2013 Memo

BILL NUMBER:S3145

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 certif-
ication 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  special-
ist".

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  regu-
lations.

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  recog-
nized.  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 inappro-
priately 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 miscon-
duct. Currently, 38 other states provide title protection for CNS.

FISCAL IMPLICATIONS: None.

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

S3145-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3145
 2013-2014 Regular Sessions
 I N  SENATE
 January 30, 2013
 
 Introduced  by  Sen. KRUEGER -- 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  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
 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".
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00946-01-3
 
       S. 3145                             2
 

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.

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