Bill S3145-2013

Relates to certification as a clinical nurse specialist (CNS)

Relates to certification as a clinical nurse specialist (CNS).

Details

Actions

  • Sep 27, 2013: SIGNED CHAP.364
  • Sep 17, 2013: DELIVERED TO GOVERNOR
  • Jun 18, 2013: returned to senate
  • Jun 18, 2013: passed assembly
  • Jun 18, 2013: ordered to third reading rules cal.294
  • Jun 18, 2013: substituted for a826
  • Jun 13, 2013: referred to ways and means
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 11, 2013: ORDERED TO THIRD READING CAL.1250
  • Jun 11, 2013: REPORTED AND COMMITTED TO RULES
  • Jun 5, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 30, 2013: REFERRED TO HIGHER EDUCATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Higher Education - Jun 4, 2013
Ayes (15): LaValle, Flanagan, Grisanti, Ritchie, Robach, Savino, Seward, Valesky, Stavisky, Kennedy, Krueger, Parker, Rivera, Serrano, Espaillat
Ayes W/R (4): Gallivan, Griffo, Maziarz, Zeldin

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 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.

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 ________________________________________________________________________ 3145 2013-2014 Regular Sessions IN 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".
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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