Relates to the educational preparation for practice of professional nursing

Section 2. Subdivision 2 of section 6905 of the education law, as amended by chapter 994 of the laws of 1971 and as renumbered by chapter 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. The department, in its discretion, may 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. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. 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 registration for failure to complete the additional educational requirements and who practices as a registered professional nurse without such registration may be subject to disciplinary proceeding pursuant to section sixty-five hundred ten of this title.

Section 3. The provisions of this act shall not apply to: (a) any student entering a generic 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. Shorter lengths of stays, higher patient acuity, and more sophisticated technologies and procedures 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 additional education in relation to improved patient outcomes; one study demonstrates that each ten percent increase in the number of baccalaureate prepared nurses results in a five percent decrease in surgical patient deaths. The New York State Board for Nursing, recognizing the evolving needs associated with patient care unanimously passed a motion in December 2003, recommending that statutory change be sought requiring future licensed registered professional nurses to attain a baccalaureate degree in nursing ten years after initial licensure in order to continue to practice in New York. The bill is designed to mirror the educational requirements of teachers in NYS. There is a provision for an extension for cases with extenuating circumstances that would delay completion of the additional requirement based on criteria to be established in commissioner's regulations. This requirement would apply only to nursing students who enter diploma or associate degree programs after the bill's implementation date. All current students, or those on waiting lists to begin the nursing program, will be exempt from the requirement. All current RN's would be "grandfathered" and their licenses forever protected from this mandatory additional educational requirement.

It is not anticipated that this bill would reduce the supply of nurses in New York. The grandfathering of those currently licensed would prevent intensification of the current shortage of nurses. Moreover, this bill is designed to allow continuation of entry at the associate degree level-nursing programs that produce a significant percentage of new graduates and licensees. Indeed it is anticipated that the increased educational requirement would attract additional recruits as nursing might be seen as a more viable professional career option. 2004 data from the Center for Health Workforce Studies at SUNY A shows that over 2,000 qualified students were denied admission to nursing programs. Strategies for recruiting future nurses are dependent upon having adequate numbers of faculty to provide instruction and leadership. Lack of faculty prevents significant numbers of potential students from being admitted to nursing programs. The average age of NYS nursing faculty is 53 - many are expected to retire within the next five years. Advanced education and experience is required for nurses to serve as faculty in nursing education settings. This bill, which requires additional education for the continued registration of RN's, would expand the pool of nurses who could pursue graduate studies to fill these nursing faculty roles.

In an effort to facilitate the implementation of additional education for registered professional nurses, the NYS Associate Degree Nursing Council and the Council of Deans of Nursing, Senior colleges and Universities of NYS have actively collaborated to standardize requirements between the two levels. In December 2004, the Council of Deans of Nursing, Senior colleges and Universities adopted the position that RN's prepared in NYS, associate degree nursing programs applying to baccalaureate degree programs would be granted 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 learning, 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 : 2005-2006: S. 5056-A - Higher Education; 2007-2008 Higher Education

Fiscal implications

To be determined.

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.