EDU-15-14-00003-E Certification As a Clinical Nurse Specialist (CNS)
10/1/14 N.Y. St. Reg. EDU-15-14-00003-E
NEW YORK STATE REGISTER
VOLUME XXXVI, ISSUE 39
October 01, 2014
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
EMERGENCY RULE MAKING
I.D No. EDU-15-14-00003-E
Filing No. 813
Filing Date. Sept. 16, 2014
Effective Date. Sept. 27, 2014
Certification As a Clinical Nurse Specialist (CNS)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of sections 52.12, 64.4 and 64.8 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 212(3), 6504(not subdivided), 6507(2)(a), 6910(1), (2), (3), (4), (5), 6911(1) and (2); and L. 2013, ch. 364
Finding of necessity for emergency rule:
Preservation of public health and general welfare.
Specific reasons underlying the finding of necessity:
The proposed rule is necessary to implement Chapter 364 of the Laws of 2013, which added Education Law section 6911 and will become effective on September 27, 2014. The proposed rule establishes certification for clinical nurse specialists, and protects the title “clinical nurse specialist” and the designation “CNS”, in order to protect the public by ensuring that only those properly educated and prepared to be clinical nurse specialists perform clinical nurse specialist services.
Because the Board of Regents meets at fixed intervals, the earliest the proposed amendment can be presented for adoption, after expiration of the required 45-day public comment period provided for in State Administrative Procedure Act (SAPA) section 202(1) and (5), would be the September 15-16, 2014 Regents meeting. Furthermore, pursuant to SAPA section 203(1), the earliest effective date of the proposed amendment, if adopted at the September meeting, would be October 1, 2014, the date a Notice of Adoption would be published in the State Register. However, the provisions of Chapter 364 of the Laws of 2013 will become effective on September 27, 2014.
Therefore, emergency action is necessary at the September 2014 Regents meeting for the preservation of the public health and general welfare in order to ensure that the rule is in effect on the effective date of Chapter 364 of the Laws of 2013 so that the Chapter may be timely implemented.
Subject:
Certification as a clinical nurse specialist (CNS).
Purpose:
To implement Chapter 364 of the Laws of 2013.
Text of emergency rule:
1. Paragraph (3) of subdivision (b) of section 52.12 of the Regulations of the Commissioner of Education is added, effective September 27, 2014, to read as follows:
(3) Clinical nurse specialist education programs.
(i) Registration. A clinical nurse specialist education program is a master’s degree, doctoral degree or post master’s certificate program, which prepares graduates to practice as a clinical nurse specialist as permitted by section 6911 of the Education Law. No clinical nurse specialist education program shall be offered in this State until such program has been registered by the department.
(ii) Admission. A clinical nurse specialist education program sponsor shall ensure that each student holds a baccalaureate degree in nursing and an unrestricted license and current registration as a registered professional nurse in New York State prior to enrolling the student in any preceptorship, course or other activity that includes clinical practice.
(iii) Curriculum. The curriculum shall include, in addition to the requirements of section 52.2(c) of this Title, clinical practice education of at least five hundred hours which is supervised by a clinical nurse specialist, nurse practitioner or physician practicing in the specialty area of the clinical nurse specialist program.
(iv) Credential. Upon satisfactory completion of all components of the registered clinical nurse specialist education program, a certificate of completion of a course of study for clinical nurse specialists shall be issued to each individual by the education program sponsor.
2. Subdivision (b) of section 64.4 of the Regulations of the Commissioner of Education is amended, effective September 27, 2014, as follows:
(b) Professional study. To meet the professional education requirements for certification as a nurse practitioner in this State, the applicant shall present evidence of:
(1) …
(2) …
3. Paragraph (1) of subdivision (c) of section 64.4 of the Regulations of the Commissioner of Education is repealed, and paragraphs (2) and (3) of subdivision (c) are renumbered as paragraphs (1) and (2), respectively, effective September 27, 2014.
4. Subdivision (d) of section 64.4 of the Regulations of the Commissioner of Education is repealed, and subdivision (e) of section 64.4 is re-lettered as subdivision (d), effective September 27, 2014.
5. Section 64.8 of the Regulations of the Commissioner of Education is added, effective September 27, 2014, to read as follows:
§ 64.8 Clinical nurse specialist certification.
(a) Requirements for certification. An applicant for certification as a clinical nurse specialist shall:
(1) submit an application, together with the required fee, to the department;
(2) hold an unrestricted license and current registration to practice as a registered professional nurse in New York State; and
(3) present evidence, satisfactory to the department, of meeting all applicable professional education and experience requirements for certification as a clinical nurse specialist.
(b) Professional education and experience criteria. To meet the professional education and experience requirements for certification as a clinical nurse specialist in this State, the applicant shall present evidence of having met the criteria in one of the four paragraphs below:
(1) completion of a clinical nurse specialist education program registered by the department; or
(2) completion of an education program determined by the department to be equivalent to a clinical nurse specialist education program registered by the department and current certification as a clinical nurse specialist by a national certifying body acceptable to the department; or
(3) holding a license or certification as a clinical nurse specialist issued by another state or country and meeting the substantial equivalent of the New York State requirements for certification, as determined by the department; or
(4) submitting an application and the required fee for certification as a clinical nurse specialist to the department prior to September 15, 2015 and satisfactorily meeting, as determined by the department, the criteria set forth in subparagraph (i) or (ii) of this paragraph prior to September 15, 2017:
(i) completion of a master’s degree program in clinical nursing practice, which is determined by the department to be substantially equivalent to the preparation provided by a registered clinical nurse specialist education program, and completion, on or after January 1, 2011, of at least three thousand hours of clinical practice as a registered professional nurse in a clinical nurse specialty area in a general hospital licensed pursuant to article 28 of the Public Health Law; or
(ii) current certification as a clinical nurse specialist by a national certifying body acceptable to the department.
(c) Certificates.
(1) A clinical nurse specialist certificate issued to a registered professional nurse shall reflect the nurse’s specialty area of clinical nurse specialist academic preparation.
(2) A registered professional nurse may apply for certification as a clinical nurse specialist in more than one specialty area of practice. A complete application and fee shall be required for each certificate.
This notice is intended
to serve only as a notice of emergency adoption. This agency intends to adopt the provisions of this emergency rule as a permanent rule, having previously submitted to the Department of State a notice of proposed rule making, I.D. No. EDU-15-14-00003-P, Issue of April 16, 2014. The emergency rule will expire December 14, 2014.
Text of rule and any required statements and analyses may be obtained from:
Kirti Goswami, State Education Department, Office of Counsel, State Education Building Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@mail.nysed.gov
Regulatory Impact Statement
1. STATUTORY AUTHORITY:
Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to Education.
Subdivision (3) of section 212 of the Education Law authorizes the State Education Department (“Department”) to determine and set fees for certifications and permits.
Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.
Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.
Section 6910 of the Education Law defines requirements for certification as a nurse practitioner and authorizes the standards for such certification to be included in regulations promulgated by the Commissioner of Education.
Subdivision (1) of section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, establishes the criteria for certification as a clinical nurse specialist, including license and education requirements, application filing, and certification fees.
Subdivision (2) of section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, establishes that only certified persons may use the title “clinical nurse specialist” and/or the designation “CNS.”
2. LEGISLATIVE OBJECTIVES:
The proposed rule carries out the intent of Chapter 364 of the Laws of 2013 that amended Article 139 of the Education Law by adding a new section 6911, which establishes the criteria for certification as a clinical nurse specialist and protects the title “clinical nurse specialist” and the designation “CNS” to ensure that only those properly educated and properly prepared to be clinical nurse specialists hold themselves out as such. Specifically, the proposed rule establishes the requirements for clinical nurse specialist education programs, which include registration, admission, curriculum and credential requirements for clinical nurse specialist education programs offered in New York State. The proposed rule also establishes requirements for certification as a clinical nurse specialist, which include, but are not limited to, professional education and clinical experience requirements. The proposed rule requires an applicant for certification as a clinical nurse specialist to submit an application, together with the required fee, to the Department. It further requires the applicant to be currently licensed and registered in New York State and either a graduate of a clinical nurse specialist education program registered by the Department or able to meet alternative criteria acceptable to the Department relating to professional certification, education or clinical experience.
Finally, the proposed amendment will also repeal certain regulatory provisions relating to nurse practitioner certification in section 64.4 of the Regulations of the Commissioner of Education, as those provisions no longer have any application.
3. NEEDS AND BENEFITS:
The purpose of the proposed rule is to ensure that only those registered professional nurses who are properly educated and prepared to be clinical nurse specialists hold themselves out as such by establishing requirements for clinical nurse specialist certification. The proposed rule is necessary to conform the Regulations of the Commissioner to Chapter 364 of the Laws of 2013.
As required by statute, the proposed rule is also needed to establish the requirements for clinical nurse specialist education programs.
4. COSTS:
(a) Costs to State government: The proposed rule implements statutory requirements and establishes standards as directed by statute, and will not impose any additional costs on State government beyond those imposed by the statutory requirements.
(b) Costs to local government: There are no additional costs to local governments.
(c) Cost to private regulated parties. The proposed rule does not impose any additional costs on regulated parties beyond those imposed by statute. As required by Education Law section 6911(1)(d), those individuals seeking certification as a clinical nurse specialist must pay a fee to the Department of $50 for each initial certificate authorizing clinical nurse specialist practice and a triennial registration fee of $30. Higher education institutions that seek to register clinical nurse specialist education programs with the Department, including those in rural areas, may incur costs related to the development and maintenance of such education programs and their registration. It is anticipated that such costs will be minimal because many higher education institutions are already offering courses that would or could, with slight adjustments, meet the registration requirements for a clinical nurse specialist education program, and that higher education institutions should be able to use their existing staffs and resources to revise their courses and curricula to meet the clinical nurse specialist certification requirements.
(d) Cost to the regulatory agency: The proposed rule does not impose any additional costs on the Department beyond those imposed by statute. Any associated costs to the Department will be offset by the fees charged to applicants and no significant cost will result to the Department.
5. LOCAL GOVERNMENT MANDATES:
The proposed rule implements the requirements of section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, by establishing standards for individuals to be certified to practice as a clinical nurse specialist and standards for clinical nurse specialist education programs provided by institutions of higher education, and protects 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. It does not impose any program, service, duty, or responsibility upon local governments.
6. PAPERWORK:
The proposed rule imposes no new reporting or other paperwork requirements beyond those imposed by the statute.
7. DUPLICATION:
The proposed rule is necessary to implement Chapter 364 of the Laws of 2013. There are no other state or federal requirements on the subject matter of this proposed rule. Therefore, the proposed rule does not duplicate other existing state or federal requirements.
8. ALTERNATIVES:
The proposed rule is necessary to conform the Regulations of the Commissioner of Education to Chapter 364 of the Law of 2013 and repeal certain regulatory provisions in section 64.4 of the Regulations of the Commissioner of Education, as those provisions no longer have any application. There are no significant alternatives to the proposed rule and none were considered.
9. FEDERAL STANDARDS:
Since, there are no applicable federal standards for clinical nurse specialist certification and clinical nurse specialist education programs, the proposed rule does not exceed any minimum federal standards for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
The proposed rule is necessary to conform the Regulations of the Commissioner of Education to Chapter 364 of the Laws of 2013. Registered professional nurses seeking certification as clinical nurse specialists from the Department must comply with the certification requirements on the effective date of the authorizing statute, September 27, 2014. It is anticipated that registered professional nurses seeking such certification will be able to comply with the proposed rule by the effective date so that no additional period of time will be necessary to enable regulated parties to comply.
Regulatory Flexibility Analysis
The proposed rule implements the requirements of section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, by establishing standards for individuals to be certified to practice as a clinical nurse specialist and standards for clinical nurse specialist education programs provided by institutions of higher education, and protects 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. The proposed rule will not impose any reporting, recordkeeping, or other compliance requirements or costs, or have an adverse impact, on small businesses or local governments. Because it is evident from the nature of the proposed rule that it will not affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.
Rural Area Flexibility Analysis
1. TYPES AND ESTIMATED NUMBER OF RURAL AREAS:
The proposed rule will apply to registered professional nurses, who voluntarily apply to the State Education Department (Department) for certification as clinical nurse specialists and to higher education institutions that seek to register clinical nurse specialist education programs with the Department, including those located in the 44 rural counties with less than 200,000 inhabitants and the 71 towns in urban counties with a population density of 150 per square mile or less. Of the approximately 282,000 registered professional nurses who are registered to practice in New York State, approximately 30,100 reported their permanent address of record is in a rural county of the State. Additionally, advanced degree granting nurse education programs are located in many, but not all, rural counties.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES:
As required by Chapter 364 of the Laws of 2013, which will become effective September 27, 2014, the proposed rule establishes certification for clinical nurse specialists to protect the title “clinical nurse specialist” and the designation “CNS” by ensuring that only those properly educated and prepared to be clinical nurse specialists hold themselves out as such. The proposed amendment to 52.12 of the Regulations of the Commissioner of Education and addition of section 64.8 to the Regulations of the Commissioner of Education implement the clinical nurse specialist certification requirements of Chapter 364.
The proposed amendment to section 52.12 of the Regulations of the Commissioner establishes the requirements for clinical nurse specialist education programs. These requirements include registration, admission, curriculum and credential requirements for clinical nurse specialist education programs offered in New York State.
The proposed addition of section 64.8 to the Regulations of the Commissioner establishes requirements for certification as a clinical nurse specialist, which include, but are not limited to, professional education and clinical experience requirements. The proposed rule requires an applicant for certification as a clinical nurse specialist to submit an application, together with the required fee, to the Department. It also requires the applicant to be currently licensed and registered in New York State and either a graduate of a clinical nurse specialist education program registered by the Department or able to meet alternative criteria acceptable to the Department relating to professional certification, education or clinical experience.
In addition, the proposed amendment will repeal certain regulatory provisions relating to nurse practitioner certification in section 64.4 of the Regulations of the Commissioner of Education, as those provisions no longer have any application.
The proposed rule will not require any higher education institution to offer an education program that prepares registered professional nurses to practice as clinical nurse specialists. The proposed rule will not impose any reporting, recordkeeping or other requirements on higher education institutions in rural areas, unless they seek to register a clinical nurse specialist education program with the Department. Such higher education institutions will have reporting and record keeping obligations related to the development and maintenance of their clinical nurse specialist education programs, as well as the registration of such programs with the Department.
The proposed rule will not impose any additional professional services requirements on entities in rural areas.
3. COSTS:
The proposed rule will not require any registered professional nurse to become certified as a clinical nurse specialist. With respect to registered professional nurses seeking certification from the Department as clinical nurse specialists, including those in rural areas, the proposed rule does not impose any additional costs beyond those required by statute. As required by Education Law section 6911(1)(d), those individuals seeking certification as a clinical nurse specialist must pay a fee to the Department of $50 for each initial certificate authorizing clinical nurse specialist practice and a triennial registration fee of $30.
The proposed rule will not require higher education institutions to offer education programs that prepare registered professional nurses to practice as clinical nurse specialists and does not impose any costs on them. However, higher education institutions that seek to register clinical nurse specialist education programs with the Department, including those in rural areas, may incur costs related to the development and maintenance of such education programs and their registration. It is anticipated that such costs will be minimal because many higher education institutions are already offering courses that would or could, with slight adjustments, meet the registration requirements for a clinical nurse specialist education program, and that higher education institutions should be able to use their existing staffs and resources to revise their courses and curricula to meet the clinical nurse specialist certification requirements.
4. MINIMIZING ADVERSE IMPACT:
The proposed rule implements the clinical nurse specialist certification requirements of Chapter 364. The statutory requirements do not make exceptions for individuals who live or work in rural areas. Nor do they make exceptions for higher education institutions located in rural areas. Thus, the Department has determined that the proposed rule’s requirements should apply to all registered professional nurses seeking certification as clinical nurse specials and all higher education institutions seeking to register clinical nurse specialist education programs with the Department, regardless of geographic location, to help ensure continuing competency across the State. The Department has also determined that uniform standards for the Department’s review of prospective registered clinical nurse specialist education programs are necessary to ensure quality clinical nurse specialist education in all parts of the State. Because of the nature of the proposed rule, alternative approaches for rural areas were not considered.
5. RURAL AREA PARTICIPATION:
Comments on the proposed rule were solicited from statewide organizations representing all parties having an interest in the practice of registered professional nursing. These organizations included the State Board for Nursing and professional associations representing the nursing profession and nursing educators. These groups have members who live or work or provide nursing education in rural areas.
6. INITIAL REVIEW OF RULE (SAPA § 207):
Pursuant to State Administrative Procedure Act section 207(1)(b), the State Education Department proposes that the initial review of this rule shall occur in the fifth calendar year after the year in which the rule is adopted, instead of in the third calendar year. The justification for a five year review period is that the proposed rule is necessary to implement statutory requirements in section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, and therefore the substantive provisions of the proposed rule cannot be repealed or modified unless there is a further statutory change. Accordingly, there is no need for a shorter review period. The Department invites public comment on the proposed five year review period for this rule. Comments should be sent to the agency contact listed in item 10 of the Notice of Proposed Rule Making published herewith, and must be received within 45 days of the State Register publication date of the Notice.
Job Impact Statement
Section 6911 of the Education Law, as added by Chapter 364 of the Laws of 2013, effective September 27, 2014, establishes certification for clinical nurse specialists and protects 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. The proposed amendment to section 52.12 of the Regulations of the Commissioner and addition of section 64.8 to the Regulations of the Commissioner of Education implement Chapter 364 of the Laws of 2013 by establishing criteria for certification as a clinical nurse specialist, including: registration, admission, curriculum and credential requirements for clinical nurse specialist education programs; an application filing requirement; and license and education requirements.
The proposed amendment would also repeal certain regulatory provisions relating to nurse practitioner certification in section 64.4 of the Regulations of the Commissioner of Education, as those provisions no longer have any application.
The proposed amendment to section 52.12 of the Regulations of the Commissioner and addition of section 64.8 of the Regulations to the Commissioner of Education implement specific statutory requirements and directives. Therefore, any impact on jobs and employment opportunities created by establishing certification requirements for clinical nurse specialists is attributable to the statutory requirement, not the proposed amendment and rule, which simply establish standards that conform to the requirements of the statute.
The proposed rule will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed rule that they will have no adverse impact on jobs or employment opportunities attributable to their adoption or only a positive impact, no affirmative steps were needed to ascertain these facts and none were taken. Accordingly, a job impact statement is not required and one was not prepared.
