New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter A - Higher and Professional Education
Part 52 - Registration of Curricula
Section 52.12 - Nursing

Current through Register Vol. 46, No. 12, March 20, 2024

(d) Clinical Education

(1) All programs registered under subdivisions (b) and (c) of this section for purposes of meeting the education requirements set forth in Article 139 of the Education Law shall include dedicated hours of clinical education or clinical training, or the equivalent, satisfactory to the department. Clinical education or clinical training shall:

(i) be planned and guided by program faculty sufficiently qualified to guide clinical education;

(ii) include experiential learning opportunities that require students to apply knowledge, skills, and judgment to the practice of nursing;

(iii) ensure each student has regular and substantive patient care experiences which shall include direct patient care and may also include indirect patient care experiences;

(iv) be of sufficient depth, breadth, and duration to ensure students have a reasonable opportunity to develop identified practice competencies necessary for safe and effective practice at the level of licensure or certification for which the program leads;

(v) ensure that each student, as a requirement for program completion, demonstrates proficiency in identified competencies through performance-based assessments assessed by program faculty;

(vi) be adequately supervised by program faculty and/or preceptors; and

(vii) include a written contract or agreement executed between the institution conducting the nursing program and any cooperating clinical facility or agency, which shall be signed by the responsible officer of each party and shall set forth the responsibilities of each party.

(2) Subject to the approval of the department, registered programs may deliver one-third of such clinical education or clinical training through simulation experience in accordance with the requirements of this subparagraph, provided however, nothing in this subparagraph shall reduce the minimum in-person or direct care requirements established by programmatic accreditors and certifying bodies. Simulation experience acceptable to the department for the purposes clinical education or clinical training shall:

(i) be designed, guided and supervised by program faculty and program staff with appropriate and relevant training, certification or accreditation, who may be assisted or supported by experts in simulation, in a nursing skills or clinical simulation laboratory setting;

(ii) include continued professional development opportunities for program faculty and program staff in simulation methods and best practices;

(iii) utilize theory-based, evidence-based, and standards-driven pedagogy;

(iv) require active student engagement in guided skills practice with instructional feedback;

(v) include formative and summative assessments of well-articulated competencies appropriate to the role and responsibilities of the learner;

(vi) use various types of fidelity through equipment and practice to replicate substantial aspects of clinical nursing practice and utilize relevant equipment and technologies as appropriate to the desired learning outcomes;

(vii) maintain continued compliance with the standards of program registration; and

(viii) respond to innovations or emerging educational needs, pursuant to regulation.

(3) Expedited process for requesting approval to implement simulation experience pursuant to subparagraph (2) of this section.

(i) Registered programs seeking to implement simulation experience as described in paragraph (2) of this subdivision shall submit a request for a curriculum change to the department.

(a) The curriculum change form used for this purpose shall be prescribed by the department and shall include the following information:

(1) a clear identification of the current number of clinical education or training hours by course and a brief description of how these hours are delivered and;

(2) the number of proposed hours of clinical education that will be met through simulation by course and a brief description of how those hours meet each of the requirements set forth in this section.

(b) For programs that are not in substantial compliance with department program requirements, the department may request additional information and materials.

(ii) The department shall act upon a program's submission to implement simulation experiences within twenty business days of receipt of a complete and properly submitted form.

(4) Notwithstanding paragraph (2) of this subdivision, to meet a particular educational need as determined by the commissioner, the commissioner may approve that more than one-third of such clinical training or clinical education may be met through simulation experience.

(e) (1) All programs registered on or before November 11, 2023:

(i) shall have until November 11, 2024 to conform their existing clinical education to the requirements set forth in subparagraph (i) of paragraph (3) of subdivision (b) and paragraph (1) of subdivision (d) of this section; and

(ii) shall be eligible, beginning November 11, 2023, for approval to offer one-third of their currently approved clinical education hours through simulation experience pursuant to paragraphs (2) and (3) of subdivision (d) of this section.

(2) All new programs registered after November 11, 2023 shall meet all of the requirements for clinical education set forth in this section as a condition of registration.