1-1 By: Turner of Coleman, et al. H.B. No. 2241 1-2 (Senate Sponsor - Carriker) 1-3 (In the Senate - Received from the House May 5, 1993; 1-4 May 10, 1993, read first time and referred to Committee on Health 1-5 and Human Services; May 23, 1993, reported favorably, as amended, 1-6 by the following vote: Yeas 8, Nays 0; May 23, 1993, sent to 1-7 printer.) 1-8 COMMITTEE VOTE 1-9 Yea Nay PNV Absent 1-10 Zaffirini x 1-11 Ellis x 1-12 Madla x 1-13 Moncrief x 1-14 Nelson x 1-15 Patterson x 1-16 Shelley x 1-17 Truan x 1-18 Wentworth x 1-19 COMMITTEE AMENDMENT NO. 1 By: Truan 1-20 Amend H.B. No. 2241 as follows: 1-21 (1) In Section 106.075(a), Health and Safety Code (page 2, 1-22 lines 25 and 26, house engrossment), strike Subdivision (2) and 1-23 substitute the following: 1-24 "(2) at the time of the application for the loan, be 1-25 enrolled in high school or enrolled or accepted for enrollment in a 1-26 postsecondary educational institution in this state;". 1-27 (2) In Section 106.081(a), Health and Safety Code (page 3, 1-28 line 51, house engrossment), insert the following after the period: 1-29 The center shall distribute reports relating to the progress of a 1-30 student to the community sponsoring the student. 1-31 (3) In Section 106.081, Health and Safety Code (page 3, 1-32 lines 56-60, house engrossment), strike Subsection (c) and 1-33 substitute the following: 1-34 (c) A postsecondary educational institution shall provide to 1-35 the executive committee a copy of the academic transcript of each 1-36 student for whom the institution has received a release that 1-37 complies with state and federal open records laws and that 1-38 authorizes the provision of the transcript. 1-39 A BILL TO BE ENTITLED 1-40 AN ACT 1-41 relating to health careers promotion for high school students 1-42 interested in providing health care services in qualified areas. 1-43 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-44 SECTION 1. Chapter 106, Health and Safety Code, is amended 1-45 by adding Subchapter D to read as follows: 1-46 SUBCHAPTER D. HEALTH CAREERS PROMOTION AND EDUCATION PROGRAM 1-47 Sec. 106.071. DEFINITIONS. In this subchapter: 1-48 (1) "Fund" means the health careers education fund. 1-49 (2) "Qualified area" means an area qualifying under 1-50 the National Health Services Corps Community Scholarship Program or 1-51 an area with similar characteristics as identified by the center. 1-52 (3) "Postsecondary educational institution" means: 1-53 (A) an institution of higher education, as 1-54 defined by Section 61.003, Education Code; 1-55 (B) a nonprofit, independent institution 1-56 approved under Section 61.222, Education Code; or 1-57 (C) a nonprofit, health-related school or 1-58 program accredited by the Southern Association of Colleges and 1-59 Schools, the Liaison Committee on Medical Education, the American 1-60 Osteopathic Association, the Board of Nurse Examiners, the Board of 1-61 Vocational Nurse Examiners, or, in the case of allied health, an 1-62 accrediting body recognized by the United States Department of 1-63 Education. 1-64 (4) "Program" means the health careers promotion and 1-65 education program. 1-66 Sec. 106.072. ADMINISTRATION. (a) The center shall 1-67 administer or contract for the administration of the program. 1-68 (b) The center may solicit and accept gifts, grants, 2-1 donations, and contributions to support the program. 2-2 Sec. 106.073. HEALTH CAREERS PROMOTION. The center may 2-3 establish a program to work with students, communities, and 2-4 community-based organizations to encourage high school students to 2-5 pursue health care professional careers. The center shall give 2-6 priority to working with communities and students in qualified 2-7 areas. 2-8 Sec. 106.074. LOANS. (a) The executive committee may award 2-9 forgivable educational loans to eligible students under this 2-10 subchapter. 2-11 (b) The executive committee may award forgivable loans to 2-12 eligible students based on the availability of money in the fund. 2-13 (c) If in any year the fund is inadequate to provide loans 2-14 to all eligible students, the executive committee may award 2-15 forgivable loans on a priority basis according to the students' 2-16 academic performance, test scores, and other criteria of 2-17 eligibility. 2-18 Sec. 106.075. STUDENT ELIGIBILITY. (a) To be eligible to 2-19 receive a loan under this subsection, a student must: 2-20 (1) be sponsored by an eligible community; 2-21 (2) be enrolled in high school at the time of 2-22 application for the loan; 2-23 (3) meet academic requirements as established by the 2-24 executive committee; 2-25 (4) plan to complete a health care professional degree 2-26 or certificate program; 2-27 (5) plan to practice as a health care professional in 2-28 a qualified area of the state; 2-29 (6) meet other requirements as established by the 2-30 executive committee. 2-31 (b) Other requirements for eligibility for a loan under this 2-32 subchapter must include: 2-33 (1) one or more interviews with the student; and 2-34 (2) a statement written by the student of the 2-35 student's reasons for: 2-36 (A) entering the health care profession; and 2-37 (B) wanting to provide health care services to a 2-38 qualified area in this state. 2-39 Sec. 106.076. COMMUNITY ELIGIBILITY. (a) To be eligible to 2-40 sponsor a student under this section, a community must: 2-41 (1) be located in a qualified area in this state; and 2-42 (2) provide evidence of community sponsorship of the 2-43 student. 2-44 (b) Community sponsorship consists of: 2-45 (1) a commitment to fund a percentage of the student's 2-46 postsecondary educational expenses, including tuition, fees, 2-47 educational materials, and living expenses; and 2-48 (2) a commitment to employ the student on a full-time 2-49 basis as a health care professional upon the student's completion 2-50 of the academic program and licensure or certification in the 2-51 health care profession for which the student is sponsored. 2-52 (c) The executive committee shall determine the percentage 2-53 of educational expenses communities are required to provide under 2-54 this section. 2-55 (d) Community financial support may be satisfied in whole or 2-56 in part by a grant, a scholarship, or private foundation support. 2-57 Sec. 106.077. AMOUNT OF LOAN. (a) On confirmation of an 2-58 eligible student's admission to a postsecondary educational 2-59 institution or on receipt of an enrollment report of the student at 2-60 a postsecondary educational institution, and certification of the 2-61 amount of financial support needed, the executive committee may 2-62 award a forgivable loan to the student in the amount of not more 2-63 than the cost of the student's tuition, fees, educational 2-64 materials, and living expenses. 2-65 (b) An eligible student may receive another grant, loan, or 2-66 scholarship for which the student is eligible in addition to the 2-67 receipt of a forgivable loan, except that the total amount of funds 2-68 received may not exceed the reasonable needs of the student as 2-69 determined by the postsecondary educational institution in which 2-70 the student is enrolled. 3-1 Sec. 106.078. REQUIRED CONTRACT. (a) A student may receive 3-2 assistance under this subchapter only if the student signs a 3-3 contract agreeing to provide health care services to the sponsoring 3-4 community upon completion of the academic program and licensure or 3-5 certification in the health care profession for which the student 3-6 is sponsored. 3-7 (b) The contract must provide that if the student does not 3-8 provide the required services to the community or provides those 3-9 services for less than the required time, the student is personally 3-10 liable to the state for: 3-11 (1) the total amount of assistance the student 3-12 receives from the center and the sponsoring community; 3-13 (2) interest on the total amount at a rate set by the 3-14 executive committee; and 3-15 (3) the state's reasonable expenses incurred in 3-16 obtaining payment, including reasonable attorney's fees. 3-17 Sec. 106.079. LOAN FORGIVENESS. (a) A loan recipient shall 3-18 be forgiven the principal and interest of one year's loan for each 3-19 year the recipient practices as a health care professional 3-20 providing health care services in the sponsoring community. 3-21 (b) A loan recipient must practice as a health care 3-22 professional providing health care services in the sponsoring 3-23 community for a minimum of two years. 3-24 (c) If the executive committee finds that a sponsoring 3-25 community is not in need of the student's services and that the 3-26 community is willing to forgive repayment of the principal balance 3-27 and interest of the student's loan, the executive committee by rule 3-28 may provide for the principal balance and interest of the student's 3-29 loan to be forgiven if the student provides services in another 3-30 qualified area in this state. 3-31 Sec. 106.080. FUND. (a) The health careers education fund 3-32 is established in the state treasury. 3-33 (b) The center shall administer the fund. 3-34 (c) The fund consists of gifts, grants, donations, the 3-35 market value of in-kind contributions, and principal and interest 3-36 payments on forgivable loans deposited to the credit of the fund by 3-37 the center. 3-38 (d) The center shall deposit any principal and interest 3-39 payments on forgivable loans to the credit of the fund. 3-40 (e) The center shall allocate the fund, as available, for 3-41 forgivable loans and community repayment under this subchapter. 3-42 (f) Unless otherwise provided by the General Appropriations 3-43 Act, the center may use money appropriated to the center to support 3-44 the fund. 3-45 Sec. 106.081. REPORTING, MONITORING. (a) The center shall 3-46 require reports from students, communities, and postsecondary 3-47 educational institutions as needed to monitor the program. 3-48 (b) The sponsoring community shall report to the executive 3-49 committee the length of time the student provides health care 3-50 services in the community in accordance with the guidelines 3-51 established by the executive committee. 3-52 (c) A postsecondary educational institution annually shall 3-53 report the progress and performance of each student to the 3-54 executive committee in accordance with the guidelines established 3-55 by the executive committee. The center shall distribute such 3-56 reports to the community sponsoring the student. 3-57 Sec. 106.082. PROGRAM PROMOTION. The center shall provide 3-58 postsecondary educational institutions and communities in qualified 3-59 areas with information about health care careers and loan 3-60 opportunities, including information on eligibility and 3-61 availability of funds under this subchapter. 3-62 Sec. 106.083. ADOPTION OF RULES. (a) The executive 3-63 committee shall adopt reasonable rules to enforce the requirements, 3-64 conditions, and limitations under this subchapter. 3-65 (b) The executive committee shall set the rate of interest 3-66 charged on a forgivable loan under this subchapter. 3-67 (c) The executive committee shall adopt rules necessary to 3-68 ensure compliance with the Civil Rights Act of 1964 (42 U.S.C. 3-69 Section 200d et seq.) concerning nondiscrimination in admissions. 3-70 SECTION 2. This Act takes effect September 1, 1993. 4-1 SECTION 3. The importance of this legislation and the 4-2 crowded condition of the calendars in both houses create an 4-3 emergency and an imperative public necessity that the 4-4 constitutional rule requiring bills to be read on three several 4-5 days in each house be suspended, and this rule is hereby suspended. 4-6 * * * * * 4-7 Austin, 4-8 Texas 4-9 May 23, 1993 4-10 Hon. Bob Bullock 4-11 President of the Senate 4-12 Sir: 4-13 We, your Committee on Health and Human Services to which was 4-14 referred H.B. No. 2241, have had the same under consideration, and 4-15 I am instructed to report it back to the Senate with the 4-16 recommendation that it do pass, as amended, and be printed. 4-17 Zaffirini, 4-18 Chair 4-19 * * * * * 4-20 WITNESSES 4-21 FOR AGAINST ON 4-22 ___________________________________________________________________ 4-23 Name: Sara McGonagle x 4-24 Representing: Tx Nurses Asso 4-25 City: Austin 4-26 ------------------------------------------------------------------- 4-27 Name: David Marwitz x 4-28 Representing: Tx Hospital Asso 4-29 City: Austin 4-30 ------------------------------------------------------------------- 4-31 Name: Karen Lindell x 4-32 Representing: Tx Rural Health Asso 4-33 City: Austin 4-34 ------------------------------------------------------------------- 4-35 Name: Richard King x 4-36 Representing: Am Asso of Retired Persons 4-37 City: Round Rock 4-38 ------------------------------------------------------------------- 4-39 Name: Troy Alexander x 4-40 Representing: Tx Academy of Family Physicia 4-41 City: Austin 4-42 ------------------------------------------------------------------- 4-43 Name: Claudia Siegel x 4-44 Representing: Center Rural Health Initiativ 4-45 City: Austin 4-46 -------------------------------------------------------------------