By Gray, Eiland, Solomons, Hochberg, H.B. No. 1361
Mowery, et al.
Substitute the following for H.B. No. 1361:
By Rangel C.S.H.B. No. 1361
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the reduction of the shortage of registered nurses by
1-3 establishing a program to increase enrollments in nursing education
1-4 programs, increasing nursing faculty, and creating a nursing
1-5 workforce data center.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. This Act may be cited as the Nursing Shortage
1-8 Reduction Act of 2001.
1-9 SECTION 2. (a) The legislature finds that:
1-10 (1) Texas is experiencing a significant shortage in
1-11 the registered nurses it needs;
1-12 (2) the health care needs of Texas' growing elderly
1-13 population create a need for more registered nurses;
1-14 (3) Texas' registered nurse workforce is aging, and as
1-15 registered nurses retire in increasing numbers, educating more
1-16 registered nurses is critical;
1-17 (4) the health care industry plays an important role
1-18 in the Texas economy and an adequate nursing workforce is an
1-19 essential component of the health care industry; and
1-20 (5) it is necessary to increase the number of
1-21 registered nurses in the state to protect the health, safety, and
1-22 welfare of the public.
1-23 (b) It is the purpose of this Act to establish a program to
1-24 increase the ability of professional nursing educational programs
2-1 to prepare the registered nurses Texas needs, to encourage persons
2-2 to enter the nursing profession or to teach in a nursing program,
2-3 and to establish a nursing workforce data center to address issues
2-4 of supply and demand in nursing.
2-5 SECTION 3. Chapter 61, Education Code, is amended by adding
2-6 Subchapter U to read as follows:
2-7 SUBCHAPTER U. PROFESSIONAL NURSING SHORTAGE
2-8 REDUCTION PROGRAM
2-9 Sec. 61.921. DEFINITION. In this subchapter, "professional
2-10 nursing program" means an educational program for preparing
2-11 students for initial licensure as registered nurses.
2-12 Sec. 61.922. PROGRAM. A professional nursing shortage
2-13 reduction program is established. The board shall administer the
2-14 professional nursing shortage reduction program to make grants to
2-15 professional nursing programs and other entities involved with a
2-16 professional nursing program in the preparation of students for
2-17 initial licensure as registered nurses in order to increase the
2-18 number and types of registered nurses to meet the needs for
2-19 registered nurses in the state.
2-20 Sec. 61.923. GRANTS. (a) A grant from the professional
2-21 nursing shortage reduction program to a professional nursing
2-22 program or other entity involved with a professional nursing
2-23 program in the preparation of students for initial licensure as
2-24 registered nurses must be:
2-25 (1) expended exclusively on costs related to:
2-26 (A) enrolling additional students;
2-27 (B) assuring the retention of an adequate number
3-1 of qualified faculty, including providing faculty salaries; or
3-2 (C) encouraging innovation in the recruitment
3-3 and retention of students;
3-4 (2) contingent on the professional nursing program's
3-5 having been approved as a professional nursing program by the
3-6 board or the Board of Nurse Examiners, as appropriate, by
3-7 September 1, 2001;
3-8 (3) contingent on the professional nursing program's
3-9 not being on probation with the Board of Nurse Examiners or other
3-10 accrediting body; and
3-11 (4) if granted to increase enrollments, contingent on
3-12 the professional nursing program's ability to enroll additional
3-13 students, including having the necessary classroom space and
3-14 clinical slots.
3-15 (b) Funds not expended on the costs described by Subsection
3-16 (a)(1) shall be returned to the board.
3-17 Sec. 61.924. ADMINISTRATION. The board shall adopt rules
3-18 and regulations for the administration of the professional nursing
3-19 shortage reduction program. The board shall grant funds under
3-20 Sections 61.923(a)(1)(A) and (B) in an equitable manner among the
3-21 various types of professional nursing programs. The board shall
3-22 grant funds under Section 61.923(a)(1)(C) in a manner that best
3-23 promotes innovation in the recruitment and retention of nursing
3-24 students.
3-25 Sec. 61.925. GRANTS, GIFTS, AND DONATIONS. In addition to
3-26 funds appropriated by the legislature, the board may solicit,
3-27 receive, and spend grants, gifts, and donations from public or
4-1 private sources for the purposes of this subchapter.
4-2 SECTION 4. Subchapter B, Chapter 54, Education Code, is
4-3 amended by adding Section 54.069 to read as follows:
4-4 Sec. 54.069. REGISTERED NURSES IN POSTGRADUATE NURSING
4-5 DEGREE PROGRAMS. An institution of higher education may permit a
4-6 registered nurse authorized to practice professional nursing in
4-7 Texas to register by paying the tuition fees and other fees or
4-8 charges required for Texas residents under Section 54.051, without
4-9 regard to the length of time the registered nurse has resided in
4-10 Texas, if the registered nurse:
4-11 (1) is enrolled in a program designed to lead to a
4-12 master's degree or other higher degree in nursing; and
4-13 (2) intends to teach in a program in Texas designed to
4-14 prepare students for licensure as registered nurses.
4-15 SECTION 5. Subdivision (1), Section 61.651, Education Code,
4-16 is amended to read as follows:
4-17 (1) "Professional nursing student" means a student
4-18 enrolled in an institution of higher education or a private or
4-19 independent institution of higher education in a course of study
4-20 leading to an initial or an advanced degree in professional
4-21 nursing.
4-22 SECTION 6. Section 61.653, Education Code, is amended to
4-23 read as follows:
4-24 Sec. 61.653. [EMPLOYER] MATCHING FUND PROGRAM. The board
4-25 shall establish and administer, using funds appropriated for that
4-26 purpose and in accordance with this subchapter and board rules, a
4-27 matching fund program under which a person [an employer] may
5-1 sponsor a professional nursing student or a vocational nursing
5-2 student by contributing to the costs of the student's education and
5-3 having that contribution matched in whole or in part by state funds
5-4 appropriated for that purpose.
5-5 SECTION 7. Section 61.655, Education Code, is amended to
5-6 read as follows:
5-7 Sec. 61.655. PURPOSE; ELIGIBILITY. (a) A scholarship
5-8 program, matching fund program, or loan repayment program
5-9 established under this subchapter shall be established and
5-10 administered in a manner that the board determines best promotes
5-11 the health care and educational needs of this state.
5-12 (b) The board may establish multiple categories of persons
5-13 to receive scholarships, matching funds, and loan repayments. The
5-14 board may include faculty from professional nursing programs with
5-15 master's degrees or doctorates among the categories of persons
5-16 authorized to receive loan repayments.
5-17 (c) Each year funds are available, the board shall establish
5-18 the categories of persons eligible to receive scholarships,
5-19 matching funds, and loan repayments and the criteria for selecting
5-20 persons to be assisted under each category. The criteria may
5-21 include [In determining what best promotes the health care and
5-22 educational needs of this state, the board shall consider at a
5-23 minimum the following factors relating to each person being
5-24 assisted]:
5-25 (1) [ethnic or racial minority status;]
5-26 [(2)] scholastic ability and performance;
5-27 (2) [(3) geographical area of nursing practice;]
6-1 [(4)] financial need;
6-2 (3) the geographical area in which the person is
6-3 likely to practice;
6-4 (4) [(5)] whether the person receives Aid to Families
6-5 with Dependent Children or participates in another public welfare
6-6 program;
6-7 (5) [(6)] employment by a state agency;
6-8 (6) [(7)] employment on a nursing school faculty or a
6-9 person's intention to seek employment on a nursing school faculty;
6-10 [and]
6-11 (7) [(8)] whether the person [at the time of
6-12 application to participate in the scholarship program, matching
6-13 fund program, or loan repayment program under this subchapter] is
6-14 [a] practicing [nurse] in a geographical area, a practice setting,
6-15 or an area of practice with an acute nursing shortage or is likely
6-16 to practice in such an area;
6-17 (8) the type of certificate or academic degree held or
6-18 pursued; or
6-19 (9) any additional factors the board considers
6-20 relevant to promoting the health care and educational needs of the
6-21 state.
6-22 SECTION 8. Subsections (c), (d), and (e), Section 61.656,
6-23 Education Code, are amended to read as follows:
6-24 (c) The board shall adopt rules relating to the
6-25 establishment and administration of the matching fund program under
6-26 Section 61.653 [of this code], including rules providing:
6-27 (1) eligibility criteria for sponsors [sponsoring
7-1 employers] and for students;
7-2 (2) the minimum and maximum sponsor [employer]
7-3 contributions that will be matched;
7-4 (3) conflict resolution procedures for resolving
7-5 disputes between the sponsor [sponsoring employer] and the student;
7-6 and
7-7 (4) a standard agreement for use by the sponsor and
7-8 the student [the form and manner in which the sponsoring employer
7-9 must make its contribution, including whether the contribution will
7-10 be made in a lump-sum payment at the beginning of a semester or
7-11 whether the contribution will be made in several payments over a
7-12 period of time;]
7-13 [(5) conditions under which a student may be required
7-14 to repay funds received under the matching fund program because of
7-15 inability to fulfill obligations under the program;]
7-16 [(6) conditions under which a sponsoring employer
7-17 would be returned any unexpended portion of the employer's
7-18 contribution;]
7-19 [(7) conditions under which the coordinating board
7-20 could cancel an agreement entered into under Subsection (d) of this
7-21 section between the student and the sponsoring employer; and]
7-22 [(8) a procedure for the disbursement of funds that
7-23 provides for participation by a variety of employers consistent
7-24 with the purposes established under this subchapter].
7-25 (d) [A student and the student's sponsoring employer shall
7-26 enter into a standard agreement as provided by board rules adopted
7-27 under this subsection. The board shall adopt rules providing for a
8-1 standard agreement for use in connection with the matching fund
8-2 program under Section 61.653 of this code, which agreement must
8-3 include provisions:]
8-4 [(1) requiring the sponsoring employer to employ the
8-5 student while in school and to provide a work schedule that
8-6 accommodates the student's class schedule;]
8-7 [(2) requiring the student to remain in the employ of
8-8 the sponsoring employer for at least one year after graduation;]
8-9 [(3) requiring the student to repay funds received if
8-10 the student fails to fulfill his or her responsibilities under the
8-11 matching fund program, except for specified reasons;]
8-12 [(4) providing for forfeiture of any funds contributed
8-13 by the sponsoring employer if the employer fails to fulfill its
8-14 obligations under the matching fund program, except for specified
8-15 reasons;]
8-16 [(5) requiring the student and sponsoring employer to
8-17 submit any dispute relating to responsibilities under the matching
8-18 fund program to be resolved under the dispute resolution procedures
8-19 established by the board; and]
8-20 [(6) granting authority to the board to cancel an
8-21 agreement entered into by a student and the student's sponsoring
8-22 employer if certain specified conditions are not met.]
8-23 [(e)] The board shall distribute [adopt rules providing for
8-24 the distribution of] information about the scholarship program,
8-25 matching fund program, and loan repayment program established under
8-26 this subchapter to:
8-27 (1) employers of registered nurses or licensed
9-1 vocational nurses;
9-2 (2) associations of employers;
9-3 (3) schools and educational programs for registered
9-4 nurses or licensed vocational nurses; and
9-5 (4) professional associations of registered nurses or
9-6 licensed vocational nurses.
9-7 SECTION 9. Section 61.658, Education Code, is amended by
9-8 adding Subsection (b) to read as follows:
9-9 (b) The board may structure the scholarship program, the
9-10 matching fund program, and the loan repayment program established
9-11 under this subchapter to secure funds available under federal
9-12 matching programs.
9-13 SECTION 10. Subchapter L, Chapter 61, Education Code, is
9-14 amended by adding Section 61.659 to read as follows:
9-15 Sec. 61.659. ADMINISTRATIVE COSTS. A reasonable amount, not
9-16 to exceed 10 percent, of the funds appropriated by the legislature
9-17 to fund the programs established under this subchapter, may be used
9-18 by the board to pay administrative costs of operating the programs.
9-19 SECTION 11. Subtitle E, Title 3, Occupations Code, is
9-20 amended by adding Chapter 304 to read as follows:
9-21 CHAPTER 304. NURSING WORKFORCE DATA CENTER
9-22 Sec. 304.001. DEFINITIONS. In this chapter:
9-23 (1) "Board" means the Board of Nurse Examiners.
9-24 (2) "Center" means the nursing workforce data center
9-25 established under this chapter.
9-26 (3) "Nurse" means a registered nurse or a licensed
9-27 vocational nurse.
10-1 (4) "Nursing" means professional or vocational
10-2 nursing.
10-3 (5) "Nursing personnel" means nurses, nurse aides, and
10-4 other licensed and unlicensed personnel providing nursing services.
10-5 Sec. 304.002. ESTABLISHMENT. (a) The board shall establish
10-6 a nursing workforce data center to address issues of supply and
10-7 demand for nursing.
10-8 (b) The board may contract with public or private entities
10-9 to establish and perform the responsibilities of the center.
10-10 Sec. 304.003. EXECUTIVE COMMITTEE. (a) The board shall
10-11 appoint an executive committee to be the policymaking body for the
10-12 center. A majority of the members of the executive committee must
10-13 be representatives designated by associations that represent
10-14 nurses, associations that represent employers of nurses, and
10-15 associations that represent educators of nurses. At least
10-16 one-third of the members must be representatives of the general
10-17 public. Other members may include nurse researchers, nurses,
10-18 consumers, and other appropriate individuals. Members shall serve
10-19 two-year staggered terms, with the terms of one-half of the members
10-20 expiring February 1 of each year.
10-21 (b) The executive committee shall:
10-22 (1) elect a chair and other officers from its
10-23 membership;
10-24 (2) set priorities for the center;
10-25 (3) develop and oversee long-term and short-term
10-26 strategic plans for the center;
10-27 (4) provide for review of reports prepared by the
11-1 center prior to publication; and
11-2 (5) appoint advisory committees as needed.
11-3 (c) A member of the executive committee is entitled to
11-4 receive a per diem as set by the General Appropriations Act for
11-5 each day a member engages in the business of the center. A member
11-6 is not entitled to reimbursement for travel expenses, including
11-7 expenses for meals and lodging, other than transportation expenses.
11-8 A member is entitled to reimbursement for transportation expenses
11-9 as provided by the General Appropriations Act.
11-10 Sec. 304.004. EXECUTIVE DIRECTOR. The operations of the
11-11 center shall be administered by an executive director, who shall be
11-12 a registered nurse. The executive director shall make periodic
11-13 reports to the executive committee concerning the operation of the
11-14 center.
11-15 Sec. 304.005. DATA COLLECTION AND ANALYSIS. The center
11-16 shall:
11-17 (1) collect data on nurses and other nursing
11-18 personnel, including demographics, areas of practice, supply,
11-19 demand, and migration. To the extent possible, the center shall
11-20 collect data:
11-21 (A) from existing sources that the center
11-22 determines are credible, including information submitted in
11-23 aggregate by entities that collect similar data, but may take steps
11-24 to collect additional data, including conducting surveys; and
11-25 (B) on a county or other appropriate regional
11-26 basis;
11-27 (2) analyze data on nursing personnel to identify
12-1 trends relating to numbers and geographical distribution, practice
12-2 setting, and area of practice and, to the extent possible, compare
12-3 those trends with corresponding national trends; and
12-4 (3) predict supply and demand for nursing personnel in
12-5 Texas, including the development of a supply and demand model
12-6 appropriate for Texas.
12-7 Sec. 304.006. CONFIDENTIALITY. Reports, records, and
12-8 information obtained under this chapter are confidential and are
12-9 not subject to disclosure under Chapter 552, Government Code, or to
12-10 subpoena.
12-11 Sec. 304.007. COORDINATION OF ACTIVITIES. The center shall
12-12 coordinate its activities with the Texas Higher Education
12-13 Coordinating Board, the statewide health coordinating council, the
12-14 Texas Workforce Commission, and other public entities to minimize
12-15 duplication of collection of data and to promote the sharing of
12-16 data.
12-17 Sec. 304.008. REPORTS. (a) The center shall use the data
12-18 collected and analyzed under this chapter to publish reports
12-19 regarding:
12-20 (1) the educational and employment trends for nursing
12-21 personnel;
12-22 (2) the supply of and demand for nursing personnel;
12-23 and
12-24 (3) other issues, as necessary, concerning nursing in
12-25 the state.
12-26 (b) Reports, records, and information must be released in
12-27 the aggregate and may not contain employer-specific data.
13-1 Sec. 304.009. RECRUITMENT. The center may develop programs
13-2 relating to the recruitment of persons into nursing, including the
13-3 collection of data relating to career satisfaction for nurses.
13-4 Sec. 304.010. CLEARINGHOUSE. The center may establish a
13-5 clearinghouse for nursing education programs and health care
13-6 providers to identify sites available to nursing education programs
13-7 for providing clinical experiences for students.
13-8 Sec. 304.011. RULES. The board may adopt rules to implement
13-9 this chapter.
13-10 Sec. 304.012. FEES. The center may establish and charge
13-11 reasonable fees for nursing workforce data, reports produced, and
13-12 statistical and other services.
13-13 Sec. 304.013. FUNDING. In addition to funds appropriated by
13-14 the legislature, the center may solicit, receive, and spend grants,
13-15 gifts, and donations from public or private sources for the
13-16 purposes of this chapter.
13-17 Sec. 304.014. ADMINISTRATIVE COSTS. A reasonable amount of
13-18 the funds appropriated by the legislature to fund the center
13-19 established under this chapter, not to exceed five percent of the
13-20 amount of such funds, may be used by the board to pay
13-21 administrative costs of implementing this chapter.
13-22 SECTION 12. In appointing the initial members of the
13-23 executive committee of the nursing workforce data center, the Board
13-24 of Nurse Examiners shall appoint one-half of the members to terms
13-25 expiring February 1, 2003, and one-half of the members to terms
13-26 expiring February 1, 2005.
13-27 SECTION 13. (a) This Act takes effect September 1, 2001.
14-1 (b) The Texas Higher Education Coordinating Board is
14-2 required to implement Subchapter U, Chapter 61, Education Code, as
14-3 added by this Act, only if the legislature appropriates money for
14-4 the professional nursing shortage reduction program established
14-5 under that subchapter.
14-6 (c) The Board of Nurse Examiners is required to implement
14-7 Chapter 304, Occupations Code, as added by this Act, only if the
14-8 legislature appropriates money for the nursing workforce data
14-9 center established under that chapter.