By Gray H.B. No. 1361
2001S0162/2
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;
3-1 (B) assuring the retention of an adequate number
3-2 of qualified faculty, including providing faculty salaries; or
3-3 (C) encouraging innovation in the recruitment
3-4 and retention of students;
3-5 (2) contingent on the professional nursing program's
3-6 having been approved as a professional nursing program by the
3-7 board or the Board of Nurse Examiners, as appropriate, by
3-8 September 1, 2001;
3-9 (3) contingent on the professional nursing program's
3-10 not being on probation with the Board of Nurse Examiners or other
3-11 accrediting body; and
3-12 (4) if granted to increase enrollments, contingent on
3-13 the professional nursing program's ability to enroll additional
3-14 students, including having the necessary classroom space and
3-15 clinical slots.
3-16 (b) Funds not expended on the costs described by Subsection
3-17 (a)(1) shall be returned to the board.
3-18 Sec. 61.924. ADMINISTRATION. The board shall adopt rules
3-19 and regulations for the administration of the professional nursing
3-20 shortage reduction program. The board shall grant funds under
3-21 Sections 61.923(a)(1)(A) and (B) in an equitable manner among the
3-22 various types of professional nursing programs. The board shall
3-23 grant funds under Section 61.923(a)(1)(C) in a manner that best
3-24 promotes innovation in the recruitment and retention of nursing
3-25 students.
3-26 Sec. 61.925. GRANTS, GIFTS, AND DONATIONS. In addition to
4-1 funds appropriated by the legislature, the board may solicit,
4-2 receive, and spend grants, gifts, and donations from public or
4-3 private sources for the purposes of this subchapter.
4-4 SECTION 4. Subchapter B, Chapter 54, Education Code, is
4-5 amended by adding Section 54.069 to read as follows:
4-6 Sec. 54.069. REGISTERED NURSES IN POSTGRADUATE NURSING
4-7 DEGREE PROGRAMS. (a) An institution of higher education may
4-8 permit a registered nurse authorized to practice professional
4-9 nursing in Texas to register by paying the tuition fees and other
4-10 fees or charges required for Texas residents under Section 54.051,
4-11 without regard to the length of time the registered nurse has
4-12 resided in Texas, if the registered nurse:
4-13 (1) is enrolled in a program designed to lead to a
4-14 master's degree or other higher degree in nursing; and
4-15 (2) intends to teach in a program in Texas designed to
4-16 prepare students for licensure as registered nurses.
4-17 (b) The institution may set additional qualifications and
4-18 conditions that a registered nurse must meet to qualify for tuition
4-19 and fees at the resident tuition rate under this section,
4-20 including:
4-21 (1) the minimum length of time required to teach in
4-22 Texas; and
4-23 (2) repayment of any reduction in tuition received
4-24 under this section if the person fails to teach for the length of
4-25 time required.
4-26 SECTION 5. Subdivision (1), Section 61.651, Education Code,
5-1 is amended to read as follows:
5-2 (1) "Professional nursing student" means a student
5-3 enrolled in an institution of higher education or a private or
5-4 independent institution of higher education in a course of study
5-5 leading to an initial or an advanced degree in professional
5-6 nursing.
5-7 SECTION 6. Section 61.653, Education Code, is amended to
5-8 read as follows:
5-9 Sec. 61.653. [Employer] MATCHING FUND PROGRAM. The board
5-10 shall establish and administer, using funds appropriated for that
5-11 purpose and in accordance with this subchapter and board rules, a
5-12 matching fund program under which a person [an employer] may
5-13 sponsor a professional nursing student or a vocational nursing
5-14 student by contributing to the costs of the student's education and
5-15 having that contribution matched in whole or in part by state funds
5-16 appropriated for that purpose.
5-17 SECTION 7. Section 61.655, Education Code, is amended to
5-18 read as follows:
5-19 Sec. 61.655. PURPOSE; ELIGIBILITY. (a) A scholarship
5-20 program, matching fund program, or loan repayment program
5-21 established under this subchapter shall be established and
5-22 administered in a manner that the board determines best promotes
5-23 the health care and educational needs of this state.
5-24 (b) The board may establish multiple categories of persons
5-25 to receive scholarships, matching funds, and loan repayments. The
5-26 board may include faculty with master's degrees or doctorates in
6-1 nursing from professional nursing programs among the categories of
6-2 persons authorized to receive loan repayments.
6-3 (c) Each year funds are available, the board shall establish
6-4 the categories of persons eligible to receive scholarships,
6-5 matching funds, and loan repayments and the criteria for selecting
6-6 persons to be assisted under each category. The criteria:
6-7 (1) must include [In determining what best promotes
6-8 the health care and educational needs of this state, the board
6-9 shall consider at a minimum the following factors relating to each
6-10 person being assisted]:
6-11 (A) [(1) ethnic or racial minority status;]
6-12 [(2)] scholastic ability and performance; and
6-13 (B) [(3) geographical area of nursing practice;]
6-14 [(4)] financial need; and
6-15 (2) may include:
6-16 (A) the geographical area in which the person is
6-17 likely to practice;
6-18 (B) [(5)] whether the person receives Aid to
6-19 Families with Dependent Children or participates in another public
6-20 welfare program;
6-21 (C) [(6)] employment by a state agency;
6-22 (D) [(7)] employment on a nursing school faculty
6-23 or a person's intention to seek employment on a nursing school
6-24 faculty; [and]
6-25 (E) [(8)] whether the person [at the time of
6-26 application to participate in the scholarship program, matching
7-1 fund program, or loan repayment program under this subchapter] is
7-2 [a] practicing [nurse] in a geographical area, a practice setting,
7-3 or an area of practice with an acute nursing shortage or is likely
7-4 to practice in such an area;
7-5 (F) the type of certificate or academic degree
7-6 held or pursued; or
7-7 (G) any additional factors the board considers
7-8 relevant to promoting the health care and educational needs of the
7-9 state.
7-10 SECTION 8. Subsections (c), (d), and (e), Section 61.656,
7-11 Education Code, are amended to read as follows:
7-12 (c) The board shall adopt rules relating to the
7-13 establishment and administration of the matching fund program under
7-14 Section 61.653 [of this code], including rules providing:
7-15 (1) eligibility criteria for sponsors [sponsoring
7-16 employers] and for students;
7-17 (2) the minimum and maximum sponsor [employer]
7-18 contributions that will be matched;
7-19 (3) conflict resolution procedures for resolving
7-20 disputes between the sponsor [sponsoring employer] and the student;
7-21 and
7-22 (4) a standard agreement for use by the sponsor and
7-23 the student [the form and manner in which the sponsoring employer
7-24 must make its contribution, including whether the contribution will
7-25 be made in a lump-sum payment at the beginning of a semester or
7-26 whether the contribution will be made in several payments over a
8-1 period of time;]
8-2 [(5) conditions under which a student may be required
8-3 to repay funds received under the matching fund program because of
8-4 inability to fulfill obligations under the program;]
8-5 [(6) conditions under which a sponsoring employer
8-6 would be returned any unexpended portion of the employer's
8-7 contribution;]
8-8 [(7) conditions under which the coordinating board
8-9 could cancel an agreement entered into under Subsection (d) of this
8-10 section between the student and the sponsoring employer; and]
8-11 [(8) a procedure for the disbursement of funds that
8-12 provides for participation by a variety of employers consistent
8-13 with the purposes established under this subchapter].
8-14 (d) [A student and the student's sponsoring employer shall
8-15 enter into a standard agreement as provided by board rules adopted
8-16 under this subsection. The board shall adopt rules providing for a
8-17 standard agreement for use in connection with the matching fund
8-18 program under Section 61.653 of this code, which agreement must
8-19 include provisions:]
8-20 [(1) requiring the sponsoring employer to employ the
8-21 student while in school and to provide a work schedule that
8-22 accommodates the student's class schedule;]
8-23 [(2) requiring the student to remain in the employ of
8-24 the sponsoring employer for at least one year after graduation;]
8-25 [(3) requiring the student to repay funds received if
8-26 the student fails to fulfill his or her responsibilities under the
9-1 matching fund program, except for specified reasons;]
9-2 [(4) providing for forfeiture of any funds contributed
9-3 by the sponsoring employer if the employer fails to fulfill its
9-4 obligations under the matching fund program, except for specified
9-5 reasons;]
9-6 [(5) requiring the student and sponsoring employer to
9-7 submit any dispute relating to responsibilities under the matching
9-8 fund program to be resolved under the dispute resolution procedures
9-9 established by the board; and]
9-10 [(6) granting authority to the board to cancel an
9-11 agreement entered into by a student and the student's sponsoring
9-12 employer if certain specified conditions are not met.]
9-13 [(e)] The board shall distribute [adopt rules providing for
9-14 the distribution of] information about the scholarship program,
9-15 matching fund program, and loan repayment program established under
9-16 this subchapter to:
9-17 (1) employers of registered nurses or licensed
9-18 vocational nurses;
9-19 (2) associations of employers;
9-20 (3) schools and educational programs for registered
9-21 nurses or licensed vocational nurses; and
9-22 (4) professional associations of registered nurses or
9-23 licensed vocational nurses.
9-24 SECTION 9. Section 61.658, Education Code, is amended by
9-25 adding Subsection (b) to read as follows:
9-26 (b) The board may structure the scholarship program, the
10-1 matching fund program, and the loan repayment program established
10-2 under this subchapter to secure funds available under federal
10-3 matching programs.
10-4 SECTION 10. Subchapter L, Chapter 61, Education Code, is
10-5 amended by adding Section 61.659 to read as follows:
10-6 Sec. 61.659. ADMINISTRATIVE COSTS. A reasonable amount, not
10-7 to exceed 10 percent, of the funds appropriated by the legislature
10-8 to fund the programs established under this subchapter, may be used
10-9 by the board to pay administrative costs of operating the programs.
10-10 SECTION 11. Subtitle E, Title 3, Occupations Code, is
10-11 amended by adding Chapter 304 to read as follows:
10-12 CHAPTER 304. NURSING WORKFORCE DATA CENTER
10-13 Sec. 304.001. DEFINITIONS. In this chapter:
10-14 (1) "Board" means the Board of Nurse Examiners.
10-15 (2) "Center" means the nursing workforce data center
10-16 established under this chapter.
10-17 (3) "Nurse" means a registered nurse or a licensed
10-18 vocational nurse.
10-19 (4) "Nursing" means professional or vocational
10-20 nursing.
10-21 (5) "Nursing personnel" means nurses, nurse aides, and
10-22 other licensed and unlicensed personnel providing nursing services.
10-23 Sec. 304.002. ESTABLISHMENT. (a) The board shall establish
10-24 a nursing workforce data center to address issues of supply and
10-25 demand for nursing.
10-26 (b) The board may contract with public or private entities
11-1 to establish and perform the responsibilities of the center.
11-2 Sec. 304.003. EXECUTIVE COMMITTEE. (a) The board shall
11-3 appoint an executive committee to be the policymaking body for the
11-4 center. A majority of the members of the executive committee must
11-5 be representatives designated by associations that represent
11-6 nurses, associations that represent employers of nurses, and
11-7 associations that represent educators of nurses. At least
11-8 one-third of the members must be representatives of the general
11-9 public. Other members may include nurse researchers, nurses,
11-10 consumers, and other appropriate individuals. Members shall serve
11-11 two-year staggered terms, with the terms of one-half of the members
11-12 expiring February 1 of each year.
11-13 (b) The executive committee shall:
11-14 (1) elect a chair and other officers from its
11-15 membership;
11-16 (2) set priorities for the center;
11-17 (3) develop and oversee long-term and short-term
11-18 strategic plans for the center;
11-19 (4) provide for review of reports prepared by the
11-20 center prior to publication; and
11-21 (5) appoint advisory committees as needed.
11-22 (c) A member of the executive committee is entitled to
11-23 receive a per diem as set by the General Appropriations Act for
11-24 each day a member engages in the business of the center. A member
11-25 is not entitled to reimbursement for travel expenses, including
11-26 expenses for meals and lodging, other than transportation expenses.
12-1 A member is entitled to reimbursement for transportation expenses
12-2 as provided by the General Appropriations Act.
12-3 Sec. 304.004. EXECUTIVE DIRECTOR. The operations of the
12-4 center shall be administered by an executive director, who shall be
12-5 a registered nurse. The executive director shall make periodic
12-6 reports to the executive committee concerning the operation of the
12-7 center.
12-8 Sec. 304.005. DATA COLLECTION AND ANALYSIS. The center
12-9 shall:
12-10 (1) collect data on nurses and other nursing
12-11 personnel, including demographics, areas of practice, supply,
12-12 demand, and migration. To the extent possible, the center shall
12-13 collect data:
12-14 (A) from existing sources that the center
12-15 determines are credible, but may take steps to collect additional
12-16 data, including conducting surveys; and
12-17 (B) on a county or other appropriate regional
12-18 basis;
12-19 (2) analyze data on nursing personnel to identify
12-20 trends relating to numbers and geographical distribution, practice
12-21 setting, and area of practice and, to the extent possible, compare
12-22 those trends with corresponding national trends; and
12-23 (3) predict supply and demand for nursing personnel in
12-24 Texas, including the development of a supply and demand model
12-25 appropriate for Texas.
12-26 Sec. 304.006. COORDINATION OF ACTIVITIES. The center shall
13-1 coordinate its activities with the Texas Higher Education
13-2 Coordinating Board, the statewide health coordinating council, the
13-3 Texas Workforce Commission, and other public entities to minimize
13-4 duplication of collection of data and to promote the sharing of
13-5 data.
13-6 Sec. 304.007. REPORTS. The center shall use the data
13-7 collected and analyzed under this chapter to publish reports
13-8 regarding:
13-9 (1) the educational and employment trends for nursing
13-10 personnel;
13-11 (2) the supply of and demand for nursing personnel;
13-12 and
13-13 (3) other issues, as necessary, concerning nursing in
13-14 the state.
13-15 Sec. 304.008. RECRUITMENT. The center may develop programs
13-16 relating to the recruitment of persons into nursing, including the
13-17 collection of data relating to career satisfaction for nurses.
13-18 Sec. 304.009. CLEARINGHOUSE. The center may establish a
13-19 clearinghouse for nursing education programs and health care
13-20 providers to identify sites available to nursing education programs
13-21 for providing clinical experiences for students.
13-22 Sec. 304.010. RULES. The board may adopt rules to implement
13-23 this chapter.
13-24 Sec. 304.011. FEES. The center may establish and charge
13-25 reasonable fees for nursing workforce data, reports produced, and
13-26 statistical and other services.
14-1 Sec. 304.012. FUNDING. In addition to funds appropriated by
14-2 the legislature, the center may solicit, receive, and spend grants,
14-3 gifts, and donations from public or private sources for the
14-4 purposes of this chapter.
14-5 Sec. 304.013. ADMINISTRATIVE COSTS. A reasonable amount of
14-6 the funds appropriated by the legislature to fund the center
14-7 established under this chapter, not to exceed five percent of the
14-8 amount of such funds, may be used by the board to pay
14-9 administrative costs of implementing this chapter.
14-10 SECTION 12. In appointing the initial members of the
14-11 executive committee of the nursing workforce data center, the Board
14-12 of Nurse Examiners shall appoint one-half of the members to terms
14-13 expiring February 1, 2003, and one-half of the members to terms
14-14 expiring February 1, 2005.
14-15 SECTION 13. (a) This Act takes effect September 1, 2001.
14-16 (b) The Texas Higher Education Coordinating Board is
14-17 required to implement Subchapter U, Chapter 61, Education Code, as
14-18 added by this Act, only if the legislature appropriates money for
14-19 the professional nursing shortage reduction program established
14-20 under that subchapter.