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
1-25 to prepare the registered nurses Texas needs, to encourage persons
2-1 to enter the nursing profession or to teach in a nursing program,
2-2 and to establish a nursing workforce data center to address issues
2-3 of supply and demand in nursing.
2-4 SECTION 3. Chapter 61, Education Code, is amended by adding
2-5 Subchapter U to read as follows:
2-6 SUBCHAPTER U. PROFESSIONAL NURSING SHORTAGE
2-7 REDUCTION PROGRAM
2-8 Sec. 61.921. DEFINITION. In this subchapter, "professional
2-9 nursing program" means an educational program for preparing
2-10 students for initial licensure as registered nurses.
2-11 Sec. 61.922. PROGRAM. A professional nursing shortage
2-12 reduction program is established. The board shall administer the
2-13 professional nursing shortage reduction program to make grants to
2-14 professional nursing programs and other entities involved with a
2-15 professional nursing program in the preparation of students for
2-16 initial licensure as registered nurses in order to increase the
2-17 number and types of registered nurses to meet the needs for
2-18 registered nurses in the state.
2-19 Sec. 61.923. GRANTS. (a) A grant from the professional
2-20 nursing shortage reduction program to a professional nursing
2-21 program or other entity involved with a professional nursing
2-22 program in the preparation of students for initial licensure as
2-23 registered nurses must be:
2-24 (1) expended exclusively on costs related to:
2-25 (A) enrolling additional students;
2-26 (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, including the recruitment and retention
3-4 of Spanish-speaking and bilingual 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, including the recruitment and retention of
3-26 Spanish-speaking and bilingual students.
4-1 Sec. 61.925. GRANTS, GIFTS, AND DONATIONS. In addition to
4-2 funds appropriated by the legislature, the board may solicit,
4-3 receive, and spend grants, gifts, and donations from public or
4-4 private sources for the purposes of this subchapter.
4-5 Sec. 61.926. ANNUAL REPORT. (a) Each institution of higher
4-6 education that has a professional nursing program shall submit an
4-7 annual report to the board detailing its strategy for increasing
4-8 the number of students that graduate from the program prepared for
4-9 licensure as registered nurses. The report must include:
4-10 (1) the capacity of the program to graduate more
4-11 students prepared for licensure as registered nurses; and
4-12 (2) the resources allocated to increase the number of
4-13 students that graduate from the program prepared for licensure as
4-14 registered nurses.
4-15 (b) The board may adopt rules to implement this section.
4-16 SECTION 4. Subchapter B, Chapter 54, Education Code, is
4-17 amended by adding Section 54.069 to read as follows:
4-18 Sec. 54.069. REGISTERED NURSES IN POSTGRADUATE NURSING
4-19 DEGREE PROGRAMS. An institution of higher education may permit a
4-20 registered nurse authorized to practice professional nursing in
4-21 Texas to register by paying the tuition fees and other fees or
4-22 charges required for Texas residents under Section 54.051, without
4-23 regard to the length of time the registered nurse has resided in
4-24 Texas, if the registered nurse:
4-25 (1) is enrolled in a program designed to lead to a
4-26 master's degree or other higher degree in nursing; and
5-1 (2) intends to teach in a program in Texas designed to
5-2 prepare students for licensure as registered nurses.
5-3 SECTION 5. Subdivision (1), Section 61.651, Education Code,
5-4 is amended to read as follows:
5-5 (1) "Professional nursing student" means a student
5-6 enrolled in an institution of higher education or a private or
5-7 independent institution of higher education in a course of study
5-8 leading to an initial or an advanced degree in professional
5-9 nursing.
5-10 SECTION 6. Section 61.653, Education Code, is amended to
5-11 read as follows:
5-12 Sec. 61.653. [EMPLOYER] MATCHING FUND PROGRAM. The board
5-13 shall establish and administer, using funds appropriated for that
5-14 purpose and in accordance with this subchapter and board rules, a
5-15 matching fund program under which a person [an employer] may
5-16 sponsor a professional nursing student or a vocational nursing
5-17 student by contributing to the costs of the student's education and
5-18 having that contribution matched in whole or in part by state funds
5-19 appropriated for that purpose.
5-20 SECTION 7. Section 61.655, Education Code, is amended to
5-21 read as follows:
5-22 Sec. 61.655. PURPOSE; ELIGIBILITY. (a) A scholarship
5-23 program, matching fund program, or loan repayment program
5-24 established under this subchapter shall be established and
5-25 administered in a manner that the board determines best promotes
5-26 the health care and educational needs of this state.
6-1 (b) The board may establish multiple categories of persons
6-2 to receive scholarships, matching funds, and loan repayments. The
6-3 board may include faculty from professional nursing programs with
6-4 master's degrees or doctorates among the categories of persons
6-5 authorized to receive loan repayments.
6-6 (c) Each year funds are available, the board shall establish
6-7 the categories of persons eligible to receive scholarships,
6-8 matching funds, and loan repayments and the criteria for selecting
6-9 persons to be assisted under each category. The criteria may
6-10 include [In determining what best promotes the health care and
6-11 educational needs of this state, the board shall consider at a
6-12 minimum the following factors relating to each person being
6-13 assisted]:
6-14 (1) [ethnic or racial minority status;]
6-15 [(2)] scholastic ability and performance;
6-16 (2) [(3) geographical area of nursing practice;]
6-17 [(4)] financial need;
6-18 (3) the geographical area in which the person is
6-19 likely to practice;
6-20 (4) [(5)] whether the person receives Aid to Families
6-21 with Dependent Children or participates in another public welfare
6-22 program;
6-23 (5) [(6)] employment by a state agency;
6-24 (6) [(7)] employment on a nursing school faculty or a
6-25 person's intention to seek employment on a nursing school faculty;
6-26 [and]
7-1 (7) [(8)] whether the person [at the time of
7-2 application to participate in the scholarship program, matching
7-3 fund program, or loan repayment program under this subchapter] is
7-4 [a] practicing [nurse] in a geographical area, a practice setting,
7-5 or an area of practice with an acute nursing shortage or is likely
7-6 to practice in such an area;
7-7 (8) the type of certificate or academic degree held or
7-8 pursued; or
7-9 (9) any additional factors the board considers
7-10 relevant to promoting the health care and educational needs of the
7-11 state.
7-12 SECTION 8. Subsections (c), (d), and (e), Section 61.656,
7-13 Education Code, are amended to read as follows:
7-14 (c) The board shall adopt rules relating to the
7-15 establishment and administration of the matching fund program under
7-16 Section 61.653 [of this code], including rules providing:
7-17 (1) eligibility criteria for sponsors [sponsoring
7-18 employers] and for students;
7-19 (2) the minimum and maximum sponsor [employer]
7-20 contributions that will be matched;
7-21 (3) conflict resolution procedures for resolving
7-22 disputes between the sponsor [sponsoring employer] and the student;
7-23 and
7-24 (4) a standard agreement for use by the sponsor and
7-25 the student [the form and manner in which the sponsoring employer
7-26 must make its contribution, including whether the contribution will
8-1 be made in a lump-sum payment at the beginning of a semester or
8-2 whether the contribution will be made in several payments over a
8-3 period of time;]
8-4 [(5) conditions under which a student may be required
8-5 to repay funds received under the matching fund program because of
8-6 inability to fulfill obligations under the program;]
8-7 [(6) conditions under which a sponsoring employer
8-8 would be returned any unexpended portion of the employer's
8-9 contribution;]
8-10 [(7) conditions under which the coordinating board
8-11 could cancel an agreement entered into under Subsection (d) of this
8-12 section between the student and the sponsoring employer; and]
8-13 [(8) a procedure for the disbursement of funds that
8-14 provides for participation by a variety of employers consistent
8-15 with the purposes established under this subchapter].
8-16 (d) [A student and the student's sponsoring employer shall
8-17 enter into a standard agreement as provided by board rules adopted
8-18 under this subsection. The board shall adopt rules providing for a
8-19 standard agreement for use in connection with the matching fund
8-20 program under Section 61.653 of this code, which agreement must
8-21 include provisions:]
8-22 [(1) requiring the sponsoring employer to employ the
8-23 student while in school and to provide a work schedule that
8-24 accommodates the student's class schedule;]
8-25 [(2) requiring the student to remain in the employ of
8-26 the sponsoring employer for at least one year after graduation;]
9-1 [(3) requiring the student to repay funds received if
9-2 the student fails to fulfill his or her responsibilities under the
9-3 matching fund program, except for specified reasons;]
9-4 [(4) providing for forfeiture of any funds contributed
9-5 by the sponsoring employer if the employer fails to fulfill its
9-6 obligations under the matching fund program, except for specified
9-7 reasons;]
9-8 [(5) requiring the student and sponsoring employer to
9-9 submit any dispute relating to responsibilities under the matching
9-10 fund program to be resolved under the dispute resolution procedures
9-11 established by the board; and]
9-12 [(6) granting authority to the board to cancel an
9-13 agreement entered into by a student and the student's sponsoring
9-14 employer if certain specified conditions are not met.]
9-15 [(e)] The board shall distribute [adopt rules providing for
9-16 the distribution of] information about the scholarship program,
9-17 matching fund program, and loan repayment program established under
9-18 this subchapter to:
9-19 (1) employers of registered nurses or licensed
9-20 vocational nurses;
9-21 (2) associations of employers;
9-22 (3) schools and educational programs for registered
9-23 nurses or licensed vocational nurses; and
9-24 (4) professional associations of registered nurses or
9-25 licensed vocational nurses.
9-26 SECTION 9. Section 61.658, Education Code, is amended by
10-1 adding Subsection (b) to read as follows:
10-2 (b) The board may structure the scholarship program, the
10-3 matching fund program, and the loan repayment program established
10-4 under this subchapter to secure funds available under federal
10-5 matching programs.
10-6 SECTION 10. Subchapter L, Chapter 61, Education Code, is
10-7 amended by adding Section 61.659 to read as follows:
10-8 Sec. 61.659. ADMINISTRATIVE COSTS. A reasonable amount, not
10-9 to exceed 10 percent, of the funds appropriated by the legislature
10-10 to fund the programs established under this subchapter, may be used
10-11 by the board to pay administrative costs of operating the programs.
10-12 SECTION 11. Section 63.202, Education Code, is amended by
10-13 adding Subsections (f) and (g) to read as follows:
10-14 (f) Notwithstanding the limitation provided by Subsection
10-15 (b), in awarding grants under Subsection (c) for the state fiscal
10-16 biennium ending on August 31, 2003, the Texas Higher Education
10-17 Coordinating Board:
10-18 (1) may make awards to any program preparing students
10-19 for initial licensure as registered nurses, including two-year
10-20 institutions of higher education and independent or private
10-21 institutions of higher education;
10-22 (2) shall give priority in awarding grants to:
10-23 (A) institutions proposing to address the
10-24 shortage of registered nurses by promoting innovation in
10-25 recruitment and retention of nursing students and faculty; and
10-26 (B) institutions seeking to increase enrollments
11-1 in their nursing programs through financial incentives to faculty
11-2 to provide clinical and classroom instruction in addition to
11-3 carrying a full teaching load; and
11-4 (3) may consider the availability of matching funds in
11-5 awarding grants.
11-6 (g) Subsection (f) and this subsection expire September 1,
11-7 2003.
11-8 SECTION 12. Subtitle E, Title 3, Occupations Code, is
11-9 amended by adding Chapter 304 to read as follows:
11-10 CHAPTER 304. NURSING WORKFORCE DATA CENTER
11-11 Sec. 304.001. DEFINITIONS. In this chapter:
11-12 (1) "Board" means the Board of Nurse Examiners.
11-13 (2) "Center" means the nursing workforce data center
11-14 established under this chapter.
11-15 (3) "Nurse" means a registered nurse or a licensed
11-16 vocational nurse.
11-17 (4) "Nursing" means professional or vocational
11-18 nursing.
11-19 (5) "Nursing personnel" means nurses, nurse aides, and
11-20 other licensed and unlicensed personnel providing nursing services.
11-21 Sec. 304.002. ESTABLISHMENT. (a) The board shall establish
11-22 a nursing workforce data center to address issues of supply and
11-23 demand for nursing.
11-24 (b) The board may contract with public or private entities
11-25 to establish and perform the responsibilities of the center.
11-26 Sec. 304.003. EXECUTIVE COMMITTEE. (a) The board shall
12-1 appoint an executive committee to be the policymaking body for the
12-2 center. A majority of the members of the executive committee must
12-3 be representatives designated by associations that represent
12-4 nurses, associations that represent employers of nurses, and
12-5 associations that represent educators of nurses. At least
12-6 one-third of the members must be representatives of the general
12-7 public. Other members may include nurse researchers, nurses,
12-8 consumers, and other appropriate individuals. Members shall serve
12-9 two-year staggered terms, with the terms of one-half of the members
12-10 expiring February 1 of each year.
12-11 (b) The executive committee shall:
12-12 (1) elect a chair and other officers from its
12-13 membership;
12-14 (2) set priorities for the center;
12-15 (3) develop and oversee long-term and short-term
12-16 strategic plans for the center;
12-17 (4) provide for review of reports prepared by the
12-18 center prior to publication; and
12-19 (5) appoint advisory committees as needed.
12-20 (c) A member of the executive committee is entitled to
12-21 receive a per diem as set by the General Appropriations Act for
12-22 each day a member engages in the business of the center. A member
12-23 is not entitled to reimbursement for travel expenses, including
12-24 expenses for meals and lodging, other than transportation expenses.
12-25 A member is entitled to reimbursement for transportation expenses
12-26 as provided by the General Appropriations Act.
13-1 Sec. 304.004. EXECUTIVE DIRECTOR. The operations of the
13-2 center shall be administered by an executive director, who shall be
13-3 a registered nurse. The executive director shall make periodic
13-4 reports to the executive committee concerning the operation of the
13-5 center.
13-6 Sec. 304.005. DATA COLLECTION AND ANALYSIS. The center
13-7 shall:
13-8 (1) collect data on nurses and other nursing
13-9 personnel, including demographics, areas of practice, supply,
13-10 demand, and migration. To the extent possible, the center shall
13-11 collect data:
13-12 (A) from existing sources that the center
13-13 determines are credible, including information submitted in
13-14 aggregate by entities that collect similar data, but may take steps
13-15 to collect additional data, including conducting surveys; and
13-16 (B) on a county or other appropriate regional
13-17 basis;
13-18 (2) analyze data on nursing personnel to identify
13-19 trends relating to numbers and geographical distribution, practice
13-20 setting, and area of practice and, to the extent possible, compare
13-21 those trends with corresponding national trends; and
13-22 (3) predict supply and demand for nursing personnel in
13-23 Texas, including the development of a supply and demand model
13-24 appropriate for Texas.
13-25 Sec. 304.006. CONFIDENTIALITY. Reports, records, and
13-26 information obtained by the center under this chapter are
14-1 confidential and are not subject to disclosure under Chapter 552,
14-2 Government Code.
14-3 Sec. 304.007. COORDINATION OF ACTIVITIES. The center shall
14-4 coordinate its activities with the Texas Higher Education
14-5 Coordinating Board, the statewide health coordinating council, the
14-6 Texas Workforce Commission, and other public entities to minimize
14-7 duplication of collection of data and to promote the sharing of
14-8 data.
14-9 Sec. 304.008. REPORTS. (a) The center shall use the data
14-10 collected and analyzed under this chapter to publish reports
14-11 regarding:
14-12 (1) the educational and employment trends for nursing
14-13 personnel;
14-14 (2) the supply of and demand for nursing personnel;
14-15 and
14-16 (3) other issues, as necessary, concerning nursing in
14-17 the state.
14-18 (b) Reports, records, and information must be released in
14-19 the aggregate and may not contain employer-specific data.
14-20 Sec. 304.009. RECRUITMENT. The center may develop programs
14-21 relating to the recruitment of persons into nursing, including the
14-22 collection of data relating to career satisfaction for nurses.
14-23 Sec. 304.010. CLEARINGHOUSE. The center may establish a
14-24 clearinghouse for nursing education programs and health care
14-25 providers to identify sites available to nursing education programs
14-26 for providing clinical experiences for students.
15-1 Sec. 304.011. RULES. The board may adopt rules to implement
15-2 this chapter.
15-3 Sec. 304.012. FEES. The center may establish and charge
15-4 reasonable fees for nursing workforce data, reports produced, and
15-5 statistical and other services.
15-6 Sec. 304.013. FUNDING. In addition to funds appropriated by
15-7 the legislature, the center may solicit, receive, and spend grants,
15-8 gifts, and donations from public or private sources for the
15-9 purposes of this chapter.
15-10 Sec. 304.014. ADMINISTRATIVE COSTS. A reasonable amount of
15-11 the funds appropriated by the legislature to fund the center
15-12 established under this chapter, not to exceed five percent of the
15-13 amount of such funds, may be used by the board to pay
15-14 administrative costs of implementing this chapter.
15-15 SECTION 13. In appointing the initial members of the
15-16 executive committee of the nursing workforce data center, the Board
15-17 of Nurse Examiners shall appoint one-half of the members to terms
15-18 expiring February 1, 2003, and one-half of the members to terms
15-19 expiring February 1, 2005.
15-20 SECTION 14. (a) This Act takes effect September 1, 2001.
15-21 (b) The Texas Higher Education Coordinating Board is
15-22 required to implement Subchapter U, Chapter 61, Education Code, as
15-23 added by this Act, only if the legislature appropriates money for
15-24 the professional nursing shortage reduction program established
15-25 under that subchapter.
15-26 (c) The Board of Nurse Examiners is required to implement
16-1 Chapter 304, Occupations Code, as added by this Act, only if the
16-2 legislature appropriates money for the nursing workforce data
16-3 center established under that chapter.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 572 passed the Senate on
April 17, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 572 passed the House, with
amendments, on May 11, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor