1-1 By: Moncrief, et al. S.B. No. 572
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 9, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 April 9, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 572 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the reduction of the shortage of registered nurses by
1-11 establishing a program to increase enrollments in nursing education
1-12 programs, increasing nursing faculty, and creating a nursing
1-13 workforce data center.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. This Act may be cited as the Nursing Shortage
1-16 Reduction Act of 2001.
1-17 SECTION 2. (a) The legislature finds that:
1-18 (1) Texas is experiencing a significant shortage in
1-19 the registered nurses it needs;
1-20 (2) the health care needs of Texas' growing elderly
1-21 population create a need for more registered nurses;
1-22 (3) Texas' registered nurse workforce is aging, and as
1-23 registered nurses retire in increasing numbers, educating more
1-24 registered nurses is critical;
1-25 (4) the health care industry plays an important role
1-26 in the Texas economy and an adequate nursing workforce is an
1-27 essential component of the health care industry; and
1-28 (5) it is necessary to increase the number of
1-29 registered nurses in the state to protect the health, safety, and
1-30 welfare of the public.
1-31 (b) It is the purpose of this Act to establish a program to
1-32 increase the ability of professional nursing educational programs
1-33 to prepare the registered nurses Texas needs, to encourage persons
1-34 to enter the nursing profession or to teach in a nursing program,
1-35 and to establish a nursing workforce data center to address issues
1-36 of supply and demand in nursing.
1-37 SECTION 3. Chapter 61, Education Code, is amended by adding
1-38 Subchapter U to read as follows:
1-39 SUBCHAPTER U. PROFESSIONAL NURSING SHORTAGE
1-40 REDUCTION PROGRAM
1-41 Sec. 61.921. DEFINITION. In this subchapter, "professional
1-42 nursing program" means an educational program for preparing
1-43 students for initial licensure as registered nurses.
1-44 Sec. 61.922. PROGRAM. A professional nursing shortage
1-45 reduction program is established. The board shall administer the
1-46 professional nursing shortage reduction program to make grants to
1-47 professional nursing programs and other entities involved with a
1-48 professional nursing program in the preparation of students for
1-49 initial licensure as registered nurses in order to increase the
1-50 number and types of registered nurses to meet the needs for
1-51 registered nurses in the state.
1-52 Sec. 61.923. GRANTS. (a) A grant from the professional
1-53 nursing shortage reduction program to a professional nursing
1-54 program or other entity involved with a professional nursing
1-55 program in the preparation of students for initial licensure as
1-56 registered nurses must be:
1-57 (1) expended exclusively on costs related to:
1-58 (A) enrolling additional students;
1-59 (B) assuring the retention of an adequate number
1-60 of qualified faculty, including providing faculty salaries; or
1-61 (C) encouraging innovation in the recruitment
1-62 and retention of students;
1-63 (2) contingent on the professional nursing program's
1-64 having been approved as a professional nursing program by the
2-1 board or the Board of Nurse Examiners, as appropriate, by
2-2 September 1, 2001;
2-3 (3) contingent on the professional nursing program's
2-4 not being on probation with the Board of Nurse Examiners or other
2-5 accrediting body; and
2-6 (4) if granted to increase enrollments, contingent on
2-7 the professional nursing program's ability to enroll additional
2-8 students, including having the necessary classroom space and
2-9 clinical slots.
2-10 (b) Funds not expended on the costs described by Subsection
2-11 (a)(1) shall be returned to the board.
2-12 Sec. 61.924. ADMINISTRATION. The board shall adopt rules
2-13 and regulations for the administration of the professional nursing
2-14 shortage reduction program. The board shall grant funds under
2-15 Sections 61.923(a)(1)(A) and (B) in an equitable manner among the
2-16 various types of professional nursing programs. The board shall
2-17 grant funds under Section 61.923(a)(1)(C) in a manner that best
2-18 promotes innovation in the recruitment and retention of nursing
2-19 students.
2-20 Sec. 61.925. GRANTS, GIFTS, AND DONATIONS. In addition to
2-21 funds appropriated by the legislature, the board may solicit,
2-22 receive, and spend grants, gifts, and donations from public or
2-23 private sources for the purposes of this subchapter.
2-24 SECTION 4. Subchapter B, Chapter 54, Education Code, is
2-25 amended by adding Section 54.069 to read as follows:
2-26 Sec. 54.069. REGISTERED NURSES IN POSTGRADUATE NURSING
2-27 DEGREE PROGRAMS. An institution of higher education may permit a
2-28 registered nurse authorized to practice professional nursing in
2-29 Texas to register by paying the tuition fees and other fees or
2-30 charges required for Texas residents under Section 54.051, without
2-31 regard to the length of time the registered nurse has resided in
2-32 Texas, if the registered nurse:
2-33 (1) is enrolled in a program designed to lead to a
2-34 master's degree or other higher degree in nursing; and
2-35 (2) intends to teach in a program in Texas designed to
2-36 prepare students for licensure as registered nurses.
2-37 SECTION 5. Subdivision (1), Section 61.651, Education Code,
2-38 is amended to read as follows:
2-39 (1) "Professional nursing student" means a student
2-40 enrolled in an institution of higher education or a private or
2-41 independent institution of higher education in a course of study
2-42 leading to an initial or an advanced degree in professional
2-43 nursing.
2-44 SECTION 6. Section 61.653, Education Code, is amended to
2-45 read as follows:
2-46 Sec. 61.653. [EMPLOYER] MATCHING FUND PROGRAM. The board
2-47 shall establish and administer, using funds appropriated for that
2-48 purpose and in accordance with this subchapter and board rules, a
2-49 matching fund program under which a person [an employer] may
2-50 sponsor a professional nursing student or a vocational nursing
2-51 student by contributing to the costs of the student's education and
2-52 having that contribution matched in whole or in part by state funds
2-53 appropriated for that purpose.
2-54 SECTION 7. Section 61.655, Education Code, is amended to
2-55 read as follows:
2-56 Sec. 61.655. PURPOSE; ELIGIBILITY. (a) A scholarship
2-57 program, matching fund program, or loan repayment program
2-58 established under this subchapter shall be established and
2-59 administered in a manner that the board determines best promotes
2-60 the health care and educational needs of this state.
2-61 (b) The board may establish multiple categories of persons
2-62 to receive scholarships, matching funds, and loan repayments. The
2-63 board may include faculty from professional nursing programs with
2-64 master's degrees or doctorates among the categories of persons
2-65 authorized to receive loan repayments.
2-66 (c) Each year funds are available, the board shall establish
2-67 the categories of persons eligible to receive scholarships,
2-68 matching funds, and loan repayments and the criteria for selecting
2-69 persons to be assisted under each category. The criteria may
3-1 include [In determining what best promotes the health care and
3-2 educational needs of this state, the board shall consider at a
3-3 minimum the following factors relating to each person being
3-4 assisted]:
3-5 (1) [ethnic or racial minority status;]
3-6 [(2)] scholastic ability and performance;
3-7 (2) [(3) geographical area of nursing practice;]
3-8 [(4)] financial need;
3-9 (3) the geographical area in which the person is
3-10 likely to practice;
3-11 (4) [(5)] whether the person receives Aid to Families
3-12 with Dependent Children or participates in another public welfare
3-13 program;
3-14 (5) [(6)] employment by a state agency;
3-15 (6) [(7)] employment on a nursing school faculty or a
3-16 person's intention to seek employment on a nursing school faculty;
3-17 [and]
3-18 (7) [(8)] whether the person [at the time of
3-19 application to participate in the scholarship program, matching
3-20 fund program, or loan repayment program under this subchapter] is
3-21 [a] practicing [nurse] in a geographical area, a practice setting,
3-22 or an area of practice with an acute nursing shortage or is likely
3-23 to practice in such an area;
3-24 (8) the type of certificate or academic degree held or
3-25 pursued; or
3-26 (9) any additional factors the board considers
3-27 relevant to promoting the health care and educational needs of the
3-28 state.
3-29 SECTION 8. Subsections (c), (d), and (e), Section 61.656,
3-30 Education Code, are amended to read as follows:
3-31 (c) The board shall adopt rules relating to the
3-32 establishment and administration of the matching fund program under
3-33 Section 61.653 [of this code], including rules providing:
3-34 (1) eligibility criteria for sponsors [sponsoring
3-35 employers] and for students;
3-36 (2) the minimum and maximum sponsor [employer]
3-37 contributions that will be matched;
3-38 (3) conflict resolution procedures for resolving
3-39 disputes between the sponsor [sponsoring employer] and the student;
3-40 and
3-41 (4) a standard agreement for use by the sponsor and
3-42 the student [the form and manner in which the sponsoring employer
3-43 must make its contribution, including whether the contribution will
3-44 be made in a lump-sum payment at the beginning of a semester or
3-45 whether the contribution will be made in several payments over a
3-46 period of time;]
3-47 [(5) conditions under which a student may be required
3-48 to repay funds received under the matching fund program because of
3-49 inability to fulfill obligations under the program;]
3-50 [(6) conditions under which a sponsoring employer
3-51 would be returned any unexpended portion of the employer's
3-52 contribution;]
3-53 [(7) conditions under which the coordinating board
3-54 could cancel an agreement entered into under Subsection (d) of this
3-55 section between the student and the sponsoring employer; and]
3-56 [(8) a procedure for the disbursement of funds that
3-57 provides for participation by a variety of employers consistent
3-58 with the purposes established under this subchapter].
3-59 (d) [A student and the student's sponsoring employer shall
3-60 enter into a standard agreement as provided by board rules adopted
3-61 under this subsection. The board shall adopt rules providing for a
3-62 standard agreement for use in connection with the matching fund
3-63 program under Section 61.653 of this code, which agreement must
3-64 include provisions:]
3-65 [(1) requiring the sponsoring employer to employ the
3-66 student while in school and to provide a work schedule that
3-67 accommodates the student's class schedule;]
3-68 [(2) requiring the student to remain in the employ of
3-69 the sponsoring employer for at least one year after graduation;]
4-1 [(3) requiring the student to repay funds received if
4-2 the student fails to fulfill his or her responsibilities under the
4-3 matching fund program, except for specified reasons;]
4-4 [(4) providing for forfeiture of any funds contributed
4-5 by the sponsoring employer if the employer fails to fulfill its
4-6 obligations under the matching fund program, except for specified
4-7 reasons;]
4-8 [(5) requiring the student and sponsoring employer to
4-9 submit any dispute relating to responsibilities under the matching
4-10 fund program to be resolved under the dispute resolution procedures
4-11 established by the board; and]
4-12 [(6) granting authority to the board to cancel an
4-13 agreement entered into by a student and the student's sponsoring
4-14 employer if certain specified conditions are not met.]
4-15 [(e)] The board shall distribute [adopt rules providing for
4-16 the distribution of] information about the scholarship program,
4-17 matching fund program, and loan repayment program established under
4-18 this subchapter to:
4-19 (1) employers of registered nurses or licensed
4-20 vocational nurses;
4-21 (2) associations of employers;
4-22 (3) schools and educational programs for registered
4-23 nurses or licensed vocational nurses; and
4-24 (4) professional associations of registered nurses or
4-25 licensed vocational nurses.
4-26 SECTION 9. Section 61.658, Education Code, is amended by
4-27 adding Subsection (b) to read as follows:
4-28 (b) The board may structure the scholarship program, the
4-29 matching fund program, and the loan repayment program established
4-30 under this subchapter to secure funds available under federal
4-31 matching programs.
4-32 SECTION 10. Subchapter L, Chapter 61, Education Code, is
4-33 amended by adding Section 61.659 to read as follows:
4-34 Sec. 61.659. ADMINISTRATIVE COSTS. A reasonable amount, not
4-35 to exceed 10 percent, of the funds appropriated by the legislature
4-36 to fund the programs established under this subchapter, may be used
4-37 by the board to pay administrative costs of operating the programs.
4-38 SECTION 11. Subtitle E, Title 3, Occupations Code, is
4-39 amended by adding Chapter 304 to read as follows:
4-40 CHAPTER 304. NURSING WORKFORCE DATA CENTER
4-41 Sec. 304.001. DEFINITIONS. In this chapter:
4-42 (1) "Board" means the Board of Nurse Examiners.
4-43 (2) "Center" means the nursing workforce data center
4-44 established under this chapter.
4-45 (3) "Nurse" means a registered nurse or a licensed
4-46 vocational nurse.
4-47 (4) "Nursing" means professional or vocational
4-48 nursing.
4-49 (5) "Nursing personnel" means nurses, nurse aides, and
4-50 other licensed and unlicensed personnel providing nursing services.
4-51 Sec. 304.002. ESTABLISHMENT. (a) The board shall establish
4-52 a nursing workforce data center to address issues of supply and
4-53 demand for nursing.
4-54 (b) The board may contract with public or private entities
4-55 to establish and perform the responsibilities of the center.
4-56 Sec. 304.003. EXECUTIVE COMMITTEE. (a) The board shall
4-57 appoint an executive committee to be the policymaking body for the
4-58 center. A majority of the members of the executive committee must
4-59 be representatives designated by associations that represent
4-60 nurses, associations that represent employers of nurses, and
4-61 associations that represent educators of nurses. At least
4-62 one-third of the members must be representatives of the general
4-63 public. Other members may include nurse researchers, nurses,
4-64 consumers, and other appropriate individuals. Members shall serve
4-65 two-year staggered terms, with the terms of one-half of the members
4-66 expiring February 1 of each year.
4-67 (b) The executive committee shall:
4-68 (1) elect a chair and other officers from its
4-69 membership;
5-1 (2) set priorities for the center;
5-2 (3) develop and oversee long-term and short-term
5-3 strategic plans for the center;
5-4 (4) provide for review of reports prepared by the
5-5 center prior to publication; and
5-6 (5) appoint advisory committees as needed.
5-7 (c) A member of the executive committee is entitled to
5-8 receive a per diem as set by the General Appropriations Act for
5-9 each day a member engages in the business of the center. A member
5-10 is not entitled to reimbursement for travel expenses, including
5-11 expenses for meals and lodging, other than transportation expenses.
5-12 A member is entitled to reimbursement for transportation expenses
5-13 as provided by the General Appropriations Act.
5-14 Sec. 304.004. EXECUTIVE DIRECTOR. The operations of the
5-15 center shall be administered by an executive director, who shall be
5-16 a registered nurse. The executive director shall make periodic
5-17 reports to the executive committee concerning the operation of the
5-18 center.
5-19 Sec. 304.005. DATA COLLECTION AND ANALYSIS. The center
5-20 shall:
5-21 (1) collect data on nurses and other nursing
5-22 personnel, including demographics, areas of practice, supply,
5-23 demand, and migration. To the extent possible, the center shall
5-24 collect data:
5-25 (A) from existing sources that the center
5-26 determines are credible, including information submitted in
5-27 aggregate by entities that collect similar data, but may take steps
5-28 to collect additional data, including conducting surveys; and
5-29 (B) on a county or other appropriate regional
5-30 basis;
5-31 (2) analyze data on nursing personnel to identify
5-32 trends relating to numbers and geographical distribution, practice
5-33 setting, and area of practice and, to the extent possible, compare
5-34 those trends with corresponding national trends; and
5-35 (3) predict supply and demand for nursing personnel in
5-36 Texas, including the development of a supply and demand model
5-37 appropriate for Texas.
5-38 Sec. 304.006. CONFIDENTIALITY. Reports, records, and
5-39 information obtained under this chapter are confidential and are
5-40 not subject to disclosure under Chapter 552, Government Code, or to
5-41 subpoena.
5-42 Sec. 304.007. COORDINATION OF ACTIVITIES. The center shall
5-43 coordinate its activities with the Texas Higher Education
5-44 Coordinating Board, the statewide health coordinating council, the
5-45 Texas Workforce Commission, and other public entities to minimize
5-46 duplication of collection of data and to promote the sharing of
5-47 data.
5-48 Sec. 304.008. REPORTS. (a) The center shall use the data
5-49 collected and analyzed under this chapter to publish reports
5-50 regarding:
5-51 (1) the educational and employment trends for nursing
5-52 personnel;
5-53 (2) the supply of and demand for nursing personnel;
5-54 and
5-55 (3) other issues, as necessary, concerning nursing in
5-56 the state.
5-57 (b) Reports, records, and information must be released in
5-58 the aggregate and may not contain employer-specific data.
5-59 Sec. 304.009. RECRUITMENT. The center may develop programs
5-60 relating to the recruitment of persons into nursing, including the
5-61 collection of data relating to career satisfaction for nurses.
5-62 Sec. 304.010. CLEARINGHOUSE. The center may establish a
5-63 clearinghouse for nursing education programs and health care
5-64 providers to identify sites available to nursing education programs
5-65 for providing clinical experiences for students.
5-66 Sec. 304.011. RULES. The board may adopt rules to implement
5-67 this chapter.
5-68 Sec. 304.012. FEES. The center may establish and charge
5-69 reasonable fees for nursing workforce data, reports produced, and
6-1 statistical and other services.
6-2 Sec. 304.013. FUNDING. In addition to funds appropriated by
6-3 the legislature, the center may solicit, receive, and spend grants,
6-4 gifts, and donations from public or private sources for the
6-5 purposes of this chapter.
6-6 Sec. 304.014. ADMINISTRATIVE COSTS. A reasonable amount of
6-7 the funds appropriated by the legislature to fund the center
6-8 established under this chapter, not to exceed five percent of the
6-9 amount of such funds, may be used by the board to pay
6-10 administrative costs of implementing this chapter.
6-11 SECTION 12. In appointing the initial members of the
6-12 executive committee of the nursing workforce data center, the Board
6-13 of Nurse Examiners shall appoint one-half of the members to terms
6-14 expiring February 1, 2003, and one-half of the members to terms
6-15 expiring February 1, 2005.
6-16 SECTION 13. (a) This Act takes effect September 1, 2001.
6-17 (b) The Texas Higher Education Coordinating Board is
6-18 required to implement Subchapter U, Chapter 61, Education Code, as
6-19 added by this Act, only if the legislature appropriates money for
6-20 the professional nursing shortage reduction program established
6-21 under that subchapter.
6-22 (c) The Board of Nurse Examiners is required to implement
6-23 Chapter 304, Occupations Code, as added by this Act, only if the
6-24 legislature appropriates money for the nursing workforce data
6-25 center established under that chapter.
6-26 * * * * *