Amend CSHB 3126 as follows:
(1) Strike page 1, line 5, through page 2, line 4.
(2) Strike page 6, line 6, through page 11, line 24.
(3) Insert the following appropriately numbered SECTIONS to
the bill:
SECTION __. Section 104.011(a), Health and Safety Code, is
amended to read as follows:
(a) The statewide health coordinating council is composed
of 18 [17] members determined as follows:
(1) the commissioner of health and human services or a
representative designated by the commissioner;
(2) the presiding officer of the Texas Higher
Education Coordinating Board or a representative designated by the
presiding officer;
(3) the presiding officer of the department or a
representative designated by the presiding officer;
(4) the presiding officer of the Texas Health Care
Information Council or a representative designated by the presiding
officer;
(5) the presiding officer of the Texas Department of
Mental Health and Mental Retardation or a representative designated
by the presiding officer; and
(6) the following members appointed by the governor:
(A) three health care professionals from the
allied health, dental, medical, mental health, [nursing,] and
pharmacy professions, no two of whom may be from the same
profession;
(B) one registered nurse;
(C) two representatives of a university or
health-related institution of higher education;
(D) [(C)] one representative of a junior or
community college that has a nursing program;
(E) [(D)] one hospital administrator;
(F) [(E)] one managed care administrator; and
(G) [(F)] four public members.
SECTION __. Section 104.0115(a), Health and Safety Code, is
amended to read as follows:
(a) Members of the council serve for staggered six-year
terms, with the terms of four or five members expiring August 31 of
each odd-numbered year.
SECTION __. Subchapter B, Chapter 104, Health and Safety
Code, is amended by adding Section 104.0155 to read as follows:
Sec. 104.0155. NURSING ADVISORY COMMITTEE. (a) The
statewide health coordinating council shall form a nursing advisory
committee the majority of the members of which must be nurses. The
committee:
(1) must include:
(A) members of associations that represent
nurses, educators of nurses, and employers of nurses;
(B) members who represent nurse licensing
boards; and
(C) a nurse researcher; and
(2) may include other members who are health care
experts from the public or private sector, nurses, nurse educators,
employers of nurses, or consumers of nursing services.
(b) The committee shall:
(1) review policy matters on the collection of data
and reports performed under Chapter 105 that relate to the nursing
profession;
(2) subject to approval of the council, develop
priorities and an operations plan for the nursing resource section
under Section 105.002(b); and
(3) review reports and information before
dissemination.
(c) A nurse member of the committee and a nurse member of the
statewide health coordinating council shall co-chair the
committee.
(d) Chapter 2110, Government Code, does not apply to the
committee formed under this section.
(e) Meetings of the committee under this section are subject
to Chapter 551, Government Code.
SECTION __. Section 104.042(e), Health and Safety Code, is
amended to read as follows:
(e) Data received by the department under this section
containing information identifying specific persons or health care
facilities [patients] is confidential, is not subject to
disclosure under Chapter 552, Government Code, and may not be
released unless all identifying information [the information
identifying the patient] is removed.
SECTION __. Section 105.002, Health and Safety Code, is
amended to read as follows:
Sec. 105.002. ESTABLISHMENT OF CENTER. (a) In conjunction
with the Texas Higher Education Coordinating Board and in such a way
as to avoid duplication of effort, the council shall establish a
comprehensive health professions resource center for the
collection and analysis of educational and employment trends for
health professions in this state.
(b) In conjunction with the committee formed under Section
104.0155, to avoid duplication of effort, and to the extent funding
is available through fees collected under Sections 301.155(c) and
302.153(d), Occupations Code, the council shall establish a nursing
resource section within the center for the collection and analysis
of educational and employment trends for nurses in this state.
(c) If the nursing resource section established under
Subsection (b) is funded from surcharges collected under Sections
301.155(c) and 302.153(d), Occupations Code, the council shall
provide the Board of Nurse Examiners and the Board of Vocational
Nurse Examiners, as applicable, with an annual accounting of the
money received from those boards. The council may expend a
reasonable amount of the money to pay administrative costs of
maintaining the nursing resource section.
SECTION __. Section 105.003, Health and Safety Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) To the extent feasible, the council shall use a
researcher with a doctorate in nursing to collect, analyze, and
disseminate nursing data that may be used to predict supply and
demand for nursing personnel in this state using appropriate
federal or state supply and demand models. The nursing data must at
least:
(1) include demographics, areas of practice, supply,
demand, and migration; and
(2) be analyzed to identify trends relating to numbers
and geographical distribution, practice setting, and area of
practice and, to the extent possible, compare those trends with
corresponding national trends.
(e) Data received by the department under this section that
contains information identifying specific persons or health care
facilities is confidential, is not subject to disclosure under
Chapter 552, Government Code, and may not be released unless all
identifying information is removed.
SECTION __. Section 105.004, Health and Safety Code, is
amended to read as follows:
Sec. 105.004. REPORTS. (a) The council may use the data
collected and analyzed under this chapter to publish reports
regarding:
(1) the educational and employment trends for health
professions;
(2) the supply and demand of health professions; and
(3) other issues, as necessary, concerning health
professions in this state.
(b) The council shall publish reports regarding the data
collected and analyzed under this chapter related to:
(1) the educational and employment trends of nursing
professionals;
(2) the supply and demand of nursing professionals;
and
(3) other issues, as determined necessary by the
council, concerning nursing professionals in this state.
SECTION __. Section 301.155, Occupations Code, is amended by
adding Subsection (c) to read as follows:
(c) The board shall assess a $3 surcharge to the fee
established by the board under Subsection (a) for a license holder
to renew a license under this chapter. The board may use nine cents
of the surcharge to cover the administrative costs of collecting
and depositing the surcharge. The board quarterly shall transmit
$2.91 of the surcharge to the Texas Department of Health to be used
only to implement the nursing resource section under Section
105.002, Health and Safety Code. The board is not required to
collect the surcharge if the board determines the funds collected
are not appropriated for the purpose of funding the nursing
resource section.
SECTION __. Section 302.153, Occupations Code, is amended by
adding Subsection (d) to read as follows:
(d) The board shall assess a $2 surcharge to the fee
established by the board under Subsection (a) for a license holder
to renew a license under this chapter. The board may use six cents
of the surcharge to cover the administrative costs of collecting
and depositing the surcharge. The board quarterly shall transmit
$1.94 of the surcharge to the Texas Department of Health to be used
only to implement the nursing resource section under Section
105.002, Health and Safety Code. The board is not required to
collect the surcharge if the board determines the funds collected
are not appropriated for the purpose of funding the nursing
resource section.
(4) On page 12, strike lines 1-7.
(5) Renumber SECTIONS of the bill accordingly.