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78R12248 YDB-D
By: Truitt H.B. No. 3126
Substitute the following for H.B. No. 3126:
By: Taylor C.S.H.B. No. 3126
A BILL TO BE ENTITLED
AN ACT
relating to increasing the number of registered nurses and other
health care professionals in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.923(a), Education Code, is amended to
read as follows:
(a) A grant from the professional nursing shortage
reduction program to a professional nursing program or other entity
involved with a professional nursing program in the preparation of
students for initial licensure as registered nurses must be:
(1) expended exclusively on costs related to:
(A) enrolling additional students; or
(B) [assuring the retention of an adequate number
of qualified faculty, including providing faculty salaries; or
[(C)] encouraging innovation in the recruitment
and retention of students, including the recruitment and retention
of Spanish-speaking and bilingual students;
(2) contingent on the professional nursing program's
having been approved as a professional nursing program by the board
or the Board of Nurse Examiners, as appropriate, by September 1,
2001;
(3) contingent on the professional nursing program's
not being on probation with the Board of Nurse Examiners or other
accrediting body; and
(4) if granted to increase enrollments, contingent on
the professional nursing program's ability to enroll additional
students, including having the necessary classroom space and
clinical slots.
SECTION 2. Subchapter U, Chapter 61, Education Code, as
added by Chapter 1489, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Sections 61.9627 and 61.9628 to
read as follows:
Sec. 61.9627. DISBURSEMENT AND ACCOUNTING OF APPROPRIATED
FUNDS. (a) The board shall adopt procedures for assuring that
money appropriated by the legislature specifically to fund
enrollment growth in a professional nursing program is:
(1) distributed in a timely manner, including the
forfeiture and reallocation of money if an institution fails to
provide in a timely manner the information required for the money to
be disbursed and if that failure prevents the timely disbursement
of money to other institutions; and
(2) expended on the professional nursing program by
institutions receiving the money.
(b) The procedures adopted under Subsection (a) must
require each professional nursing program receiving money to file a
report annually with the board accounting for all money received.
Sec. 61.9628. ADMINISTRATIVE COSTS. A reasonable amount,
not to exceed five percent, of the money appropriated by the
legislature to increase enrollments in professional nursing
programs may be used by the board to pay administrative costs of
implementing this subchapter or administering the money.
SECTION 3. Sections 63.202(f) and (g), Education Code, are
amended to read as follows:
(f) Notwithstanding the limitation provided by Subsection
(b), [in awarding] grants awarded under Subsection (c) for the
state fiscal biennium ending on August 31, 2005, and the fiscal
biennium ending on August 31, 2007, by [2003,] the Texas Higher
Education Coordinating Board shall be awarded[:
[(1) may make awards] to programs [any program]
preparing students for initial licensure as registered nurses or
programs preparing qualified faculty members with a master's or
doctoral degree for the program, including programs at two-year
institutions of higher education, four-year general academic
teaching institutions, health science centers, and independent or
private institutions of higher education. In awarding grants under
this subsection, the coordinating board may:
(1) give priority to[;
[(2) shall give priority in awarding grants to:
[(A)] institutions proposing to address the
shortage of registered nurses by promoting innovation in education,
recruitment, and retention of nursing students and qualified
faculty;
(2) award grants on a competitive basis [and
[(B) institutions seeking to increase
enrollments in their nursing programs through financial incentives
to faculty to provide clinical and classroom instruction in
addition to carrying a full teaching load]; and
(3) [may] consider the availability of matching funds
[in awarding grants].
(g) Subsection (f) and this subsection expire September 1,
2007 [2003].
SECTION 4. Subchapter M, Chapter 56, Education Code, as
added by Chapter 1590, Acts of the 76th Legislature, Regular
Session, 1999, is amended by adding Section 56.3075 to read as
follows:
Sec. 56.3075. HEALTH CARE PROFESSION STUDENT GRANT. (a)
The coordinating board may award a grant in an amount not more than
three times the amount that may be awarded under Section 56.307 to a
student who:
(1) is enrolled in a program that fulfills the
educational requirements for licensure or certification by the
state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the statewide
health coordinating council, has identified as having a critical
shortage in the number of license holders needed in this state;
(2) has completed at least one-half of the work toward
a degree or certificate that fulfills the educational requirement
for licensure or certification; and
(3) meets all the requirements to receive a grant
award under Section 56.307.
(b) In awarding a grant under Subsection (a), the
coordinating board may:
(1) give priority to students from a group
underrepresented in the programs preparing students for licensure
or certification by the state; and
(2) award different amounts based on the amount of
course work a student has completed toward earning the degree
required for licensure or certification.
SECTION 5. Subchapter O, Chapter 56, Education Code, as
added by Chapter 624, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Section 56.3575 to read as
follows:
Sec. 56.3575. HEALTH CARE PROFESSION STUDENT GRANT. (a)
The coordinating board may award a grant in an amount not more than
three times the amount that may be awarded under Section 56.357, as
added by Chapter 624, Acts of the 77th Legislature, Regular
Session, 2001, to a student who:
(1) is enrolled in a program that fulfills the
educational requirements for licensure or certification by the
state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the statewide
health coordinating council, has identified as having a critical
shortage in the number of license holders needed in this state;
(2) has completed at least one-half of the work toward
a degree or certificate that fulfills the educational requirement
for licensure or certification; and
(3) meets all the requirements to receive a grant
award under Section 56.357, as added by Chapter 624, Acts of the
77th Legislature, Regular Session, 2001.
(b) In awarding a grant under Subsection (a), the
coordinating board may:
(1) give priority to students from a group
underrepresented in the programs preparing students for licensure
or certification by the state; and
(2) award different amounts based on the amount of
course work a student has completed toward earning the degree
required for licensure or certification.
SECTION 6. Sections 105.001-105.007, Health and Safety
Code, are designated as Subchapter A, Chapter 105, Health and
Safety Code, and a heading for that subchapter is added to read as
follows:
SUBCHAPTER A. HEALTH PROFESSIONS RESOURCE CENTER
SECTION 7. Chapter 105, Health and Safety Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. NURSING WORKFORCE DATA SECTION
Sec. 105.051. DEFINITIONS. In this subchapter:
(1) "Center" means the Health Professions Resource
Center.
(2) "Data section" means the nursing workforce data
section established under this subchapter.
(3) "Nurse" means a registered nurse or a licensed
vocational nurse.
(4) "Nursing" means professional or vocational
nursing.
(5) "Nursing personnel" means nurses, nurse aides, and
other licensed and unlicensed personnel providing nursing
services.
Sec. 105.052. ESTABLISHMENT OF NURSING WORKFORCE DATA
SECTION. (a) The council shall establish a nursing workforce data
section to address issues of supply and demand for nursing in this
state.
(b) The council may use the center or contract with public
or private entities to establish and perform the responsibilities
of the data section.
Sec. 105.053. ADVISORY COMMITTEE. (a) The council shall
establish an advisory committee to provide oversight for the data
section. The committee is composed of 20 members.
(b) The council shall appoint 13 members as follows:
(1) a representative of the Texas Nurses Association;
(2) a representative of the Texas Nurses Foundation;
(3) a representative of the Licensed Vocational Nurses
Association of Texas;
(4) a director of a bachelor of science in nursing
program representing the Texas Organization of Baccalaureate and
Graduate Nurse Educators;
(5) a director of an associate degree in nursing
program representing the Texas Organization for Advancement of
Associate Degree Nurses;
(6) a director of a vocational nursing program
representing the Texas Association of Vocational Nurse Educators;
(7) a hospital chief nursing officer representing the
Texas Organization of Nurse Executives;
(8) a representative of the Texas Hospital
Association;
(9) a representative of the Texas Medical Association;
(10) a representative of the Texas Health Care
Association or Texas Association of Homes and Services for the
Aged;
(11) a representative of the Texas Association for
Home Care; and
(12) two nurse researchers.
(c) Seven members are selected as provided by this
subsection. The following entities shall each appoint one
representative to serve on the committee:
(1) the Board of Nurse Examiners;
(2) the Board of Vocational Nurse Examiners;
(3) the Texas Department of Mental Health and Mental
Retardation;
(4) the Texas Workforce Commission;
(5) the Office of Rural Community Affairs;
(6) the center; and
(7) the council.
(d) Members shall serve two-year staggered terms, with the
terms of one-half of the members expiring February 1 of each year.
(e) The member representing the council shall serve as
co-chair of the committee. The committee shall elect another
member of the committee as co-chair.
(f) The advisory committee shall:
(1) subject to approval of the council, develop
priorities and a strategic plan for the data section;
(2) advise the council on the credentials preferred
for researchers collecting, analyzing, and reporting on data under
this subchapter; and
(3) provide for a review of reports prepared by the
data section before the publication of the reports.
(g) A member of the advisory committee, who does not
represent a trade or professional association, is entitled to
receive a per diem as set by the General Appropriations Act for each
day a member engages in the business of the data section. A member
is entitled to reimbursement for travel expenses, including
expenses for meals, lodging, and transportation as provided by the
General Appropriations Act.
Sec. 105.054. DATA COLLECTION AND ANALYSIS. (a) The data
section shall:
(1) collect data on nurses and other nursing
personnel, including demographics, areas of practice, supply,
demand, and migration and to the extent possible collect the data:
(A) from existing sources that the data section
determines are credible, including information submitted in
aggregate by entities that collect similar data, but may take steps
to collect additional data, including conducting surveys; and
(B) on a county or other appropriate regional
basis;
(2) analyze data on nursing personnel 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; and
(3) predict supply and demand for nursing personnel in
this state using appropriate federal or state supply and demand
models.
(b) To the extent feasible, the data section shall use a
researcher with a doctorate in nursing for the collection,
analysis, and reporting of data under this subchapter.
Sec. 105.055. CONFIDENTIALITY. The reports, records, and
information obtained by the data section under this subchapter are
confidential and are not subject to disclosure under Chapter 552,
Government Code.
Sec. 105.056. COORDINATION OF ACTIVITIES. The data section
shall coordinate its activities with the Texas Higher Education
Coordinating Board, the Texas Workforce Commission, and other
public entities to minimize duplication of collection of data and
to promote the sharing of data.
Sec. 105.057. REPORTS. (a) The data section shall use the
data collected and analyzed under this subchapter to publish
reports annually regarding:
(1) the educational and employment trends for nursing
personnel;
(2) the supply of and demand for nursing personnel;
and
(3) other issues, as necessary, concerning nursing in
the state.
(b) Reports, records, and information must be released in
the aggregate and may not contain employer-specific data.
Sec. 105.058. FEES. The data section may establish and
charge reasonable fees for nursing workforce data, reports
produced, and statistical and other services.
Sec. 105.059. FUNDING. (a) In addition to money
appropriated by the legislature, the center may solicit, receive,
and spend grants, gifts, and donations from public or private
sources for the purposes of this subchapter.
(b) To provide sufficient money for the data section to
implement this subchapter, the Board of Nurse Examiners shall
increase the license renewal fee by $3 and the Board of Vocational
Nurse Examiners shall increase the license renewal fee by $2.
(c) Of the $3 fee increase, $2.91 may be used only to fund
activities under this subchapter. The remaining $.09 of the fee
increase may be used only by the Board of Nurse Examiners to cover
the administrative costs of collecting and depositing the fee.
(d) Of the $2 fee increase, $1.94 may be used only to fund
activities under this subchapter. The remaining $.06 of the fee
increase may be used only by the Board of Vocational Nurse Examiners
to cover the administrative costs of collecting and depositing the
fee.
(e) The council shall provide an annual accounting to the
Board of Nurse Examiners and Board of Vocational Nurse Examiners of
the fees received under Subsection (b).
Sec. 105.060. ADMINISTRATIVE COSTS. A reasonable amount,
not to exceed seven percent, of the money appropriated by the
legislature to fund the data section established under this
subchapter may be used by the council to pay the administrative
costs of implementing this subchapter.
SECTION 8. Chapter 304, Occupations Code, as added by
Chapter 1489, Acts of the 77th Legislature, Regular Session, 2001,
is repealed.
SECTION 9. Not later than October 1, 2003:
(1) the Board of Nurse Examiners shall increase the
license renewal fee by $3 as required by Section 105.059, Health and
Safety Code, as added by this Act; and
(2) the Board of Vocational Nurse Examiners shall
increase the license renewal fee by $2 as required by Section
105.059, Health and Safety Code, as added by this Act.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.