89R21755 MCF-D

By: Orr, Frank, Pierson, Bucy H.B. No. 3801

Substitute the following for H.B. No. 3801:

By: VanDeaver C.S.H.B. No. 3801

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of the Health Professions Workforce Coordinating Council and the abolition of the statewide health coordinating council and the nursing advisory committee of that council.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 2, Health and Safety Code, is amended by adding Chapter 104A to read as follows:

CHAPTER 104A. HEALTH PROFESSIONS WORKFORCE COORDINATING COUNCIL

Sec. 104A.001. DEFINITION. In this chapter, "council" means the Health Professions Workforce Coordinating Council.

Sec. 104A.002. ESTABLISHMENT; ADMINISTRATIVE ATTACHMENT. (a) The Health Professions Workforce Coordinating Council is established to study and develop a strategic approach for ensuring a thriving health care system and health professions workforce in this state.

(b) The council is administratively attached to the department. The department shall provide administrative support to the council.

Sec. 104A.003. MEMBERSHIP. (a) The council is composed of:

(1) at least one representative appointed by the executive director or governing body of each of the following:

(A) the department;

(B) the commission;

(C) the Texas Education Agency;

(D) the Texas Higher Education Coordinating Board;

(E) the Texas Workforce Commission;

(F) the Texas Board of Chiropractic Examiners;

(G) the State Board of Dental Examiners;

(H) the Texas Medical Board;

(I) the Texas Board of Nursing;

(J) the Texas Optometry Board;

(K) the Texas State Board of Pharmacy;

(L) the Executive Council of Physical Therapy and Occupational Therapy Examiners;

(M) the Texas Behavioral Health Executive Council;

(N) the State Board of Veterinary Medical Examiners; and

(O) the Texas Veterinary Medical Association; and

(2) four members with relevant health care experience, including experience in health professions workforce planning or complex health care data analysis, appointed by the governor.

(b) A council member serves at the pleasure of the appointing authority.

(c) A vacancy on the council shall be filled in the same manner as the original appointment.

Sec. 104A.004. DUTIES. The council shall:

(1) compile from each state agency with a representative appointed to the council under Section 104A.003(a)(1) information regarding the health professions workforce, including:

(A) high school graduation rates from the Texas Education Agency;

(B) higher education graduation and certification rates from the Texas Higher Education Coordinating Board;

(C) health professions workforce shortages;

(D) the number of licensed health care professionals regulated by each participating licensing state agency;

(E) federal labor statistics regarding health professions; and

(F) any other information relevant to the supply and demand of health care professionals;

(2) prepare the strategic plan described by Section 104A.005; and

(3) establish the work group described by Section 104A.006.

Sec. 104A.005. STRATEGIC PLAN. (a) The council shall examine the health professions in this state based on the information compiled under Section 104A.004(1) and biennially prepare a health professions strategic plan. The plan must:

(1) include a data analysis model demonstrating the supply, demand, production, and projected need for the next 10 years of the health professions workforce;

(2) define targeted goals and objectives for the health professions workforce, including short-term and long-term strategies for each state agency participating in the council and local workforce planning agencies to build a thriving health care system;

(3) identify immediate shortages in health professions;

(4) define goals for this state to support the health care needs of a growing population;

(5) examine this state's capacity to satisfy future health profession demands based on the existing education programs offered and current trends of interstate migration, attrition, and other relevant workforce factors;

(6) propose recommendations to realign existing workforce and education programs;

(7) propose the development of additional education programs for health professions that align with the long-term goals and projections identified in the plan;

(8) identify systemic causes of workforce shortages for health professions; and

(9) inventory programs and services, including state funding amounts provided for workforce planning and preparation and for health professional education.

(b) Not later than October 1 of each even-numbered year, the council shall complete and publish on the council's Internet website the strategic plan described by Subsection (a).

Sec. 104A.006. WORK GROUP. (a) The council shall establish a work group to examine the health professions and health care education programs that provide a gateway into a variety of health professions. The work group consists of members of the council or their designees.

(b) The work group shall:

(1) identify sources for gathering information on gateway health professions; and

(2) build a data analysis model to monitor the historical growth of gateway health professions.

Sec. 104A.007. NURSING ADVISORY COMMITTEE. (a) The council shall establish a nursing advisory committee to assist the council with its duties. A majority of the members of the advisory committee must be nurses, and the advisory committee:

(1) must include:

(A) members of associations representing nurses, educators of nurses, and employers of nurses;

(B) members representing the Texas Board of Nursing; and

(C) at least one member who is a nurse researcher; and

(2) may include other members who are public or private sector health care experts, nurses, nurse educators, employers of nurses, or consumers of nursing services.

(b) The nursing advisory committee shall:

(1) review policies governing data collection and reports published 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 established under Section 105.002(b); and

(3) review reports and information before dissemination by the council.

(c) A nurse member of the nursing advisory committee and a nurse member of the council shall co-chair the committee.

(d) Chapter 2110, Government Code, does not apply to the nursing advisory committee formed under this section.

(e) Meetings of the nursing advisory committee under this section are subject to Chapter 551, Government Code.

Sec. 104A.008. DEPARTMENT AUTHORITY TO COLLECT DATA. Nothing in this chapter may be construed to limit the collection of health care facility data by the department or a program the department administers in accordance with other law.

SECTION 2. Section 56.3075(a), Education Code, is amended to read as follows:

(a) If the money available for TEXAS grants in a period for which grants are awarded is sufficient to provide grants to all eligible applicants in amounts specified by Section 56.307, the coordinating board may use any excess money available for TEXAS grants to 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 Department of State Health Services [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.

SECTION 3. Section 56.4075(a), Education Code, is amended to read as follows:

(a) The coordinating board may award a grant in an amount not more than three times the amount that may be awarded under Section 56.407 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 Department of State Health Services [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 56.407.

SECTION 4. Section 61.9641, Education Code, is amended to read as follows:

Sec. 61.9641. DEFINITIONS. In this subchapter:

(1) "Clinical site" means an acute care or rehabilitation facility, a primary care setting, a long-term care facility, a nursing home, a residential care setting, or any other site identified by the board as providing clinical learning experiences for nursing students.

(2) "Nursing advisory committee" means the nursing advisory committee established under Section 104A.007 [104.0155], Health and Safety Code.

SECTION 5. Sections 32.046(c) and (d), Health and Safety Code, are amended to read as follows:

(c) The commission shall coordinate with the department, [the statewide health coordinating council,] the office of mental health coordination, and the statewide behavioral health coordinating council in developing the strategic plan.

(d) The commission, in consultation with the department, [the statewide health coordinating council,] the office of mental health coordination, and the statewide behavioral health coordinating council, shall annually review and update, as necessary, the strategic plan.

SECTION 6. Sections 32.047(d) and (e), Health and Safety Code, are amended to read as follows:

(d) The commission shall coordinate with the department [and the statewide health coordinating council] in the development of the strategic plan.

(e) The commission, in consultation with the department [and the statewide health coordinating council], shall annually review the strategic plan and update the plan as necessary.

SECTION 7. Section 105.001(2), Health and Safety Code, is amended to read as follows:

(2) "Council" means the Health Professions Workforce Coordinating Council [statewide health coordinating council].

SECTION 8. Section 105.002(b), Health and Safety Code, is amended to read as follows:

(b) In conjunction with the nursing advisory committee formed under Section 104A.007 [104.0155], to avoid duplication of effort, and to the extent funding is available through fees collected under Section 301.155(c), 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.

SECTION 9. Section 222.022(2), Health and Safety Code, is amended to read as follows:

(2) "Health care facility" means a public or private hospital, skilled nursing facility, intermediate care facility, ambulatory surgical center, family planning clinic that performs ambulatory surgical procedures, rural or urban health initiative clinic, end stage renal disease facility, and inpatient rehabilitation facility. The term does not include the office of physicians or practitioners of the healing arts practicing individually or in groups or [has the meaning assigned by Section 104.002, except that the term does not include] a chemical dependency treatment facility licensed by the Department of State Health Services under Chapter 464.

SECTION 10. The following provisions of the Health and Safety Code are repealed:

(1) Chapter 104;

(2) Section 105.011(c); and

(3) Section 311.033(d).

SECTION 11. (a) On the effective date of this Act:

(1) the statewide health coordinating council established under Subchapter B, Chapter 104, Health and Safety Code, is abolished, and the council member terms expire; and

(2) the nursing advisory committee established under Section 104.0155, Health and Safety Code, is abolished, and the committee member terms expire.

(b) On the effective date of this Act, any appropriation to, and any unexpended, unobligated funds of the statewide health coordinating council or the nursing advisory committee, is an appropriation to the Department of State Health Services for purposes of establishing and providing administrative support to the Health Professions Workforce Coordinating Council. The department and council assume all obligations, property, rights, and duties of the statewide health coordinating council and the nursing advisory committee.

SECTION 12. (a) Not later than October 1, 2025, the appropriate entities shall designate members of the Health Professions Workforce Coordinating Council established under Chapter 104A, Health and Safety Code, as added by this Act.

(b) Not later than December 1, 2026, the Health Professions Workforce Coordinating Council established under Chapter 104A, Health and Safety Code, as added by this Act, shall appoint the members of the nursing advisory committee established under Section 104A.007, Health and Safety Code, as added by this Act. An individual who is a member of the statewide health coordinating council nursing advisory committee established under Section 104.0155, Health and Safety Code, as repealed by this Act, may be appointed as a member of the nursing advisory committee established under Section 104A.007, Health and Safety Code, as added by this Act.

(c) Not later than October 1, 2026, the Health Professions Workforce Coordinating Council established under Chapter 104A, Health and Safety Code, as added by this Act, shall publish its initial strategic plan as required by Section 104A.005, Health and Safety Code, as added by this Act.

SECTION 13. This Act takes effect September 1, 2025.