H. B. 4143
(By Delegates Hatfield, Brown,
Foster and Perdue)
[Introduced January 27, 2004; referred to the
Committee on Government Organization then Finance.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-7-8a; to further
amend said code by adding thereto a new section, designated
§30-7A-7a; and to further amend said code by adding thereto a
new article, designated §30-7B-1, §30-7B-2, §30-7B-3,
§30-7B-4, §30-7B-5 and §30-7B-6, all relating to recruiting
and retaining nurses; authorizing supplemental nursing
licensure and renewal fee; creating a center for nursing;
establishing purpose; providing for board of directors;
setting forth powers and duties; permitting expense
reimbursement; establishing special revenue account;
authorizing rules and limiting continuation.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-7-8a; that said code be further amended by adding thereto a new section, designated
§30-7A-7a; and that said code be further amended by adding thereto
a new article, designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4,
§30-7B-5 and §30-7B-6, all to read as follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-8a. Supplemental fees to fund center for nursing; emergency
rules.
(a) As of the effective date of the emergency legislative rule
to be promulgated pursuant to this section, all persons licensed
pursuant to the provisions of this article shall be assessed a
supplemental licensure and renewal fee, not to exceed ten dollars
per license or renewal per year, to be used to fund the center for
nursing and to carry out its purposes as set forth in article
seven-b of this chapter.
(b) The board shall promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code, to establish the supplemental licensure and renewal
fee provided in this section.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-7a. Supplemental fees to fund center for nursing; emergency
rules.
(a) As of the effective date of the emergency legislative rule
to be promulgated pursuant to this section, all persons licensed pursuant to the provisions of this article shall be assessed a
supplemental licensure and renewal fee, not to exceed ten dollars
per license or renewal per year, to be used to fund the center for
nursing and to carry out its purposes as set forth in article
seven-b of this chapter.
(b) The board shall promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code, to establish the supplemental licensure and renewal
fee provided in this section.
ARTICLE 7B. CENTER FOR NURSING.
§30-7B-1. West Virginia center for nursing; purpose and function.
(a) Effective the first day of July, two thousand four, the
nursing shortage study commission, established pursuant to the
provisions of section eighteen, article seven, chapter thirty of
this code, is terminated and the powers and duties of the
commission are transferred to the West Virginia center for nursing.
(b) Effective the first day of July, two thousand four, the
West Virginia center for nursing is established. The purpose of the
center is to address the issues of recruitment and retention of
nurses in West Virginia. The higher education policy commission
shall provide suitable office space for the board. The commission
shall share statistics and other pertinent information with the
center and shall work cooperatively to assist the center to achieve its objectives.
(c) The West Virginia center for nursing shall:
(1) Establish a statewide strategic plan to address the
nursing shortage in West Virginia;
(2) Establish and maintain a database of statistical
information regarding nursing supply, demand and turnover rates in
West Virginia and projections based on current trends;
(3) Enhance and promote recruitment and retention of nurses by
creating reward, recognition and renewal programs;
(4) Promote media and positive image-building efforts for
nursing, including establishing a statewide media campaign to
recruit students of all ages and backgrounds to the various nursing
programs throughout West Virginia;
(5) Promote nursing careers through educational and
scholarship programs, programs directed at nontraditional students
and other workforce initiatives;
(6) Explore and establish loan repayment and forgiveness
programs and scholarship programs designed to benefit nurses who,
following graduation, work in hospitals and other health-care
institutions in West Virginia;
(7) Establish grants and recommend other programs to provide
financial incentives for employers to encourage and assist with
nursing education, internships and residency programs;
(8) Develop incentive and training programs for long-term care facilities and other health care institutions to use
self-assessment tools documented to correlate with nurse retention,
such as the magnet hospital program;
(9) Explore and evaluate the use of year-round day, evening
and weekend clinical nursing training and education programs;
(10) Establish a statewide hotline and website for information
about the center and its mission, nursing careers and educational
opportunities in West Virginia;
(11) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies;
(12) Oversee development and implementation of education and
matriculation programs for health care providers covering certified
nursing assistants, licensed practical nurses, registered
professional nurses, advanced nurse practitioners and other
advanced degrees;
(13) Seek to improve the compensation of all nurses, including
nursing educators; and
(14) Perform such other activities as needed to alleviate the
nursing shortage in West Virginia.
§30-7B-2. Board of directors.
(a) The West Virginia center for nursing shall be governed by
a board of directors consisting of the following thirteen members:
(1) One lay member who will represent the interests of health care consumers;
(2) Two representatives appointed by the West Virginia board
of examiners for registered professional nurses, one of whom
represents a bachelor and higher degree program and one of whom
represents an associate degree program;
(3) One representative appointed by the West Virginia board of
examiners for licensed practical nurses;
(4) One representative from the West Virginia nurses
association;
(5) One nurse representing a rural health care facility;
(6) Two representatives of employers of nurses, as follows:
(A) One director of nursing; and
(B) One health care administrator;
(7) Two registered professional staff nurses and one licensed
practical nurse who are engaged in direct patient care as part of
their job duties; and
(8) Two ex officio nonvoting members, as follows:
(A) The secretary of the department of health and human
resources or his or her designee from within the agency
; and
(B) A representative from the workforce development office.
(b) "Direct patient care", as used in this section, means
health care that provides for the physical, emotional, diagnostic
or rehabilitative needs of a patient, or health care that involves
examination, treatment or preparation for diagnostic tests or procedures.
(c) The governor shall appoint members of the board, with the
advice and consent of the Senate. The governor shall appoint the
original members of the board within thirty days from the effective
date of this section.
(1) The following members must be appointed for an initial
term of two years:
(A) One representative appointed by the West Virginia board of
examiners for licensed practical nurses;
(B) One nurse representing a rural health care facility;
(C) One director of nursing;
(D) One representative appointed by the board of examiners for
registered professional nurses representing an associate-degree
program; and
(E) One registered professional staff nurse who is engaged in
direct patient care as part of his or her job duties;
(2) The following members must be appointed for initial terms
of four years:
(A) One lay member who will represent the interests of health
care consumers
;
(B) One representative appointed by the West Virginia board of
examiners for registered professional nurses representing a
bachelor-degree program;
(C) One representative from the West Virginia nurses association; and
(D) One registered professional staff nurse and one licensed
practical nurse who are engaged in direct patient care as part of
their job duties.
(d) Except for initial terms, all appointments to the board
must be for four years. Any member of the board is eligible for
reappointment, except that no member may serve more than two
consecutive terms.
(e) The board shall designate a chairperson. Six voting
members constitute a quorum.
§30-7B-3. Board's powers and duties.
(a) The board of directors shall:
(1) Employ an executive director, and other personnel as are
necessary to carry out the purposes of this article;
(2) Determine operational policy;
(3) Seek and accept public and private funding;
(4) Expend money from the center for nursing fund to carry out
the purposes of this article;
(5) Propose rules for legislative approval in accordance with
the provisions of article three, chapter twenty-nine-a of this code
to implement the provisions of this article, including conditions
for any loan or scholarship program established; and
(6) Impanel an advisory committee of stakeholders to provide
consultation to the board of directors.
(7) Do such other acts as are necessary and prudent to
alleviate the nursing shortage in West Virginia.
(b) On or before the first day of June, 2004, the board shall
present to the joint committee on government and finance, a report
on its progress.
Beginning on or before the first day of December, two thousand
four,
the board shall present annually to the joint committee on
government operations a report on its progress in developing a
statewide strategic plan to address the nursing shortage in West
Virginia, along with drafts of proposed legislation needed to
implement the board's plan.
§30-7B-4. Reimbursement for expenses.
The board members shall serve without compensation, but may be
reimbursed for actual and necessary expenses incurred for each day
or portion thereof engaged in the discharge of official duties in
a manner consistent with guidelines of the travel management office
of the department of administration.
§30-7B-5. Special revenue account.
(a) A special revenue account known as the "center for nursing
fund" is hereby established in the state treasury to be
administered by the board to carry out the purposes of this
article.
(b) The account shall be funded by assessing all nurses licensed by the board of examiners for registered professional
nurses and the board of examiners for licensed practical nurses,
a
supplemental licensure renewal fee, not to exceed ten dollars per
year, to be established by emergency legislative rule. The board
shall also seek other public and private funds for the account.
(c) Beginning with the commencement of the first fiscal year
following the effective date of the rules establishing the
supplemental licensure renewal fees referred to in this section,
and continuing through two fiscal years, a minimum of an equivalent
of one third of the funding from the ten dollar increase in annual
licensure renewal fees shall be used for loan and scholarship
programs.
§30-7B-6. Continuation.
The West Virginia center for nursing shall continue to exist
until the first day of July, two thousand eight, pursuant to the
provisions of article ten, chapter four of this code, unless
terminated, continued or reestablished pursuant to the provisions
of that article.
NOTE: The purpose of this bill is to create a West Virginia
Center for Nursing to establish a statewide strategic plan to
address the nursing shortage in the state and to facilitate
recruitment and retention of nurses. The bill would authorize a
supplemental licensure renewal fee of $10 per year, to be paid by
each licensed registered nurse and each licensed practical nurse,
to fund the Center and provide loan repayment and scholarship
programs.
These sections are new; therefore, strike-throughs and
underscoring have been omitted.
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