ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4143
(By Delegates Hatfield, Brown, Foster and Perdue)
[Passed March 11, 2004; in effect from passage.]
AN ACT
to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-7-8a; to amend
said code by adding thereto a new section, designated §30-7A-
7a; and to 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,
§30-7B-6, §30-7B-7,
§30-7B-8,
§30-7B-9 and
§30-7B-10,
all
relating to creating the West Virginia center for nursing;
legislative findings;
center assuming the duties of the
nursing shortage study commission;
authorizing supplemental
nursing licensure fees; emergency rules; establishing a board
of directors for the center; setting forth powers and duties;
permitting expense reimbursement; establishing special revenue
account; reporting requirement; and 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 amended by adding thereto a new section, designated §30-7A-
7a; and that said code be amended by adding thereto a new article,
designated §30-7B-1, §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-
7B-6, §30-7B-7, §30-7B-8, §30-7B-9 and §30-7B-10, all to read as
follows:
ARTICLE 7. REGISTERED PROFESSIONAL NURSES.
§30-7-8a. Supplemental fees to fund center for nursing; emergency
rules.
(a) The board is authorized to assess a supplemental licensure
fee not to exceed ten dollars per license per year. The
supplemental licensure fee is 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 propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to establish the supplemental licensure fee.
(c) The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the initial fee assessment.
ARTICLE 7A. PRACTICAL NURSES.
§30-7A-7a. Supplemental fees to fund center for nursing; emergency
rules.
(a) The board is authorized to assess a supplemental licensure
fee not to exceed ten dollars per license per year. The
supplemental licensure fee is 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 propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code to establish the supplemental licensure fee.
(c) The board may promulgate emergency rules pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code for the initial fee assessment.
ARTICLE 7B. CENTER FOR NURSING.
§30-7B-1. Legislative findings.
The Legislature finds that through the study of the nursing
shortage study commission, it is essential that there be qualified
registered professional nurses and other licensed nurses to meet
the needs of patients. Without qualified nurses, quality patient
care is jeopardized. The nursing population is aging and fewer
students are entering nursing programs.
Therefore, the Legislature declares to ensure quality health
care, recruitment and retention of nurses is important and a center
is needed to address the nursing shortage crisis in West Virginia.
§30-7B-2. Definitions.
(a) "Board" means the board of directors for the West Virginia center for nursing.
(b) "Center" means the West Virginia center for nursing.
(c) "Direct patient care", as used in this article, 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.
§30-7B-3. West Virginia center for nursing.
(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 hereby 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 hereby created to address the
issues of recruitment and retention of nurses in West Virginia.
(c) The higher education policy commission shall provide
suitable office space for the center. The commission shall share
statistics and other pertinent information with the center and
shall work cooperatively to assist the center to achieve its
objectives.
§30-7B-4. Center's powers and duties.
The West Virginia center for nursing shall have the following
powers and duties:
(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 future projections;
(3) Coordinate communication between the organizations that
represent nurses, health care providers, businesses, consumers,
legislators and educators;
(4) Enhance and promote recruitment and retention of nurses by
creating reward, recognition and renewal programs;
(5) 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;
(6) Promote nursing careers through educational and
scholarship programs, programs directed at nontraditional students
and other workforce initiatives;
(7) Explore solutions to improve working environments for
nurses to foster recruitment and retention;
(8) Explore and establish loan repayment and scholarship
programs designed to benefit nurses who remain in West Virginia
after graduation and work in hospitals and other health care
institutions;
(9) Establish grants and other programs to provide financial incentives for employers to encourage and assist with nursing
education, internships and residency programs;
(10) 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;
(11) Explore and evaluate the use of year-round day, evening
and weekend nursing training and education programs;
(12) Establish a statewide hotline and website for information
about the center and its mission and nursing careers and
educational opportunities in West Virginia;
(13) Evaluate capacity for expansion of nursing programs,
including the availability of faculty, clinical laboratories,
computers and software, library holdings and supplies;
(14) 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;
(15) Seek to improve the compensation of all nurses, including
nursing educators; and
(16) Perform such other activities as needed to alleviate the
nursing shortage in West Virginia.
§30-7B-5. 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 citizen member;
(2) Two representatives from the West Virginia board of
examiners for registered professional nurses, as follows:
(A) One representing a bachelor and higher degree program; and
(B) One representing an associate degree program;
(3) One representative from 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 engaged in direct
patient care;
(8) One licensed practical nurse engaged in direct patient
care; and
(9) Two ex officio members, as follows:
(A) The secretary of the department of health and human
resources or a designee; and
(B) A representative from the workforce development office.
(b) Before the first day of July, two thousand four, the governor, by and with the consent of the Senate, shall appoint the
eleven citizen members as follows:
(1) The following members for an initial term of two years:
(A) One representative from the West Virginia board of
examiners for registered professional nurses representing an
associate degree program;
(B) One representative from the West Virginia board of
examiners for licensed practical nurses;
(C) One nurse representing a rural health care facility;
(D) One director of nursing; and
(E) One registered professional staff nurse engaged in direct
patient care;
(2) The following members for an initial term of four years:
(A) One citizen member;
(B) One representative from the West Virginia board of
examiners for registered professional nurses representing a
bachelor and higher degree program;
(C) One representative from the West Virginia nurses
association;
(D) One health care administrator;
(E) One registered professional staff nurse engaged in direct
patient care; and
(F) One licensed practical nurse engaged in direct patient
care.
(d) After the initial terms expire, the terms of all the
members shall be four years, with no member serving more than two
consecutive terms.
(e) The board shall designate a chairperson. Six members
shall constitute a quorum.
§30-7B-6. Board's powers and duties.
The board of directors shall have the following powers and
duties:
(1) Employ an executive director and other personnel necessary
to carry out the provisions 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 of this code
to implement the provisions of this article;
(6) Impanel an advisory committee of stakeholders to provide
consultation to the board; and
(7) Do such other acts as necessary to alleviate the nursing
shortage in West Virginia.
§30-7B-7. 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-8. 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:
(1) Assessing all nurses licensed by the board of examiners
for registered professional nurses, pursuant to section eight-a,
article seven of this chapter, and the board of examiners for
licensed practical nurses, pursuant to section seven-a, article
seven-a of this chapter, a supplemental licensure fee not to exceed
ten dollars per year; and
(2) Other public and private funds.
(c) Beginning the first day of January, two thousand six, and
continuing at least two years, a minimum of an equivalent of one
third of the funding from the annual supplemental licensure fees
shall be used for loan and scholarship programs.
§30-7B-9. Reports.
The center shall report annually to the joint committee on
government and finance 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
center's plan.
§30-7B-10. Continuation.
The West Virginia center for nursing shall continue to exist
until the first day of July, two thousand eight, unless sooner
terminated, continued or reestablished pursuant to the provisions
of article ten, chapter four of this code.