Introduced Version
House Bill 2738 History
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H. B. 2738
(By Delegates Perdue, Perry, Fleischauer,
Lawrence, Marshall and Moore)
[Introduced February 26, 2013; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5,
§30-7B-6, §30-7B-8 and §30-7B-9 of the Code of West Virginia,
1931, as amended, all relating to the Center for Nursing;
adding definitions; removing outdated language; requiring the
Center on Nursing for Nursing to use two thirds of its funds
on loan and scholarship programs; and requiring the center to
report to the
Legislative Oversight Commission on Health and
Human Resources Accountability
instead of the Joint Committee
on Government and Finance.
Be it enacted by the Legislature of West Virginia:
That §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6,
§30-7B-8 and §30-7B-9 of the Code of West Virginia, 1931, as
amended, be amended and reenacted, all to read as follows:
ARTICLE 7B. CENTER FOR NURSING.
§30-7B-2. Definitions.
As used in this article the following words and phrases mean
the following:
_____(1) "Annual turnover rate" means the number of nurses who
leave an organization in a year divided by the average number of
nurses employed in that year;
_____(a) (2) "Board" means the Board of Directors for the West
Virginia Center for Nursing.
(b) (3) "Center" means the West Virginia Center for Nursing.
(c) (4) "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.
(5) "Hard to fill vacancy" means recruitment difficulties
experienced due to a number of reasons including, but not limited
to, lack of applicants, applicants that lack the proper
qualifications, competition and undesirable hours.
_____(6) "Vacancy rate" means the number of vacant budgeted nursing
positions divided by the total number of budgeted nursing positions
at a point in time.
§30-7B-3. West Virginia Center for Nursing.
(a) Effective July 1, 2004, 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 July 1, 2004, (a) The West Virginia Center for
Nursing is hereby created continued to address the issues of
recruitment and retention of nurses in West Virginia.
(c)(b) 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.
(A) The Center will be responsible for collecting data from
employers and nurses (LPN, RN, APN) on at least an annual basis.
The Center shall collaborate with employers and other state
agencies to develop the best method for data collection.
(B) The data shall include vacancy rates, annual turnover rate
and information about hard to fill vacancies for all levels of nurses.
(C) As used in this article the term:
(I) "Vacancy rate" shall mean the number of vacant budgeted
nursing positions divided by the total number of budgeted nursing
positions at a point in time;
(ii) "Annual turnover rate" shall mean the number of nurses
who leave an organization in a year divided by the average number
of nurses employed in that year;
(iii) "Hard to fill vacancy" shall mean recruitment
difficulties experienced, due to a number of reasons including, but
not limited to, lack of applicants, applicants that lack the proper
qualifications, competition, and undesirable hours.
(D) (C) Employers of nurses who are surveyed shall be required
to provide data annually by the deadline established by the Center.
(E) (D) Data shall be reported by the Center in aggregate form
by workforce region.
(F) (E) Data shall be used by the Center to strategically plan
for recruitment and retention initiatives by region.
(G) (F) Data received under this section that contains
information identifying specific patients or health care facilities
is confidential, is not subject to disclosure and may not be
released unless all identifying information is removed.
(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 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 July 1, 2004, 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) (b) 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) (c) 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-8. Special revenue account.
(a) A special revenue account known as the "Center for Nursing
Fund" is hereby established continued 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
$10 per year; and
(2) Other public and private funds.
(c) Beginning January 1, 2006, and continuing at least two
years, A minimum of an equivalent of one third two thirds 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 Legislative Oversight Commission on Health
and Human Resources Accountability 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.
NOTE: The purpose of this bill is to require the Center on
Nursing for Nursing to use two thirds of its funds on loan and
scholarship programs and requires the center to report to the
LOCHHRA instead of the Joint Committee on Government and Finance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.