ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 529
(By Senators Snyder, Rowe, Boley, Dempsey, Hunter and Love)
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[Originating in the Committee on Government Organization;
reported February 28, 2003.]
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A BILL to amend the code of West Virginia, one thousand nine
hundred thirty-one, as amended, by adding thereto a new
chapter, designated chapter thirty-a, relating to creating the
West Virginia institute for health care professionals; powers
and duties of the institute; establishing a board of directors
for the institute; creating the center for nursing; center
assuming the duties of the nursing shortage study commission;
establishing a board of directors for the center; powers and
duties of the center; assessing fee to fund the center; and
sunset provisions.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended by adding thereto a new chapter,
designated chapter thirty-a, to read as follows:
CHAPTER 30A. WEST VIRGINIA INSTITUTE FOR HEALTH CARE PROFESSIONALS.
ARTICLE 1. WEST VIRGINIA INSTITUTE FOR HEALTH CARE PROFESSIONALS.
§30A-1-1. Legislative findings.
The Legislature finds that it is in the public's best interest
that there be qualified health care professionals in West Virginia.
Without qualified health care professionals, the health and welfare
of citizens in West Virginia is jeopardized.
A single entity is needed to ensure cooperation and
coordination between different health care professional
organizations so that their efforts are not duplicated.
Therefore, the Legislature declares to ensure quality health-
care in West Virginia, recruitment and retention of qualified
health care professionals is important and an institute is needed
to coordinate the efforts of separate professional health care
centers addressing the health care professionals shortage crisis in
West Virginia.
The Legislature further declares any center, created pursuant
to the provisions of this chapter, shall be an independent entity.
The institute will only prevent unnecessary duplication between the
centers, created pursuant to the provisions of this chapter.
§30A-1-2. West Virginia institute for health care professionals.
Effective the first day of July, two thousand three, the West
Virginia institute for health care professionals is hereby
established to coordinate the efforts of the separate professional health care centers, created pursuant to the provisions of this
chapter, addressing the issues of recruitment and retention of
health care professionals in West Virginia.
§30A-1-3. Institute's powers and duties.
The West Virginia institute for health care professionals
shall have the following powers and duties:
(1) Coordinate the efforts of the separate professional health
care centers, created pursuant to the provisions of this chapter;
(2) Prevent unnecessary duplication of activities between the
separate professional health care centers, created pursuant to the
provisions of this chapter; and
(3) Perform such other duties to implement the provisions of
this article:
Provided, That any center, created pursuant to the
provisions of this chapter, shall be an independent entity.
§30A-1-4. Board of Directors.
(a) The West Virginia institute for health care professionals
will be governed by a board of directors to be established by the
professional health care centers, created pursuant to the
provisions of this chapter, when there are two or more separate
professional health care centers.
(b) The composition, compensation and funding of the board
will be set by the professional health care centers, created
pursuant to the provisions of this chapter.
(c) Each separate professional health care center, created pursuant to the provisions of this chapter, shall be represented on
the board. Provisions must be made for representation of future
professional health care centers.
§30A-1-5. Board's powers and duties.
The board of directors shall have the following powers and
duties:
(1) Employ an executive director;
(2) Determine operational policy;
(3) 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; and
(4) Do such other acts as necessary to help alleviate the
shortage of health care professionals in West Virginia.
§30A-1-6. Continuation.
Pursuant to the provisions of article ten, chapter four of
this code, the West Virginia institute for health care
professionals shall continue to exist until the first day of July,
two thousand eight, unless sooner terminated, continued or
reestablished by act of the Legislature.
ARTICLE 2. CENTER FOR NURSING.
§30A-2-1. 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.
§30A-2-2. West Virginia center for nursing.
Effective the first day of July, two thousand three, 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.
Effective the first day of July, two thousand three, the West
Virginia center for nursing is hereby created to address the issues
of recruitment and retention of nurses in West Virginia.
§30A-2-3. 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, with participation directed to nurses who remain in the
state after graduation and who work in hospitals and other health
care institutions with a critical shortage of nurses;
(9) Establish grants and other programs to provide tax
incentives and other 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 and day and
evening 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.
§30A-2-4. Board of Directors.
(a) The West Virginia center for nursing shall be governed by
a board of directors consisting of the following sixteen members:
(1) One citizen member;
(2) One representative from the West Virginia board of
examiners for registered professional nurses;
(3) One representative from the West Virginia board of
examiners for licensed practical nurses;
(4) One representative from the West Virginia nurses
association;
(5) Three registered nurse educators, as follows:
(A) One nurse educator from a school that educates licensed
practical nurses;
(B) One nurse educator representing associate degree programs;
and
(C) One nurse educator representing baccalaureate and higher
degree programs;
(6) Three representatives of employers of nurses, as follows:
(A) One chief nurse executive;
(B) One director of nursing; and
(C) One health care administrator;
(7) Three registered professional staff nurses representing
different areas of nursing; and
(8) Three ex officio members, as follows:
(A) The secretary for education and the arts or a designee;
(B) The secretary of the department of health and human
resources or a designee; and
(C) A representative from the workforce development office.
(b) The thirteen citizen members of the board shall be
appointed by the governor, by and with the consent of the Senate, from names submitted by the vice chancellor for health sciences,
the president of the West Virginia Senate, the speaker of the West
Virginia House of Delegates, the West Virginia nurses association,
the West Virginia hospital association and other professional
nursing associations.
(c) Before the first day of July, two thousand three, the
governor, by and with the consent of the Senate, shall appoint the
thirteen citizen members as follows:
(1) The citizen member; the representatives of the licensing
boards and the nursing association; and one representative each
from the nurse educators, nurse employers and registered
professional nurses, for a term of two years; and
(2) The rest of the board members for a term of four years.
(d) After the initial appointments 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. Seven members
shall constitute a quorum.
§30A-2-5. Board's powers and duties.
The board of directors shall have the following powers and
duties:
(1) Employ an executive director;
(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; and
(6) Do such other acts as necessary to alleviate the nursing
shortage in West Virginia.
§30A-2-6. Compensation.
The board members shall be reimbursed for actual and necessary
expenses incident to the performance of their duties.
§30A-2-7. Funding.
(a)
A special revenue account known as the "center for nursing
fund" is hereby established to be administered by the board to
carry out the purposes of this article.
(b) The account shall be funded by assessing a supplemental
licensure fee, established by rule, and by seeking other public and
private funds.
(c) After the center's first year and in subsequent years
thereafter, a minimum of an equivalent of one third of the funding
from the annual licensure fees shall be specifically used for loan
and scholarship programs.
§30A-2-8. Continuation.
Pursuant to the provisions of article ten, chapter four of
this code, 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 by act of the
Legislature.
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