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.


NOTE: The purpose of this bill is to create the West Virginia institute for health care professionals and the West Virginia center for nursing to address the nursing shortage crisis by fostering educational and scholarship opportunities for nurses.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.