Enacting Legistlation

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.

  1. 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.
  2. 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.
  3. 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.

  1. 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.
  2. 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.
  3. 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. 

  1. "Board" means the board of directors for the West Virginia center for nursing. 
  2. "Center" means the West Virginia center for nursing. 
  3. "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.

  1. 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. 
  2. 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.
  3. 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.

  1. 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:
      • One representing a bachelor and higher degree program; and
      • 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:
      • One director of nursing; and
      • 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:
      • The secretary of the department of health and human resources or a designee; and
      • A representative from the workforce development office.
    10. 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:
        • One representative from the West Virginia board of examiners for registered professional nurses representing an associate degree program;
        • One representative from the West Virginia board of examiners for licensed practical nurses;
        • One nurse representing a rural health care facility;
        • One director of nursing; and
        • One registered professional staff nurse engaged in direct patient care;
      2. The following members for an initial term of four years:
        • One citizen member;
        • One representative from the West Virginia board of examiners for registered professional nurses representing a bachelor and higher degree program;
        • One representative from the West Virginia nurses association;
        • One health care administrator;
        • One registered professional staff nurse engaged in direct patient care; and
        • One licensed practical nurse engaged in direct patient care.
      3. After the initial terms expire, the terms of all the members shall be four years, with no member serving more than two consecutive terms.
      4. 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. 

  1. 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. 
  2. 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.
  3. 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.