THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ARGALL, BENNINGHOFF, THOMAS, BAKER, BARRAR, BEYER, BOYD, BRENNAN, BROWN, DALLY, DONATUCCI, ELLIS, FAIRCHILD, GEORGE, GILLESPIE, GINGRICH, GOODMAN, GROVE, HARHAI, M. KELLER, KILLION, KORTZ, LONGIETTI, McILVAINE SMITH, MELIO, MICCARELLI, MURT, O'NEILL, PAYNE, PICKETT, PYLE, READSHAW, REICHLEY, SEIP, SIPTROTH, K. SMITH, SOLOBAY, STABACK, WANSACZ, WATSON, YUDICHAK AND FREEMAN, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 18, 2009  

AN ACT

Amending the act of January 25, 1966 (1965 P.L.1546, No.541),

entitled "An act providing scholarships and providing funds

to secure Federal funds for qualified students of the

Commonwealth of Pennsylvania who need financial assistance to

attend postsecondary institutions of higher learning, making

an appropriation, and providing for the administration of

this act," authorizing the Nursing Undergraduate Returning

Student Eligibility Program.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of January 25, 1966 (1965 P.L.1546, No.

541), referred to as the Higher Education Scholarship Law, is

amended by adding a section to read:

Section 8.5.  Nursing Undergraduate Returning Student

Eligibility Program.--(a)  The Nursing Undergraduate Returning

Student Eligibility Program is established in the agency.

Beginning in the 2009-2010 fiscal year and each year thereafter,

to the extent that funds are specifically appropriated for the

purpose, the agency shall provide up to four additional years of

grant eligibility for applicants who previously completed an

undergraduate degree program and enroll in an agency-approved

nursing program at an approved institution of higher learning

within this Commonwealth.

(b)  As part of its annual budget request to the General

Assembly, the agency shall request funds for the purpose of

carrying out the provisions of this section separate from the

agency's request for funds under section 8 of this act.

(c)  The scholarship shall be terminated if the student

receives his degree in a shorter period of time. Qualifications

for renewal shall include maintaining satisfactory academic

standing, making normal progress toward completion of the course

of study and continued eligibility as determined by the agency,

including continual legal residency.

(d)  The agency shall determine eligibility criteria and

approve programs, including, but not limited to, nurse education

programs and nurse instructor programs at approved institutions

of higher learning within this Commonwealth.

(e)  A grant recipient shall enter into a contract with the

agency that requires the recipient, upon successful completion

of an approved nursing program and licensure as a registered

nurse to practice nursing in this Commonwealth or a nursing

instructor program, to practice or teach for a period of not

less than five consecutive years.

(f)  The contract entered into with the agency pursuant to

subsection (e) of this section shall be considered a contract

with the Commonwealth and shall include the following terms:

(1)  For nurse education program participants:

(i)  An unlicensed recipient shall apply for a registered

nurse's license to practice in this Commonwealth at the earliest

practicable opportunity upon successfully completing a degree in

nursing.

(ii)  Within six months after licensure, a recipient shall

engage in the practice of nursing in this Commonwealth according

to the terms of the grant award.

(iii)  The recipient shall agree to practice in a licensed

health care facility in the provision of direct patient care on

a full-time basis.

(iv)  The recipient shall permit the agency to determine

compliance with the work requirements for nurses and all other

terms of the contract.

(v)  Upon the recipient's death or total or permanent

disability, the agency shall nullify the service obligation of

the recipient.

(vi)  If the recipient is convicted of or pleads guilty or no

contest to a felony or if the licensing board has determined

that the recipient has committed an act of gross negligence in

the performance of service obligations or has suspended or

revoked the license to practice, the agency shall terminate the

recipient's service in the program and demand repayment of the

amount of grants as of the date of the conviction,

determination, suspension or revocation.

(vii)  Recipients who fail to begin or complete the

obligations contracted for shall pay to the agency the amount of

the grants received under the terms of the contract pursuant to

this section. Providing false information or misrepresentation

on an application or verification of service shall be deemed a

default.

(2)  For nurse instructor program participants:

(i)  Within six months after completion of a nurse instructor

program, a recipient shall engage in the practice of instructing

nurses in this Commonwealth, according to the terms of the grant

award.

(ii)  The recipient shall agree to teach at an approved

institution of higher learning in this Commonwealth.

(iii)  The recipient shall permit the agency to determine

compliance with the work requirement for nurse instructors and

all other terms of the contract.

(iv)  Upon the recipient's death or total or permanent

disability, the agency shall nullify the service obligation of

the recipient.

(v)  Grant recipients who fail to begin or complete the

obligations contracted for shall pay to the agency the amount of

the grants received under the terms of the contract pursuant to

this section. Providing false information or misrepresentation

on an application or verification of service shall be deemed a

default.

(g)  The agency shall convert to loans the grants awarded to

participants who fail to complete the five-year employment

requirement, which loans must be repaid in accordance with

repayment terms established by the agency.

(h)  Payments received by the agency under subsection (f) of

this section shall be used to provide additional grants under

the program.

Section 2.  This act shall take effect in 60 days.