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                                                       PRINTER'S NO. 302

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 264 Session of 2003


        INTRODUCED BY VANCE, CIVERA, DAILEY, DeWEESE, NAILOR,
           E. Z. TAYLOR, NICKOL, ADOLPH, ALLEN, ARMSTRONG, BALDWIN,
           BARD, BARRAR, BASTIAN, BEBKO-JONES, BELARDI, BELFANTI,
           BISHOP, BROWNE, BUNT, BUXTON, CAPPELLI, CLYMER, CORNELL,
           COSTA, COY, CREIGHTON, CRUZ, CURRY, DALEY, DALLY, DeLUCA,
           EACHUS, J. EVANS, FAIRCHILD, FLEAGLE, FLICK, FRANKEL,
           FREEMAN, GANNON, GEIST, GEORGE, GILLESPIE, GOODMAN, GORDNER,
           GRUCELA, HARHAI, HARPER, HASAY, HENNESSEY, HERMAN, HERSHEY,
           HESS, HORSEY, JAMES, JOSEPHS, KELLER, KIRKLAND, KOTIK,
           LAUGHLIN, LEACH, LEDERER, MACKERETH, MAITLAND, MAJOR,
           MANDERINO, MANN, MARKOSEK, MARSICO, McGEEHAN, McNAUGHTON,
           MELIO, MICOZZIE, R. MILLER, S. MILLER, MUNDY, PALLONE, PAYNE,
           PETRARCA, PETRONE, PHILLIPS, PICKETT, PIPPY, PRESTON, REED,
           REICHLEY, ROEBUCK, ROSS, RUBLEY, SATHER, SAYLOR, SCHRODER,
           SEMMEL, B. SMITH, SOLOBAY, STABACK, STURLA, TANGRETTI, TIGUE,
           WALKO, WANSACZ, WATSON, WILT, WOJNAROSKI, YOUNGBLOOD AND
           YUDICHAK, FEBRUARY 12, 2003

        REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
           FEBRUARY 12, 2003

                                     AN ACT

     1  Providing for recruitment and retention of nurses; establishing
     2     the Pennsylvania Center for Nursing; and making an
     3     appropriation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Nurse
     8  Recruitment and Retention Act.
     9  Section 2.  Declaration of policy.
    10     The General Assembly finds and declares as follows:


     1         (1)  The center will repay the Commonwealth's investment
     2     by providing an ongoing strategy for the allocation of the
     3     Commonwealth's resources directed toward nursing.
     4         (2)  It is imperative that the Commonwealth protect its
     5     investment and progress made in its nursing efforts to date.
     6     The center is the appropriate means to do this.
     7         (3)  The center shall have adequate budget support for
     8     its operations so that it may have adequate resources to
     9     carry out this act.
    10  Section 3.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Board."  The Pennsylvania Nursing Center Board of Directors
    15  established in section 5.
    16     "Center."  The Pennsylvania Center for Nursing established in
    17  section 4.
    18     "Director."  The executive director of the Pennsylvania
    19  Center for Nursing.
    20  Section 4.  The Pennsylvania Center for Nursing.
    21     (a)  Establishment.--The Pennsylvania Center for Nursing is
    22  established as a legislative agency.
    23     (b)  Powers and duties.--The center has the following powers
    24  and duties:
    25         (1)  Address issues of supply and demand of the nursing
    26     work force in this Commonwealth. This paragraph includes
    27     education, recruitment, retention and utilization of nurse
    28     personnel resources.
    29         (2)  To develop a Statewide nursing work force consortium
    30     among schools, health care providers and other relevant
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     1     institutions to plan and implement models which enhance
     2     educational and career mobility for nurses.
     3         (3)  Establish a mechanism to keep the consortium under
     4     paragraph (2) in place over the long term so the monitoring
     5     of nursing care needs and the building of a nursing work
     6     force with corresponding strengths become ongoing components
     7     of this Commonwealth's health care structure by doing all of
     8     the following:
     9             (i)  Conduct a comprehensive assessment of the
    10         current and projected nursing care needs in this
    11         Commonwealth.
    12             (ii)  Develop a dependable system for estimating
    13         future needs.
    14             (iii)  Analyze the capacity of this Commonwealth's
    15         nursing work force to meet these needs.
    16             (iv)  Analyze the area's educational infrastructure
    17         to produce the numbers and types of nursing professionals
    18         required.
    19             (v)  Convene various groups representative of nurses,
    20         other health care providers, business and industry,
    21         consumers, legislators and educators to do all of the
    22         following:
    23                 (A)  Review and comment on data analysis
    24             conducted by the center.
    25                 (B)  Recommend systemic changes, needed to
    26             improve delivery of health care services by nurses,
    27             including strategies for implementation of
    28             recommended changes.
    29                 (C)  Evaluate and report the results of these
    30             efforts to the General Assembly and others.
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     1                 (D)  Promote media and positive image-building
     2             efforts for nursing.
     3                 (E)  Report with evidenced-based data the
     4             relationship of nursing care to the positive outcomes
     5             of the health consumer.
     6     (c)  Director.--The center shall be operated by a director
     7  employed by the board under section 5(f)(4).
     8  Section 5.  Pennsylvania Nursing Center Board of Directors.
     9     (a)  Establishment.--The center shall be governed by the
    10  Pennsylvania Nursing Center Board of Directors.
    11     (b)  Membership.--The board shall consist of the following
    12  directors:
    13         (1)  Four directors appointed by the President pro
    14     tempore of the Senate. One director under this paragraph must
    15     be a professional registered nurse, and one director under
    16     this paragraph must be a representative of the hospital
    17     industry. Other directors under this paragraph must represent
    18     other health care professions, business, industry, health
    19     care providers or consumers.
    20         (2)  Four directors appointed by the Speaker of the House
    21     of Representatives. One director under this paragraph must be
    22     a professional registered nurse, and one director under this
    23     paragraph must be a representative of the long-term care
    24     industry. Other directors under this paragraph must represent
    25     other health care professions, business, industry, health
    26     care providers or consumers.
    27         (3)  Three directors appointed by the Governor:
    28             (i)  Two directors under this paragraph must be
    29         professional registered nurses.
    30             (ii)  One director under this paragraph must be a
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     1         representative of the home health care industry.
     2         (4)  Four directors appointed by the Governor:
     3             (i)  All directors under this paragraph must be nurse
     4         educators.
     5             (ii)  One director under this paragraph must have
     6         experience in the development and implementation of a
     7         diploma school of nursing.
     8             (iii)  One director under this paragraph must have
     9         experience in the development and implementation of an
    10         associate degree nursing program.
    11             (iv)  One director under this paragraph must have
    12         experience in the development and implementation of a
    13         baccalaureate degree nursing program.
    14             (v)  One director under this paragraph must have
    15         experience in the development and implementation of a
    16         practical nursing program.
    17     (c)  Terms.--
    18         (1)  Directors under subsection (b)(1) and (2) shall
    19     serve at the pleasure of the appointing authority. A director
    20     under this paragraph may not serve consecutively for more
    21     than eight years.
    22         (2)  Directors under subsection (b)(3) shall serve as
    23     follows:
    24             (i)  One director shall serve an initial term of four
    25         years.
    26             (ii)  One director shall serve an initial term of
    27         three years.
    28             (iii)  Two directors shall serve initial terms of two
    29         years.
    30             (iv)  Each term following an initial term shall be
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     1         for four years.
     2             (v)  A director under this paragraph may not serve
     3         more than two terms consecutively.
     4         (3)  Directors under subsection (b)(4) shall serve as
     5     follows:
     6             (i)  One director shall serve an initial term of four
     7         years.
     8             (ii)  One director shall serve an initial term of
     9         three years.
    10             (iii)  One director shall serve an initial term of
    11         two years.
    12             (iv)  Each term following an initial term shall be
    13         for four years.
    14             (v)  A director under this paragraph may not serve
    15         more than two terms consecutively.
    16         (4)  A vacancy under subsection (b)(3) or (4) shall be
    17     filled by the appointing authority for the remainder of the
    18     term.
    19         (5)  A director shall hold office until a successor is
    20     appointed and qualified.
    21     (d)  Quorum.--Eight directors constitutes a quorum.
    22     (e)  Officers.--The directors shall elect a chairperson and
    23  secretary from among its members. An officer shall serve a term
    24  of two years. An officer may not serve successive terms.
    25     (f)  Powers and duties.--The board has the following powers
    26  and duties:
    27         (1)  Determine operational policy for the center.
    28         (2)  Implement the functions of the center.
    29         (3)  Seek and accept private funds to carry out the
    30     policy of the center.
    20030H0264B0302                  - 6 -     

     1         (4)  Employ the director.
     2         (5)  Establish committees as necessary.
     3         (6)  Appoint a multidisciplinary advisory council for
     4     input and advice on policy matters.
     5     (g)  Compensation.--Directors shall serve without
     6  compensation but shall be reimbursed for reasonable and
     7  necessary expenses in the performance of their duties.
     8  Section 19.  Appropriation.
     9     The sum of $    , or as much thereof as may be necessary, is
    10  hereby appropriated to the Pennsylvania Center for Nursing for
    11  the fiscal years July 1, 2002, to June 30, 2004, to carry out
    12  the provisions of this act.
    13  Section 20.  Effective date.
    14     This act shall take effect in 60 days.











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