PRINTER'S NO. 302
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 20030H0264B0302 - 2 -
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. 20030H0264B0302 - 3 -
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 20030H0264B0302 - 4 -
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 20030H0264B0302 - 5 -
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. A2L63SFL/20030H0264B0302 - 7 -