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AN ACT
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relating to the professional nursing shortage reduction program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.9621, Education Code, is amended to |
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read as follows: |
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Sec. 61.9621. DEFINITION [DEFINITIONS]. In this |
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subchapter, "professional nursing program" means an educational |
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program offered by a public or private institution of higher |
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education for preparing students for initial licensure as |
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registered nurses. |
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SECTION 2. Section 61.9623(a), Education Code, is amended |
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to read as follows: |
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(a) A grant from the professional nursing shortage |
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reduction program to a professional nursing program or other entity |
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involved with a professional nursing program in the preparation of |
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students for initial licensure as registered nurses must be: |
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(1) expended exclusively on costs related to: |
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(A) enrolling additional students; |
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(B) nursing faculty enhancement in accordance |
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with Section 61.96231; |
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(C) encouraging innovation in the recruitment |
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and retention of students, including the recruitment and retention |
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of Spanish-speaking and bilingual students; or |
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(D) identifying, developing, or implementing |
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innovative methods to make the most effective use of limited |
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professional nursing program faculty, instructional or clinical |
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space, and other resources, including: |
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(i) sharing curriculum and administrative |
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or instructional personnel, facilities, and responsibilities |
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between two or more professional nursing programs located in the |
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same region of this state; and |
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(ii) using preceptors or part-time faculty |
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to provide clinical instruction in order to address the need for |
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qualified faculty to accommodate increased student enrollment in |
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the professional nursing program; |
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(2) contingent on the professional nursing program's |
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having been approved as a professional nursing program by the board |
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or the Texas Board of Nursing, as appropriate[, by September 1,
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2001]; |
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(3) contingent on the professional nursing program's |
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not being on probation with the Texas Board of Nursing or other |
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accrediting body; and |
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(4) if granted to increase enrollments, contingent on |
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the professional nursing program's ability to enroll additional |
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students, including having the necessary classroom space and |
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clinical slots. |
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SECTION 3. Subchapter Z, Chapter 61, Education Code, is |
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amended by adding Sections 61.96232, 61.96233, and 61.9629 to read |
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as follows: |
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Sec. 61.96232. GRANTS TO INCREASE NUMBER OF GRADUATES: |
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APPLICATION PROCESS. (a) The board by rule shall establish a |
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process under which a public or private institution of higher |
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education that offers a professional nursing program may apply for |
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a grant under this subchapter and the commissioner of higher |
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education, contingent on appropriations of money for the grants, |
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selects one or more applicants to receive a grant based on criteria |
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established by board rule. The criteria must include the |
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institution's agreement that the institution's professional |
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nursing program will enroll additional students or graduate |
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additional students prepared for initial licensure as registered |
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nurses. |
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(b) The process established under Subsection (a) may |
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authorize the commissioner of higher education to accept a joint |
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application from multiple institutions that agree to cooperate on a |
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regional or joint basis for their professional nursing programs to |
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enroll additional students or graduate additional students |
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prepared for initial licensure as registered nurses. |
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(c) The application for a grant under this section must |
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require the institution applying for a grant to: |
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(1) state the number of additional students that the |
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institution's professional nursing program intends to enroll or |
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graduate; |
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(2) identify benchmarks for determining adequate |
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progress toward enrolling or graduating those additional students; |
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(3) state the amount of grant money requested; and |
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(4) describe a proposed payment schedule for |
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distribution of the grant money to the institution seeking the |
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grant. |
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(d) The commissioner of higher education may negotiate |
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changes to the application before approving the application. |
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(e) If a professional nursing program fails to enroll or |
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graduate the number of additional students stated in the approved |
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application or does not meet a benchmark identified in the approved |
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application, the commissioner of higher education may: |
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(1) require the institution offering the professional |
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nursing program to return any unearned grant money awarded to the |
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program under this subchapter; |
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(2) withhold future grant awards that would otherwise |
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be made under this subchapter in accordance with the approved |
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application; |
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(3) renegotiate the terms of the approved application; |
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or |
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(4) rescind approval of the application. |
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(f) The board may appoint an advisory committee to advise |
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the commissioner of higher education and the board on |
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implementation of this section. The board may assign to the |
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committee the responsibility for evaluating applications and |
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recommending to the commissioner applications for approval. |
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Sec. 61.96233. NEW PROFESSIONAL NURSING PROGRAMS. (a) The |
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board shall adopt rules for permitting newly established |
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professional nursing programs to participate in and receive grant |
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awards under the program established under this subchapter. |
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(b) The rules the board adopts under Subsection (a) must |
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include: |
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(1) a process for ensuring that newly established |
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professional nursing programs are treated equitably with |
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established programs in the award of grants under this subchapter; |
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and |
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(2) a method for calculating increases in enrollment |
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or graduates if grants are awarded based on such increases. |
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Sec. 61.9629. CONTINUED ELIGIBILITY OF PROGRAMS TO RECEIVE |
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GRANTS. Notwithstanding Section 61.9621, a professional nursing |
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program offered by an entity other than a public or private or |
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independent institution of higher education that was eligible to |
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receive grants from a program under this subchapter before |
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September 1, 2009, remains eligible to receive a grant from such a |
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program if the entity meets all criteria for a grant other than the |
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criterion of being a program offered by an institution of higher |
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education. |
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SECTION 4. The Texas Higher Education Coordinating Board |
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may adopt initial rules for the administration of Sections 61.96232 |
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and 61.96233, Education Code, as added by this Act, at the |
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coordinating board's first meeting after the effective date of this |
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Act. For that purpose, the coordinating board may adopt the rules |
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in the manner provided by law for emergency rules. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4471 was passed by the House on April |
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23, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4471 on May 29, 2009, by the following vote: Yeas 145, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4471 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |