Report Title:

State Center for Nursing

 

Description:

Establishes the state center for nursing in the department of labor and industrial relations for administrative purposes to address issues of supply and demand for nursing, including issues of recruitment, retention, and utilization of nurse workforce resources.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

758

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to a center for nursing.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to establish the state center for nursing in the department of labor and industrial relations for administrative purposes, in order to address issues of supply and demand for nursing, including issues of recruitment, retention, and utilization of nurse workforce resources. The legislature finds that the center will repay the State's investment by providing an ongoing strategy for the allocation of the State's resources directed towards nursing.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

state Center for nursing

§ -1 State center for nursing; established. (a) There is established the state center for nursing within the department of labor and industrial relations for administrative purposes to address issues of supply and demand for nursing, including issues of recruitment, retention, and utilization of nurse workforce resources. The primary goals for the center shall be to:

(1) Develop a strategic statewide plan for a nursing workforce in Hawaii by establishing and maintaining a database on nursing supply, demand, and workforce concerns in the State, to include:

(A) Current supply and demand; and

(B) Future workforce projections and needs;

(2) Convene various groups representative of nursing, business, and community groups to:

(A) Review, publish, and comment on data analysis prepared by the center;

(B) Recommend systemic changes, including strategies for implementation of recommended changes; and

(C) Evaluate and report the results of these efforts to the legislature and other public and private entities as appropriate; and

(3) Promote and publish an analysis of the collected nursing workforce data and evaluate the effectiveness of staffing analysis and acuity measurements, to include patient classification systems, patient outcomes, nursing workload comparisons including the amount of direct nursing care, outcome indicators, and other research conducted to ensure quality patient care and nursing competence by:

(A) Sharing and collaborating with other states which collect health data, nursing workforce outcomes, and related data, including direct nursing care quantitative data;

(B) Evaluating and conducting research on registered nurses, advanced practice registered nurses, licensed practical nurses, and nurses' aides to ensure that distinctions in scope, practice, and practice settings are properly analyzed;

(C) Utilizing data compiled by other sources, including academia, which facilitates analysis of nurse staffing, patient outcomes, and quality analysis;

(D) Determining and publishing information on state, regional, and local shortages;

(E) Developing data on the impact of unlicensed assistive personnel on nursing staffing, nursing quality, and patient care; and

(F) Using data to promote the recruitment and retention of nurses.

(b) Schools of nursing shall work with the state center for nursing and collect data on nursing supply and shortages and use that data to determine enrollment, educational curriculum, and other nursing workforce needs.

(c) Data acquired under this section shall be used to investigate violations of the state requirements for staffing, whistleblower retaliation, and other actions when necessary and appropriate.

(d) The state center for nursing shall be governed by a policy-setting board of directors. The board shall consist of twelve members and shall be appointed by the governor pursuant to section 26-34 as follows:

(1) Two members shall be nurses, one of whom shall be a nurse educator having a doctoral degree in nursing or other appropriate academic subject, and one of whom shall be a nurse researcher;

(2) Five members shall be representatives from business and labor, one of whom shall be a representative from the health care industry;

(3) Three members shall be from community agencies, at least one of whom shall represent a consumer group; and

(4) Two members, upon the recommendation of the Hawaii Nurses Association, shall be nurses practicing in the area of direct care.

(e) The initial appointments shall be staggered in accordance with section 26-34 to allow for continued operations. No member shall serve more than two consecutive terms.

(f) The board shall serve without compensation, but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(g) The board of directors shall:

(1) Appoint, without regard to chapter 76, an executive director who shall serve at the pleasure of the board. The executive director's salary shall be within the range of salaries paid to directors of the departments of the state government. The executive director shall be a member of the state employees' retirement system and shall be eligible to receive the benefits of any state or federal employee benefit program generally applicable to officers and employees of the State;

(2) Request staff assistance from the department of labor and industrial relations and other appropriate state agencies as may be necessary. The board may also employ, without regard to chapter 76, and at pleasure dismiss such persons as it finds necessary for the performance of its functions and fix their compensation, including nurse researchers and nurse educators;

(3) Determine operational policy;

(4) Elect a chairperson and officers;

(5) Establish committees of the board as needed;

(6) Appoint an advisory council for input and advice on policy matters;

(7) Implement the major functions of the center for nursing; and

(8) Seek and accept non-state funds for carrying out center policies.

(h) Nothing in this section shall prohibit or preclude any institution, the center for nursing, or any other government entity from sharing workplace, staffing, or health data collected by the State with any state-authorized health data collection entity or any other entity that is authorized by the State to obtain the data for research purposes. Any public or private entity that obtains data under this section shall comply with state or federal confidentiality requirements and shall use the data only for health research purposes.

(i) Whistleblower protection. Any individual reporting data to the center for nursing, the attorney general, or other state mandated health information collection agency shall be protected against retaliatory or punitive action taken against that individual for providing the data to the agency. This protection shall include the right to initiate suit against any individual or institution that retaliates against the individual making the disclosure. The affected individual shall have the right to claim punitive and compensatory damages."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $800,000, or so much thereof as may be necessary for fiscal year 2001-2002, to establish the state center for nursing within the department of labor and industrial relations for administrative purposes as provided in this Act, including start-up costs.

SECTION 4. The sum appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

_____________________________