Report Title:

Nurses; Scholarship Program

Description:

Establishes a nursing scholars program to attract nurses with a bachelor's degree in nursing into a master's or doctoral program to prepare them for academic careers. Reestablishes the two-year Operation Nightingale program to help nurses review and train for the state Board of Nursing examination. (SB116 HD2)

THE SENATE

S.B. NO.

116

TWENTY-THIRD LEGISLATURE, 2005

S.D. 2

STATE OF HAWAII

H.D. 2


 

A BILL FOR AN ACT

 

Relating to nurses.

 

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

PART I

SECTION 1. Hawaii's registered nurse workforce is aging, and as an increasing number of registered nurses retire, the shortage of registered nurses worsens. The projected shortage for 2005 is one thousand five hundred eighteen registered nurses, and this shortage is expected to grow to two thousand two hundred sixty-seven registered nurses by 2010.

However, Hawaii's nursing schools continue to turn away applicants primarily due to the lack of qualified faculty. This shortage is attributed to various factors, such as limited financial incentives to pursue a career in nursing education, a need to maintain one's income while pursuing a graduate degree, and significant tuition and loan expenses for students who pursue graduate studies in nursing. Increasing the number of qualified nursing school instructors is an essential step towards training the next generation of nurses and reversing the nursing shortage.

The legislature finds that the shortage of registered nurses threatens the health and welfare of Hawaii's residents. To meet the demand for registered nurses in the next decade, the legislature finds that it is necessary to increase the number of graduate students pursuing master's degrees and doctoral degrees in nursing so that they may become qualified nursing educators upon completion of their advanced degrees.

The purpose of this part is to establish a program to encourage baccalaureate-prepared nurses to enroll in master's and doctoral programs that will prepare them for academic careers in nursing.

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

"Chapter

NURSING SCHOLARS PROGRAM

§   -1 Definitions. As used in this chapter, unless the context otherwise requires:

"Approved course of study" means a course of study that leads to enrollment in a graduate nursing program approved by the state board of nursing or a course of study in a graduate nursing program approved by the state board of nursing.

"Approved educational institution" means a public or private post-secondary educational institution located in this state that has been recognized by a nationally recognized accrediting agency that is listed by the United States Secretary of Education.

"Department" means the University of Hawaii.

"Program" means the nursing scholars program established under this chapter.

"Student" means any individual domiciled in this state who attends or is about to attend a post-secondary educational institution located in this state leading to a master's or doctoral degree in nursing and who intends to teach in a nursing program in Hawaii designed to prepare students for licensure as registered nurses.

"Work requirement" means teaching at a school of nursing located in Hawaii after receiving a master's degree or doctoral degree in nursing.

§   -2 Nursing scholars program; establishment, administration. (a) There is established a program to be known as the nursing scholars program to be placed within the department.

(b) The department may provide scholarship grants under the scholarship program to an eligible student who is domiciled in this state upon confirmation from an approved educational institution that the student has been accepted for enrollment in an approved graduate course of study. Awarding preference shall be given to Hawaii residents. Scholarship grants shall only be awarded in the amounts set forth in section -3(a) and shall only be used for tuition, books, laboratory fees, and any other required educational fees and costs.

(c) The department shall establish lists of approved graduate courses of study for the various types of approved educational institutions falling within the program.

(d) To receive a scholarship grant under this chapter, a student shall:

(1) Have graduated from a recognized nursing program with a bachelor of science in nursing;

(2) Maintain domicile in Hawaii during the term of the scholarship grants;

(3) Comply with any conditions placed on the scholarship grant by the department;

(4) Maintain a grade point average of 3.0 or higher, on a scale of 4.0 or its equivalent; and

(5) Enter into a written agreement with the department to:

(A) Satisfy all degree requirements and other requirements under this chapter;

(B) Commence nursing instruction in this state within one year after completion of an approved graduate degree in nursing and receipt of a master's or doctoral degree, for a period of one year for each academic year the student receives a scholarship grant under this chapter, unless the department determines that there are extenuating circumstances; and

(C) Reimburse the State for all amounts received under this chapter and interest thereon, as determined by the department, if the student fails to comply with this subsection.

(e) A student applying for a scholarship grant shall include in the application, all information and documentation required by the department. The application shall, as appropriate, include a verified statement of grade point average from the approved educational institution in which the student is enrolled.

(f) If a student terminates enrollment in the approved educational institution during the academic year or prior to completion of the approved graduate course of study and is eligible to have all or a portion of the tuition payments refunded under the refund policies of the approved educational institution, the approved educational institution shall notify the department in writing and shall return all unused portions of the scholarship grant. Returned amounts shall be used to fund other scholarship grants under this chapter.

(g) A scholarship grant under this chapter is only transferable to another approved educational institution if approved by the department.

(h) Scholarship grants awarded under the program shall be limited to funds appropriated for the purpose of awarding grants or funds otherwise matched by external entities. First priority for scholarship grant awards shall be given to renewal applicants.

§   -3 Scholarships; nursing degree programs. (a) The department shall award a scholarship grant in an amount up to $10,000 per academic year to a student enrolled full-time in an approved educational institution pursuing a graduate degree in nursing through an approved course of study.

(b) The grant shall be for a maximum of three academic years if the student is enrolled in a master's degree program, or a maximum of four academic years if the student is enrolled in a doctoral program. To qualify for renewals beyond three years, the student shall comply with the requirements of section -2(d), and the department shall determine that the student is making satisfactory progress toward completing a master's or doctoral degree.

§   -4 Program administration. (a) The department shall monitor and verify a student's fulfillment of all requirements for a scholarship grant under this chapter.

(b) The department may enter into a contract with a private or public entity to administer the program.

(c) The department shall enforce repayment of all scholarship grants if a student does not comply with the requirements of the scholarship grant. Enforcement shall include the use of all lawful collection procedures, including private collection agencies.

(d) Scholarship grants received by a student under the program shall not be considered taxable income under chapter 235.

(e) Scholarship grants received by a student under the program shall not be considered financial assistance or appropriations to the approved educational institution.

(f) Any person who knowingly or intentionally procures, obtains, or aids another to procure or obtain a scholarship grant under the program through fraudulent means shall be disqualified from participation in the program and shall be liable to the department for an amount equal to three times the amount obtained.

§   -5 Annual report. The department shall submit a report to the governor and the legislature by September 1, 2006, and every year thereafter. The report shall include information regarding the operation of the program, including:

(1) The total number of students receiving nursing scholarship grants;

(2) The total amount of scholarship grants awarded;

(3) The number of full-time and part-time graduate students receiving scholarship grants, reported according to institution of enrollment;

(4) The amount of scholarship grants awarded to graduate students, reported according to institution of enrollment; and

(5) The total number of graduate students who withdraw from the program."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2005-2006 and the same sum or so much thereof as may be necessary for fiscal year 2006-2007 to establish and implement the nursing scholars program.

The sums appropriated shall be expended by the University of Hawaii for the purposes of this part.

SECTION 4. This part shall take effect on July 1, 2010.

PART II

SECTION 5. The legislature finds that the recent nurses' strike at major hospitals on Oahu underscores the critical need for nurses and the fact that they are in short supply. The State experienced a similar problem in the 1980s and successfully implemented a pilot project named "Operation Nightingale" through Act 212, Session Laws of Hawaii 1988, to remedy the situation. Originally intended to run for two years, the program was extended through fiscal year 1994-1995 by Act 237, Session Laws of Hawaii 1991.

The rationale for the pilot program in the 1980s still applies today. Insufficient staffing, together with increased patient acuity and occupancy, has a detrimental effect on the quality of nursing care. Long working hours for existing nurses affect their stamina and performance. Hospitals have found it necessary to ask nurses to work overtime and to recruit short-term contract nurses from the mainland. Such actions translate to increased medical care costs and a lowering of the quality of care for the people of Hawaii.

There is again a need for a program that would immediately increase the number of licensed nurses in the state. There are many graduate nurses in Hawaii working as licensed practical nurses, nurse aides, ward clerks, doctor’s secretaries, and other similar nursing-related work, who have not yet passed the written examination required by the state board of nursing. The time demands of their occupations and other socioeconomic pressures prevent them from otherwise preparing adequately for the licensing examination. With some concerted assistance from the private sector and the State, these graduate nurses may be able to pass the written examination and become licensed nurses.

The legislature therefore finds that it is desirable to re-establish a program of tested effectiveness designed to improve test-taking skills of graduate nurses to enable them to successfully pass the required written examination.

The purpose of this part is to re-establish Operation Nightingale to be operated by the department of health, which shall include the provision of classroom facilities, books and review material, instructors, and any other equipment and personnel necessary for and accessory to the program.

SECTION 6. (a) There is established within the department of health a two-year program to be called "Operation Nightingale", the purpose of which shall be to design, operate, or monitor a program of review and training courses to enable graduates of nursing schools to pass the written examination required by the state board of nursing.

(b) Review and training courses shall be four to six months in length.

(c) The department of health shall provide or contract for a program of review and training courses that shall:

(1) Be administered by a duly accredited nursing school;

(2) Include a clinical component;

(3) Be taught by qualified instructors with previous teaching experience; and

(4) Be monitored by the department.

(d) The program of review and training courses shall be developed to assist the following individuals:

(1) Registered nurses who have not recently been employed as nurses, to facilitate their return to active participation in the nursing profession;

(2) Graduates of nursing schools preparing for the examination required by the state board of nursing; and

(3) Graduates of foreign nursing schools preparing for the examination required by the state board of nursing.

(e) The program of review and training courses shall provide instruction to individuals that qualify under criteria developed by the department of health under subsection (f). Classes may be provided at times that the director of health finds necessary, including evenings or weekends. Classes may be held at those sites the department of health deems appropriate.

(f) The department of health with the assistance of professional nursing associations and organizations, shall establish criteria for the selection of candidates. The department of health shall establish procedures for candidate selection and for appeal by candidates not selected for the program.

(g) Candidate selection and the appeals process for candidates not selected shall be conducted by a committee consisting of:

(1) The director of health or a designated representative;

(2) The president of the University of Hawaii or a designated representative;

(3) A representative of the Hawaii nurses association; and

(4) A representative selected by the director of health from each of the medical facilities participating in the program.

Any vacancy on the committee shall be filled in the same manner in which the original position was filled. Members of the committee shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties.

SECTION 7. The Operation Nightingale program shall operate for two years. The department of health shall submit to the legislature no fewer than twenty days prior to the convening of the regular sessions of 2006 and 2007, a report of the performance of the program and any other matter that may be relevant to the implementation of this part.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2005-2006 and the sum of $ or so much thereof as may be necessary for fiscal year 2006-2007 for the implementation of Operation Nightingale, as established in section 6.

The sums appropriated shall be expended by the department of health for the purposes of this part.

SECTION 9. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 10. This part shall take effect on July 1, 2010.