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 HD1)

A BILL FOR AN ACT

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

Yet Hawaii's nursing schools are turning away applicants. One of the primary reasons for this is a lack of qualified faculty. The faculty 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 faculty positions 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 will threaten the health and welfare of Hawaii's citizens. It is necessary to increase the number of qualified nursing faculty 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.

PART I

The purpose of this part is to establish a program to attract baccalaureate-prepared nurses into 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

§   -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 of Hawaii 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 degree 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. Awarding preference will be given to Hawaii residents.

"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 under the department.

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

(c) The department shall establish lists of approved courses of study for the various types of approved educational institutions to be addressed by the program.

(d) To receive a scholarship grant under this chapter, a student shall meet all of the following requirements:

(e) A student applying for the scholarship shall apply to the department and include all information and documentation required by the department. The application shall include a verified statement of grade point average from the appropriate approved educational institution.

(f) The teaching requirement under subsection (d)(5)(B) shall begin after the receipt of the master's or doctoral degree.

(g) 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 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.

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

(i) Grants awarded under the program shall be limited to funds appropriated for the purpose or funds otherwise matched by external entities. First priority for awarding grants 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 for a master's degree or up to four academic years if the student is enrolled in a doctoral program approved course of study. To qualify for renewals beyond three years, the student shall be in compliance with the requirements of section -2(d) and the department shall determine that the student is making satisfactory progress toward completing a doctoral degree.

§   -4 Program administration. (a) The department shall monitor and verify a student's fulfillment of all requirements 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 for a student who does not comply with this chapter. Repayment shall include the use of all lawful collection procedures and the use of private collection agencies.

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

(e) Scholarship grants received by a student from 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 grant under this chapter 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. (a) The department shall publish a report by September 1, 2006, and every year thereafter. The report shall include information regarding the operation of the program, including:

(b) The annual report shall be submitted to the governor and the legislature no later than twenty days prior to the convening of each regular session."

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, 2005.

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 reasoning that applied in the 1980s for the pilot program 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, nurses 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 being able to prepare 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 Act 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 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 the provision of review and training courses that meet the following conditions:

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

(e) These programs shall provide instruction to qualified individuals. 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 shall establish requirements and procedures for the selection of candidates for the program and for appeal by candidates not selected for the program.

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

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

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

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 Act.

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 upon its approval, except that section 8 shall take effect on July 1, 2005.