BILL NUMBER: SB 139 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Scott
JANUARY 25, 2007
An act to amend Sections 70120, 70124, 89267, and 92645 of, and to
add Section 70128.5 to, the Education Code, and to add Article 5
(commencing with Section 128050) to Chapter 2 of Part 3 of Division
107 of the Health and Safety Code, relating to nursing education.
LEGISLATIVE COUNSEL'S DIGEST
SB 139, as introduced, Scott. Nursing education.
(1) Existing law establishes the Student Aid Commission as the
primary state agency for the administration of state-authorized
student financial aid programs available to students attending all
segments of postsecondary education.
Existing law establishes the State Nursing Assumption Program of
Loans for Education (SNAPLE), administered by the commission, under
which any person enrolled in an institution of postsecondary
education and participating in that loan assumption program is
eligible to receive a conditional warrant for loan assumption, to be
redeemed upon becoming employed as a full-time nursing faculty member
at a California college or university.
Existing law establishes a loan assumption program for employees
of specified state facilities within the SNAPLE program. This program
provides loan assumption benefits to persons who fulfill agreements
to work full time for 4 consecutive years as clinical registered
nurses in state-operated 24-hour facilities, as specified, that
employ registered nurses and that, at the time the person commences
employment at the facility, have a vacancy rate of greater than 10%
in clinical registered nursing positions, as reported, pursuant to
the bill, to the commission by the Department of Personnel
Administration. The program provides for a progressive assumption of
the amount of a qualifying loan over 4 consecutive years of
qualifying clinical registered nursing service, up to a total loan
assumption of $20,000.
Under existing law, this program becomes inoperative on July 1,
2012, and is repealed on January 1, 2013.
This bill would make a person who is currently employed as a
registered nurse in a state-operated 24-hour facility ineligible to
enter into an agreement for loan assumption under this program. The
bill would also specify that, in any fiscal year, the commission
shall award no more than the number of warrants that are authorized
by the Governor and the Legislature in the annual Budget Act for that
year for the assumption of loans pursuant to the program.
(2) Existing law establishes the California State University,
under the administration of the Trustees of the California State
University, as one of the segments of public postsecondary education
in this state. Existing law provides for the operation of 25
component institutions of the university.
Existing law establishes the University of California, under the
administration of the Regents of the University of California, as one
of the segments of public postsecondary education in this state.
Existing law authorizes the provision of instruction at the 10
component institutions of the university. Existing law expresses
legislative intent with respect to the expansion of baccalaureate
degree nursing programs of those respective segments.
This bill would express legislative intent that the funding for
the enrollment expansions referenced in this section be funded within
the general enrollment growth funding that is traditionally provided
to the respective segments during the annual Budget process.
(3) Existing law establishes the Office of Statewide Health
Planning and Development, which is charged with the administration of
health policy and planning. Existing law establishes the California
Health Data and Planning Fund, and authorizes moneys from that fund
to be appropriated for expenditure for health-related programs of the
office.
This bill would provide for the establishment of a healthcare
workforce clearinghouse under the administration of the Office of
Statewide Health Planning and Development. The bill would provide
that the clearinghouse would serve as the central source of health
care workforce and educational pipeline data in the state. The bill
would provide that the activities of the clearinghouse would be
funded by appropriations made from the California Health Data and
Planning Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 70120 of the Education Code is amended to read:
70120. (a) (1) Any person enrolled in an eligible institution, or
any person who agrees to work full time as a registered nurse in a
state-operated 24-hour facility that employs registered nurses, may
be eligible to enter into an agreement for loan assumption, to be
redeemed pursuant to Section 70122 upon becoming employed as a
clinical registered nurse in a state-operated 24-hour facility that
employs registered nurses and that has a clinical registered nurse
vacancy rate of greater than 10 percent as reported annually to the
commission by the Department of Personnel Administration pursuant to
Section 70121. In order to be eligible to enter into an agreement for
loan assumption, an applicant shall satisfy all of the conditions
specified in subdivision (b).
(2) As used in this article, "eligible institution" means a
postsecondary institution that is determined by the Student Aid
Commission to meet both of the following requirements:
(A) The institution is eligible to participate in state and
federal financial aid programs.
(B) The institution maintains an accredited program of
professional preparation for licensing as a registered nurse in
California.
(3) As used in this article, "state-operated 24-hour facility"
includes, but is not necessarily limited to, a state-operated prison,
psychiatric hospital, or veterans' home.
(b) (1) The applicant has been admitted to, or is enrolled in, an
accredited program of professional preparation for licensing as a
registered nurse in California. However, a person who is
currently employed as a registered nurse in a state-operated 24-hour
facility is not eligible to enter into an agreement for loan
assumption under this article.
(2) The applicant is currently enrolled, or has been admitted to a
program in which he or she will be enrolled, on a full-time basis,
as determined by the participating institution. The applicant shall
agree to maintain satisfactory academic progress and a minimum of
full-time enrollment, as defined by the participating eligible
institution.
(3) The applicant has been judged by his or her postsecondary
institution to have outstanding ability on the basis of criteria that
may include, but need not be limited to, any of the following:
(A) Grade point average.
(B) Test scores.
(C) Faculty evaluations.
(D) Interviews.
(E) Other recommendations.
(4) The applicant has received, or is approved to receive, a loan
under one or more of the following designated loan programs:
(A) The Federal Family Education Loan Program (20 U.S.C. Sec. 1071
et seq.).
(B) Any loan program approved by the Student Aid Commission.
(5) The applicant has agreed to work full time for at least four
consecutive years as a clinical registered nurse in a state-operated
24-hour facility that employs registered nurses and that has a
clinical registered nurse vacancy rate of greater than 10 percent as
reported annually to the commission by the Department of Personnel
Administration.
(c) No applicant who has completed fewer than 60 semester units,
or the equivalent, shall be eligible under this section to
participate in the loan assumption program set forth in this article.
(d) An agreement shall remain valid even if the state-operated
facility at which the applicant is employed ceases to be listed
pursuant to Section 70121 after the applicant is employed there.
(e) A person participating in the program pursuant to this section
shall not enter into more than one agreement.
SEC. 2. Section 70124 of the Education Code is amended to read:
70124. (a) Except as provided in subdivision (b), if a program
participant fails to complete a minimum of four consecutive years of
full-time employment as required by this article, under the terms of
the agreement pursuant to paragraph (5) of subdivision (b) of Section
70120, the participant shall assume full liability for all student
loan obligations remaining after the commission's assumption of loan
liability for the last year of qualifying clinical registered nursing
service pursuant to Section 70123.
(b) Notwithstanding subdivision (a), if a program participant
becomes unable to complete one of the four consecutive years of
qualifying clinical registered nursing service due to serious
illness, pregnancy, or other natural causes, the term of the loan
assumption agreement shall be extended for a period not to exceed one
year. The commission shall make no further payments under the loan
assumption agreement until the applicable work requirements as
specified in Section 70122 have been satisfied.
(c) If a natural disaster prevents a program participant from
completing one of the required years of work due to the interruption
of employment at the employing state facility, the term of the loan
assumption agreement shall be extended for the period of time equal
to the period from the interruption of employment at the employing
state facility to the resumption of instruction
employment . The commission shall make no further payments
under the loan assumption agreement until the applicable
teaching employment requirements specified in
Section 70103 70123 have been
satisfied.
SEC. 3. Section 70128.5 is added to the Education Code, to read:
70128.5. Notwithstanding any other provision of law, in any
fiscal year, the commission shall award no more than the number of
warrants that are authorized by the Governor and the Legislature in
the annual Budget Act for that year for the assumption of loans
pursuant to this article.
SEC. 4. Section 89267 of the Education Code is amended to read:
89267. It is the intent of the Legislature:
(a) That, pursuant to funding to be appropriated in the Budget Act
of 2007, the trustees should increase, by at least 340, the number
of full-time equivalent students in baccalaureate degree nursing
programs, beginning in the 2007-08 fiscal year.
(b) That the trustees provide a report to the Governor and the
Legislature on or before March 15, 2007, on the proposed expenditure
plans to expand nursing programs to enroll an additional 340
full-time equivalent students as a result of the funds appropriated
in the Budget Act of 2007.
(c) To support the expansion of future baccalaureate degree
nursing enrollment with annual appropriations in the State Budget
Act.
(d) That the funding for the enrollment expansions referenced in
this section be funded within the general enrollment growth funding
that is traditionally provided to the California State University
during the annual State Budget process.
SEC. 5. Section 92645 of the Education Code is amended to read:
92645. It is the intent of the Legislature that all of the
following occur:
(a) That, pursuant to funding to be appropriated in the Budget Act
of 2007, the Regents of the University of California should offer at
least 175 full-time equivalent students in baccalaureate degree
nursing programs, at least 140 state-supported full-time equivalent
students in accelerated master's level nursing programs, including
entry-level master's programs and entry-level master's clinical
programs, at least 41 full-time equivalent associate degree nursing
(ADN) transitional to bachelor's of science of nursing (BSN) and
full-time equivalent master of science of nursing (MSN) students, and
at least 40 full-time equivalent students in traditional master of
science in nursing (MSN) degree programs by the 2007-08 academic
year.
(b) That the regents provide a report to the Governor and the
Legislature on or before March 15, 2007, on the proposed expenditure
plans to expand nursing programs to enroll the additional students
identified in subdivision (a).
(c) That the expansion of future baccalaureate, accelerated master'
s degree, ADN transitional to BSN and MSN degrees, and traditional
MSN degree nursing enrollment be supported with appropriations in the
annual Budget Act.
(d) That the funding for the enrollment expansions referenced in
this section be funded within the general enrollment growth funding
that is traditionally provided to the University of California during
the annual State Budget process.
SEC. 6. Article 5 (commencing with Section 128050) is added to
Chapter 2 of Part 3 of Division 107 of the Health and Safety Code, to
read:
Article 5. Health Care Workforce Clearinghouse
128050. The Office of Statewide Health Planning and Development
is responsible for establishing a health care workforce clearinghouse
to serve as the central source of health care workforce and
educational pipeline data in the state. The clearinghouse shall be
responsible for the collection, analysis, and distribution of
information on the educational and employment trends for health care
occupations in the state. The activities of the clearinghouse shall
be funded by appropriations made from the California Health Data and
Planning Fund in accordance with subdivision (h) of Section 127280.
128051. The Office of Statewide Health Planning and Development
shall work with the Employment Development Department's Labor Market
Information Division, state licensing boards, and state higher
education entities to collect all of the following data:
(a) The current supply of health care workers, by specialty.
(b) The geographical distribution of health care workers, by
specialty.
(c) The diversity of the health care workforce, by specialty.
(d) The current and forecasted demand for health care workers, by
specialty.
(e) The educational capacity to produce trained, certified, and
licensed health care workers, by specialty and by geographical
distribution.
128052. The Office of Statewide Health Planning and Development
shall prepare an annual report to the Legislature that does all of
the following:
(a) Identifies education and employment trends in the health care
profession.
(b) Reports on the current supply and demand for health care
workers in California and gaps in the educational pipeline producing
workers in specific occupations and geographic areas.
(c) Recommends state policy needed to address issues of workforce
shortage and distribution.
SEC. 7. It is the intent of the Legislature that colleges and
universities that operate registered nursing programs should not
require students who have been admitted to those programs and who
have already earned a baccalaureate degree to complete general
education requirements, but rather should require these students to
complete only the coursework that is necessary to prepare them for
licensing as registered nurses.