BILL ANALYSIS                                                                                                                                                                                                    






                         SENATE COMMITTEE ON EDUCATION
                               Jack Scott, Chair
                           2005-2006 Regular Session
                                        

          BILL NO:       SB 139
          AUTHOR:        Scott
          INTRODUCED:    January 25, 2007
          FISCAL COMM:   Yes            HEARING DATE:  April 25, 2007
          URGENCY:       No             CONSULTANT:Nancy Anton
           
          SUBJECT  :  Nursing Education
          
           SUMMARY  

          This bill (1) makes changes to the terms of the State  
          Nursing Assumption Program Loans for Education -- State  
          Facilities (SNAPLE-SF), and (2) requires the Office of  
          Statewide Health Planning and Development to collect and  
          annually report specified health profession data.

           BACKGROUND  

          Current law (SB 1309, Scott; Chapter 837, Statutes of 2006)  
          among other things, established the State Nurses Assumption  
          Program of Loans for Education - State Facilities  
          (SNAPLE-SF) to provide up to $20,000 in loan assumption  
          benefits ($5,000 per year for each of 4 years of  
          employment) as an incentive for registered nurses to seek  
          employment in 24-hour state facilities (e.g. prisons,  
          mental hospitals, veteran's homes).  The 2006-07 Budget  
          included authorization for 40 warrants under this program.   
          The California Student Aid Commission, charged with  
          administering this program, is currently in the process of  
          adopting regulations for this program.

           ANALYSIS  

           This bill  :

          1)   Clarifies that registered nurses currently employed in  
               a 24-hour state facility are not eligible to  
               participate in the SNAPLE-SF program.

          2)   Requires the Office of Statewide Health Planning and  
               Development (OSHPD) to collect and annually report to  




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               the Legislature data, as specified, related to  
               education and employment trends in health care  
               professions, current supply and demand for health care  
               workers in California and policies needed to address  
               issue of healthcare workforce shortages and  
               distribution.  The bill states that the costs  
               associated with collecting and reporting this data  
               shall be funded by the California Health Data and  
               Planning Fund, as specified.

          3)   Amends existing statutory intent language regarding  
               funding for nursing program enrollment growth at the  
               University of California (UC) and the California State  
               University (CSU), as specified.

          4)   States intent language that colleges and universities  
               operating registered nursing programs should not  
               require admitted students who have already earned a  
               bachelor's degree to complete general education  
               requirements but, rather should require these students  
               to complete only the coursework necessary to prepare  
               them for licensing as registered nurses.

          5)   Makes other minor and technical changes, as specified.

           STAFF COMMENTS  

           1)   Heard last week by Senate Health Committee  .  This bill  
               was heard by the Senate Health Committee on April 18,  
               2007 and passed to this Committee on a 10-0 vote.  The  
               Health Committee adopted the following amendment,  
               however, due to time constraints that amendment will  
               have to be formally adopted in this Committee today.  
               Accordingly, staff recommends that the following  
               OSHPD-related amendments be adopted:

               a)        Page 7, line 4, delete: "is responsible for  
                    establishing" and, instead, insert: "shall  
                    establish"

               b)        Page 7, line 6, delete: "pipeline"

               In addition, staff recommends that the following  
               additional clarifying amendments related to the OSHPD  
               provisions also be adopted:





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               c)        Page 7, line 16, after "collect" insert: "to  
                    the extent available"

               d)        Page 7, line 21, after "specialty", insert:  
                    "including, but not limited to data on race,  
                    ethnicity and languages spoken"

               e)        Page 7, line 26, after "distribution",  
                    insert: "including, but not limited to the number  
                    of educational slots, number of enrollments,  
                    attrition rate, and wait time to enter the  
                    program of study."

           2)   OSHPD  .  The provisions of the bill directing OSHPD to  
               collect and report specified health professions data  
               was initially a part of SB 1309 of last session.  This  
               provision was deleted from the bill in the Assembly  
               Appropriations Committee due to its General Fund cost.  
                At the suggestion of OSHPD, this provision has been  
               re-introduced as part of this bill and the cost has  
               been transferred to OSHPD's data fund.

          3)   SNAPLE-SF clarification needed  .  Information from the  
               author's office indicates that the provision of this  
               bill precluding RNs who are currently employed in a  
               24-hour state facility from participating in the  
               SNAPLE-SF loan assumption program is consistent with  
               the author's intent when this program was established  
               last year.  As drafted, however, this bill appears to  
               also preclude these RNs from participating in SNAPLE  
               for college faculty program.  Staff recommends that  
               the bill be amended to clarify that RNs employed at  
               24-hour state facilities are eligible to participate  
               in the SNAPLE college faculty program but not the  
               SNAPLE-SF program.

          In addition, it is staff's understanding that the SNAPLE  
               college faculty program, which provides loan  
               assumption benefits to RNs who become college nursing  
               faculty, is currently available only to students who  
               are seeking an advanced degree in nursing but not to  
               RNs who already have such a degree.  Staff recommends  
               that amendments be adopted to clarify that RNs who  
               already have an advanced degree, but are not college  
               faculty, are also eligible to participate in this  
               program.  Consistent with the author's intent, this  




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               will expand the pool of potential faculty candidates  
               and expedite the overall goals of the program.   
               Current law authorizes 100 warrants for this program.  
               It is staff's understanding that none of them have yet  
               been issued.

           4)   Change from intent to statutory  .  This bill includes  
               intent language regarding eliminating any requirement  
               for students who already have a bachelor's degree and  
               enroll in a registered nursing program from having to  
               complete any general education course requirements  
               that is not part of the content required for their  
               nursing degree.  This would save time and money for  
               both the student and the state.  Information from the  
               author's office indicates that it would make more  
               sense for this provision to be drafted as direct  
               statute rather than intent.  Staff recommends that the  
               bill be so amended.

           5)   Clean-Up and Other Proposed Amendments  .  Information  
               from a variety of California Community College (CCC)  
               nursing directors, staff at the Chancellor's Office  
               and the author's office indicates that several  
               provisions of the recently enacted SB 1309 need  
               clarification and/or addressing.  Accordingly, staff  
               recommends that the following amendments be adopted: 

               a)        EC 78261 (a) (2): Replace "validated" with  
                    recognize and "certification" with "licensure".

               b)        EC 78261 (d): Delete "and the Chancellor of  
                    the California Community Colleges"

               c)        EC 78261: Add a subsection to indicate that  
                    up to 3 percent of these funds may be used for  
                    statewide administration, program development,  
                    program evaluation and program accountability.

               d)        EC 78261 (e): Delete "Prior" and insert:  
                    "Notwithstanding section 78213 or any other  
                    provision of law, prior"

               e)        EC 78261 Clarify that the diagnostic  
                    assessment tools are those that are commonly used  
                    by RN programs, approved by the Chancellor, and  
                    are available to all CCC nursing programs, as  




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                    specified.

               f)        EC 78261 Clarify that after using the  
                    diagnostic assessment tools if the number of  
                    applicants exceeds an RN program's capacity, the  
                    CCC governing board is authorized, subject to  
                    specified limitation, to authorize the use of  
                    additional objective multi-criteria screening  
                    measures, as specified.

               g)        EC 87482:  Clarify that clinical nursing  
                    faculty who are authorized to be employed for up  
                    to four semesters rather than two semesters  
                    refers to any full-time or part-time clinical  
                    nursing faculty teaching 60% time or more.  
                
           6)   Criminal Background Check for CCC Nursing Students  .   
               Nursing students must obtain a criminal background  
               clearance in order to begin the clinical portion of  
               their nursing studies (this is where they work  
               directly in a hospital setting). Because of this  
               requirement, nursing programs typically require that  
               this clearance be obtained at the time of initial  
               enrollment.  Concern has been raised that it may not  
               be clear under existing law that nursing programs may  
               require this clearance.  Staff recommends that the  
               bill be amended to make this authority clear. 

           SUPPORT  

          American Nurses Association of California
          California Hospital Association
          California Nurses Association
          Latino Coalition for a Healthy California 

           OPPOSITION  

          None received.