BILL ANALYSIS                                                                                                                                                                                                    



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          Date of Hearing:   June 26, 2007

                            ASSEMBLY COMMITTEE ON HEALTH
                                Mervyn Dymally, Chair
                      SB 139 (Scott) - As Amended:  May 2, 2007

           SENATE VOTE  :   34-2
           
          SUBJECT  :   Nursing education.

           SUMMARY :  Establishes the Health Care Workforce Clearinghouse  
          (clearinghouse) within the Office of Statewide Health Planning  
          and Development (OSHPD) to serve as the central source of health  
          care workforce and educational data in the state.  Makes other  
          changes relating to nursing education.  Specifically,  this bill  :  
            

          1)Requires the clearinghouse to be responsible for the  
            collection, analysis, and distribution of information on the  
            educational and employment trends for health care occupations  
            in the state.  Requires the activities of the clearinghouse to  
            be funded by appropriations made from the California Health  
            Data and Planning Fund (Fund), as specified.

          2)Requires OSHPD to work with the Employment Development  
            Department's (EDD) Labor Market Division, state licensing  
            boards, and state higher education entities to collect, to the  
            extent available data regarding the current supply,  
            geographical distribution, and diversity of health  care  
            workers (including data on race, ethnicity and language  
            spoken), the current and forecasted demand for health care  
            workers, and the educational capacity to produce trained,  
            certified, and licensed health care workers, as specified.

          3)Requires OSHPD to prepare an annual report to the Legislature  
            that identifies education and employment trends in the health  
            care profession, 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, and recommends state policy needed to  
            address issues of workforce shortage and distribution. 

          4)States that it is the intent of the Legislature that colleges  
            and universities that operate registered nursing (RN) programs  
            should not require students who have already earned a  








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            baccalaureate degree, to complete general education  
            requirements, but rather should require these students to  
            complete only the coursework necessary to prepare them for  
            licensing as RNs.

          5)Prohibits a campus of the California State University (CSU) or  
            the California Community Colleges (CCC) that operates an RN  
            program from requiring a student who has been admitted to an  
            RN program and who has already earned a baccalaureate degree  
            from an accredited institution to complete general education  
            requirements, and instead requires that student to complete  
            only the coursework that is necessary to prepare him or her  
            for licensing as an RN.

          6)Allows any college, university or other entity that operates  
            an accredited RN program to require any prospective student to  
            provide criminal clearance, as specified, prior to enrollment.
          7)Allows a person who is currently employed as an RN in a  
            state-operated 24-hour facility to be eligible to enter into  
            an agreement for loan assumption under the State Nursing  
            Assumption Program of Loans for Education Nursing Faculty  
            (SNAPLE Nursing Faculty) but not for SNAPLE State Facilities  
            program (SNAPLE-SF).                    

          8)Clarifies that if a natural disaster prevents a participant  
            from completing a year of work required under SNAPLE-SF, the  
            loan assumption agreement is extended for the amount of time  
            equal to the period between the interruption of employment in  
            a state facility to the resumption of employment.  Prohibits  
            the Student Aid Commission from making further payments under  
            the loan assumption agreement until specified employment  
            requirements have been satisfied.

          9)Limits to 3% the amount to be used for statewide  
            administration, program development, program evaluation, and  
            program accountability under the Nursing Enrollment Growth and  
            Retention Program (NEGRP).

          10)Allows any community college district, regardless of whether  
            it participates in the NEGRP to use any diagnostic assessment  
            tool that is commonly used in RN programs.  Authorizes a  
            community college district to use additional multicriteria  
            screening measures if after using an approved assessment tool,  
            a community college district determines that the number of  
            applicants to its RN program exceeds its capacity.








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          11) States that funding for the nursing enrollment expansion  
            programs be funded within the general enrollment growth  
            funding that is traditionally provided to the CSU during the  
            annual state budget process.

          12)Makes other minor, technical and clarifying changes.

           EXISTING LAW  :

          1)Establishes OSHPD to administer functions of health planning  
            and research development for the state.  Requires OSHPD to  
            maintain a Health Professions Career Opportunity Program to  
            increase the number of ethnic minorities in health  
            professional training and increase the number of minority  
            health professionals practicing in health manpower shortage  
            areas. 

          2)Establishes the Fund within OSHPD for the purpose of receiving  
            and expending revenues collected by fees imposed by OSHPD on  
            specified health facilities based on a percentage of their  
            gross operating costs, as specified.  Limits use of the Fund  
            to pay for the functions required to be performed by OSHPD  
            for, among other things, data collection and health planning  
            purposes.

          3)Establishes the SNAPLE program, administered by the California  
            Student Aid Commission (CSAC).  Provides loan assumption for a  
            person that completes their graduate education and serve as  
            nursing faculty in an RN program at an accredited California  
            college or university (SNAPLE Nursing Faculty).  Provides loan  
            assumption for any person who agrees to work full time as a  
            registered nurse in a state-operated 24-hour facility that  
            employs registered nurses, upon becoming employed, as  
            specified (SNAPLE-SF).  Establishes separate criteria for  
            program participants under SNAPLE Nursing Faculty and  
            SNAPLE-SF.

          4)Establishes the NEGRP in the Chancellor's Office of the CCC to  
            provide grants to community college associate degree of  
            nursing programs that meet specified conditions.


           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          analysis:   








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                            Fiscal Impact (in thousands)
                                          
           Major Provisions      2007-08         2008-09       2009-10     Fund
           Health workforce    $2,200 startup and    $1,500 ongoing  
          costSpecial
          database

          SNAPLE increased    Minor, unknown cost pressure        General
          eligibility

          SNAPLE-SF reduced   Minor, unknown savings              General
          eligibility 

          UC/CSU reduced      Minor, unknown savings              General
          general education
          coursework

          CSU absorbed        $4,300 annually                     General
          nursing FTE growth  

           COMMENTS  :   

           1)PURPOSE OF THIS BILL .  According to the author, this bill is a  
            follow-up and clean-up to SB 1309 (Scott), Chapter 837,  
            Statutes of 2006.  The author indicates that SB 1309 was  
            comprehensive legislation designed to address the shortage of  
            RNs in California.

           2)SB 1309  .  SB 1309 enacted an array of initiatives and  
            established new programs to address the nursing shortage in  
            California, including an expansion of existing loan assumption  
            benefits, a new loan assumption program under SNAPLE,  
            employees of state facilities, a new program of grants to  
            attract and retain CCC nursing  instructors, a new program for  
            enrollment growth and retention of CCC nursing students, a new  
            regional system for matching students and clinical placements,  
            exemptions from existing CCC employment laws, and new nursing  
            enrollment targets for the CSU and the University of  
            California (UC).

           3)INFORMATIONAL HEARING  :   On May 15, 2007 the Assembly Health  
            Committee held an informational hearing titled, "Developing  
            the California Health Care Workforce of Tomorrow:  Addressing  
            Shortages and Diversity."  The hearing provided a review of   








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            demographic information and projections, health profession  
            education programs, state government programs, and various  
            initiatives.  Of all states, California has the largest and  
            most diverse population and is facing a dramatic and pressing  
            challenge related to the supply and distribution of health  
            care professionals in many disciplines.  A report prepared by  
            the University of California, titled  A Compelling Case for  
            Growth  projects that that California will face a shortage of  
            nearly 17,000 doctors by 2015.  Among the recommendations from  
            this hearing included the need for analysis, forecasting, and  
            reporting of workforce data.
           4)CALIFORNIA NURSING SHORTAGE  .  California is experiencing a  
            severe nursing shortage, as is the case nationwide.  According  
            to EDD, California has an annual shortage of 9,900 RNs and  
            this number is expected to increase over the next five to ten  
            years.  The Health Resources and Services Administration's  
            National Center for Health Workforce Analysis projects that  
            California will need an estimated 47,600 RNs by 2010, and  
            116,600 by 2020.  Several factors contribute to the nursing  
            shortage, including an aging and growing population, retiring  
            RNs, lack of educational capacity in nursing programs, and  
            lack of qualified nursing instructors.

           5)CALIFORNIA NURSING PROGRAMS  .  Approximately 70% of RNs are  
            prepared at the community college level in California through  
            Associate Degree in Nursing programs.  These two-year programs  
            generally require one to two semesters of prerequisites prior  
            to admission.  Approximately 26% of RNs receive their  
            preparation as part of a four-year Bachelor of Science in  
            Nursing program and about 4% are prepared through Entry-Levels  
            Master's (ELM) programs.  ELM programs are designed for  
            individuals who already have a bachelor's degree in a subject  
            other than nursing.  These students received their RN in about  
            18 months and a Master's Degree in Nursing in another 18  
            months.  According to the 2006 Annual Report of the California  
            Nurse Education Initiative, California currently graduates  
            approximately 6,000 nursing students a year.  However, the  
            Board of Registered Nursing reports that nearly 60% of  
            qualified applicants are turned away from nursing programs  
            each year due to barriers such as a lack of clinical education  
            sites, limited classroom space, and a lack of qualified  
            faculty.

           6)HEALTHCARE Workforce shortages  .  There have been ongoing  
            efforts among advocates and policymakers to increase the  








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            number of providers who are able to meet the health care needs  
            of patients in California.  One area in particular is related  
            to the racial and ethnic diversity of the state's workforce.   
            For example, by the year 2020, it is estimated that  
            California's population will grow to nearly 49 million, more  
            than half of which will be non-white.  While African  
            Americans, Latinos, and Native Americans as a group constitute  
            nearly 25% of the U.S. population, these three groups account  
            for less than 9% of nurses, 6% of physicians, and 5% of  
            dentists.  Non-white individuals make up less than 10% of  
            baccalaureate nursing faculty, 8.6% of dental school faculty,  
            and only 4.2% of medical school faculty.  A number of studies  
            have shown a strong correlation between greater diversity  
            among health professionals and enhanced access to care for  
            racial and ethnic minority patients, expanded patient choice  
            and satisfaction, better patient-provider communication, and  
            better educational experiences for all students in the medical  
            school setting.   In the Nation's Compelling Interest  , a 2003  
            publication by the Institute of Medicine, states that racial  
            and ethnic minority health care professionals are  
            significantly more likely than their white peers to serve  
            minority and medically underserved communities, thereby  
            helping to improve problems of access to care for populations  
            of color.  

           7)Related legislation  .  SB 764 (Migden) would require the OSHPD  
            to report five year projections on the primary care physician  
            workforce in the state to the Legislature by June 1, 2009.  SB  
            764 passed the Assembly Health Committee, and is pending in  
            the Assembly Appropriations Committee.

           8)PREVIOUS LEGISLATION  .
             a)   SB 63 (Committee on Budget and Fiscal Review) Chapter  
               73, Statues of 2005, establishes the SNAPLE program, which  
               was modeled after the existing teacher Assumption Program  
               of Loans for Education program, to encourage individuals to  
               complete their graduate education and serve as nursing  
               faculty at an accredited California college or university.
             b)   AB 1241 (Parra), Chapter 396, Statutes of 2003, requires  
               OSHPD to establish an Associate Degree Nursing Scholarship  
               Pilot Program, funded from the Health Professions Education  
               Foundation, to provide scholarships to associate degree  
               nursing students in counties determined to have high need.
             c)   AB 652 (Horton) Chapter 459, Statutes of 2001,  
               establishes the Health Professions Education and Outreach  








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               for Medically Underserved Communities and Populations Act.  
               Appropriates $2 million from the state General Fund to UC  
               for outreach programs designed to increase the number of  
               underrepresented and/or disadvantaged students in UC health  
               professional schools. 
             d)   SB 664 (Poochigian) Chapter 443, Statutes of 2001,  
               requires the California Postsecondary Education Commission  
               to study community college districts' admissions procedures  
               and attrition rates for two-year associate degree nursing  
               programs. 
             e)   AB 394 (Kuehl) Chapter 945, Statutes of 1999, requires  
               the Department of Health Services to adopt regulations that  
               establish licensed nurse-to-patient ratios for all health  
               facilities, as specified, and limits the nursing-related  
               duties performed by unlicensed assistive personnel.  
             f)   AB 655 (Scott) Chapter 954, Statutes of 1999, requires a  
               multi-system study of the need for trained nurses in  
               California.  

           9)SUPPORT  .  Supporters such as the California Hospital  
            Association (CHA) write that, while there has been increasing  
            attention and funds devoted to enhancing the nurse workforce,  
            California continues to rank last in the nation in the number  
            of RNs per capita.  CHA contends that this bill addresses  
            enrollment expansion at CSUs for nursing degrees and the  
            funding for these programs.   CHA also writes that this bill  
            creates a much needed clearinghouse that would establish a  
            central source of health care workforce and educational  
            pipeline data on which to base future funding for nursing and  
            health care occupations.  The Latino Coalition for a Healthy  
            California writes that California is at a crossroad where  
            demographic shifts are already causing gaps between workforce  
            supply and demand and states that this bill will provide a  
            fuller picture of the state's health profession capacity so  
            that policymakers will have the data needed to make informed   
            decisions.

           10)DOUBLE-REFERRAL  .  Should this bill pass out of this  
            committee, it will be referred to the Assembly Higher  
            Education Committee.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           American Nurses Association of California








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          California Academy of Family Physicians
          California Hospital Association
          California Nurses Association
          Latino Coalition for a Healthy California
          San Jose Evergreen and Rio Hondo Community College Districts

           Opposition  
          None on file.             Analysis Prepared by  :    Rosielyn  
          Pulmano / HEALTH / (916) 319-2097