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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARKINS, READSHAW, B. BOYLE, SCAVELLO, BOBACK, BUXTON, CALTAGIRONE, CREIGHTON, DeLUCA, DERMODY, GEIST, GIBBONS, HORNAMAN, JOHNSON, JOSEPHS, KOTIK, LONGIETTI, MUNDY, PETRI, PYLE, M. O'BRIEN, MANN, K. SMITH, WAGNER, WHITE, YOUNGBLOOD AND KULA, JANUARY 19, 2011 |
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| REFERRED TO COMMITTEE ON EDUCATION, JANUARY 19, 2011 |
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| AN ACT |
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1 | Establishing a nursing scholarship program; and providing for |
2 | the powers and duties of the Pennsylvania Higher Education |
3 | Assistance Agency. |
4 | TABLE OF CONTENTS |
5 | Chapter 1. Preliminary Provisions |
6 | Section 101. Short title. |
7 | Section 102. Purpose. |
8 | Section 103. Definitions. |
9 | Chapter 3. Administration |
10 | Section 301. Pennsylvania Nurse Scholarship Program. |
11 | Section 302. Nursing Baccalaureate Degree Scholarship. |
12 | Section 303. Nursing Program Scholarship. |
13 | Section 304. Administration. |
14 | Chapter 5. Miscellaneous Provisions |
15 | Section 501. Annual report. |
16 | Section 502. Minimum nursing data set. |
17 | Section 503. Appeals. |
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1 | Section 504. Regulations. |
2 | Section 505. Funding. |
3 | Section 506. Effective date. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | CHAPTER 1 |
7 | PRELIMINARY PROVISIONS |
8 | Section 101. Short title. |
9 | This act shall be known and may be cited as the Nursing |
10 | Scholarship Act. |
11 | Section 102. Purpose. |
12 | The purpose of this act is to provide an incentive to |
13 | Pennsylvania students to pursue higher education and training in |
14 | nursing which is essential to the delivery of quality health |
15 | care services in this Commonwealth. |
16 | Section 103. Definitions. |
17 | The following words and phrases when used in this act shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Agency." The Pennsylvania Higher Education Assistance |
21 | Agency. |
22 | "Approved course of study." A program or curriculum offered |
23 | by a postsecondary educational institution that provides |
24 | instruction in nursing and has been approved by the State Board |
25 | of Nursing. |
26 | "Approved educational institution." A postsecondary |
27 | educational institution located in this Commonwealth that is |
28 | authorized to provide approved courses of study and diplomas or |
29 | certificates approved by the Pennsylvania Higher Education |
30 | Assistance Agency as an institution in which students may enroll |
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1 | to participate in the Pennsylvania Nurse Scholarship Program. |
2 | "Board." The State Board of Nursing. |
3 | "Licensed health care facility." A health care facility that |
4 | is enrolled in the Commonwealth's medical assistance program and |
5 | is licensed under the act of July 19, 1979 (P.L.130, No.48), |
6 | known as the Health Care Facilities Act, or Article X of the act |
7 | of June 13, 1967 (P.L.31, No.21), known as the Public Welfare |
8 | Code. |
9 | "Licensed practical nurse." An individual licensed under the |
10 | laws of this Commonwealth to practice practical nursing. |
11 | "Nurse." A licensed practical or registered nurse. |
12 | "Registered nurse." An individual licensed under the laws of |
13 | this Commonwealth to practice professional nursing. |
14 | "Student." An individual domiciled in this Commonwealth who |
15 | attends or is about to attend a postsecondary educational |
16 | institution located in this Commonwealth. |
17 | "Work requirement." Postgraduate, full-time employment in |
18 | direct patient care with a licensed health care facility located |
19 | in this Commonwealth in an occupation related to an approved |
20 | course of study under this act. The term does not include a paid |
21 | student internship, a paid fellowship, volunteer service or |
22 | employment before graduation. |
23 | CHAPTER 3 |
24 | ADMINISTRATION |
25 | Section 301. Pennsylvania Nurse Scholarship Program. |
26 | (a) Establishment.--There is established the Pennsylvania |
27 | Nurse Scholarship Program within the agency, to consist of the |
28 | Nursing Baccalaureate Degree Scholarship and the Nursing Program |
29 | Scholarship. |
30 | (b) Issuance of grants.--The agency may provide scholarship |
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1 | grants to an eligible student upon confirmation from an approved |
2 | educational institution that the student is enrolled in an |
3 | approved course of study. Scholarship grants shall only be for |
4 | the amount set forth in sections 302(a) and 303(a) and shall |
5 | only be used for educational costs as determined by the agency. |
6 | (c) Other funding.--Prior to making a grant under this act, |
7 | the agency shall first apply Federal Pell Grant and State grants |
8 | available for educational costs related to an undergraduate |
9 | program prior to determining the amount of the scholarship |
10 | grant. |
11 | (d) Eligibility.--To receive a scholarship grant under this |
12 | chapter, a student shall meet all of the following requirements: |
13 | (1) Graduation from a high school in this Commonwealth, |
14 | or earned general educational development (GED) diploma or |
15 | the equivalent thereof. |
16 | (2) Maintenance of domicile in Pennsylvania during the |
17 | term of the scholarship grants. |
18 | (3) Compliance with any conditions placed on the |
19 | scholarship grant by the agency. |
20 | (4) Maintenance of satisfactory progress as established |
21 | by the approved educational institution's written policies. |
22 | (5) Entrance into a written agreement with the agency |
23 | to: |
24 | (i) Complete an approved course of study. |
25 | (ii) Commence employment involving direct patient |
26 | care with a licensed health care facility in this |
27 | Commonwealth within one year after completion of an |
28 | approved course of study for a period of one year for |
29 | each academic year the student received a scholarship |
30 | grant under this chapter unless the agency determines |
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1 | that there are extenuating circumstances. |
2 | (iii) Reimburse the Commonwealth all amounts |
3 | received under this chapter and interest thereon, as |
4 | determined by the agency, if the student fails to comply |
5 | with subparagraphs (i) and (ii). |
6 | (e) Application.--A student shall apply to the agency for a |
7 | scholarship grant as prescribed by the agency, to include the |
8 | provision of all information and documentation required by the |
9 | agency. The application of a student under 18 years of age shall |
10 | include the signature of a parent or guardian. |
11 | (f) Work requirement.--The work requirement under subsection |
12 | (d)(5)(ii) shall begin after completion of the approved course |
13 | of study. |
14 | (g) Termination.--If a student terminates enrollment in the |
15 | approved educational institution during the academic year or |
16 | prior to completion of the approved course of study, the |
17 | approved educational institution shall notify the agency in |
18 | writing and shall return all unused portions of the scholarship |
19 | grant. Returned amounts shall be used to fund other scholarship |
20 | grants under this chapter. |
21 | (h) Transfer.--A scholarship under this chapter is only |
22 | transferrable to another educational institution if approved by |
23 | the agency. |
24 | (i) Limitation.--Grants awarded under the Pennsylvania Nurse |
25 | Scholarship Program shall be limited to funds appropriated for |
26 | that purpose. First priority for awarding grants shall be given |
27 | to renewal applicants. Thereafter, grants shall be awarded on a |
28 | first-come, first-served basis. |
29 | (j) Minors.--A person under 18 years of age who otherwise |
30 | qualifies for scholarship grants under this section shall not be |
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1 | disqualified based upon age. |
2 | (k) Ineligibility.--The agency may deny a scholarship grant |
3 | to a student who is convicted under section 8.2 of the act of |
4 | January 25, 1966 (1965 P.L.1546, No.541), referred to as the |
5 | Higher Education Scholarship Law. |
6 | (l) Fraud.--Any person who knowingly or intentionally |
7 | procures, obtains or aids another to procure or obtain a grant |
8 | under this chapter through fraudulent means shall be |
9 | disqualified from participation in the Pennsylvania Nurse |
10 | Scholarship Program and shall be liable to the agency for an |
11 | amount equal to three times the amount obtained. |
12 | Section 302. Nursing Baccalaureate Degree Scholarship. |
13 | (a) Amount of grants.--The agency shall award a Nursing |
14 | Baccalaureate Degree Scholarship in the amount of $3,000 per |
15 | academic year, or a lesser amount following application of |
16 | Federal and State grants under section 301(c) to a student |
17 | enrolled full time in an approved educational institution |
18 | pursuing a bachelor's degree in nursing. The student shall take |
19 | at least 12 semester hours, or its equivalent, in an approved |
20 | course of study. |
21 | (b) Term of grant.--The grant shall be for a maximum of four |
22 | academic years. |
23 | Section 303. Nursing Program Scholarship. |
24 | (a) Amount of grants.--The agency shall award a Nursing |
25 | Program Scholarship in the amount of $1,500 per academic year or |
26 | a lesser amount following application of Federal or State grants |
27 | under section 301(c) to a student enrolled full time in an |
28 | approved educational institution pursuing an associate's degree, |
29 | diploma or certificate. A student who is enrolled part time and |
30 | is pursuing an associate's degree, diploma or certificate is |
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1 | eligible for a grant of 50% of educational costs as determined |
2 | by the agency. |
3 | (b) Term of grant.--The grant shall be for a maximum of two |
4 | academic years or for up to three academic years if the student |
5 | is enrolled in an approved course of study that, according to |
6 | the board, requires three academic years to complete. In order |
7 | to qualify for a grant in a third academic year, the student |
8 | must be in compliance with section 301(d) and the institution |
9 | must determine that the student is making satisfactory progress |
10 | toward completing an associate's degree or the requirements of |
11 | the diploma or certificate program. |
12 | Section 304. Administration. |
13 | (a) Verification.--The agency shall monitor and verify a |
14 | student's fulfillment of all work requirements under this |
15 | chapter. |
16 | (b) Enforcement.--The agency shall enforce repayment of all |
17 | scholarship grants for a student who does not comply with the |
18 | provisions of this chapter, to include use of all lawful |
19 | collection procedures and the use of private collection |
20 | agencies. |
21 | (c) Tax.--Scholarship grants received by a student under |
22 | this chapter shall not be considered taxable income for purposes |
23 | of Article III of the act of March 4, 1971 (P.L.6, No.2), known |
24 | as the Tax Reform Code of 1971. |
25 | (d) Financial assistance.--Scholarship grants received by a |
26 | student under this chapter shall not be considered financial |
27 | assistance or appropriations to the approved educational |
28 | institution. |
29 | (e) Customized job training.--No funds under this chapter |
30 | shall be granted to a person enrolled in a customized job |
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1 | training partnership program or continuing education course from |
2 | a postsecondary educational institution for which an employer is |
3 | providing over 50% of the financial support, directly or |
4 | indirectly, and for which the student is not being charged |
5 | tuition or fees. |
6 | CHAPTER 5 |
7 | MISCELLANEOUS PROVISIONS |
8 | Section 501. Annual report. |
9 | (a) Development of report.--The agency shall publish a |
10 | report by September 1, 2011, and every year thereafter for the |
11 | immediately preceding fiscal year. The report shall include |
12 | information regarding the operation of the programs established |
13 | under this act, including: |
14 | (1) The number of applications received for the Nursing |
15 | Baccalaureate Degree Scholarship and the Nursing Program |
16 | Scholarship. |
17 | (2) The number, type and amount of Nursing Baccalaureate |
18 | Degree Scholarships and Nursing Program Scholarships awarded. |
19 | (3) The number of scholarship grantees who withdraw from |
20 | the scholarship programs, reported by cause. |
21 | (4) The number of full-time and part-time students |
22 | receiving scholarships, reported by type of institution |
23 | attending, including four-year educational institutions, |
24 | community colleges, independent two-year colleges, private |
25 | licensed schools, hospital-based courses of study and |
26 | certificate programs. |
27 | (5) The number and type of enforcement actions taken by |
28 | the agency. |
29 | (b) Submission.--The annual report shall be submitted to the |
30 | Governor, the chairman and minority chairman of the |
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1 | Appropriations Committee of the Senate, the chairman and |
2 | minority chairman of the Appropriations Committee of the House |
3 | of Representatives, the chairman and minority chairman of the |
4 | Education Committee of the Senate, the chairman and minority |
5 | chairman of the Public Health and Welfare Committee of the |
6 | Senate and the chairman and minority chairman of the Health and |
7 | Human Services Committee of the House of Representatives. |
8 | Section 502. Minimum nursing data set. |
9 | (a) Duty of State Board of Nursing.--The State Board of |
10 | Nursing shall collect, store and make available nursing work |
11 | force information regarding all of the categories of nurses. |
12 | (b) Information.--The information to be collected as part of |
13 | the routine licensure renewal process on nurses shall include, |
14 | but not be limited to: |
15 | (1) Demographics, including: |
16 | (i) Year of birth. |
17 | (ii) Ethnicity: Hispanic/Latino; Native Americans; |
18 | Alaska Native; Asian; Pacific Islander; African American, |
19 | not of Hispanic origin; White, not of Hispanic origin. |
20 | (iii) Zip code of residence. |
21 | (2) Basic education, including: |
22 | (i) Program type: LPN, hospital-based, ADN, BSN and |
23 | MS. |
24 | (ii) Year graduated. |
25 | (iii) State in which basic program is located. |
26 | (3) Highest education attained, including: |
27 | (i) Program type: LPH, hospital-based, AA/AND, |
28 | BS/BSN, MS/MSN and PhD/EdD. |
29 | (ii) Year graduated. |
30 | (iii) Preparation as advanced nurse practitioner, |
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1 | nurse practitioner, nurse-midwife, clinical nurse |
2 | specialist and nurse anesthetist. |
3 | (4) Employment, including: |
4 | (i) Current employment. |
5 | (ii) Number of hours worked in typical week. |
6 | (iii) Setting of primary employer: hospital, long- |
7 | term care, ambulatory care, physician office, public |
8 | health, home health care or other. |
9 | (iv) Setting of secondary employer: hospital, long- |
10 | term care, ambulatory care, physician office, public |
11 | health care, home health care or other. |
12 | (v) Type of position: staff nurse, educator, |
13 | management, utilization/case management, advanced |
14 | practice or other. |
15 | (vi) Zip code of primary employer. |
16 | (vii) Currently unemployed in nursing: student; |
17 | seeking nursing employment; seeking employment in other |
18 | health-related field; seeking employment in other field; |
19 | employed in other health-related field; employed in other |
20 | field; not seeking nursing employment; not seeking |
21 | employment or retired. |
22 | (viii) Intention to remain employed in nursing, one |
23 | to three years; three to five years; five to ten years or |
24 | greater than ten years. |
25 | (5) Licensure, including: |
26 | (i) State issuing first license. |
27 | (ii) Year first license issued. |
28 | (iii) States where current licensure is held. |
29 | (iv) Name under which license issued or number of |
30 | license for each state in which nurse is licensed. |
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1 | (c) Duty of Department of Labor and Industry.--The |
2 | Department of Labor and Industry shall, through its Center for |
3 | Workforce Information and Analysis, regularly analyze and |
4 | publish the information collected by the board in combination |
5 | with information obtained from employers to better understand |
6 | the supply and demand for nurses in this Commonwealth and to |
7 | assist in work force planning and development. |
8 | Section 503. Appeals. |
9 | The provisions of this act shall be subject to 22 Pa. Code |
10 | Ch. 121 (relating to student financial aid). |
11 | Section 504. Regulations. |
12 | The agency shall adopt regulations and procedures necessary |
13 | to carry out the purposes of this act. |
14 | Section 505. Funding. |
15 | Scholarship awards shall be made to the extent that funds are |
16 | appropriated by the General Assembly for this act. |
17 | Section 506. Effective date. |
18 | This act shall take effect in 90 days. |
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