By: Nelson S.B. No. 790 A BILL TO BE ENTITLED AN ACT relating to clinical practice hours available for professional nursing educational programs at certain hospitals. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 105, Health and Safety Code, is amended by adding Section 105.0021 to read as follows: Sec. 105.0021. CLINICAL PRACTICE HOURS DATABASE; REPORTING REQUIREMENTS. (a) In this section: (1) "Hospital" has the meaning assigned by Section 108.002. (2) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (3) "Reporting year" means a period beginning August 1 and ending on the succeeding July 31. (b) The council shall establish and maintain a database of clinical practice hours, disaggregated by hospital location, that are available at hospitals for professional nursing educational programs regulated by the Texas Board of Nursing that are offered at institutions of higher education in this state. The council shall administer the database through the nursing resource section of the health professions resource center created under Section 105.002. (c) Not later than August 1 of each year, each hospital shall report to the nursing resource section: (1) the projected number of clinical practice hours that will be available to professional nursing educational programs at institutions of higher education in this state at the hospital during the reporting year that begins on that August 1; (2) the actual number of clinical practice hours that were available to professional nursing educational programs at the hospital during the preceding reporting year; and (3) the actual number of clinical practice hours used by professional nursing educational programs at the hospital, by institution of higher education, during the preceding reporting year. (d) The nursing resource section may collect the data required under Subsection (c) in the same manner and at the same time other state-mandated data is collected. (e) The council may exempt from the reporting requirement in Subsection (c) a hospital that is unable to provide clinical practice hours to professional nursing educational programs. (f) The nursing resource section, using the most efficient means available, shall report to professional nursing educational programs the following information disaggregated by hospital location: (1) the actual number of clinical practice hours available during the preceding reporting year; (2) the actual number of unused clinical practice hours during the preceding reporting year; (3) the projected number of clinical practice hours available for the following reporting year; (4) the written comments submitted by each hospital under Subsection (g); and (5) a comparison of the variation between projected and available clinical practice hours for the preceding reporting year and any issues impacting the numbers of hours. (g) When submitting clinical practice hours data to the nursing resource section, a hospital may include in the hospital's report concise written comments in the form prescribed by the section regarding any issue impacting the number of hours reported. (h) Not later than January 1 of each odd-numbered year, the council shall submit a report to the legislature that: (1) lists the number of unused clinical practice hours for reporting hospitals; (2) identifies specific professional nursing educational programs at institutions of higher education that could be targeted for growth based on geographical proximity to facilities with unused clinical practice hours; (3) includes a summary of the written comments submitted by a hospital under Subsection (g); and (4) provides an analysis of the variation between projected and available clinical practice hours in preceding reporting years and any issues impacting the numbers of hours. (i) The executive commissioner of the Health and Human Services Commission may adopt rules as necessary to administer this section. SECTION 2. Notwithstanding Section 105.0021, Health and Safety Code, as added by this Act: (1) a hospital shall submit the initial report required under Subsection (c), Section 105.0021, Health and Safety Code, as added by this Act, not later than August 1, 2010; (2) the nursing resource section of the health professions resource center shall report: (A) the information required under Subdivisions (1) through (4), Subsection (f), Section 105.0021, Health and Safety Code, as added by this Act, not later than November 1, 2010; and (B) the information required under Subdivision (5), Subsection (f), Section 105.0021, Health and Safety Code, as added by this Act, not later than November 1, 2011; and (3) the statewide health coordinating council shall submit the initial report required under Subdivision (4), Subsection (h), Section 105.0021, Health and Safety Code, as added by this Act, not later than January 1, 2013. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.