1.This Act may be cited as
the Nurse Training and Retention Act
of 2009
.
2.Congress makes the following
findings:
(1)America’s
healthcare system depends on an adequate supply of trained nurses to deliver
quality patient care.
(2)Over the next 15
years, this shortage is expected to grow significantly. The Health Resources
and Services Administration has projected that by 2020, there will be a
shortage of nurses in every State and that overall only 64 percent of the
demand for nurses will be satisfied, with a shortage of 1,016,900 nurses
nationally.
(3)To avert such a
shortage, today’s network of healthcare workers should have access to education
and support from their employers to participate in educational and training
opportunities.
(4)With the
appropriate education and support, incumbent healthcare workers and incumbent
bedside nurses are untapped sources which can meet these needs and address the
nursing shortage and provide quality care as the American population
ages.
3.Establishment of
grant program
(a)It
is the purpose of this section to authorize grants to—
(1)address the
projected shortage of nurses by funding comprehensive programs to create a
career ladder to nursing (including Certified Nurse Assistants, Licensed
Practical Nurses, Licensed Vocational Nurses, and Registered Nurses) for
incumbent ancillary healthcare workers;
(2)increase the
capacity for educating nurses by increasing both nurse faculty and clinical
opportunities through collaborative programs between staff nurse organizations,
healthcare providers, and accredited schools of nursing; and
(3)provide training
programs through education and training organizations jointly administered by
healthcare providers and healthcare labor organizations or other organizations
representing staff nurses and frontline healthcare workers, working in
collaboration with accredited schools of nursing and academic
institutions.
(b)Not
later than 6 months after the date of enactment of this Act, the Secretary of
Labor (referred to in this section as the Secretary
) shall
establish a partnership grant program to award grants to eligible entities to
carry out comprehensive programs to provide education to nurses and create a
pipeline to nursing for incumbent ancillary healthcare workers who wish to
advance their careers, and to otherwise carry out the purposes of this
section.
(c)To be eligible to receive a grant under this section an
entity shall—
(1)be—
(A)a healthcare
entity that is jointly administered by a healthcare employer and a labor union
representing the healthcare employees of the employer and that carries out
activities using labor management training funds as provided for under section
302 of the Labor-Management Relations Act, 1947 (18 U.S.C. 186(c)(6));
(B)an entity that
operates a training program that is jointly administered by—
(i)one
or more healthcare providers or facilities, or a trade association of
healthcare providers; and
(ii)one or more
organizations which represent the interests of direct care healthcare workers
or staff nurses and in which the direct care healthcare workers or staff nurses
have direct input as to the leadership of the organization; or
(C)a State training
partnership program that consists of non-profit organizations that include
equal participation from industry, including public or private employers, and
labor organizations including joint labor-management training programs, and
which may include representatives from local governments, worker investment
agency one-stop career centers, community based organizations, community
colleges, and accredited schools of nursing; and
(2)submit to the
Secretary an application at such time, in such manner, and containing such
information as the Secretary may require.
(d)Additional
requirements for healthcare employer described in subsection
(c)To be eligible for a grant
under this section, a healthcare employer described in subsection (c) shall
demonstrate—
(1)an established
program within their facility to encourage the retention of existing
nurses;
(2)it provides wages
and benefits to its nurses that are competitive for its market or that have
been collectively bargained with a labor organization; and
(3)support for
programs funded under this section through 1 or more of the following:
(A)The provision of
paid leave time and continued health coverage to incumbent healthcare workers
to allow their participation in nursing career ladder programs, including
Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational
Nurses, and Registered Nurses.
(B)Contributions to
a joint labor-management training fund which administers the program
involved.
(C)The provision of
paid release time, incentive compensation, or continued health coverage to
staff nurses who desire to work full- or part-time in a faculty
position.
(D)The provision of
paid release time for staff nurses to enable them to obtain a Bachelor of
Science in Nursing degree, other advanced nursing degrees, specialty training,
or certification program.
(E)The payment of
tuition assistance which is managed by a joint labor-management training fund
or other jointly administered program.
(e)
(1)
(A)The Secretary may not make a grant under this section
unless the applicant involved agrees, with respect to the costs to be incurred
by the applicant in carrying out the program under the grant, to make available
non-Federal contributions (in cash or in kind under subparagraph (B)) toward
such costs in an amount equal to not less than $1 for each $1 of Federal funds
provided in the grant. Such contributions may be made directly or through
donations from public or private entities, or may be provided through the cash
equivalent of paid release time provided to incumbent worker students.
(B)Determination
of amount of non-federal contributionNon-Federal contributions
required in subparagraph (A) may be in cash or in kind (including paid release
time), fairly evaluated, including equipment or services (and excluding
indirect or overhead costs). Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by the Federal
Government, may not be included in determining the amount of such non-Federal
contributions.
(2)Entities carrying out or overseeing programs
carried out with assistance provided under this section shall demonstrate
collaboration with accredited schools of nursing which may include community
colleges and other academic institutions providing Associate, Bachelor's, or
advanced nursing degree programs or specialty training or certification
programs.
(f)Amounts
awarded to an entity under a grant under this section shall be used for the
following:
(1)To carry out
programs that provide education and training to establish nursing career
ladders to educate incumbent healthcare workers to become nurses (including
Certified Nurse Assistants, Licensed Practical Nurses, Licensed Vocational
Nurses, and Registered Nurses). Such programs shall include one or more of the
following:
(A)Preparing
incumbent workers to return to the classroom through English as a second
language education, GED education, pre-college counseling, college preparation
classes, and support with entry level college classes that are a prerequisite
to nursing.
(B)Providing tuition
assistance with preference for dedicated cohort classes in community colleges,
universities, accredited schools of nursing with supportive services including
tutoring and counseling.
(C)Providing
assistance in preparing for and meeting all nursing licensure tests and
requirements.
(D)Carrying out
orientation and mentorship programs that assist newly graduated nurses in
adjusting to working at the bedside to ensure their retention post graduation,
and ongoing programs to support nurse retention.
(E)Providing
stipends for release time and continued healthcare coverage to enable incumbent
healthcare workers to participate in these programs.
(2)To carry out
programs that assist nurses in obtaining advanced degrees and completing
specialty training or certification programs and to establish incentives for
nurses to assume nurse faculty positions on a part-time or full-time basis.
Such programs shall include one or more of the following:
(A)Increasing the
pool of nurses with advanced degrees who are interested in teaching by funding
programs that enable incumbent nurses to return to school.
(B)Establishing
incentives for advanced degree bedside nurses who wish to teach in nursing
programs so they can obtain a leave from their bedside position to assume a
full- or part-time position as adjunct or full time faculty without the loss of
salary or benefits.
(C)Collaboration
with accredited schools of nursing which may include community colleges and
other academic institutions providing Associate, Bachelor's, or advanced
nursing degree programs, or specialty training or certification programs, for
nurses to carry out innovative nursing programs which meet the needs of bedside
nursing and healthcare providers.
(g)In
awarding grants under this section the Secretary shall give preference to
programs that—
(1)provide for
improving nurse retention;
(2)provide for
improving the diversity of the new nurse graduates to reflect changes in the
demographics of the patient population;
(3)provide for
improving the quality of nursing education to improve patient care and
safety;
(4)have demonstrated
success in upgrading incumbent healthcare workers to become nurses or which
have established effective programs or pilots to increase nurse faculty;
or
(5)are modeled after
or affiliated with such programs described in paragraph (4).
(h)
(1)An entity that receives a grant under this section
shall annually evaluate, and submit to the Secretary a report on, the
activities carried out under the grant and the outcomes of such activities.
Such outcomes may include—
(A)an increased
number of incumbent workers entering an accredited school of nursing and in the
pipeline for nursing programs;
(B)an increasing
number of graduating nurses and improved nurse graduation and licensure
rates;
(C)improved nurse
retention;
(D)an increase in
the number of staff nurses at the healthcare facility involved;
(E)an increase in
the number of nurses with advanced degrees in nursing;
(F)an increase in
the number of nurse faculty;
(G)improved measures
of patient quality (which may include staffing ratios of nurses, patient
satisfaction rates, patient safety measures); and
(H)an increase in
the diversity of new nurse graduates relative to the patient population.
(2)Not later than 2 years after the date of enactment of this
Act, and annually thereafter, the Secretary of Labor shall, using data and
information from the reports received under paragraph (1), submit to Congress a
report concerning the overall effectiveness of the grant program carried out
under this section.
(i)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this section, such sums as may be necessary.