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Legislation Document
SPONSOR:
Rep. Minor-Brown & Sen. Poore
Reps. Chukwuocha, Morrison, Heffernan, Osienski, Berry, Harris, Burns, K. Johnson, Jones Giltner, Neal, Snyder-Hall, Lambert; Sens. Pinkney, Buckson, Hansen, Huxtable, Seigfried, Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 475
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE DELAWARE NURSING ADVANCEMENT FUND.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each house thereof concurring therein):
Section 1. Amend Chapter 19, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 1902. Definitions.
(f) “Division” means the Delaware Division of Professional Regulation.
§ 1908. Delaware Board of Nursing — Meetings; examinations for licensing; nursing education programs; fees.
(d) The amount charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board and the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter.
The application fee shall not be combined with any other fee or charge.
At the beginning of each calendar year, the Division of Professional Regulation, or any other state agency acting on its behalf, shall compute for each separate service or activity the appropriate Board fees for the coming year.
§ 1939. License fee surcharge; use of proceeds; Delaware Nursing Advancement Fund
.
(a) Starting January 1, 2027, in addition to the licensing fee for licensed practical nurses, registered nurses, and advanced practice registered nurses licensed under this chapter, the Division shall impose an additional surcharge of $10 on all initial and renewed licenses issued under this chapter. All receipts for surcharges under this subsection shall be credited to the Delaware Nursing Advancement Fund.
(b) Starting January 1, 2027, all disciplinary fines imposed by the Board under §§ 1922(b)(8) and 1925 of this title shall be credited to the Delaware Nursing Advancement Fund.
(c) The Delaware Nursing Advancement Fund is established as a special budgetary fund of the State. The Delaware Nursing Advancement Fund shall be administered by the Division.
(d) Monies in the fund may be used only to support the issuance of a single annual grant to the Delaware Nurses Workforce Institute or similar nonprofit to conduct the specific activities listed in subsection (f) of this
section, including the reasonable costs associated with and the administration of the annual grant authorized under this section.
No money from the fund may be used by a grant recipient towards administrative costs not associated with the specific activities listed in subsection (f) of this section. No money from this account may be used by the recipient toward lobbying.
(e) Interest earned by the Delaware Nursing Advancement Fund shall be credited to the fund by the Office of the State Treasurer on a monthly basis consistent with the rate established by the Cash Management Policy Board. Moneys in the fund are continuously appropriated to the Division of Professional Regulation to be used as specified in subsection (f) of this section and to compensate the Division for the reasonable costs associated with the administration of the annual grant authorized under this section. The grant will be awarded and distributed on an annual basis in the month of July. The first distribution after awarding the first grant shall be made no later than July 31, 2027.
(f) On an annual basis, the principal amount accrued in the fund shall be awarded to a Delaware nonprofit organization, exempt from taxation under section 501 (c)(3) of the Internal Revenue Code, that does the following:
(1) Maintains information and conducts studies on the current and projected supply and demand of nurses through the analysis of data regarding the nursing workforce, including education level, employment settings, nursing positions, and type of employment.
(2) Facilitates partnerships between the nursing community and other health care providers, licensing authority, business and industry, legislators, and educators to achieve nursing workforce development policy consensus, promote diversity within the profession, and enhance nursing career mobility.
(3) Educates the public, including students in K-12, about opportunities and careers in nursing.
(4) Conducts studies on the nursing workforce in this State, including workforce shortages in nursing education and practice.
(5) Distributes information free of charge about the nursing workforce in this State to residents of this State.
(g) The Division may adopt rules as necessary to implement this section.
(h) Beginning January 1, 2029, and every 2 years thereafter, the recipient of a grant from the Delaware Nursing Advancement Fund must submit to the Division of Professional Regulation, the Governor, the Chairs of the Joint Finance Committee, the Controller General, and the Librarian and Director of Legislative Services a report detailing how the grant money was spent and what work has been completed to date under the auspices of the grant.
SYNOPSIS
This Act creates a new Delaware Nursing Advancement Fund (Fund) for purposes of funding a nonprofit that will maintain information and conduct studies about the nursing workforce, advance the profession of nursing, monitor trends in the nursing applicant pool, facilitate partnerships, educate the public about opportunities and careers in nursing, and distribute information about the nursing workforce.
Money for the Fund will come from a $10 fee on initial and renewal applications to the Board of Nursing, as well as any disciplinary fines. The Division of Professional Regulation will make a grant award to a nonprofit to accomplish the purposes of the Fund.
This Act requires a three-fourths majority vote for passage because of the requirements of Section 4, Article VIII of the Delaware Constitution.