128475-128501

HEALTH AND SAFETY CODE
SECTION 128475-128501




128475.  (a) The Legislature hereby finds and declares that an
adequate supply of professional vocational nurses is critical to
assuring the health and well-being of the citizens of California,
particularly those who live in medically underserved areas, and that
changes in the health care system of this state have increased the
need for more highly skilled vocational nurses.
   (b) The Legislature further finds and declares that in March 2002,
the California Association of Health Facilities indicated that there
is a shortage of 3,500 vocational nurses in long-term care
facilities and estimates that 28,000 additional vocational nurses
will be needed in long-term care over the next 10 years, that
recently published reports indicate that vocational nurses now
comprise almost 30 percent of the nation's total number of nurses and
that the national vacancy rate in hospitals was about 13 percent,
and that according to the California Association of Psychiatric
Technicians, an additional 800 psychiatric technicians are needed due
to expanding health facilities.
   (c) The Legislature further finds and declares that in vocational
nursing, as in other professions, certain populations are
underrepresented. The Legislature also finds and declares that it is
especially important that vocational nursing care be provided in a
way that is sensitive to the sociocultural variables that affect a
person's health. The Legislature recognizes that the financial burden
of attending a school of vocational nursing is considerable and that
persons from families lacking adequate financial resources may need
financial assistance to complete their studies.
   (d) The Legislature further finds and declares that approximately
54.1 percent of all Californians live in rural and urban areas that
have been designated underserved. The shortage of vocational nurses
in these areas makes it more difficult for those citizens to obtain
health care and more difficult to attract and retain other health
care professionals to those areas.



128480.  It is the intent of the Legislature to accomplish the
following:
   (a) Assure an adequate supply of appropriately trained vocational
nurses.
   (b) Encourage persons from populations that are currently
underrepresented in the profession of vocational nursing to enter
that profession.
   (c) Encourage vocational nurses to work in medically underserved
areas.


128485.  There is hereby created the Vocational Nurse Education
Program within the Health Professions Education Foundation. Persons
participating in this program shall be persons who agree in writing
prior to completion of vocational nursing school to serve in an
eligible county health facility, an eligible state-operated health
facility, or a health workforce shortage area, as designated by the
director of the office. Persons agreeing to serve in eligible county
health facilities, eligible state-operated health facilities, or
health workforce shortage areas may apply for scholarship or loan
repayment. The Vocational Nurse Education Program shall be
administered in accordance with Article 1 (commencing with Section
128330), except that all funds in the Vocational Nurse Education Fund
shall be used only for the purpose of promoting the education of
vocational nurses and related administrative costs. The Health
Professions Education Foundation shall make recommendations to the
director of the office concerning both of the following:
   (a) A standard contractual agreement to be signed by the director
and any student who has received an award to work in an eligible
county health facility, an eligible state-operated health facility,
or in a health workforce shortage area that would require a period of
obligated professional service in the areas of California designated
by the Health Workforce Policy Commission as deficient in primary
care services. The obligated professional service shall be in direct
patient care. The agreement shall include a clause entitling the
state to recover the funds awarded plus the maximum allowable
interest for failure to begin or complete the service obligation.
   (b) Maximum allowable amounts for scholarships, educational loans,
and loan repayment programs in order to assure the most effective
use of these funds.
   (c) A person who qualifies for admission to a vocational nursing
program that is accredited by the board of Vocational Nursing and
Psychiatric Technicians may apply for funding under the Vocational
Nurse Education Program by establishing a contractual agreement in
accordance with subdivision (a).
   (d) A person who holds a current valid license as a vocational
nurse who wishes to seek an associate of science degree in nursing
from an accredited college may apply for funding under the Vocational
Nurse Education Program by establishing a contractual agreement in
accordance with subdivision (a) unless the person is able to qualify
under subdivision (a) of Section 128385 under the Registered Nurse
Education Program.



128495.  In developing this program, the Health Professions
Education Foundation shall solicit the advice of representatives of
the Board of Vocational Nurses and Psychiatric Technicians, the
California Licensed Vocational Nurses' Association, the Licensed
Vocational Nurses League of California, Inc., and other vocational
nurse organizations, the Chancellor of the California Community
Colleges and other vocational schools, and the California Association
of Hospitals and Health Systems. The foundation shall solicit the
advice of representatives who reflect the demographic diversity of
California.


128500.  There is hereby established in the State Treasury the
Vocational Nurse Education Fund. All money in the fund shall be used
for the purposes specified in the California Vocational Nurse
Education Program established pursuant to this article. This fund
shall receive money collected pursuant to subdivision (d) of Section
2895 of the Business and Professions Code.



128501.  This article shall become operative on July 1, 2004.