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42 U.S.C. § 297tNational Advisory Council on Nurse Education and Practice

submitted 82 years ago by Pub. L. 105-392 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 859 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates a National Advisory Council on Nurse Education and Practice. Its members, mostly nurses, advise the Secretary and Congress on nursing workforce policy. The Council must meet at least twice a year and report to Congress.

(a) Establishment The Secretary must create an advisory group called the National Advisory Council on Nurse Education and Practice. (b) Composition (1) In general: The Council has (A) between 21 and 23 members who are not federal officers or employees, picked by the Secretary without regard to normal civil-service hiring rules — of whom 2 must be full-time nursing students, 2 must be members of the general public, 2 must be practicing professional nurses, and 9 must be leading experts in nursing, higher and secondary nursing education, or represent advanced-practice nursing groups (like nurse practitioners, nurse midwives, nurse anesthetists, clinical nurse specialists), hospitals, or other nursing-service organizations; plus (B) the Secretary or the Secretary's delegate, who serves as an unpaid Chairperson. (2) Appointment: Within 90 days of November 13, 1998, the Secretary must appoint the members, each serving a 4-year term. The Secretary must aim for a fair balance among nursing professions, broad geography, and urban/rural balance. Members are picked based on competence, interest, and knowledge; most members must be nurses. (3) Minority representation: The Secretary must make sure minorities are adequately represented on the Council. (c) Vacancies (1) In general: A vacancy is filled the same way the original appointment was made, under the same conditions. (2) Filling unexpired term: Someone chosen to fill a vacancy serves only the rest of the original member's term. (d) Duties The Council must: (1) advise the Secretary and Congress on policy for the nursing workforce, education, and practice; (2) advise on writing regulations and related policy matters; and (3) starting no later than 2 years after March 27, 2020, and every year after, send the Secretary and the relevant Senate and House committees a report on the Council's activities, findings, and recommendations. (e) Meetings and documents (1) Meetings: The Council must meet at least twice a year, joining other related groups' meetings when it makes sense. (2) Documents: At least 14 days before a meeting, the Council must prepare and share an agenda. At the meeting, it must hand out materials on the topics being discussed. Within 30 days after the meeting, it must prepare and share a summary of what happened and any actions taken. (f) Compensation and expenses (1) Compensation: Each member is paid the daily rate of a level IV Executive Schedule federal employee for each day (including travel time) spent on Council business. Members who are already federal officers or employees get no extra pay for this. (2) Expenses: Members get reimbursed for travel, including a per-diem allowance, at the standard federal employee rate, while away from home on Council business. (g) Funding Money appropriated for parts B, C, and D can be used by the Secretary to support the Council's nurse-education and practice work. (h) Chapter 10 of title 5 The general federal advisory-committee rules in chapter 10 of title 5 apply to this Council, but only where they don't conflict with what this section itself requires.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment

The Secretary shall establish an advisory council to be known as the National Advisory Council on Nurse Education and Practice (in this section referred to as the “Advisory Council”).

(b) Composition
(1) In general

The Advisory Council shall be composed of—

(A)

not less than 21, nor more than 23 individuals, who are not officers or employees of the Federal Government, appointed by the Secretary without regard to the Federal civil service laws, of which—

(i)

2 shall be selected from full-time students enrolled in schools of nursing;

(ii)

2 shall be selected from the general public;

(iii)

2 shall be selected from practicing professional nurses; and

(iv)

9 shall be selected from among the leading authorities in the various fields of nursing, higher, secondary education, and associate degree schools of nursing, and from representatives of advanced education nursing groups (such as nurse practitioners, nurse midwives, nurse anesthetists, and clinical nurse specialists), hospitals, and other institutions and organizations which provide nursing services; and

(B)

the Secretary (or the delegate of the Secretary (who shall be an ex officio member and shall serve as the Chairperson)).

(2) Appointment

Not later than 90 days after November 13, 1998, the Secretary shall appoint the members of the Advisory Council and each such member shall serve a 4 year term. In making such appointments, the Secretary shall ensure a fair balance between the nursing professions, a broad geographic representation of members and a balance between urban and rural members. Members shall be appointed based on their competence, interest, and knowledge of the mission of the profession involved. A majority of the members shall be nurses.

(3) Minority representation

In appointing the members of the Advisory Council under paragraph (1), the Secretary shall ensure the adequate representation of minorities.

(c) Vacancies
(1) In general

A vacancy on the Advisory Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.

(2) Filling unexpired term

An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.

(d) Duties

The Advisory Council shall—

(1)

provide advice and recommendations to the Secretary and Congress concerning policy matters arising in the administration of this subchapter, including the range of issues relating to the nurse workforce, education, and practice improvement;

(2)

provide advice to the Secretary and Congress in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter, including the range of issues relating to nurse supply, education and practice improvement; and

(3)

not later than 2 years after March 27, 2020, and annually thereafter, prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report describing the activities of the Council, including findings and recommendations made by the Council concerning the activities under this subchapter.

(e) Meetings and documents
(1) Meetings

The Advisory Council shall meet not less than 2 times each year. Such meetings shall be held jointly with other related entities established under this subchapter where appropriate.

(2) Documents

Not later than 14 days prior to the convening of a meeting under paragraph (1), the Advisory Council shall prepare and make available an agenda of the matters to be considered by the Advisory Council at such meeting. At any such meeting, the Advisory Council shall distribute materials with respect to the issues to be addressed at the meeting. Not later than 30 days after the adjourning of such a meeting, the Advisory Council shall prepare and make available a summary of the meeting and any actions taken by the Council based upon the meeting.

(f) Compensation and expenses
(1) Compensation

Each member of the Advisory Council shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which such member is engaged in the performance of the duties of the Council. All members of the Council who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States.

(2) Expenses

The members of the Advisory Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Council.

(g) Funding

Amounts appropriated for carrying out parts B, C, and D may be utilized by the Secretary to support the nurse education and practice activities of the Council.

(h) Chapter 10 of title 5

Chapter 10 of title 5 shall apply to the Advisory Committee under this section only to the extent that the provisions of chapter 10 of title 5 do not conflict with the requirements of this section.

Source credit: (July 1, 1944, ch. 373, title VIII, § 851, formerly § 845, as added Pub. L. 105–392, title I, § 123(5), Nov. 13, 1998, 112 Stat. 3572; renumbered § 851, Pub. L. 111–148, title V, § 5310(b)(8)(A), Mar. 23, 2010, 124 Stat. 631; amended Pub. L. 116–136, div. A, title III, § 3404(a)(11), Mar. 27, 2020, 134 Stat. 394; Pub. L. 116–260, div. BB, title III, § 331(b), Dec. 27, 2020, 134 Stat. 2938; Pub. L. 117–286, § 4(a)(240), Dec. 27, 2022, 136 Stat. 4332.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 105-392 · 112 Stat. 3572
  • 2010Amended · Pub. L. 111-148 · 124 Stat. 631
  • 2020Amended · Pub. L. 116-136 · 134 Stat. 394
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2938
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4332

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-392 on 1944-07-01.

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