CHAPTER 636

AN ACT to provide for an inventory of existing facilities for training
nurses, for a survey of the need for additional such facilities, for the
development and administration of a construction program which
will, in conjunction with existing facilities, provide for the training
of sufficient nurses to serve all people of the State; to create an ad-
visory council on nursing training and provide for the terms, powers
and duties of the members thereof.

(S 343]

Approved March 29, 1958

Be it enacted by the General Assembly of Virginia:

1. § 1. This act may be cited as the “State Nursing Training Facilities
Construction Act’’.

§ 2. As used in this act:

(a) “Hospital” includes any general nonprofit hospital, but does not
include any hospital furnishing primarily domiciliary care.

(b) “Nonprofit” as applied to a hospital means any hospital owned
and operated by a corporation, foundation, authority, municipal corpora-
tion or association, no part of the net earnings of which inures, or may law-
fully inure, to the benefit of any private shareholder or individual.

(c) “Nursing school” means a school approved by the State Board
of Nurse Examiners for the education and training of professional nurses
within this State and operated by, or in conjunction with, a hospital.

(d) “Nurse training facility” means a dormitory used by a nursing
school exclusively for housing student nurses in training to become nurses
but shall not include a facility for training beyond such level.

(e) “Council” means the Advisory Council on Nursing Training.

§ 3. (a) There is hereby established within the office of the Governor
the Advisory Council on Nursing Training. The Council shall constitute
the sole agency of the State for the purpose of

(1) Making an inventory of existing nurse training facilities, survey-
ing the need for construction of additional nurse training facilities, and
developing a program for the construction of nurse training facilities,

(2) Developing and administering a State plan for the construction
of nurse training facilities in conjunction with public and nonprofit
hospitals.

(b) The Governor may assign to any agency within his office all or
any part of the duties imposed upon the Council by this act.
; § 4. In carrying out the purposes of this act, the Council, through
its chairman, is authorized and directed:

(a) to require such reports, make such inspections and investigations
and prescribe such regulations as it deems necessary; to procure the
temporary services of experts or consultants or organizations thereof
when such services are to be performed on a part-time or fee-for-services
basis; to enter into agreements for the utilization of the facilities and
services of other State departments, agencies and institutions public or
private; and

(b) to accept on behalf of the State and to deposit with the State
Treasurer any grant, gift, or contribution made to assist in meeting the
cost of carrying out the purposes of this act, and to expend the same for
such purpose.

§ 5. The Governor shall appoint an advisory council on nursing
training to advise and consult with him in carrying out the administration
of this act. The Council shall consist of thirteen members to be appointed
by the Governor, who shall appoint at least one person from each con-
gressional district and three other members from the State at large. The
Governor shall designate one of the members as Chairman.

Each member shall hold office for a term of four years, except that
any member appointed to fill a vacancy occurring prior to the expiration of
the term for which his predecessor was appointed, shall be appointed for
the remainder of such term; and except that the terms of office of the
members first taking office shall expire, as designated at the time of ap-
pointment, as follows: of four members at the end of the first year, of
three members at the end of the second year, of three members at the end
of the third year, and of three members at the end of the fourth year, after
the date of appointment. Council members, while serving on business of the
Council, shall be entitled to receive actual and necessary travel and sub-
sistence expenses while so serving away from their places of residence to
be paid from funds appropriated to carry out the provisions of this act.
The Council shall meet as frequently as the Chairman deems necessary,
but not less than once each year. Upon request by a majority of the
ae it shall be the duty of the Chairman to call a meeting of the

ouncil.

§ 6. The Council is authorized and directed to make an inventory of
existing facilities for training nurses, in any and all hospitals, private,
public, nonprofit or otherwise, to survey the need for construction of nurse
training facilities, and'on the basis of such inventory and survey, to
develop a program for the construction of such public and other nonprofit
facilities for training nurses as will, in conjunction with existing facilities,
afford the necessary facilities to train sufficient nurses to furnish adequate
nursing care to all the people of the State.

§ 7. The construction program shall provide, in accordance with
regulations which the Council is hereby authorized to adopt under this
act, for adequate nurse training facilities for the people residing in this
State and, in so far as possible, shall provide for their distribution
throughout the State in such manner as to make nursing training rea-
sonably accessible to persons desiring the same throughout the State.

§ 8. The Council shall prepare and make public a State plan which
shall include the nurse training facilities construction program developed
under this act and which shall provide for the establishment, administra-
tion, and operation of a program of nurse training facilities construction
activity in accordance with the regulations adopted under this act. The
Council shall give adequate publicity to a general description of all the
provisions proposed to be included therein, and hold a public hearing at
which all persons or organizations with an interest in such plan may be
given an opportunity to express their views. After approval of the plan by
the Council, it shall make the plan, or a copy thereof, available upon
request to all interested persons or organizations. The Council shall from
time to time review the nurse training facilities construction program and
make such amendments as seem proper.

§ 9. The Council shall by regulation prescribe minimum standards
for the maintenance and operation of nurse training facilities which re-
ceive State aid for construction under the State plan. Every nursing school
or hospital which receives any such aid shall comply with such minimum
standards and the Council shall enforce such compliance. Upon applica-
tion of the Council to any court of competent jurisdiction an injunction
may be granted against any failure or refusal of such compliance by any
such nursing school or hospital.

_§ 10. The State plan shall set forth the relative need for the several
projects included in the construction program determined in accordance
with regulations prescribed by the Council, and provide for the construc-
tion, in so far as financial resources available therefor and for mainte-
nance and operation make possible, in the order of such relative need.

§ 11. Applications for nurse training facility construction projects
for which State funds are requested shall be submitted to the Council and
may be transmitted by the State to any political subdivision thereof or to
any public or nonprofit agency authorized to operate a nursing school or
hospital which is interested in such project. Each application for a con-
struction project shall conform to State requirements.

_§ 12. The Council shall afford to every applicant for a construction
project an opportunity for a fair hearing. If the Council, after affording
reasonable opportunity for development and presentation of applications
in the order of relative need, finds that a project application complies
with the requirements of this act and is otherwise in conformity with the
State plan, it shall approve such application.

§ 13. From time to time the Council shall inspect each construction
project approved by it, and, if the inspection so warrants, the Council
shall certify to the Comptroller that work has been performed upon the
project, or purchases have been made, in accordance with the approved
plans and specifications, and that payment of an installment of State funds
is due to the applicant.

§ 14. The Council is hereby authorized to receive funds in behalf of,
and transmit them to, such applicants. There is hereby established separ-
ate and apart from all public monies and funds of this State, a Nursing
Training Facility Construction Fund. Money received for a construction
project approved by the Council shall be deposited to the credit of this
fund and shall be used solely for payments due applicants for work per-
formed, or purchases made, in carrying out approved projects. Invoices
for all payments from such fund shall bear the signature of the Council
or its duly authorized agent for such purpose.

§ 15. The contribution by the State to the construction of any facility
for training nurses shall not exceed one-third of the cost thereof. No part
of the State appropriation for the construction of any nurse training
facility shall be made available by the Council unless and until the Council
has satisfactory assurances that the necessary funds to finance two-thirds
of the cost of any such project have been or will be made available from
sources other than State funds.