Bill Text: FL S1036 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nursing Education Programs
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-13 - Chapter No. 2014-92 [S1036 Detail]
Download: Florida-2014-S1036-Comm_Sub.html
Bill Title: Nursing Education Programs
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-13 - Chapter No. 2014-92 [S1036 Detail]
Download: Florida-2014-S1036-Comm_Sub.html
Florida Senate - 2014 CS for SB 1036 By the Committee on Health Policy; and Senator Grimsley 588-02181-14 20141036c1 1 A bill to be entitled 2 An act relating to nursing education programs; 3 amending s. 464.003, F.S.; revising definitions; 4 amending s. 464.013, F.S.; exempting nurses who are 5 certified by an accredited program from continuing 6 education requirements; amending s. 464.019, F.S.; 7 specifying the location of clinical training; revising 8 the limitation on the percentage of clinical training 9 that consists of clinical simulation; deleting 10 obsolete requirements; authorizing the Board of 11 Nursing to adopt certain rules relating to documenting 12 the accreditation of nursing education programs; 13 deleting the requirement that the Office of Program 14 Policy Analysis and Government Accountability 15 participate in an implementation study and revising 16 the terms of the study; requiring nursing education 17 programs that prepare students for the practice of 18 professional nursing to be accredited; providing an 19 exception; amending s. 456.014, F.S.; conforming a 20 cross-reference; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsections (10), (19), and (23) of section 25 464.003, Florida Statutes, are amended to read: 26 464.003 Definitions.—As used in this part, the term: 27 (10) “Clinical training” means direct nursing care 28 experiences with patients or clients, or clinical simulation of 29 such experiences, which offer the student the opportunity to 30 integrate, apply, and refine specific skills and abilities based 31 on theoretical concepts and scientific principles. 32 (19) “Practice of practical nursing” means the performance 33 of selected acts, including the administration of treatments and 34 medications, in the care of the ill, injured, or infirm;andthe 35 promotion of wellness, maintenance of health, and prevention of 36 illness of others under the direction of a registered nurse, a 37 licensed physician, a licensed osteopathic physician, a licensed 38 podiatric physician, or a licensed dentist; and the teaching of 39 general principles of health and wellness to the public and to 40 students other than nursing students. A practical nurse is 41 responsible and accountable for making decisions that are based 42 upon the individual’s educational preparation and experience in 43 nursing. 44 (23) “Required passage rate” means the graduate passage 45 rate required for an approved program pursuant to s. 46 464.019(5)(a)464.019(6)(a)1.47 Section 2. Subsection (3) of section 464.013, Florida 48 Statutes, is amended to read: 49 464.013 Renewal of license or certificate.— 50 (3) The board shall by rule prescribe up to 30 hours of 51 continuing educationnot to exceed 30 hoursbiennially as a 52 condition for renewal of a license or certificate. A nurse who 53 is certified by a health care specialty program accredited by 54 the National Commission for Certifying Agencies or Accreditation 55 Board for Specialty Nursing Certification is exempt from 56 continuing education requirements. The criteria for programs 57 shall be approved by the board. 58 Section 3. Section 464.019, Florida Statutes, is amended to 59 read: 60 464.019 Approval of nursing education programs.— 61 (1) PROGRAM APPLICATIONAPPLICATIONS.—An educational 62 institution that wishes to conduct a program in this state for 63 the prelicensure education of professional or practical nurses 64 must submit to the department a program application and review 65 fee of $1,000 for each prelicensure nursing education program to 66 be offered at the institution’s main campus, branch campus, or 67 other instructional site. TheEachprogram application must 68 include the legal name of the educational institution, the legal 69 name of the nursing education program, and, if such institution 70programis accreditedby an accrediting agency other than an71accrediting agency described in s. 464.003(1), the name of the 72 accrediting agency. The application must also document that: 73 (a)1. For a professional nursing education program, the 74 program director and at least 50 percent of the program’s 75 faculty members are registered nurses who have a master’s or 76 higher degree in nursing or a bachelor’s degree in nursing and a 77 master’s or higher degree in a field related to nursing. 78 2. For a practical nursing education program, the program 79 director and at least 50 percent of the program’s faculty 80 members are registered nurses who have a bachelor’s or higher 81 degree in nursing. 82 83 The educational degree requirements of this paragraph may be 84 documented by an official transcript or by a written statement 85 from the educational institution verifying that the institution 86 conferred the degree. 87 (b) The program’s nursing major curriculum consists of at 88 least: 89 1. Fifty percent clinical training at a health care 90 facility in the United States, the District of Columbia, or a 91 possession or territory of the United States for a practical 92 nursing education program, an associate degree professional 93 nursing education program, or a professional diploma nursing 94 education program. 95 2. Forty percent clinical training at a health care 96 facility in the United States, the District of Columbia, or a 97 possession or territory of the United States for a bachelor’s 98 degree professional nursing education program. 99 (c) No more than 5025percent of the program’s clinical 100 training consists of clinical simulation. 101 (d) The program has signed agreements with each agency, 102 facility, and organization included in the curriculum plan as 103 clinical training sites and community-based clinical experience 104 sites. 105 (e) The program has written policies for faculty which 106 include provisions for direct or indirect supervision by program 107 faculty or clinical preceptors for students in clinical training 108 consistent with the following standards: 109 1. The number of program faculty members equals at least 110 one faculty member directly supervising every 12 students unless 111 the written agreement between the program and the agency, 112 facility, or organization providing clinical training sites 113 allows more students, not to exceed 18 students, to be directly 114 supervised by one program faculty member. 115 2. For a hospital setting, indirect supervision may occur 116 only if there is direct supervision by an assigned clinical 117 preceptor, a supervising program faculty member is available by 118 telephone, and such arrangement is approved by the clinical 119 facility. 120 3. For community-based clinical experiences that involve 121 student participation in invasive or complex nursing activities, 122 students must be directly supervised by a program faculty member 123 or clinical preceptor and such arrangement must be approved by 124 the community-based clinical facility. 125 4. For community-based clinical experiences not subject to 126 subparagraph 3., indirect supervision may occur only when a 127 supervising program faculty member is available to the student 128 by telephone. 129 130 A program’s policies established under this paragraph must 131 require that a clinical preceptor who is, ifsupervising 132 students in a professional nursing education program, tobe a 133 registered nurse or, if supervising students in a practical 134 nursing education program,tobe a registered nurse or licensed 135 practical nurse. 136 (f) The professional or practical nursing curriculum plan 137 documents clinical experience and theoretical instruction in 138 medical, surgical, obstetric, pediatric, and geriatric nursing. 139 A professional nursing curriculum plan shall also document 140 clinical experience and theoretical instruction in psychiatric 141 nursing. Each curriculum plan must document clinical training 142 experience in appropriate settings that include, but are not 143 limited to, acute care, long-term care, and community settings. 144 (g) The professional or practical nursing education program 145 provides theoretical instruction and clinical application in 146 personal, family, and community health concepts; nutrition; 147 human growth and development throughout the life span; body 148 structure and function; interpersonal relationship skills; 149 mental health concepts; pharmacology and administration of 150 medications; and legal aspects of practice. A professional 151 nursing education program mustshallalso provide theoretical 152 instruction and clinical application in interpersonal 153 relationships and leadership skills; professional role and 154 function; and health teaching and counseling skills. 155 (2) PROGRAM APPROVAL.— 156 (a) Upon receipt of a program application and review fee, 157 the department shall examine the application to determine if 158whetherit is complete. If thea programapplication is not 159 complete, the department shall notify the educational 160 institution in writing of any errors or omissions within 30 days 161 after the department’s receipt of the application. A program 162 application is deemed complete upon the department’s receipt of: 163 1. The initial application, if the department does not 164 notify the educational institution of any errors or omissions 165 within the 30-day period; or 166 2. A revised application that corrects each error and 167 omission of which the department notifies the educational 168 institution within the 30-day period. 169 (b) Within 90 days after the department’s receipt of a 170 complete program application, the board shall: 171 1. Approve the application if it documents compliance with 172 subsection (1)paragraphs (1)(a)-(g); or 173 2. Provide the educational institution with a notice of 174 intent to deny the application if it does not document 175 compliance with subsection (1)paragraphs (1)(a)-(g). The notice 176 must specifyset forthwritten reasons for the board’s denial of 177 the application. The board may not deny a program application 178 because of an educational institution’s failure to correct an 179anyerror or omission thatof whichthe department failed to 180 provide notice of todoes not notifythe institution within the 181 30-day notice period under paragraph (a). The educational 182 institution may request a hearing on the notice of intent to 183 deny the program application pursuant to chapter 120. 184 (c) A program application is deemed approved if the board 185 does not act within the 90-day review period provided under 186 paragraph (b). 187 (d) Upon the board’s approval of a program application, the 188 program becomes an approved program. 189(3) STATUS OF CERTAIN PROGRAMS.—A professional or practical190nursing education program becomes an approved program if, as of191June 30, 2009, the program:192(a) Has full or provisional approval from the board or,193except as provided in paragraph (b), is on probationary status.194(b) Is on probationary status because the program did not195meet the board’s requirement for graduate passage rates. Such196program shall remain on probationary status until it achieves a197graduate passage rate for calendar year 2009 or 2010 that equals198or exceeds the required passage rate for the respective calendar199year and must disclose its probationary status in writing to the200program’s students and applicants. If the program does not201achieve the required passage rate, the board shall terminate the202program pursuant to chapter 120.203 (3)(4)ANNUAL REPORT.—By November 1 of each year, each 204 approved program shall submit to the board an annual report 205 comprised of an affidavit certifying continued compliance with 206 subsection (1)paragraphs (1)(a)-(g), a summary description of 207 the program’s compliance with subsection (1)paragraphs (1)(a)208(g), and documentation for the previous academic year that, to 209 the extent applicable, describessets forth: 210 (a) The number of student applications received, qualified 211 applicants, applicants accepted, accepted applicants who enroll 212 in the program, students enrolled in the program, and program 213 graduates. 214 (b) The program’s retention rates for students tracked from 215 program entry to graduation. 216 (c) The program’s accreditation status, including 217 identification of the accrediting agencyif such agency is not218an accrediting agency described in s. 464.003(1). 219 (4)(5)INTERNET WEBSITE.—By October 1, 2010,The board 220 shall publish the following information on its Internet website: 221 (a) A list of each accredited program conducted in the 222 state and the program’s graduate passage rates for the most 223 recent 2 calendar years, which the department shall determine 224 through the following sources: 225 1. For a program’s accreditation status, the specialized 226 accrediting agencies that are nationally recognized by the 227 United States Secretary of Education to accredit nursing 228 education programs. 229 2. For a program’s graduate passage rates, the contract 230 testing service of the National Council of State Boards of 231 Nursing. 232 (b) The following data for each approved program, which 233 includesshall include, to the extent applicable: 234 1. All documentation provided by the program in its program 235 application if submitted on or after July 1, 2009. 236 2. The summary description of the program’s compliance 237 submitted under subsection (3)(4). 238 3. The program’s accreditation status, including 239 identification of the accrediting agencyif such agency is not240an accrediting agency described in s. 464.003(1). 241 4. The program’s probationary status. 242 5. The program’s graduate passage rates for the most recent 243 2 calendar years. 244 6. Each program’s retention rates for students tracked from 245 program entry to graduation. 246 (c) The average passage rates for United States educated 247 first-time test takers on the National Council of State Boards 248 of Nursing Licensing Examination for the most recent 2 calendar 249 years, as calculated by the contract testing service of the 250 National Council of State Boards of Nursing. The average passage 251 rates shall be published separately for each type of comparable 252 degree program listed in subparagraph (5)(a)1.sub-subparagraphs253(6)(a)1.a.-d.254 255 The information required to be published under this subsection 256 shall be made available in a manner that allows interactive 257 searches and comparisons of individual programs selected by the 258 website user. The board shall update the Internet website at 259 least quarterly with the available information. 260 (5)(6)ACCOUNTABILITY.— 261 (a)1. An approved program must achieve a graduate passage 262 rate that is not morelowerthan 10 percentage points lowerless263 than the average passage rate during the same calendar year for 264 graduates of comparable degree programs who are United States 265 educated, first-time test takers on the National Council of 266 State Boards of Nursing Licensing Examinationduring a calendar267year, as calculated by the contract testing service of the 268 National Council of State Boards of Nursing. For purposes of 269 this subparagraph, an approved program is comparable to all 270 degree programs of the same program type from among the 271 following program types: 272 a. Professional nursing education programs that terminate 273 in a bachelor’s degree. 274 b. Professional nursing education programs that terminate 275 in an associate degree. 276 c. Professional nursing education programs that terminate 277 in a diploma. 278 d. Practical nursing education programs. 279 2. Beginning with graduate passage rates for calendar year 280 2010, if an approved program’s graduate passage rates do not 281 equal or exceed the required passage rates for 2 consecutive 282 calendar years, the board shall place the program on 283 probationary status pursuant to chapter 120 and the program 284 director shallmustappear before the board to present a plan 285 for remediation. The program mustshallremain on probationary 286 status until it achieves a graduate passage rate that equals or 287 exceeds the required passage rate for any 1 calendar year. The 288 board shall deny a program application for a new prelicensure 289 nursing education program submitted by an educational 290 institution if the institution has an existing program that is 291 already on probationary status. 292 3. Upon the program’s achievement of a graduate passage 293 rate that equals or exceeds the required passage rate, the 294 board, at its next regularly scheduled meeting following release 295 of the program’s graduate passage rate by the National Council 296 of State Boards of Nursing, shall remove the program’s 297 probationary status. However, if the program, during the 2 298 calendar years following its placement on probationary status, 299 does not achieve the required passage rate for any 1 calendar 300 year, the board shall terminate the program pursuant to chapter 301 120. 302 (b) If an approved program fails to submit the annual 303 report required in subsection (3)(4), the board shall notify 304 the program director and president or chief executive officer of 305 the educational institution in writing within 15 days after the 306 due date of the annual report. The program director shallmust307 appear before the board at the board’s next regularly scheduled 308 meeting to explain the reason for the delay. The board shall 309 terminate the program pursuant to chapter 120 if it does not 310 submit the annual report within 6 months after the due date. 311 (c) An approved program on probationary status shall 312 disclose its probationary status in writing to the program’s 313 students and applicants. 314 (6)(7)DISCLOSURE OF GRADUATE PASSAGE RATE DATA.— 315 (a) For each graduate of the programan approved program’s316or accredited program’s graduatesincluded in the calculation of 317 the program’s graduate passage rate, the department shall 318 disclose to the program director, upon his or her written 319 request, the name, examination date, and determination of 320 whether each graduate passed or failed the National Council of 321forState Boards of Nursing Licensing Examination, ifto the322extent thatsuch information is provided to the department by 323 the contract testing service of the National Council offor324 State Boards of Nursing. The written request must specify the 325 calendar years for which the information is requested. 326 (b) A program director to whom confidential information 327 exempt from public disclosure pursuant to s. 456.014 is 328 disclosed under this subsection must maintain the 329 confidentiality of the information and is subject to the same 330 penalties provided in s. 456.082 for department employees who 331 unlawfully disclose confidential information. 332 (7)(8)PROGRAM CLOSURE.— 333 (a) An educational institution conducting an approved 334 program or accredited program in this state, at least 30 days 335 before voluntarily closing the program, shall notify the board 336 in writing of the institution’s reason for closing the program, 337 the intended closure date, the institution’s plan to provide for 338 or assist in the completion of training by the program’s 339 students, and the arrangements for storage of the program’s 340 permanent records. 341 (b) An educational institution conducting a nursing 342 education program that is terminated under subsection (5)(6)or 343 closed under subparagraph (9)(b)3.(10)(b)3.: 344 1. May not accept or enroll new students. 345 2. ShallMustsubmit to the board within 30 days after the 346 program is terminated or closed a written description of how the 347 institution will assist in completing thecompletion oftraining 348 ofbythe program’s students and the institution’s arrangements 349 for storage of the program’s permanent records. 350 (c) If an educational institution does not comply with 351 paragraph (a) or paragraph (b), the board shall provide a 352 written notice explaining the institution’s noncompliance to the 353 following persons and entities: 354 1. The president or chief executive officer of the 355 educational institution. 356 2. The Board of Governors, if the program is conducted by a 357 state university. 358 3. The district school board, if the program is conducted 359 by an educational institution operated by a school district. 360 4. The Commission for Independent Education, if the program 361 is conducted by an educational institution licensed under 362 chapter 1005. 363 5. The State Board of Education, if the program is 364 conducted by an educational institution in the Florida College 365 System or by an educational institution that is not subject to 366 subparagraphs 2.-4. 367 (8)(9)RULEMAKING.—The board does not haveanyrulemaking 368 authority to administer this section, except that the board 369 shall adopt rulesa rulethat prescribeprescribesthe format 370 for submitting program applications under subsection (1) and 371 annual reports under subsection (3), and to administer the 372 documentation of the accreditation of nursing education programs 373 under subsection (11)(4). The board may not impose any 374 condition or requirement on an educational institution 375 submitting a program application, an approved program, or an 376 accredited program, except as expressly provided in this 377 section.The board shall repeal all rules, or portions thereof,378in existence on July 1, 2009, that are inconsistent with this379subsection.380 (9)(10)APPLICABILITY TO ACCREDITED PROGRAMS.— 381 (a) Subsections (1)-(3)(1)-(4), paragraph (4)(b)(5)(b), 382 and subsection (5)(6)do not apply to an accredited program.An383accredited program on probationary status before July 1, 2010,384ceases to be subject to the probationary status.385 (b) If an accredited program ceases to be accredited, the 386 educational institution conducting the program: 387 1. Within 10 business days after the program ceases to be 388 accredited, must provide written notice of the date that the 389 program ceased to be accredited to the board, the program’s 390 students and applicants, and each entity providing clinical 391 training sites or community-based clinical experience sites for 392 the program. The educational institution must continue to 393 provide the written notice to new students, applicants, and 394 entities providing clinical training sites or community-based 395 clinical experience sites for the program until the program 396 becomes an approved program or is closed under subparagraph 3. 397 2. Within 30 days after the program ceases to be 398 accredited, must submit an affidavit to the board, signed by the 399 educational institution’s president or chief executive officer 400 which, thatcertifies the institution’s compliance with 401 subparagraph 1. The board shall notify the persons and 402 applicable entities listed in paragraph (7)(c)subparagraph403(8)(c)1. and the applicable entities listed in subparagraphs404(8)(c)2.-5.if an educational institution does not submit the 405 affidavit required by this subparagraph. 406 3. May apply to become an approved program under this 407 section. If the educational institution: 408 a. Within 30 days after the program ceases to be 409 accredited, submits a program application and review fee to the 410 department under subsection (1) and the affidavit required under 411 subparagraph 2., the program shall be deemed an approved program 412 from the date that the program ceased to be accredited until the 413 date that the board approves or denies the program application. 414 The program application must be denied by the board pursuant to 415 chapter 120 if it does not contain the affidavit. If the board 416 denies the program application under subsection (2) or if 417becausethe program application does not contain the affidavit, 418 the program shall be closed and the educational institution 419 conducting the program must comply with paragraph (7)(b)(8)(b). 420 b. Does not apply to become an approved program pursuant to 421 sub-subparagraph a., the program shall be deemed an approved 422 program from the datethatthe program ceased to be accredited 423 until the 31st day after that date. On the 31st day after the 424 program ceased to be accredited, the program shall be closed and 425 the educational institution conducting the program must comply 426 with paragraph (7)(b)(8)(b). 427 (10)(11)IMPLEMENTATION STUDY.—The Florida Center for 428 Nursingand the education policy area of the Office of Program429Policy Analysis and Government Accountabilityshall study the 430 implementation5-year administrationof this section and submit 431 reports to the Governor, the President of the Senate, and the 432 Speaker of the House of Representatives in January of each year 433 following the effective date of this actby January 30, 2011,and434annually thereafter through January 30, 2015. The annual reports 435 shall address the previous academic year; provideset forthdata 436 on the measures specified in paragraphs (a) and (b), as such 437 data becomes available; and include an evaluation of such data 438 for purposes of determining whether this section is increasing 439 the availability of nursing education programs and the 440 production of quality nurses. The department and each approved 441 program or accredited program shall comply with requests for 442 data from the Florida Center for Nursingand the education443policy area of the Office of Program Policy Analysis and444Government Accountability. 445 (a) The Florida Center for Nursingeducation policy area of446the Office of Program Policy Analysis and Government447Accountabilityshall evaluate program-specific data for each 448 approved program and accredited program conducted in the state, 449 including, but not limited to: 450 1. The number of programs and student slots available. 451 2. The number of student applications submitted, the number 452 of qualified applicants, and the number of students accepted. 453 3. The number of program graduates. 454 4. Program retention rates of students tracked from program 455 entry to graduation. 456 5. Graduate passage rates on the National Council of State 457 Boards of Nursing Licensing Examination. 458 6. The number of graduates who become employed as practical 459 or professional nurses in the state. 460 (b) The Florida Center for Nursing shall evaluate the 461 board’s implementation of the: 462 1. Program application approval process, including, but not 463 limited to, the number of program applications submitted under 464 subsection (1); the number of program applications approved and 465 denied by the board under subsection (2); the number of denials 466 of program applications reviewed under chapter 120; and a 467 description of the outcomes of those reviews. 468 2. Accountability processes, including, but not limited to, 469 the number of programs on probationary status, the number of 470 approved programs for which the program director is required to 471 appear before the board under subsection (5)(6), the number of 472 approved programs terminated by the board, the number of 473 terminations reviewed under chapter 120, and a description of 474 the outcomes of those reviews. 475(c) For any state fiscal year in which the Florida Center476for Nursing does not receive legislative appropriations, the477education policy area of the Office of Program Policy Analysis478and Government Accountability shall perform the duties assigned479by this subsection to the Florida Center for Nursing.480 (11) ACCREDITATION REQUIRED.— 481 (a) A nursing education program that prepares students for 482 the practice of professional nursing, that was approved under 483 this section before July 1, 2014, and that enrolled students 484 before July 1, 2014, must become an accredited program by July 485 1, 2019. 486 (b) A nursing education program that prepares students for 487 the practice of professional nursing, that was approved under 488 this section before July 1, 2014, but did not enroll students 489 before that date, must become an accredited program within 5 490 years after the date of enrolling the program’s first students. 491 (c) A nursing education program that prepares students for 492 the practice of professional nursing and that is approved by the 493 board after June 30, 2014, must become an accredited program 494 within 5 years after the date of enrolling the program’s first 495 students. 496 (d) This subsection does not apply to a nursing education 497 program provided by an institution that is exempted from 498 licensure by the Commission for Independent Education under s. 499 1005.06(1)(e). 500 Section 4. Subsection (1) of section 456.014, Florida 501 Statutes, is amended to read: 502 456.014 Public inspection of information required from 503 applicants; exceptions; examination hearing.— 504 (1) All information required by the department of any 505 applicant shall be a public record and shall be open to public 506 inspection pursuant to s. 119.07, except financial information, 507 medical information, school transcripts, examination questions, 508 answers, papers, grades, and grading keys, which are 509 confidential and exempt from s. 119.07(1) and shall not be 510 discussed with or made accessible to anyone except the program 511 director of an approved program or accredited program as 512 provided in s. 464.019(6)464.019(7), members of the board, the 513 department, and staff thereof, who have a bona fide need to know 514 such information. Any information supplied to the department by 515 any other agency which is exempt from the provisions of chapter 516 119 or is confidential shall remain exempt or confidential 517 pursuant to applicable law while in the custody of the 518 department or the agency. 519 Section 5. This act shall take effect July 1, 2014.