Bill Text: FL S1036 | 2014 | Regular Session | Introduced

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-Introduced.html
       Florida Senate - 2014                                    SB 1036
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-01332A-14                                          20141036__
    1                        A bill to be entitled                      
    2         An act relating to nursing education programs;
    3         amending s. 464.003, F.S.; revising definitions of the
    4         terms “clinical training” and “practice of practical
    5         nursing”; amending s. 464.013, F.S.; exempting nurses
    6         who are certified by an accredited program from
    7         continuing education requirements; amending s.
    8         464.019, F.S.; removing the limitation on the
    9         percentage of clinical training that may consist of
   10         clinical simulation; deleting obsolete requirements;
   11         authorizing the Board of Nursing to adopt certain
   12         rules relating to documenting the accreditation of
   13         nursing education programs; deleting the requirement
   14         that the Office of Program Policy Analysis and
   15         Government Accountability participate in an
   16         implementation study; requiring nursing education
   17         programs that prepare students for the practice of
   18         professional nursing to be accredited; providing an
   19         exception; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (10) and (19) of section 464.003,
   24  Florida Statutes, are amended to read:
   25         464.003 Definitions.—As used in this part, the term:
   26         (10) “Clinical training” means direct nursing care
   27  experiences with patients or clients, or clinical simulation of
   28  such experiences, which offer the student the opportunity to
   29  integrate, apply, and refine specific skills and abilities based
   30  on theoretical concepts and scientific principles.
   31         (19) “Practice of practical nursing” means the performance
   32  of selected acts, including the administration of treatments and
   33  medications, in the care of the ill, injured, or infirm; and the
   34  promotion of wellness, maintenance of health, and prevention of
   35  illness of others under the direction of a registered nurse, a
   36  licensed physician, a licensed osteopathic physician, a licensed
   37  podiatric physician, or a licensed dentist; and the teaching of
   38  general principles of health and wellness to the public and to
   39  students other than nursing students. A practical nurse is
   40  responsible and accountable for making decisions that are based
   41  upon the individual’s educational preparation and experience in
   42  nursing.
   43         Section 2. Subsection (3) of section 464.013, Florida
   44  Statutes, is amended to read:
   45         464.013 Renewal of license or certificate.—
   46         (3) The board shall by rule prescribe up to 30 hours of
   47  continuing education not to exceed 30 hours biennially as a
   48  condition for renewal of a license or certificate. A nurse who
   49  is certified by an accredited program is exempt from continuing
   50  education requirements. The criteria for programs shall be
   51  approved by the board.
   52         Section 3. Section 464.019, Florida Statutes, is amended to
   53  read:
   54         464.019 Approval of nursing education programs.—
   55         (1) PROGRAM APPLICATION APPLICATIONS.—An educational
   56  institution that wishes to conduct a program in this state for
   57  the prelicensure education of professional or practical nurses
   58  must submit to the department a program application and review
   59  fee of $1,000 for each prelicensure nursing education program to
   60  be offered at the institution’s main campus, branch campus, or
   61  other instructional site. The Each program application must
   62  include the legal name of the educational institution, the legal
   63  name of the nursing education program, and, if such program is
   64  accredited by an accrediting agency other than an accrediting
   65  agency described in s. 464.003(1), the name of the accrediting
   66  agency. The application must also document that:
   67         (a)1. For a professional nursing education program, the
   68  program director and at least 50 percent of the program’s
   69  faculty members are registered nurses who have a master’s or
   70  higher degree in nursing or a bachelor’s degree in nursing and a
   71  master’s or higher degree in a field related to nursing.
   72         2. For a practical nursing education program, the program
   73  director and at least 50 percent of the program’s faculty
   74  members are registered nurses who have a bachelor’s or higher
   75  degree in nursing.
   76  
   77  The educational degree requirements of this paragraph may be
   78  documented by an official transcript or by a written statement
   79  from the educational institution verifying that the institution
   80  conferred the degree.
   81         (b) The program’s nursing major curriculum consists of at
   82  least:
   83         1. Fifty percent clinical training for a practical nursing
   84  education program, an associate degree professional nursing
   85  education program, or a professional diploma nursing education
   86  program.
   87         2. Forty percent clinical training for a bachelor’s degree
   88  professional nursing education program.
   89         (c) No more than 25 percent of the program’s clinical
   90  training consists of clinical simulation.
   91         (c)(d) The program has signed agreements with each agency,
   92  facility, and organization included in the curriculum plan as
   93  clinical training sites and community-based clinical experience
   94  sites.
   95         (d)(e) The program has written policies for faculty which
   96  include provisions for direct or indirect supervision by program
   97  faculty or clinical preceptors for students in clinical training
   98  consistent with the following standards:
   99         1. The number of program faculty members equals at least
  100  one faculty member directly supervising every 12 students unless
  101  the written agreement between the program and the agency,
  102  facility, or organization providing clinical training sites
  103  allows more students, not to exceed 18 students, to be directly
  104  supervised by one program faculty member.
  105         2. For a hospital setting, indirect supervision may occur
  106  only if there is direct supervision by an assigned clinical
  107  preceptor, a supervising program faculty member is available by
  108  telephone, and such arrangement is approved by the clinical
  109  facility.
  110         3. For community-based clinical experiences that involve
  111  student participation in invasive or complex nursing activities,
  112  students must be directly supervised by a program faculty member
  113  or clinical preceptor and such arrangement must be approved by
  114  the community-based clinical facility.
  115         4. For community-based clinical experiences not subject to
  116  subparagraph 3., indirect supervision may occur only when a
  117  supervising program faculty member is available to the student
  118  by telephone.
  119  
  120  A program’s policies established under this paragraph must
  121  require that a clinical preceptor who is, if supervising
  122  students in a professional nursing education program, to be a
  123  registered nurse or, if supervising students in a practical
  124  nursing education program, to be a registered nurse or licensed
  125  practical nurse.
  126         (e)(f) The professional or practical nursing curriculum
  127  plan documents clinical experience and theoretical instruction
  128  in medical, surgical, obstetric, pediatric, and geriatric
  129  nursing;. A professional nursing curriculum plan shall also
  130  document clinical experience and theoretical instruction in
  131  psychiatric nursing; and. Each curriculum plan must document
  132  clinical training experience in appropriate settings that
  133  include, but are not limited to, acute care, long-term care, and
  134  community settings.
  135         (f)(g) The professional or practical nursing education
  136  program provides theoretical instruction and clinical
  137  application in personal, family, and community health concepts;
  138  nutrition; human growth and development throughout the life
  139  span; body structure and function; interpersonal relationship
  140  skills; mental health concepts; pharmacology and administration
  141  of medications; and legal aspects of practice. A professional
  142  nursing education program must shall also provide theoretical
  143  instruction and clinical application in interpersonal
  144  relationships and leadership skills; professional role and
  145  function; and health teaching and counseling skills.
  146         (2) PROGRAM APPROVAL.—
  147         (a)  Upon receipt of a program application and review fee,
  148  the department shall examine the application to determine if
  149  whether it is complete. If the a program application is not
  150  complete, the department shall notify the educational
  151  institution in writing of any errors or omissions within 30 days
  152  after the department’s receipt of the application. A program
  153  application is deemed complete upon the department’s receipt of:
  154         1. The initial application, if the department does not
  155  notify the educational institution of any errors or omissions
  156  within the 30-day period; or
  157         2. A revised application that corrects each error and
  158  omission of which the department notifies the educational
  159  institution within the 30-day period.
  160         (b) Within 90 days after the department’s receipt of a
  161  complete program application, the board shall:
  162         1. Approve the application if it documents compliance with
  163  subsection (1) paragraphs (1)(a)-(g); or
  164         2. Provide the educational institution with a notice of
  165  intent to deny the application if it does not document
  166  compliance with subsection (1) paragraphs (1)(a)-(g). The notice
  167  must specify set forth written reasons for the board’s denial of
  168  the application. The board may not deny a program application
  169  because of an educational institution’s failure to correct an
  170  any error or omission that of which the department failed to
  171  provide notice of to does not notify the institution within the
  172  30-day notice period under paragraph (a). The educational
  173  institution may request a hearing on the notice of intent to
  174  deny the program application pursuant to chapter 120.
  175         (c) A program application is deemed approved if the board
  176  does not act within the 90-day review period provided under
  177  paragraph (b).
  178         (d) Upon the board’s approval of a program application, the
  179  program becomes an approved program.
  180         (3) STATUS OF CERTAIN PROGRAMS.—A professional or practical
  181  nursing education program becomes an approved program if, as of
  182  June 30, 2009, the program:
  183         (a) Has full or provisional approval from the board or,
  184  except as provided in paragraph (b), is on probationary status.
  185         (b) Is on probationary status because the program did not
  186  meet the board’s requirement for graduate passage rates. Such
  187  program shall remain on probationary status until it achieves a
  188  graduate passage rate for calendar year 2009 or 2010 that equals
  189  or exceeds the required passage rate for the respective calendar
  190  year and must disclose its probationary status in writing to the
  191  program’s students and applicants. If the program does not
  192  achieve the required passage rate, the board shall terminate the
  193  program pursuant to chapter 120.
  194         (3)(4) ANNUAL REPORT.—By November 1 of each year, each
  195  approved program that is not accredited shall submit to the
  196  board an annual report comprised of an affidavit certifying
  197  continued compliance with subsection (1) paragraphs (1)(a)-(g),
  198  a summary description of the program’s compliance with
  199  subsection (1) paragraphs (1)(a)-(g), and documentation for the
  200  previous academic year that, to the extent applicable, describes
  201  sets forth:
  202         (a) The number of student applications received, qualified
  203  applicants, applicants accepted, accepted applicants who enroll
  204  in the program, students enrolled in the program, and program
  205  graduates.
  206         (b) The program’s retention rates for students tracked from
  207  program entry to graduation.
  208         (c) The program’s accreditation status, including
  209  identification of the accrediting agency if the program is
  210  accredited such agency is not an accrediting agency described in
  211  s. 464.003(1).
  212         (4)(5) INTERNET WEBSITE.—By October 1, 2010, The board
  213  shall publish the following information on its Internet website:
  214         (a) A list of each accredited program conducted in the
  215  state and the program’s graduate passage rates for the most
  216  recent 2 calendar years, which the department shall determine
  217  through the following sources:
  218         1. For a program’s accreditation status, the specialized
  219  accrediting agencies that are nationally recognized by the
  220  United States Secretary of Education to accredit nursing
  221  education programs.
  222         2. For a program’s graduate passage rates, the contract
  223  testing service of the National Council of State Boards of
  224  Nursing.
  225         (b) The following data for each approved program, which
  226  includes shall include, to the extent applicable:
  227         1. All documentation provided by the program in its program
  228  application if submitted on or after July 1, 2009.
  229         2. The summary description of the program’s compliance
  230  submitted under subsection (3) (4).
  231         3. The program’s accreditation status, including
  232  identification of the accrediting agency if the program is
  233  accredited such agency is not an accrediting agency described in
  234  s. 464.003(1).
  235         4. The program’s probationary status.
  236         5. The program’s graduate passage rates for the most recent
  237  2 calendar years.
  238         6. Each program’s retention rates for students tracked from
  239  program entry to graduation.
  240         (c) The average passage rates for United States educated
  241  first-time test takers on the National Council of State Boards
  242  of Nursing Licensing Examination for the most recent 2 calendar
  243  years, as calculated by the contract testing service of the
  244  National Council of State Boards of Nursing. The average passage
  245  rates shall be published separately for each type of comparable
  246  degree program listed in subparagraph (5)(a)1. sub-subparagraphs
  247  (6)(a)1.a.-d.
  248  
  249  The information required to be published under this subsection
  250  shall be made available in a manner that allows interactive
  251  searches and comparisons of individual programs selected by the
  252  website user. The board shall update the Internet website at
  253  least quarterly with the available information.
  254         (5)(6) ACCOUNTABILITY.—
  255         (a)1. An approved program must achieve a graduate passage
  256  rate that is not more lower than 10 percentage points lower less
  257  than the average passage rate during the same calendar year for
  258  graduates of comparable degree programs who are United States
  259  educated, first-time test takers on the National Council of
  260  State Boards of Nursing Licensing Examination during a calendar
  261  year, as calculated by the contract testing service of the
  262  National Council of State Boards of Nursing. For purposes of
  263  this subparagraph, an approved program is comparable to all
  264  degree programs of the same program type from among the
  265  following program types:
  266         a. Professional nursing education programs that terminate
  267  in a bachelor’s degree.
  268         b. Professional nursing education programs that terminate
  269  in an associate degree.
  270         c. Professional nursing education programs that terminate
  271  in a diploma.
  272         d. Practical nursing education programs.
  273         2. Beginning with graduate passage rates for calendar year
  274  2010, if an approved program’s graduate passage rates do not
  275  equal or exceed the required passage rates for 2 consecutive
  276  calendar years, the board shall place the program on
  277  probationary status pursuant to chapter 120 and the program
  278  director shall must appear before the board to present a plan
  279  for remediation. The program must shall remain on probationary
  280  status until it achieves a graduate passage rate that equals or
  281  exceeds the required passage rate for any 1 calendar year. The
  282  board shall deny a program application for a new prelicensure
  283  nursing education program submitted by an educational
  284  institution if the institution has an existing program that is
  285  already on probationary status.
  286         3. Upon the program’s achievement of a graduate passage
  287  rate that equals or exceeds the required passage rate, the
  288  board, at its next regularly scheduled meeting following release
  289  of the program’s graduate passage rate by the National Council
  290  of State Boards of Nursing, shall remove the program’s
  291  probationary status. However, if the program, during the 2
  292  calendar years following its placement on probationary status,
  293  does not achieve the required passage rate for any 1 calendar
  294  year, the board shall terminate the program pursuant to chapter
  295  120.
  296         (b) If an approved program fails to submit the annual
  297  report required in subsection (3) (4), the board shall notify
  298  the program director and president or chief executive officer of
  299  the educational institution in writing within 15 days after the
  300  due date of the annual report. The program director shall must
  301  appear before the board at the board’s next regularly scheduled
  302  meeting to explain the reason for the delay. The board shall
  303  terminate the program pursuant to chapter 120 if it does not
  304  submit the annual report within 6 months after the due date.
  305         (c) An approved program on probationary status shall
  306  disclose its probationary status in writing to the program’s
  307  students and applicants.
  308         (6)(7) DISCLOSURE OF GRADUATE PASSAGE RATE DATA.—
  309         (a) For each graduate of the program an approved program’s
  310  or accredited program’s graduates included in the calculation of
  311  the program’s graduate passage rate, the department shall
  312  disclose to the program director, upon his or her written
  313  request, the name, examination date, and determination of
  314  whether each graduate passed or failed the National Council of
  315  for State Boards of Nursing Licensing Examination, if to the
  316  extent that such information is provided to the department by
  317  the contract testing service of the National Council of for
  318  State Boards of Nursing. The written request must specify the
  319  calendar years for which the information is requested.
  320         (b) A program director to whom confidential information
  321  exempt from public disclosure pursuant to s. 456.014 is
  322  disclosed under this subsection must maintain the
  323  confidentiality of the information and is subject to the same
  324  penalties provided in s. 456.082 for department employees who
  325  unlawfully disclose confidential information.
  326         (7)(8) PROGRAM CLOSURE.—
  327         (a) An educational institution conducting an approved
  328  program or accredited program in this state, at least 30 days
  329  before voluntarily closing the program, shall notify the board
  330  in writing of the institution’s reason for closing the program,
  331  the intended closure date, the institution’s plan to provide for
  332  or assist in the completion of training by the program’s
  333  students, and the arrangements for storage of the program’s
  334  permanent records.
  335         (b) An educational institution conducting a nursing
  336  education program that is terminated under subsection (5) (6) or
  337  closed under subparagraph (9)(b)3. (10)(b)3.:
  338         1. May not accept or enroll new students.
  339         2. Shall Must submit to the board within 30 days after the
  340  program is terminated or closed a written description of how the
  341  institution will assist in completing the completion of training
  342  of by the program’s students and the institution’s arrangements
  343  for storage of the program’s permanent records.
  344         (c) If an educational institution does not comply with
  345  paragraph (a) or paragraph (b), the board shall provide a
  346  written notice explaining the institution’s noncompliance to the
  347  following persons and entities:
  348         1. The president or chief executive officer of the
  349  educational institution.
  350         2. The Board of Governors, if the program is conducted by a
  351  state university.
  352         3. The district school board, if the program is conducted
  353  by an educational institution operated by a school district.
  354         4. The Commission for Independent Education, if the program
  355  is conducted by an educational institution licensed under
  356  chapter 1005.
  357         5. The State Board of Education, if the program is
  358  conducted by an educational institution in the Florida College
  359  System or by an educational institution that is not subject to
  360  subparagraphs 2.-4.
  361         (8)(9) RULEMAKING.—The board does not have any rulemaking
  362  authority to administer this section, except that the board
  363  shall adopt rules a rule that prescribe prescribes the format
  364  for submitting program applications under subsection (1) and
  365  annual reports under subsection (3), and to administer the
  366  documentation of the accreditation of nursing education programs
  367  under subsection (11) (4). The board may not impose any
  368  condition or requirement on an educational institution
  369  submitting a program application, an approved program, or an
  370  accredited program, except as expressly provided in this
  371  section. The board shall repeal all rules, or portions thereof,
  372  in existence on July 1, 2009, that are inconsistent with this
  373  subsection.
  374         (9)(10) APPLICABILITY TO ACCREDITED PROGRAMS.—
  375         (a) Subsections (1)-(3) (1)-(4), paragraph (4)(b) (5)(b),
  376  and subsection (5) (6) do not apply to an accredited program. An
  377  accredited program on probationary status before July 1, 2010,
  378  ceases to be subject to the probationary status.
  379         (b) If an accredited program ceases to be accredited, the
  380  educational institution conducting the program:
  381         1. Within 10 business days after the program ceases to be
  382  accredited, must provide written notice of the date that the
  383  program ceased to be accredited to the board, the program’s
  384  students and applicants, and each entity providing clinical
  385  training sites or community-based clinical experience sites for
  386  the program. The educational institution must continue to
  387  provide the written notice to new students, applicants, and
  388  entities providing clinical training sites or community-based
  389  clinical experience sites for the program until the program
  390  becomes an approved program or is closed under subparagraph 3.
  391         2. Within 30 days after the program ceases to be
  392  accredited, must submit an affidavit to the board, signed by the
  393  educational institution’s president or chief executive officer
  394  which, that certifies the institution’s compliance with
  395  subparagraph 1. The board shall notify the persons listed in
  396  subparagraph (7)(c)1. (8)(c)1. and the applicable entities
  397  listed in subparagraphs (7)(c)2.-5. (8)(c)2.-5. if an
  398  educational institution does not submit the affidavit required
  399  by this subparagraph.
  400         3. May apply to become an approved program under this
  401  section. If the educational institution:
  402         a. Within 30 days after the program ceases to be
  403  accredited, submits a program application and review fee to the
  404  department under subsection (1) and the affidavit required under
  405  subparagraph 2., the program shall be deemed an approved program
  406  from the date that the program ceased to be accredited until the
  407  date that the board approves or denies the program application.
  408  The program application must be denied by the board pursuant to
  409  chapter 120 if it does not contain the affidavit. If the board
  410  denies the program application under subsection (2) or if
  411  because the program application does not contain the affidavit,
  412  the program shall be closed and the educational institution
  413  conducting the program must comply with paragraph (7)(b) (8)(b).
  414         b. Does not apply to become an approved program pursuant to
  415  sub-subparagraph a., the program shall be deemed an approved
  416  program from the date that the program ceased to be accredited
  417  until the 31st day after that date. On the 31st day after the
  418  program ceased to be accredited, the program shall be closed and
  419  the educational institution conducting the program must comply
  420  with paragraph (7)(b) (8)(b).
  421         (10)(11) IMPLEMENTATION STUDY.—The Florida Center for
  422  Nursing and the education policy area of the Office of Program
  423  Policy Analysis and Government Accountability shall study the 5
  424  year administration of this section and submit reports to the
  425  Governor, the President of the Senate, and the Speaker of the
  426  House of Representatives by January 30, 2011, and annually
  427  thereafter through January 30, 2015. The annual reports shall
  428  address the previous academic year; provide set forth data on
  429  the measures specified in paragraphs (a) and (b), as such data
  430  becomes available; and include an evaluation of such data for
  431  purposes of determining whether this section is increasing the
  432  availability of nursing education programs and the production of
  433  quality nurses. The department and each approved program or
  434  accredited program shall comply with requests for data from the
  435  Florida Center for Nursing and the education policy area of the
  436  Office of Program Policy Analysis and Government Accountability.
  437         (a) The Florida Center for Nursing education policy area of
  438  the Office of Program Policy Analysis and Government
  439  Accountability shall evaluate program-specific data for each
  440  approved program and accredited program conducted in the state,
  441  including, but not limited to:
  442         1. The number of programs and student slots available.
  443         2. The number of student applications submitted, the number
  444  of qualified applicants, and the number of students accepted.
  445         3. The number of program graduates.
  446         4. Program retention rates of students tracked from program
  447  entry to graduation.
  448         5. Graduate passage rates on the National Council of State
  449  Boards of Nursing Licensing Examination.
  450         6. The number of graduates who become employed as practical
  451  or professional nurses in the state.
  452         (b) The Florida Center for Nursing shall evaluate the
  453  board’s implementation of the:
  454         1. Program application approval process, including, but not
  455  limited to, the number of program applications submitted under
  456  subsection (1); the number of program applications approved and
  457  denied by the board under subsection (2); the number of denials
  458  of program applications reviewed under chapter 120; and a
  459  description of the outcomes of those reviews.
  460         2. Accountability processes, including, but not limited to,
  461  the number of programs on probationary status, the number of
  462  approved programs for which the program director is required to
  463  appear before the board under subsection (5) (6), the number of
  464  approved programs terminated by the board, the number of
  465  terminations reviewed under chapter 120, and a description of
  466  the outcomes of those reviews.
  467         (c) For any state fiscal year in which the Florida Center
  468  for Nursing does not receive legislative appropriations, the
  469  education policy area of the Office of Program Policy Analysis
  470  and Government Accountability shall perform the duties assigned
  471  by this subsection to the Florida Center for Nursing.
  472         (11) ACCREDITATION REQUIRED.—
  473         (a) A nursing education program that prepares students for
  474  the practice of professional nursing, that was approved under
  475  this section before July 1, 2014, and that enrolled students
  476  before July 1, 2014, must be accredited by an accrediting agency
  477  described in s. 464.003(1) by July 1, 2019.
  478         (b) A nursing education program that prepares students for
  479  the practice of professional nursing, that was approved under
  480  this section before July 1, 2014, but did not enroll students
  481  before that date, must become accredited by an accrediting
  482  agency described in s. 464.003(1) within 5 years after the date
  483  of enrolling the program’s first students.
  484         (c) A nursing education program that prepares students for
  485  the practice of professional nursing and that is approved by the
  486  board after June 30, 2014, must become accredited by an
  487  accrediting agency described in s. 464.003(1) within 5 years
  488  after the date of enrolling the program’s first students.
  489         (d) This subsection does not apply to a nursing education
  490  program provided by an institution that is exempted from
  491  licensure by the Commission for Independent Education under s.
  492  1005.06(1)(e).
  493         Section 4. This act shall take effect July 1, 2014.

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