Florida 2024 Regular Session

Florida House Bill H1069 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to nursing education programs; 2
16	16	amending s. 464.019, F.S.; revising application 3
17	17	requirements for nursing education programs; 4
18	18	requiring, rather than authorizing, certain degree 5
19	19	requirements to be documented in a specified manner; 6
20	20	requiring the program director to certify certain 7
21	21	documentation as true and accurate; providing 8
22	22	additional requirements for program applications; 9
23	23	requiring the Board of Nursing to deny an application 10
24	24	under certain circumstances; authorizing the board to 11
25	25	revoke the approval of specified existing programs; 12
26	26	requiring each program director to submit an annual 13
27	27	report and written remediation plan to the board; 14
28	28	requiring the board to terminate a program under 15
29	29	certain circumstances; providing a penalty; removing 16
30	30	provisions authorizing an extension of a program's 17
31	31	probationary status; authorizing certain agents and 18
32	32	employees of the Department of Health to conduct 19
33	33	onsite evaluations and inspections under certain 20
34	34	circumstances; authorizing the department to collect 21
35	35	evidence for certain purposes; providing that a 22
36	36	failure of a program to refuse to allow such 23
37	37	evaluation or inspection is deemed a certain 24
38	38	violation; revising rulemaking authority; conforming a 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	provision to changes made by the act; providing an 26
52	52	effective date. 27
53	53	28
54	54	Be It Enacted by the Legislature of the State of Florida: 29
55	55	30
56	56	Section 1. Subsections (1) and (3), paragraphs (a) and (b) 31
57	57	of subsection (5), subsection (8), and paragraph (f) of 32
58	58	subsection (11) of section 464.019, Florida Statutes, are 33
59	59	amended, paragraph (e) is a dded to subsection (2), and paragraph 34
60	60	(e) is added to subsection (5) of that section, to read: 35
61	61	464.019 Approval of nursing education programs. — 36
62	62	(1) PROGRAM APPLICATION. —An educational institution that 37
63	63	wishes to conduct a program in this state for the p relicensure 38
64	64	education of professional or practical nurses must submit to the 39
65	65	department a program application and review fee of $1,000 for 40
66	66	each prelicensure nursing education program to be offered at the 41
67	67	institution's main campus, branch campus, or other i nstructional 42
68	68	site. The program application must include the legal name of the 43
69	69	educational institution, the legal name of the nursing education 44
70	70	program, the legal name of the nursing education program 45
71	71	director, and, if such institution is accredited, the na me of 46
72	72	the accrediting agency. The application must also document that: 47
73	73	(a)1. For a professional nursing education program, the 48
74	74	program director and at least 50 percent of the program's 49
75	75	faculty members are registered nurses who have a master's or 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	higher degree in nursing or a bachelor's degree in nursing and a 51
89	89	master's or higher degree in a field related to nursing. 52
90	90	2. For a practical nursing education program, the program 53
91	91	director and at least 50 percent of the program's faculty 54
92	92	members are registered n urses who have a bachelor's or higher 55
93	93	degree in nursing. 56
94	94	57
95	95	The educational degree requirements of this paragraph must may 58
96	96	be documented by an official transcript or by a written 59
97	97	statement from the program director of the educational 60
98	98	institution verifying th at the institution conferred the degree. 61
99	99	The program director shall certify the official transcript or 62
100	100	written statement as true and accurate. 63
101	101	(b) The program's nursing major curriculum consists of at 64
102	102	least: 65
103	103	1. Fifty percent clinical training in the Un ited States, 66
104	104	the District of Columbia, or a possession or territory of the 67
105	105	United States for a practical nursing education program, an 68
106	106	associate degree professional nursing education program, or a 69
107	107	professional diploma nursing education program. 70
108	108	2. Forty percent clinical training in the United States, 71
109	109	the District of Columbia, or a possession or territory of the 72
110	110	United States for a bachelor's degree professional nursing 73
111	111	education program. 74
112	112	(c) No more than 50 percent of the program's clinical 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	training consists of clinical simulation. 76
126	126	(d) The program has signed agreements with each agency, 77
127	127	facility, and organization included in the curriculum plan as 78
128	128	clinical training sites and community -based clinical experience 79
129	129	sites. 80
130	130	(e) The program has written policies for faculty which 81
131	131	include provisions for direct or indirect supervision by program 82
132	132	faculty or clinical preceptors for students in clinical training 83
133	133	consistent with the following standards: 84
134	134	1. The number of program faculty members equals at least 85
135	135	one faculty member directly supervising every 12 students unless 86
136	136	the written agreement between the program and the agency, 87
137	137	facility, or organization providing clinical training sites 88
138	138	allows more students, not to exceed 18 students, to be directly 89
139	139	supervised by one program faculty member. 90
140	140	2. For a hospital setting, indirect supervision may occur 91
141	141	only if there is direct supervision by an assigned clinical 92
142	142	preceptor, a supervising program faculty member is available by 93
143	143	telephone, and such arrangement is app roved by the clinical 94
144	144	facility. 95
145	145	3. For community-based clinical experiences that involve 96
146	146	student participation in invasive or complex nursing activities, 97
147	147	students must be directly supervised by a program faculty member 98
148	148	or clinical preceptor and such arra ngement must be approved by 99
149	149	the community-based clinical facility. 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	4. For community-based clinical experiences not subject to 101
163	163	subparagraph 3., indirect supervision may occur only when a 102
164	164	supervising program faculty member is available to the student 103
165	165	by telephone. 104
166	166	105
167	167	A program's policies established under this paragraph must 106
168	168	require that a clinical preceptor who is supervising students in 107
169	169	a professional nursing education program be a registered nurse 108
170	170	or, if supervising students in a practical nursing educatio n 109
171	171	program, be a registered nurse or licensed practical nurse. 110
172	172	(f) The professional or practical nursing curriculum plan 111
173	173	documents clinical experience and theoretical instruction in 112
174	174	medical, surgical, obstetric, pediatric, and geriatric nursing. 113
175	175	A professional nursing curriculum plan shall also document 114
176	176	clinical experience and theoretical instruction in psychiatric 115
177	177	nursing. Each curriculum plan must document clinical training 116
178	178	experience in appropriate settings that include, but are not 117
179	179	limited to, acute ca re, long-term care, and community settings. 118
180	180	(g) The professional or practical nursing education 119
181	181	program provides theoretical instruction and clinical 120
182	182	application in personal, family, and community health concepts; 121
183	183	nutrition; human growth and development throughout the life 122
184	184	span; body structure and function; interpersonal relationship 123
185	185	skills; mental health concepts; pharmacology and administration 124
186	186	of medications; and legal aspects of practice. A professional 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	nursing education program must also provide theo retical 126
200	200	instruction and clinical application in interpersonal 127
201	201	relationships and leadership skills; professional role and 128
202	202	function; and health teaching and counseling skills. 129
203	203	(h) The professional or practical nursing education 130
204	204	program has established eval uation and standardized admission 131
205	205	criteria. The admission criteria must, at a minimum, identify 132
206	206	those students who are likely to need additional preparation and 133
207	207	educational support to be successful program graduates. The 134
208	208	program shall maintain documentatio n of the individualized 135
209	209	student academic support plan for those students identified as 136
210	210	in need of additional preparation and educational support. 137
211	211	(i) The professional or practical nursing education 138
212	212	program has an established comprehensive examination to prepare 139
213	213	students for the National Council of State Boards of Nursing 140
214	214	Licensing Examination (NCLEX). This type of comprehensive 141
215	215	examination must be termed an exit examination that all programs 142
216	216	will administer and may not be the sole exclusion to graduation 143
217	217	if the student has otherwise successfully completed all 144
218	218	coursework required by the program. The program director is 145
219	219	responsible for ensuring that the average exit examination 146
220	220	results of the program are posted on the program's website and 147
221	221	reported in the program's annual report to the board as 148
222	222	required under subsection (3). 149
223	223	(j) The program shall submit to the board established 150
224	224
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	criteria for remediation that will be offered to students who do 151
237	237	not successfully pass the exit examination. A program with NCLEX 152
238	238	passage rates at least 10 percentage points below the average 153
239	239	passage rate for the most recent calendar year must offer 154
240	240	remediation at no additional cost or refer the student to an 155
241	241	approved remedial program and pay for that program for the 156
242	242	student. 157
243	243	(2) PROGRAM APPROVAL.— 158
244	244	(e) The board shall deny an application from a program 159
245	245	which has had adverse action taken against it by another 160
246	246	regulatory jurisdiction in the United States. The board may also 161
247	247	revoke the approval of an existing approved program that ha s had 162
248	248	adverse action taken against it by another regulatory 163
249	249	jurisdiction in the United States. 164
250	250	(3) ANNUAL REPORT.—By November 1 of each year, each 165
251	251	approved program's director program shall submit to the board an 166
252	252	annual report comprised of an affidavit ce rtifying continued 167
253	253	compliance with subsection (1), a summary description of the 168
254	254	program's compliance with subsection (1), and documentation for 169
255	255	the previous academic year that, to the extent applicable, 170
256	256	describes: 171
257	257	(a) The number of student applications r eceived, qualified 172
258	258	applicants, applicants accepted, accepted applicants who enroll 173
259	259	in the program, students enrolled in the program, and program 174
260	260	graduates. 175
261	261
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	(b) The program's retention rates for students tracked 176
274	274	from program entry to graduation. 177
275	275	(c) The program's accreditation status, including 178
276	276	identification of the accrediting agency. 179
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278	278	The board shall terminate the program pursuant to chapter 120 if 181
279	279	the requirements of this subsection are not met. The program 182
280	280	director is also subject to discipline under s. 456.072(1)(k). 183
281	281	(5) ACCOUNTABILITY. — 184
282	282	(a)1. An approved program must achieve a graduate passage 185
283	283	rate for first-time test takers which is not more than 10 186
284	284	percentage points lower than the average passage rate during the 187
285	285	same calendar year for graduate s of comparable degree programs 188
286	286	who are United States educated, first -time test takers on the 189
287	287	National Council of State Boards of Nursing Licensing 190
288	288	Examination, as calculated by the contract testing service of 191
289	289	the National Council of State Boards of Nursin g. For purposes of 192
290	290	this subparagraph, an approved program is comparable to all 193
291	291	degree programs of the same program type from among the 194
292	292	following program types: 195
293	293	a. Professional nursing education programs that terminate 196
294	294	in a bachelor's degree. 197
295	295	b. Professional nursing education programs that terminate 198
296	296	in an associate degree. 199
297	297	c. Professional nursing education programs that terminate 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	in a diploma. 201
311	311	d. Practical nursing education programs. 202
312	312	2. If an approved program's graduate passage rates do not 203
313	313	equal or exceed the required passage rates for 1 2 consecutive 204
314	314	calendar year years, the board shall place the program on 205
315	315	probationary status pursuant to chapter 120 and the program 206
316	316	director shall submit a written remediation plan to the board. 207
317	317	The program director shall appear before the board to present 208
318	318	then a plan for remediation, which shall include specific 209
319	319	nationally recognized benchmarks to identify progress toward a 210
320	320	graduate passage rate goal. The board shall terminate a program 211
321	321	pursuant to chapter 120 if t he program director fails to submit 212
322	322	a written remediation plan or fails to appear before the board 213
323	323	and present the remediation plan no later than 6 months after 214
324	324	the date of the program being placed on probation. The program's 215
325	325	director is also subject to di sciplinary action under s. 216
326	326	456.072(1)(k) for such failure. The program must remain on 217
327	327	probationary status until it achieves a graduate passage rate 218
328	328	that equals or exceeds the required passage rate for any 1 219
329	329	calendar year. The board shall deny a program app lication for a 220
330	330	new prelicensure nursing education program submitted by an 221
331	331	educational institution if the institution has an existing 222
332	332	program that is already on probationary status. 223
333	333	3. Upon the program's achievement of a graduate passage 224
334	334	rate that equals or exceeds the required passage rate, the 225
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347	347	board, at its next regularly scheduled meeting following release 226
348	348	of the program's graduate passage rate by the National Council 227
349	349	of State Boards of Nursing, shall remove the program's 228
350	350	probationary status. If the pro gram, during the 2 calendar year 229
351	351	years following its placement on probationary status, does not 230
352	352	achieve the required passage rate for any 1 calendar year , the 231
353	353	board must may extend the program's probationary status for 1 232
354	354	additional year, provided the progr am has demonstrated adequate 233
355	355	progress toward the graduate passage rate goal by meeting a 234
356	356	majority of the benchmarks established in the remediation plan. 235
357	357	If the program is not granted the 1 -year extension or fails to 236
358	358	achieve the required passage rate by the end of such extension, 237
359	359	the board shall terminate the program pursuant to chapter 120. 238
360	360	(b) If an approved program fails to submit the annual 239
361	361	report required in subsection (3), the board must shall notify 240
362	362	the program director and president or chief execut ive officer of 241
363	363	the educational institution in writing within 15 days after the 242
364	364	due date of the annual report. The program director shall appear 243
365	365	before the board at the board's next regularly scheduled meeting 244
366	366	to explain the reason for the delay. The board shall terminate 245
367	367	the program pursuant to chapter 120 if the program director 246
368	368	fails to appear before the board, as required under this 247
369	369	paragraph, or if the program does not submit the annual report 248
370	370	within 6 months after the due date. 249
371	371	(e) Duly authorized agents or employees of the department 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	may conduct onsite evaluations or inspections at all reasonable 251
385	385	hours to ensure that approved programs or accredited programs 252
386	386	are in full compliance with this chapter, or to determine 253
387	387	whether this chapter or s. 456.072 is being violated. The 254
388	388	department may collect any necessary evidence needed to ensure 255
389	389	compliance with this chapter or for prosecution as deemed 256
390	390	necessary. A failure of a program to refuse to allow an onsite 257
391	391	evaluation or inspection is deemed a violation of a legal 258
392	392	obligation imposed by the board or the department. 259
393	393	(8) RULEMAKING.—The board does not have rulemaking 260
394	394	authority to administer this section, except that the board 261
395	395	shall adopt rules that prescribe the format for submitting 262
396	396	program applications under subsection (1) and annual reports 263
397	397	under subsection (3), to enforce and administer subsection (5), 264
398	398	and to administer the documentation of the accreditation of 265
399	399	nursing education programs under subsection (11). The board may 266
400	400	adopt rules relating to the nursing curriculum, including rules 267
401	401	relating to the uses and limitations of simulation technology, 268
402	402	and rules relating to the criteria to qualify for an extension 269
403	403	of time to meet the accreditation requirements under paragraph 270
404	404	(11)(f). The board may not impose any condition or requirement 271
405	405	on an educational institution submitting a program application, 272
406	406	an approved program, or an accredited program, except as 273
407	407	expressly provided in this section. 274
408	408	(11) ACCREDITATION REQUIRED. — 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	(f) An approved nursing education program may, no sooner 276
422	422	than 90 days before the deadline for meeting the accreditation 277
423	423	requirements of this subsection, apply to the board for an 278
424	424	extension of the accreditation deadline for a period which does 279
425	425	not exceed 2 years. An addi tional extension may not be granted. 280
426	426	In order to be eligible for the extension, the approved program 281
427	427	must establish that it has a graduate passage rate of 60 percent 282
428	428	or higher on the National Council of State Boards of Nursing 283
429	429	Licensing Examination for the most recent calendar year and must 284
430	430	meet a majority of the board's additional criteria, including, 285
431	431	but not limited to, all of the following: 286
432	432	1. A student retention rate of 60 percent or higher for 287
433	433	the most recent calendar year. 288
434	434	2. A graduate work placement rate of 70 percent or higher 289
435	435	for the most recent calendar year. 290
436	436	3. The program has applied for approval or been approved 291
437	437	by an institutional or programmatic accreditor recognized by the 292
438	438	United States Department of Education. 293
439	439	4. The program is in full compliance with subsections (1) 294
440	440	and (3) and paragraph (5)(b). 295
441	441	5. The program is not currently in its second year of 296
442	442	probationary status under subsection (5). 297
443	443	298
444	444	The applicable deadline under this paragraph is tolled from the 299
445	445	date on which an appro ved program applies for an extension until 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	the date on which the board issues a decision on the requested 301
459	459	extension. 302
460	460	Section 2. This act shall take effect July 1, 2024. 303