Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 1296
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LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present subsections (6) through (13) of section
6 464.003, Florida Statutes, are redesignated as subsections (7)
7 through (14), respectively, present subsection (14) of that
8 section is redesignated as subsection (6) and amended, and
9 subsection (22) of that section is amended, to read:
10 464.003 Definitions.—As used in this part, the term:
11 (6)(14) “Average graduate passage rate” means the
12 percentage of a program’s test takers graduates who, as first
13 time test takers, pass the National Council of State Boards of
14 Nursing Licensing Examination (NCLEX) during the most recent 2
15 consecutive a calendar years year, as calculated by the contract
16 testing service of the National Council of State Boards of
17 Nursing. The term includes all test takers as defined in this
18 section.
19 (22) “Test takers” means those graduates who take the NCLEX
20 within 1 year after their graduation date and do not fail the
21 examination more than three consecutive times pursuant to s.
22 464.008(3) “Required passage rate” means the graduate passage
23 rate required for an approved program pursuant to s.
24 464.019(5)(a).
25 Section 2. Subsections (3), (4), and (5) of section
26 464.019, Florida Statutes, are amended to read:
27 464.019 Approval of nursing education programs.—
28 (3) ANNUAL REPORT.—By April November 1 of each year, each
29 approved program shall submit to the board an annual report
30 composed comprised of an affidavit certifying continued
31 compliance with subsection (1), a summary description of the
32 program’s compliance with subsection (1), and documentation for
33 the previous calendar academic year that, to the extent
34 applicable, describes:
35 (a) The number of student applications received, qualified
36 applicants, applicants accepted, accepted applicants who enroll
37 in the program, students enrolled in the program, and program
38 graduates.
39 (b) The program’s retention rates for students tracked from
40 program entry to graduation.
41 (c) The program’s average graduate passage rate as defined
42 in s. 464.003 or the program’s passage rate as calculated by the
43 contract testing service of the National Council of State Boards
44 of Nursing if the average passage rate is 80 percent or greater
45 on the NCLEX for the prior calendar year.
46 (d)(c) The program’s accreditation status, including
47 identification of the accrediting agency.
48 (e) The number of students who were provided information on
49 available remediation programs pursuant to paragraph (5)(e).
50 (4) INTERNET WEBSITE.—The board shall publish the following
51 information on its Internet website:
52 (a) A list of each accredited program conducted in the
53 state and the program’s average graduate passage rate rates for
54 the most recent 2 calendar years, which the department shall
55 determine through the following sources:
56 1. For a program’s accreditation status, the specialized
57 accrediting agencies that are nationally recognized by the
58 United States Secretary of Education to accredit nursing
59 education programs.
60 2. For a program’s average graduate passage rate rates, the
61 contract testing service of the National Council of State Boards
62 of Nursing and the approved program.
63 (b) The following data for each approved program, which
64 includes, to the extent applicable:
65 1. All documentation provided by the program in its program
66 application.
67 2. The summary description of the program’s compliance
68 submitted under subsection (3).
69 3. The program’s accreditation status, including
70 identification of the accrediting agency.
71 4. The program’s probationary status.
72 5. The program’s average graduate passage rate rates for
73 the most recent 2 calendar years.
74 6. Each program’s retention rates for students tracked from
75 program entry to graduation.
76 (c) The average graduate passage rate rates for United
77 States-educated United States educated, first-time test takers
78 on the National Council of State Boards of Nursing Licensing
79 Examination for the most recent 2 calendar years, as calculated
80 by the contract testing service of the National Council of State
81 Boards of Nursing. The average graduate passage rate must rates
82 shall be published separately for each type of comparable degree
83 program listed in paragraph (5)(a) subparagraph (5)(a)1.
84
85 The information required to be published under this subsection
86 shall be made available in a manner that allows interactive
87 searches and comparisons of individual programs selected by the
88 website user. The board shall update the Internet website at
89 least quarterly with the available information.
90 (5) ACCOUNTABILITY.—
91 (a)1. An approved program must achieve an average a
92 graduate passage rate of 80 percent or greater or be placed on
93 probationary status or terminated as provided in subparagraph
94 (5)(a)2 for first-time test takers which is not more than 10
95 percentage points lower than the average passage rate during the
96 same calendar year for graduates of comparable degree programs
97 who are United States educated, first-time test takers on the
98 National Council of State Boards of Nursing Licensing
99 Examination, as calculated by the contract testing service of
100 the National Council of State Boards of Nursing. For purposes of
101 this subparagraph, an approved program is comparable to all
102 degree programs of the same program type from among the
103 following program types:
104 a. Professional nursing education programs that terminate
105 in a bachelor’s degree.
106 b. Professional nursing education programs that terminate
107 in an associate degree.
108 c. Professional nursing education programs that terminate
109 in a diploma.
110 d. Practical nursing education programs.
111 2. If an approved program’s average graduate passage rate
112 does rates do not equal or exceed the average graduate required
113 passage rate required in subparagraph 1. rates for 2 consecutive
114 calendar years, the board shall place the program on
115 probationary status pursuant to chapter 120 and the program
116 director shall appear before the board to present a plan for
117 remediation, which shall include specific benchmarks to identify
118 progress toward the required average a graduate passage rate
119 goal. The program must remain on probationary status until it
120 achieves an average a graduate passage rate that equals or
121 exceeds the required average graduate passage rate for any 1
122 calendar year. The board shall deny a program application for a
123 new prelicensure nursing education program submitted by an
124 educational institution if the institution has an existing
125 program that is already on probationary status.
126 3. Upon the program’s achievement of a graduate passage
127 rate of 80 percent or greater for test takers who took the NCLEX
128 during the most recent calendar year and do not fail the
129 examination more than three consecutive times pursuant to s.
130 464.008(3) that equals or exceeds the required passage rate, the
131 board, at its next regularly scheduled meeting following release
132 of the program’s average graduate passage rate by the National
133 Council of State Boards of Nursing, shall remove the program’s
134 probationary status. If the program, during the 2 calendar years
135 following its placement on probationary status, does not achieve
136 the required average graduate passage rate for any 1 calendar
137 year, the board may extend the program’s probationary status for
138 1 additional year, provided the program has demonstrated
139 adequate progress toward achieving the required average graduate
140 passage rate goal by meeting a majority of the benchmarks
141 established in the remediation plan. If the program is not
142 granted the 1-year extension or fails to achieve the required
143 average graduate passage rate by the end of such extension, the
144 board shall terminate the program pursuant to chapter 120.
145 (b) If an approved program fails to submit the annual
146 report required in subsection (3), the board shall notify the
147 program director and president or chief executive officer of the
148 educational institution in writing within 15 days after the due
149 date of the annual report. The program director shall appear
150 before the board at the board’s next regularly scheduled meeting
151 to explain the reason for the delay. The board shall terminate
152 the program pursuant to chapter 120 if the program director
153 fails to appear before the board, as required under this
154 paragraph, or if the program does not submit the annual report
155 within 6 months after the due date.
156 (c) A nursing education program, whether accredited or
157 nonaccredited, which has been placed on probationary status
158 shall disclose its probationary status in writing to the
159 program’s students and applicants. The notification must include
160 an explanation of the implications of the program’s probationary
161 status on the students or applicants.
162 (d) If students from a program that is terminated pursuant
163 to this subsection transfer to an approved or an accredited
164 program under the direction of the Commission for Independent
165 Education, the board shall recalculate the passage rates of the
166 programs receiving the transferring students, excluding the test
167 scores of those students transferring more than 12 credits.
168 (e) For each student who fails to pass the NCLEX on his or
169 her first attempt, and for at least 1 calendar year following
170 his or her graduation date, an approved program must provide
171 such student information about remediation programs designed to
172 assist the student in passing the NCLEX.
173 (f) The average graduate passage rate of an approved
174 program for calendar years 2020 and 2021, as determined by the
175 contract testing service of the National Council of State Boards
176 of Nursing, may not be considered by the board in any manner
177 when determining whether to take any adverse action against an
178 approved program, such as placing or continuing an approved
179 program on probationary status or terminating an existing
180 approved program that is already on probationary status.
181 (g) It is the intent of the Legislature that the amendment
182 to this subsection apply retroactively to January 1, 2021, to
183 prevent the board from placing or continuing an approved program
184 on probationary status or terminating an existing approved
185 program that is already on probationary status.
186 Section 3. Subsection (2) of section 960.28, Florida
187 Statutes, is amended to read:
188 960.28 Payment for victims’ initial forensic physical
189 examinations.—
190 (2) The Crime Victims’ Services Office of the department
191 shall pay for medical expenses connected with an initial
192 forensic physical examination of a victim of sexual battery as
193 defined in chapter 794 or a lewd or lascivious offense as
194 defined in chapter 800. Such payment shall be made regardless of
195 whether the victim is covered by health or disability insurance
196 and whether the victim participates in the criminal justice
197 system or cooperates with law enforcement. The payment shall be
198 made only out of moneys allocated to the Crime Victims’ Services
199 Office for the purposes of this section, and the payment may not
200 exceed $1,000 with respect to any violation. The department
201 shall develop and maintain separate protocols for the initial
202 forensic physical examination of adults and children. Payment
203 under this section is limited to medical expenses connected with
204 the initial forensic physical examination, and payment may be
205 made to a medical provider using an examiner qualified under
206 part I of chapter 464, excluding s. 464.003(15) s. 464.003(14);
207 chapter 458; or chapter 459. Payment made to the medical
208 provider by the department shall be considered by the provider
209 as payment in full for the initial forensic physical examination
210 associated with the collection of evidence. The victim may not
211 be required to pay, directly or indirectly, the cost of an
212 initial forensic physical examination performed in accordance
213 with this section.
214 Section 4. This act shall take effect July 1, 2021.
215
216 ================= T I T L E A M E N D M E N T ================
217 And the title is amended as follows:
218 Delete everything before the enacting clause
219 and insert:
220 A bill to be entitled
221 An act relating to nursing programs; amending s.
222 464.003, F.S.; defining the terms “average graduate
223 passage rate” and “test takers”; amending s. 464.019,
224 F.S.; revising requirements for an annual report
225 submitted by approved nursing programs; revising
226 specified information that the Board of Nursing must
227 publish on its website; revising graduate passage rate
228 requirements for approved nursing programs; requiring
229 nursing programs to provide specified information to
230 students who fail to pass a certain examination on
231 their first attempt; prohibiting the board from
232 considering average graduate passage rates from the
233 2020 and 2021 calendar years when making certain
234 determinations; providing for retroactive
235 applicability; amending s. 960.28, F.S.; correcting a
236 cross-reference; providing an effective date.