Florida Senate - 2021                                    SB 1296
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-01171B-21                                           20211296__
    1                        A bill to be entitled                      
    2         An act relating to nursing programs; amending s.
    3         464.003, F.S.; defining the terms “average graduate
    4         passage rate” and “test takers”; amending s. 464.019,
    5         F.S.; revising requirements for an annual report
    6         submitted by approved nursing programs; revising
    7         specified information that the Board of Nursing must
    8         publish on its website; revising graduate passage rate
    9         requirements for approved nursing programs; providing
   10         that certain requirements for nursing programs apply
   11         beginning in a specified year; requiring nursing
   12         programs to offer remediation programs to students who
   13         fail to pass a certain examination on their first
   14         attempt; prohibiting the board from considering
   15         average graduate passage rates from the 2020 and 2021
   16         calendar years when making certain determinations;
   17         providing for retroactive applicability; amending s.
   18         960.28, F.S.; correcting a cross-reference; providing
   19         an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (6) through (13) of section
   24  464.003, Florida Statutes, are redesignated as subsections (7)
   25  through (14), respectively, present subsection (14) is
   26  redesignated as subsection (6) and amended, and subsection (22)
   27  of that section is amended, to read:
   28         464.003 Definitions.—As used in this part, the term:
   29         (6)(14) “Average graduate passage rate” means the
   30  percentage of a program’s test takers graduates who, as first
   31  time test takers, pass the National Council of State Boards of
   32  Nursing Licensing Examination (NCLEX) during the most recent 2
   33  consecutive a calendar years year, as calculated by the contract
   34  testing service of the National Council of State Boards of
   35  Nursing. The term includes all test takers as defined in this
   36  section regardless of the number of times the student takes the
   37  NCLEX.
   38         (22) “Test takers” means those graduates who take the NCLEX
   39  within 1 year after their graduation date “Required passage
   40  rate” means the graduate passage rate required for an approved
   41  program pursuant to s. 464.019(5)(a).
   42         Section 2. Subsections (3), (4), and (5), paragraph (a) of
   43  subsection (9), and paragraph (f) of subsection (11) of section
   44  464.019, Florida Statutes, are amended to read:
   45         464.019 Approval of nursing education programs.—
   46         (3) ANNUAL REPORT.—By February November 1 of each year,
   47  each approved program shall submit to the board an annual report
   48  composed comprised of an affidavit certifying continued
   49  compliance with subsection (1), a summary description of the
   50  program’s compliance with subsection (1), and documentation for
   51  the previous calendar academic year which that, to the extent
   52  applicable, describes:
   53         (a) The number of student applications received, qualified
   54  applicants, applicants accepted, accepted applicants who enroll
   55  in the program, students enrolled in the program, and program
   56  graduates.
   57         (b) The program’s retention rates for students tracked from
   58  program entry to graduation.
   59         (c) The program’s average graduate passage rate.
   60         (d) The program’s accreditation status, including
   61  identification of the accrediting agency.
   62         (4) INTERNET WEBSITE.—The board shall publish the following
   63  information on its Internet website:
   64         (a) A list of each accredited program conducted in this the
   65  state and the program’s average graduate passage rate rates for
   66  the most recent 2 calendar years, which the department shall
   67  determine through the following sources:
   68         1. For a program’s accreditation status, the specialized
   69  accrediting agencies that are nationally recognized by the
   70  United States Secretary of Education to accredit nursing
   71  education programs.
   72         2. For a program’s average graduate passage rate rates, the
   73  contract testing service of the National Council of State Boards
   74  of Nursing and the approved program.
   75         (b) The following data for each approved program, which
   76  includes, to the extent applicable:
   77         1. All documentation provided by the program in its program
   78  application.
   79         2. The summary description of the program’s compliance
   80  submitted under subsection (3).
   81         3. The program’s accreditation status, including
   82  identification of the accrediting agency.
   83         4. The program’s probationary status.
   84         5. The program’s average graduate passage rate rates for
   85  the most recent 2 calendar years.
   86         6. Each program’s retention rates for students tracked from
   87  program entry to graduation.
   88         (c) The average graduate passage rate rates for United
   89  States-educated United States educated, first-time test takers
   90  on the National Council of State Boards of Nursing Licensing
   91  Examination for the most recent 2 calendar years, as calculated
   92  by the contract testing service of the National Council of State
   93  Boards of Nursing. The average graduate passage rate must rates
   94  shall be published separately for each type of comparable degree
   95  program listed in paragraph (5)(a) subparagraph (5)(a)1.
   96  
   97  The information required to be published under this subsection
   98  shall be made available in a manner that allows interactive
   99  searches and comparisons of individual programs selected by the
  100  website user. The board shall update the Internet website at
  101  least quarterly with the available information.
  102         (5) ACCOUNTABILITY.—
  103         (a)1. An approved program must achieve an average a
  104  graduate passage rate of 75 percent or greater than the most
  105  recent national average graduate passage rate or be placed on
  106  probationary status or terminated as provided in paragraph (b)
  107  for first-time test takers which is not more than 10 percentage
  108  points lower than the average passage rate during the same
  109  calendar year for graduates of comparable degree programs who
  110  are United States educated, first-time test takers on the
  111  National Council of State Boards of Nursing Licensing
  112  Examination, as calculated by the contract testing service of
  113  the National Council of State Boards of Nursing. For purposes of
  114  this paragraph subparagraph, an approved program is comparable
  115  to all degree programs of the same program type from among the
  116  following program types:
  117         1.a. Professional nursing education programs that terminate
  118  in a bachelor’s degree.
  119         2.b. Professional nursing education programs that terminate
  120  in an associate degree.
  121         3.c. Professional nursing education programs that terminate
  122  in a diploma.
  123         4.d. Practical nursing education programs.
  124         (b)Beginning in calendar year 2022, all of the following
  125  requirements apply:
  126         1.By February 1 of each calendar year, approved programs,
  127  in consultation with the board, must report all of the following
  128  information for the 2 most recent consecutive calendar years to
  129  the board:
  130         a.The names and number of students who graduated, along
  131  with their graduation dates, and who took, passed, or failed the
  132  NCLEX, and the number of times each student took the NCLEX.
  133         b.The percentage of graduates who failed the NCLEX a third
  134  time compared to the number of graduates who took the NCLEX.
  135         c.The number of graduates who were offered the remediation
  136  program, their graduation dates, and the names of students who
  137  participated in the remediation program.
  138         d. The average graduate passage rate and whether the
  139  approved program has met or exceeded the average graduate
  140  passage rate required in paragraph (a).
  141         2.Upon receipt of the information in subparagraph 1., the
  142  board shall prepare a report detailing the average graduate
  143  passage rate for each approved program and shall provide such
  144  report to each approved program.
  145         3. Upon receipt of the board’s report, an approved program
  146  has 30 calendar days to provide additional information to the
  147  board if there are any disputes relating to the information the
  148  board used to prepare the report.
  149         4. After the board receives all required or additional
  150  information, the board shall issue a final report detailing the
  151  average graduate passage rate for each approved program in
  152  accordance with this subsection.
  153         5.2. If an approved program’s average graduate passage rate
  154  does rates do not equal or exceed the average graduate required
  155  passage rate required in paragraph (a) rates for 2 consecutive
  156  calendar years, the board shall place the program on
  157  probationary status pursuant to chapter 120 and the program
  158  director shall appear before the board to present a plan for
  159  remediation, which shall include specific benchmarks to identify
  160  progress toward the required average a graduate passage rate
  161  goal. The program must remain on probationary status until it
  162  achieves an average a graduate passage rate that equals or
  163  exceeds the required average graduate passage rate for any 1
  164  calendar year. The board shall deny a program application for a
  165  new prelicensure nursing education program submitted by an
  166  educational institution if the institution has an existing
  167  program that is already on probationary status.
  168         6.3. Upon the program’s achievement of an average a
  169  graduate passage rate that equals or exceeds the required
  170  average graduate passage rate, the board shall remove the
  171  program’s probationary status, at its next regularly scheduled
  172  meeting following release of the program’s average graduate
  173  passage rate by the National Council of State Boards of Nursing,
  174  shall remove the program’s probationary status.
  175         7. If the program, during the 2 calendar years following
  176  its placement on probationary status, does not achieve the
  177  required average graduate passage rate for any 1 calendar year,
  178  the board may extend the program’s probationary status for 1
  179  additional year, provided the program has demonstrated adequate
  180  progress toward achieving the required average graduate passage
  181  rate goal by meeting a majority of the benchmarks established in
  182  the remediation plan.
  183         8. If the program is not granted the 1-year extension or
  184  fails to achieve the required average graduate passage rate by
  185  the end of such extension, the board shall terminate the program
  186  pursuant to chapter 120.
  187         (c)For each student who fails to pass the NCLEX on his or
  188  her first attempt, and for at least 1 calendar year following
  189  his or her graduation date, an approved program must offer such
  190  student a remediation program designed to assist the student in
  191  passing the NCLEX.
  192         (d)(b) If an approved program fails to submit the annual
  193  report required in subsection (3), the board shall notify the
  194  program director and president or chief executive officer of the
  195  educational institution in writing within 15 days after the due
  196  date of the annual report. The program director shall appear
  197  before the board at the board’s next regularly scheduled meeting
  198  to explain the reason for the delay. The board shall terminate
  199  the program pursuant to chapter 120 if the program director
  200  fails to appear before the board, as required under this
  201  paragraph, or if the program does not submit the annual report
  202  within 6 months after the due date.
  203         (e)(c) A nursing education program, whether accredited or
  204  nonaccredited, which has been placed on probationary status
  205  shall disclose its probationary status in writing to the
  206  program’s students and applicants. The notification must include
  207  an explanation of the implications of the program’s probationary
  208  status on the students or applicants.
  209         (f)(d) If students from a program that is terminated
  210  pursuant to this subsection transfer to an approved or an
  211  accredited program under the direction of the Commission for
  212  Independent Education, the board shall recalculate the passage
  213  rates of the programs receiving the transferring students,
  214  excluding the test scores of those students transferring more
  215  than 12 credits.
  216         (g)The board may not consider average graduate passage
  217  rates of any program for calendar years 2020 and 2021, as
  218  determined by the contract testing service of the National
  219  Council of State Boards of Nursing, in determining whether to
  220  take any adverse action against an approved program, such as
  221  placing or continuing a program on probationary status or
  222  terminating a program that is already on probationary status.
  223         (h)It is the intent of the Legislature that the amendment
  224  to this subsection apply retroactively to January 1, 2021, to
  225  prevent the board from placing or continuing an approved program
  226  on probationary status or terminating an existing approved
  227  program that is already on probationary status.
  228         (9) APPLICABILITY TO ACCREDITED PROGRAMS.—
  229         (a) Subsections (1)-(3), paragraph (4)(b), and paragraph
  230  (5)(d) (5)(b) do not apply to an accredited program.
  231         (11) ACCREDITATION REQUIRED.—
  232         (f) An approved nursing education program may, no sooner
  233  than 90 days before the deadline for meeting the accreditation
  234  requirements of this subsection, apply to the board for an
  235  extension of the accreditation deadline for a period which does
  236  not exceed 2 years. An additional extension may not be granted.
  237  In order to be eligible for the extension, the approved program
  238  must establish that it has a graduate passage rate of 60 percent
  239  or higher on the National Council of State Boards of Nursing
  240  Licensing Examination for the most recent calendar year and must
  241  meet a majority of the board’s additional criteria, including,
  242  but not limited to, all of the following:
  243         1. A student retention rate of 60 percent or higher for the
  244  most recent calendar year.
  245         2. A graduate work placement rate of 70 percent or higher
  246  for the most recent calendar year.
  247         3. The program has applied for approval or been approved by
  248  an institutional or programmatic accreditor recognized by the
  249  United States Department of Education.
  250         4. The program is in full compliance with subsections (1)
  251  and (3) and paragraph (5)(d) (5)(b).
  252         5. The program is not currently in its second year of
  253  probationary status under subsection (5).
  254  
  255  The applicable deadline under this paragraph is tolled from the
  256  date on which an approved program applies for an extension until
  257  the date on which the board issues a decision on the requested
  258  extension.
  259         Section 3. Subsection (2) of section 960.28, Florida
  260  Statutes, is amended to read:
  261         960.28 Payment for victims’ initial forensic physical
  262  examinations.—
  263         (2) The Crime Victims’ Services Office of the department
  264  shall pay for medical expenses connected with an initial
  265  forensic physical examination of a victim of sexual battery as
  266  defined in chapter 794 or a lewd or lascivious offense as
  267  defined in chapter 800. Such payment shall be made regardless of
  268  whether the victim is covered by health or disability insurance
  269  and whether the victim participates in the criminal justice
  270  system or cooperates with law enforcement. The payment shall be
  271  made only out of moneys allocated to the Crime Victims’ Services
  272  Office for the purposes of this section, and the payment may not
  273  exceed $1,000 with respect to any violation. The department
  274  shall develop and maintain separate protocols for the initial
  275  forensic physical examination of adults and children. Payment
  276  under this section is limited to medical expenses connected with
  277  the initial forensic physical examination, and payment may be
  278  made to a medical provider using an examiner qualified under
  279  part I of chapter 464, excluding s. 464.003(15) s. 464.003(14);
  280  chapter 458; or chapter 459. Payment made to the medical
  281  provider by the department shall be considered by the provider
  282  as payment in full for the initial forensic physical examination
  283  associated with the collection of evidence. The victim may not
  284  be required to pay, directly or indirectly, the cost of an
  285  initial forensic physical examination performed in accordance
  286  with this section.
  287         Section 4. This act shall take effect upon becoming a law.