Florida Senate - 2021                             CS for SB 1296
       
       
        
       By the Committee on Health Policy; and Senator Brodeur
       
       
       
       
       
       588-03616-21                                          20211296c1
    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; requiring
   10         nursing programs to provide specified information to
   11         students who fail to pass a certain examination on
   12         their first attempt; prohibiting the board from
   13         considering average graduate passage rates from the
   14         2020 and 2021 calendar years when making certain
   15         determinations; providing for retroactive
   16         applicability; amending s. 960.28, F.S.; correcting a
   17         cross-reference; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Present subsections (6) through (13) of section
   22  464.003, Florida Statutes, are redesignated as subsections (7)
   23  through (14), respectively, present subsection (14) of that
   24  section is redesignated as subsection (6) and amended, and
   25  subsection (22) of that section is amended, to read:
   26         464.003 Definitions.—As used in this part, the term:
   27         (6)(14) “Average graduate passage rate” means the
   28  percentage of a program’s test takers graduates who, as first
   29  time test takers, pass the National Council of State Boards of
   30  Nursing Licensing Examination (NCLEX) during the most recent 2
   31  consecutive a calendar years year, as calculated by the contract
   32  testing service of the National Council of State Boards of
   33  Nursing. The term includes all test takers as defined in this
   34  section.
   35         (22) “Test takers” means those graduates who take the NCLEX
   36  within 1 year after their graduation date and do not fail the
   37  examination more than three consecutive times pursuant to s.
   38  464.008(3) “Required passage rate” means the graduate passage
   39  rate required for an approved program pursuant to s.
   40  464.019(5)(a).
   41         Section 2. Subsections (3), (4), and (5) of section
   42  464.019, Florida Statutes, are amended to read:
   43         464.019 Approval of nursing education programs.—
   44         (3) ANNUAL REPORT.—By April November 1 of each year, each
   45  approved program shall submit to the board an annual report
   46  composed comprised of an affidavit certifying continued
   47  compliance with subsection (1), a summary description of the
   48  program’s compliance with subsection (1), and documentation for
   49  the previous calendar academic year that, to the extent
   50  applicable, describes:
   51         (a) The number of student applications received, qualified
   52  applicants, applicants accepted, accepted applicants who enroll
   53  in the program, students enrolled in the program, and program
   54  graduates.
   55         (b) The program’s retention rates for students tracked from
   56  program entry to graduation.
   57         (c)The program’s average graduate passage rate as defined
   58  in s. 464.003 or the program’s passage rate as calculated by the
   59  contract testing service of the National Council of State Boards
   60  of Nursing if the average passage rate is 80 percent or greater
   61  on the NCLEX for the prior calendar year.
   62         (d)(c) The program’s accreditation status, including
   63  identification of the accrediting agency.
   64         (e)The number of students who were provided information on
   65  available remediation programs pursuant to paragraph (5)(e).
   66         (4) INTERNET WEBSITE.—The board shall publish the following
   67  information on its Internet website:
   68         (a) A list of each accredited program conducted in the
   69  state and the program’s average graduate passage rate rates for
   70  the most recent 2 calendar years, which the department shall
   71  determine through the following sources:
   72         1. For a program’s accreditation status, the specialized
   73  accrediting agencies that are nationally recognized by the
   74  United States Secretary of Education to accredit nursing
   75  education programs.
   76         2. For a program’s average graduate passage rate rates, the
   77  contract testing service of the National Council of State Boards
   78  of Nursing and the approved program.
   79         (b) The following data for each approved program, which
   80  includes, to the extent applicable:
   81         1. All documentation provided by the program in its program
   82  application.
   83         2. The summary description of the program’s compliance
   84  submitted under subsection (3).
   85         3. The program’s accreditation status, including
   86  identification of the accrediting agency.
   87         4. The program’s probationary status.
   88         5. The program’s average graduate passage rate rates for
   89  the most recent 2 calendar years.
   90         6. Each program’s retention rates for students tracked from
   91  program entry to graduation.
   92         (c) The average graduate passage rate rates for United
   93  States-educated United States educated, first-time test takers
   94  on the National Council of State Boards of Nursing Licensing
   95  Examination for the most recent 2 calendar years, as calculated
   96  by the contract testing service of the National Council of State
   97  Boards of Nursing. The average graduate passage rate must rates
   98  shall be published separately for each type of comparable degree
   99  program listed in paragraph (5)(a) subparagraph (5)(a)1.
  100  
  101  The information required to be published under this subsection
  102  shall be made available in a manner that allows interactive
  103  searches and comparisons of individual programs selected by the
  104  website user. The board shall update the Internet website at
  105  least quarterly with the available information.
  106         (5) ACCOUNTABILITY.—
  107         (a)1. An approved program must achieve an average a
  108  graduate passage rate of 80 percent or greater or be placed on
  109  probationary status or terminated as provided in subparagraph 2
  110  for first-time test takers which is not more than 10 percentage
  111  points lower than the average passage rate during the same
  112  calendar year for graduates of comparable degree programs who
  113  are United States educated, first-time test takers on the
  114  National Council of State Boards of Nursing Licensing
  115  Examination, as calculated by the contract testing service of
  116  the National Council of State Boards of Nursing. For purposes of
  117  this subparagraph, an approved program is comparable to all
  118  degree programs of the same program type from among the
  119  following program types:
  120         a. Professional nursing education programs that terminate
  121  in a bachelor’s degree.
  122         b. Professional nursing education programs that terminate
  123  in an associate degree.
  124         c. Professional nursing education programs that terminate
  125  in a diploma.
  126         d. Practical nursing education programs.
  127         2. If an approved program’s average graduate passage rate
  128  does rates do not equal or exceed the average graduate required
  129  passage rate required in subparagraph 1. rates for 2 consecutive
  130  calendar years, the board shall place the program on
  131  probationary status pursuant to chapter 120 and the program
  132  director shall appear before the board to present a plan for
  133  remediation, which shall include specific benchmarks to identify
  134  progress toward the required average a graduate passage rate
  135  goal. The program must remain on probationary status until it
  136  achieves an average a graduate passage rate that equals or
  137  exceeds the required average graduate passage rate for any 1
  138  calendar year. The board shall deny a program application for a
  139  new prelicensure nursing education program submitted by an
  140  educational institution if the institution has an existing
  141  program that is already on probationary status.
  142         3. Upon the program’s achievement of a graduate passage
  143  rate of 80 percent or greater for test takers who took the NCLEX
  144  during the most recent calendar year and do not fail the
  145  examination more than three consecutive times pursuant to s.
  146  464.008(3) that equals or exceeds the required passage rate, the
  147  board, at its next regularly scheduled meeting following release
  148  of the program’s average graduate passage rate by the National
  149  Council of State Boards of Nursing, shall remove the program’s
  150  probationary status. If the program, during the 2 calendar years
  151  following its placement on probationary status, does not achieve
  152  the required average graduate passage rate for any 1 calendar
  153  year, the board may extend the program’s probationary status for
  154  1 additional year, provided the program has demonstrated
  155  adequate progress toward achieving the required average graduate
  156  passage rate goal by meeting a majority of the benchmarks
  157  established in the remediation plan. If the program is not
  158  granted the 1-year extension or fails to achieve the required
  159  average graduate passage rate by the end of such extension, the
  160  board shall terminate the program pursuant to chapter 120.
  161         (b) If an approved program fails to submit the annual
  162  report required in subsection (3), the board shall notify the
  163  program director and president or chief executive officer of the
  164  educational institution in writing within 15 days after the due
  165  date of the annual report. The program director shall appear
  166  before the board at the board’s next regularly scheduled meeting
  167  to explain the reason for the delay. The board shall terminate
  168  the program pursuant to chapter 120 if the program director
  169  fails to appear before the board, as required under this
  170  paragraph, or if the program does not submit the annual report
  171  within 6 months after the due date.
  172         (c) A nursing education program, whether accredited or
  173  nonaccredited, which has been placed on probationary status
  174  shall disclose its probationary status in writing to the
  175  program’s students and applicants. The notification must include
  176  an explanation of the implications of the program’s probationary
  177  status on the students or applicants.
  178         (d) If students from a program that is terminated pursuant
  179  to this subsection transfer to an approved or an accredited
  180  program under the direction of the Commission for Independent
  181  Education, the board shall recalculate the passage rates of the
  182  programs receiving the transferring students, excluding the test
  183  scores of those students transferring more than 12 credits.
  184         (e)For each student who fails to pass the NCLEX on his or
  185  her first attempt, and for at least 1 calendar year following
  186  his or her graduation date, an approved program must provide
  187  such student information about remediation programs designed to
  188  assist the student in passing the NCLEX.
  189         (f)The average graduate passage rate of an approved
  190  program for calendar years 2020 and 2021, as determined by the
  191  contract testing service of the National Council of State Boards
  192  of Nursing, may not be considered by the board in any manner
  193  when determining whether to take any adverse action against an
  194  approved program, such as placing or continuing an approved
  195  program on probationary status or terminating an existing
  196  approved program that is already on probationary status.
  197         (g)It is the intent of the Legislature that the amendment
  198  to this subsection apply retroactively to January 1, 2021, to
  199  prevent the board from placing or continuing an approved program
  200  on probationary status or terminating an existing approved
  201  program that is already on probationary status.
  202         Section 3. Subsection (2) of section 960.28, Florida
  203  Statutes, is amended to read:
  204         960.28 Payment for victims’ initial forensic physical
  205  examinations.—
  206         (2) The Crime Victims’ Services Office of the department
  207  shall pay for medical expenses connected with an initial
  208  forensic physical examination of a victim of sexual battery as
  209  defined in chapter 794 or a lewd or lascivious offense as
  210  defined in chapter 800. Such payment shall be made regardless of
  211  whether the victim is covered by health or disability insurance
  212  and whether the victim participates in the criminal justice
  213  system or cooperates with law enforcement. The payment shall be
  214  made only out of moneys allocated to the Crime Victims’ Services
  215  Office for the purposes of this section, and the payment may not
  216  exceed $1,000 with respect to any violation. The department
  217  shall develop and maintain separate protocols for the initial
  218  forensic physical examination of adults and children. Payment
  219  under this section is limited to medical expenses connected with
  220  the initial forensic physical examination, and payment may be
  221  made to a medical provider using an examiner qualified under
  222  part I of chapter 464, excluding s. 464.003(15) s. 464.003(14);
  223  chapter 458; or chapter 459. Payment made to the medical
  224  provider by the department shall be considered by the provider
  225  as payment in full for the initial forensic physical examination
  226  associated with the collection of evidence. The victim may not
  227  be required to pay, directly or indirectly, the cost of an
  228  initial forensic physical examination performed in accordance
  229  with this section.
  230         Section 4. This act shall take effect July 1, 2021.