House Bill hb1843

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    Florida House of Representatives - 2001                HB 1843

        By the Committee on Health Regulation and Representatives
    Farkas, Sobel, Alexander, Ritter, Harrell and Wishner





  1                      A bill to be entitled

  2         An act relating to nursing; amending s.

  3         240.4075, F.S.; transferring the Nursing

  4         Student Loan Forgiveness Program from the

  5         Department of Education to the Department of

  6         Health; including public schools, family

  7         practice teaching hospitals, and specialty

  8         hospitals for children as eligible facilities

  9         under the program; exempting such facilities

10         from the fund-matching requirements of the

11         program; amending s. 240.4076, F.S.;

12         transferring the nursing scholarship program

13         from the Department of Education to the

14         Department of Health; providing requirements

15         under the program for students seeking to

16         qualify for a nursing faculty position and

17         receive credit for work in such a position;

18         including nursing homes, hospitals, public

19         schools, colleges of nursing, and community

20         college nursing programs as eligible facilities

21         under the program; transferring powers, duties,

22         functions, rules, records, personnel, property,

23         and appropriations and other funds relating to

24         the Nursing Student Loan Forgiveness Program

25         and the nursing scholarship program from the

26         Department of Education to the Department of

27         Health; amending s. 240.40201, F.S.; granting

28         nursing students priority in receiving a

29         Florida Bright Futures Scholarship; amending s.

30         464.005, F.S.; providing for future relocation

31         of the headquarters of the Board of Nursing;

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  1         amending s. 464.008, F.S.; revising education

  2         requirements for licensure by examination;

  3         amending s. 464.009, F.S.; revising

  4         requirements for licensure by endorsement;

  5         requiring submission of fingerprints for a

  6         criminal history check and a fee to cover the

  7         costs of such check; providing for an

  8         electronic applicant notification process;

  9         amending s. 464.0205, F.S.; deleting the

10         application and processing fee for applicants

11         for a retired volunteer nurse certificate;

12         providing effective dates.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Section 240.4075, Florida Statutes, is

17  amended to read:

18         240.4075  Nursing Student Loan Forgiveness Program.--

19         (1)  To encourage qualified personnel to seek

20  employment in areas of this state in which critical nursing

21  shortages exist, there is established the Nursing Student Loan

22  Forgiveness Program.  The primary function of the program is

23  to increase employment and retention of registered nurses and

24  licensed practical nurses in nursing homes and hospitals in

25  the state and in state-operated medical and health care

26  facilities, public schools, birth centers, and federally

27  sponsored community health centers and teaching hospitals by

28  making repayments toward loans received by students from

29  federal or state programs or commercial lending institutions

30  for the support of postsecondary study in accredited or

31  approved nursing programs.

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  1         (2)  To be eligible, a candidate must have graduated

  2  from an accredited or approved nursing program and have

  3  received a Florida license as a licensed practical nurse or a

  4  registered nurse or a Florida certificate as an advanced

  5  registered nurse practitioner.

  6         (3)  Only loans to pay the costs of tuition, books, and

  7  living expenses shall be covered, at an amount not to exceed

  8  $4,000 for each year of education towards the degree obtained.

  9         (4)  Receipt of funds pursuant to this program shall be

10  contingent upon continued proof of employment in the

11  designated facilities in this state. Loan principal payments

12  shall be made by the Department of Health Education directly

13  to the federal or state programs or commercial lending

14  institutions holding the loan as follows:

15         (a)  Twenty-five percent of the loan principal and

16  accrued interest shall be retired after the first year of

17  nursing;

18         (b)  Fifty percent of the loan principal and accrued

19  interest shall be retired after the second year of nursing;

20         (c)  Seventy-five percent of the loan principal and

21  accrued interest shall be retired after the third year of

22  nursing; and

23         (d)  The remaining loan principal and accrued interest

24  shall be retired after the fourth year of nursing.

25

26  In no case may payment for any nurse exceed $4,000 in any

27  12-month period.

28         (5)  There is created the Nursing Student Loan

29  Forgiveness Trust Fund to be administered by the Department of

30  Health Education pursuant to this section and s. 240.4076 and

31  department rules.  The Comptroller shall authorize

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  1  expenditures from the trust fund upon receipt of vouchers

  2  approved by the Department of Health Education. All moneys

  3  collected from the private health care industry and other

  4  private sources for the purposes of this section shall be

  5  deposited into the Nursing Student Loan Forgiveness Trust

  6  Fund. Any balance in the trust fund at the end of any fiscal

  7  year shall remain therein and shall be available for carrying

  8  out the purposes of this section and s. 240.4076.

  9         (6)  In addition to licensing fees imposed under part I

10  of chapter 464, there is hereby levied and imposed an

11  additional fee of $5, which fee shall be paid upon licensure

12  or renewal of nursing licensure. Revenues collected from the

13  fee imposed in this subsection shall be deposited in the

14  Nursing Student Loan Forgiveness Trust Fund of the Department

15  of Health Education and will be used solely for the purpose of

16  carrying out the provisions of this section and s. 240.4076.

17  Up to 50 percent of the revenues appropriated to implement

18  this subsection may be used for the nursing scholarship

19  program established pursuant to s. 240.4076.

20         (7)(a)  Funds contained in the Nursing Student Loan

21  Forgiveness Trust Fund which are to be used for loan

22  forgiveness for those nurses employed by hospitals, birth

23  centers, and nursing homes must be matched on a

24  dollar-for-dollar basis by contributions from the employing

25  institutions, except that this provision shall not apply to

26  state-operated medical and health care facilities, public

27  schools, county health departments, federally sponsored

28  community health centers, or teaching hospitals as defined in

29  s. 408.07, family practice teaching hospitals as defined in s.

30  395.805, or specialty hospitals for children as used in s.

31  409.9119. If in any given fiscal quarter there are

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  1  insufficient funds in the trust fund to grant all eligible

  2  applicant requests, awards shall be based on the following

  3  priority of employer:  county health departments; federally

  4  sponsored community health centers; state-operated medical and

  5  health care facilities; public schools; teaching hospitals as

  6  defined in s. 408.07; family practice teaching hospitals as

  7  defined in s. 395.805; specialty hospitals for children as

  8  used in s. 409.9119; and other hospitals, birth centers, and

  9  nursing homes.

10         (b)  All Nursing Student Loan Forgiveness Trust Fund

11  moneys shall be invested pursuant to s. 18.125.  Interest

12  income accruing to that portion of the trust fund not matched

13  shall increase the total funds available for loan forgiveness

14  and scholarships. Pledged contributions shall not be eligible

15  for matching prior to the actual collection of the total

16  private contribution for the year.

17         (8)  The Department of Health Education may solicit

18  technical assistance relating to the conduct of this program

19  from the Department of Education Health.

20         (9)  The Department of Health Education is authorized

21  to recover from the Nursing Student Loan Forgiveness Trust

22  Fund its costs for administering the Nursing Student Loan

23  Forgiveness Program.

24         (10)  The Department of Health Education may adopt

25  rules necessary to administer this program.

26         (11)  This section shall be implemented only as

27  specifically funded.

28         Section 2.  Section 240.4076, Florida Statutes, is

29  amended to read:

30         240.4076  Nursing scholarship program.--

31

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  1         (1)  There is established within the Department of

  2  Health Education a scholarship program for the purpose of

  3  attracting capable and promising students to the nursing

  4  profession.

  5         (2)  A scholarship applicant shall be enrolled as a

  6  full-time or part-time student in the upper division of an

  7  approved nursing program leading to the award of a

  8  baccalaureate degree or graduate degree to qualify for a

  9  nursing faculty position or as an or any advanced registered

10  nurse practitioner degree or be enrolled as a full-time or

11  part-time student in an approved program leading to the award

12  of an associate degree in nursing or a diploma in nursing.

13         (3)  A scholarship may be awarded for no more than 2

14  years, in an amount not to exceed $8,000 per year.  However,

15  registered nurses pursuing a graduate degree for a faculty

16  position or to practice as an advanced registered nurse

17  practitioner degree may receive up to $12,000 per year.

18  Beginning July 1, 1998, these amounts shall be adjusted by the

19  amount of increase or decrease in the consumer price index for

20  urban consumers published by the United States Department of

21  Commerce.

22         (4)  Credit for repayment of a scholarship shall be as

23  follows:

24         (a)  For each full year of scholarship assistance, the

25  recipient agrees to work for 12 months in a faculty position

26  in a college of nursing or community college nursing program

27  in this state or at a health care facility in a medically

28  underserved area as approved by the Department of Health

29  Education. Scholarship recipients who attend school on a

30  part-time basis shall have their employment service obligation

31

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  1  prorated in proportion to the amount of scholarship payments

  2  received.

  3         (b)  Eligible health care facilities include nursing

  4  homes and hospitals in this state, state-operated medical or

  5  health care facilities, public schools, county health

  6  departments, federally sponsored community health centers,

  7  colleges of nursing in universities in this state, and

  8  community college nursing programs in this state or teaching

  9  hospitals as defined in s. 408.07. The recipient shall be

10  encouraged to complete the service obligation at a single

11  employment site.  If continuous employment at the same site is

12  not feasible, the recipient may apply to the department for a

13  transfer to another approved health care facility.

14         (c)  Any recipient who does not complete an appropriate

15  program of studies or who does not become licensed shall repay

16  to the Department of Health Education, on a schedule to be

17  determined by the department, the entire amount of the

18  scholarship plus 18 percent interest accruing from the date of

19  the scholarship payment. Moneys repaid shall be deposited into

20  the Nursing Student Loan Forgiveness Trust Fund established in

21  s. 240.4075.  However, the department may provide additional

22  time for repayment if the department finds that circumstances

23  beyond the control of the recipient caused or contributed to

24  the default.

25         (d)  Any recipient who does not accept employment as a

26  nurse at an approved health care facility or who does not

27  complete 12 months of approved employment for each year of

28  scholarship assistance received shall repay to the Department

29  of Health Education an amount equal to two times the entire

30  amount of the scholarship plus interest accruing from the date

31  of the scholarship payment at the maximum allowable interest

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  1  rate permitted by law.  Repayment shall be made within 1 year

  2  of notice that the recipient is considered to be in default.

  3  However, the department may provide additional time for

  4  repayment if the department finds that circumstances beyond

  5  the control of the recipient caused or contributed to the

  6  default.

  7         (5)  Scholarship payments shall be transmitted to the

  8  recipient upon receipt of documentation that the recipient is

  9  enrolled in an approved nursing program. The Department of

10  Health Education shall develop a formula to prorate payments

11  to scholarship recipients so as not to exceed the maximum

12  amount per academic year.

13         (6)  The Department of Health Education shall adopt

14  rules, including rules to address extraordinary circumstances

15  that may cause a recipient to default on either the school

16  enrollment or employment contractual agreement, to implement

17  this section and may solicit technical assistance relating to

18  the conduct of this program from the Department of Health.

19         (7)  The Department of Health Education is authorized

20  to recover from the Nursing Student Loan Forgiveness Trust

21  Fund its costs for administering the nursing scholarship

22  program.

23         Section 3.  All powers, duties, and functions, rules,

24  records, personnel, property, and unexpended balances of

25  appropriations, allocations, or other funds of the Department

26  of Education relating to the Nursing Student Loan Forgiveness

27  Program and the nursing scholarship program are transferred by

28  a type two transfer, as defined in s. 20.06(2), Florida

29  Statutes, to the Department of Health.

30         Section 4.  Subsection (11) is added to section

31  240.40201, Florida Statutes, to read:

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  1         240.40201  Florida Bright Futures Scholarship

  2  Program.--

  3         (11)  Students who enroll full time or part time in

  4  nursing shall be given priority for a Florida Bright Futures

  5  Scholarship.

  6         Section 5.  Effective July 1, 2003, section 464.005,

  7  Florida Statutes, is amended to read:

  8         464.005  Board headquarters.--The board shall maintain

  9  its official headquarters in Tallahassee the city in which it

10  has been domiciled for the past 5 years.

11         Section 6.  Subsections (1) and (2) of section 464.008,

12  Florida Statutes, are amended to read:

13         464.008  Licensure by examination.--

14         (1)  Any person desiring to be licensed as a registered

15  nurse or licensed practical nurse shall apply to the

16  department to take the licensure examination.  The department

17  shall examine each applicant who:

18         (a)  Has completed the application form and remitted a

19  fee set by the board not to exceed $150 and has remitted an

20  examination fee set by the board not to exceed $75 plus the

21  actual per applicant cost to the department for purchase of

22  the examination from the National Council of State Boards of

23  Nursing or a similar national organization.

24         (b)  Has provided sufficient information on or after

25  October 1, 1989, which must be submitted by the department for

26  a statewide criminal records correspondence check through the

27  Department of Law Enforcement.

28         (c)  Is in good mental and physical health, is a

29  recipient of a high school diploma or the equivalent, and has

30  completed the requirements for graduation from an approved

31  program, or its equivalent as determined by the board, for the

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  1  preparation of registered nurses or licensed practical nurses,

  2  whichever is applicable.  Courses successfully completed in a

  3  professional nursing program which are at least equivalent to

  4  a practical nursing program may be used to satisfy the

  5  education requirements for licensure as a licensed practical

  6  nurse.

  7         (d)  Has the ability to communicate in the English

  8  language, which may be determined by an examination given by

  9  the department.

10         (2)  Each applicant who passes the examination and

11  provides proof of meeting the educational requirements

12  specified in subsection (1) graduation from an approved

13  nursing program shall, unless denied pursuant to s. 464.018,

14  be entitled to licensure as a registered professional nurse or

15  a licensed practical nurse, whichever is applicable.

16         Section 7.  Section 464.009, Florida Statutes, is

17  amended to read:

18         464.009  Licensure by endorsement.--

19         (1)  The department shall issue the appropriate license

20  by endorsement to practice professional or practical nursing

21  to an applicant who, upon applying to the department and

22  remitting a fee set by the board not to exceed $100,

23  demonstrates to the board that he or she:

24         (a)  Holds a valid license to practice professional or

25  practical nursing in another state of the United States,

26  provided that, when the applicant secured his or her original

27  license, the requirements for licensure were substantially

28  equivalent to or more stringent than those existing in Florida

29  at that time; or

30         (b)  Meets the qualifications for licensure in s.

31  464.008 and has successfully completed a state, regional, or

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  1  national examination which is substantially equivalent to or

  2  more stringent than the examination given by the department.

  3         (2)  Such examinations and requirements from other

  4  states shall be presumed to be substantially equivalent to or

  5  more stringent than those in this state.  Such presumption

  6  shall not arise until January 1, 1980. However, the board may,

  7  by rule, specify states the examinations and requirements of

  8  which shall not be presumed to be substantially equivalent to

  9  those of this state.

10         (3)  The applicant must submit to the department a set

11  of fingerprints on a form and under procedures specified by

12  the department, along with a payment in an amount equal to the

13  costs incurred by the Department of Health for the criminal

14  background check of the applicant. The Department of Health

15  shall submit the fingerprints provided by the applicant to the

16  Florida Department of Law Enforcement for a statewide criminal

17  history check, and the Florida Department of Law Enforcement

18  shall forward the fingerprints to the Federal Bureau of

19  Investigation for a national criminal history check of the

20  applicant. The Department of Health shall review the results

21  of the criminal history check, issue a license to an applicant

22  who has met all of the other requirements for licensure and

23  has no criminal history, and shall refer all applicants with

24  criminal histories back to the board for determination as to

25  whether a license should be issued and under what conditions.

26         (4)(3)  The department shall not issue a license by

27  endorsement to any applicant who is under investigation in

28  another state for an act which would constitute a violation of

29  this part or chapter 456 until such time as the investigation

30  is complete, at which time the provisions of s. 464.018 shall

31  apply.

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  1         (5)  The department shall develop an electronic

  2  applicant notification process and provide electronic

  3  notification when the application has been received and when

  4  background screenings have been completed, and shall issue a

  5  license within 30 days after completion of all required data

  6  collection and verification. This 30-day period to issue a

  7  license shall be tolled if the applicant must appear before

  8  the board due to information provided on the application or

  9  obtained through screening and data collection and

10  verification procedures.

11         Section 8.  Subsection (1) of section 464.0205, Florida

12  Statutes, is amended to read:

13         464.0205  Retired volunteer nurse certificate.--

14         (1)  Any retired practical or registered nurse desiring

15  to serve indigent, underserved, or critical need populations

16  in this state may apply to the department for a retired

17  volunteer nurse certificate by providing:

18         (a)  A complete application.

19         (b)  An application and processing fee of $25.

20         (b)(c)  Verification that the applicant had been

21  licensed to practice nursing in any jurisdiction in the United

22  States for at least 10 years, had retired or plans to retire,

23  intends to practice nursing only pursuant to the limitations

24  provided by the retired volunteer nurse certificate, and has

25  not committed any act that would constitute a violation under

26  s. 464.018(1).

27         (c)(d)  Proof that the applicant meets the requirements

28  for licensure under s. 464.008 or s. 464.009.

29         Section 9.  Except as otherwise provided herein, this

30  act shall take effect July 1, 2001.

31

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Transfers the Nursing Student Loan Forgiveness Program
  4    from the Department of Education to the Department of
      Health. Includes public schools, family practice teaching
  5    hospitals, and specialty hospitals for children as
      eligible facilities under the program. Exempts such
  6    facilities from the fund-matching requirements of the
      program.
  7

  8    Transfers the nursing scholarship program from the
      Department of Education to the Department of Health.
  9    Provides requirements under the program for students
      seeking to qualify for a nursing faculty position and
10    receive credit for work in such a position. Includes
      nursing homes, hospitals, public schools, colleges of
11    nursing, and community college nursing programs as
      eligible facilities under the program.
12

13    Transfers powers, duties, functions, rules, records,
      personnel, property, and appropriations and other funds
14    relating to the Nursing Student Loan Forgiveness Program
      and the nursing scholarship program from the Department
15    of Education to the Department of Health.

16
      Grants nursing students priority in receiving a Florida
17    Bright Futures Scholarship.

18
      Provides for future relocation of the headquarters of the
19    Board of Nursing. Revises education requirements for
      nursing licensure by examination. Revises requirements
20    for nursing licensure by endorsement. Requires submission
      of fingerprints for a criminal history check and a fee to
21    cover the costs of such check. Provides for an electronic
      applicant notification process. Deletes the application
22    and processing fee for applicants for a retired volunteer
      nurse certificate. See bill for details.
23

24

25

26

27

28

29

30

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