Senate Bill sb1618

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    Florida Senate - 2002                                  SB 1618

    By Senator Saunders





    25-652A-02                                              See HB

  1                      A bill to be entitled

  2         An act relating to nursing shortage solutions;

  3         providing a short title; amending s. 445.012,

  4         F.S.; replacing the Careers for Florida's

  5         Future Incentive Grant Program with the Careers

  6         for Florida's Future Loan Forgiveness Program;

  7         providing for management of the program by the

  8         Office of Student Financial Assistance of the

  9         Department of Education; providing duties of

10         the department; providing criteria and

11         requirements of the program; deleting

12         provisions relating to authority and duties of

13         Workforce Florida, Inc.; deleting provisions

14         relating to awarding grants; creating the

15         Sunshine Workforce Solutions Grant Program;

16         providing legislative intent; providing

17         purposes; providing procedures, requirements,

18         and criteria for administering the program;

19         providing duties of the Department of

20         Education; amending s. 464.009, F.S.; revising

21         requirements for licensure by endorsement;

22         providing for future expiration; amending s.

23         464.019, F.S.; revising rulemaking authority of

24         the Board of Nursing relating to approval of

25         nursing programs; exempting certain nursing

26         programs from certain board rules under certain

27         circumstances; providing requirements;

28         repealing ss. 445.0121, 445.0122, 445.0123,

29         445.0124, 445.0125, F.S., relating to the

30         Careers for Florida's Future Incentive Grant

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1         Program provisions; providing an effective

  2         date.

  3

  4         WHEREAS, Florida is aggressively pursuing a K-20

  5  approach in dealing with educational issues, has many

  6  coordinated partnerships in place, and utilizes nationally

  7  recognized mechanisms such as dual enrollment, common course

  8  numbering, common prerequisites, standardized program lengths,

  9  and statewide A.S. to B.S. articulation, and

10         WHEREAS, there are areas of critical workforce

11  shortages that require such a coordinated K-20 effort from

12  middle school to graduate school to take advantage of

13  partnerships and mechanisms already in place as building

14  blocks, and

15         WHEREAS, the Florida vacancy rate for nurses is 16.2

16  percent and the number of A.S. degrees awarded in Florida has

17  declined at a time when 40 percent of the workforce will be

18  over the age of 50 by 2010, NOW, THEREFORE,

19

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

21

22         Section 1.  This act may be cited as the "Nursing

23  Shortage Solution Act."

24         Section 2.  Section 445.012, Florida Statutes, is

25  amended to read:

26         445.012  Careers for Florida's Future Loan Forgiveness

27  Incentive Grant Program.--

28         (1)  The Careers for Florida's Future Loan Forgiveness

29  Incentive Grant Program is created to encourage students in

30  this state to obtain degrees or certificates in postsecondary

31  programs that produce graduates with job skills in nursing

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  advanced technology which are critical to the economic future

  2  of this state. The program shall provide for forgiveness of

  3  loans a forgivable loan that require requires a student to

  4  enroll in and complete an eligible program and then to

  5  maintain employment in an eligible occupation in this state

  6  for 1 year for each year of loan forgiveness grant receipt.

  7  The recipient must begin repayment of the grant 1 year after

  8  the recipient is no longer enrolled in an eligible institution

  9  or completes the program, unless the recipient obtains

10  employment in an eligible occupation.

11         (2)  The Office of Student Financial Assistance of the

12  Department of Education Workforce Florida, Inc., shall manage

13  the Careers for Florida's Future Loan Forgiveness Incentive

14  Grant Program in accordance with rules and procedures

15  established for this purpose. Workforce Florida, Inc., shall

16  contract with the Office of Student Financial Assistance in

17  the Department of Education to administer the incentive grant

18  program for students pursuing baccalaureate degrees or degree

19  career education programs that articulate into baccalaureate

20  degree programs. The office shall advertise the availability

21  of the loan forgiveness grant program and collect all

22  delinquent incentive grant repayments.

23         (a)  The Department of Education shall make payments on

24  loans from federal or state programs or commercial lending

25  institutions for the support of postsecondary study in

26  approved certificate, associate degree, or baccalaureate

27  degree programs in nursing. The Office of Student Financial

28  Assistance of the Department of Education shall issue awards

29  from the incentive grant program each semester. Before the

30  registration period each semester, the department shall

31  transmit payment for each award to the president or director

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  of the postsecondary education institution, or his or her

  2  representative, except that the department may withhold

  3  payment if the receiving institution fails to report or make

  4  refunds to the department as required in this section.

  5         (b)  Only loans to pay the costs of tuition, fees,

  6  books, and living expenses shall be covered in an amount not

  7  to exceed $1,800 for each year of education toward a

  8  certificate, $3,000 for each year of education toward an

  9  associate degree or at a lower division toward a baccalaureate

10  degree, and $6,000 for each year of education at an upper

11  division toward a baccalaureate degree. Within 30 days after

12  the end of regular registration each semester, the educational

13  institution shall certify to the department the eligibility

14  status of each student who receives an award. After the end of

15  the drop-and-add period, an institution is not required to

16  reevaluate or revise a student's eligibility status, but must

17  make a refund to the department if a student who receives an

18  award disbursement terminates enrollment for any reason during

19  an academic term and a refund is permitted by the

20  institution's refund policy.

21         (c)  Contingent upon proof of employment in an eligible

22  occupation in the area of nursing, loan principal payments

23  shall be made directly to the federal or state programs or

24  commercial lending institutions holding the loan as follows:

25         1.  Twenty-five percent of the loan principal and

26  accrued interest shall be retired after the first year of

27  eligible employment.

28         2.  Fifty percent of the loan principal and accrued

29  interest shall be retired after the second year of eligible

30  employment.

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1         3.  Seventy-five percent of the loan principal and

  2  accrued interest shall be retired after the third year of

  3  eligible employment.

  4         4.  The remaining loan principal and accrued interest

  5  shall be retired after the fourth year of eligible employment.

  6

  7  In no case may payment for any student exceed $6,000 in any

  8  12-month period. An institution that receives funds from the

  9  program shall certify to the department the amount of funds

10  disbursed to each student and shall remit to the department

11  any undisbursed advances within 60 days after the end of

12  regular registration. The department may suspend or revoke an

13  institution's eligibility to receive future moneys for the

14  program if the department finds that an institution has not

15  complied with this section.

16         (3)  The Department of Education may adopt rules

17  necessary for administering the program. Workforce Florida,

18  Inc., shall allocate to each regional workforce board its

19  share of funds available for incentive grants in eligible

20  diploma, certificate, and degree career education programs

21  that do not articulate into baccalaureate programs. Each

22  regional workforce board shall administer the program,

23  including determining award recipients within funds available

24  to it for that purpose. Workforce Florida, Inc., shall

25  contract with the Office of Student Financial Assistance in

26  the Department of Education for collecting delinquent

27  incentive grant repayments.

28         (a)  Workforce Florida, Inc., shall reallocate any

29  funds not encumbered by the regional workforce boards by

30  January 31 of each year to other regional workforce boards for

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  additional awards, in accordance with rules and procedures

  2  established for this purpose.

  3         (b)  Within 30 days after the student begins classes,

  4  the educational institution shall certify to the regional

  5  workforce board the eligibility status of each student who

  6  receives an award. After this report, an institution is not

  7  required to reevaluate or revise a student's eligibility

  8  status, but must make a refund to the regional workforce board

  9  if a student who receives an award disbursement terminates

10  enrollment for any reason during the period that would permit

11  a refund by the institution's refund policy.

12         (c)  Regional workforce boards shall ensure that each

13  recipient receives maximum funding possible by coordinating

14  career education awards with Individual Training Accounts

15  funded by the federal Workforce Investment Act, Retention

16  Incentive Training Accounts funded by the federal Temporary

17  Assistance for Needy Families Act, the federal Welfare-to-Work

18  program, and other programs intended to assist incumbent

19  workers in upgrading their skills.

20         (4)  This section shall be implemented only as

21  specifically funded. If funds appropriated are not adequate to

22  provide the maximum allowable award to each eligible

23  applicant, full awards must be provided in the order of

24  priority established by Workforce Florida, Inc. Awards must

25  not be reduced to increase the number of recipients.

26         (5)  A recipient who is pursuing a baccalaureate degree

27  shall receive $100 for each lower-division credit hour in

28  which the student is enrolled at an eligible college or

29  university, up to a maximum of $1,500 per semester, and $200

30  for each upper-division credit hour in which the student is

31  enrolled at an eligible college or university, up to a maximum

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  of $3,000 per semester. For purposes of this section, a

  2  student is pursuing a baccalaureate degree if he or she is in

  3  a program that articulates into a baccalaureate degree program

  4  by agreement of the Articulation Coordinating Committee. A

  5  student in an applied technology diploma program, a

  6  certificate career education program, or a degree career

  7  education program that does not articulate into a

  8  baccalaureate degree program shall receive $2 for each

  9  vocational contact hour, or the equivalent, for certificate

10  programs, or $60 for each credit hour, or the equivalent, for

11  degree career education programs and applied technology

12  programs for which the student is enrolled at an eligible

13  college, technical center, or nonpublic career education

14  school.

15         (6)  If a recipient who is enrolled in a diploma,

16  certificate, or degree career education program that does not

17  articulate into a baccalaureate degree program transfers from

18  one eligible institution to another within the same workforce

19  region and continues to meet eligibility requirements, the

20  award shall be transferred with the student.

21         (7)  If a recipient who is enrolled in a baccalaureate

22  degree or a degree career education program that articulates

23  into a baccalaureate degree program transfers from one

24  eligible institution to another and continues to meet

25  eligibility requirements, the award shall be transferred with

26  the student.

27         (8)  An award recipient may use an award for enrollment

28  in a summer term if funds are available.

29         (9)  Funds may not be used to pay for remedial,

30  college-preparatory, or vocational-preparatory coursework.

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1         Section 3.  Sunshine Workforce Solutions Grant

  2  Program.--

  3         (1)  The Legislature recognizes the need for school

  4  districts to be able to respond to critical workforce

  5  shortages in nursing. The Sunshine Workforce Solutions Grant

  6  Program is created to provide grants to school districts on a

  7  competitive basis to fund all or some of the costs associated

  8  with establishing an exploratory program at the middle school

  9  level or a comprehensive career and technical education

10  program within a high school that provides a program of study

11  in nursing that will provide a seamless transition to an

12  appropriate postsecondary education or employment.

13         (a)  A comprehensive career and technical education

14  program within a high school that provides a program of study

15  in nursing must be certified or endorsed by the Board of

16  Nursing to ensure that all components of the program are

17  relevant and appropriate to prepare the student for further

18  education and employment in nursing.

19         (b)  Each career and technical education program

20  offered by a high school and able to be articulated to a

21  postsecondary level must also have an articulation agreement

22  with one or more appropriate postsecondary education

23  institutions to ensure a seamless transition to a related

24  postsecondary program without a loss of credit for the

25  student.

26         (c)  Participation in work-based learning experiences,

27  as defined in rule by the Department of Education, shall be

28  required at the high school level.

29         (2)  Funds awarded for a Sunshine Workforce Solutions

30  Grant may be used for instructional equipment, laboratory

31  equipment, supplies, personnel, student services, or other

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  expenses associated with the development of a program in

  2  nursing.

  3         (3)  The Department of Education shall accept

  4  applications from middle schools and high schools for grants

  5  under the Sunshine Workforce Solutions Grant Program.

  6         (a)  Applications shall contain projected enrollments

  7  and projected costs for the Sunshine Workforce Solutions

  8  Grants.

  9         (b)  The Department of Education shall review and rank

10  each application for a grant and shall submit to the

11  Legislature a list, in priority order by middle schools and

12  high schools, of applicants recommended for grant awards.

13         (c)  Schools shall be selected based on existing

14  infrastructure that would ensure success of the program.  The

15  department shall consider statewide geographic dispersion of

16  grant funds in ranking the applications.

17         (d)  Demonstrated successful student recruitment,

18  retention, and program completion strategies shall be an

19  evaluative criteria in awarding grants under this section.

20         Section 4.  Subsections (1) and (3) of section 464.009,

21  Florida Statutes, are amended to read:

22         464.009  Licensure by endorsement.--

23         (1)  The department shall issue the appropriate license

24  by endorsement to practice professional or practical nursing

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

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

27  demonstrates to the board that he or she:

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

29  practical nursing in another state of the United States,

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

31  license, the requirements for licensure were substantially

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  equivalent to or more stringent than those existing in Florida

  2  at that time; or

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

  4  464.008 and has successfully completed a state, regional, or

  5  national examination which is substantially equivalent to or

  6  more stringent than the examination given by the department;

  7  or.

  8         (c)  Has actively practiced nursing in another state or

  9  territory of the United States for 2 of the immediately

10  preceding 3 years without having his or her license acted

11  against by the licensing authority of any jurisdiction. Within

12  6 months after obtaining a license under this subsection, a

13  licensee must have completed a course on Florida laws and

14  rules which is approved by the board. This paragraph expires

15  July 1, 2004.

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

17  of fingerprints on a form and under procedures specified by

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

19  costs incurred by the Department of Health for the criminal

20  background check of the applicant. The Department of Health

21  shall submit the fingerprints provided by the applicant to the

22  Florida Department of Law Enforcement for a statewide criminal

23  history check, and the Florida Department of Law Enforcement

24  shall forward the fingerprints to the Federal Bureau of

25  Investigation for a national criminal history check of the

26  applicant. The Department of Health shall review the results

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

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

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

30  criminal histories back to the board for determination as to

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

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1  However, the department shall issue a temporary license that

  2  is to be valid for the lesser of 180 days or until the

  3  department has received and reviewed the results of the

  4  criminal-history check and has determined that the applicant

  5  has met all of the other requirements for licensure and has no

  6  criminal history. As soon as that determination has been made,

  7  the license may be issued to the applicant.

  8         Section 5.  Subsection (2) of section 464.019, Florida

  9  Statutes, is amended, and subsection (6) is added to that

10  section, to read:

11         464.019  Approval of nursing programs.--

12         (2)(a)  The board shall adopt rules, applicable to

13  initial review and conditional approval of a program,

14  regarding educational objectives, faculty qualifications,

15  curriculum guidelines, administrative procedures, and clinical

16  training. An applicant institution shall comply with such

17  rules in order to obtain conditional program approval. No

18  program shall be considered fully approved, nor shall any

19  program be exempted from such rules, prior to the graduation

20  of the program's first class.

21         (b)  The board shall adopt rules regarding educational

22  objectives and curriculum guidelines as are necessary to grant

23  full approval to a program and to ensure that fully approved

24  programs graduate nurses capable of competent practice under

25  this part. Rules regarding educational objectives shall

26  consider student attrition rate standards and retention of

27  qualified faculty.

28         (c)  The board shall adopt rules governing probation,

29  suspension, and termination status of programs that fail to

30  comply with the standards of this part.

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    Florida Senate - 2002                                  SB 1618
    25-652A-02                                              See HB




  1         (d)  The board shall not adopt any rule limiting the

  2  number of students admitted to a nursing program provided

  3  appropriate faculty-to-student ratios are maintained.

  4         (6)  Any nursing program that maintains accreditation

  5  through an accrediting body recognized by the United States

  6  Department of Education, or any nursing program located within

  7  a regionally accredited institution of higher education, shall

  8  be exempt from the rules of the board except as provided in

  9  paragraph (2)(b), provided such exemption shall apply only to

10  the extent the program maintains a student pass rate on the

11  National Clinical Licensure Exam of not less than 7 percentage

12  points below the national average pass rate as reported

13  annually by the National Council of State Boards of Nursing.

14         Section 6.  Sections 445.0121, 445.0122, 445.0123,

15  445.0124, and 445.0125, Florida Statutes, are repealed.

16         Section 7.  This act shall take effect upon becoming a

17  law.

18

19            *****************************************

20                       LEGISLATIVE SUMMARY

21
      Creates the "Nursing Shortage Solution Act." Replaces the
22    Careers for Florida's Future Incentive Grant Program with
      the Careers for Florida's Future Loan Forgiveness Program
23    to provide for loan forgiveness of costs associated with
      degree programs in nursing. Creates the Sunshine
24    Workforce Solutions Grant Program to provide grants to
      school districts to establish programs for studies in
25    nursing to respond to critical workforce shortages in
      nursing. Revises requirements for licensure by
26    endorsement. Revises rulemaking authority of the Board of
      Nursing relating to approval of nursing programs. Exempts
27    accredited nursing programs from board rules relating to
      program approval under certain circumstances. Authorizes
28    the Department of Health to issue professional or
      practical nursing licenses to qualified persons from
29    other states. (See bill for details.)

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