House Bill hb0519c1

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    Florida House of Representatives - 2002              CS/HB 519

        By the Committee on Colleges & Universities and
    Representatives Murman, Fasano, Green, Harrell, Greenstein,
    Lerner, Justice, Spratt, Clarke, Harrington, Kilmer, Waters,
    Mahon, McGriff, Cusack, Bowen, Maygarden, Garcia and Gannon



  1                      A bill to be entitled

  2         An act relating to nursing shortage solutions;

  3         providing a short title; amending s. 240.4075,

  4         F.S., relating to the Nursing Student Loan

  5         Forgiveness Program; revising provisions

  6         relating to loan repayment; providing a

  7         restriction on participation in the program;

  8         amending s. 240.4076, F.S., relating to the

  9         Nursing Scholarship Program; revising

10         eligibility provisions; revising provisions

11         relating to repayment of a scholarship under

12         certain circumstances; deleting obsolete

13         language; creating the Sunshine Workforce

14         Solutions Grant Program; providing for grants

15         to fund the establishment of exploratory

16         programs in nursing or programs of study in

17         nursing in the public schools; providing

18         requirements and procedures for application and

19         selection; amending s. 464.009, F.S.; revising

20         provisions relating to eligibility for

21         licensure by endorsement to practice

22         professional or practical nursing; providing

23         for a temporary work permit under certain

24         circumstances; providing for future repeal;

25         amending s. 464.019, F.S.; revising rulemaking

26         authority of the Board of Nursing relating to

27         approval of nursing programs; exempting certain

28         nursing programs from certain board rules under

29         certain circumstances; providing an

30         appropriation to the Department of Health to

31         provide grants to hospitals for nurse retention

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  1         and recruitment activities; requiring matching

  2         of appropriated funds; providing for rules;

  3         providing eligibility criteria; providing an

  4         effective date.

  5  

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

  7  

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

  9  Shortage Solution Act."

10         Section 2.  Subsections (5) through (11) of section

11  240.4075, Florida Statutes, are renumbered as subsections (6)

12  through (12), respectively, subsection (4) is amended, and a

13  new subsection (5) is added to said section, to read:

14         240.4075  Nursing Student Loan Forgiveness Program.--

15         (4)  From the funds available, the Department of Health

16  may make loan principal repayments of up to $4,000 a year for

17  up to 4 years on behalf of selected graduates of an accredited

18  or approved nursing program. All repayments shall be

19  contingent upon continued proof of employment in the

20  designated facilities in this state and shall be made directly

21  to the holder of the loan. The state shall bear no

22  responsibility for the collection of any interest charges or

23  other remaining balance.  In the event that the designated

24  facilities are changed, a nurse shall continue to be eligible

25  for loan forgiveness as long as he or she continues to work in

26  the facility for which the original loan repayment was made

27  and otherwise meets all conditions of eligibility. Receipt of

28  funds pursuant to this program shall be contingent upon

29  continued proof of employment in the designated facilities in

30  this state. Loan principal payments shall be made by the

31  Department of Health directly to the federal or state programs

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  1  or commercial lending institutions holding the loan as

  2  follows:

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

  4  accrued interest shall be retired after the first year of

  5  nursing;

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

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

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

  9  accrued interest shall be retired after the third year of

10  nursing; and

11         (d)  The remaining loan principal and accrued interest

12  shall be retired after the fourth year of nursing.

13  

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

15  12-month period.

16         (5)  Students receiving a nursing scholarship pursuant

17  to s. 240.4076 are not eligible to participate in the Nursing

18  Student Loan Forgiveness Program.

19         Section 3.  Subsections (2), (3), and (6) and

20  paragraphs (c) and (d) of subsection (4) of section 240.4076,

21  Florida Statutes, are amended to read:

22         240.4076  Nursing scholarship program.--

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

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

25  approved nursing program leading to the award of an associate

26  degree, a baccalaureate degree, or a graduate degree to

27  qualify for a nursing faculty position or as an advanced

28  registered nurse practitioner or be enrolled as a full-time or

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

30  of an associate degree in nursing.

31  

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

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

  3  registered nurses pursuing a graduate degree for a faculty

  4  position or to practice as an advanced registered nurse

  5  practitioner may receive up to $12,000 per year. Beginning

  6  July 1, 1998, These amounts shall be adjusted by the amount of

  7  increase or decrease in the consumer price index for urban

  8  consumers published by the United States Department of

  9  Commerce.

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

11  follows:

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

13  program of studies or who does not become licensed is

14  responsible for repaying the entire amount of the scholarship

15  plus interest. Repayment schedules and applicable interest

16  rates shall be determined by rules of the State Board of

17  Education under ss. 240.451 and 240.465 shall repay to the

18  Department of Health, on a schedule to be determined by the

19  department, the entire amount of the scholarship plus 18

20  percent interest accruing from the date of the scholarship

21  payment. Moneys repaid shall be deposited into the Nursing

22  Student Loan Forgiveness Trust Fund established in s.

23  240.4075.  However, the department may provide additional time

24  for repayment if the department finds that circumstances

25  beyond the control of the recipient caused or contributed to

26  the default.

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

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

29  complete 12 months of approved employment for each year of

30  scholarship assistance received is responsible for repaying

31  the entire amount of the scholarship plus interest. Repayment

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  1  schedules and applicable interest rates shall be determined by

  2  rules of the State Board of Education under ss. 240.451 and

  3  240.465 shall repay to the Department of Health an amount

  4  equal to two times the entire amount of the scholarship plus

  5  interest accruing from the date of the scholarship payment at

  6  the maximum allowable interest rate permitted by law.

  7  Repayment shall be made within 1 year of notice that the

  8  recipient is considered to be in default. However, the

  9  department may provide additional time for repayment if the

10  department finds that circumstances beyond the control of the

11  recipient caused or contributed to the default.

12         (6)  The Department of Health shall adopt rules,

13  including rules to address extraordinary circumstances that

14  may cause a recipient to default on either the school

15  enrollment or employment contractual agreement, to implement

16  this section and may solicit technical assistance relating to

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

18         Section 4.  Sunshine Workforce Solutions Grant

19  Program.--

20         (1)  The Legislature recognizes the need for school

21  districts to be able to respond to critical workforce

22  shortages in nursing. The Sunshine Workforce Solutions Grant

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

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

25  with establishing an exploratory program in nursing at the

26  middle school level or a comprehensive career and technical

27  education program within a high school that provides a program

28  of study in nursing that will provide a seamless transition to

29  appropriate postsecondary education or employment.

30         (a)  A comprehensive career and technical education

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

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  1  in nursing must be certified or endorsed by the Florida Board

  2  of Nursing to ensure that all components of the program are

  3  relevant and appropriate to prepare the student for further

  4  education and employment in nursing.

  5         (b)  For career and technical education programs in

  6  which high school credit is articulated to a related

  7  postsecondary education program, there must be an articulation

  8  agreement that ensures seamless transition from one level to

  9  the next without a loss of credit for the student.

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

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

12  required in career and technical education programs at the

13  high school level.

14         (2)  Funds awarded for a Sunshine Workforce Solutions

15  Grant may be used for instructional equipment, laboratory

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

17  expenses associated with the development of a program in

18  nursing.

19         (3)  The Department of Education shall accept

20  applications from middle schools and high schools for grants

21  under the Sunshine Workforce Solutions Grant Program.

22         (a)  Applications shall contain projected enrollments

23  and projected costs for the Sunshine Workforce Solutions

24  Grants.

25         (b)  Schools shall be selected based on existing

26  infrastructure that would ensure success of the program. The

27  department shall consider statewide geographic disbursement of

28  grant funds in ranking the applications.

29         (c)  Methods for evaluating the success of the grant

30  program, including student recruitment, retention, and program

31  completion, must be included in the application.

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  1         Section 5.  Subsection (1) of section 464.009, Florida

  2  Statutes, is amended to read:

  3         464.009  Licensure by endorsement.--

  4         (1)  The department shall issue the appropriate license

  5  by endorsement to practice professional or practical nursing

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

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

  8  demonstrates to the board that he or she:

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

10  practical nursing in another state of the United States,

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

12  license, the requirements for licensure were substantially

13  equivalent to or more stringent than those existing in Florida

14  at that time; or

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

16  464.008 and has successfully completed a state, regional, or

17  national examination which is substantially equivalent to or

18  more stringent than the examination given by the department;

19  or

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

21  territory of the United States for 2 of the preceding 3 years

22  without having his or her license acted against by the

23  licensing authority of any jurisdiction.  Applicants who

24  become licensed pursuant to this paragraph must complete

25  within 6 months after licensure a Florida laws and rules

26  course that is approved by the board. Persons who apply for

27  licensure by endorsement under this paragraph and meet all

28  requirements for licensure under this paragraph may be issued

29  a 180-day temporary work permit pending receipt of the

30  national criminal history check. The temporary work permit

31  shall not be renewable or transferable. Once the department

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  1  has received the results of the national criminal history

  2  check and has determined that the applicant has no criminal

  3  history, the appropriate license by endorsement shall be

  4  issued to the applicant. This paragraph is repealed July 1,

  5  2004, unless reenacted by the Legislature.

  6         Section 6.  Subsection (2) of section 464.019, Florida

  7  Statutes, is amended, and subsection (6) is added to said

  8  section, to read:

  9         464.019  Approval of nursing programs.--

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

11  initial review and conditional approval of a program,

12  regarding educational objectives, faculty qualifications,

13  curriculum guidelines, administrative procedures, and clinical

14  training. An applicant institution shall comply with such

15  rules in order to obtain conditional program approval. No

16  program shall be considered fully approved, nor shall any

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

18  of the program's first class.

19         (b)  The board shall adopt rules regarding educational

20  objectives and curriculum guidelines as are necessary to grant

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

22  programs graduate nurses capable of competent practice under

23  this part. Rules regarding educational objectives shall

24  consider student attrition rate standards, availability of

25  qualified faculty, and appropriate clinical training

26  facilities. However, the board shall adopt no rule that

27  prohibits a qualified institution from placing a student in a

28  facility for clinical experience, regardless of whether more

29  than one nursing program is using the same facility for

30  clinical experience.

31  

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

  2  suspension, and termination status of programs that fail to

  3  comply with the standards of this part.

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

  5  number of students admitted to a nursing program, provided

  6  appropriate faculty-to-student ratios are maintained.

  7         (6)  Any nursing program that maintains accreditation

  8  through an accrediting body recognized by the United States

  9  Department of Education shall be exempt from the rules of the

10  board except as provided in paragraph (2)(b), provided such

11  exemption shall apply only to the extent the program maintains

12  a student pass rate on the National Clinical Licensure

13  Examination of not less than 7 percentage points below the

14  national average pass rate as reported annually by the

15  National Council of State Boards of Nursing.

16         Section 7.  (1)  There is hereby appropriated from the

17  General Revenue Fund to the Department of Health for fiscal

18  year 2002-2003 the sum of $1 million. Moneys in this

19  appropriation shall be used by the Department of Health to

20  provide grants to hospitals for nurse retention and

21  out-of-state recruitment activities during the 2002-2003

22  fiscal year. These moneys are subject to a one-for-one match

23  from hospitals. Moneys not matched by September 30, 2002,

24  shall revert to the General Revenue Fund.

25         (2)  The Department of Health shall accept requests for

26  grants under this section beginning July 1, 2002. The

27  department shall determine grant amounts beginning October 1,

28  2002, once the amount of the appropriation in subsection (1)

29  that has been matched by additional moneys is determined and

30  the department can determine the amount of grant moneys

31  available.

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  1         (3)  The Department of Health shall by rule, pursuant

  2  to ss. 120.536(1) and 120.54, Florida Statutes, adopt criteria

  3  for grant awards. In addition to other criteria, the

  4  department shall require that a hospital have experienced an

  5  average vacancy rate of 20 percent or more among nursing

  6  positions during the preceding 12 months. If the amount

  7  available for distribution is less than the aggregate amount

  8  of requests that meet the department's criteria, the

  9  department shall provide grants on a pro rata basis.

10         Section 8.  This act shall take effect upon becoming a

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