CS/HB 1209

1
A bill to be entitled
2An act relating to nursing programs; amending s. 464.003,
3F.S.; defining terms for purposes of the Nurse Practice
4Act; amending s. 464.019, F.S.; revising provisions for
5the approval of nursing programs by the Board of Nursing;
6requiring institutions wishing to conduct a nursing
7program to submit an application and pay a fee to the
8Department of Health; providing application requirements
9and procedures; providing standards for the approval of
10nursing programs; providing that programs approved by the
11board before a specified date are considered approved
12under the act; requiring approved programs to annually
13submit a report; specifying contents of annual reports;
14providing for denial of applications; providing procedures
15for a review of the board's intent to deny an application;
16authorizing administrative hearings to review denied
17applications; requiring the board to publish on its
18Internet website certain information about nursing
19programs; requiring that a nursing program be placed on
20probation under certain circumstances; requiring programs
21placed on probation to disclose certain information to
22students and applicants; authorizing the board to
23terminate a nursing program under certain circumstances;
24requiring a nursing program that closes to notify the
25board of certain information; providing that the board has
26no rulemaking authority to implement the section;
27providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsections (9) through (15) are added to
32section 464.003, Florida Statutes, to read:
33     464.003  Definitions.--As used in this part, the term:
34     (9)  "Clinical preceptor" means a registered nurse employed
35by a clinical training facility who serves as a role model and
36clinical resource person for a specified period to an individual
37enrolled in an approved nursing education program.
38     (10)  "Clinical preceptor program" means a program that
39uses individualized teaching-learning strategies in which a
40nursing student participates in clinical nursing practice while
41assigned to a clinical preceptor.
42     (11)  "Clinical simulation" means a strategy used to
43replicate clinical practice as closely as possible to teach
44theory, assessment, technology, pharmacology, and skills.
45     (12)  "Clinical training" means direct nursing care
46experiences with patients or clients that offer the student the
47opportunity to integrate, apply, and refine specific skills and
48abilities based on theoretical concepts and scientific
49principles.
50     (13)  "Community-based clinical experiences" means
51activities consistent with the curriculum and involving
52individuals, families, and groups with the intent of promoting
53wellness, maintaining health, and preventing illness. Structured
54nursing services may not be offered, and invasive procedures may
55not be performed, at sites used for community-based clinical
56experiences.
57     (14)  "Curriculum" means the planned sequence of course
58offerings and learning experiences that comprise a nursing
59education program.
60     (15)  "Probationary status" means the status of a nursing
61education program that has not met the standards of s. 464.019.
62     Section 2.  Section 464.019, Florida Statutes, is amended
63to read:
64(Substantial rewording of section. See
65s. 464.019, F.S., for present text.)
66     464.019  Approval of nursing programs.--
67     (1)  An institution that wishes to conduct a program for
68the education of professional or practical nurses must submit a
69program application and a program review fee of $1,000 to the
70department. Within 3 months after receipt of a program
71application and program review fee, the board shall approve a
72program that documents compliance with the standards in
73paragraphs (a) through (l) or shall issue a notice of intent to
74deny the application under subsection (3). Each program
75application must document that:
76     (a)  The institution's professional nursing program faculty
77are led by a director who is a licensed registered nurse in this
78state and who has at least a bachelor's degree in nursing and a
79master's degree in nursing or a related field.
80     (b)  The institution's practical nursing program faculty
81are led by a director who is licensed as a registered nurse in
82this state and who has at least a bachelor's degree in nursing.
83     (c)  At least 50 percent of the institution's professional
84nursing program's faculty members are registered nurses licensed
85in this state with a bachelor's degree in nursing and a master's
86degree in nursing or a related field.
87     (d)  At least 50 percent of the institution's practical
88nursing program's faculty members are registered nurses licensed
89in this state with a bachelor's degree in nursing.
90     (e)  At least 50 percent of the institution's curriculum
91consists of clinical training.
92     (f)  No more than 25 percent of the institution's clinical
93training consists of clinical simulation.
94     (g)  The institution has signed an agreement with each
95agency, facility, and organization included in the curriculum
96plan as a clinical training site or a community-based clinical
97experience site.
98     (h)  The institution has written policies for faculty that
99include provisions for direct supervision by faculty or clinical
100preceptors for students in clinical training consistent with the
101following standards:
102     1.  The number of program faculty members equals at least
103one faculty member supervising every 12 students unless the
104written agreement between the program and the agency, facility,
105or organization providing clinical training sites allows more
106students, not to exceed 18 students, to be supervised by one
107faculty member.
108     2.  Indirect supervision may occur only in community-based
109clinical experiences and only when the supervisor is immediately
110available to the student by telephone.
111     (i)  The institution's curriculum plan documents both
112clinical experience and theoretical instruction in medical,
113surgical, obstetric, pediatric, geriatric, and psychiatric
114nursing in acute care, long-term care, and community settings.
115     (j)  The institution's professional nursing programs
116provide instruction in biological, physical, social, and
117behavioral sciences.
118     (k)  The institution's practical nursing programs provide
119theoretical instruction and clinical application of personal,
120family, and community health concepts; nutrition; human growth
121and development throughout the life span; body structure and
122function; interpersonal relationship skills; mental health
123concepts; pharmacology and administration of medications; and
124legal aspects of practice.
125     (l)  The institution's professional nursing programs meet
126the standards for practical nursing programs in paragraph (k)
127and provide theoretical instruction and clinical application in
128interpersonal relationships and leadership skills, professional
129role and function, and health teaching and counseling skills.
130     (2)(a)  Professional or practical nursing programs that
131receive full or provisional approval from the board before July
1321, 2009, are considered approved under this section. To retain
133approved status, a program must submit the report required under
134paragraph (c) to the board by November 1, 2009, and annually
135thereafter.
136     (b)  Professional or practical nursing programs that are
137approved by the board under subsection (1) on or after July 1,
1382009, shall annually submit the report required under paragraph
139(c) to the board by November 1 of each year following initial
140approval.
141     (c)  The annual report required by this subsection shall
142document the program's retention rates of students tracked from
143program entry to graduation and provide a statement verifying
144continued compliance with subsection (1).
145     (3)  If the board determines that the program application
146does not document compliance with subsection (1), the board
147shall provide the applicant with a notice of intent to deny the
148application, which shall set forth written reasons for the
149denial. Within 30 days after receipt of the notice of intent to
150deny the application, the applicant may submit to the board
151documentation rebutting the board's reasons for denial. Within
15230 days after receipt of such documentation from an applicant,
153the board must issue a notice indicating its approval or denial
154of the program application. An applicant may request a hearing
155on the denial of its program application pursuant to chapter
156120.
157     (4)  The board shall publish on its Internet website the
158following information about nursing programs located in this
159state:
160     (a)  Each program application, including all related
161documentation provided by the applicant, for each approved
162nursing program.
163     (b)  A comprehensive list of nursing programs in the state.
164     (c)  The accreditation status of each program, including
165identification of the accrediting body.
166     (d)  Each program's approval status.
167     (e)  Each program's graduate passage rate for the National
168Council of State Boards of Nursing Licensing Examination.
169     (f)  The national average passage rate for the National
170Council of State Boards of Nursing Licensing Examination.
171     (g)  Each program's student retention rates tracked from
172program entry to graduation.
173
174The information published pursuant to this subsection shall be
175made available in a manner that allows interactive searches and
176comparisons of specific programs. The board shall publish this
177information on its Internet website by December 31, 2009, and
178update the information at least quarterly.
179     (5)(a)  If the performance of a program's graduates on the
180National Council of State Boards of Nursing Licensing
181Examination falls 10 percent or more below the national average,
182as published by the contract testing service of the National
183Council of State Boards of Nursing, for 2 consecutive years, the
184program shall be placed on probation and the program director
185shall be required to appear before the board to present a plan
186for remediation. The program must achieve compliance with the
187graduation performance requirements of this paragraph within the
188next 2 consecutive years.
189     (b)  If a program fails to submit the annual report
190required by subsection (2), or if the program's report fails to
191document compliance with subsection (1), the program shall be
192placed on probation. The program must submit the annual report
193or document compliance, as appropriate, within 6 months after
194the program's placement on probation.
195     (c)  A program placed on probationary status shall disclose
196such status in writing to the program's students and applicants.
197     (d)  The board may terminate a program that fails to comply
198with paragraph (a) or paragraph (b) pursuant to chapter 120.
199     (6)  A nursing program that closes shall notify the board
200in writing and advise the board of the arrangements for storage
201of permanent records.
202     (7)  The board has no rulemaking authority to implement
203this section.
204     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.