| 1 | A bill to be entitled | 
| 2 | An act relating to nursing programs; amending s. 464.003, | 
| 3 | F.S.; revising the definition of the term "approved | 
| 4 | program" and defining terms for purposes of the Nurse | 
| 5 | Practice Act; amending s. 464.019, F.S.; revising | 
| 6 | provisions for the approval of nursing programs by the | 
| 7 | Board of Nursing; requiring institutions wishing to | 
| 8 | conduct a nursing program to submit a program application | 
| 9 | and pay a program review fee to the Department of Health; | 
| 10 | providing application requirements and procedures; | 
| 11 | providing standards for the approval of nursing programs; | 
| 12 | specifying that, upon the board's approval of a program | 
| 13 | application, the program becomes an approved program; | 
| 14 | providing that programs provisionally approved by the | 
| 15 | board, and certain programs on probationary status, as of | 
| 16 | a specified date are approved programs under the act; | 
| 17 | providing that certain programs on probationary status as | 
| 18 | of a specified date remain on probationary status; | 
| 19 | requiring such programs on probationary status to comply | 
| 20 | within a specified period with a requirement related to | 
| 21 | program graduate passage rates; requiring the board to | 
| 22 | terminate programs that do not comply; requiring approved | 
| 23 | programs to annually submit a report; specifying contents | 
| 24 | of annual reports; providing for denial of program | 
| 25 | applications; providing procedures for processing | 
| 26 | incomplete program applications; requiring the board to | 
| 27 | provide a notice of intent to deny a program application | 
| 28 | that does not document compliance with certain standards; | 
| 29 | authorizing an administrative hearing for review of a | 
| 30 | notice of intent to deny an application; requiring the | 
| 31 | board to publish on its Internet website certain data | 
| 32 | about nursing programs; requiring that a nursing program | 
| 33 | be placed on probation under certain circumstances; | 
| 34 | requiring programs placed on probation to disclose certain | 
| 35 | information to students and applicants; requiring the | 
| 36 | board to terminate a nursing program under certain | 
| 37 | circumstances; requiring a nursing program that closes to | 
| 38 | notify the board of certain information; specifying that | 
| 39 | the board, with certain exceptions, does not have | 
| 40 | rulemaking authority to administer the act; specifying | 
| 41 | that the board may not impose any condition or requirement | 
| 42 | on program approval or retention except as expressly | 
| 43 | provided in the act; requiring the board to repeal certain | 
| 44 | rules in existence as of a specified date; requiring the | 
| 45 | Florida Center for Nursing and the Office of Program | 
| 46 | Policy Analysis and Government Accountability to conduct a | 
| 47 | study and submit reports to the Governor and Legislature; | 
| 48 | providing an effective date. | 
| 49 | 
 | 
| 50 | Be It Enacted by the Legislature of the State of Florida: | 
| 51 | 
 | 
| 52 | Section 1.  Subsection (8) of section 464.003, Florida | 
| 53 | Statutes, is amended, and subsections (9) through (14) are added | 
| 54 | to that section, to read: | 
| 55 | 464.003  Definitions.--As used in this part, the term: | 
| 56 | (8)  "Approved program" means a nursing program conducted | 
| 57 | in a school, college, or university which is approved under by  | 
| 58 | the board pursuant tos. 464.019 for the education of nurses. | 
| 59 | (9)  "Clinical training" means direct nursing care | 
| 60 | experiences with patients or clients which offer the student the | 
| 61 | opportunity to integrate, apply, and refine specific skills and | 
| 62 | abilities based on theoretical concepts and scientific | 
| 63 | principles. | 
| 64 | (10)  "Clinical preceptor" means a registered nurse | 
| 65 | employed by a clinical training facility who serves as a role | 
| 66 | model and clinical resource person for a specified period to an | 
| 67 | individual enrolled in an approved program. | 
| 68 | (11)  "Clinical simulation" means a strategy used to | 
| 69 | replicate clinical practice as closely as possible to teach | 
| 70 | theory, assessment, technology, pharmacology, and skills. | 
| 71 | (12)  "Community-based clinical experience" means | 
| 72 | activities consistent with the curriculum and involving | 
| 73 | individuals, families, and groups with the intent of promoting | 
| 74 | wellness, maintaining health, and preventing illness. | 
| 75 | (13)  "Curriculum" means a planned sequence of course | 
| 76 | offerings and learning experiences that comprise a nursing | 
| 77 | education program. | 
| 78 | (14)  "Probationary status" means the status of a nursing | 
| 79 | education program that is subject to s. 464.019(2)(a)2. or | 
| 80 | (5)(a) or (b). | 
| 81 | Section 2.  Section 464.019, Florida Statutes, is amended | 
| 82 | to read: | 
| 83 | (Substantial rewording of section. See | 
| 84 | s. 464.019, F.S., for present text.) | 
| 85 | 464.019  Approval of nursing programs.-- | 
| 86 | (1)  An institution that wishes to conduct a program for | 
| 87 | the education of professional or practical nurses shall submit a | 
| 88 | program application and a program review fee of $1,000 to the | 
| 89 | department. Within 90 days after receipt of a program | 
| 90 | application and program review fee, the board shall approve the | 
| 91 | program application if it documents compliance with the | 
| 92 | standards in paragraphs (a)-(h). If the program application is | 
| 93 | incomplete or does not document compliance, the board shall | 
| 94 | follow the procedures in subsection (3). Each program | 
| 95 | application must document that: | 
| 96 | (a)  For a professional nursing program, the program | 
| 97 | director and at least 50 percent of the program's faculty | 
| 98 | members are registered nurses who have, at a minimum, a | 
| 99 | bachelor's degree in nursing and a master's degree in nursing or | 
| 100 | a related field. | 
| 101 | (b)  For a practical nursing program, the program director | 
| 102 | and at least 50 percent of the program's faculty members are | 
| 103 | registered nurses who have, at a minimum, a bachelor's degree in | 
| 104 | nursing. | 
| 105 | (c)  The program's nursing major curriculum consists of at | 
| 106 | least: | 
| 107 | 1.  Fifty percent clinical training for a practical nursing | 
| 108 | program, an associate degree professional nursing program, or a | 
| 109 | professional diploma nursing program. | 
| 110 | 2.  Forty percent clinical training for a bachelor's degree | 
| 111 | professional nursing program. | 
| 112 | (d)  No more than 25 percent of the program's clinical | 
| 113 | training consists of clinical simulation. | 
| 114 | (e)  The program has signed agreements with each agency, | 
| 115 | facility, and organization included in the curriculum plan as | 
| 116 | clinical training sites and community-based clinical experience | 
| 117 | sites. | 
| 118 | (f)  The program has written policies for faculty which | 
| 119 | include provisions for direct or indirect supervision by program | 
| 120 | faculty or clinical preceptors for students in clinical training | 
| 121 | consistent with the following standards: | 
| 122 | 1.  The number of program faculty members equals at least | 
| 123 | one faculty member directly supervising every 12 students unless | 
| 124 | the written agreement between the program and the agency, | 
| 125 | facility, or organization providing clinical training sites | 
| 126 | allows more students, not to exceed 18 students, to be directly | 
| 127 | supervised by one program faculty member. | 
| 128 | 2.  For a hospital setting, indirect supervision may occur | 
| 129 | only if there is direct supervision by an assigned clinical | 
| 130 | preceptor, a supervising program faculty member is available by | 
| 131 | telephone, and such arrangement is approved by the clinical | 
| 132 | facility. | 
| 133 | 3.  For community-based clinical experiences that involve | 
| 134 | student participation in invasive or complex nursing activities, | 
| 135 | students must be directly supervised by a program faculty member | 
| 136 | or clinical preceptor and such arrangement must be approved by | 
| 137 | the community-based clinical facility. | 
| 138 | 4.  For community-based clinical experiences not subject to | 
| 139 | subparagraph 3., indirect supervision may occur only when a | 
| 140 | supervising program faculty member is available to the student | 
| 141 | by telephone. | 
| 142 | (g)  The professional or practical nursing curriculum plan | 
| 143 | documents clinical experience and theoretical instruction in | 
| 144 | medical, surgical, obstetric, pediatric, and geriatric nursing. | 
| 145 | A professional nursing curriculum plan shall also document | 
| 146 | clinical experience and theoretical instruction in psychiatric | 
| 147 | nursing. Each curriculum plan must document clinical training | 
| 148 | experience in appropriate settings that include, but are not | 
| 149 | limited to, acute care, long-term care, and community settings. | 
| 150 | (h)  The professional or practical nursing program provides | 
| 151 | theoretical instruction and clinical application in personal, | 
| 152 | family, and community health concepts; nutrition; human growth | 
| 153 | and development throughout the life span; body structure and | 
| 154 | function; interpersonal relationship skills; mental health | 
| 155 | concepts; pharmacology and administration of medications; and | 
| 156 | legal aspects of practice. A professional nursing program shall | 
| 157 | also provide theoretical instruction and clinical application in | 
| 158 | interpersonal relationships and leadership skills; professional | 
| 159 | role and function; and health teaching and counseling skills. | 
| 160 | 
 | 
| 161 | Upon the board's approval of a program application, the program | 
| 162 | becomes an approved program under this section. | 
| 163 | (2)(a)  A professional or practical nursing program that, | 
| 164 | as of June 30, 2009: | 
| 165 | 1.  Has full or provisional approval from the board or is | 
| 166 | on probationary status, except as provided in subparagraph 2., | 
| 167 | becomes an approved program under this section. In order to | 
| 168 | retain approved program status, such program shall submit the | 
| 169 | report required under paragraph (c) to the board by November 1, | 
| 170 | 2009, and annually thereafter. | 
| 171 | 2.  Is on probationary status because the program did not | 
| 172 | meet the board's requirement for program graduate passage rates | 
| 173 | on the National Council of State Boards of Nursing Licensing | 
| 174 | Examination, shall remain on probationary status until the | 
| 175 | program achieves compliance with the program graduate passage | 
| 176 | rate requirement in paragraph (5)(a). A program that is subject | 
| 177 | to this subparagraph must submit the report required under | 
| 178 | paragraph (c) to the board by November 1, 2009, and annually | 
| 179 | thereafter and must comply with paragraph (5)(c). If the program | 
| 180 | does not achieve compliance by July 1, 2011, the board shall | 
| 181 | terminate the program as provided in paragraph (5)(d). | 
| 182 | (b)  Each professional or practical nursing program that | 
| 183 | has its application approved by the board under subsection (1) | 
| 184 | on or after July 1, 2009, shall annually submit the report | 
| 185 | required under paragraph (c) to the board by November 1 of each | 
| 186 | year following initial approval of its application. | 
| 187 | (c)  The annual report required by this subsection must | 
| 188 | include an affidavit certifying continued compliance with | 
| 189 | subsection (1), must provide a summary description of the | 
| 190 | program's compliance with subsection (1), and must document for | 
| 191 | the previous academic year for each professional and practical | 
| 192 | nursing program: | 
| 193 | 1.  The number of student applications received, the number | 
| 194 | of qualified applicants, and the number of students accepted. | 
| 195 | 2.  The number of program graduates. | 
| 196 | 3.  The program's graduate passage rate on the National | 
| 197 | Council of State Boards of Nursing Licensing Examination. | 
| 198 | 4.  The program's retention rates for students tracked from | 
| 199 | program entry to graduation. | 
| 200 | 5.  The program's accreditation status, including | 
| 201 | identification of the accrediting body. | 
| 202 | (3)(a)  If an institution's program application is | 
| 203 | incomplete, the board shall notify the institution of any | 
| 204 | apparent errors or omissions within 30 days after receipt of the | 
| 205 | application and follow the procedures in s. 120.60. | 
| 206 | (b)  If an institution's program application does not | 
| 207 | document compliance with the standards in subsection (1), within | 
| 208 | 90 days after the board's receipt of the program application, | 
| 209 | the board shall provide the institution with a notice of intent | 
| 210 | to deny the program application that sets forth written reasons | 
| 211 | for the denial. The institution may request a hearing on the | 
| 212 | notice of intent to deny the program application pursuant to | 
| 213 | chapter 120. | 
| 214 | (4)  The board shall publish on its Internet website data | 
| 215 | on nursing programs located in the state. The data shall | 
| 216 | include: | 
| 217 | (a)  All documentation provided by the applicant for each | 
| 218 | approved nursing program application submitted on or after July | 
| 219 | 1, 2009. | 
| 220 | (b)  The summary description of each program's compliance | 
| 221 | as submitted under paragraph (2)(c). | 
| 222 | (c)  A comprehensive list of each practical and | 
| 223 | professional nursing program in the state. | 
| 224 | (d)  The accreditation status for each program, including | 
| 225 | identification of the accrediting body. | 
| 226 | (e)  Each program's approval or probationary status. | 
| 227 | (f)  Each program's graduate passage rate on the National | 
| 228 | Council of State Boards of Nursing Licensing Examination. | 
| 229 | (g)  The national average for passage rates on the National | 
| 230 | Council of State Boards of Nursing Licensing Examination. | 
| 231 | (h)  Each program's retention rates for students tracked | 
| 232 | from program entry to graduation. | 
| 233 |  | 
| 234 | The data required to be published under this subsection shall be | 
| 235 | made available in a manner that allows interactive searches and | 
| 236 | comparisons of specific nursing education programs. The board | 
| 237 | shall publish the data by December 31, 2009, and update the | 
| 238 | Internet website at least quarterly with the available data. | 
| 239 | (5)(a)  If the program's graduate passage rate on the | 
| 240 | National Council of State Boards of Nursing Licensing | 
| 241 | Examination falls 10 percent or more below the national average, | 
| 242 | as published by the contract testing service of the National | 
| 243 | Council of State Boards of Nursing, for 2 consecutive years, the | 
| 244 | program shall be placed on probation and the program director | 
| 245 | shall be required to appear before the board to present a plan | 
| 246 | for remediation. The program must achieve compliance with the | 
| 247 | graduate passage rate in this paragraph within the next 2 | 
| 248 | consecutive years. | 
| 249 | (b)  If a program fails to submit the annual report | 
| 250 | required in subsection (2), the board shall place the program on | 
| 251 | probation. The program must submit the annual report within 6 | 
| 252 | months after the program is placed on probation. | 
| 253 | (c)  A program placed on probationary status shall disclose | 
| 254 | its probationary status in writing to the program's students and | 
| 255 | applicants. | 
| 256 | (d)  The board shall terminate a program that fails to | 
| 257 | comply with subparagraph (2)(a)2., paragraph (a), or paragraph | 
| 258 | (b) pursuant to chapter 120. | 
| 259 | (6)  A nursing program that closes shall notify the board | 
| 260 | in writing and advise the board of the arrangements for storage | 
| 261 | of permanent records. | 
| 262 | (7)  The board does not have any rulemaking authority to | 
| 263 | administer this section, except that the board shall adopt a | 
| 264 | rule that prescribes the format for submitting program | 
| 265 | applications under subsection (1) and submitting summary | 
| 266 | descriptions of program compliance under paragraph (2)(c). The | 
| 267 | board may not impose any condition or requirement on an | 
| 268 | institution submitting a program application, an approved | 
| 269 | program, or a program on probationary status except as expressly | 
| 270 | provided in this section. The board shall repeal all rules, or | 
| 271 | portions thereof, in existence on July 1, 2009, that are | 
| 272 | inconsistent with this subsection. | 
| 273 | (8)  The Florida Center for Nursing and the Office of | 
| 274 | Program Policy Analysis and Government Accountability shall | 
| 275 | each: | 
| 276 | (a)  Monitor the administration of this section and | 
| 277 | evaluate the effectiveness of this section in achieving quality | 
| 278 | nursing programs with a higher production of quality nursing | 
| 279 | graduates. | 
| 280 | (b)  Report its findings and make recommendations, if | 
| 281 | warranted, to improve the effectiveness of this section to the | 
| 282 | Governor, the President of the Senate, and the Speaker of the | 
| 283 | House of Representatives by February 1, 2010. | 
| 284 | (9)  The Florida Center for Nursing and the education | 
| 285 | policy area of the Office of Program Policy Analysis and | 
| 286 | Government Accountability shall jointly study the 5-year | 
| 287 | administration of this section and submit a report to the | 
| 288 | Governor, the President of the Senate, and the Speaker of the | 
| 289 | House of Representatives by January 30, 2011, and annually | 
| 290 | thereafter through January 30, 2015. Each annual report shall | 
| 291 | address the previous academic year and shall include data and | 
| 292 | analysis on the following measures for each practical and | 
| 293 | professional nursing program in the state, as such data becomes | 
| 294 | available: | 
| 295 | (a)  An evaluation of the program application approval | 
| 296 | process, including, but not limited to, the number of program | 
| 297 | applications submitted under subsection (1); the number of | 
| 298 | program applications approved and denied by the board under | 
| 299 | subsections (1) and (3), respectively; the number of denials of | 
| 300 | program applications reviewed under chapter 120; and a | 
| 301 | description of the outcomes of those reviews. | 
| 302 | (b)  An evaluation as to whether nursing program | 
| 303 | availability has increased in the state and the quality of | 
| 304 | nurses produced by these programs, including, but not limited | 
| 305 | to: | 
| 306 | 1.  The number of programs and student slots available. | 
| 307 | 2.  The number of student applications submitted, the | 
| 308 | number of qualified applicants, and the number of students | 
| 309 | accepted. | 
| 310 | 3.  The number of program graduates. | 
| 311 | 4.  Program retention rates of students tracked from | 
| 312 | program entry to graduation. | 
| 313 | 5.  Graduate passage rates on the National Council of State | 
| 314 | Boards of Nursing Licensing Examination. | 
| 315 | 6.  The number of graduates who become employed as | 
| 316 | practical or professional nurses in the state. | 
| 317 | (c)  An evaluation of compliance with this section, | 
| 318 | including, but not limited to, the number of programs placed on | 
| 319 | probationary status, the number of programs terminated by the | 
| 320 | board under paragraph (5)(d), the number of terminations | 
| 321 | reviewed under chapter 120, and a description of the outcomes of | 
| 322 | those reviews. | 
| 323 | Section 3.  This act shall take effect July 1, 2009. |