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 |
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50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
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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 to s. 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 |
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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. |