CS for CS for SB 1036                            First Engrossed
       
       
       
       
       
       
       
       
       20141036e1
       
    1                        A bill to be entitled                      
    2         An act relating to nursing education programs;
    3         amending s. 464.003, F.S.; revising definitions;
    4         amending s. 464.008, F.S.; requiring certain
    5         applicants for licensure to take a preparatory course;
    6         amending ss. 464.015 and 464.022, F.S.; conforming
    7         cross-references; amending s. 464.013, F.S.; exempting
    8         nurses who are certified by an accredited program from
    9         continuing education requirements; amending s.
   10         464.019, F.S.; specifying the location of clinical
   11         training; revising the limitation on the percentage of
   12         clinical training that consists of clinical
   13         simulation; deleting obsolete requirements; providing
   14         for the recalculation of pass rates when students have
   15         been transferred from a terminated program;
   16         authorizing the Board of Nursing to adopt certain
   17         rules relating to documenting the accreditation of
   18         nursing education programs; deleting the requirement
   19         that the Office of Program Policy Analysis and
   20         Government Accountability participate in an
   21         implementation study and revising the terms of the
   22         study; requiring nursing education programs that
   23         prepare students for the practice of professional
   24         nursing to be accredited; providing an exception;
   25         amending s. 456.014, F.S.; conforming a cross
   26         reference; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsections (10), (19), and (23) of section
   31  464.003, Florida Statutes, are amended to read:
   32         464.003 Definitions.—As used in this part, the term:
   33         (10) “Clinical training” means direct nursing care
   34  experiences with patients or clients, or clinical simulation of
   35  such experiences, which offer the student the opportunity to
   36  integrate, apply, and refine specific skills and abilities based
   37  on theoretical concepts and scientific principles.
   38         (19) “Practice of practical nursing” means the performance
   39  of selected acts, including the administration of treatments and
   40  medications, in the care of the ill, injured, or infirm; and the
   41  promotion of wellness, maintenance of health, and prevention of
   42  illness of others under the direction of a registered nurse, a
   43  licensed physician, a licensed osteopathic physician, a licensed
   44  podiatric physician, or a licensed dentist; and the teaching of
   45  general principles of health and wellness to the public and to
   46  students other than nursing students. A practical nurse is
   47  responsible and accountable for making decisions that are based
   48  upon the individual’s educational preparation and experience in
   49  nursing.
   50         (23) “Required passage rate” means the graduate passage
   51  rate required for an approved program pursuant to s.
   52  464.019(5)(a) 464.019(6)(a)1.
   53         Section 2. Section 464.008, Florida Statutes, is amended to
   54  read:
   55         464.008 Licensure by examination.—
   56         (1) Any person desiring to be licensed as a registered
   57  nurse or licensed practical nurse shall apply to the department
   58  to take the licensure examination. The department shall examine
   59  each applicant who meets all of the following requirements:
   60         (a) Completes Has completed the application form and remits
   61  an application remitted a fee of up to $150 as set by the board
   62  not to exceed $150 and has remitted an examination fee of up to
   63  $75 as set by the board, not to exceed $75 plus the actual per
   64  applicant cost to the department for purchase of the examination
   65  from the National Council of State Boards of Nursing or a
   66  similar national organization.
   67         (b) Provides a set of fingerprints to Has provided
   68  sufficient information on or after October 1, 1989, which must
   69  be submitted by the department for a statewide criminal records
   70  correspondence check through the Department of Law Enforcement.
   71         (c) Is in good mental and physical health.,
   72         (d) Is a recipient of a high school diploma or the
   73  equivalent., and
   74         (e) Completes Has completed the requirements for:
   75         1. Graduation from an approved program;
   76         2. Graduation from a prelicensure nursing education program
   77  that the board determines is equivalent to an approved program;
   78         3. Graduation on or after July 1, 2009, from an accredited
   79  program; or
   80         4. Graduation before July 1, 2009, from a prelicensure
   81  nursing education program whose graduates at that time were
   82  eligible for examination.
   83  
   84  Courses successfully completed in a professional nursing
   85  education program which that are at least equivalent to a
   86  practical nursing education program may be used to satisfy the
   87  education requirements for licensure as a licensed practical
   88  nurse.
   89         (f)(d) Has the ability to communicate in the English
   90  language, which may be determined by an examination given by the
   91  department.
   92         (2) A person who applies to take the licensure examination
   93  more than 1 year after satisfying the educational requirements
   94  specified in subsection (1) must complete a licensure
   95  examination preparatory course approved by the board before
   96  being approved for examination.
   97         (3)(2) Each applicant who passes the examination and
   98  provides proof of meeting the educational requirements specified
   99  in subsection (1) shall, unless denied pursuant to s. 464.018,
  100  be entitled to licensure as a registered professional nurse or a
  101  licensed practical nurse, as whichever is applicable.
  102         (4)(3)An Any applicant who fails the examination three
  103  consecutive times, regardless of the jurisdiction in which the
  104  examination is taken, must shall be required to complete a
  105  board-approved remedial course before the applicant may will be
  106  approved for reexamination. After taking the remedial course,
  107  the applicant may be approved to retake the examination up to
  108  three additional times before the applicant is required to
  109  retake remediation. The applicant shall apply for reexamination
  110  within 6 months after completion of remediation. The board shall
  111  by rule establish guidelines for remedial courses.
  112         Section 3. Subsections (3) and (4) of section 464.015,
  113  Florida Statutes, are amended to read:
  114         464.015 Titles and abbreviations; restrictions; penalty.—
  115         (3) Only persons who are graduates of prelicensure nursing
  116  education programs listed in s. 464.008(1)(e) s. 464.008(1)(c)
  117  may use the term “Graduate Nurse” and the abbreviation “G.N.,”
  118  pending the results of the first licensure examination for which
  119  they are eligible.
  120         (4) Only persons who are graduates of prelicensure nursing
  121  education programs listed in s. 464.008(1)(e) s. 464.008(1)(c)
  122  may use the term “Graduate Practical Nurse” and the abbreviation
  123  “G.P.N.,” pending the results of the first licensure examination
  124  for which they are eligible.
  125         Section 4. Subsection (4) of section 464.022, Florida
  126  Statutes, is amended to read:
  127         464.022 Exceptions.—No provision of this part shall be
  128  construed to prohibit:
  129         (4) The practice of nursing by graduates of prelicensure
  130  nursing education programs listed in s. 464.008(1)(e) s.
  131  464.008(1)(c), pending the result of the first licensing
  132  examination for which they are eligible following graduation, if
  133  provided they practice under direct supervision of a registered
  134  professional nurse. The board shall by rule define what
  135  constitutes direct supervision.
  136         Section 5. Subsection (3) of section 464.013, Florida
  137  Statutes, is amended to read:
  138         464.013 Renewal of license or certificate.—
  139         (3) The board shall by rule prescribe up to 30 hours of
  140  continuing education not to exceed 30 hours biennially as a
  141  condition for renewal of a license or certificate. A nurse who
  142  is certified by a health care specialty program accredited by
  143  the National Commission for Certifying Agencies or Accreditation
  144  Board for Specialty Nursing Certification is exempt from
  145  continuing education requirements. The criteria for programs
  146  shall be approved by the board.
  147         Section 6. Section 464.019, Florida Statutes, is amended to
  148  read:
  149         464.019 Approval of nursing education programs.—
  150         (1) PROGRAM APPLICATION APPLICATIONS.—An educational
  151  institution that wishes to conduct a program in this state for
  152  the prelicensure education of professional or practical nurses
  153  must submit to the department a program application and review
  154  fee of $1,000 for each prelicensure nursing education program to
  155  be offered at the institution’s main campus, branch campus, or
  156  other instructional site. The Each program application must
  157  include the legal name of the educational institution, the legal
  158  name of the nursing education program, and, if such institution
  159  program is accredited by an accrediting agency other than an
  160  accrediting agency described in s. 464.003(1), the name of the
  161  accrediting agency. The application must also document that:
  162         (a)1. For a professional nursing education program, the
  163  program director and at least 50 percent of the program’s
  164  faculty members are registered nurses who have a master’s or
  165  higher degree in nursing or a bachelor’s degree in nursing and a
  166  master’s or higher degree in a field related to nursing.
  167         2. For a practical nursing education program, the program
  168  director and at least 50 percent of the program’s faculty
  169  members are registered nurses who have a bachelor’s or higher
  170  degree in nursing.
  171  
  172  The educational degree requirements of this paragraph may be
  173  documented by an official transcript or by a written statement
  174  from the educational institution verifying that the institution
  175  conferred the degree.
  176         (b) The program’s nursing major curriculum consists of at
  177  least:
  178         1. Fifty percent clinical training at a facility in the
  179  United States, the District of Columbia, or a possession or
  180  territory of the United States for a practical nursing education
  181  program, an associate degree professional nursing education
  182  program, or a professional diploma nursing education program.
  183         2. Forty percent clinical training at a facility in the
  184  United States, the District of Columbia, or a possession or
  185  territory of the United States for a bachelor’s degree
  186  professional nursing education program.
  187         (c) No more than 50 25 percent of the program’s clinical
  188  training consists of clinical simulation.
  189         (d) The program has signed agreements with each agency,
  190  facility, and organization included in the curriculum plan as
  191  clinical training sites and community-based clinical experience
  192  sites.
  193         (e) The program has written policies for faculty which
  194  include provisions for direct or indirect supervision by program
  195  faculty or clinical preceptors for students in clinical training
  196  consistent with the following standards:
  197         1. The number of program faculty members equals at least
  198  one faculty member directly supervising every 12 students unless
  199  the written agreement between the program and the agency,
  200  facility, or organization providing clinical training sites
  201  allows more students, not to exceed 18 students, to be directly
  202  supervised by one program faculty member.
  203         2. For a hospital setting, indirect supervision may occur
  204  only if there is direct supervision by an assigned clinical
  205  preceptor, a supervising program faculty member is available by
  206  telephone, and such arrangement is approved by the clinical
  207  facility.
  208         3. For community-based clinical experiences that involve
  209  student participation in invasive or complex nursing activities,
  210  students must be directly supervised by a program faculty member
  211  or clinical preceptor and such arrangement must be approved by
  212  the community-based clinical facility.
  213         4. For community-based clinical experiences not subject to
  214  subparagraph 3., indirect supervision may occur only when a
  215  supervising program faculty member is available to the student
  216  by telephone.
  217  
  218  A program’s policies established under this paragraph must
  219  require that a clinical preceptor who is, if supervising
  220  students in a professional nursing education program, to be a
  221  registered nurse or, if supervising students in a practical
  222  nursing education program, to be a registered nurse or licensed
  223  practical nurse.
  224         (f) The professional or practical nursing curriculum plan
  225  documents clinical experience and theoretical instruction in
  226  medical, surgical, obstetric, pediatric, and geriatric nursing.
  227  A professional nursing curriculum plan shall also document
  228  clinical experience and theoretical instruction in psychiatric
  229  nursing. Each curriculum plan must document clinical training
  230  experience in appropriate settings that include, but are not
  231  limited to, acute care, long-term care, and community settings.
  232         (g) The professional or practical nursing education program
  233  provides theoretical instruction and clinical application in
  234  personal, family, and community health concepts; nutrition;
  235  human growth and development throughout the life span; body
  236  structure and function; interpersonal relationship skills;
  237  mental health concepts; pharmacology and administration of
  238  medications; and legal aspects of practice. A professional
  239  nursing education program must shall also provide theoretical
  240  instruction and clinical application in interpersonal
  241  relationships and leadership skills; professional role and
  242  function; and health teaching and counseling skills.
  243         (2) PROGRAM APPROVAL.—
  244         (a)  Upon receipt of a program application and review fee,
  245  the department shall examine the application to determine if
  246  whether it is complete. If the a program application is not
  247  complete, the department shall notify the educational
  248  institution in writing of any errors or omissions within 30 days
  249  after the department’s receipt of the application. A program
  250  application is deemed complete upon the department’s receipt of:
  251         1. The initial application, if the department does not
  252  notify the educational institution of any errors or omissions
  253  within the 30-day period; or
  254         2. A revised application that corrects each error and
  255  omission of which the department notifies the educational
  256  institution within the 30-day period.
  257         (b) Within 90 days after the department’s receipt of a
  258  complete program application, the board shall:
  259         1. Approve the application if it documents compliance with
  260  subsection (1) paragraphs (1)(a)-(g); or
  261         2. Provide the educational institution with a notice of
  262  intent to deny the application if it does not document
  263  compliance with subsection (1) paragraphs (1)(a)-(g). The notice
  264  must specify set forth written reasons for the board’s denial of
  265  the application. The board may not deny a program application
  266  because of an educational institution’s failure to correct an
  267  any error or omission that of which the department failed to
  268  provide notice of to does not notify the institution within the
  269  30-day notice period under paragraph (a). The educational
  270  institution may request a hearing on the notice of intent to
  271  deny the program application pursuant to chapter 120.
  272         (c) A program application is deemed approved if the board
  273  does not act within the 90-day review period provided under
  274  paragraph (b).
  275         (d) Upon the board’s approval of a program application, the
  276  program becomes an approved program.
  277         (3) STATUS OF CERTAIN PROGRAMS.—A professional or practical
  278  nursing education program becomes an approved program if, as of
  279  June 30, 2009, the program:
  280         (a) Has full or provisional approval from the board or,
  281  except as provided in paragraph (b), is on probationary status.
  282         (b) Is on probationary status because the program did not
  283  meet the board’s requirement for graduate passage rates. Such
  284  program shall remain on probationary status until it achieves a
  285  graduate passage rate for calendar year 2009 or 2010 that equals
  286  or exceeds the required passage rate for the respective calendar
  287  year and must disclose its probationary status in writing to the
  288  program’s students and applicants. If the program does not
  289  achieve the required passage rate, the board shall terminate the
  290  program pursuant to chapter 120.
  291         (3)(4) ANNUAL REPORT.—By November 1 of each year, each
  292  approved program shall submit to the board an annual report
  293  comprised of an affidavit certifying continued compliance with
  294  subsection (1) paragraphs (1)(a)-(g), a summary description of
  295  the program’s compliance with subsection (1) paragraphs (1)(a)
  296  (g), and documentation for the previous academic year that, to
  297  the extent applicable, describes sets forth:
  298         (a) The number of student applications received, qualified
  299  applicants, applicants accepted, accepted applicants who enroll
  300  in the program, students enrolled in the program, and program
  301  graduates.
  302         (b) The program’s retention rates for students tracked from
  303  program entry to graduation.
  304         (c) The program’s accreditation status, including
  305  identification of the accrediting agency if such agency is not
  306  an accrediting agency described in s. 464.003(1).
  307         (4)(5) INTERNET WEBSITE.—By October 1, 2010, The board
  308  shall publish the following information on its Internet website:
  309         (a) A list of each accredited program conducted in the
  310  state and the program’s graduate passage rates for the most
  311  recent 2 calendar years, which the department shall determine
  312  through the following sources:
  313         1. For a program’s accreditation status, the specialized
  314  accrediting agencies that are nationally recognized by the
  315  United States Secretary of Education to accredit nursing
  316  education programs.
  317         2. For a program’s graduate passage rates, the contract
  318  testing service of the National Council of State Boards of
  319  Nursing.
  320         (b) The following data for each approved program, which
  321  includes shall include, to the extent applicable:
  322         1. All documentation provided by the program in its program
  323  application if submitted on or after July 1, 2009.
  324         2. The summary description of the program’s compliance
  325  submitted under subsection (3) (4).
  326         3. The program’s accreditation status, including
  327  identification of the accrediting agency if such agency is not
  328  an accrediting agency described in s. 464.003(1).
  329         4. The program’s probationary status.
  330         5. The program’s graduate passage rates for the most recent
  331  2 calendar years.
  332         6. Each program’s retention rates for students tracked from
  333  program entry to graduation.
  334         (c) The average passage rates for United States educated
  335  first-time test takers on the National Council of State Boards
  336  of Nursing Licensing Examination for the most recent 2 calendar
  337  years, as calculated by the contract testing service of the
  338  National Council of State Boards of Nursing. The average passage
  339  rates shall be published separately for each type of comparable
  340  degree program listed in subparagraph (5)(a)1. sub-subparagraphs
  341  (6)(a)1.a.-d.
  342  
  343  The information required to be published under this subsection
  344  shall be made available in a manner that allows interactive
  345  searches and comparisons of individual programs selected by the
  346  website user. The board shall update the Internet website at
  347  least quarterly with the available information.
  348         (5)(6) ACCOUNTABILITY.—
  349         (a)1. An approved program must achieve a graduate passage
  350  rate that is not more lower than 10 percentage points lower less
  351  than the average passage rate during the same calendar year for
  352  graduates of comparable degree programs who are United States
  353  educated, first-time test takers on the National Council of
  354  State Boards of Nursing Licensing Examination during a calendar
  355  year, as calculated by the contract testing service of the
  356  National Council of State Boards of Nursing. For purposes of
  357  this subparagraph, an approved program is comparable to all
  358  degree programs of the same program type from among the
  359  following program types:
  360         a. Professional nursing education programs that terminate
  361  in a bachelor’s degree.
  362         b. Professional nursing education programs that terminate
  363  in an associate degree.
  364         c. Professional nursing education programs that terminate
  365  in a diploma.
  366         d. Practical nursing education programs.
  367         2. Beginning with graduate passage rates for calendar year
  368  2010, if an approved program’s graduate passage rates do not
  369  equal or exceed the required passage rates for 2 consecutive
  370  calendar years, the board shall place the program on
  371  probationary status pursuant to chapter 120 and the program
  372  director shall must appear before the board to present a plan
  373  for remediation. The program must shall remain on probationary
  374  status until it achieves a graduate passage rate that equals or
  375  exceeds the required passage rate for any 1 calendar year. The
  376  board shall deny a program application for a new prelicensure
  377  nursing education program submitted by an educational
  378  institution if the institution has an existing program that is
  379  already on probationary status.
  380         3. Upon the program’s achievement of a graduate passage
  381  rate that equals or exceeds the required passage rate, the
  382  board, at its next regularly scheduled meeting following release
  383  of the program’s graduate passage rate by the National Council
  384  of State Boards of Nursing, shall remove the program’s
  385  probationary status. However, if the program, during the 2
  386  calendar years following its placement on probationary status,
  387  does not achieve the required passage rate for any 1 calendar
  388  year, the board shall terminate the program pursuant to chapter
  389  120.
  390         (b) If an approved program fails to submit the annual
  391  report required in subsection (3) (4), the board shall notify
  392  the program director and president or chief executive officer of
  393  the educational institution in writing within 15 days after the
  394  due date of the annual report. The program director shall must
  395  appear before the board at the board’s next regularly scheduled
  396  meeting to explain the reason for the delay. The board shall
  397  terminate the program pursuant to chapter 120 if it does not
  398  submit the annual report within 6 months after the due date.
  399         (c) An approved program on probationary status shall
  400  disclose its probationary status in writing to the program’s
  401  students and applicants.
  402         (d) If students from a program that has been terminated
  403  pursuant to this subsection transfer to an approved or an
  404  accredited program under the direction of the Commission for
  405  Independent Education, the board shall recalculate the passage
  406  rates of the programs receiving the transferring students,
  407  excluding the test scores of those students transferring more
  408  than 12 credits.
  409         (6)(7) DISCLOSURE OF GRADUATE PASSAGE RATE DATA.—
  410         (a) For each graduate of the program an approved program’s
  411  or accredited program’s graduates included in the calculation of
  412  the program’s graduate passage rate, the department shall
  413  disclose to the program director, upon his or her written
  414  request, the name, examination date, and determination of
  415  whether each graduate passed or failed the National Council of
  416  for State Boards of Nursing Licensing Examination, if to the
  417  extent that such information is provided to the department by
  418  the contract testing service of the National Council of for
  419  State Boards of Nursing. The written request must specify the
  420  calendar years for which the information is requested.
  421         (b) A program director to whom confidential information
  422  exempt from public disclosure pursuant to s. 456.014 is
  423  disclosed under this subsection must maintain the
  424  confidentiality of the information and is subject to the same
  425  penalties provided in s. 456.082 for department employees who
  426  unlawfully disclose confidential information.
  427         (7)(8) PROGRAM CLOSURE.—
  428         (a) An educational institution conducting an approved
  429  program or accredited program in this state, at least 30 days
  430  before voluntarily closing the program, shall notify the board
  431  in writing of the institution’s reason for closing the program,
  432  the intended closure date, the institution’s plan to provide for
  433  or assist in the completion of training by the program’s
  434  students, and the arrangements for storage of the program’s
  435  permanent records.
  436         (b) An educational institution conducting a nursing
  437  education program that is terminated under subsection (5) (6) or
  438  closed under subparagraph (9)(b)3. (10)(b)3.:
  439         1. May not accept or enroll new students.
  440         2. Shall Must submit to the board within 30 days after the
  441  program is terminated or closed a written description of how the
  442  institution will assist in completing the completion of training
  443  of by the program’s students and the institution’s arrangements
  444  for storage of the program’s permanent records.
  445         (c) If an educational institution does not comply with
  446  paragraph (a) or paragraph (b), the board shall provide a
  447  written notice explaining the institution’s noncompliance to the
  448  following persons and entities:
  449         1. The president or chief executive officer of the
  450  educational institution.
  451         2. The Board of Governors, if the program is conducted by a
  452  state university.
  453         3. The district school board, if the program is conducted
  454  by an educational institution operated by a school district.
  455         4. The Commission for Independent Education, if the program
  456  is conducted by an educational institution licensed under
  457  chapter 1005.
  458         5. The State Board of Education, if the program is
  459  conducted by an educational institution in the Florida College
  460  System or by an educational institution that is not subject to
  461  subparagraphs 2.-4.
  462         (8)(9) RULEMAKING.—The board does not have any rulemaking
  463  authority to administer this section, except that the board
  464  shall adopt rules a rule that prescribe prescribes the format
  465  for submitting program applications under subsection (1) and
  466  annual reports under subsection (3), and to administer the
  467  documentation of the accreditation of nursing education programs
  468  under subsection (11) (4). The board may not impose any
  469  condition or requirement on an educational institution
  470  submitting a program application, an approved program, or an
  471  accredited program, except as expressly provided in this
  472  section. The board shall repeal all rules, or portions thereof,
  473  in existence on July 1, 2009, that are inconsistent with this
  474  subsection.
  475         (9)(10) APPLICABILITY TO ACCREDITED PROGRAMS.—
  476         (a) Subsections (1)-(3) (1)-(4), paragraph (4)(b) (5)(b),
  477  and subsection (5) (6) do not apply to an accredited program. An
  478  accredited program on probationary status before July 1, 2010,
  479  ceases to be subject to the probationary status.
  480         (b) If an accredited program ceases to be accredited, the
  481  educational institution conducting the program:
  482         1. Within 10 business days after the program ceases to be
  483  accredited, must provide written notice of the date that the
  484  program ceased to be accredited to the board, the program’s
  485  students and applicants, and each entity providing clinical
  486  training sites or community-based clinical experience sites for
  487  the program. The educational institution must continue to
  488  provide the written notice to new students, applicants, and
  489  entities providing clinical training sites or community-based
  490  clinical experience sites for the program until the program
  491  becomes an approved program or is closed under subparagraph 3.
  492         2. Within 30 days after the program ceases to be
  493  accredited, must submit an affidavit to the board, signed by the
  494  educational institution’s president or chief executive officer
  495  which, that certifies the institution’s compliance with
  496  subparagraph 1. The board shall notify the persons and
  497  applicable entities listed in paragraph (7)(c) subparagraph
  498  (8)(c)1. and the applicable entities listed in subparagraphs
  499  (8)(c)2.-5. if an educational institution does not submit the
  500  affidavit required by this subparagraph.
  501         3. May apply to become an approved program under this
  502  section. If the educational institution:
  503         a. Within 30 days after the program ceases to be
  504  accredited, submits a program application and review fee to the
  505  department under subsection (1) and the affidavit required under
  506  subparagraph 2., the program shall be deemed an approved program
  507  from the date that the program ceased to be accredited until the
  508  date that the board approves or denies the program application.
  509  The program application must be denied by the board pursuant to
  510  chapter 120 if it does not contain the affidavit. If the board
  511  denies the program application under subsection (2) or if
  512  because the program application does not contain the affidavit,
  513  the program shall be closed and the educational institution
  514  conducting the program must comply with paragraph (7)(b) (8)(b).
  515         b. Does not apply to become an approved program pursuant to
  516  sub-subparagraph a., the program shall be deemed an approved
  517  program from the date that the program ceased to be accredited
  518  until the 31st day after that date. On the 31st day after the
  519  program ceased to be accredited, the program shall be closed and
  520  the educational institution conducting the program must comply
  521  with paragraph (7)(b) (8)(b).
  522         (10)(11) IMPLEMENTATION STUDY.—The Florida Center for
  523  Nursing and the education policy area of the Office of Program
  524  Policy Analysis and Government Accountability shall study the
  525  implementation 5-year administration of this section and submit
  526  reports to the Governor, the President of the Senate, and the
  527  Speaker of the House of Representatives in January of each year
  528  following the effective date of this act by January 30, 2011,and
  529  annually thereafter through January 30, 2015. The annual reports
  530  shall address the previous academic year; provide set forth data
  531  on the measures specified in paragraphs (a) and (b), as such
  532  data becomes available; and include an evaluation of such data
  533  for purposes of determining whether this section is increasing
  534  the availability of nursing education programs and the
  535  production of quality nurses. The department and each approved
  536  program or accredited program shall comply with requests for
  537  data from the Florida Center for Nursing and the education
  538  policy area of the Office of Program Policy Analysis and
  539  Government Accountability.
  540         (a) The Florida Center for Nursing education policy area of
  541  the Office of Program Policy Analysis and Government
  542  Accountability shall evaluate program-specific data for each
  543  approved program and accredited program conducted in the state,
  544  including, but not limited to:
  545         1. The number of programs and student slots available.
  546         2. The number of student applications submitted, the number
  547  of qualified applicants, and the number of students accepted.
  548         3. The number of program graduates.
  549         4. Program retention rates of students tracked from program
  550  entry to graduation.
  551         5. Graduate passage rates on the National Council of State
  552  Boards of Nursing Licensing Examination.
  553         6. The number of graduates who become employed as practical
  554  or professional nurses in the state.
  555         (b) The Florida Center for Nursing shall evaluate the
  556  board’s implementation of the:
  557         1. Program application approval process, including, but not
  558  limited to, the number of program applications submitted under
  559  subsection (1); the number of program applications approved and
  560  denied by the board under subsection (2); the number of denials
  561  of program applications reviewed under chapter 120; and a
  562  description of the outcomes of those reviews.
  563         2. Accountability processes, including, but not limited to,
  564  the number of programs on probationary status, the number of
  565  approved programs for which the program director is required to
  566  appear before the board under subsection (5) (6), the number of
  567  approved programs terminated by the board, the number of
  568  terminations reviewed under chapter 120, and a description of
  569  the outcomes of those reviews.
  570         (c) For any state fiscal year in which the Florida Center
  571  for Nursing does not receive legislative appropriations, the
  572  education policy area of the Office of Program Policy Analysis
  573  and Government Accountability shall perform the duties assigned
  574  by this subsection to the Florida Center for Nursing.
  575         (11) ACCREDITATION REQUIRED.—
  576         (a) A nursing education program that prepares students for
  577  the practice of professional nursing, that was approved under
  578  this section before July 1, 2014, and that enrolled students
  579  before July 1, 2014, must become an accredited program by July
  580  1, 2019.
  581         (b) A nursing education program that prepares students for
  582  the practice of professional nursing, that was approved under
  583  this section before July 1, 2014, but did not enroll students
  584  before that date, must become an accredited program within 5
  585  years after the date of enrolling the program’s first students.
  586         (c) A nursing education program that prepares students for
  587  the practice of professional nursing and that is approved by the
  588  board after June 30, 2014, must become an accredited program
  589  within 5 years after the date of enrolling the program’s first
  590  students.
  591         (d) This subsection does not apply to a nursing education
  592  program provided by an institution that is exempted from
  593  licensure by the Commission for Independent Education under s.
  594  1005.06(1)(e).
  595         Section 7. Subsection (1) of section 456.014, Florida
  596  Statutes, is amended to read:
  597         456.014 Public inspection of information required from
  598  applicants; exceptions; examination hearing.—
  599         (1) All information required by the department of any
  600  applicant shall be a public record and shall be open to public
  601  inspection pursuant to s. 119.07, except financial information,
  602  medical information, school transcripts, examination questions,
  603  answers, papers, grades, and grading keys, which are
  604  confidential and exempt from s. 119.07(1) and shall not be
  605  discussed with or made accessible to anyone except the program
  606  director of an approved program or accredited program as
  607  provided in s. 464.019(6) 464.019(7), members of the board, the
  608  department, and staff thereof, who have a bona fide need to know
  609  such information. Any information supplied to the department by
  610  any other agency which is exempt from the provisions of chapter
  611  119 or is confidential shall remain exempt or confidential
  612  pursuant to applicable law while in the custody of the
  613  department or the agency.
  614         Section 8. This act shall take effect July 1, 2014.