Florida Senate - 2017 SB 328
By Senator Grimsley
26-00100C-17 2017328__
1 A bill to be entitled
2 An act relating to the regulation of nursing; amending
3 s. 464.012, F.S.; removing an obsolete qualification
4 no longer sufficient to satisfy certain certification
5 requirements; amending chapter 2016-139, Laws of
6 Florida; removing an obsolete qualification no longer
7 sufficient to satisfy certain certification
8 requirements from an act with a future effective date;
9 amending s. 464.013, F.S.; requiring certain
10 continuing education courses to be approved by the
11 Board of Nursing; removing a requirement that certain
12 continuing education courses be offered by specified
13 entities; amending s. 464.019, F.S.; authorizing the
14 board to conduct certain on-site evaluations; removing
15 a limiting criterion from the requirement to measure
16 graduate passage rates; removing a requirement that
17 certain nursing program graduates complete a specific
18 preparatory course; clarifying circumstances when
19 programs in probationary status must be terminated;
20 providing that accredited and nonaccredited nursing
21 education programs must disclose probationary status;
22 requiring notification of probationary status to
23 include certain information; prohibiting a terminated
24 or closed program from seeking program approval for a
25 certain time; authorizing the board to adopt certain
26 rules; requiring accredited programs to meet program
27 accountability requirements and requirements to
28 provide notification of probationary status; removing
29 requirements that the Office of Program Policy
30 Analysis and Government Accountability perform certain
31 tasks; requiring the Florida Center for Nursing to
32 make an annual assessment of compliance by nursing
33 programs with certain accreditation requirements;
34 requiring the center to include its assessment in a
35 report to the Governor and the Legislature; removing
36 the requirement that the Office of Program Policy
37 Analysis and Government Accountability perform
38 specified duties under certain circumstances;
39 requiring the termination of a program under certain
40 circumstances; providing effective dates.
41
42 Be It Enacted by the Legislature of the State of Florida:
43
44 Section 1. Subsection (1) of section 464.012, Florida
45 Statutes, is amended to read:
46 464.012 Certification of advanced registered nurse
47 practitioners; fees; controlled substance prescribing.—
48 (1) Any nurse desiring to be certified as an advanced
49 registered nurse practitioner shall apply to the department and
50 submit proof that he or she holds a current license to practice
51 professional nursing and that he or she meets one or more of the
52 following requirements as determined by the board:
53 (a) Satisfactory completion of a formal postbasic
54 educational program of at least one academic year, the primary
55 purpose of which is to prepare nurses for advanced or
56 specialized practice.
57 (a)(b) Certification by an appropriate specialty board.
58 Such certification shall be required for initial state
59 certification and any recertification as a registered nurse
60 anesthetist, psychiatric nurse, or nurse midwife. The board may
61 by rule provide for provisional state certification of graduate
62 nurse anesthetists, psychiatric nurses, and nurse midwives for a
63 period of time determined to be appropriate for preparing for
64 and passing the national certification examination.
65 (b)(c) Graduation from a program leading to a master’s
66 degree in a nursing clinical specialty area with preparation in
67 specialized practitioner skills. For applicants graduating on or
68 after October 1, 1998, graduation from a master’s degree program
69 shall be required for initial certification as a nurse
70 practitioner under paragraph (4)(c). For applicants graduating
71 on or after October 1, 2001, graduation from a master’s degree
72 program shall be required for initial certification as a
73 registered nurse anesthetist under paragraph (4)(a).
74 Section 2. Effective December 31, 2018, or upon enactment
75 of the Nurse Licensure Compact into law by 26 states, whichever
76 occurs first, section 8 of chapter 2016-139, Laws of Florida, is
77 amended to read:
78 Section 8. Subsection (1) of section 464.012, Florida
79 Statutes, is amended to read:
80 464.012 Certification of advanced registered nurse
81 practitioners; fees.—
82 (1) Any nurse desiring to be certified as an advanced
83 registered nurse practitioner shall apply to the department and
84 submit proof that he or she holds a current license to practice
85 professional nursing or holds an active multistate license to
86 practice professional nursing pursuant to s. 464.0095 and that
87 he or she meets one or more of the following requirements as
88 determined by the board:
89 (a) Satisfactory completion of a formal postbasic
90 educational program of at least one academic year, the primary
91 purpose of which is to prepare nurses for advanced or
92 specialized practice.
93 (a)(b) Certification by an appropriate specialty board.
94 Such certification shall be required for initial state
95 certification and any recertification as a registered nurse
96 anesthetist or nurse midwife. The board may by rule provide for
97 provisional state certification of graduate nurse anesthetists
98 and nurse midwives for a period of time determined to be
99 appropriate for preparing for and passing the national
100 certification examination.
101 (b)(c) Graduation from a program leading to a master’s
102 degree in a nursing clinical specialty area with preparation in
103 specialized practitioner skills. For applicants graduating on or
104 after October 1, 1998, graduation from a master’s degree program
105 shall be required for initial certification as a nurse
106 practitioner under paragraph (4)(c). For applicants graduating
107 on or after October 1, 2001, graduation from a master’s degree
108 program shall be required for initial certification as a
109 registered nurse anesthetist under paragraph (4)(a).
110 Section 3. Subsection (3) of section 464.013, Florida
111 Statutes, is amended to read:
112 464.013 Renewal of license or certificate.—
113 (3) The board shall by rule prescribe up to 30 hours of
114 continuing education biennially as a condition for renewal of a
115 license or certificate.
116 (a) A nurse who is certified by a health care specialty
117 program accredited by the National Commission for Certifying
118 Agencies or the Accreditation Board for Specialty Nursing
119 Certification is exempt from continuing education requirements.
120 The criteria for programs must be approved by the board.
121 (b) Notwithstanding the exemption in paragraph (a), as part
122 of the maximum 30 hours of continuing education hours required
123 under this subsection, advanced registered nurse practitioners
124 certified under s. 464.012 must complete at least 3 hours of
125 continuing education on the safe and effective prescription of
126 controlled substances. Such continuing education courses must be
127 approved by the board and must be offered by a statewide
128 professional association of physicians in this state accredited
129 to provide educational activities designated for the American
130 Medical Association Physician’s Recognition Award Category 1
131 credit, the American Nurses Credentialing Center, the American
132 Association of Nurse Anesthetists, or the American Association
133 of Nurse Practitioners and may be offered in a distance learning
134 format.
135 Section 4. Paragraph (b) of subsection (2), subsection (5),
136 subsection (8), paragraph (a) of subsection (9), and subsection
137 (10) of section 464.019, Florida Statutes, are amended,
138 paragraph (d) is added to subsection (7) of that section, and
139 paragraph (e) is added to subsection (11) of that section, to
140 read:
141 464.019 Approval of nursing education programs.—
142 (2) PROGRAM APPROVAL.—
143 (b) Following the department’s receipt of a complete
144 program application, the board may conduct an on-site evaluation
145 if necessary to document the applicant’s compliance with
146 subsection (1). Within 90 days after the department’s receipt of
147 a complete program application, the board shall:
148 1. Approve the application if it documents compliance with
149 subsection (1); or
150 2. Provide the educational institution with a notice of
151 intent to deny the application if it does not document
152 compliance with subsection (1). The notice must specify written
153 reasons for the board’s denial of the application. The board may
154 not deny a program application because of an educational
155 institution’s failure to correct an error or omission that the
156 department failed to provide notice of to the institution within
157 the 30-day notice period under paragraph (a). The educational
158 institution may request a hearing on the notice of intent to
159 deny the program application pursuant to chapter 120.
160 (5) ACCOUNTABILITY.—
161 (a)1. An approved program must achieve a graduate passage
162 rate for first-time test takers which who take the licensure
163 examination within 6 months after graduation from the program
164 that is not more than 10 percentage points lower than the
165 average passage rate during the same calendar year for graduates
166 of comparable degree programs who are United States educated,
167 first-time test takers on the National Council of State Boards
168 of Nursing Licensing Examination, as calculated by the contract
169 testing service of the National Council of State Boards of
170 Nursing. An approved program shall require a graduate from the
171 program who does not take the licensure examination within 6
172 months after graduation to enroll in and successfully complete a
173 licensure examination preparatory course pursuant to s. 464.008.
174 For purposes of this subparagraph, an approved program is
175 comparable to all degree programs of the same program type from
176 among the following program types:
177 a. Professional nursing education programs that terminate
178 in a bachelor’s degree.
179 b. Professional nursing education programs that terminate
180 in an associate degree.
181 c. Professional nursing education programs that terminate
182 in a diploma.
183 d. Practical nursing education programs.
184 2. Beginning with graduate passage rates for calendar year
185 2010, if an approved program’s graduate passage rates do not
186 equal or exceed the required passage rates for 2 consecutive
187 calendar years, the board shall place the program on
188 probationary status pursuant to chapter 120 and the program
189 director shall appear before the board to present a plan for
190 remediation, which shall include specific benchmarks to identify
191 progress toward a graduate passage rate goal. The program must
192 remain on probationary status until it achieves a graduate
193 passage rate that equals or exceeds the required passage rate
194 for any 1 calendar year. The board shall deny a program
195 application for a new prelicensure nursing education program
196 submitted by an educational institution if the institution has
197 an existing program that is already on probationary status.
198 3. Upon the program’s achievement of a graduate passage
199 rate that equals or exceeds the required passage rate, the
200 board, at its next regularly scheduled meeting following release
201 of the program’s graduate passage rate by the National Council
202 of State Boards of Nursing, shall remove the program’s
203 probationary status. If the program, during the 2 calendar years
204 following its placement on probationary status, does not achieve
205 the required passage rate for any 1 calendar year, the board
206 shall terminate the program pursuant to chapter 120. However,
207 the board may extend the program’s probationary status for 1
208 additional year, provided if the program has demonstrated
209 demonstrates adequate progress toward the graduate passage rate
210 goal by meeting a majority of the benchmarks established in the
211 remediation plan. If the program is not granted the 1-year
212 extension or fails to achieve the required passage rate by the
213 end of such extension, the board shall terminate the program
214 pursuant to chapter 120.
215 (b) If an approved program fails to submit the annual
216 report required in subsection (3), the board shall notify the
217 program director and president or chief executive officer of the
218 educational institution in writing within 15 days after the due
219 date of the annual report. The program director shall appear
220 before the board at the board’s next regularly scheduled meeting
221 to explain the reason for the delay. The board shall terminate
222 the program pursuant to chapter 120 if the program director
223 fails to appear before the board, as required under this
224 paragraph, or if the program it does not submit the annual
225 report within 6 months after the due date.
226 (c) A nursing education An approved program, whether
227 accredited or nonaccredited, which has been placed on
228 probationary status shall disclose its probationary status in
229 writing to the program’s students and applicants. The
230 notification must include an explanation of the implications of
231 the program’s probationary status on student and applicant
232 employment and educational opportunities, including the
233 prospects a student wishing to matriculate at a university will
234 face.
235 (d) If students from a program that is terminated pursuant
236 to this subsection transfer to an approved or an accredited
237 program under the direction of the Commission for Independent
238 Education, the board shall recalculate the passage rates of the
239 programs receiving the transferring students, excluding the test
240 scores of those students transferring more than 12 credits.
241 (7) PROGRAM CLOSURE.—
242 (d) A program that is terminated or closed under this
243 section may not seek program approval under its original name or
244 a new program name for a minimum of 3 years after the date of
245 termination or closing.
246 (8) RULEMAKING.—The board does not have rulemaking
247 authority to administer this section, except that the board
248 shall adopt rules that prescribe the format for submitting
249 program applications under subsection (1) and annual reports
250 under subsection (3), and to administer the documentation of the
251 accreditation of nursing education programs under subsection
252 (11). The board may adopt rules related to the nursing
253 curriculum and nursing program implementation plans, which may
254 include definitions of the various types and uses of simulation
255 technology and limitations on the technology’s use. The board
256 may also adopt rules related to program termination or closure
257 under this section and the procedure for a program that is
258 terminated or closed under this section to seek subsequent
259 program approval. The board may not impose any condition or
260 requirement on an educational institution submitting a program
261 application, an approved program, or an accredited program,
262 except as expressly provided in this section.
263 (9) APPLICABILITY TO ACCREDITED PROGRAMS.—
264 (a) Subsections (1)-(3), paragraph (4)(b), and paragraphs
265 (5)(b) and (d) subsection (5) do not apply to an accredited
266 program.
267 (10) IMPLEMENTATION STUDY.—The Florida Center for Nursing
268 and the education policy area of the Office of Program Policy
269 Analysis and Government Accountability shall study the
270 administration of this section and submit reports to the
271 Governor, the President of the Senate, and the Speaker of the
272 House of Representatives annually by January 30, through January
273 30, 2020. The annual reports shall address the previous academic
274 year; provide data on the measures specified in paragraphs (a)
275 and (b), as such data becomes available; and include an
276 evaluation of such data for purposes of determining whether this
277 section is increasing the availability of nursing education
278 programs and the production of quality nurses. The department
279 and each approved program or accredited program shall comply
280 with requests for data from the Florida Center for Nursing and
281 the education policy area of the Office of Program Policy
282 Analysis and Government Accountability.
283 (a) The Florida Center for Nursing education policy area of
284 the Office of Program Policy Analysis and Government
285 Accountability shall evaluate program-specific data for each
286 approved program and accredited program conducted in the state,
287 including, but not limited to:
288 1. The number of programs and student slots available.
289 2. The number of student applications submitted, the number
290 of qualified applicants, and the number of students accepted.
291 3. The number of program graduates.
292 4. Program retention rates of students tracked from program
293 entry to graduation.
294 5. Graduate passage rates on the National Council of State
295 Boards of Nursing Licensing Examination.
296 6. The number of graduates who become employed as practical
297 or professional nurses in the state.
298 (b) The Florida Center for Nursing shall evaluate the
299 board’s implementation of the:
300 1. Program application approval process, including, but not
301 limited to, the number of program applications submitted under
302 subsection (1); the number of program applications approved and
303 denied by the board under subsection (2); the number of denials
304 of program applications reviewed under chapter 120; and a
305 description of the outcomes of those reviews.
306 2. Accountability processes, including, but not limited to,
307 the number of programs on probationary status, the number of
308 approved programs for which the program director is required to
309 appear before the board under subsection (5), the number of
310 approved programs terminated by the board, the number of
311 terminations reviewed under chapter 120, and a description of
312 the outcomes of those reviews.
313 (c) The Florida Center for Nursing shall complete an annual
314 assessment of compliance by programs with the accreditation
315 requirements of subsection (11), include in the assessment a
316 determination of the accreditation process status for each
317 program, and submit the assessment as part of the report
318 required by this subsection For any state fiscal year in which
319 The Florida Center for Nursing does not receive legislative
320 appropriations, the education policy area of the Office of
321 Program Policy Analysis and Government Accountability shall
322 perform the duties assigned by this subsection to the Florida
323 Center for Nursing.
324 (11) ACCREDITATION REQUIRED.—
325 (e) A nursing education program that fails to meet the
326 accreditation requirements shall be terminated and is ineligible
327 for reapproval under its original name or a new program name for
328 a minimum of 3 years after the date of termination.
329 Section 5. This act shall take effect July 1, 2017.