Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1296
       
       
       
       
       
       
                                Ì147202nÎ147202                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2021           .                                
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       The Committee on Health Policy (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (6) through (13) of section
    6  464.003, Florida Statutes, are redesignated as subsections (7)
    7  through (14), respectively, present subsection (14) of that
    8  section is redesignated as subsection (6) and amended, and
    9  subsection (22) of that section is amended, to read:
   10         464.003 Definitions.—As used in this part, the term:
   11         (6)(14) “Average graduate passage rate” means the
   12  percentage of a program’s test takers graduates who, as first
   13  time test takers, pass the National Council of State Boards of
   14  Nursing Licensing Examination (NCLEX) during the most recent 2
   15  consecutive a calendar years year, as calculated by the contract
   16  testing service of the National Council of State Boards of
   17  Nursing. The term includes all test takers as defined in this
   18  section.
   19         (22) “Test takers” means those graduates who take the NCLEX
   20  within 1 year after their graduation date and do not fail the
   21  examination more than three consecutive times pursuant to s.
   22  464.008(3) “Required passage rate” means the graduate passage
   23  rate required for an approved program pursuant to s.
   24  464.019(5)(a).
   25         Section 2. Subsections (3), (4), and (5) of section
   26  464.019, Florida Statutes, are amended to read:
   27         464.019 Approval of nursing education programs.—
   28         (3) ANNUAL REPORT.—By April November 1 of each year, each
   29  approved program shall submit to the board an annual report
   30  composed comprised of an affidavit certifying continued
   31  compliance with subsection (1), a summary description of the
   32  program’s compliance with subsection (1), and documentation for
   33  the previous calendar academic year that, to the extent
   34  applicable, describes:
   35         (a) The number of student applications received, qualified
   36  applicants, applicants accepted, accepted applicants who enroll
   37  in the program, students enrolled in the program, and program
   38  graduates.
   39         (b) The program’s retention rates for students tracked from
   40  program entry to graduation.
   41         (c)The program’s average graduate passage rate as defined
   42  in s. 464.003 or the program’s passage rate as calculated by the
   43  contract testing service of the National Council of State Boards
   44  of Nursing if the average passage rate is 80 percent or greater
   45  on the NCLEX for the prior calendar year.
   46         (d)(c) The program’s accreditation status, including
   47  identification of the accrediting agency.
   48         (e)The number of students who were provided information on
   49  available remediation programs pursuant to paragraph (5)(e).
   50         (4) INTERNET WEBSITE.—The board shall publish the following
   51  information on its Internet website:
   52         (a) A list of each accredited program conducted in the
   53  state and the program’s average graduate passage rate rates for
   54  the most recent 2 calendar years, which the department shall
   55  determine through the following sources:
   56         1. For a program’s accreditation status, the specialized
   57  accrediting agencies that are nationally recognized by the
   58  United States Secretary of Education to accredit nursing
   59  education programs.
   60         2. For a program’s average graduate passage rate rates, the
   61  contract testing service of the National Council of State Boards
   62  of Nursing and the approved program.
   63         (b) The following data for each approved program, which
   64  includes, to the extent applicable:
   65         1. All documentation provided by the program in its program
   66  application.
   67         2. The summary description of the program’s compliance
   68  submitted under subsection (3).
   69         3. The program’s accreditation status, including
   70  identification of the accrediting agency.
   71         4. The program’s probationary status.
   72         5. The program’s average graduate passage rate rates for
   73  the most recent 2 calendar years.
   74         6. Each program’s retention rates for students tracked from
   75  program entry to graduation.
   76         (c) The average graduate passage rate rates for United
   77  States-educated United States educated, first-time test takers
   78  on the National Council of State Boards of Nursing Licensing
   79  Examination for the most recent 2 calendar years, as calculated
   80  by the contract testing service of the National Council of State
   81  Boards of Nursing. The average graduate passage rate must rates
   82  shall be published separately for each type of comparable degree
   83  program listed in paragraph (5)(a) subparagraph (5)(a)1.
   84  
   85  The information required to be published under this subsection
   86  shall be made available in a manner that allows interactive
   87  searches and comparisons of individual programs selected by the
   88  website user. The board shall update the Internet website at
   89  least quarterly with the available information.
   90         (5) ACCOUNTABILITY.—
   91         (a)1. An approved program must achieve an average a
   92  graduate passage rate of 80 percent or greater or be placed on
   93  probationary status or terminated as provided in subparagraph
   94  (5)(a)2 for first-time test takers which is not more than 10
   95  percentage points lower than the average passage rate during the
   96  same calendar year for graduates of comparable degree programs
   97  who are United States educated, first-time test takers on the
   98  National Council of State Boards of Nursing Licensing
   99  Examination, as calculated by the contract testing service of
  100  the National Council of State Boards of Nursing. For purposes of
  101  this subparagraph, an approved program is comparable to all
  102  degree programs of the same program type from among the
  103  following program types:
  104         a. Professional nursing education programs that terminate
  105  in a bachelor’s degree.
  106         b. Professional nursing education programs that terminate
  107  in an associate degree.
  108         c. Professional nursing education programs that terminate
  109  in a diploma.
  110         d. Practical nursing education programs.
  111         2. If an approved program’s average graduate passage rate
  112  does rates do not equal or exceed the average graduate required
  113  passage rate required in subparagraph 1. rates for 2 consecutive
  114  calendar years, the board shall place the program on
  115  probationary status pursuant to chapter 120 and the program
  116  director shall appear before the board to present a plan for
  117  remediation, which shall include specific benchmarks to identify
  118  progress toward the required average a graduate passage rate
  119  goal. The program must remain on probationary status until it
  120  achieves an average a graduate passage rate that equals or
  121  exceeds the required average graduate passage rate for any 1
  122  calendar year. The board shall deny a program application for a
  123  new prelicensure nursing education program submitted by an
  124  educational institution if the institution has an existing
  125  program that is already on probationary status.
  126         3. Upon the program’s achievement of a graduate passage
  127  rate of 80 percent or greater for test takers who took the NCLEX
  128  during the most recent calendar year and do not fail the
  129  examination more than three consecutive times pursuant to s.
  130  464.008(3) that equals or exceeds the required passage rate, the
  131  board, at its next regularly scheduled meeting following release
  132  of the program’s average graduate passage rate by the National
  133  Council of State Boards of Nursing, shall remove the program’s
  134  probationary status. If the program, during the 2 calendar years
  135  following its placement on probationary status, does not achieve
  136  the required average graduate passage rate for any 1 calendar
  137  year, the board may extend the program’s probationary status for
  138  1 additional year, provided the program has demonstrated
  139  adequate progress toward achieving the required average graduate
  140  passage rate goal by meeting a majority of the benchmarks
  141  established in the remediation plan. If the program is not
  142  granted the 1-year extension or fails to achieve the required
  143  average graduate passage rate by the end of such extension, the
  144  board shall terminate the program pursuant to chapter 120.
  145         (b) If an approved program fails to submit the annual
  146  report required in subsection (3), the board shall notify the
  147  program director and president or chief executive officer of the
  148  educational institution in writing within 15 days after the due
  149  date of the annual report. The program director shall appear
  150  before the board at the board’s next regularly scheduled meeting
  151  to explain the reason for the delay. The board shall terminate
  152  the program pursuant to chapter 120 if the program director
  153  fails to appear before the board, as required under this
  154  paragraph, or if the program does not submit the annual report
  155  within 6 months after the due date.
  156         (c) A nursing education program, whether accredited or
  157  nonaccredited, which has been placed on probationary status
  158  shall disclose its probationary status in writing to the
  159  program’s students and applicants. The notification must include
  160  an explanation of the implications of the program’s probationary
  161  status on the students or applicants.
  162         (d) If students from a program that is terminated pursuant
  163  to this subsection transfer to an approved or an accredited
  164  program under the direction of the Commission for Independent
  165  Education, the board shall recalculate the passage rates of the
  166  programs receiving the transferring students, excluding the test
  167  scores of those students transferring more than 12 credits.
  168         (e)For each student who fails to pass the NCLEX on his or
  169  her first attempt, and for at least 1 calendar year following
  170  his or her graduation date, an approved program must provide
  171  such student information about remediation programs designed to
  172  assist the student in passing the NCLEX.
  173         (f)The average graduate passage rate of an approved
  174  program for calendar years 2020 and 2021, as determined by the
  175  contract testing service of the National Council of State Boards
  176  of Nursing, may not be considered by the board in any manner
  177  when determining whether to take any adverse action against an
  178  approved program, such as placing or continuing an approved
  179  program on probationary status or terminating an existing
  180  approved program that is already on probationary status.
  181         (g)It is the intent of the Legislature that the amendment
  182  to this subsection apply retroactively to January 1, 2021, to
  183  prevent the board from placing or continuing an approved program
  184  on probationary status or terminating an existing approved
  185  program that is already on probationary status.
  186         Section 3. Subsection (2) of section 960.28, Florida
  187  Statutes, is amended to read:
  188         960.28 Payment for victims’ initial forensic physical
  189  examinations.—
  190         (2) The Crime Victims’ Services Office of the department
  191  shall pay for medical expenses connected with an initial
  192  forensic physical examination of a victim of sexual battery as
  193  defined in chapter 794 or a lewd or lascivious offense as
  194  defined in chapter 800. Such payment shall be made regardless of
  195  whether the victim is covered by health or disability insurance
  196  and whether the victim participates in the criminal justice
  197  system or cooperates with law enforcement. The payment shall be
  198  made only out of moneys allocated to the Crime Victims’ Services
  199  Office for the purposes of this section, and the payment may not
  200  exceed $1,000 with respect to any violation. The department
  201  shall develop and maintain separate protocols for the initial
  202  forensic physical examination of adults and children. Payment
  203  under this section is limited to medical expenses connected with
  204  the initial forensic physical examination, and payment may be
  205  made to a medical provider using an examiner qualified under
  206  part I of chapter 464, excluding s. 464.003(15) s. 464.003(14);
  207  chapter 458; or chapter 459. Payment made to the medical
  208  provider by the department shall be considered by the provider
  209  as payment in full for the initial forensic physical examination
  210  associated with the collection of evidence. The victim may not
  211  be required to pay, directly or indirectly, the cost of an
  212  initial forensic physical examination performed in accordance
  213  with this section.
  214         Section 4. This act shall take effect July 1, 2021.
  215  
  216  ================= T I T L E  A M E N D M E N T ================
  217  And the title is amended as follows:
  218         Delete everything before the enacting clause
  219  and insert:
  220                        A bill to be entitled                      
  221         An act relating to nursing programs; amending s.
  222         464.003, F.S.; defining the terms “average graduate
  223         passage rate” and “test takers”; amending s. 464.019,
  224         F.S.; revising requirements for an annual report
  225         submitted by approved nursing programs; revising
  226         specified information that the Board of Nursing must
  227         publish on its website; revising graduate passage rate
  228         requirements for approved nursing programs; requiring
  229         nursing programs to provide specified information to
  230         students who fail to pass a certain examination on
  231         their first attempt; prohibiting the board from
  232         considering average graduate passage rates from the
  233         2020 and 2021 calendar years when making certain
  234         determinations; providing for retroactive
  235         applicability; amending s. 960.28, F.S.; correcting a
  236         cross-reference; providing an effective date.