Florida Senate - 2010 SB 2530
By Senator Alexander
17-01916A-10 20102530__
1 A bill to be entitled
2 An act relating to nursing; amending s. 456.014, F.S.;
3 authorizing the disclosure of certain confidential
4 information required of nursing license applicants to
5 certain persons; amending s. 464.003, F.S.; providing
6 and revising definitions; amending s. 464.008, F.S.;
7 revising requirements for graduation from certain
8 nursing education programs for nursing license
9 applicants seeking to take the licensing examination;
10 amending s. 464.015, F.S.; revising restrictions on
11 nursing graduates who may use certain titles and
12 abbreviations; amending s. 464.019, F.S.; revising
13 requirements for the approval of nursing education
14 programs by the Board of Nursing, including
15 application requirements and procedures for the review
16 and approval or denial of applications; revising
17 requirements for the approval of nursing education
18 programs meeting certain requirements before a
19 specified date; providing for retroactive application;
20 revising requirements for the submission of annual
21 reports by approved programs; revising requirements
22 for the information published on the board’s Internet
23 website; revising accountability requirements for an
24 approved program’s graduate passage rates on a certain
25 licensing examination; revising procedures for placing
26 programs on, and removing such programs, from
27 probationary status; requiring termination of programs
28 under certain circumstances; requiring certain
29 representatives of programs that fail to submit annual
30 reports to appear before the board; requiring the
31 Department of Health to disclose certain confidential
32 information about a program’s graduates to the program
33 director under certain circumstances; requiring
34 program directors to maintain the confidentiality of
35 such information; providing penalties for unlawful
36 disclosure of confidential information; revising the
37 board’s authority to adopt rules; exempting accredited
38 programs from specified requirements; conforming
39 provisions; deleting obsolete provisions; revising
40 requirements for the Florida Center for Nursing’s
41 evaluation of the board’s implementation of certain
42 accountability provisions; conforming cross
43 references; amending s. 464.022, F.S.; conforming
44 provisions; amending ss. 458.348, 459.025, 464.012,
45 and 960.28, F.S.; conforming cross-references;
46 providing an effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Subsection (1) of section 456.014, Florida
51 Statutes, is amended to read:
52 456.014 Public inspection of information required from
53 applicants; exceptions; examination hearing.—
54 (1) All information required by the department of any
55 applicant shall be a public record and shall be open to public
56 inspection pursuant to s. 119.07, except financial information,
57 medical information, school transcripts, examination questions,
58 answers, papers, grades, and grading keys, which are
59 confidential and exempt from s. 119.07(1) and shall not be
60 discussed with or made accessible to anyone except the program
61 director of an approved program or accredited program as
62 provided in s. 464.019(7), members of the board, the department,
63 and staff thereof, who have a bona fide need to know such
64 information. Any information supplied to the department by any
65 other agency which is exempt from the provisions of chapter 119
66 or is confidential shall remain exempt or confidential pursuant
67 to applicable law while in the custody of the department or the
68 agency.
69 Section 2. Section 464.003, Florida Statutes, is reordered
70 and amended to read:
71 464.003 Definitions.—As used in this part, the term:
72 (1) “Accredited program” means a program for the
73 prelicensure education of professional or practical nurses that
74 is conducted in the United States at an educational institution,
75 whether in this state, another state, or the District of
76 Columbia, and that is accredited by a national accrediting
77 agency recognized by the United States Department of Education
78 for the agency’s specialization in nursing education.
79 (13)(1) “Department” means the Department of Health.
80 (5)(2) “Board” means the Board of Nursing.
81 (20)(3)(a) “Practice of professional nursing” means the
82 performance of those acts requiring substantial specialized
83 knowledge, judgment, and nursing skill based upon applied
84 principles of psychological, biological, physical, and social
85 sciences which shall include, but not be limited to:
86 (a)1. The observation, assessment, nursing diagnosis,
87 planning, intervention, and evaluation of care; health teaching
88 and counseling of the ill, injured, or infirm; and the promotion
89 of wellness, maintenance of health, and prevention of illness of
90 others.
91 (b)2. The administration of medications and treatments as
92 prescribed or authorized by a duly licensed practitioner
93 authorized by the laws of this state to prescribe such
94 medications and treatments.
95 (c)3. The supervision and teaching of other personnel in
96 the theory and performance of any of the above acts described in
97 this subsection.
98
99 A professional nurse is responsible and accountable for making
100 decisions that are based upon the individual’s educational
101 preparation and experience in nursing.
102 (19)(b) “Practice of practical nursing” means the
103 performance of selected acts, including the administration of
104 treatments and medications, in the care of the ill, injured, or
105 infirm and the promotion of wellness, maintenance of health, and
106 prevention of illness of others under the direction of a
107 registered nurse, a licensed physician, a licensed osteopathic
108 physician, a licensed podiatric physician, or a licensed
109 dentist. A The professional nurse and the practical nurse is
110 shall be responsible and accountable for making decisions that
111 are based upon the individual’s educational preparation and
112 experience in nursing.
113 (7)(c) “Clinical nurse specialist practice” means the
114 delivery and management of advanced practice nursing care to
115 individuals or groups, including the ability to:
116 (a)1. Assess the health status of individuals and families
117 using methods appropriate to the population and area of
118 practice.
119 (b)2. Diagnose human responses to actual or potential
120 health problems.
121 (c)3. Plan for health promotion, disease prevention, and
122 therapeutic intervention in collaboration with the patient or
123 client.
124 (d)4. Implement therapeutic interventions based on the
125 nurse specialist’s area of expertise and within the scope of
126 advanced nursing practice, including, but not limited to, direct
127 nursing care, counseling, teaching, and collaboration with other
128 licensed health care providers.
129 (e)5. Coordinate health care as necessary and appropriate
130 and evaluate with the patient or client the effectiveness of
131 care.
132 (2)(d) “Advanced or specialized nursing practice” means, in
133 addition to the practice of professional nursing, the
134 performance of advanced-level nursing acts approved by the board
135 which, by virtue of postbasic specialized education, training,
136 and experience, are appropriately performed by an advanced
137 registered nurse practitioner. Within the context of advanced or
138 specialized nursing practice, the advanced registered nurse
139 practitioner may perform acts of nursing diagnosis and nursing
140 treatment of alterations of the health status. The advanced
141 registered nurse practitioner may also perform acts of medical
142 diagnosis and treatment, prescription, and operation which are
143 identified and approved by a joint committee composed of three
144 members appointed by the Board of Nursing, two of whom must be
145 advanced registered nurse practitioners; three members appointed
146 by the Board of Medicine, two of whom must have had work
147 experience with advanced registered nurse practitioners; and the
148 State Surgeon General or the State Surgeon General’s designee.
149 Each committee member appointed by a board shall be appointed to
150 a term of 4 years unless a shorter term is required to establish
151 or maintain staggered terms. The Board of Nursing shall adopt
152 rules authorizing the performance of any such acts approved by
153 the joint committee. Unless otherwise specified by the joint
154 committee, such acts must be performed under the general
155 supervision of a practitioner licensed under chapter 458,
156 chapter 459, or chapter 466 within the framework of standing
157 protocols which identify the medical acts to be performed and
158 the conditions for their performance. The department may, by
159 rule, require that a copy of the protocol be filed with the
160 department along with the notice required by s. 458.348.
161 (17)(e) “Nursing diagnosis” means the observation and
162 evaluation of physical or mental conditions, behaviors, signs
163 and symptoms of illness, and reactions to treatment and the
164 determination as to whether such conditions, signs, symptoms,
165 and reactions represent a deviation from normal.
166 (18)(f) “Nursing treatment” means the establishment and
167 implementation of a nursing regimen for the care and comfort of
168 individuals, the prevention of illness, and the education,
169 restoration, and maintenance of health.
170 (22)(4) “Registered nurse” means any person licensed in
171 this state to practice professional nursing.
172 (16)(5) “Licensed practical nurse” means any person
173 licensed in this state to practice practical nursing.
174 (6) “Clinical nurse specialist” means any person licensed
175 in this state to practice professional nursing and certified in
176 clinical nurse specialist practice.
177 (3)(7) “Advanced registered nurse practitioner” means any
178 person licensed in this state to practice professional nursing
179 and certified in advanced or specialized nursing practice,
180 including certified registered nurse anesthetists, certified
181 nurse midwives, and nurse practitioners.
182 (4)(8) “Approved program” means a nursing program for the
183 prelicensure education of professional or practical nurses that
184 is conducted in the state at an educational institution and that
185 is in a school, college, or university which is approved under
186 s. 464.019 for the education of nurses. The term includes such a
187 program placed on probationary status.
188 (10)(9) “Clinical training” means direct nursing care
189 experiences with patients or clients which offer the student the
190 opportunity to integrate, apply, and refine specific skills and
191 abilities based on theoretical concepts and scientific
192 principles.
193 (8)(10) “Clinical preceptor” means a registered nurse or
194 licensed practical nurse who is employed by a clinical training
195 facility to serve who serves as a role model and clinical
196 resource person for a specified period to students an individual
197 enrolled in an approved program.
198 (9)(11) “Clinical simulation” means a strategy used to
199 replicate clinical practice as closely as possible to teach
200 theory, assessment, technology, pharmacology, and skills.
201 (11)(12) “Community-based clinical experience” means
202 activities consistent with the curriculum and involving
203 individuals, families, and groups with the intent of promoting
204 wellness, maintaining health, and preventing illness.
205 (12)(13) “Curriculum” means a planned sequence of course
206 offerings and learning experiences that comprise a nursing
207 education program.
208 (21)(14) “Probationary status” means the status of an
209 approved a nursing education program that is placed on such
210 status pursuant subject to s. 464.019(2)(a)2. or (5)(a) or (b).
211 (14) “Educational institution” means a school, college, or
212 university.
213 (15) “Graduate passage rate” means the percentage of a
214 program’s graduates who, as first-time test takers, pass the
215 National Council of State Boards of Nursing Licensing
216 Examination during a calendar year, as calculated by the
217 contract testing service of the National Council of State Boards
218 of Nursing.
219 (23) “Required passage rate” means the graduate passage
220 rate required for an approved program pursuant to s.
221 464.019(6)(a)1.
222 Section 3. Subsection (1) of section 464.008, Florida
223 Statutes, is amended to read:
224 464.008 Licensure by examination.—
225 (1) Any person desiring to be licensed as a registered
226 nurse or licensed practical nurse shall apply to the department
227 to take the licensure examination. The department shall examine
228 each applicant who:
229 (a) Has completed the application form and remitted a fee
230 set by the board not to exceed $150 and has remitted an
231 examination fee set by the board not to exceed $75 plus the
232 actual per applicant cost to the department for purchase of the
233 examination from the National Council of State Boards of Nursing
234 or a similar national organization.
235 (b) Has provided sufficient information on or after October
236 1, 1989, which must be submitted by the department for a
237 statewide criminal records correspondence check through the
238 Department of Law Enforcement.
239 (c) Is in good mental and physical health, is a recipient
240 of a high school diploma or the equivalent, and has completed
241 the requirements for:
242 1. Graduation from an approved program;
243 2. Graduation from a prelicensure nursing education program
244 that the board determines is, or its equivalent to an approved
245 program;
246 3. Graduation on or after July 1, 2009, from an accredited
247 program; or
248 4. Graduation before July 1, 2009, from a prelicensure
249 nursing education program whose graduates at that time were
250 eligible for examination as determined by the board, for the
251 preparation of registered nurses or licensed practical nurses,
252 whichever is applicable.
253
254 Courses successfully completed in a professional nursing
255 education program that which are at least equivalent to a
256 practical nursing education program may be used to satisfy the
257 education requirements for licensure as a licensed practical
258 nurse.
259 (d) Has the ability to communicate in the English language,
260 which may be determined by an examination given by the
261 department.
262 Section 4. Subsections (3) and (4) of section 464.015,
263 Florida Statutes, are amended to read:
264 464.015 Titles and abbreviations; restrictions; penalty.—
265 (3) Only persons who are graduates of prelicensure nursing
266 education approved programs listed in s. 464.008(1)(c) or the
267 equivalent may use the term “Graduate Nurse” and the
268 abbreviation “G.N.,” pending the results of the first licensure
269 examination for which they are eligible.
270 (4) Only persons who are graduates of prelicensure nursing
271 education approved programs listed in s. 464.008(1)(c) or the
272 equivalent may use the term “Graduate Practical Nurse” and the
273 abbreviation “G.P.N.,” pending the results of the first
274 licensure examination for which they are eligible.
275 Section 5. Section 464.019, Florida Statutes, is reordered
276 and amended to read:
277 464.019 Approval of nursing education programs.—
278 (1) PROGRAM APPLICATIONS.—An educational institution that
279 wishes to conduct a program in this state for the prelicensure
280 education of professional or practical nurses must shall submit
281 to the department a program application and a program review fee
282 of $1,000 for each certificate, associate degree, or bachelor’s
283 degree prelicensure nursing education program to be offered at
284 the institution’s main campus, branch campus, or other
285 instructional site the department. Within 90 days after receipt
286 of a program application and program review fee, the board shall
287 approve the program application if it documents compliance with
288 the standards in paragraphs (a)-(h). If the program application
289 is incomplete or does not document compliance, the board shall
290 follow the procedures in subsection (3). a program application
291 is deemed approved by the board if the board does not act on the
292 application within the timeframes specified in subsection (3) or
293 this subsection. Each program application must document that:
294 (a)1. For a professional nursing education program, the
295 program director and at least 50 percent of the program’s
296 faculty members are registered nurses who have, at a minimum, a
297 master’s or higher bachelor’s degree in nursing or a bachelor’s
298 and a master’s degree in nursing and a master’s or higher degree
299 in a field or a related to nursing field.
300 2.(b) For a practical nursing education program, the
301 program director and at least 50 percent of the program’s
302 faculty members are registered nurses who have, at a minimum, a
303 bachelor’s or higher degree in nursing.
304
305 The educational degree requirements of this paragraph may be
306 documented by an official transcript or by a written statement
307 from the educational institution verifying that the institution
308 conferred the degree.
309 (b)(c) The program’s nursing major curriculum consists of
310 at least:
311 1. Fifty percent clinical training for a practical nursing
312 education program, an associate degree professional nursing
313 education program, or a professional diploma nursing education
314 program.
315 2. Forty percent clinical training for a bachelor’s degree
316 professional nursing education program.
317 (c)(d) No more than 25 percent of the program’s clinical
318 training consists of clinical simulation.
319 (d)(e) The program has signed agreements with each agency,
320 facility, and organization included in the curriculum plan as
321 clinical training sites and community-based clinical experience
322 sites.
323 (e)(f) The program has written policies for faculty which
324 include provisions for direct or indirect supervision by program
325 faculty or clinical preceptors for students in clinical training
326 consistent with the following standards:
327 1. The number of program faculty members equals at least
328 one faculty member directly supervising every 12 students unless
329 the written agreement between the program and the agency,
330 facility, or organization providing clinical training sites
331 allows more students, not to exceed 18 students, to be directly
332 supervised by one program faculty member.
333 2. For a hospital setting, indirect supervision may occur
334 only if there is direct supervision by an assigned clinical
335 preceptor, a supervising program faculty member is available by
336 telephone, and such arrangement is approved by the clinical
337 facility.
338 3. For community-based clinical experiences that involve
339 student participation in invasive or complex nursing activities,
340 students must be directly supervised by a program faculty member
341 or clinical preceptor and such arrangement must be approved by
342 the community-based clinical facility.
343 4. For community-based clinical experiences not subject to
344 subparagraph 3., indirect supervision may occur only when a
345 supervising program faculty member is available to the student
346 by telephone.
347
348 A program’s policies established under this paragraph must
349 require a clinical preceptor, if supervising students in a
350 professional nursing education program, to be a registered nurse
351 or, if supervising students in a practical nursing education
352 program, to be a registered nurse or licensed practical nurse.
353 (f)(g) The professional or practical nursing curriculum
354 plan documents clinical experience and theoretical instruction
355 in medical, surgical, obstetric, pediatric, and geriatric
356 nursing. A professional nursing curriculum plan shall also
357 document clinical experience and theoretical instruction in
358 psychiatric nursing. Each curriculum plan must document clinical
359 training experience in appropriate settings that include, but
360 are not limited to, acute care, long-term care, and community
361 settings.
362 (g)(h) The professional or practical nursing education
363 program provides theoretical instruction and clinical
364 application in personal, family, and community health concepts;
365 nutrition; human growth and development throughout the life
366 span; body structure and function; interpersonal relationship
367 skills; mental health concepts; pharmacology and administration
368 of medications; and legal aspects of practice. A professional
369 nursing education program shall also provide theoretical
370 instruction and clinical application in interpersonal
371 relationships and leadership skills; professional role and
372 function; and health teaching and counseling skills.
373
374 Upon the board’s approval of a program application, the program
375 becomes an approved program under this section.
376 (3)(2) STATUS OF CERTAIN PROGRAMS.—
377 (a) A professional or practical nursing education program
378 becomes an approved program if that, as of June 30, 2009, the
379 program:
380 (a)1. Has full or provisional approval from the board or,
381 except as provided in paragraph (b), is on probationary status,
382 except as provided in subparagraph 2., becomes an approved
383 program under this section. In order to retain approved program
384 status, such program shall submit the report required under
385 paragraph (c) to the board by November 1, 2009, and annually
386 thereafter.
387 (b)2. Is on probationary status because the program did not
388 meet the board’s requirement for program graduate passage rates.
389 Such program on the National Council of State Boards of Nursing
390 Licensing Examination, shall remain on probationary status until
391 it the program achieves a graduate passage rate for calendar
392 year 2009 or 2010 that equals or exceeds the required passage
393 rate for the respective calendar year and compliance with the
394 program graduate passage rate requirement in paragraph (5)(a). A
395 program that is subject to this subparagraph must disclose its
396 probationary status in writing to the program’s students and
397 applicants submit the report required under paragraph (c) to the
398 board by November 1, 2009, and annually thereafter and must
399 comply with paragraph (5)(c). If the program does not achieve
400 the required passage rate compliance by July 1, 2011, the board
401 shall terminate the program pursuant to chapter 120 as provided
402 in paragraph (5)(d).
403 (b) Each professional or practical nursing program that has
404 its application approved by the board under subsection (1) on or
405 after July 1, 2009, shall annually submit the report required
406 under paragraph (c) to the board by November 1 of each year
407 following initial approval of its application.
408 (4) ANNUAL REPORT.—By November 1 of each year, each
409 approved program shall submit to the board an
410 (c) The annual report comprised of required by this
411 subsection must include an affidavit certifying continued
412 compliance with paragraphs (1)(a)-(g) subsection (1), must
413 provide a summary description of the program’s compliance with
414 paragraphs (1)(a)-(g) with subsection (1), and documentation
415 must document for the previous academic year that, to the extent
416 applicable, sets forth for each professional and practical
417 nursing program:
418 (a)1. The number of student applications received, the
419 number of qualified applicants, applicants and the number of
420 students accepted, accepted applicants who enroll in the
421 program, students enrolled in the program, and.
422 2. the number of program graduates.
423 3. The program’s graduate passage rate on the National
424 Council of State Boards of Nursing Licensing Examination.
425 (b)4. The program’s retention rates for students tracked
426 from program entry to graduation.
427 (c)5. The program’s accreditation status, including
428 identification of the accrediting agency if such agency is not
429 an accrediting agency described in s. 464.003(1) body.
430 (2)(3) PROGRAM APPROVAL.—
431 (a) Upon receipt of a If an institution’s program
432 application and review fee, the department shall examine the
433 application to determine whether it is complete. If a program
434 application is not complete incomplete, the department board
435 shall notify the educational institution in writing of any
436 apparent errors or omissions within 30 days after the
437 department’s receipt of the application and follow the
438 procedures in s. 120.60. A program application is deemed
439 complete upon the department’s receipt of:
440 1. The initial application, if the department does not
441 notify the educational institution of any errors or omissions
442 within the 30-day period; or
443 2. A revised application that corrects each error and
444 omission of which the department notifies the educational
445 institution within the 30-day period.
446 (b) Within 90 days after the department’s receipt of a
447 complete program application, the board shall:
448 1. Approve the If an institution’s program application if
449 it documents does not document compliance with paragraphs
450 (1)(a)-(g); or the standards in subsection (1), within 90 days
451 after the board’s receipt of the program application, the board
452 shall
453 2. Provide the educational institution with a notice of
454 intent to deny the program application if it does not document
455 compliance with paragraphs (1)(a)-(g) that sets forth written
456 reasons for the denial. The notice must set forth written
457 reasons for the board’s denial of the application. The board may
458 not deny a program application because of an educational
459 institution’s failure to correct any error or omission of which
460 the department does not notify the institution within the 30-day
461 notice period under paragraph (a). The educational institution
462 may request a hearing on the notice of intent to deny the
463 program application pursuant to chapter 120.
464 (c) A program application is deemed approved if the board
465 does not act within the 90-day review period provided under
466 paragraph (b).
467 (d) Upon the board’s approval of a program application, the
468 program becomes an approved program.
469 (5)(4) INTERNET WEBSITE.—The board shall publish the
470 following information on its Internet website:
471 (a) A list of each accredited program conducted in the
472 state and the program’s graduate passage rates for the most
473 recent 2 calendar years, which the department shall determine
474 through the following sources:
475 1. For a program’s accreditation status, the national
476 accrediting agencies recognized by the United States Department
477 of Education for their specialization in nursing education.
478 2. For a program’s graduate passage rates, the contract
479 testing service of the National Council of State Boards of
480 Nursing.
481 (b) The following data for each approved program, which on
482 nursing programs located in the state. The data shall include,
483 to the extent applicable:
484 1.(a) All documentation provided by the program in its
485 applicant for each approved nursing program application if
486 submitted on or after July 1, 2009.
487 2.(b) The summary description of the each program’s
488 compliance as submitted under subsection (4) paragraph (2)(c).
489 (c) A comprehensive list of each practical and professional
490 nursing program in the state.
491 3.(d) The program’s accreditation status for each program,
492 including identification of the accrediting agency if such
493 agency is not an accrediting agency described in s. 464.003(1)
494 body.
495 4.(e) The Each program’s approval or probationary status.
496 5.(f) The Each program’s graduate passage rates for the
497 most recent 2 calendar years rate on the National Council of
498 State Boards of Nursing Licensing Examination.
499 (g) The national average for passage rates on the National
500 Council of State Boards of Nursing Licensing Examination.
501 6.(h) Each program’s retention rates for students tracked
502 from program entry to graduation.
503 (c) The average passage rates for United States educated
504 first-time test takers on the National Council of State Boards
505 of Nursing Licensing Examination for the most recent 2 calendar
506 years, as calculated by the contract testing service of the
507 National Council of State Boards of Nursing. The average passage
508 rates shall be published separately for each type of comparable
509 degree program listed in sub-subparagraphs (6)(a)1.a.-c.
510
511 The information data required to be published under this
512 subsection shall be made available in a manner that allows
513 interactive searches and comparisons of individual specific
514 nursing education programs selected by the website user. The
515 board shall publish the data by December 31, 2009, and update
516 the Internet website at least quarterly with the available
517 information data.
518 (6)(5) ACCOUNTABILITY.—
519 (a)1. An approved program must achieve a graduate passage
520 rate that is not lower than 10 percentage points less than the
521 average passage rate for graduates of comparable degree programs
522 who are United States educated first-time test takers on the
523 National Council of State Boards of Nursing Licensing
524 Examination during a calendar year, as calculated by the
525 contract testing service of the National Council of State Boards
526 of Nursing. For purposes of this subparagraph, an approved
527 program is comparable to all degree programs of the same program
528 type from among the following program types:
529 a. Professional nursing education programs that terminate
530 in an associate degree.
531 b. Professional nursing education programs that terminate
532 in a bachelor’s degree.
533 c. Practical nursing education programs that terminate in a
534 certificate.
535 2. Beginning with graduate passage rates for calendar year
536 2010, if an approved a professional or practical nursing
537 program’s average graduate passage rates do not equal or exceed
538 the required passage rates rate for first-time test takers on
539 the National Council of State Boards of Nursing Licensing
540 Examination falls 10 percent or more below the national average
541 passage rate for first-time test takers educated in the United
542 States, as annually published by the contract testing service of
543 the National Council of State Boards of Nursing, for 2
544 consecutive calendar years, the board shall place the program on
545 probationary status pursuant to chapter 120 probation and the
546 program director must shall be required to appear before the
547 board to present a plan for remediation. The program shall
548 remain on probationary status until it achieves a compliance
549 with the graduate passage rate that equals or exceeds the
550 required passage rate for any one calendar year.
551 3. Upon the program’s achievement of a graduate passage
552 rate that equals or exceeds the required passage rate,
553 requirement and shall be terminated by the board, at its next
554 regularly scheduled meeting following release of the program’s
555 graduate passage rate by the National Council of State Boards of
556 Nursing, shall remove the program’s probationary status.
557 However, under paragraph (d) if the program, during the 2
558 calendar years following its placement on probationary status,
559 does not achieve the required passage rate for any one
560 compliance within 2 calendar year, the board shall terminate the
561 program pursuant to chapter 120 years.
562 (b) If an approved a program fails to submit the annual
563 report required in subsection (4) (2), the board shall notify
564 the program director and president or chief executive officer of
565 the educational institution in writing within 15 days after the
566 due date of the annual report. The program director must appear
567 before the board at the board’s next regularly scheduled meeting
568 to explain the reason for the delay place the program on
569 probation. The board program shall terminate the program
570 pursuant to chapter 120 remain on probationary status until it
571 submits the annual report and shall be terminated by the board
572 under paragraph (d) if it does not submit the annual report
573 within 6 months after the report’s due date.
574 (c) An approved A program placed on probationary status
575 shall disclose its probationary status in writing to the
576 program’s students and applicants.
577 (d) The board shall terminate a program that fails to
578 comply with subparagraph (2)(a)2., paragraph (a), or paragraph
579 (b) pursuant to chapter 120.
580 (7) DISCLOSURE OF GRADUATE PASSAGE RATE DATA.—
581 (a) For each of an approved program’s or accredited
582 program’s graduates included in the calculation of the program’s
583 graduate passage rate, the department shall disclose to the
584 program director, upon his or her written request, the name,
585 examination date, and determination of whether each graduate
586 passed or failed the National Council for State Boards of
587 Nursing Licensing Examination, to the extent that such
588 information is provided to the department by the contract
589 testing service of the National Council for State Boards of
590 Nursing. The written request must specify the calendar years for
591 which the information is requested.
592 (b) A program director to whom confidential information
593 exempt from public disclosure pursuant to s. 456.014 is
594 disclosed under this subsection must maintain the
595 confidentiality of the information and is subject to the same
596 penalties provided in s. 456.082 for department employees who
597 unlawfully disclose confidential information.
598 (8)(6) PROGRAM CLOSURE.—Each approved program and
599 accredited a nursing program conducted in the state that closes
600 shall notify the board in writing and advise the board of the
601 arrangements for storage of permanent records.
602 (9)(7) RULEMAKING.—The board does not have any rulemaking
603 authority to administer this section, except that the board
604 shall adopt a rule that prescribes the format for submitting
605 program applications under subsection (1) and annual reports
606 submitting summary descriptions of program compliance under
607 subsection (4) paragraph (2)(c). The board may not impose any
608 condition or requirement on an educational institution
609 submitting a program application, an approved program, or an
610 accredited program, a program on probationary status except as
611 expressly provided in this section. The board shall repeal all
612 rules, or portions thereof, in existence on July 1, 2009, that
613 are inconsistent with this subsection.
614 (10) APPLICABILITY.—Subsections (1)-(4), paragraph (5)(b),
615 and subsection (6) do not apply to an accredited program. An
616 accredited program on probationary status before July 1, 2010,
617 ceases to be subject to the probationary status. If an
618 accredited program ceases to be accredited, the program may
619 apply under this section to become an approved program.
620 (8) The Florida Center for Nursing and the Office of
621 Program Policy Analysis and Government Accountability shall
622 each:
623 (a) Monitor the administration of this section and evaluate
624 the effectiveness of this section in achieving quality nursing
625 programs with a higher production of quality nursing graduates.
626 (b) Report its findings and make recommendations, if
627 warranted, to improve the effectiveness of this section to the
628 Governor, the President of the Senate, and the Speaker of the
629 House of Representatives by February 1, 2010.
630 (11)(9) IMPLEMENTATION STUDY.—The Florida Center for
631 Nursing and the education policy area of the Office of Program
632 Policy Analysis and Government Accountability shall study the 5
633 year administration of this section and submit reports to the
634 Governor, the President of the Senate, and the Speaker of the
635 House of Representatives by January 30, 2011, and annually
636 thereafter through January 30, 2015. The annual reports shall
637 address the previous academic year; set forth data on the
638 measures specified in paragraphs (a) and (b) for each
639 prelicensure practical and professional nursing program in the
640 state, as such data becomes available; and include an evaluation
641 of such data for purposes of determining whether this section is
642 increasing the availability of nursing education programs and
643 the production of quality nurses. The department and each
644 approved program or accredited program shall comply with
645 requests for data from the Florida Center for Nursing and the
646 education policy area of the Office of Program Policy Analysis
647 and Government Accountability.
648 (a) The education policy area of the Office of Program
649 Policy Analysis and Government Accountability shall evaluate
650 program-specific data for each approved program and accredited
651 program conducted in the state, including, but not limited to:
652 1. The number of nursing education programs and student
653 slots available.
654 2. The number of student applications submitted, the number
655 of qualified applicants, and the number of students accepted.
656 3. The number of program graduates.
657 4. Program retention rates of students tracked from program
658 entry to graduation.
659 5. Graduate passage rates on the National Council of State
660 Boards of Nursing Licensing Examination.
661 6. The number of graduates who become employed as practical
662 or professional nurses in the state.
663 (b) The Florida Center for Nursing shall evaluate the
664 board’s implementation of the:
665 1. Program application approval process, including, but not
666 limited to, the number of program applications submitted under
667 subsection (1); the number of program applications approved and
668 denied by the board under subsection (2) subsections (1) and
669 (3); the number of denials of program applications reviewed
670 under chapter 120; and a description of the outcomes of those
671 reviews.
672 2. Accountability Probation and termination processes,
673 including, but not limited to, the number of programs placed on
674 probationary status, the number of approved programs for which
675 the program director is required to appear before the board
676 under subsection (6), the number of approved programs terminated
677 by the board under paragraph (5)(d), the number of terminations
678 reviewed under chapter 120, and a description of the outcomes of
679 those reviews.
680 Section 6. Subsection (4) of section 464.022, Florida
681 Statutes, is amended to read:
682 464.022 Exceptions.—No provision of this part shall be
683 construed to prohibit:
684 (4) The practice of nursing by graduates of prelicensure
685 nursing education approved programs listed in s. 464.008(1)(c)
686 or the equivalent, pending the result of the first licensing
687 examination for which they are eligible following graduation,
688 provided they practice under direct supervision of a registered
689 professional nurse. The board shall by rule define what
690 constitutes direct supervision.
691 Section 7. Paragraph (a) of subsection (1) and subsection
692 (2) of section 458.348, Florida Statutes, are amended to read:
693 458.348 Formal supervisory relationships, standing orders,
694 and established protocols; notice; standards.—
695 (1) NOTICE.—
696 (a) When a physician enters into a formal supervisory
697 relationship or standing orders with an emergency medical
698 technician or paramedic licensed pursuant to s. 401.27, which
699 relationship or orders contemplate the performance of medical
700 acts, or when a physician enters into an established protocol
701 with an advanced registered nurse practitioner, which protocol
702 contemplates the performance of medical acts identified and
703 approved by the joint committee pursuant to s. 464.003(2)(3)(d)
704 or acts set forth in s. 464.012(3) and (4), the physician shall
705 submit notice to the board. The notice shall contain a statement
706 in substantially the following form:
707 I, ...(name and professional license number of
708 physician)..., of ...(address of physician)... have hereby
709 entered into a formal supervisory relationship, standing orders,
710 or an established protocol with ...(number of persons)...
711 emergency medical technician(s), ...(number of persons)...
712 paramedic(s), or ...(number of persons)... advanced registered
713 nurse practitioner(s).
714 (2) ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.—The
715 joint committee created under s. 464.003(2)(3)(d) shall
716 determine minimum standards for the content of established
717 protocols pursuant to which an advanced registered nurse
718 practitioner may perform medical acts identified and approved by
719 the joint committee pursuant to s. 464.003(2)(3)(d) or acts set
720 forth in s. 464.012(3) and (4) and shall determine minimum
721 standards for supervision of such acts by the physician, unless
722 the joint committee determines that any act set forth in s.
723 464.012(3) or (4) is not a medical act. Such standards shall be
724 based on risk to the patient and acceptable standards of medical
725 care and shall take into account the special problems of
726 medically underserved areas. The standards developed by the
727 joint committee shall be adopted as rules by the Board of
728 Nursing and the Board of Medicine for purposes of carrying out
729 their responsibilities pursuant to part I of chapter 464 and
730 this chapter, respectively, but neither board shall have
731 disciplinary powers over the licensees of the other board.
732 Section 8. Paragraph (a) of subsection (1) of section
733 459.025, Florida Statutes, is amended to read:
734 459.025 Formal supervisory relationships, standing orders,
735 and established protocols; notice; standards.—
736 (1) NOTICE.—
737 (a) When an osteopathic physician enters into a formal
738 supervisory relationship or standing orders with an emergency
739 medical technician or paramedic licensed pursuant to s. 401.27,
740 which relationship or orders contemplate the performance of
741 medical acts, or when an osteopathic physician enters into an
742 established protocol with an advanced registered nurse
743 practitioner, which protocol contemplates the performance of
744 medical acts identified and approved by the joint committee
745 pursuant to s. 464.003(2)(3)(d) or acts set forth in s.
746 464.012(3) and (4), the osteopathic physician shall submit
747 notice to the board. The notice must contain a statement in
748 substantially the following form:
749 I, ...(name and professional license number of osteopathic
750 physician)..., of ...(address of osteopathic physician)... have
751 hereby entered into a formal supervisory relationship, standing
752 orders, or an established protocol with ...(number of
753 persons)... emergency medical technician(s), ...(number of
754 persons)... paramedic(s), or ...(number of persons)... advanced
755 registered nurse practitioner(s).
756 Section 9. Paragraph (c) of subsection (3) of section
757 464.012, Florida Statutes, is amended to read:
758 464.012 Certification of advanced registered nurse
759 practitioners; fees.—
760 (3) An advanced registered nurse practitioner shall perform
761 those functions authorized in this section within the framework
762 of an established protocol that is filed with the board upon
763 biennial license renewal and within 30 days after entering into
764 a supervisory relationship with a physician or changes to the
765 protocol. The board shall review the protocol to ensure
766 compliance with applicable regulatory standards for protocols.
767 The board shall refer to the department licensees submitting
768 protocols that are not compliant with the regulatory standards
769 for protocols. A practitioner currently licensed under chapter
770 458, chapter 459, or chapter 466 shall maintain supervision for
771 directing the specific course of medical treatment. Within the
772 established framework, an advanced registered nurse practitioner
773 may:
774 (c) Perform additional functions as may be determined by
775 rule in accordance with s. 464.003(2)(3)(d).
776 Section 10. Subsection (2) of section 960.28, Florida
777 Statutes, is amended to read:
778 960.28 Payment for victims’ initial forensic physical
779 examinations.—
780 (2) The Crime Victims’ Services Office of the department
781 shall pay for medical expenses connected with an initial
782 forensic physical examination of a victim of sexual battery as
783 defined in chapter 794 or a lewd or lascivious offense as
784 defined in chapter 800. Such payment shall be made regardless of
785 whether the victim is covered by health or disability insurance
786 and whether the victim participates in the criminal justice
787 system or cooperates with law enforcement. The payment shall be
788 made only out of moneys allocated to the Crime Victims’ Services
789 Office for the purposes of this section, and the payment may not
790 exceed $500 with respect to any violation. The department shall
791 develop and maintain separate protocols for the initial forensic
792 physical examination of adults and children. Payment under this
793 section is limited to medical expenses connected with the
794 initial forensic physical examination, and payment may be made
795 to a medical provider using an examiner qualified under part I
796 of chapter 464, excluding s. 464.003(16)(5); chapter 458; or
797 chapter 459. Payment made to the medical provider by the
798 department shall be considered by the provider as payment in
799 full for the initial forensic physical examination associated
800 with the collection of evidence. The victim may not be required
801 to pay, directly or indirectly, the cost of an initial forensic
802 physical examination performed in accordance with this section.
803 Section 11. This act shall take effect July 1, 2010.