Florida Senate - 2009 CS for SB 2284
By the Committee on Higher Education; and Senator Haridopolos
589-04054-09 20092284c1
1 A bill to be entitled
2 An act relating to nursing programs; amending s.
3 464.003, F.S.; providing definitions; amending s.
4 464.019, F.S.; providing an approval process for
5 practical and professional nursing programs; requiring
6 a program application and fee; specifying a timeframe
7 within which the Board of Nursing must approve the
8 application or issue a notice of intent to deny;
9 specifying the standards each program application must
10 document; providing that an approved program
11 application constitutes an approved nursing program;
12 providing that programs approved by the board or on
13 specified probationary status on a specified date
14 retain approval status; providing conditions in which
15 a nursing program may remain on probationary status;
16 requiring programs to annually submit an affidavit
17 certifying specified compliance and a report to the
18 board; authorizing an applicant to respond to a notice
19 of intent to deny an application; requiring the board
20 to issue a notice indicating its approval or
21 disapproval of the program application; providing
22 administrative review for applications that are
23 denied; requiring the board to publish specified
24 information about nursing programs on its website;
25 providing criteria for a program’s placement on
26 probation; requiring programs placed on probation to
27 disclose this status to students and applicants;
28 authorizing the board to terminate a program under
29 specified circumstances; requiring a nursing program
30 that closes to notify the board of specified record
31 storage; providing that the board does not have any
32 rulemaking authority; requiring the Florida Center for
33 Nursing and Office of Program Policy Analysis and
34 Government Accountability to evaluate and report on
35 the administration of the act; specifying required
36 report contents; providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsection (8) of section 464.003, Florida
41 Statutes, is amended, and subsections (9) through (15) are added
42 to that section, to read:
43 464.003 Definitions.—As used in this part, the term:
44 (8) “Approved program” means a nursing program conducted in
45 a school, college, or university which is approved under by the
46 board pursuant to s. 464.019 for the education of nurses.
47 (9) “Clinical training” means direct nursing care
48 experiences with patients or clients which offer the student the
49 opportunity to integrate, apply, and refine specific skills and
50 abilities that are based on theoretical concepts and scientific
51 principles.
52 (10) “Clinical preceptor” means a registered nurse employed
53 by the clinical training facility who serves as a role model and
54 clinical resource person for a specified period of time to an
55 individual enrolled in an approved nursing education program.
56 (11) “Clinical simulation” means a strategy used to
57 replicate clinical practice as closely as possible to teach
58 theory, assessment, technology, pharmacology, and skills.
59 (12) “Community-based clinical experience” means activities
60 consistent with the curriculum and involving individuals,
61 families, and groups with the intent to promote wellness,
62 maintain health and prevent illness. Structured nursing services
63 are not available, and invasive procedures may not be performed
64 at sites used for community-based clinical experiences.
65 (13) “Curriculum” means the planned sequence of course
66 offerings and learning experiences that comprise the nursing
67 education program.
68 (14) “Probationary status” means a nursing education
69 program subject to s. 464.019(2)(a)2., s. 464.019 (5)(a), or s.
70 464.019 (5)(b).
71 Section 2. Section 464.019, Florida Statutes, is amended to
72 read:
73 (Substantial rewording of section. See
74 s. 464.019, F.S., for present text.)
75 464.019 Approval of nursing programs.—
76 (1) An institution that wishes to conduct a program for the
77 education of professional or practical nurses shall submit a
78 program application and a program review fee of $1,000 to the
79 department. Within 90 days after receipt of a program
80 application and fee, the board shall approve a program
81 application that documents compliance with the standards in
82 paragraphs (a)-(h) or shall issue a notice of intent to deny
83 under subsection (3). Each program application must document
84 that:
85 (a) The program director and at least 50 percent of the
86 faculty members for a professional nursing program are
87 registered nurses who have, at a minimum, a bachelor’s degree in
88 nursing and a master’s degree in nursing or a related field.
89 (b) The program director and at least 50 percent of the
90 faculty members for a practical nursing program are registered
91 nurses who have, at a minimum, a bachelor’s degree in nursing.
92 (c) At least 50 percent of the program’s professional or
93 practical nursing major curriculum consists of clinical
94 training.
95 (d) No more than 25 percent of the program’s clinical
96 training consists of clinical simulation.
97 (e) The program has signed agreements with each agency,
98 facility, and organization included in the curriculum plan as
99 clinical training sites and community-based clinical experience
100 sites.
101 (f) The program has written policies for faculty which
102 include provisions for direct or indirect supervision by program
103 faculty or clinical preceptors for students in clinical training
104 consistent with the following standards:
105 1. The number of program faculty members equals at least
106 one faculty member directly supervising every 12 students unless
107 the written agreement between the program and the agency,
108 facility, or organization providing clinical training sites
109 allow more students, up to 18, to be directly supervised by one
110 program faculty member.
111 2. For a hospital setting, indirect supervision may occur
112 only if there is direct supervision by an assigned clinical
113 preceptor; a supervising program faculty member is available by
114 telephone; and such arrangement is approved by the clinical
115 facility.
116 3. For community-based clinical experiences that involve
117 student participation in invasive or complex nursing activities,
118 students must be directly supervised by a program faculty member
119 or clinical preceptor, and such arrangement must be approved by
120 the community-based clinical facility.
121 4. For community-based clinical experiences not subject to
122 subparagraph 3., indirect supervision may occur only when a
123 supervising program faculty member is available to the student
124 by telephone.
125 (g) The professional or practical nursing curriculum plan
126 documents clinical experience and theoretical instruction in
127 medical, surgical, obstetric, pediatric, and geriatric nursing.
128 A professional nursing curriculum plan shall also document
129 clinical experience and theoretical instruction in psychiatric
130 nursing. Each curriculum plan must document clinical training
131 experience in appropriate settings that include, but are not
132 limited to, acute care, long-term care, and community settings.
133 (h) The professional or practical nursing program provides
134 theoretical instruction and clinical application in personal,
135 family, and community health concepts; nutrition; human growth
136 and development throughout the life span; body structure and
137 function; interpersonal relationship skills; mental health
138 concepts; pharmacology and administration of medications; and
139 legal aspects of practice. A professional nursing program shall
140 also provide theoretical instruction and clinical application in
141 interpersonal relationships and leadership skills; professional
142 role and function; and health teaching and counseling skills.
143
144 An approved program application shall constitute an approved
145 nursing program.
146 (2)(a) A professional or practical nursing program that:
147 1. Has full or provisional approval from the board or that
148 is on probationary status, as of June 30, 2009, except as
149 provided in subparagraph 2., shall be considered approved under
150 this section. In order to retain approved status, such program
151 shall submit the report required under paragraph (c) to the
152 board by November 1, 2009, and annually thereafter.
153 2. Is on probationary status as of June 30, 2009, because
154 it did not meet the board’s requirement for program graduate
155 pass rates on the National Council of State Boards of Nursing
156 Licensing Examination, shall remain on probationary status until
157 it achieves compliance with the program graduate pass rate
158 requirement in paragraph (5)(a). Such program must achieve
159 compliance within 2 consecutive years after the date it was
160 placed on probation by the board. A program that is subject to
161 this subparagraph must submit the report required under
162 paragraph (c) to the board by November 1, 2009, and annually
163 thereafter; and comply with paragraph (5)(c). If the program
164 does not achieve compliance within the timeframe specified by
165 this subparagraph, it shall be terminated by the board as
166 provided in paragraph (5)(d).
167 (b) Each professional or practical nursing program that has
168 its application approved by the board under subsection (1) on or
169 after July 1, 2009, shall annually submit the report required
170 under paragraph (c) to the board by November 1 of each year
171 following initial approval of its application.
172 (c) The annual report required by this subsection must
173 include an affidavit certifying continued compliance with
174 paragraphs (1)(a)-(h) and must document for the prior academic
175 year for each professional and practical nursing program:
176 1. The number of student applications received, the number
177 of qualified applicants, and the number of students accepted.
178 2. The number of program graduates.
179 3. The program’s graduate pass rate for the National
180 Council of State Boards of Nursing Licensing Examination.
181 4. The program’s retention rates for students followed from
182 program entry to graduation.
183 5. The program’s accreditation status, including
184 identification of the accrediting body.
185 (3) If the board determines that the program application
186 does not document compliance with the standards in paragraphs
187 (1)(a)-(h), the board shall provide the applicant with a notice
188 of intent to deny which shall set forth written reasons for the
189 denial. Within 30 days after receipt of the notice of intent to
190 deny, the applicant may submit to the board documentation
191 rebutting the board’s reasons for denial. Within 30 days after
192 receipt of such documentation from an applicant, the board shall
193 issue a notice indicating its approval or denial of the program
194 application. An applicant may request a hearing on the denial of
195 its program application pursuant to chapter 120.
196 (4) The board shall publish data on nursing programs
197 located in this state on its Internet website. The data shall
198 include all documentation provided by the applicant for each
199 approved nursing program application; a comprehensive list of
200 each practical and professional nursing program in the state;
201 the accreditation status for each program, including
202 identification of the accrediting body; each program’s approval
203 or probationary status; each program’s graduate pass rate for
204 the National Council of State Boards of Nursing Licensing
205 Examination; the national average pass rate for the National
206 Council of State Boards of Nursing Licensing Examination; and
207 each program’s student retention rates, from program entry to
208 graduation. This information shall be made available in a manner
209 that allows interactive searches and comparisons of specific
210 programs. This information shall be published by December 31,
211 2009, and updated at least quarterly.
212 (5)(a) If the program’s graduate pass rate on the National
213 Council of State Boards of Nursing Licensing Examination falls
214 10 percent or more below the national average, as published by
215 the contract testing service of the National Council of State
216 Boards of Nursing, for 2 consecutive years, the program shall be
217 placed on probation, and the program director shall be required
218 to appear before the board to present a plan for remediation.
219 The program must achieve compliance with the graduate pass rate
220 in this paragraph within the next 2 consecutive years.
221 (b) If a program fails to submit the annual report required
222 in subsection (2), the program shall be placed on probation. The
223 program must submit the annual report or document compliance, as
224 appropriate, within 6 months after its is placed on probation.
225 (c) A program placed on probationary status shall disclose
226 this status in writing to its students and applicants.
227 (d) The board shall terminate a program that fails to
228 comply with subparagraph (2)(a)2., paragraph (a), or paragraph
229 (b) pursuant to chapter 120.
230 (6) A nursing program that closes shall notify the board in
231 writing and advise the board of the arrangements for storage of
232 permanent records.
233 (7) The board does not have any rulemaking authority to
234 administer this section.
235 (8) Beginning July 1, 2009, the Florida Center for Nursing
236 and the Office of Program Policy Analysis and Government
237 Accountability shall each:
238 (a) Monitor the administration of this section and evaluate
239 its effectiveness in achieving quality nursing programs with a
240 higher production of quality nursing graduates.
241 (b) Report its findings and make recommendations, if
242 warranted, to improve the effectiveness of this section to the
243 Governor, the President of the Senate, and the Speaker of the
244 House of Representatives by February 1, 2010.
245 (9) The Florida Center for Nursing and the Education Policy
246 Area of the Office of Program Policy Analysis and Government
247 Accountability shall jointly study the 5-year administration of
248 this section and submit a report to the Governor, the President
249 of the Senate, and the Speaker of the House of Representatives
250 on January 30, 2011, and annually thereafter through January 30,
251 2015. Each annual report shall address the previous academic
252 year and shall include data and analysis on the measures
253 specified in paragraphs (a)-(c) for each practical and
254 professional nursing program in this state, as such data becomes
255 available.
256 (a) To evaluate the program application approval process,
257 the report shall address the number of program applications
258 submitted under subsection (1); the number of program
259 applications approved and denied by the board under subsections
260 (1) and (3), respectively; the number of denials of program
261 application reviewed under chapter 120; and a description of the
262 outcomes of those reviews.
263 (b) To evaluate whether nursing program availability has
264 increased in this state and the quality of nurses produced by
265 these programs, the report shall address the number of programs
266 and student slots available; the number of student applications
267 submitted, the number of qualified applicants, and the number of
268 students accepted; the number of program graduates; program
269 student retention rates, from program entry to graduation;
270 graduate pass rates on the National Council of State Boards of
271 Nursing Licensing Examination; and the number of graduates who
272 become employed as practical or professional nurses in this
273 state.
274 (c) To evaluate compliance with this section, the report
275 shall address the number of programs placed on probationary
276 status, the number of programs terminated by the board under
277 paragraph (5)(d), the number of terminations reviewed under
278 chapter 120, and a description of the outcomes of those reviews.
279 Section 3. This act shall take effect July 1, 2009.