Senate Bill 1296 (2021) — Nursing programs
SB 1296
Florida Bills
Florida Senate - 2021 SB 1296 By Senator Brodeur 9-01171B-21 20211296__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to nursing programs; amending s. 2 464.003, F.S.; defining the terms “average graduate 3 passage rate” and “test takers”; amending s. 464.019, 4 F.S.; revising requirements for an annual report 5 submitted by approved nursing programs; revising 6 specified information that the Board of Nursing must 7 publish on its website; revising graduate passage rate 8 requirements for approved nursing programs; providing 9 that certain requirements for nursing programs apply 10 beginning in a specified year; requiring nursing 11 programs to offer remediation programs to students who 12 fail to pass a certain examination on their first 13 attempt; prohibiting the board from considering 14 average graduate passage rates from the 2020 and 2021 15 calendar years when making certain determinations; 16 providing for retroactive applicability; amending s. 17 960.28, F.S.; correcting a cross-reference; providing 18 an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22
Section 1. Present subsections (6) through (13) of
section 23 464.003, Florida Statutes, are redesignated as subsections (7) 24 through (14), respectively, present subsection (14) is 25 redesignated as subsection (6) and amended, and subsection (22) 26 of that
section is amended, to read: 27 464.003
Definitions.—As used in this part, the term: 28 (6)(14) “Average graduate passage rate” means the 29
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. percentage of a program’s test takers graduates who, as first-30 time test takers, pass the National Council of State Boards of 31 Nursing Licensing Examination (NCLEX) during the most recent 2 32 consecutive a calendar years year, as calculated by the contract 33 testing service of the National Council of State Boards of 34 Nursing. The term includes all test takers as defined in this 35
section regardless of the number of times the student takes the 36 NCLEX. 37 (22) “Test takers” means those graduates who take the NCLEX 38 within 1 year after their graduation date “Required passage 39 rate” means the graduate passage rate required for an approved 40 program pursuant to s. 464.019(5)(a). 41
Section 2. Subsections (3), (4), and (5), paragraph (
a) of 42 subsection (9), and paragraph (
f) of subsection (11) of
section 43 464.019, Florida Statutes, are amended to read: 44 464.019 Approval of nursing education programs.— 45
(3) ANNUAL REPORT.—By February November 1 of each year, 46 each approved program shall submit to the board an annual report 47 composed comprised of an affidavit certifying continued 48 compliance with subsection (1), a
summary description of the 49 program’s compliance with subsection (1), and documentation for 50 the previous calendar academic year which that, to the extent 51 applicable, describes: 52 (
a) The number of student applications received, qualified 53 applicants, applicants accepted, accepted applicants who enroll 54 in the program, students enrolled in the program, and program 55 graduates. 56 (
b) The program’s retention rates for students tracked from 57 program entry to graduation. 58
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c) The program’s average graduate passage rate. 59 (
d) The program’s accreditation status, including 60 identification of the accrediting agency. 61
(4) INTERNET WEBSITE.—The board shall publish the following 62 information on its Internet website: 63 (
a) A list of each accredited program conducted in this the 64 state and the program’s average graduate passage rate rates for 65 the most recent 2 calendar years, which the department shall 66 determine through the following sources: 67 1. For a program’s accreditation status, the specialized 68 accrediting agencies that are nationally recognized by the 69 United States Secretary of Education to accredit nursing 70 education programs. 71 2. For a program’s average graduate passage rate rates, the 72 contract testing service of the National Council of State Boards 73 of Nursing and the approved program. 74 (
b) The following data for each approved program, which 75 includes, to the extent applicable: 76 1. All documentation provided by the program in its program 77 application. 78 2. The
summary description of the program’s compliance 79 submitted under subsection (3). 80 3. The program’s accreditation status, including 81 identification of the accrediting agency. 82 4. The program’s probationary status. 83 5. The program’s average graduate passage rate rates for 84 the most recent 2 calendar years. 85 6. Each program’s retention rates for students tracked from 86 program entry to graduation. 87
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c) The average graduate passage rate rates for United 88 States-educated United States educated, first-time test takers 89 on the National Council of State Boards of Nursing Licensing 90 Examination for the most recent 2 calendar years, as calculated 91 by the contract testing service of the National Council of State 92 Boards of Nursing. The average graduate passage rate must rates 93 shall be published separately for each type of comparable degree 94 program listed in paragraph (5)(
a) subparagraph (5)(a)1. 95 96 The information required to be published under this subsection 97 shall be made available in a manner that allows interactive 98 searches and comparisons of individual programs selected by the 99 website user. The board shall update the Internet website at 100 least quarterly with the available information. 101
(5) ACCOUNTABILITY.— 102 (a)1.
An approved program must achieve an average a 103 graduate passage rate of 75 percent or greater than the most 104 recent national average graduate passage rate or be placed on 105 probationary status or terminated as provided in paragraph (b) 106 for first-time test takers which is not more than 10 percentage 107 points lower than the average passage rate during the same 108 calendar year for graduates of comparable degree programs who 109 are United States educated, first-time test takers on the 110 National Council of State Boards of Nursing Licensing 111 Examination, as calculated by the contract testing service of 112 the National Council of State Boards of Nursing.
For purposes of 113 this paragraph subparagraph, an approved program is comparable 114 to all degree programs of the same program type from among the 115 following program types: 116
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. 1.a. Professional nursing education programs that terminate 117 in a bachelor’s degree. 118 2.b. Professional nursing education programs that terminate 119 in an associate degree. 120 3.c. Professional nursing education programs that terminate 121 in a diploma. 122 4.d. Practical nursing education programs. 123 (
b) Beginning in calendar year 2022, all of the following 124 requirements apply: 125 1. By February 1 of each calendar year, approved programs, 126 in consultation with the board, must report all of the following 127 information for the 2 most recent consecutive calendar years to 128 the board: 129 a. The names and number of students who graduated, along 130 with their graduation dates, and who took, passed, or failed the 131 NCLEX, and the number of times each student took the NCLEX. 132 b.
The percentage of graduates who failed the NCLEX a third 133 time compared to the number of graduates who took the NCLEX. 134 c. The number of graduates who were offered the remediation 135 program, their graduation dates, and the names of students who 136 participated in the remediation program. 137 d. The average graduate passage rate and whether the 138 approved program has met or exceeded the average graduate 139 passage rate required in paragraph (a). 140 2.
Upon receipt of the information in subparagraph 1., the 141 board shall prepare a report detailing the average graduate 142 passage rate for each approved program and shall provide such 143 report to each approved program. 144 3. Upon receipt of the board’s report, an approved program 145
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. has 30 calendar days to provide additional information to the 146 board if there are any disputes relating to the information the 147 board used to prepare the report. 148 4. After the board receives all required or additional 149 information, the board shall issue a final report detailing the 150 average graduate passage rate for each approved program in 151 accordance with this subsection. 152 5.2.
If an approved program’s average graduate passage rate 153 does rates do not equal or exceed the average graduate required 154 passage rate required in paragraph (
a) rates for 2 consecutive 155 calendar years, the board shall place the program on 156 probationary status pursuant to
chapter 120 and the program 157 director shall appear before the board to present a plan for 158 remediation, which shall include specific benchmarks to identify 159 progress toward the required average a graduate passage rate 160 goal. The program must remain on probationary status until it 161 achieves an average a graduate passage rate that equals or 162 exceeds the required average graduate passage rate for any 1 163 calendar year.
The board shall deny a program application for a 164 new prelicensure nursing education program submitted by an 165 educational institution if the institution has an existing 166 program that is already on probationary status. 167 6.3.
Upon the program’s achievement of an average a 168 graduate passage rate that equals or exceeds the required 169 average graduate passage rate, the board shall remove the 170 program’s probationary status, at its next regularly scheduled 171 meeting following release of the program’s average graduate 172 passage rate by the National Council of State Boards of Nursing, 173 shall remove the program’s probationary status. 174
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If the program, during the 2 calendar years following 175 its placement on probationary status, does not achieve the 176 required average graduate passage rate for any 1 calendar year, 177 the board may extend the program’s probationary status for 1 178 additional year, provided the program has demonstrated adequate 179 progress toward achieving the required average graduate passage 180 rate goal by meeting a majority of the benchmarks established in 181 the remediation plan. 182 8.
If the program is not granted the 1-year extension or 183 fails to achieve the required average graduate passage rate by 184 the end of such extension, the board shall terminate the program 185 pursuant to
chapter 120. 186 (
c) For each student who fails to pass the NCLEX on his or 187 her first attempt, and for at least 1 calendar year following 188 his or her graduation date, an approved program must offer such 189 student a remediation program designed to assist the student in 190 passing the NCLEX. 191 (d)(
b) If an approved program fails to submit the annual 192 report required in subsection (3), the board shall notify the 193 program director and president or chief executive officer of the 194 educational institution in writing within 15 days after the due 195 date of the annual report. The program director shall appear 196 before the board at the board’s next regularly scheduled meeting 197 to explain the reason for the delay. The board shall terminate 198 the program pursuant to
chapter 120 if the program director 199 fails to appear before the board, as required under this 200 paragraph, or if the program does not submit the annual report 201 within 6 months after the due date. 202 (e)(
c) A nursing education program, whether accredited or 203
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. nonaccredited, which has been placed on probationary status 204 shall disclose its probationary status in writing to the 205 program’s students and applicants. The notification must include 206 an explanation of the implications of the program’s probationary 207 status on the students or applicants. 208 (f)(
d) If students from a program that is terminated 209 pursuant to this subsection transfer to an approved or an 210 accredited program under the direction of the Commission for 211 Independent Education, the board shall recalculate the passage 212 rates of the programs receiving the transferring students, 213 excluding the test scores of those students transferring more 214 than 12 credits. 215 (
g) The board may not consider average graduate passage 216 rates of any program for calendar years 2020 and 2021, as 217 determined by the contract testing service of the National 218 Council of State Boards of Nursing, in determining whether to 219 take any adverse action against an approved program, such as 220 placing or continuing a program on probationary status or 221 terminating a program that is already on probationary status. 222 (
h) It is the intent of the Legislature that the amendment 223 to this subsection apply retroactively to January 1, 2021, to 224 prevent the board from placing or continuing an approved program 225 on probationary status or terminating an existing approved 226 program that is already on probationary status. 227
(9) APPLICABILITY TO ACCREDITED PROGRAMS.— 228 (a) Subsections (1)-(3), paragraph (4)(b), and paragraph 229 (5)(d) (5)(
b) do not apply to an accredited program. 230
(11) ACCREDITATION REQUIRED.— 231 (
f) An approved nursing education program may, no sooner 232
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. than 90 days before the deadline for meeting the accreditation 233 requirements of this subsection, apply to the board for an 234 extension of the accreditation deadline for a period which does 235 not exceed 2 years.
An additional extension may not be granted. 236 In order to be eligible for the extension, the approved program 237 must establish that it has a graduate passage rate of 60 percent 238 or higher on the National Council of State Boards of Nursing 239 Licensing Examination for the most recent calendar year and must 240 meet a majority of the board’s additional criteria, including, 241 but not limited to, all of the following: 242 1. A student retention rate of 60 percent or higher for the 243 most recent calendar year. 244 2.
A graduate work placement rate of 70 percent or higher 245 for the most recent calendar year. 246 3. The program has applied for approval or been approved by 247 an institutional or programmatic accreditor recognized by the 248 United States Department of Education. 249 4. The program is in full compliance with subsections (1) 250 and (3) and paragraph (5)(d) (5)(b). 251 5.
The program is not currently in its second year of 252 probationary status under subsection (5). 253 254 The applicable deadline under this paragraph is tolled from the 255 date on which an approved program applies for an extension until 256 the date on which the board issues a decision on the requested 257 extension. 258
Section 3. Subsection (2) of
section 960.28, Florida 259 Statutes, is amended to read: 260 960.28 Payment for victims’ initial forensic physical 261
Florida Senate - 2021 SB 1296 9-01171B-21 20211296__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. examinations.— 262
(2) The Crime Victims’ Services Office of the department 263 shall pay for medical expenses connected with an initial 264 forensic physical examination of a victim of sexual battery as 265 defined in
chapter 794 or a lewd or lascivious offense as 266 defined in
chapter 800. Such payment shall be made regardless of 267 whether the victim is covered by health or disability insurance 268 and whether the victim participates in the criminal justice 269 system or cooperates with law enforcement. The payment shall be 270 made only out of moneys allocated to the Crime Victims’ Services 271 Office for the purposes of this section, and the payment may not 272 exceed $1,000 with respect to any violation. The department 273 shall develop and maintain separate protocols for the initial 274 forensic physical examination of adults and children. Payment 275 under this
section is limited to medical expenses connected with 276 the initial forensic physical examination, and payment may be 277 made to a medical provider using an examiner qualified under 278
part I of
chapter 464, excluding s. 464.003(15) s. 464.003(14); 279
chapter 458; or
chapter 459. Payment made to the medical 280 provider by the department shall be considered by the provider 281 as payment in full for the initial forensic physical examination 282 associated with the collection of evidence. The victim may not 283 be required to pay, directly or indirectly, the cost of an 284 initial forensic physical examination performed in accordance 285 with this section. 286