September 29, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
       Florida Senate - 2010                             CS for SB 2530
       
       
       
       By the Committee on Health and Human Services Appropriations;
       and Senators Alexander and Crist
       
       
       
       603-04849-10                                          20102530c1
    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
   37         requirements for the closure of programs; revising the
   38         board’s authority to adopt rules; exempting accredited
   39         programs from specified requirements; providing
   40         requirements for an accredited program that ceases to
   41         be accredited; conforming provisions; deleting
   42         obsolete provisions; revising requirements for the
   43         Florida Center for Nursing’s evaluation of the board’s
   44         implementation of certain accountability provisions;
   45         conforming cross-references; amending s. 464.022,
   46         F.S.; conforming provisions; amending ss. 458.348,
   47         459.025, 464.012, and 960.28, F.S.; conforming cross
   48         references; providing an effective date.
   49  
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (1) of section 456.014, Florida
   53  Statutes, is amended to read:
   54         456.014 Public inspection of information required from
   55  applicants; exceptions; examination hearing.—
   56         (1) All information required by the department of any
   57  applicant shall be a public record and shall be open to public
   58  inspection pursuant to s. 119.07, except financial information,
   59  medical information, school transcripts, examination questions,
   60  answers, papers, grades, and grading keys, which are
   61  confidential and exempt from s. 119.07(1) and shall not be
   62  discussed with or made accessible to anyone except the program
   63  director of an approved program or accredited program as
   64  provided in s. 464.019(7), members of the board, the department,
   65  and staff thereof, who have a bona fide need to know such
   66  information. Any information supplied to the department by any
   67  other agency which is exempt from the provisions of chapter 119
   68  or is confidential shall remain exempt or confidential pursuant
   69  to applicable law while in the custody of the department or the
   70  agency.
   71         Section 2. Section 464.003, Florida Statutes, is reordered
   72  and amended to read:
   73         464.003 Definitions.—As used in this part, the term:
   74         (1) “Accredited program” means a program for the
   75  prelicensure education of professional or practical nurses which
   76  is conducted in the United States at an educational institution,
   77  whether in this state, another state, or the District of
   78  Columbia, and is accredited by a specialized nursing accrediting
   79  agency that is nationally recognized by the United States
   80  Secretary of Education to accredit nursing education programs.
   81         (13)(1) “Department” means the Department of Health.
   82         (5)(2) “Board” means the Board of Nursing.
   83         (20)(3)(a) “Practice of professional nursing” means the
   84  performance of those acts requiring substantial specialized
   85  knowledge, judgment, and nursing skill based upon applied
   86  principles of psychological, biological, physical, and social
   87  sciences which shall include, but not be limited to:
   88         (a)1. The observation, assessment, nursing diagnosis,
   89  planning, intervention, and evaluation of care; health teaching
   90  and counseling of the ill, injured, or infirm; and the promotion
   91  of wellness, maintenance of health, and prevention of illness of
   92  others.
   93         (b)2. The administration of medications and treatments as
   94  prescribed or authorized by a duly licensed practitioner
   95  authorized by the laws of this state to prescribe such
   96  medications and treatments.
   97         (c)3. The supervision and teaching of other personnel in
   98  the theory and performance of any of the above acts described in
   99  this subsection.
  100  
  101  A professional nurse is responsible and accountable for making
  102  decisions that are based upon the individual’s educational
  103  preparation and experience in nursing.
  104         (19)(b) “Practice of practical nursing” means the
  105  performance of selected acts, including the administration of
  106  treatments and medications, in the care of the ill, injured, or
  107  infirm and the promotion of wellness, maintenance of health, and
  108  prevention of illness of others under the direction of a
  109  registered nurse, a licensed physician, a licensed osteopathic
  110  physician, a licensed podiatric physician, or a licensed
  111  dentist. A The professional nurse and the practical nurse is
  112  shall be responsible and accountable for making decisions that
  113  are based upon the individual’s educational preparation and
  114  experience in nursing.
  115         (7)(c) “Clinical nurse specialist practice” means the
  116  delivery and management of advanced practice nursing care to
  117  individuals or groups, including the ability to:
  118         (a)1. Assess the health status of individuals and families
  119  using methods appropriate to the population and area of
  120  practice.
  121         (b)2. Diagnose human responses to actual or potential
  122  health problems.
  123         (c)3. Plan for health promotion, disease prevention, and
  124  therapeutic intervention in collaboration with the patient or
  125  client.
  126         (d)4. Implement therapeutic interventions based on the
  127  nurse specialist’s area of expertise and within the scope of
  128  advanced nursing practice, including, but not limited to, direct
  129  nursing care, counseling, teaching, and collaboration with other
  130  licensed health care providers.
  131         (e)5. Coordinate health care as necessary and appropriate
  132  and evaluate with the patient or client the effectiveness of
  133  care.
  134         (2)(d) “Advanced or specialized nursing practice” means, in
  135  addition to the practice of professional nursing, the
  136  performance of advanced-level nursing acts approved by the board
  137  which, by virtue of postbasic specialized education, training,
  138  and experience, are appropriately performed by an advanced
  139  registered nurse practitioner. Within the context of advanced or
  140  specialized nursing practice, the advanced registered nurse
  141  practitioner may perform acts of nursing diagnosis and nursing
  142  treatment of alterations of the health status. The advanced
  143  registered nurse practitioner may also perform acts of medical
  144  diagnosis and treatment, prescription, and operation which are
  145  identified and approved by a joint committee composed of three
  146  members appointed by the Board of Nursing, two of whom must be
  147  advanced registered nurse practitioners; three members appointed
  148  by the Board of Medicine, two of whom must have had work
  149  experience with advanced registered nurse practitioners; and the
  150  State Surgeon General or the State Surgeon General’s designee.
  151  Each committee member appointed by a board shall be appointed to
  152  a term of 4 years unless a shorter term is required to establish
  153  or maintain staggered terms. The Board of Nursing shall adopt
  154  rules authorizing the performance of any such acts approved by
  155  the joint committee. Unless otherwise specified by the joint
  156  committee, such acts must be performed under the general
  157  supervision of a practitioner licensed under chapter 458,
  158  chapter 459, or chapter 466 within the framework of standing
  159  protocols which identify the medical acts to be performed and
  160  the conditions for their performance. The department may, by
  161  rule, require that a copy of the protocol be filed with the
  162  department along with the notice required by s. 458.348.
  163         (17)(e) “Nursing diagnosis” means the observation and
  164  evaluation of physical or mental conditions, behaviors, signs
  165  and symptoms of illness, and reactions to treatment and the
  166  determination as to whether such conditions, signs, symptoms,
  167  and reactions represent a deviation from normal.
  168         (18)(f) “Nursing treatment” means the establishment and
  169  implementation of a nursing regimen for the care and comfort of
  170  individuals, the prevention of illness, and the education,
  171  restoration, and maintenance of health.
  172         (22)(4) “Registered nurse” means any person licensed in
  173  this state to practice professional nursing.
  174         (16)(5) “Licensed practical nurse” means any person
  175  licensed in this state to practice practical nursing.
  176         (6) “Clinical nurse specialist” means any person licensed
  177  in this state to practice professional nursing and certified in
  178  clinical nurse specialist practice.
  179         (3)(7) “Advanced registered nurse practitioner” means any
  180  person licensed in this state to practice professional nursing
  181  and certified in advanced or specialized nursing practice,
  182  including certified registered nurse anesthetists, certified
  183  nurse midwives, and nurse practitioners.
  184         (4)(8) “Approved program” means a nursing program for the
  185  prelicensure education of professional or practical nurses which
  186  is conducted in the state at an educational institution and is
  187  in a school, college, or university which is approved under s.
  188  464.019 for the education of nurses. The term includes such a
  189  program placed on probationary status.
  190         (10)(9) “Clinical training” means direct nursing care
  191  experiences with patients or clients which offer the student the
  192  opportunity to integrate, apply, and refine specific skills and
  193  abilities based on theoretical concepts and scientific
  194  principles.
  195         (8)(10) “Clinical preceptor” means a registered nurse or
  196  licensed practical nurse who is employed by a clinical training
  197  facility to serve who serves as a role model and clinical
  198  resource person for a specified period to students an individual
  199  enrolled in an approved program.
  200         (9)(11) “Clinical simulation” means a strategy used to
  201  replicate clinical practice as closely as possible to teach
  202  theory, assessment, technology, pharmacology, and skills.
  203         (11)(12) “Community-based clinical experience” means
  204  activities consistent with the curriculum and involving
  205  individuals, families, and groups with the intent of promoting
  206  wellness, maintaining health, and preventing illness.
  207         (12)(13) “Curriculum” means a planned sequence of course
  208  offerings and learning experiences that comprise a nursing
  209  education program.
  210         (21)(14) “Probationary status” means the status of an
  211  approved a nursing education program that is placed on such
  212  status pursuant subject to s. 464.019(2)(a)2. or (5)(a) or (b).
  213         (14) “Educational institution” means a school, college, or
  214  university.
  215         (15) “Graduate passage rate” means the percentage of a
  216  program’s graduates who, as first-time test takers, pass the
  217  National Council of State Boards of Nursing Licensing
  218  Examination during a calendar year, as calculated by the
  219  contract testing service of the National Council of State Boards
  220  of Nursing.
  221         (23) “Required passage rate” means the graduate passage
  222  rate required for an approved program pursuant to s.
  223  464.019(6)(a)1.
  224         Section 3. Subsection (1) of section 464.008, Florida
  225  Statutes, is amended to read:
  226         464.008 Licensure by examination.—
  227         (1) Any person desiring to be licensed as a registered
  228  nurse or licensed practical nurse shall apply to the department
  229  to take the licensure examination. The department shall examine
  230  each applicant who:
  231         (a) Has completed the application form and remitted a fee
  232  set by the board not to exceed $150 and has remitted an
  233  examination fee set by the board not to exceed $75 plus the
  234  actual per applicant cost to the department for purchase of the
  235  examination from the National Council of State Boards of Nursing
  236  or a similar national organization.
  237         (b) Has provided sufficient information on or after October
  238  1, 1989, which must be submitted by the department for a
  239  statewide criminal records correspondence check through the
  240  Department of Law Enforcement.
  241         (c) Is in good mental and physical health, is a recipient
  242  of a high school diploma or the equivalent, and has completed
  243  the requirements for:
  244         1. Graduation from an approved program;
  245         2. Graduation from a prelicensure nursing education program
  246  that the board determines is, or its equivalent to an approved
  247  program;
  248         3. Graduation on or after July 1, 2009, from an accredited
  249  program; or
  250         4. Graduation before July 1, 2009, from a prelicensure
  251  nursing education program whose graduates at that time were
  252  eligible for examination as determined by the board, for the
  253  preparation of registered nurses or licensed practical nurses,
  254  whichever is applicable.
  255  
  256  Courses successfully completed in a professional nursing
  257  education program that which are at least equivalent to a
  258  practical nursing education program may be used to satisfy the
  259  education requirements for licensure as a licensed practical
  260  nurse.
  261         (d) Has the ability to communicate in the English language,
  262  which may be determined by an examination given by the
  263  department.
  264         Section 4. Subsections (3) and (4) of section 464.015,
  265  Florida Statutes, are amended to read:
  266         464.015 Titles and abbreviations; restrictions; penalty.—
  267         (3) Only persons who are graduates of prelicensure nursing
  268  education approved programs listed in s. 464.008(1)(c) or the
  269  equivalent may use the term “Graduate Nurse” and the
  270  abbreviation “G.N.,” pending the results of the first licensure
  271  examination for which they are eligible.
  272         (4) Only persons who are graduates of prelicensure nursing
  273  education approved programs listed in s. 464.008(1)(c) or the
  274  equivalent may use the term “Graduate Practical Nurse” and the
  275  abbreviation “G.P.N.,” pending the results of the first
  276  licensure examination for which they are eligible.
  277         Section 5. Section 464.019, Florida Statutes, is reordered
  278  and amended to read:
  279         464.019 Approval of nursing education programs.—
  280         (1) PROGRAM APPLICATIONS.—An educational institution that
  281  wishes to conduct a program in this state for the prelicensure
  282  education of professional or practical nurses must shall submit
  283  to the department a program application and a program review fee
  284  of $1,000 for each prelicensure nursing education program to be
  285  offered at the institution’s main campus, branch campus, or
  286  other instructional site the department. Within 90 days after
  287  receipt of a program application and program review fee, the
  288  board shall approve the program application if it documents
  289  compliance with the standards in paragraphs (a)-(h). If the
  290  program application is incomplete or does not document
  291  compliance, the board shall follow the procedures in subsection
  292  (3). a program application is deemed approved by the board if
  293  the board does not act on the application within the timeframes
  294  specified in subsection (3) or this subsection. Each program
  295  application must include the legal name of the educational
  296  institution, the legal name of the nursing education program,
  297  and, if such program is accredited by an accrediting agency
  298  other than an accrediting agency described in s. 464.003(1), the
  299  name of the accrediting agency. The application must also
  300  document that:
  301         (a)1. For a professional nursing education program, the
  302  program director and at least 50 percent of the program’s
  303  faculty members are registered nurses who have, at a minimum, a
  304  master’s or higher bachelor’s degree in nursing or a bachelor’s
  305  and a master’s degree in nursing and a master’s or higher degree
  306  in a field or a related to nursing field.
  307         2.(b) For a practical nursing education program, the
  308  program director and at least 50 percent of the program’s
  309  faculty members are registered nurses who have, at a minimum, a
  310  bachelor’s or higher degree in nursing.
  311  
  312  The educational degree requirements of this paragraph may be
  313  documented by an official transcript or by a written statement
  314  from the educational institution verifying that the institution
  315  conferred the degree.
  316         (b)(c) The program’s nursing major curriculum consists of
  317  at least:
  318         1. Fifty percent clinical training for a practical nursing
  319  education program, an associate degree professional nursing
  320  education program, or a professional diploma nursing education
  321  program.
  322         2. Forty percent clinical training for a bachelor’s degree
  323  professional nursing education program.
  324         (c)(d) No more than 25 percent of the program’s clinical
  325  training consists of clinical simulation.
  326         (d)(e) The program has signed agreements with each agency,
  327  facility, and organization included in the curriculum plan as
  328  clinical training sites and community-based clinical experience
  329  sites.
  330         (e)(f) The program has written policies for faculty which
  331  include provisions for direct or indirect supervision by program
  332  faculty or clinical preceptors for students in clinical training
  333  consistent with the following standards:
  334         1. The number of program faculty members equals at least
  335  one faculty member directly supervising every 12 students unless
  336  the written agreement between the program and the agency,
  337  facility, or organization providing clinical training sites
  338  allows more students, not to exceed 18 students, to be directly
  339  supervised by one program faculty member.
  340         2. For a hospital setting, indirect supervision may occur
  341  only if there is direct supervision by an assigned clinical
  342  preceptor, a supervising program faculty member is available by
  343  telephone, and such arrangement is approved by the clinical
  344  facility.
  345         3. For community-based clinical experiences that involve
  346  student participation in invasive or complex nursing activities,
  347  students must be directly supervised by a program faculty member
  348  or clinical preceptor and such arrangement must be approved by
  349  the community-based clinical facility.
  350         4. For community-based clinical experiences not subject to
  351  subparagraph 3., indirect supervision may occur only when a
  352  supervising program faculty member is available to the student
  353  by telephone.
  354  
  355  A program’s policies established under this paragraph must
  356  require a clinical preceptor, if supervising students in a
  357  professional nursing education program, to be a registered nurse
  358  or, if supervising students in a practical nursing education
  359  program, to be a registered nurse or licensed practical nurse.
  360         (f)(g) The professional or practical nursing curriculum
  361  plan documents clinical experience and theoretical instruction
  362  in medical, surgical, obstetric, pediatric, and geriatric
  363  nursing. A professional nursing curriculum plan shall also
  364  document clinical experience and theoretical instruction in
  365  psychiatric nursing. Each curriculum plan must document clinical
  366  training experience in appropriate settings that include, but
  367  are not limited to, acute care, long-term care, and community
  368  settings.
  369         (g)(h) The professional or practical nursing education
  370  program provides theoretical instruction and clinical
  371  application in personal, family, and community health concepts;
  372  nutrition; human growth and development throughout the life
  373  span; body structure and function; interpersonal relationship
  374  skills; mental health concepts; pharmacology and administration
  375  of medications; and legal aspects of practice. A professional
  376  nursing education program shall also provide theoretical
  377  instruction and clinical application in interpersonal
  378  relationships and leadership skills; professional role and
  379  function; and health teaching and counseling skills.
  380  
  381  Upon the board’s approval of a program application, the program
  382  becomes an approved program under this section.
  383         (3)(2)STATUS OF CERTAIN PROGRAMS.—
  384         (a) A professional or practical nursing education program
  385  becomes an approved program if that, as of June 30, 2009, the
  386  program:
  387         (a)1. Has full or provisional approval from the board or,
  388  except as provided in paragraph (b), is on probationary status,
  389  except as provided in subparagraph 2., becomes an approved
  390  program under this section. In order to retain approved program
  391  status, such program shall submit the report required under
  392  paragraph (c) to the board by November 1, 2009, and annually
  393  thereafter.
  394         (b)2. Is on probationary status because the program did not
  395  meet the board’s requirement for program graduate passage rates.
  396  Such program on the National Council of State Boards of Nursing
  397  Licensing Examination, shall remain on probationary status until
  398  it the program achieves a graduate passage rate for calendar
  399  year 2009 or 2010 which equals or exceeds the required passage
  400  rate for the respective calendar year and compliance with the
  401  program graduate passage rate requirement in paragraph (5)(a). A
  402  program that is subject to this subparagraph must disclose its
  403  probationary status in writing to the program’s students and
  404  applicants submit the report required under paragraph (c) to the
  405  board by November 1, 2009, and annually thereafter and must
  406  comply with paragraph (5)(c). If the program does not achieve
  407  the required passage rate compliance by July 1, 2011, the board
  408  shall terminate the program pursuant to chapter 120 as provided
  409  in paragraph (5)(d).
  410         (b) Each professional or practical nursing program that has
  411  its application approved by the board under subsection (1) on or
  412  after July 1, 2009, shall annually submit the report required
  413  under paragraph (c) to the board by November 1 of each year
  414  following initial approval of its application.
  415         (4) ANNUAL REPORT.—By November 1 of each year, each
  416  approved program shall submit to the board an
  417         (c) The annual report comprised of required by this
  418  subsection must include an affidavit certifying continued
  419  compliance with paragraphs (1)(a)-(g) subsection (1), must
  420  provide a summary description of the program’s compliance with
  421  paragraphs (1)(a)-(g) with subsection (1), and documentation
  422  must document for the previous academic year which, to the
  423  extent applicable, sets forth for each professional and
  424  practical nursing program:
  425         (a)1. The number of student applications received, the
  426  number of qualified applicants, applicants and the number of
  427  students accepted, accepted applicants who enroll in the
  428  program, students enrolled in the program, and.
  429         2. the number of program graduates.
  430         3. The program’s graduate passage rate on the National
  431  Council of State Boards of Nursing Licensing Examination.
  432         (b)4. The program’s retention rates for students tracked
  433  from program entry to graduation.
  434         (c)5. The program’s accreditation status, including
  435  identification of the accrediting agency if such agency is not
  436  an accrediting agency described in s. 464.003(1) body.
  437         (2)(3)PROGRAM APPROVAL.—
  438         (a) Upon receipt of a If an institution’s program
  439  application and review fee, the department shall examine the
  440  application to determine whether it is complete. If a program
  441  application is not complete incomplete, the department board
  442  shall notify the educational institution in writing of any
  443  apparent errors or omissions within 30 days after the
  444  department’s receipt of the application and follow the
  445  procedures in s. 120.60. A program application is deemed
  446  complete upon the department’s receipt of:
  447         1. The initial application, if the department does not
  448  notify the educational institution of any errors or omissions
  449  within the 30-day period; or
  450         2. A revised application that corrects each error and
  451  omission of which the department notifies the educational
  452  institution within the 30-day period.
  453         (b) Within 90 days after the department’s receipt of a
  454  complete program application, the board shall:
  455         1. Approve the If an institution’s program application if
  456  it documents does not document compliance with paragraphs
  457  (1)(a)-(g); or the standards in subsection (1), within 90 days
  458  after the board’s receipt of the program application, the board
  459  shall
  460         2. Provide the educational institution with a notice of
  461  intent to deny the program application if it does not document
  462  compliance with paragraphs (1)(a)-(g) that sets forth written
  463  reasons for the denial. The notice must set forth written
  464  reasons for the board’s denial of the application. The board may
  465  not deny a program application because of an educational
  466  institution’s failure to correct any error or omission of which
  467  the department does not notify the institution within the 30-day
  468  notice period under paragraph (a). The educational institution
  469  may request a hearing on the notice of intent to deny the
  470  program application pursuant to chapter 120.
  471         (c) A program application is deemed approved if the board
  472  does not act within the 90-day review period provided under
  473  paragraph (b).
  474         (d) Upon the board’s approval of a program application, the
  475  program becomes an approved program.
  476         (5)(4)INTERNET WEBSITE.—By October 1, 2010, the board
  477  shall publish the following information on its Internet website:
  478         (a) A list of each accredited program conducted in the
  479  state and the program’s graduate passage rates for the most
  480  recent 2 calendar years, which the department shall determine
  481  through the following sources:
  482         1. For a program’s accreditation status, the specialized
  483  accrediting agencies that are nationally recognized by the
  484  United States Secretary of Education to accredit nursing
  485  education programs.
  486         2. For a program’s graduate passage rates, the contract
  487  testing service of the National Council of State Boards of
  488  Nursing.
  489         (b) The following data for each approved program, which on
  490  nursing programs located in the state. The data shall include,
  491  to the extent applicable:
  492         1.(a) All documentation provided by the program in its
  493  applicant for each approved nursing program application if
  494  submitted on or after July 1, 2009.
  495         2.(b) The summary description of the each program’s
  496  compliance as submitted under subsection (4) paragraph (2)(c).
  497         (c) A comprehensive list of each practical and professional
  498  nursing program in the state.
  499         3.(d) The program’s accreditation status for each program,
  500  including identification of the accrediting agency if such
  501  agency is not an accrediting agency described in s. 464.003(1)
  502  body.
  503         4.(e)The Each program’s approval or probationary status.
  504         5.(f)The Each program’s graduate passage rates for the
  505  most recent 2 calendar years rate on the National Council of
  506  State Boards of Nursing Licensing Examination.
  507         (g) The national average for passage rates on the National
  508  Council of State Boards of Nursing Licensing Examination.
  509         6.(h) Each program’s retention rates for students tracked
  510  from program entry to graduation.
  511         (c) The average passage rates for United States educated
  512  first-time test takers on the National Council of State Boards
  513  of Nursing Licensing Examination for the most recent 2 calendar
  514  years, as calculated by the contract testing service of the
  515  National Council of State Boards of Nursing. The average passage
  516  rates shall be published separately for each type of comparable
  517  degree program listed in sub-subparagraphs (6)(a)1.a.-d.
  518  
  519  The information data required to be published under this
  520  subsection shall be made available in a manner that allows
  521  interactive searches and comparisons of individual specific
  522  nursing education programs selected by the website user. The
  523  board shall publish the data by December 31, 2009, and update
  524  the Internet website at least quarterly with the available
  525  information data.
  526         (6)(5)ACCOUNTABILITY.—
  527         (a)1. An approved program must achieve a graduate passage
  528  rate that is not lower than 10 percentage points less than the
  529  average passage rate for graduates of comparable degree programs
  530  who are United States educated first-time test takers on the
  531  National Council of State Boards of Nursing Licensing
  532  Examination during a calendar year, as calculated by the
  533  contract testing service of the National Council of State Boards
  534  of Nursing. For purposes of this subparagraph, an approved
  535  program is comparable to all degree programs of the same program
  536  type from among the following program types:
  537         a. Professional nursing education programs that terminate
  538  in a bachelor’s degree.
  539         b. Professional nursing education programs that terminate
  540  in an associate degree.
  541         c. Professional nursing education programs that terminate
  542  in a diploma.
  543         d. Practical nursing education programs.
  544         2. Beginning with graduate passage rates for calendar year
  545  2010, if an approved a professional or practical nursing
  546  program’s average graduate passage rates do not equal or exceed
  547  the required passage rates rate for first-time test takers on
  548  the National Council of State Boards of Nursing Licensing
  549  Examination falls 10 percent or more below the national average
  550  passage rate for first-time test takers educated in the United
  551  States, as annually published by the contract testing service of
  552  the National Council of State Boards of Nursing, for 2
  553  consecutive calendar years, the board shall place the program on
  554  probationary status pursuant to chapter 120 probation and the
  555  program director must shall be required to appear before the
  556  board to present a plan for remediation. The program shall
  557  remain on probationary status until it achieves a compliance
  558  with the graduate passage rate that equals or exceeds the
  559  required passage rate for any one calendar year.
  560         3. Upon the program’s achievement of a graduate passage
  561  rate that equals or exceeds the required passage rate,
  562  requirement and shall be terminated by the board, at its next
  563  regularly scheduled meeting following release of the program’s
  564  graduate passage rate by the National Council of State Boards of
  565  Nursing, shall remove the program’s probationary status.
  566  However, under paragraph (d) if the program, during the 2
  567  calendar years following its placement on probationary status,
  568  does not achieve the required passage rate for any one
  569  compliance within 2 calendar year, the board shall terminate the
  570  program pursuant to chapter 120 years.
  571         (b) If an approved a program fails to submit the annual
  572  report required in subsection (4) (2), the board shall notify
  573  the program director and president or chief executive officer of
  574  the educational institution in writing within 15 days after the
  575  due date of the annual report. The program director must appear
  576  before the board at the board’s next regularly scheduled meeting
  577  to explain the reason for the delay place the program on
  578  probation. The board program shall terminate the program
  579  pursuant to chapter 120 remain on probationary status until it
  580  submits the annual report and shall be terminated by the board
  581  under paragraph (d) if it does not submit the annual report
  582  within 6 months after the report’s due date.
  583         (c) An approved A program placed on probationary status
  584  shall disclose its probationary status in writing to the
  585  program’s students and applicants.
  586         (d) The board shall terminate a program that fails to
  587  comply with subparagraph (2)(a)2., paragraph (a), or paragraph
  588  (b) pursuant to chapter 120.
  589         (7) DISCLOSURE OF GRADUATE PASSAGE RATE DATA.—
  590         (a) For each of an approved program’s or accredited
  591  program’s graduates included in the calculation of the program’s
  592  graduate passage rate, the department shall disclose to the
  593  program director, upon his or her written request, the name,
  594  examination date, and determination of whether each graduate
  595  passed or failed the National Council for State Boards of
  596  Nursing Licensing Examination, to the extent that such
  597  information is provided to the department by the contract
  598  testing service of the National Council for State Boards of
  599  Nursing. The written request must specify the calendar years for
  600  which the information is requested.
  601         (b) A program director to whom confidential information
  602  exempt from public disclosure pursuant to s. 456.014 is
  603  disclosed under this subsection must maintain the
  604  confidentiality of the information and is subject to the same
  605  penalties provided in s. 456.082 for department employees who
  606  unlawfully disclose confidential information.
  607         (8)(6)PROGRAM CLOSURE.—
  608         (a) An educational institution conducting an approved
  609  program or accredited a nursing program in this state, at least
  610  30 days before voluntarily closing the program, that closes
  611  shall notify the board in writing of the institution’s reason
  612  for closing the program, the intended closure date, the
  613  institution’s plan to provide for or assist in the completion of
  614  training by the program’s students, and advise the board of the
  615  arrangements for storage of the program’s permanent records.
  616         (b) An educational institution conducting a nursing
  617  education program that is terminated under subsection (6) or
  618  closed under subparagraph (10)(b)3.:
  619         1. May not accept or enroll new students.
  620         2. Must submit to the board within 30 days after the
  621  program is terminated or closed a written description of how the
  622  institution will assist in the completion of training by the
  623  program’s students and the institution’s arrangements for
  624  storage of the program’s permanent records.
  625         (c) If an educational institution does not comply with
  626  paragraph (a) or paragraph (b), the board shall provide a
  627  written notice explaining the institution’s noncompliance to the
  628  following persons and entities:
  629         1. The president or chief executive officer of the
  630  educational institution.
  631         2. The Board of Governors, if the program is conducted by a
  632  state university.
  633         3. The district school board, if the program is conducted
  634  by an educational institution operated by a school district.
  635         4. The Commission for Independent Education, if the program
  636  is conducted by an educational institution licensed under
  637  chapter 1005.
  638         5. The State Board of Education, if the program is
  639  conducted by an educational institution in the Florida College
  640  System or by an educational institution that is not subject to
  641  subparagraphs 2.-4.
  642         (9)(7)RULEMAKING.—The board does not have any rulemaking
  643  authority to administer this section, except that the board
  644  shall adopt a rule that prescribes the format for submitting
  645  program applications under subsection (1) and annual reports
  646  submitting summary descriptions of program compliance under
  647  subsection (4) paragraph (2)(c). The board may not impose any
  648  condition or requirement on an educational institution
  649  submitting a program application, an approved program, or an
  650  accredited program, a program on probationary status except as
  651  expressly provided in this section. The board shall repeal all
  652  rules, or portions thereof, in existence on July 1, 2009, that
  653  are inconsistent with this subsection.
  654         (10) APPLICABILITY TO ACCREDITED PROGRAMS.—
  655         (a) Subsections (1)-(4), paragraph (5)(b), and subsection
  656  (6) do not apply to an accredited program. An accredited program
  657  on probationary status before July 1, 2010, ceases to be subject
  658  to the probationary status.
  659         (b) If an accredited program ceases to be accredited, the
  660  educational institution conducting the program:
  661         1. Within 10 business days after the program ceases to be
  662  accredited, must provide written notice of the date that the
  663  program ceased to be accredited to the board, the program’s
  664  students and applicants, and each entity providing clinical
  665  training sites or community-based clinical experience sites for
  666  the program. The educational institution must continue to
  667  provide the written notice to new students, applicants, and
  668  entities providing clinical training sites or community-based
  669  clinical experience sites for the program until the program
  670  becomes an approved program or is closed under subparagraph 3.
  671         2. Within 30 days after the program ceases to be
  672  accredited, must submit an affidavit to the board, signed by the
  673  educational institution’s president or chief executive officer,
  674  that certifies the institution’s compliance with subparagraph 1.
  675  The board shall notify the persons listed in subparagraph
  676  (8)(c)1. and the applicable entities listed in subparagraphs
  677  (8)(c)2.-5. if an educational institution does not submit the
  678  affidavit required by this subparagraph.
  679         3. May apply to become an approved program under this
  680  section. If the educational institution:
  681         a.Within 30 days after the program ceases to be
  682  accredited, submits a program application and review fee to the
  683  department under subsection (1) and the affidavit required under
  684  subparagraph 2., the program shall be deemed an approved program
  685  from the date that the program ceased to be accredited until the
  686  date that the board approves or denies the program application.
  687  The program application must be denied by the board pursuant to
  688  chapter 120 if it does not contain the affidavit. If the board
  689  denies the program application under subsection (2) or because
  690  the program application does not contain the affidavit, the
  691  program shall be closed and the educational institution
  692  conducting the program must comply with paragraph (8)(b).
  693         b. Does not apply to become an approved program pursuant to
  694  sub-subparagraph a., the program shall be deemed an approved
  695  program from the date that the program ceased to be accredited
  696  until the 31st day after that date. On the 31st day after the
  697  program ceased to be accredited, the program shall be closed and
  698  the educational institution conducting the program must comply
  699  with paragraph (8)(b).
  700         (8) The Florida Center for Nursing and the Office of
  701  Program Policy Analysis and Government Accountability shall
  702  each:
  703         (a) Monitor the administration of this section and evaluate
  704  the effectiveness of this section in achieving quality nursing
  705  programs with a higher production of quality nursing graduates.
  706         (b) Report its findings and make recommendations, if
  707  warranted, to improve the effectiveness of this section to the
  708  Governor, the President of the Senate, and the Speaker of the
  709  House of Representatives by February 1, 2010.
  710         (11)(9)IMPLEMENTATION STUDY.—The Florida Center for
  711  Nursing and the education policy area of the Office of Program
  712  Policy Analysis and Government Accountability shall study the 5
  713  year administration of this section and submit reports to the
  714  Governor, the President of the Senate, and the Speaker of the
  715  House of Representatives by January 30, 2011, and annually
  716  thereafter through January 30, 2015. The annual reports shall
  717  address the previous academic year; set forth data on the
  718  measures specified in paragraphs (a) and (b) for each
  719  prelicensure practical and professional nursing program in the
  720  state, as such data becomes available; and include an evaluation
  721  of such data for purposes of determining whether this section is
  722  increasing the availability of nursing education programs and
  723  the production of quality nurses. The department and each
  724  approved program or accredited program shall comply with
  725  requests for data from the Florida Center for Nursing and the
  726  education policy area of the Office of Program Policy Analysis
  727  and Government Accountability.
  728         (a) The education policy area of the Office of Program
  729  Policy Analysis and Government Accountability shall evaluate
  730  program-specific data for each approved program and accredited
  731  program conducted in the state, including, but not limited to:
  732         1. The number of nursing education programs and student
  733  slots available.
  734         2. The number of student applications submitted, the number
  735  of qualified applicants, and the number of students accepted.
  736         3. The number of program graduates.
  737         4. Program retention rates of students tracked from program
  738  entry to graduation.
  739         5. Graduate passage rates on the National Council of State
  740  Boards of Nursing Licensing Examination.
  741         6. The number of graduates who become employed as practical
  742  or professional nurses in the state.
  743         (b) The Florida Center for Nursing shall evaluate the
  744  board’s implementation of the:
  745         1. Program application approval process, including, but not
  746  limited to, the number of program applications submitted under
  747  subsection (1); the number of program applications approved and
  748  denied by the board under subsection (2) subsections (1) and
  749  (3); the number of denials of program applications reviewed
  750  under chapter 120; and a description of the outcomes of those
  751  reviews.
  752         2. Accountability Probation and termination processes,
  753  including, but not limited to, the number of programs placed on
  754  probationary status, the number of approved programs for which
  755  the program director is required to appear before the board
  756  under subsection (6), the number of approved programs terminated
  757  by the board under paragraph (5)(d), the number of terminations
  758  reviewed under chapter 120, and a description of the outcomes of
  759  those reviews.
  760         Section 6. Subsection (4) of section 464.022, Florida
  761  Statutes, is amended to read:
  762         464.022 Exceptions.—No provision of this part shall be
  763  construed to prohibit:
  764         (4) The practice of nursing by graduates of prelicensure
  765  nursing education approved programs listed in s. 464.008(1)(c)
  766  or the equivalent, pending the result of the first licensing
  767  examination for which they are eligible following graduation,
  768  provided they practice under direct supervision of a registered
  769  professional nurse. The board shall by rule define what
  770  constitutes direct supervision.
  771         Section 7. Paragraph (a) of subsection (1) and subsection
  772  (2) of section 458.348, Florida Statutes, is amended to read:
  773         458.348 Formal supervisory relationships, standing orders,
  774  and established protocols; notice; standards.—
  775         (1) NOTICE.—
  776         (a) When a physician enters into a formal supervisory
  777  relationship or standing orders with an emergency medical
  778  technician or paramedic licensed pursuant to s. 401.27, which
  779  relationship or orders contemplate the performance of medical
  780  acts, or when a physician enters into an established protocol
  781  with an advanced registered nurse practitioner, which protocol
  782  contemplates the performance of medical acts identified and
  783  approved by the joint committee pursuant to s. 464.003(2) s.
  784  464.003(3)(d) or acts set forth in s. 464.012(3) and (4), the
  785  physician shall submit notice to the board. The notice shall
  786  contain a statement in substantially the following form:
  787  
  788         I, ...(name and professional license number of
  789  physician)..., of ...(address of physician)... have hereby
  790  entered into a formal supervisory relationship, standing orders,
  791  or an established protocol with ...(number of persons)...
  792  emergency medical technician(s), ...(number of persons)...
  793  paramedic(s), or ...(number of persons)... advanced registered
  794  nurse practitioner(s).
  795         (2) ESTABLISHMENT OF STANDARDS BY JOINT COMMITTEE.—The
  796  joint committee created under s. 464.003(2) s. 464.003(3)(d)
  797  shall determine minimum standards for the content of established
  798  protocols pursuant to which an advanced registered nurse
  799  practitioner may perform medical acts identified and approved by
  800  the joint committee pursuant to s. 464.003(2) s. 464.003(3)(d)
  801  or acts set forth in s. 464.012(3) and (4) and shall determine
  802  minimum standards for supervision of such acts by the physician,
  803  unless the joint committee determines that any act set forth in
  804  s. 464.012(3) or (4) is not a medical act. Such standards shall
  805  be based on risk to the patient and acceptable standards of
  806  medical care and shall take into account the special problems of
  807  medically underserved areas. The standards developed by the
  808  joint committee shall be adopted as rules by the Board of
  809  Nursing and the Board of Medicine for purposes of carrying out
  810  their responsibilities pursuant to part I of chapter 464 and
  811  this chapter, respectively, but neither board shall have
  812  disciplinary powers over the licensees of the other board.
  813         Section 8. Paragraph (a) of subsection (1) of section
  814  459.025, Florida Statutes, is amended to read:
  815         459.025 Formal supervisory relationships, standing orders,
  816  and established protocols; notice; standards.—
  817         (1) NOTICE.—
  818         (a) When an osteopathic physician enters into a formal
  819  supervisory relationship or standing orders with an emergency
  820  medical technician or paramedic licensed pursuant to s. 401.27,
  821  which relationship or orders contemplate the performance of
  822  medical acts, or when an osteopathic physician enters into an
  823  established protocol with an advanced registered nurse
  824  practitioner, which protocol contemplates the performance of
  825  medical acts identified and approved by the joint committee
  826  pursuant to s. 464.003(2) s. 464.003(3)(d) or acts set forth in
  827  s. 464.012(3) and (4), the osteopathic physician shall submit
  828  notice to the board. The notice must contain a statement in
  829  substantially the following form:
  830         I, ...(name and professional license number of osteopathic
  831  physician)..., of ...(address of osteopathic physician)... have
  832  hereby entered into a formal supervisory relationship, standing
  833  orders, or an established protocol with ...(number of
  834  persons)... emergency medical technician(s), ...(number of
  835  persons)... paramedic(s), or ...(number of persons)... advanced
  836  registered nurse practitioner(s).
  837         Section 9. Paragraph (c) of subsection (3) of section
  838  464.012, Florida Statutes, is amended to read:
  839         464.012 Certification of advanced registered nurse
  840  practitioners; fees.—
  841         (3) An advanced registered nurse practitioner shall perform
  842  those functions authorized in this section within the framework
  843  of an established protocol that is filed with the board upon
  844  biennial license renewal and within 30 days after entering into
  845  a supervisory relationship with a physician or changes to the
  846  protocol. The board shall review the protocol to ensure
  847  compliance with applicable regulatory standards for protocols.
  848  The board shall refer to the department licensees submitting
  849  protocols that are not compliant with the regulatory standards
  850  for protocols. A practitioner currently licensed under chapter
  851  458, chapter 459, or chapter 466 shall maintain supervision for
  852  directing the specific course of medical treatment. Within the
  853  established framework, an advanced registered nurse practitioner
  854  may:
  855         (c) Perform additional functions as may be determined by
  856  rule in accordance with s. 464.003(2)(3)(d).
  857         Section 10. Subsection (2) of section 960.28, Florida
  858  Statutes, is amended to read:
  859         960.28 Payment for victims’ initial forensic physical
  860  examinations.—
  861         (2) The Crime Victims’ Services Office of the department
  862  shall pay for medical expenses connected with an initial
  863  forensic physical examination of a victim of sexual battery as
  864  defined in chapter 794 or a lewd or lascivious offense as
  865  defined in chapter 800. Such payment shall be made regardless of
  866  whether the victim is covered by health or disability insurance
  867  and whether the victim participates in the criminal justice
  868  system or cooperates with law enforcement. The payment shall be
  869  made only out of moneys allocated to the Crime Victims’ Services
  870  Office for the purposes of this section, and the payment may not
  871  exceed $500 with respect to any violation. The department shall
  872  develop and maintain separate protocols for the initial forensic
  873  physical examination of adults and children. Payment under this
  874  section is limited to medical expenses connected with the
  875  initial forensic physical examination, and payment may be made
  876  to a medical provider using an examiner qualified under part I
  877  of chapter 464, excluding s. 464.003(16)(5); chapter 458; or
  878  chapter 459. Payment made to the medical provider by the
  879  department shall be considered by the provider as payment in
  880  full for the initial forensic physical examination associated
  881  with the collection of evidence. The victim may not be required
  882  to pay, directly or indirectly, the cost of an initial forensic
  883  physical examination performed in accordance with this section.
  884         Section 11. This act shall take effect July 1, 2010.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader