F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1069 2024
1 A bill to be entitled
2 An act relating to nursing education programs;
3 amending s. 464.019, F.S.; revising application
4 requirements for nursing education programs;
5 requiring, rather than authorizing, certain degree
6 requirements to be documented in a specified manner;
7 requiring the program director to certify certain
8 documentation as true and accurate; providing
9 additional requirements for program applications;
10 requiring the Board of Nursing to deny an application
11 under certain circumstances; authorizing the board to
12 revoke the approval of specified existing programs;
13 requiring each program director to submit an annual
14 report and written remediation plan to the board;
15 requiring the board to terminate a program under
16 certain circumstances; providing a penalty; removing
17 provisions authorizing an extension of a program's
18 probationary status; authorizing certain agents and
19 employees of the Department of Health to conduct
20 onsite evaluations and inspections under certain
21 circumstances; authorizing the department to collect
22 evidence for certain purposes; providing that a
23 failure of a program to refuse to allow such
24 evaluation or inspection is deemed a certain
25 violation; revising rulemaking authority; conforming a
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26 provision to changes made by the act; providing an
27 effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsections (1) and (3), paragraphs (a) and (b)
32 of subsection (5), subsection (8), and paragraph (f) of
33 subsection (11) of section 464.019, Florida Statutes, are
34 amended, paragraph (e) is added to subsection (2), and paragraph
35 (e) is added to subsection (5) of that section, to read:
36 464.019 Approval of nursing education programs.—
37 (1) PROGRAM APPLICATION.—An educational institution that
38 wishes to conduct a program in this state for the p relicensure
39 education of professional or practical nurses must submit to the
40 department a program application and review fee of $1,000 for
41 each prelicensure nursing education program to be offered at the
42 institution's main campus, branch campus, or other instructional
43 site. The program application must include the legal name of the
44 educational institution, the legal name of the nursing education
45 program, the legal name of the nursing education program
46 director, and, if such institution is accredited, the name of
47 the accrediting agency. The application must also document that:
48 (a)1. For a professional nursing education program, the
49 program director and at least 50 percent of the program's
50 faculty members are registered nurses who have a master's or
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51 higher degree in nursing or a bachelor's degree in nursing and a
52 master's or higher degree in a field related to nursing.
53 2. For a practical nursing education program, the program
54 director and at least 50 percent of the program's faculty
55 members are registered nurses who have a bachelor's or higher
56 degree in nursing.
57
58 The educational degree requirements of this paragraph must may
59 be documented by an official transcript or by a written
60 statement from the program director of the educational
61 institution verifying that the institution conferred the degree.
62 The program director shall certify the official transcript or
63 written statement as true and accurate.
64 (b) The program's nursing major curriculum consists of at
65 least:
66 1. Fifty percent clinical training in the United States,
67 the District of Columbia, or a possession or territory of the
68 United States for a practical nursing education program, an
69 associate degree professional nursing education program, or a
70 professional diploma nursing education program.
71 2. Forty percent clinical training in the United States,
72 the District of Columbia, or a possession or territory of the
73 United States for a bachelor's degree professional nursing
74 education program.
75 (c) No more than 50 percent of the program's clinical
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76 training consists of clinical simulation.
77 (d) The program has signed agreements with each agency,
78 facility, and organization included in the curriculum plan as
79 clinical training sites and community-based clinical experience
80 sites.
81 (e) The program has written policies for faculty which
82 include provisions for direct or indirect supervision by program
83 faculty or clinical preceptors for students in clinical training
84 consistent with the following standards:
85 1. The number of program faculty members equals at least
86 one faculty member directly supervising every 12 students unless
87 the written agreement between the program and the agency,
88 facility, or organization providing clinical training sites
89 allows more students, not to exceed 18 students, to be directly
90 supervised by one program faculty member.
91 2. For a hospital setting, indirect supervision may occur
92 only if there is direct supervision by an assigned clinical
93 preceptor, a supervising program faculty member is available by
94 telephone, and such arrangement is approved by the clinical
95 facility.
96 3. For community-based clinical experiences that involve
97 student participation in invasive or complex nursing activities,
98 students must be directly supervised by a program faculty member
99 or clinical preceptor and such arrangement must be approved by
100 the community-based clinical facility.
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101 4. For community-based clinical experiences not subject to
102 subparagraph 3., indirect supervision may occur only when a
103 supervising program faculty member is available to the student
104 by telephone.
105
106 A program's policies established under this paragraph must
107 require that a clinical preceptor who is supervising students in
108 a professional nursing education program be a registered nurse
109 or, if supervising students in a practical nursing education
110 program, be a registered nurse or licensed practical nurse.
111 (f) The professional or practical nursing curriculum plan
112 documents clinical experience and theoretical instruction in
113 medical, surgical, obstetric, pediatric, and geriatric nursing.
114 A professional nursing curriculum plan shall also document
115 clinical experience and theoretical instruction in psychiatric
116 nursing. Each curriculum plan must document clinical training
117 experience in appropriate settings that include, but are not
118 limited to, acute care, long-term care, and community settings.
119 (g) The professional or practical nursing education
120 program provides theoretical instruction and clinical
121 application in personal, family, and community health concepts;
122 nutrition; human growth and development throughout the life
123 span; body structure and function; interpersonal relationship
124 skills; mental health concepts; pharmacology and administration
125 of medications; and legal aspects of practice. A professional
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126 nursing education program must also provide theoretical
127 instruction and clinical application in interpersonal
128 relationships and leadership skills; professional role and
129 function; and health teaching and counseling skills.
130 (h) The professional or practical nursing education
131 program has established evaluation and standardized admission
132 criteria. The admission criteria must, at a minimum, identify
133 those students who are likely to need additional preparation and
134 educational support to be successful program graduates. The
135 program shall maintain documentation of the individualized
136 student academic support plan for those students identified as
137 in need of additional preparation and educational support.
138 (i) The professional or practical nursing education
139 program has an established comprehensive examination to prepare
140 students for the National Council of State Boards of Nursing
141 Licensing Examination (NCLEX). This type of comprehensive
142 examination must be termed an exit examination that all programs
143 will administer and may not be the sole exclusion to graduation
144 if the student has otherwise successfully completed all
145 coursework required by the program. The program director is
146 responsible for ensuring that the average exit examination
147 results of the program are posted on the program's website and
148 reported in the program's annual report to the board as
149 required under subsection (3).
150 (j) The program shall submit to the board established
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151 criteria for remediation that will be offered to students who do
152 not successfully pass the exit examination. A program with NCLEX
153 passage rates at least 10 percentage points below the average
154 passage rate for the most recent calendar year must offer
155 remediation at no additional cost or refer the student to an
156 approved remedial program and pay for that program for the
157 student.
158 (2) PROGRAM APPROVAL.—
159 (e) The board shall deny an application from a program
160 which has had adverse action taken against it by another
161 regulatory jurisdiction in the United States. The board may also
162 revoke the approval of an existing approved program that has had
163 adverse action taken against it by another regulatory
164 jurisdiction in the United States.
165 (3) ANNUAL REPORT.—By November 1 of each year, each
166 approved program's director program shall submit to the board an
167 annual report comprised of an affidavit certifying continued
168 compliance with subsection (1), a summary description of the
169 program's compliance with subsection (1), and documentation for
170 the previous academic year that, to the extent applicable,
171 describes:
172 (a) The number of student applications received, qualified
173 applicants, applicants accepted, accepted applicants who enroll
174 in the program, students enrolled in the program, and program
175 graduates.
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176 (b) The program's retention rates for students tracked
177 from program entry to graduation.
178 (c) The program's accreditation status, including
179 identification of the accrediting agency.
180
181 The board shall terminate the program pursuant to chapter 120 if
182 the requirements of this subsection are not met. The program
183 director is also subject to discipline under s. 456.072(1)(k).
184 (5) ACCOUNTABILITY.—
185 (a)1. An approved program must achieve a graduate passage
186 rate for first-time test takers which is not more than 10
187 percentage points lower than the average passage rate during the
188 same calendar year for graduates of comparable degree programs
189 who are United States educated, first-time test takers on the
190 National Council of State Boards of Nursing Licensing
191 Examination, as calculated by the contract testing service of
192 the National Council of State Boards of Nursing. For purposes of
193 this subparagraph, an approved program is comparable to all
194 degree programs of the same program type from among the
195 following program types:
196 a. Professional nursing education programs that terminate
197 in a bachelor's degree.
198 b. Professional nursing education programs that terminate
199 in an associate degree.
200 c. Professional nursing education programs that terminate
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201 in a diploma.
202 d. Practical nursing education programs.
203 2. If an approved program's graduate passage rates do not
204 equal or exceed the required passage rates for 1 2 consecutive
205 calendar year years, the board shall place the program on
206 probationary status pursuant to chapter 120 and the program
207 director shall submit a written remediation plan to the board.
208 The program director shall appear before the board to present
209 then a plan for remediation, which shall include specific
210 nationally recognized benchmarks to identify progress toward a
211 graduate passage rate goal. The board shall terminate a program
212 pursuant to chapter 120 if the program director fails to submit
213 a written remediation plan or fails to appear before the board
214 and present the remediation plan no later than 6 months after
215 the date of the program being placed on probation. The program's
216 director is also subject to disciplinary act