SB 1296 — Nursing Programs

Florida Senate - 2021 CS for SB 1296 By Senatorthe BrodeurCommittee 9-01171B-21on 20211296__Health APolicy; bill to be entitled An act relating to nursing programs;

and Senator Brodeur 588-03616-21 20211296c1 A bill to be entitled An act relating to nursing programs;

providingrequiring thatnursing certainprograms requirementsto forprovide nursingspecified programsinformation applyto beginningstudents inwho fail to pass a specifiedcertain year;examination on their first attempt;

requiring nursing programs to offer remediation programs to students who fail to pass a certain examination on their first attempt;

2119 Be It Enacted by the Legislature of the State of Florida:

2321 Section 1. Present subsections (6) through (13) of section 464.003, Florida Statutes, are redesignated as subsections (7) through (14), respectively, present subsection (14) of that section is redesignated as subsection (6) and amended, and subsection (22) of that section is amended, to read:

The term includes all test takers as defined in this sectionsection. regardless of the number of times the student takes the NCLEX.

(22) “Test takers” means those graduates who take the NCLEX within 1 year after their graduation date “Requiredand passagedo rate”not meansfail the graduateexamination passagemore ratethan requiredthree forconsecutive antimes approved program pursuant to s.

464.008(3) “Required passage rate” means the graduate passage rate required for an approved program pursuant to s.

Section 2. Subsections (3), (4), and (5),(5) paragraph (a) of subsection (9), and paragraph (f) of subsection (11) of section 464.019, Florida Statutes, are amended to read:

464.019 Approval of nursing education programs.— (3) ANNUAL REPORT.—By FebruaryApril November 1 of each year, each approved program shall submit to the board an annual report composed comprised of an affidavit certifying continued compliance with subsection (1), a summary description of the program’s compliance with subsection (1), and documentation for the previous calendar academic year which that, to the extent applicable, describes:

(c) The program’s average graduate passage rate.rate as defined in s.

(d) The464.003 or the program’s accreditationpassage status,rate includingas identificationcalculated by the contract testing service of the accreditingNational agency.Council of State Boards of Nursing if the average passage rate is 80 percent or greater on the NCLEX for the prior calendar year.

(d)(c) The program’s accreditation status, including identification of the accrediting agency.

(e) The number of students who were provided information on available remediation programs pursuant to paragraph (5)(e).

(a) A list of each accredited program conducted in this the state and the program’s average graduate passage rate rates for the most recent 2 calendar years, which the department shall determine through the following sources:

97101 The information required to be published under this subsection shall be made available in a manner that allows interactive searches and comparisons of individual programs selected by the website user.

(5) ACCOUNTABILITY.— (a)1. An approved program must achieve an average a graduate passage rate of 7580 percent or greater than the most recent national average graduate passage rate or be placed on probationary status or terminated as provided in paragraphsubparagraph (b)2 for first-time test takers which is not more than 10 percentage points lower than the average passage rate during the same calendar year for graduates of comparable degree programs who are United States educated, first-time test takers on the National Council of State Boards of Nursing Licensing Examination, as calculated by the contract testing service of the National Council of State Boards of Nursing.

For purposes of this paragraph subparagraph, an approved program is comparable to all degree programs of the same program type from among the following program types:

1.a. Professionala. Professional nursing education programs that terminate in a bachelor’s degree.

2.b. Professionalb. Professional nursing education programs that terminate in an associate degree.

3.c. Professionalc. Professional nursing education programs that terminate in a diploma.

4.d. Practicald. Practical nursing education programs.

(b) Beginning2. If inan calendarapproved yearprogram’s 2022,average allgraduate ofpassage rate does rates do not equal or exceed the followingaverage requirementsgraduate apply:required passage rate required in subparagraph 1.

1. Byrates Februaryfor 12 ofconsecutive each calendar year,years, approvedthe programs,board inshall consultationplace with the board,program muston reportprobationary allstatus ofpursuant to chapter 120 and the followingprogram informationdirector forshall appear before the 2board mostto recentpresent consecutivea calendarplan yearsfor remediation, which shall include specific benchmarks to identify progress toward the board:required average a graduate passage rate goal.

a. The names and number of students who graduated, along with their graduation dates, and who took, passed, or failed the NCLEX, and the number of times each student took the NCLEX.

b. The percentage of graduates who failed the NCLEX a third time compared to the number of graduates who took the NCLEX.

c. The number of graduates who were offered the remediation program, their graduation dates, and the names of students who participated in the remediation program.

d. The average graduate passage rate and whether the approved program has met or exceeded the average graduate passage rate required in paragraph (a).

2. Upon receipt of the information in subparagraph 1., the board shall prepare a report detailing the average graduate passage rate for each approved program and shall provide such report to each approved program.

3. Upon receipt of the board’s report, an approved program has 30 calendar days to provide additional information to the board if there are any disputes relating to the information the board used to prepare the report.

4. After the board receives all required or additional information, the board shall issue a final report detailing the average graduate passage rate for each approved program in accordance with this subsection.

5.2. If an approved program’s average graduate passage rate does rates do not equal or exceed the average graduate required passage rate required in paragraph (a) rates for 2 consecutive calendar years, the board shall place the program on probationary status pursuant to chapter 120 and the program director shall appear before the board to present a plan for remediation, which shall include specific benchmarks to identify progress toward the required average a graduate passage rate goal.

6.3. Upon3. Upon the program’s achievement of an average a graduate passage rate thatof equals80 percent or exceedsgreater thefor requiredtest averagetakers graduatewho passagetook rate, the boardNCLEX shallduring remove the program’smost probationaryrecent status,calendar atyear itsand nextdo regularlynot scheduledfail meeting following release of the program’sexamination averagemore graduatethan passagethree rateconsecutive bytimes thepursuant Nationalto Councils. of State Boards of Nursing, shall remove the program’s probationary status.

7. If464.008(3) thethat program,equals duringor theexceeds 2 calendar years following its placement on probationary status, does not achieve the required average graduate passage raterate, for any 1 calendar year, the boardboard, mayat extendits thenext program’sregularly probationaryscheduled statusmeeting forfollowing 1release additionalof year, provided the programprogram’s has demonstrated adequate progress toward achieving the required average graduate passage rate goal by meetingthe aNational majorityCouncil of theState benchmarksBoards establishedof inNursing, shall remove the remediationprogram’s plan.probationary status.

8. IfIf the programprogram, isduring notthe granted2 thecalendar 1-yearyears extensionfollowing orits failsplacement toon probationary status, does not achieve the required average graduate passage rate byfor theany end1 ofcalendar suchyear, extension, the board shallmay terminateextend the program’s probationary status for 1 additional year, provided the program pursuanthas todemonstrated chapteradequate 120.progress toward achieving the required average graduate passage rate goal by meeting a majority of the benchmarks established in the remediation plan.

(c) ForIf eachthe studentprogram whois failsnot togranted pass the NCLEX1-year onextension his or herfails firstto attempt,achieve andthe forrequired ataverage leastgraduate 1passage calendarrate yearby followingthe hisend orof hersuch graduationextension, date,the anboard approvedshall programterminate mustthe offer such student a remediation program designedpursuant to assistchapter the120. student in passing the NCLEX.

(d)(b) If(b) If an approved program fails to submit the annual report required in subsection (3), the board shall notify the program director and president or chief executive officer of the educational institution in writing within 15 days after the due date of the annual report.

(e)(c) A(c) A nursing education program, whether accredited or nonaccredited, which has been placed on probationary status shall disclose its probationary status in writing to the program’s students and applicants.

(f)(d) If(d) If students from a program that is terminated pursuant to this subsection transfer to an approved or an accredited program under the direction of the Commission for Independent Education, the board shall recalculate the passage rates of the programs receiving the transferring students, excluding the test scores of those students transferring more than 12 credits.