HB 937 — Approved Nursing Education Program Accountability

1.

For a program's accreditation status, the specialized accrediting agencies that are nationally recognized by the United States Secretary of Education to accredit nursing education programs.

2.

For a program's average graduate passage rate rates, the contract testing service of the National Council of State Boards of Nursing and the approved program.

(b) The following data for each approved program, which includes, to the extent applicable:

1.

All documentation provided by the program in its program application.

2.

The summary description of the program's compliance submitted under subsection (3).

3.

The program's accreditation status, including identification of the accrediting agency.

4.

The program's probationary status.

5.

The program's average graduate passage rate rates for the most recent 2 calendar years.

6.

Each program's retention rates for students tracked from program entry to graduation.

(c) The average graduate passage rate rates for United States-educated United States educated, first-time test takers on the National Council of State Boards of Nursing Licensing Page 4 of 11 CODING:

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hb0937-00 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 937 2021 Examination for the most recent 2 calendar years, as calculated by the contract testing service of the National Council of State Boards of Nursing.

The average graduate passage rate rates shall be published separately for each type of comparable degree program listed in paragraph (5)(a) subparagraph (5)(a)1.

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.

The board shall update the Internet website at least quarterly with the available information.

(5) ACCOUNTABILITY.— (a)1.

An approved program must achieve an average a graduate passage rate of 75 percent or greater over the most recent national average graduate passage rate or be placed on probationary status or terminated as provided in paragraph (b) 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 Page 5 of 11 CODING:

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hb0937-00 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 937 2021 following program types:

(b)2. Beginning in the 2022 calendar year:

1.If an approved program's graduate passage rates do not equal or exceed the required passage 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 a graduate passage rate goal.

ByThe Februaryprogram 1must ofremain eachon calendarprobationary year,status inuntil consultationit withachieves thea board,graduate anpassage approvedrate programthat shallequals reportor toexceeds the boardrequired forpassage therate mostfor recentany 21 consecutive calendar yearsyear. all of the following information:

a.The board shall deny a program application for a new prelicensure nursing education program submitted by an educational institution if the institution has an existing program that is already on probationary status.

The names and number of students who graduated, and their graduation dates, 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).

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hb0937-00 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 937 2021 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.

Upon receipt of the board'sprogram's report,achievement anof approveda programgraduate shallpassage havePage 302 calendarof days4 toCODING: 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 has received 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.

The program must remain on probationary status until it achieves an average a graduate passage rate that equals or exceeds the required average graduate passage rate for any 1 calendar year.

The board shall deny a program application for a new prelicensure nursing education program submitted by an Page 7 of 11 CODING:

hb0937-00hb0937-01-c1 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 HBCS/HB 937 2021 educationalrate institutionthat ifequals or exceeds the institutionrequired haspassage anrate, existingthe programboard, thatat isits alreadynext onregularly scheduled meeting following release of the program's graduate passage rate by the National Council of State Boards of Nursing, shall remove the program's probationary status.

6.3.If the program, during the 2 calendar years following its placement on probationary status, does not achieve the required passage rate for any 1 calendar year, the board may extend the program's probationary status for 1 additional year, provided the program has demonstrated adequate progress toward the graduate passage rate goal by meeting a majority of the benchmarks established in the remediation plan.

UponIf the program'sprogram achievementis ofnot angranted averagethe a1-year graduateextension passageor ratefails thatto equalsachieve or exceeds the required average graduate passage rate, the board, at its next regularly scheduled meeting following release of the program's average graduate passage rate by the Nationalend Council of Statesuch Boardsextension, ofthe Nursing,board shall removeterminate the program'sprogram probationarypursuant status.to chapter 120.

7.If a program on probationary status fails to achieve the required passage rate for the 2020 calendar year, including a program subject to termination during the 2021 calendar year, the board shall extend the program's probationary status for 1 additional year.

IfThe the program, during the 2 calendar years following its placement on probationary status, does not achieve the required average graduate passage rate for any 1 calendar year, the board mayshall extendgrant thesuch program'sextension probationaryat statusa forregularly 1scheduled additional year, provided the program has demonstrated adequate progress toward achieving the required average graduate passage rate goal by meeting aduring majority of the benchmarks2021 establishedcalendar inyear. the remediation plan.

8.(e) For each student who fails to pass the NCLEX on his or her first attempt, and for at least 1 calendar year following his or her graduation date, an approved program on probationary status must offer such student, at no additional cost, a remediation program designed to assist the student in passing Page 3 of 4 CODING:

If the program is not granted the 1-year extension or fails to achieve the required average graduate passage rate by the end of such extension, the board shall terminate the program pursuant to chapter 120.

(c) For each student who fails to pass the NCLEX on his or her first attempt, and for at least 1 calendar year following his or her graduation date, an approved program must offer such student a remediation program designed to assist the student in passing the NCLEX.

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hb0937-00hb0937-01-c1 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 HBCS/HB 937 2021 (d)(b) If an approved program fails to submit the annualNCLEX. 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.

TheSection program2. director shall appear before the board at the board's next regularly scheduled meeting to explain the reason for the delay.

TheThis boardact shall terminatetake theeffect programupon pursuantbecoming toa chapterlaw. 120 if the program director fails to appear before the board, as required under this paragraph, or if the program does not submit the annual report within 6 months after the due date.

(e)(c)Page A4 nursingof education4 program,CODING: 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.

The notification must include an explanation of the implications of the program's probationary status on the students or applicants.

(f)(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.

(g) The average graduate passage rate of an approved Page 9 of 11 CODING:

hb0937-00hb0937-01-c1 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 937 2021 program for calendar years 2020 and 2021, as determined by the contract testing service of the National Council of State Boards of Nursing, may not be considered by the board in any manner when determining whether to take any adverse action against an approved program, such as placing or continuing an approved program on probationary status or terminating an existing approved program that is already on probationary status.

(h) It is the intent of the Legislature that the amendment to this subsection apply retroactively to January 1, 2021, to prevent placing or continuing an approved program on probationary status or terminating an existing approved program that is already on probationary status.

Section 3.

Subsection (2) of section 960.28, Florida Statutes, is amended to read:

960.28 Payment for victims' initial forensic physical examinations.— (2) The Crime Victims' Services Office of the department shall pay for medical expenses connected with an initial forensic physical examination of a victim of sexual battery as defined in chapter 794 or a lewd or lascivious offense as defined in chapter 800.

Such payment shall be made regardless of whether the victim is covered by health or disability insurance and whether the victim participates in the criminal justice system or cooperates with law enforcement.

The payment shall be made only out of moneys allocated to the Crime Victims' Services Page 10 of 11 CODING:

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hb0937-00 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 937 2021 Office for the purposes of this section, and the payment may not exceed $1,000 with respect to any violation.

The department shall develop and maintain separate protocols for the initial forensic physical examination of adults and children.

Payment under this section is limited to medical expenses connected with the initial forensic physical examination, and payment may be made to a medical provider using an examiner qualified under part I of chapter 464, excluding s.

464.003(15) s.

464.003(14);

chapter 458;

or chapter 459.

Payment made to the medical provider by the department shall be considered by the provider as payment in full for the initial forensic physical examination associated with the collection of evidence.

The victim may not be required to pay, directly or indirectly, the cost of an initial forensic physical examination performed in accordance with this section.

Section 4.

This act shall take effect July 1, 2021.

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