To allow Practical Nursing licensees to be an instructor and further clarify criteria of Certified Nursing Assistant Training Programs.

 

DEPARTMENT OF HEALTH

Board of Nursing

RULE NO.:RULE TITLE:

64B9-15.005Standards for Certified Nursing Assistant Training Programs

PURPOSE AND EFFECT: To allow Practical Nursing licensees to be an instructor and further clarify criteria of Certified Nursing Assistant Training Programs.

SUMMARY: Allow Practical Nursing licensees to be an instructor and further clarify criteria of Certified Nursing Assistant Training Programs.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency. The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 464.202, 464.203 FS.

LAW IMPLEMENTED: 464.203, 464.2085 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe Baker, Jr., Executive Director, Council on Certified Nursing Assistants, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399-3252, [phone]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B9-15.005 Standards for Certified Nursing Assistant Training Programs.

(1) through (3) No change.

(a) A program instructor shall hold a clear, active Florida license to practice either practical nursing or professional nursing, have at least 1 year of clinical experience, and one of the following:

(3)(a)1. through (4)(b) No change.

(c) A training program shall provide a minimum clinical instruction ratio for program instructor professional nurse to student of 1 to 15 for students caring directly for residents or clients.

(4)(d) through (5) No change.

(a) The Board shall review a fraction of the training programs’ passing rates. The fraction shall be at the rate of 1/12th every other month.

(b) Each program’s passing rate will be reviewed every other year unless placed on probation.

(6) A training program must maintain a passing rate on certified nursing assistant examination for its graduates of not less than 10% below the state average as reported annually. If a program’s passing rate drops below the standard for 12 months, the program must be reviewed by the Board. The Board shall place the program on probation, and if the passing rate does not meet the standard within one year, the Board shall rescind the program approval. If a program has no test takers for one calender year, the program shall be considered abandoned and program approval shall be recinded.

(7) through (11) No change.

Rulemaking Authority 464.202, 464.203 FS. Law Implemented 464.203, 464.2085 FS. History–New 5-25-03, Amended 8-10-08, 6-5-12,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Council on Certified Nursing Assistants, Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 10, 2015