Provide prospective nursing students with information by institution on passage rates on state licensure exams in the fields of professional nursing, practical nursing and certified nursing assistants.

 

DEPARTMENT OF EDUCATION

Commission for Independent Education

RULE NO.: RULE TITLE:

6E-1.0032   Fair Consumer Practices

PURPOSE AND EFFECT: Provide prospective nursing students with information by institution on passage rates on state licensure exams in the fields of professional nursing, practical nursing and certified nursing assistants.

SUMMARY: Requires private postsecondary institutions offering programs in nursing (practical and professional) and for certified nursing assistants to disclose to prospective students information about the institution’s passage rate on the associated professional examination on a designated form.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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 been prepared by the Agency.

The proposed rule will impact under 300 post-secondary educational institutions licensed by the Commission for Independent Education that offer nursing or nursing assistant programs. It is not anticipated that the proposal will have any adverse impact on economic growth, job creation or employment, investment or business competitiveness. It is anticipated that there will be some minimal transactional costs to such institutions due to the requirement that an institution maintain a copy of the form at the institution and provide it to a prospective student before the student makes an enrollment decision. However, because a standardized form will be used and populated with information already provided to the institutions by the Board of Nursing, and because it is anticipated that the institutions will provide the form to the student as part of the already existing process when advising a prospective student, the cost borne by institutions is expected to be minimal.

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: 1005.22(1)(e), 1005.34, FS.

LAW IMPLEMENTED: 1005.04, 1005.22(1)(k), 1005.31, 1005.32(5) 1005.34, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 17, 2017, 2:00 p.m.

PLACE: Room LL03, The Capitol, 400 South Monroe Street, Tallahassee, Florida.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Samuel Ferguson, Executive Director, Commission for Independent Education, 325 W. Gaines St, Suite 1414, Tallahassee, Florida 32399-0400, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

6E-1.0032 Fair Consumer Practices.

(1) through (10) No change.

(11) Prior to the initial enrollment or reentry of students into programs for the prelicensure education of professional or practical nurses, certified nursing assistant training programs, or any combination of such programs, an institution shall provide to each student each applicable disclosure form completed by the institution. The disclosure must be signed and dated by the prospective student and a school official, with a copy to be maintained in the student’s file. Passage rates for first time test takers and probationary status of the program shall be provided for the most recent calendar year published by the Board of Nursing. Each institution must update the disclosures within thirty (30) days of the date when the information is published on the Board of Nursing’s website. Institutions shall use the following forms which are incorporated by reference and may be obtained without cost from the Commission’s website at www.fldoe.org/cie or by writing to the Commission for Independent Education at 325 West Gaines Street, Suite 1414, Tallahassee, Florida 32399-0400:

(a) Professional Nursing Student Disclosure, Form number 609a, effective August 2017 (DOS link).

(b) Practical Nursing Student Disclosure, Form number 609b, effective August 2017 (DOS link).

(c) Certified Nursing Assistant Student Disclosure, Form number 609c, effective August 2017 (DOS link).

(12)(11) An institution is responsible for ensuring compliance with this rule by any person or company contracted with or employed by the institution to act on its behalf in matters of advertising, recruiting, or otherwise making representations which may be accessed by prospective students, whether verbally, electronically, or by other means of communication.

(13)(12) It shall be the responsibility of an institution to require a training program for all staff who recruit prospective students or who participate in the admission of prospective students, at the institution. The training program shall be submitted to the Commission for approval with each application for a provisional license, an annual license or a license by means of accreditation, and with each annual review of a license by means of accreditation. Institutions that choose to employ a training provider for its training program may, if the program provided by the contractor has been approved by the Commission, provide the program without additional approval. Training shall include information to familiarize staff who recruit prospective students, or who participate in the admission of prospective students, with Chapter 1005, F.S., and with the institution’s programs, services, costs, terms of payment, financial aid available for qualified students, refund policy, transferability of credits to other institutions, reasonable employment projections and accurate placement data, status of the institution regarding licensure and accreditation, facts regarding the eligibility of graduates to sit for licensure examinations or fulfill other requirements to practice in Florida the career or profession for which the prospective student wishes to be trained, and other relevant facts. The training program shall reflect the fair consumer practices outlined in Sections 1005.04 and 1005.34, F.S., and this rule.

(14)(13) Institutions shall maintain a file or keep a record for each student at each location, translated into English and conforming to the requirements of Rule 6E-2.004, F.A.C., and containing the following at a minimum:

(a) Academic transcript;

(b) All documents evidencing a student’s eligibility for enrolled programs;

(c) Any certificates or diplomas earned;

(d) Copies of applications or contractual agreements;

(e) Financial records;

(f) Student counseling or advising records; and,

(g) Records of progress; and .

(h) Nursing Student Disclosure (if applicable).

Rulemaking Authority 1005.22(1)(e)1., 1005.34 FS. Law Implemented 1005.04, 1005.22(1)(k), 1005.31(13), 1005.32(5), 1005.34 FS. History–New 10-19-93, Amended 4-2-96, 11-5-00, 1-7-03, 1-20-04, 3-29-04, 3-28-05, 5-18-05, 6-13-05, 7-23-07, 2-1-11,_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Samuel L. Ferguson, Executive Director, Commission for Independent Education.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Commission for Independent Education.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 14, 2017