Judge Rules Against the Board of Nursing in Retroactivity Case

Sec Outsourcing achieved a victory in court in the case of Emergency Education Institute v. Board of Nursing where we challenged the Florida Board of Nursing’s calculation of NCLEX program passage rates for 2017. The judge held that the Board of Nursing’s retroactive application of the new law to January 1, 2017 and prior years is unlawful. As a result, the earliest the Board can apply the new law is beginning June 23, 2017.

EEI and its attorney still believe that the constitution requires that the new law not be applied prior to January 1, 2018 and has asked a higher court to review the case.  While EEI is still seeking additional relief in a higher court, there are many ways that the victory in the lower court can help Florida nursing programs right now.

7 Ways EEI’s Victory May Help Your School

1. You may be entitled to have your 2017 program passage rate recalculated even if you did not request a hearing last spring.
2. You may be able to have your nursing program reinstated if your re-calculated passage rate improves enough for you to deserve an extension of probation.
3. You may be entitled to an immediate return to Annual Licensure if CIE placed you on Provisional Licensure based on an erroneous calculation by the BON.
4. You may be entitled to have your license reinstated if CIE closed your school based upon your standing with the BON.
5. You may be able to have an application (e.g., new programs, new locations, distance delivery, etc.) reconsidered by CIE if they denied or declined to review it based on your being on probation with the BON.
6. You may want to seek an extension of the July 1, 2019 nursing accreditation deadline if you were unable to schedule a site visit due to probationary status with the BON.
7. You may have additional rights if your enrollment / tuition revenue decreased because you were forced to notify applicants that you were on probation with the BON even though your passage rates actually exceeded the rate required by Florida statute.

Attorney Shavon Jones, who won the case against the Board, will hold a live videoconference on Twitter Friday, March 8th at 2pm EST to discuss the impact of the case on Florida nursing schools. Learn your rights.

You must have a free Twitter account to hear or comment during the videoconference.

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