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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled SB 166                                                                                                         
01 Relating to nursing and to the Board of Nursing.                                                                        
02                           _______________                                                                               
03    * Section 1. AS 08.68.010 is amended to read:                                                                      
04            Sec. 08.68.010. Creation and membership of Board of Nursing. There is                                      
05       created a Board of Nursing, consisting of seven members appointed by the governor                                 
06       as follows:                                                                                                   
07                 (1)  one [. ONE] member shall be a licensed practical nurse who is                              
08       currently engaged in licensed practical nursing and has practiced for at least two                            
09       years immediately preceding appointment;                                                                      
10                 (2)  [CURRENTLY INVOLVED IN INSTITUTIONAL NURSING                                                   
11       SERVICE,] one member shall be a registered nurse engaged in                                                       
12       [BACCALAUREATE] nursing education at the associate, baccalaureate, or                                         
13       graduate degree level at an institution that holds national nursing accreditation;                            
14                 (3)  one member shall be an advanced nurse practitioner who is                                      
15       currently engaged in advanced practice nursing and has practiced for at least                                 
01       four years immediately preceding appointment;                                                                 
02                 (4)  two [, THREE] members shall be registered nurses at large who                              
03       are currently engaged in registered nursing and have practiced for at least four                              
04       years immediately preceding appointment; [,] and                                                              
05                 (5)  two members shall be persons who have no direct financial interest                             
06       in the health care industry.                                                                                      
07    * Sec. 2. AS 08.68.100(a) is amended to read:                                                                      
08            (a)  The board shall                                                                                         
09                 (1)  adopt regulations necessary to implement this chapter, including                                   
10       regulations                                                                                                       
11                      (A)  pertaining to practice as an advanced nurse practitioner and                              
12            a certified registered nurse anesthetist;                                                            
13                      (B)  [, AND REGULATIONS] necessary to implement                                                
14            AS 08.68.331 - 08.68.336 relating to certified nurse aides in order to protect                               
15            the health, safety, and welfare of clients served by nurse aides;                                            
16                      (C)  pertaining to retired nurse status; and                                                   
17                      (D)  establishing criteria for approval of practical nurse                                     
18            education programs that are not accredited by a national nursing                                         
19            accrediting body;                                                                                        
20                 (2)  approve curricula and adopt standards for basic education programs                                 
21       that prepare persons for licensing under AS 08.68.190;                                                            
22                 (3)  provide for surveys of the basic nursing education programs in the                                 
23       state at the times it considers necessary;                                                                        
24                 (4)  approve education programs that meet the requirements of this                                      
25       chapter and of the board, and deny, revoke, or suspend approval of education                                      
26       programs for failure to meet the requirements;                                                                    
27                 (5)  examine, license, and renew the licenses of qualified applicants;                                  
28                 (6)  prescribe requirements for competence before a former nurse may                                    
29       resume the practice of nursing under this chapter;                                                                
30                 (7)  define by regulation the qualifications and duties of the executive                                
31       administrator [SECRETARY] and delegate authority to the executive administrator                           
01       [SECRETARY] that is necessary to conduct board business;                                                          
02                 (8)  develop reasonable and uniform standards for nursing practice;                                     
03                 (9)  publish advisory opinions regarding whether nursing practice                                       
04       procedures or policies comply with acceptable standards of nursing practice as defined                            
05       under this chapter;                                                                                               
06                 (10)  require applicants under this chapter to submit fingerprints and the                              
07       fees required by the Department of Public Safety under AS 12.62.160 for criminal                                  
08       justice information and a national criminal history record check; the department shall                            
09       submit the fingerprints and fees to the Department of Public Safety for a report of                               
10       criminal justice information under AS 12.62 and a national criminal history record                                
11       check under AS 12.62.400.                                                                                         
12    * Sec. 3. AS 08.68.111(a) is amended to read:                                                                      
13            (a)  The Department of Commerce, Community, and Economic Development,                                        
14       in consultation with the board, shall employ a licensed [,] registered nurse who holds,                       
15       at a minimum, a master's degree in nursing and [,] who is not a member of the                                 
16       board [,] to serve as executive administrator [SECRETARY] of the board.                                       
17    * Sec. 4. AS 08.68.111(b) is amended to read:                                                                      
18            (b)  The executive administrator [SECRETARY] shall perform duties as                                     
19       prescribed by the board.                                                                                          
20    * Sec. 5. AS 08.68.170 is repealed and reenacted to read:                                                          
21            Sec. 08.68.170. Qualifications of registered or practical nurse applicants.                                
22       (a) An applicant for a license to practice registered nursing shall submit to the board,                          
23       on forms and in the manner prescribed by the board, written evidence, verified by                                 
24       oath, that the applicant has successfully completed a registered nurse education                                  
25       program accredited by a national nursing accrediting body and approved by the board.                              
26            (b)  An applicant for a license to practice practical nursing shall submit to the                            
27       board, on forms and in the manner prescribed by the board, written evidence, verified                             
28       by oath, that the applicant has successfully completed                                                            
29                 (1)  a practical nurse education program accredited by a national                                       
30       nursing accrediting body;                                                                                         
31                 (2)  a practical nurse education program that meets the criteria                                        
01       established by the board under AS 08.68.100; or                                                                   
02                 (3)  a registered nurse education program accredited by a national                                      
03       nursing accrediting body and approved by the board and, if the applicant has failed the                           
04       registered nurse licensing examination, a practical nurse scope of practice course                                
05       approved by the board.                                                                                            
06    * Sec. 6. AS 08.68.190 is amended to read:                                                                         
07            Sec. 08.68.190. License by examination. The applicant shall pass a registered                          
08       nursing or practical nursing licensing [WRITTEN] examination as prescribed by                                 
09       the board. The board shall issue a license to an applicant who passes the licensing                           
10       examination to practice registered or practical nursing provided the other                                        
11       qualifications outlined in AS 08.68.170 [AND 08.68.180] are also met. [THE BOARD                                  
12       SHALL CONDUCT EXAMINATIONS ANNUALLY AND AS OFTEN AS IT                                                            
13       CONSIDERS NECESSARY AT LOCATIONS DESIGNATED BY THE BOARD.]                                                        
14    * Sec. 7. AS 08.68.200 is amended to read:                                                                         
15            Sec. 08.68.200. License by endorsement. (a) The board may issue a license                                  
16       by endorsement to practice as a registered or practical nurse, whichever is appropriate,                          
17       to an applicant who has worked as a nurse within the past five years if the applicant                             
18                 [(1)]  is licensed as either a registered or practical nurse under the laws                             
19       of another state if, in the opinion of the board, the applicant meets the qualifications                          
20       required for licensing in the state and meets the requirements of AS 08.68.170 [; OR                              
21                 (2)  MEETS THE REQUIREMENTS OF AS 08.68.170 AND HAS                                                     
22       SUCCESSFULLY COMPLETED THE CANADIAN NURSES' ASSOCIATION                                                           
23       TESTING SERVICE EXAMINATION IF THE BOARD DETERMINES IT IS                                                         
24       COMPARABLE TO THE EXAMINATION ADMINISTERED BY THIS STATE].                                                        
25            (b)  The board may issue a license by endorsement to practice as a registered or                             
26       practical nurse, whichever is appropriate, to an applicant who has not worked as a                                
27       nurse within the past five years if the applicant meets the requirements of (a)                               
28       [EITHER (a)(1) OR (a)(2)] of this section and                                                                     
29                 (1)  meets the continuing competency requirements of the board; or                                      
30                 (2)  completes a course of study approved by the board.                                                 
31    * Sec. 8. AS 08.68.210 is amended to read:                                                                         
01            Sec. 08.68.210. Temporary permits. (a) The board may issue a temporary                                     
02       permit, nonrenewable and valid for a period not exceeding six months, to an applicant                             
03       for a license by endorsement if the applicant                                                                     
04                 (1)  submits proof satisfactory to the board that the applicant is                                      
05       currently licensed in another state [OR CANADIAN PROVINCE OR CANADIAN                                             
06       TERRITORY THAT ADMINISTERS AN EXAMINATION APPROVED BY THE                                                         
07       BOARD] under AS 08.68.200(a) [AS 08.68.200(a)(2)];                                                            
08                 (2)  meets the requirements of AS 08.68.170; and                                                        
09                 (3)  pays the required fee.                                                                             
10            (b)  The board may issue a nonrenewable permit to an applicant for license by                                
11       examination if the applicant [(1)] meets the qualifications of AS 08.68.170 [; OR (2)                             
12       IS A GRADUATE OF A FOREIGN SCHOOL OF NURSING AND HAS                                                              
13       SUCCESSFULLY COMPLETED THE EXAMINATION ADMINISTERED BY                                                            
14       THE COMMISSION ON GRADUATES OF FOREIGN NURSING SCHOOLS]. The                                                      
15       permit is valid for a period not to exceed six months or [EXTENDING BEYOND]                                   
16       the date on which [TIME WHEN] the results [ARE PUBLISHED] of the licensing                                
17       [FIRST] examination taken by the applicant are received by the applicant,                                 
18       whichever is sooner. If [IS ELIGIBLE TO TAKE AFTER THE PERMIT IS                                              
19       ISSUED; HOWEVER, IF] the applicant does not take the examination for which the                                    
20       applicant is scheduled, the permit lapses on the day of the examination.                                          
21    * Sec. 9. AS 08.68.230(b) is amended to read:                                                                      
22            (b)  A person licensed to practice practical nursing in the state may use the title                          
23       "licensed practical nurse" [OR "LICENSED VOCATIONAL NURSE"] and the                                               
24       abbreviation "L.P.N." [OR "L.V.N."]                                                                               
25    * Sec. 10. AS 08.68.251 is amended to read:                                                                        
26            Sec. 08.68.251. Lapsed licenses. (a) A lapsed license may be reinstated if it                              
27       has not remained lapsed for more than five years by payment of the license fees for the                           
28       current renewal period and the penalty fee. The board, by regulation, shall establish                         
29       continuing competency and criminal background check requirements for                                          
30       reinstatement of a lapsed license [PERSON SEEKING REINSTATEMENT SHALL                                         
31       MEET THE CONTINUING COMPETENCY REQUIREMENTS OF THE BOARD].                                                        
01            (b)  If a license is lapsed for more than five years, in addition to the                                 
02       requirements in (a) of this section,                                                                          
03                 (1)  the board shall require the applicant to complete a course of study                                
04       approved by the board or to pass an examination prescribed by the board, and to pay                               
05       the fees prescribed by this chapter; or                                                                           
06                 (2)  if the board determines that the person applying for reinstatement                                 
07       was actively employed in nursing in another state or jurisdiction during the time that                        
08       the license has lapsed in this state, the license that has lapsed may be reinstated by                            
09       payment of fees and completion of the other requirements in [AS REQUIRED BY]                                  
10       (a) of this section.                                                                                              
11    * Sec. 11. AS 08.68.265 is amended to read:                                                                        
12            Sec. 08.68.265. Supervision of practical nurses. A practical nurse shall work                              
13       under the supervision of a licensed registered nurse, a licensed physician, a licensed                        
14       physician assistant, or a licensed dentist.                                                                   
15    * Sec. 12. AS 08.68.270 is amended to read:                                                                        
16            Sec. 08.68.270. Grounds for denial, suspension, or revocation. The board                                   
17       may deny, suspend, or revoke the license of a person who                                                          
18                 (1)  has obtained or attempted to obtain a license to practice nursing by                               
19       fraud or deceit;                                                                                                  
20                 (2)  has been convicted of a felony or other crime if the felony or other                               
21       crime is substantially related to the qualifications, functions, or duties of the licensee;                   
22                 (3)  habitually abuses alcoholic beverages, or illegally uses controlled                                
23       substances;                                                                                                       
24                 (4)  has impersonated a registered or practical nurse;                                                  
25                 (5)  has intentionally or negligently engaged in conduct that has                                       
26       resulted in a significant risk to the health or safety of a client or in injury to a client;                      
27                 (6)  practices or attempts to practice nursing while afflicted with                                     
28       physical or mental illness, deterioration, or disability that interferes with the                                 
29       individual's performance of nursing functions;                                                                    
30                 (7)  is guilty of unprofessional conduct as defined by regulations                                      
31       adopted by the board;                                                                                             
01                 (8)  has wilfully or repeatedly violated a provision of this chapter or                                 
02       regulations adopted under this chapter or AS 08.01 [IT];                                                      
03                 (9)  is professionally incompetent;                                                                     
04                 (10)  denies care or treatment to a patient or person seeking assistance                                
05       if the sole reason for the denial is the failure or refusal of the patient or person seeking                      
06       assistance to agree to arbitrate as provided in AS 09.55.535(a).                                                  
07    * Sec. 13. AS 08.68 is amended by adding a new section to read:                                                    
08            Sec. 08.68.277. Duty of employers to report. (a) An employer of a nurse                                    
09       licensed under this chapter or a nurse aide certified under this chapter practicing                               
10       within the scope of that license or certification that discharges or suspends a nurse or                          
11       nurse aide or conditions or restricts the practice of a nurse or nurse aide shall, within                         
12       seven working days after the action, report to the board the name and address of the                              
13       person and the reason for the action. An employer shall report to the board the name                              
14       and address of a nurse or nurse aide who resigns while under investigation by the                                 
15       employer. The requirement of an employer to report under this section applies only to                             
16       a discharge, suspension, or restriction of practice that is based on a ground allowing                            
17       action by the board under AS 08.68.270 or 08.68.334 or for conduct prohibited under                               
18       AS 08.68.340.                                                                                                     
19            (b)  Upon receipt of a report under (a) of this section, the board shall                                     
20       investigate the matter and take appropriate action under AS 08.68.275.                                            
21    * Sec. 14. AS 08.68.278 is amended to read:                                                                        
22            Sec. 08.68.278. Immunity for certain reports to the board. A person who,                                   
23       [UNDER OATH AND] in good faith, reports information to the board relating to                                      
24       alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse                                  
25       licensed under this chapter, a nurse aide certified under this chapter, or an                                 
26       employer of a nurse licensed under this chapter or a nurse aide certified under                               
27       this chapter who reports to the board the information required under                                          
28       AS 08.68.277 is not liable in a civil action for damages resulting from the reporting of                      
29       the information.                                                                                                  
30    * Sec. 15. AS 08.68.060, 08.68.180, 08.68.230(c), and 08.68.240 are repealed.                                      
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