CSSB 166(L&C): "An Act relating to nursing and to the Board of Nursing."
00 CS FOR SENATE BILL NO. 166(L&C) 01 "An Act relating to nursing and to the Board of Nursing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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 an academic institution at the 13 graduate, baccalaureate, or associate degree level; 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's 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 fires or suspends a nurse or nurse 11 aide or conditions or restricts the practice of a nurse or nurse aide shall, within seven 12 working days after the action, report to the board the name and address of the person 13 and the reason for the action. An employer shall report to the board the name and 14 address of a nurse or nurse aide who resigns while under investigation by the 15 employer. 16 (b) Upon receipt of a report under (a) of this section, the board shall 17 investigate the matter and take appropriate action under AS 08.68.275. 18 * Sec. 14. AS 08.68.278 is amended to read: 19 Sec. 08.68.278. Immunity for certain reports to the board. A person who, 20 [UNDER OATH AND] in good faith, reports information to the board relating to 21 alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse 22 licensed under this chapter, a nurse aide certified under this chapter, or an 23 employer of a nurse licensed under this chapter or a nurse aide certified under 24 this chapter who reports to the board the information required under 25 AS 08.68.277 is not liable in a civil action for damages resulting from the reporting of 26 the information. 27 * Sec. 15. AS 08.68.279 is repealed and reenacted to read: 28 Sec. 08.68.279. Whistleblower protection. An employer may not discharge, 29 threaten, or otherwise discriminate against a nurse employed by the employer 30 regarding the nurse's compensation, terms, conditions, location, or privileges of 31 employment if
01 (1) the discharge, threat, or discrimination is based on the nurse's 02 refusal to 03 (A) perform a task or assignment that is not within the scope of 04 practice of a nurse; 05 (B) perform a task or assignment that the nurse has not been 06 educated to perform; 07 (C) delegate a task that the board finds is not delegable; or 08 (D) delegate a task to an individual who has not been properly 09 educated to perform the task; and 10 (2) the board finds that the attempted delegation was improper or the 11 nurse's refusal to perform an assignment or task was proper. 12 * Sec. 16. AS 08.68.279 is amended by adding new subsections to read: 13 (b) The nurse must report the improper attempt to assign or delegate a task to 14 the board within 72 hours after the attempted improper assignment or delegation was 15 made. 16 (c) A person who is discharged, threatened, or otherwise discriminated against 17 in violation of (a) of this section may bring a civil action, and the court may grant 18 appropriate relief, including punitive damages. 19 (d) The Department of Labor and Workforce Development may impose a civil 20 penalty of not more than $10,000 on a person who knowingly violates (a) of this 21 section. 22 * Sec. 17. AS 08.68.060, 08.68.180, 08.68.230(c), and 08.68.240 are repealed.