HB 276: "An Act relating to nursing, nurses, and nurse aides."
00 HOUSE BILL NO. 276 01 "An Act relating to nursing, nurses, and nurse aides." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.68.170 is amended by adding a new subsection to read: 04 (b) An applicant for a license to practice registered or practical nursing shall 05 submit to the board the applicant's fingerprints and the fees and other information 06 required by the Department of Public Safety in order to obtain state and national 07 criminal history record information under AS 12.62. The board may require an 08 applicant for renewal of a license to practice registered or practical nursing to submit 09 to the board the licensee's fingerprints and the fees and other information required by 10 the Department of Public Safety in order to obtain state and national criminal history 11 record information under AS 12.62. The board shall submit fingerprints received 12 under this subsection to the Department of Public Safety, and the Department of 13 Public Safety shall 14 (1) submit the fingerprints to the Federal Bureau of Investigation for a 15 report on national criminal history record information;
01 (2) perform a check for state criminal history record information; and 02 (3) report to the board the results of the criminal history record checks 03 under (1) and (2) of this subsection. 04 * Sec. 2. AS 08.68.200 is amended to read: 05 Sec. 08.68.200. License by endorsement. The board may issue a license by 06 endorsement to practice as a registered or practical nurse, whichever is appropriate, to 07 an applicant who has worked as a nurse within the past five years if the applicant 08 (1) is licensed as either a registered or practical nurse under the laws of 09 another state [,] if, in the opinion of the board, the applicant meets the qualifications 10 required for licensing in the state [,] and meets the requirements of AS 08.68.170; or 11 (2) meets the requirements of AS 08.68.170 and has successfully 12 completed the Canadian Nurses' Association Testing Service examination if the board 13 determines it is comparable to the examination administered by this state [; OR 14 (3) HAS NOT WORKED AS A NURSE WITHIN THE LAST FIVE 15 YEARS, IF THE APPLICANT MEETS THE CONTINUING COMPETENCY 16 REQUIREMENTS OF THE BOARD OR COMPLETES A COURSE OF STUDY 17 APPROVED BY THE BOARD]. 18 * Sec. 3. AS 08.68.200 is amended by adding a new subsection to read: 19 (b) The board may issue a license by endorsement to practice as a registered or 20 practical nurse, whichever is appropriate, to an applicant who has not worked as a 21 nurse within the past five years if the applicant meets the requirements of either (a)(1) 22 or (a)(2) of this section and 23 (1) meets the continuing competency requirements of the board; or 24 (2) completes a course of study approved by the board. 25 * Sec. 4. AS 08.68.210(a) is amended to read: 26 (a) The board may issue a temporary permit, nonrenewable and valid for a 27 period not exceeding four months, to an applicant for a license by endorsement if the 28 applicant 29 (1) submits proof satisfactory to the board that the applicant is 30 currently licensed in another state or Canadian province or Canadian territory that 31 administers an examination approved by the board under AS 08.68.200(a)(2)
01 [AS 08.68.200(2)]; 02 (2) meets the requirements of AS 08.68.170; and 03 (3) pays the required fee. 04 * Sec. 5. AS 08.68.331 is amended by adding a new subsection to read: 05 (c) An applicant for certification as a nurse aide shall submit to the board the 06 applicant's fingerprints and the fees and other information required by the Department 07 of Public Safety in order to obtain state and national criminal history record 08 information under AS 12.62. The board may require an applicant for renewal of 09 certification to submit to the board the applicant's fingerprints and the fees and other 10 information required by the Department of Public Safety in order to obtain state and 11 national criminal history record information under AS 12.62. The board shall submit 12 fingerprints received under this subsection to the Department of Public Safety, and the 13 Department of Public Safety shall 14 (1) submit the fingerprints to the Federal Bureau of Investigation for a 15 report on national criminal history record information; 16 (2) perform a check for state criminal history record information; and 17 (3) report to the board the results of the criminal history record checks 18 under (1) and (2) of this subsection. 19 * Sec. 6. AS 08.68.340(a) is amended to read: 20 (a) It is a class B misdemeanor for a person to 21 (1) practice nursing under a diploma, license, or record that is 22 unlawfully obtained, signed, or issued; 23 (2) practice or offer to practice nursing without a license, unless the 24 person is practicing only within the scope of a delegation properly made under 25 AS 08.68.405 or is only giving [GIVES] necessary aid to the ill, injured, or infirm in 26 an emergency; 27 (3) employ as a nurse a person who is not licensed to practice nursing; 28 (4) use in connection with the person's name a designation that implies 29 that the person is a licensed nurse unless the person is licensed; 30 (5) practice nursing during the time that the person's license is 31 suspended or revoked;
01 (6) practice nursing with knowledge that the person's license has 02 lapsed; 03 (7) conduct a nursing education program and represent or imply that it 04 is accredited by the board, unless the program has been accredited by the board. 05 * Sec. 7. AS 08.68 is amended by adding a new section to read: 06 Sec. 08.68.405. Delegation of nursing functions. A registered or practical 07 nurse licensed under this chapter may delegate nursing duties to other persons, 08 including unlicensed assistive personnel, if authorized to do so under regulations 09 adopted by the board. A person to whom the nursing duties are delegated may 10 perform the delegated duties without a license or certificate under this chapter if the 11 person meets the requirements established by the board for the training required for 12 the delegated duties.