Legislature(2001 - 2002)

02/26/2002 03:01 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 276-REGULATION OF NURSING                                                                                                  
                                                                                                                                
CHAIR DYSON announced  that the first order of  business would be                                                               
HOUSE  BILL NO.  276, "An  Act relating  to nursing,  nurses, and                                                               
nurse aides."  [Before the committee was CSHB 276(L&C).]                                                                        
                                                                                                                                
Number 0129                                                                                                                     
                                                                                                                                
REPRESENTATIVE WILSON  testified as the  sponsor of HB 276.   She                                                               
paraphrased the following portion of her sponsor statement:                                                                     
                                                                                                                                
     House  Bill 267  is essentially  a clean-up  bill which                                                                    
     brings  nursing  statutes  up   to  date  with  current                                                                    
     nursing practice  in three areas:   (1)  gives licensed                                                                    
     nurses  the authority  to  delegate  nursing duties  to                                                                    
     other  personnel   and  gives  the  Board   of  Nursing                                                                    
     authority  to  promulgate  regulations  outlining  safe                                                                    
     delegation practices to ensure  safety of the consumer;                                                                    
     (2)  the bill  increases the  length of  time available                                                                    
     for  a  temporary  nursing license  from  four  to  six                                                                    
     months to allow  for the extra time it may  take to get                                                                    
     back  results  of  criminal justice  background  checks                                                                    
     required  in new  regulation; (3)  changes the  working                                                                    
     placement  regarding  licensure   by  endorsement  that                                                                    
     brings the wording in the  statute into compliance with                                                                    
     what is already being done in the division.                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL  asked if  the new  language in  Section 1                                                               
actually reflects what is already happening.                                                                                    
                                                                                                                                
REPRESENTATIVE WILSON replied yes.                                                                                              
                                                                                                                                
Number 0337                                                                                                                     
                                                                                                                                
LYNN  HARTZ,   Family  Nurse  Practitioner,  Board   of  Nursing,                                                               
testified via  teleconference in  support of HB  276.   Ms. Hartz                                                               
said that  [the board]  considers the  delegation piece  the most                                                               
important provision  of the bill.   The [need for  this statutory                                                               
authority] came about when the  board was drafting regulations in                                                               
regard to  delegation.   At that  time, the  board was  told that                                                               
nurses  didn't  have  the  statutory  authority  to  delegate  to                                                               
unlicensed  assistive personnel  (UAPs).    Therefore, the  board                                                               
couldn't promulgate regulations regarding  delegation.  The board                                                               
had always assumed that it  had this delegation authority and had                                                               
even published a position statement  regarding safe delegation in                                                               
1993.                                                                                                                           
                                                                                                                                
MS. HARTZ pointed out  that a nurse asking a nurse  aide to run a                                                               
urine test on  a patient would be an example  of this delegation.                                                               
Since the nurse  aide has no license to practice,  the nurse aide                                                               
has no legal scope of practice.   Without HB 276, UAPs would have                                                               
no  legal basis  to  continue  to perform  nursing  tasks.   This                                                               
legislation would  eliminate a gray  area of practice  for nurses                                                               
who are already delegating to UAPs  on a daily basis.  Therefore,                                                               
she expressed hope that the committee would pass HB 267.                                                                        
                                                                                                                                
Number 0565                                                                                                                     
                                                                                                                                
MARY  WEYMILLER,  Licensed  Practical Nurse,  Board  of  Nursing,                                                               
testified   via   teleconference.       Ms.   Weymiller   thanked                                                               
Representative  Wilson  for  introducing  HB 267  and  urged  the                                                               
committee to pass it.                                                                                                           
                                                                                                                                
Number 0604                                                                                                                     
                                                                                                                                
DOROTHY  FULTON,  Executive   Administrator,  Board  of  Nursing,                                                               
testified via teleconference.   She thanked Representative Wilson                                                               
for introducing HB 267.                                                                                                         
                                                                                                                                
Number 0645                                                                                                                     
                                                                                                                                
NANCY SANDERS, Registered Nurse,  Board of Nursing, testified via                                                               
teleconference in concurrence with Ms. Hartz's testimony.                                                                       
                                                                                                                                
Number 0683                                                                                                                     
                                                                                                                                
REPRESENTATIVE  KOHRING  moved to  report  CSHB  276(L&C) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.  There  being no objection, CSHB 276(L&C) moved                                                               
out of the  House Health, Education and  Social Services Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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