Bill Text: HI HB1753 | 2014 | Regular Session | Introduced


Bill Title: Nurses; Nursing; Continuing Education; Licensing; Renewal

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-02-12 - The committee(s) on HLT recommend(s) that the measure be deferred. [HB1753 Detail]

Download: Hawaii-2014-HB1753-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

1753

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to continuing education for nurses.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that Hawaii is one of only fifteen states that do not require continuing education as a condition of license renewal for nurses.  The legislature further finds that health care professionals, including nurses, must continue learning throughout their careers to maintain up-to-date knowledge and skills for the benefit of their patients.  Mandating continuing education as a condition for license renewal is a way to ensure that nurses provide the highest quality of care to patients and meet public expectations for quality and safety.

     Accordingly, the purpose of this Act is to require nurses to complete a minimum of thirty hours of continuing education during each two-year license period, beginning with the renewal for the licensing biennium commencing on July 1, 2015.

     SECTION 2.  Section 457-9, Hawaii Revised Statutes, is amended to read as follows:

     "§457-9  Renewal of license; continuing education; denial, suspension, or revocation of license for default of student loan, student loan repayment contract, or scholarship contract; inactivation and reactivation of license; restoration of forfeited license.  (a)  The license of every person licensed, recognized, or granted prescriptive authority shall expire on June 30 of every odd-numbered year and shall be renewed biennially, except as provided in this section.  Biennially in each odd-numbered year, the board shall make available an application for renewal of license before the deadline set forth by the board to every person to whom a license was issued or renewed during the biennium.  The applicant shall complete the application and submit it to the board with a renewal fee and all required documents on or before the deadline set by the board.  The applicant shall provide documents from proper agencies or parties of any criminal conviction or any disciplinary action taken or pending in this State or any other state in the United States or any territory or possession under the jurisdiction of the United States within the two years prior to application for renewal of license.  Upon receipt of the application [and], fee, and certification regarding compliance with the continuing education requirements of subsection (b), the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the biennium expiring two years hence on the deadline set by the board.  The renewal shall render the holder thereof a legal practitioner of nursing for the period stated on the renewal form.

     (b)  Beginning with the renewal for the licensing biennium commencing on July 1, 2015, and prior to every biennium renewal thereafter, each licensee shall complete a minimum of thirty hours of continuing education, or its equivalent as determined by the board, within the renewal period; provided that a first time licensee shall not be subject to the continuing education requirement for the first license renewal.  The board shall adopt rules in accordance with chapter 91 to establish subject matter and classes that qualify as continuing education or its equivalent for the purposes of meeting the continuing education requirement.

     (c)  Each licensee shall maintain the licensee's continuing education records.  At the time of renewal, each licensee shall certify under oath that the licensee has complied with the continuing education requirement of this section.  The board may require a licensee to submit evidence satisfactory to the board that demonstrates compliance with the continuing education requirement of this section.  The board may conduct random audits of licensees to determine compliance with continuing education requirements.  The board shall provide written notice of an audit to a licensee randomly selected for audit.  Within sixty days of notification, the licensee shall provide the board with documentation verifying compliance with the continuing education requirement established by this section.

     [(b)] (d)  Any licensee who fails to renew a license as provided in [subsection (a)] this section but continues to practice shall be considered an illegal practitioner and shall be subject to the penalties provided for violations of this chapter.  The failure to timely renew a license, the failure to pay all applicable fees, the dishonoring of any check upon first deposit, or the failure to comply with any other requirement provided by law shall cause the license to be automatically forfeited; provided that the person's license may be restored by the board within two years after the date of forfeiture upon compliance with the licensing renewal fees, penalty fees, and compliance resolution fund fees.

     A nurse who does not intend to practice nursing in the State and elects to be placed on inactive status shall so indicate in writing during the license renewal period or by so indicating on the license renewal application, and paying inactivation and all appropriate fees.  Should the nurse wish to resume nursing at some future time, the nurse shall notify the board in writing and remit the reactivation and renewal fees and application form as provided in subsection (a).  A nurse who has not actively practiced in this State or any other state in the United States or any territory or possession under the jurisdiction of the United States for more than five years may be required by the board to submit proof of continued competency by retaking and passing the licensing examination or successfully completing appropriate continuing education recognized by the board.

     [(c)] (e)  Notwithstanding any provision in this chapter to the contrary, the board shall not renew or reinstate, or shall deny, suspend, or revoke, any license or application if the board has received certification from an administering entity pursuant to chapter 436C that the licensee or applicant is in default or breach of any obligation under any student loan, student loan repayment contract, or scholarship contract that financed the licensee's or applicant's education, or has failed to comply with a repayment plan.

     The board, in receipt of a certification pursuant to chapter 436C, as applicable, and without further review or hearing, shall:

     (1)  Suspend the license;

     (2)  Deny the application or request for renewal of the license; or

     (3)  Deny the request for reinstatement of the license,

and unless otherwise provided by law, shall renew, reinstate, or grant the license only upon receipt of an authorization from the administering entity."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Nurses; Nursing; Continuing Education; Licensing; Renewal

 

Description:

Beginning with the renewal for the licensing biennium commencing on July 1, 2015, requires nurses to complete a minimum of thirty hours of continuing education during each two-year license period.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

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