Bill Text: MS SB2088 | 2015 | Regular Session | Introduced
Bill Title: Mississippi Nursing Practice Act; make technical amendments to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2088 Detail]
Download: Mississippi-2015-SB2088-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
Senate Bill 2088
AN ACT TO AMEND SECTION 73-15-1, MISSISSIPPI CODE OF 1972, TO CHANGE THE TITLE OF THE MISSISSIPPI NURSING PRACTICE LAW TO THE MISSISSIPPI NURSE PRACTICE LAW; TO AMEND SECTION 73-15-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PURPOSE OF THE NURSE PRACTICE LAW AND TO CLARIFY THE REQUIREMENT FOR COLLABORATION BY ADVANCED PRACTICE NURSES; TO AMEND SECTION 73-15-5, MISSISSIPPI CODE OF 1972, TO REVISE SEVERAL DEFINITIONS UNDER THE NURSE PRACTICE LAW; TO AMEND SECTION 73-15-7, MISSISSIPPI CODE OF 1972, TO REVISE THE EXCEPTIONS FROM THE NURSE PRACTICE LAW; TO AMEND SECTION 73-15-9, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE MISSISSIPPI BOARD OF NURSING; TO AMEND SECTION 73-15-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER OF GIVING NOTICE OF SPECIAL MEETINGS OF THE BOARD TO THE MEMBERS; TO AMEND SECTION 73-15-13, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT FUNDS OF THE BOARD BE DEPOSITED IN THE STATE TREASURY; TO AMEND SECTION 73-15-15, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS FOR MEMBERS OF THE BOARD; TO AMEND SECTION 73-15-17, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE BOARD; TO AMEND SECTION 73-15-18, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE NURSING WORKFORCE ADVISORY COMMITTEE; TO AMEND SECTION 73-15-19, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR REGISTERED NURSES; TO AMEND SECTION 73-15-20, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 73-15-21, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR LICENSED PRACTICAL NURSES; TO BRING FORWARD SECTION 73-15-22, MISSISSIPPI CODE OF 1972, WHICH IS THE NURSE LICENSURE COMPACT, FOR AMENDMENT; TO AMEND SECTION 73-15-23, MISSISSIPPI CODE OF 1972, TO CLARIFY A REFERENCE TO THE NURSE LICENSURE COMPACT ADMINISTRATOR; TO REPEAL SECTION 73-15-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION THROUGH ITS DIVISION OF VOCATIONAL EDUCATION TO CONTRACT WITH THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO ESTABLISH UNIFORM STANDARDS FOR THE ACCREDITATION OF SCHOOLS OF PRACTICAL NURSING IN THIS STATE; TO AMEND SECTION 73-15-27, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING THE RENEWAL AND REINSTATEMENT OF LICENSES; TO AMEND SECTION 73-15-29, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING THE GROUNDS FOR SUSPENDING OR REVOKING LICENSES AND PENALTIES FOR ENGAGING IN PROHIBITED CONDUCT; TO AMEND SECTION 73-15-31, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS APPLICABLE TO DISCIPLINARY PROCEEDINGS; TO CREATE NEW SECTION 73-15-32, MISSISSIPPI CODE OF 1972, TO CONSOLIDATE THE PROCEDURES FOR RESTORATION OF SUSPENDED OR REVOKED LICENSES; TO AMEND SECTION 73-15-33, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING VIOLATIONS AND PENALTIES; TO AMEND SECTION 73-15-35, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING INJUNCTIVE RELIEF; TO AMEND SECTION 73-15-101, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR CERTIFIED CLINICAL HEMODIALYSIS TECHNICIANS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-15-1, Mississippi Code of 1972, is amended as follows:
73-15-1. This article shall
be cited as the "Mississippi * * * Nurse Practice Law," which
creates and empowers the Mississippi Board of Nursing to regulate nursing and to
enforce the provisions of the law.
SECTION 2. Section 73-15-3, Mississippi Code of 1972, is amended as follows:
73-15-3. * * *
The
Mississippi Board of Nursing is a consumer protection agency with the authority
to regulate the practice of nursing through licensure and to establish
the scope of nursing practice. The purpose of this law is to protect the
health, safety and welfare of the residents of this state.
SECTION 3. Section 73-15-5, Mississippi Code of 1972, is amended as follows:
73-15-5. (1) "Board" means the Mississippi Board of Nursing.
(2) "Nurse" means a person licensed to practice nursing in Mississippi or otherwise authorized to practice as provided in this article.
( * * *3) * * * "Practice * * * by a registered nurse"
means the performance for compensation of services which requires substantial
knowledge of the biological, physical, behavioral, psychological and
sociological sciences and of nursing theory as the basis for assessment,
diagnosis, planning, intervention and evaluation in the promotion and
maintenance of health; management of individuals' responses to illness, injury
or infirmity; the restoration of optimum function; or the achievement of a
dignified death. * * * Nursing practice * * * includes, but is not limited to,
administration, teaching, counseling, delegation and supervision of nursing,
and execution of the medical regimen, including the administration of
medications and treatments prescribed by any licensed or legally authorized
physician or dentist. The foregoing shall not be deemed to include acts of
medical diagnosis or prescriptions of medical, therapeutic or corrective
measures, except as may be set forth by rules and regulations promulgated and
implemented by the * * *
board * * *.
* * *
(4) " * * * Practice by an advanced
practice registered nurse" means * * *
the performance of advanced-level nursing approved by the board which, by
virtue of graduate education and experience are appropriately performed by an
advanced practice registered nurse in addition to the practice as a
registered nurse. The advanced practice registered nurse may diagnose,
treat, prescribe and manage medical conditions. This may include controlled
substance prescriptive authority being granted as identified by the
board. Advanced practice registered nurses * * * may, but shall not be required to
practice in a collaborative/consultative relationship with a physician or
dentist with an unrestricted license to practice in the State of Mississippi
and advanced nursing must be performed within the framework of * * *
evidence-based standards of practice.
(5) * * * "Practice * * * by a licensed practical nurse"
means the performance for compensation of services requiring basic knowledge of
the biological, physical, behavioral, psychological and sociological sciences
and of nursing procedures which do not require the substantial skill, judgment
and knowledge required of a registered nurse. These services are performed
under the direction of a registered nurse, an advanced practice registered
nurse, or a licensed physician or licensed dentist and * * * use standardized procedures in
the observation and care of the ill, injured and infirm; in the maintenance of
health; in action to safeguard life and health; and in the administration of
medications and treatments prescribed by any licensed physician, advanced
practice registered nurse, or licensed dentist authorized by state law to
prescribe. On a selected basis, and within safe limits, the role of the
licensed practical nurse shall be expanded by the board under its rule-making
authority to more complex procedures and settings commensurate with additional
preparation and experience.
(6) * * * "License" means an authorization
to practice nursing as a registered nurse, an advanced practice registered
nurse, or a licensed practical nurse * * * as defined in this section.
(7) * * * "Registered nurse" * * * means a person who is licensed or
holds the privilege to practice under the provisions of this article and who
practices nursing as defined * * * in this section. "RN"
is the abbreviation for the title of Registered Nurse.
(8) * * * "Licensed practical nurse" * * * means a person who is licensed or
holds the privilege to practice under this article and who practices practical
nursing as defined * * *
in this section. "LPN" is the abbreviation for the title of
Licensed Practical Nurse.
* * *
( * * *9) * * * "Advanced practice registered
nurse" * * *
means a person who is licensed or holds the privilege to practice under
this article and * * *
is * * *
licensed in advanced practice * * * nursing. An advanced practice registered nurse is
recognized in one (1) of the four (4) following advanced practice roles:
certified registered nurse * * * midwife, certified registered
nurse * * * anesthetist, certified registered nurse * * * practitioner and clinical
nurse specialist. "APRN" is the abbreviation for the title of
Advanced Practice Registered Nurse. "CNM" is the abbreviation
for the title of Certified Registered Nurse Midwife, "CRNA" is
the abbreviation for the title of Certified Registered Nurse Anesthetist.
"CNP" is the abbreviation for the title of Certified Registered
Nurse Practitioner. "CNS" is the abbreviation for the title of
Clinical Nurse Specialist.
* * *
( * * *10) * * * "Consumer representative" * * * means a person representing the
interests of the general public, who may use services of a health agency or
health professional organization or its members but who is neither a provider
of health services, nor employed in the health services field, nor holds a
vested interest in the provision of health services at any level, nor has an
immediate family member who holds vested interests in the provision of health
services at any level.
( * * *11) "Privilege to practice"
means the authorization to practice nursing in the state as described in the
Nurse Licensure Compact provided for in Section 73-15-22.
( * * *12) "Licensee" * * * means a person who has been issued a
license to practice nursing in the state or who holds the privilege to practice
nursing in the state.
SECTION 4. Section 73-15-7, Mississippi Code of 1972, is amended as follows:
73-15-7. The following shall be excepted from the provisions of this article:
(a) Gratuitous nursing by friends and members of the family.
(b) The furnishing of nursing assistance in an emergency.
(c) The practice of nursing * * * that is incidental to a program
of study by a student enrolled in an approved educational program of nursing,
provided the practice is under the supervision of a registered nurse licensed
in Mississippi.
* * *
( * * *d) The practice of nursing by any
legally qualified nurse of another state who is employed by the United States
Government or any bureau, division or agency thereof while in the discharge of
his or her official duties.
* * *
( * * *e) The infliction of the punishment of
death * * *
under Section 99-19-51.
SECTION 5. Section 73-15-9, Mississippi Code of 1972, is amended as follows:
73-15-9. (1) There is * * * created a board to be known as the
Mississippi Board of Nursing, composed of thirteen (13) members, * * *
including seven (7) registered nurses, one (1) of whom shall be an advanced
practice registered nurse; four (4) licensed practical nurses; one (1)
licensed physician who * * * currently serves as a member of the State
Board of Medical Licensure; and one (1) * * * representative of
consumers of health services. There shall be at least one (1) board member
from each congressional district in the state; * * * however, * * * the physician member, the consumer
representative member and one (1) registered nurse member shall be at large
always.
(2) Members of the * * * board * * *, excepting the member of the State
Board of Medical Licensure, shall be appointed by the Governor, with the advice
and consent of the Senate, from lists of nominees submitted by any Mississippi * * * nurse organization and/or
association chartered by the State of Mississippi whose board of directors is
elected by the membership and whose membership includes * * * nurses statewide * * *. Nominations submitted by any such * * * nurse organization or association
to fill vacancies on the board shall be made and voted on by * * * nurses only. Each list of nominees
shall contain a minimum of three (3) names for each vacancy to be filled. The
list of names shall be submitted at least thirty (30) days before the
expiration of the term for each position. If such list is not submitted, the
Governor is authorized to make an appointment from the group affected and
without nominations. Appointments made to fill vacancies for unexpired terms
shall be for the duration of such terms and until a successor is duly
appointed.
(3) Members of the board
shall be appointed in staggered terms for four (4) years or until a successor
shall be duly qualified. No member may serve more than two (2) consecutive
full terms. * * *
(4) Vacancies occurring by reason of resignation, death or otherwise shall be filled by appointment of the Governor upon nominations from a list of nominees from the affected group to be submitted within not more than thirty (30) days after such a vacancy occurs. In the absence of such list, the Governor is authorized to fill such vacancy in accordance with the provisions for making full-term appointments. All vacancy appointments shall be for the unexpired terms.
(5) Any member may be
removed from the board by the Governor * * * following a recommendation by the executive
committee * * * and a quorum vote by the board at a regular or special
meeting.
SECTION 6. Section 73-15-11, Mississippi Code of 1972, is amended as follows:
73-15-11. (1) The members
of the * * *
board * * *
shall meet annually and organize for the ensuing year by election of one (1) of
its members as president, one (1) as secretary, and one (1) as treasurer. The
physician member and the representative of consumers of health services may
discuss and nominate but shall not vote for officers nor hold office in such
elections.
(2) The board shall meet at least once every four (4) months for the purpose of transacting such business as may come before the board. Any member who shall not attend two (2) consecutive meetings of the board shall be subject to removal by the Governor. The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.
(3) Special meetings of the
board may be held on call of the president or upon call of any seven (7)
members. A written notice of time, place and purpose of any special meeting
shall be * * *
sent by the executive director to all members of the board not less than
ten (10) days before the meeting is held.
(4) On all matters the board shall function as a board of thirteen (13) members, and seven (7) members, including at least three (3) registered nurses and two (2) practical nurses, shall constitute a quorum. In any case, the affirmative vote of a majority of the members present and participating shall be necessary to take action. In all cases pertaining to practical nursing, such majority must include the affirmative vote of at least one (1) of the practical nurse members of the board.
* * *
( * * *5) Each member of the board shall
receive a per diem compensation as provided in Section 25-3-69 for attendance
at board meetings, together with necessary travel and other expenses incurred
in the discharge of his or her duties as a board member.
SECTION 7. Section 73-15-13, Mississippi Code of 1972, is amended as follows:
73-15-13. (1) All fees
from examination, registration and licensure of nurses as provided for
hereafter, and all monies coming into possession of the board * * * shall be
deposited * * * to the credit of the board.
(2) The funds collected by
this board shall be expended only * * * upon appropriation approved
by the Legislature and as provided by law.
(3) The treasurer and executive director shall execute surety bonds in a sum to be determined by the board, conditioned upon the faithful performance of their duties and upon their accounting for all monies coming into their hands. The premium for the bond shall be paid by the board funds. Funds shall not be withdrawn or expended except upon approval of the board.
(4) All administrative funds collected for administrative costs shall be deposited into a special fund operating account of the board.
SECTION 8. Section 73-15-15, Mississippi Code of 1972, is amended as follows:
73-15-15. (1) Each board member shall be a citizen of the United States, a resident of the State of Mississippi, and shall before entering upon duties of said office take the oath prescribed by Section 268 of the Constitution of the State of Mississippi and file same with the Office of the Secretary of State who shall thereupon issue such person so appointed a certificate of appointment.
(2) Each * * * RN board member shall * * * be
a graduate from an approved educational program for the preparation of RNs; be
licensed in good standing under the provisions of this article; be currently
engaged in RN practice; and have no less than five (5) years' experience as an
RN, at least three (3) of which immediately preceded appointment.
* * *
(3) Each * * * LPN board
member * * * shall be a graduate from an approved
educational program for the preparation of LPNs; be licensed in good
standing under the provisions of this article; be currently engaged in LPN
practice; and have no less than five (5) years' experience as an LPN, at least
three (3) of which immediately preceded appointment.
* * *
(4) The APRN board member shall have completed a formal comprehensive program with a graduate or post-graduate certification (either post-masters or post-doctoral) that is awarded by an academic institute and accredited by a nursing or nursing-related accrediting organization recognized by the United States Department of Education (USDE) and/or the Council for Higher Education Accreditation (CHEA); be licensed in good standing under the provisions of this article; be currently engaged in APRN practice; and have no less than five (5) years' experience as an APRN, at least three (3) of which immediately preceded appointment.
( * * *5) The physician member shall be a
physician licensed to practice in the State of Mississippi and a member of the
State Board of Medical Licensure.
(6) The consumer board member shall be a resident of this state and shall not be, nor shall ever have been, a person who has ever had any material financial interest in the provision of nursing service or who has engaged in any activity directly related to nursing.
SECTION 9. Section 73-15-17, Mississippi Code of 1972, is amended as follows:
73-15-17. The * * * board * * * is authorized and empowered to:
(a) * * * Make,
adopt, amend, repeal and enforce such administrative rules consistent with the
law as it deems necessary for the proper administration of this law and
to protect public health, safety and welfare.
(b) * * * Maintain
membership in national organizations that develop national licensure
examinations and exclusively promote the improvement of the legal
standards of the practice of nursing for the protection of public health,
safety and welfare.
(c) * * * Develop standards
for maintaining competence of licensees and requirements for returning to
practice.
(d) * * *
Certify and regulate Certified Clinical Hemodialysis Technicians (CCHTs).
(e) * * *
Develop and enforce standards for nursing practice.
(f) * * * Issue advisory opinions, interpretive
statements and declaratory statements regarding the interpretation and
application of the Nurse Practice Law and regulations adopted under this law.
(g) Regulate the manner in which nurses announce their practice to the public.
(h) Implement the discipline process:
(i) Issue subpoenas in connection with investigations, inspections and hearings.
(ii) Obtain access to records as reasonably requested by the board to assist the board in its investigation. The board shall maintain any records under this subparagraph as confidential data.
(iii) Order licensees to submit and pay for physical, mental health or chemical dependency evaluations for cause.
(iv) Prosecute alleged violations of this law.
(v) Conduct hearings, compel attendance of witnesses and administer oaths to persons giving testimony at hearings, consistent with administrative rules of the board.
(vi) Provide alternatives to discipline:
1. Establish alternative programs for monitoring of nurses who agree to seek treatment of substance use disorders, mental health or physical health conditions that could lead to disciplinary action by the board as established by rule of the board; and
2. Establish programs to educate and remediate nurses with practice concerns who meet criteria established by rule of the board.
(i) Discipline nurses for violation of any provision of this law.
(j) Maintain a record of all persons regulated by the board.
(k) Maintain records of proceedings as required by the laws of this state.
(l) Collect and analyze data regarding nursing education, nursing practice and nursing resources. Data may be collected with license applications.
(m) Submit an annual report to the Governor summarizing the board's proceedings and activities.
( * * *n) Maintain an office in the greater
Jackson area for the administration of this article.
* * *
( * * *o) File an annual list of all
certificates of registration issued by the board to registered nurses,
including addresses of the persons with the Mississippi Nurses' Association;
and file a similar list of all certificates of registration issued to licensed
practical nurses, including addresses of the persons, with * * * the Mississippi Licensed Practical Nurses Association.
( * * *p) Adopt a seal which shall be in the
form of a circle with the image of an eagle in the center, and around the
margin the words "Mississippi Board of Nursing," and under the image
of the eagle the word "Official." The seal shall be affixed to
certificates and warrants issued by the board, and to all records sent up on
appeal from its decisions.
* * *
( * * *q) Examine, license and renew licenses
of duly qualified applicants.
( * * *r) Appoint and employ a qualified
person who shall not be a member of the board to serve as executive director,
define the duties, fix the compensation, and delegate to him or her those
activities that will expedite the functions of the board. The executive
director shall meet all the qualifications for board members, and shall in
addition:
(i) Have had at least a master's degree in nursing, eight (8) years' experience as a registered nurse, five (5) of which shall be in teaching or in administration, or a combination thereof; and
(ii) Have been actively engaged in nursing for at least five (5) years immediately preceding appointment.
( * * *s) Employ, discharge, define duties,
and fix compensation of such other persons as may be necessary to carry out the
provisions of this article.
( * * *t) Secure the services of * * * consultants as deemed necessary who
shall receive a per diem, travel and other necessary expenses incurred while
engaged by the board.
( * * *u) Enter into contracts with any other
state or federal agency or with any private person, organization or group
capable of contracting, if it finds such action to be in the public interest
and in the furtherance of its responsibilities.
( * * *v) Upon reasonable suspicion that a
holder of a license issued under this article has violated any statutory ground
for denial of licensure as set forth in Section 73-15-29 or is guilty of any
offense specified in Section 73-15-33, require the license holder to undergo a
fingerprint-based criminal history records check of the Mississippi central
criminal database and the Federal Bureau of Investigation criminal history
database, in the same manner as required for applicants for licensure under * * * this
article.
SECTION 10. Section 73-15-18, Mississippi Code of 1972, is amended as follows:
73-15-18. (1) The * * * board * * * is designated as the state agency
responsible for the administration and supervision of the Nursing Workforce
Program as an educational curriculum in the State of Mississippi. It is the
intent of the Legislature to develop a nursing workforce able to carry out the
scope of service and leadership tasks required of the profession by promoting a
strong educational infrastructure between nursing practice and nursing
education.
(2) The * * * board * * * is authorized to establish an Office
of Nursing Workforce within the administrative framework of the board for the
purpose of providing coordination and consultation to nursing education and
practice. The Nursing Workforce Program shall encompass five (5)
interdependent components:
(a) Develop and facilitate implementation of a state educational program directed toward nursing educators regarding health care delivery system changes and the impact these changes will have on curriculum and on the service needs of nurses.
(b) Determine the continuing education needs of the nursing workforce and facilitate such continuing education coursework through the university/college schools of nursing in the state and the community/junior college nursing programs in the state.
(c) Promote and coordinate
through the schools of nursing opportunities for nurses prepared at the practical
nurse certificate, associate nurse degree and * * * baccalaureate nurse degree
levels to obtain higher degrees.
(d) Apply for and administer grants from public and private sources for the development of the Nursing Workforce Program prescribed in this section.
(e) Establish systems
to ensure an adequate supply of nurses to meet the health care needs of the
citizens of Mississippi. This will include, but is not limited to, gathering
and quantifying dependable data on current nursing workforce capacities and
forecasting future requirements. The Office of Nursing Workforce will report
its findings annually to the * * * Legislature.
(3) Pursuant to the
provisions of subsections (1) and (2), the board * * * is authorized to provide for the
services of an Office of Nursing Workforce Director and such other professional
and nonprofessional staff as may be needed and as funds are available to the
board * * *
to implement the Nursing Workforce Program prescribed in this section. It
shall be the responsibility of such professional staff to coordinate efforts of
the * * *
baccalaureate degree schools of nursing, the associate degree schools of
nursing, practical nurse programs and other appropriate state
agencies * * * to implement the Nursing Workforce Program.
(4) * * * There
shall be a Nursing Workforce Advisory Committee composed of health care
professionals, health agency administrators, nursing educators and other
appropriate individuals to provide technical advice to the Office of Nursing
Workforce created in this section. The members of the committee shall be appointed
by the board * * * from a list of nominees submitted by appropriate nursing and
health care organizations in the State of Mississippi. The executive
director of the board shall be a permanent committee member of the Nursing
Workforce Advisory Committee. The members of the committee shall receive
no compensation for their services, but may be reimbursed for actual travel
expenses and mileage authorized by law for necessary committee business.
(5) All funds made
available to the board * * * for the purpose of nursing workforce shall be administered
by the board office for that purpose. The board * * * is authorized to enter into contract
with any private person, organization or entity capable of contracting for the purpose
of administering this section.
(6) The Nursing Workforce Program and the Office of Nursing Workforce provided for in this section will be established and implemented only if sufficient funds are appropriated to or otherwise available to the Board of Nursing for that purpose.
SECTION 11. Section 73-15-19, Mississippi Code of 1972, is amended as follows:
73-15-19. (1) Registered
nurse applicant qualifications. Any applicant for a license to practice as
a registered nurse shall * * * submit to the board:
(a) Submit to the board an attested written application on a Board of Nursing form;
(b) Submit to the
board written official evidence of completion of a nursing program approved
by the Board of Trustees of State Institutions of Higher Learning, or one (1)
approved by a legal accrediting agency of another state, territory or
possession of the United States, the District of Columbia, or a foreign country * * * that is satisfactory to this
board;
(c) Submit to the board evidence of competence in English related to nursing, provided the first language is not English;
(d) * * *
Have
successful clearance for licensure through an investigation that shall
consist of a determination as to good moral character and verification that the
prospective licensee is not guilty of or in violation of any statutory ground
for denial of licensure as set forth in Section 73-15-29 or guilty of any
offense specified in Section 73-15-33. To assist the board in conducting its
licensure investigation, all applicants shall undergo a fingerprint-based
criminal history records check of the Mississippi central criminal database and
the Federal Bureau of Investigation criminal history database. Each applicant
shall submit a full set of his or her fingerprints in a form and manner
prescribed by the board, which shall be forwarded to the Mississippi Department
of Public Safety (department) and the Federal Bureau of Investigation
Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
The board may, in its
discretion, refuse to accept the application of any person who has been
convicted of a criminal offense under any provision of Title 97 of the
Mississippi Code of 1972, as now or hereafter amended, or any provision of this
article * * *;
(e) Submit to the board any other official records required by the board.
(2) Licensure by
examination. (a) Upon the board being satisfied that an applicant for a
license as a registered nurse has met the qualifications set forth in
subsection (1) of this section, the board shall proceed to * * * give authorization for
examination. The subjects in which applicants shall be examined shall be
in conformity with curricula in schools of nursing approved by the Board of
Trustees of State Institutions of Higher Learning, or one approved by a legal
accrediting agency of another state, territory or possession of the United
States, the District of Columbia, or a foreign country which is satisfactory to
the board.
(b) * * * The board shall authorize the
administration of the examination to applicants for licensure as RNs.
(c) * * *
An applicant applying for licensure by examination must report any criminal
conviction, nolo contendere plea, Alford plea, deferred judgment, or
other plea arrangements in lieu of conviction.
(d) The board may * * *
employ, contract and cooperate with any entity in the preparation and
process for determining results of a uniform licensure examination. When
such an examination is used, the board shall restrict access to questions and
answers.
(e) The board shall determine whether a licensure examination may be repeated, the frequency of reexamination and any requisite education before reexamination.
(3) Licensure by examination of internationally educated applicants. Requirements include:
(a) Graduation from a nursing program comparable to board-approved pre-licensure RN or LPN program, whichever is applicable, and meet all other requirements.
(b) Submission by the applicant of credentials by a credentials review agency for the level of licensure being sought.
(c) Successful passage of an English proficiency examination that includes the components of reading, speaking, writing and listening, except for applicants from countries where English is the native language, and the nursing program where the applicant attended was taught in English, used English textbooks and clinical experiences were conducted in English.
(d) Disclosure of nursing licensure status in country of origin, if applicable.
( * * *4) Licensure by endorsement.
The board may issue a license to practice nursing as a registered nurse without
examination to an applicant who has been duly licensed as a registered nurse
under the laws of another state, territory or possession of the United States,
the District of Columbia, or a foreign country if, in the opinion of the board,
the applicant meets the qualifications required of licensed registered nurses
in this state and has previously achieved the passing score or scores on the
licensing examination required by this state, at the time of his or her
graduation. The issuance of a license by endorsement to a military-trained
applicant or military spouse shall be subject to the provisions of Section 73-50-1.
* * *
(5) Fee. The applicant applying for a license by examination or by endorsement to practice as a registered nurse shall pay a fee not to exceed One Hundred Dollars ($100.00) to the board.
(6) Temporary permit.
(a) * * *
The board may issue a temporary permit for a period of ninety (90) days to a
registered nurse who is currently licensed in another state, territory or
possession of the United States or the District of Columbia and who is an
applicant for licensure by endorsement. Such permit is not renewable except by
board action. The issuance of a temporary permit to a military-trained
applicant or military spouse shall be subject to the provisions of Section 73-50-1.
* * *
( * * *b) The board may issue a temporary
permit for a period of thirty (30) days to any registered nurse during the time
enrolled in a nursing reorientation program. This time period may be extended
by board action. The fee shall not exceed Twenty-five Dollars ($25.00).
( * * *c) The board may adopt such
regulations as are necessary to limit the practice of persons to whom temporary
permits are issued.
(7) Temporary license.
The board may issue a temporary license to practice nursing at a youth camp
licensed by the State * * * Department of Health to nonresident registered nurses
and retired resident registered nurses under the provisions of Section 75-74-8.
(8) Title and abbreviation. Any person who holds a license or holds the privilege to practice as a registered nurse in this state shall have the right to use the title "registered nurse" and the abbreviation "RN" No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that the person using the same is a registered nurse.
(9) Identification. The nurse shall wear identification that clearly identifies the nurse as an RN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient.
( * * *10) Registered nurses licensed
under a previous law. Any person holding a license to practice nursing as
a registered nurse issued by this board which is valid on July 1, 1981, shall
thereafter be deemed to be licensed as a registered nurse under the provisions
of this article upon payment of the fee provided in Section 73-15-27.
( * * *11) Each application or filing made
under this section shall include the social security number(s) of the applicant
in accordance with Section 93-11-64.
SECTION 12. Section 73-15-20, Mississippi Code of 1972, is amended as follows:
73-15-20. (1) * * *
Title and scope of practice.
(a) Advanced Practice Registered Nurse (APRN) is the title given to an
individual who is licensed to practice advanced practice registered nursing
within one (1) of the four (4) following roles: Certified Registered Nurse
Practitioner (CNP), Certified Registered Nurse Anesthetist (CRNA), Certified
Registered Nurse Midwife (CNM) or Clinical Nurse Specialist (CNS), and who
functions in a population focus as set forth by rule of the board. An APRN may
serve as primary or acute care provider of record.
(b) Population focus shall include:
(i) Family/individual across the lifespan;
(ii) Adult gerontology;
(iii) Neonatal;
(iv) Pediatrics;
(v) Women's health/gender-related;
(vi) Psychiatric/mental health;
(c) In addition to the RN scope of practice and within the APRN role and population focus, APRN practice shall include:
(i) Conducting an advanced assessment;
(ii) Ordering and interpreting diagnostic procedures;
(iii) Establishing primary and differential diagnoses;
(iv) Prescribing, ordering, administering, distributing;
(v) Delegating and assigning therapeutic measures to licensed personnel;
(vi) Consulting with other disciplines and providing referrals to health care agencies, health care providers and community resources;
(vii) Wearing identification that clearly identifies the nurse as an APRN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient;
(viii) Other acts that require education and training consistent with professional standards and commensurate with the APRN's education, certification, demonstrated competencies and experience.
(d) APRNs are licensed independent practitioners within standards established or recognized by the board. Each APRN is accountable to patients, the nursing profession and the board for:
(i) Complying with the requirements of this law and the quality of advanced nursing care rendered;
(ii) Recognizing limits of knowledge and experience;
(iii) Planning for the management of situations beyond the APRN's expertise.
(iv) Consulting with or referring patients to other health care providers as appropriate.
(v) * * * Performing functions
authorized in this section within a collaborative/consultative relationship
with a physician or dentist * * * who holds an
unrestricted license to practice medicine or dentistry * * * in this state and within * * * evidence-based standards of practice that * * * are filed with the board upon * * * licensure application * * * or renewal, or after
entering into a new collaborative/consultative relationship or making changes
to the * * * collaborative/consultative agreement or changing
practice site. The board shall review and approve * * * this collaborative/consultative
agreement to ensure compliance with applicable regulatory standards. * * *
* * *
(2) Licensure. (a) Initial licensure. An applicant for initial licensure to practice as an APRN shall:
(i) Submit a completed written application and appropriate fees as established by the board.
(ii) Hold a current RN license or privilege to practice and shall not hold an encumbered license or privilege to practice as an RN in any state or territory.
(iii) Have completed an accredited graduate or post-graduate level APRN program in one (1) of the four (4) roles and at least one (1) population focus.
(iv) Be currently certified by a national certifying body recognized by the board in the APRN role and population foci appropriate to educational preparation.
(v) Provide other evidence as required by rule of the board.
(vi) Report any criminal conviction, nolo contendere plea, Alford plea or other plea arrangement in lieu of conviction.
(vii) Have committed no acts or omissions that are grounds for disciplinary action as set forth in this law.
(viii) Have successful clearance for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33. To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency. The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories. The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant. The board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.
(b) Endorsement. The board may issue a license by endorsement to an APRN licensed under the laws of another state if, in the opinion of the board, the applicant meets the qualifications for licensure in this state. An applicant for APRN licensure by endorsement shall:
(i) Submit a completed written application for RN endorsement and initial APRN licensure and appropriate fees as established by the board.
(ii) Hold a current unencumbered license or privilege to practice as an RN and APRN in a state or territory.
(iii) Have completed an accredited graduate or post-graduate level APRN program in one (1) of the four (4) roles.
(iv) Be currently certified by a national certifying body recognized by the board in the APRN role and at least one (1) population focus appropriate to educational preparation.
(v) Report any criminal conviction, nolo contendere plea, Alford plea or other plea arrangement in lieu of conviction.
(vi) Have committed no acts or omissions that are grounds for disciplinary action as set forth in this law.
(vii) Provide other evidence as required by the board in its rules.
(c) Renewal. APRN licenses issued under this law shall be renewed biennially according to a schedule established by the board. An applicant for APRN license renewal shall:
(i) Submit a renewal application as directed by the board and remit the required fee as set forth by rule of the board.
(ii) Maintain national certification in the appropriate APRN role and at least one (1) population focus, authorized by licensure, through an ongoing certification maintenance program of a nationally recognized certifying body recognized by the board.
(iii) Have
completed the requirements for continuing education. The board shall by
rule prescribe continuing education requirements for * * * APRNs
of not less than forty (40) hours biennially as a condition for renewal of
a license * * *.
(iv) Meet other requirements as set forth by the board.
(d) Reinstatement. The board may reinstate an APRN license as set forth by rule of the board.
(3) Titles and abbreviations. (a) Only those who hold a license or privilege to practice advanced practice registered nursing in this state shall have the right to use the title "Advanced Practice Registered Nurse" and the roles of "Certified Registered Nurse Anesthetist," "Certified Registered Nurse Midwife," "Clinical Nurse Specialist" and "Certified Registered Nurse Practitioner," and the abbreviations "APRN," "CRNA," "CNM," "CNS," and "CNP," respectively.
(b) The abbreviation for the APRN designation of a certified registered nurse anesthetist, a certified registered nurse midwife, a clinical nurse specialist and a certified registered nurse practitioner will be APRN, plus the role title, i.e., CRNA, CNM, CNS and CNP.
(c) It shall be unlawful for any person to use the title "APRN" or "APRN" plus their respective role titles, the role title alone, authorized abbreviations or any other title that would lead a person to believe the individual is an APRN, unless permitted by this law.
( * * *4) Reinstatement. * * * APRNs
may reinstate a lapsed privilege to practice upon submitting documentation of a
current active license to practice professional nursing, a reinstatement
application and fee, a * * * collaborative/consultative agreement,
documentation of current certification as an advanced practice registered
nurse in * * * one (1) of the four (4) recognized roles by a
national certification organization recognized by the board and documentation
of * * *
not less than forty (40) hours of continuing education related to the
advanced practice registered nurse's area of certification and specialty, if
applicable, * * * within the previous two-year
period. The board shall adopt rules establishing the procedure for
reinstatement.
* * *
( * * *5) Practice requirements. The
advanced practice registered nurse shall practice:
(a) According to standards and guidelines of the National Certification Organization.
(b) In a
collaborative/consultative relationship with a licensed physician whose
practice is compatible with that of the * * * APRN. Certified
registered nurse anesthetists may collaborate/consult with licensed physicians
and dentists who hold unrestricted licensure. The * * * APRN must be
able to communicate reliably with a collaborating/consulting physician or
dentist while practicing.
* * *
( * * *c) Advanced practice registered nurses
practicing as nurse anesthetists must practice according to board-approved
practice guidelines that address pre-anesthesia preparation and evaluation;
anesthesia induction, maintenance, and emergence; post-anesthesia care; peri-anesthetic
and clinical support functions.
( * * *d) Advanced practice registered nurses
practicing in other specialty areas must practice according to a board-approved * * * specialty certification that
has been mutually agreed upon by the * * * advance practice
registered nurse in agreement with the collaborative/consultative relationship
with a Mississippi licensed physician or dentist whose practice or
prescriptive authority is not limited as a result of voluntary surrender or
legal/regulatory order.
( * * *e) Each collaborative/consultative
relationship shall include and implement a formal quality assurance/quality
improvement program which shall be maintained on site and shall be available
for inspection by representatives of the board. This quality assurance/quality
improvement program must be sufficient to provide a valid evaluation of the
practice and be a valid basis for change, if any.
* * *
(f) The advanced practice registered nurse shall notify the board immediately regarding changes in the collaborative/consultative relationship with a licensed physician or dentist.
( * * *6) Prescribing controlled
substances and medications. Certified registered nurse midwives * * *, certified registered nurse
anesthetists, certified registered nurse practitioners and clinical
nurse specialists may apply for controlled substance prescriptive authority
after completing a board-approved educational program. Certified registered
nurse midwives * * *,
certified registered nurse anesthetists, certified registered
nurse practitioners and clinical nurse specialists who
have completed the program and received prescription authority from the board and
obtained a valid DEA number may prescribe Schedules II-V. The words
"administer," "controlled substances" and "ultimate
user," shall have the same meaning as set forth in Section 41-29-105,
unless the context otherwise requires. The board shall * * * establish rules governing
prescribing of controlled substances * * * in accordance with
Section 41-29-101 et seq. Prescribing any controlled substance in
violation of the rules * * *
established by the board shall constitute a violation of Section 73-15-29(1) * * * and shall be grounds for
disciplinary action. The prescribing, administering or distributing of any
legend drug or other medication in violation of the rules * * * established by the board
shall constitute a violation of Section 73-15-29(1) * * * and shall be grounds for
disciplinary action.
SECTION 13. Section 73-15-21, Mississippi Code of 1972, is amended as follows:
73-15-21. (1) Licensed
practical nurse applicant qualifications. Any applicant for a license to
practice practical nursing as a licensed practical nurse shall submit * * *:
(a) Submit to the
board an attested written application on a board * * * form;
* * *
( * * *b) Submit to the board written
official evidence of completion of a practical nursing program approved by the * * * Mississippi Community College Board, or
one (1) approved by a legal accrediting agency of another state,
territory or possession of the United States, the District of Columbia, or a
foreign country which is satisfactory to this board;
( * * *c) Submit to the board evidence
of competence in English related to nursing, provided the first language is not
English;
* * *
* * * (d) Have successful clearance
for licensure through an investigation that shall consist of a determination as
to good moral character and verification that the prospective licensee is not
guilty of or in violation of any statutory ground for denial of licensure as
set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33.
To assist the board in conducting its licensure investigation, all applicants
shall undergo a fingerprint-based criminal history records check of the
Mississippi central criminal database and the Federal Bureau of Investigation
criminal history database. Each applicant shall submit a full set of his or
her fingerprints in a form and manner prescribed by the board, which shall be
forwarded to the Mississippi Department of Public Safety (department) and the
Federal Bureau of Investigation Identification Division for this purpose.
Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.
The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.
The board may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.
(e) Submit to the board any other official records required by the board.
(2) Licensure by
examination. (a) Upon the board being satisfied that an applicant for a
license as a practical nurse has met the qualifications set forth in subsection
(1) of this section, the board shall proceed to * * * give authorization for
examination. The subjects in which applicants shall be examined shall be
in conformity with curricula in schools of practical nursing approved by the * * * Mississippi
Community College Board.
(b) * * * The board shall authorize the
administration of the examination to applicants for licensure as LPNs.
(c) * * * An applicant applying for licensure by
examination must report any criminal conviction, nolo contendere plea,
Alford plea, deferred judgment, or other plea arrangements in lieu of conviction.
(d) The board may * * *
employ, contract and cooperate with any entity in the preparation and
process for determining results of a uniform licensure examination. When
such an examination is utilized, the board shall restrict access to questions
and answers.
(e) The board shall determine whether a licensure examination may be repeated, the frequency of reexamination and any requisite education before reexamination.
(3) Licensure by examination of internationally educated applicants. Requirements include:
(a) Graduation from a nursing program comparable to a board-approved pre-licensure RN or LPN program, whichever is applicable, and meet all other requirements.
(b) Submission by the applicant of credentials by a credentials review agency for the level of licensure being sought.
(c) Successful passage of an English proficiency examination that includes the components of reading, speaking, writing and listening, except for applicants from countries where English is the native language, and the nursing program where the applicant attended was taught in English, used English textbooks and clinical experiences were conducted in English.
(d) Disclosure of nursing licensure status in country of origin, if applicable.
(4) Licensure by equivalent amount of theory and clinical experience. In the discretion of the board, former students of a state-accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.
( * * *5) Licensure by endorsement.
The board may issue a license to practice practical nursing as a licensed
practical nurse without examination to an applicant who has been duly licensed
as a licensed practical nurse under the laws of another state, territory or
possession of the United States, the District of Columbia, or a foreign country
if, in the opinion of the board, the applicant meets the qualifications
required of licensed practical nurses in this state and has previously achieved
the passing score or scores on the licensing examination required by this state
at the time of his or her graduation. The issuance of a license by endorsement
to a military-trained applicant or military spouse shall be subject to the
provisions of Section 73-50-1.
* * *
(6) Fee. The
applicant applying for a license by examination or by endorsement to practice
as a licensed practical nurse shall pay a fee not to exceed * * * One Hundred Dollars
($100.00) to the board.
(7) Temporary permit.
(a) * * *
The board may issue a temporary permit for a period of ninety (90) days to a
licensed practical nurse who is currently licensed in another state, territory
or possession of the United States or the District of Columbia and who is an
applicant for licensure by endorsement. Such permit is not renewable except by
board action. The issuance of a temporary permit to a military-trained
applicant or military spouse shall be subject to the provisions of Section 73-50-1.
* * *
( * * *b) The board may issue a temporary
permit for a period of thirty (30) days to any licensed practical nurse during
the time enrolled in a nursing reorientation program. This time period may be
extended by board action. The fee shall not exceed Twenty-five Dollars
($25.00).
( * * *c) The board may adopt such
regulations as are necessary to limit the practice of persons to whom temporary
permits are issued.
(8) Title and abbreviation. Any person who holds a license or holds the privilege to practice as a licensed practical nurse in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "LPN" No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that a person using the same is a licensed practical nurse.
(9) Identification. The nurse shall wear identification that clearly identifies the nurse as an LPN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient.
( * * *10) Licensed practical nurses
licensed under a previous law. Any person holding a license to practice
nursing as a practical nurse issued by this board which is valid on July 1,
1981, shall thereafter be deemed to be licensed as a practical nurse under the
provisions of this article upon payment of the fee prescribed in Section 73-15-27.
( * * *11) Each application or filing made
under this section shall include the social security number(s) of the applicant
in accordance with Section 93-11-64.
SECTION 14. Section 73-15-22, Mississippi Code of 1972, is brought forward as follows:
73-15-22. The Nurse Licensure Compact is enacted into law and entered into by this state with any and all states legally joining in the compact in accordance with its terms, in the form substantially as follows:
NURSE LICENSURE COMPACT
ARTICLE I
Findings and Declaration of Purpose
(a) The party states find that:
(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's healthcare delivery system require greater coordination and cooperation among states in the area of nurse licensure and regulation;
(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.
(b) The general purposes of this Compact are to:
(1) Facilitate the states' responsibility to protect the public's health and safety;
(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;
(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;
(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
ARTICLE II
Definitions
As used in this Compact:
(a) "Adverse action" means a home or remote state action.
(b) "Alternative program" means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.
(c) "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensure boards.
(d) "Current significant investigative information" means:
(1) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
(e) "Home state" means the party state which is the nurse's primary state of residence.
(f) "Home state action" means any administrative, civil, equitable or criminal action permitted by the home state's laws which are imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license such as: revocation, suspension, probation or any other action which affects a nurse's authorization to practice.
(g) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
(h) "Multistate licensure privilege" means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as: revocation, suspension, probation or any other action which affects a nurse's authorization to practice.
(i) "Nurse" means a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws.
(j) "Party state" means any state that has adopted this Compact.
(k) "Remote state" means a party state, other than the home state,
(1) Where the patient is located at the time nursing care is provided, or,
(2) In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.
(l) "Remote state action" means:
(1) Any administrative, civil, equitable or criminal action permitted by a remote state's laws which are imposed on a nurse by the remote state's licensing board or other authority including actions against an individual's multistate licensure privilege to practice in the remote state, and
(2) Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.
(m) "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.
(n) "State practice laws" means those individual party's state laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
(a) A license to practice registered nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a registered nurse in such party state. A license to practice licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party state. In order to obtain or retain a license, an applicant must meet the home state's qualifications for licensure and license renewal as well as all other applicable state laws.
(b) Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege of any nurse to practice in their state and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(c) Every nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is rendered. In addition, the practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the courts, as well as the laws, in that party state.
(d) This Compact does not affect additional requirements imposed by states for advanced practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as a license to practice registered nursing if one is required by state law as a precondition for qualifying for advanced practice registered nurse authorization.
(e) Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under the laws of each party state. However, the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state.
ARTICLE IV
Applications for Licensure in a Party State
(a) Upon application for a license, the licensing board in a party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any restrictions on the multistate licensure privilege, and whether any other adverse action by any state has been taken against the license.
(b) A nurse in a party state shall hold licensure in only one (1) party state at a time, issued by the home state.
(c) A nurse who intends to change primary state of residence may apply for licensure in the new home state in advance of such change. However, new licenses will not be issued by a party state until after a nurse provides evidence of change in primary state of residence satisfactory to the new home state's licensing board.
(d) When a nurse changes primary state of residence by:
(1) Moving between two (2) party states, and obtains a license from the new home state, the license from the former home state is no longer valid;
(2) Moving from a nonparty state to a party state, and obtains a license from the new home state, the individual state license issued by the nonparty state is not affected and will remain in full force if so provided by the laws of the nonparty state;
(3) Moving from a party state to a nonparty state, the license issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.
ARTICLE V
Adverse Actions
In addition to the General Provisions described in Article III, the following provisions apply:
(a) The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.
(b) The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations. It shall also have the authority to take appropriate action(s), and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
(c) A remote state may take adverse action affecting the multistate licensure privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the license issued by the home state.
(d) For the purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.
(e) The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.
(f) Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of licensure action and that such participation shall remain nonpublic if required by the party state's laws. Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.
ARTICLE VI
Additional Authorities Invested in Party State
Nurse Licensing Boards
Notwithstanding any other powers, party state nurse licensing boards shall have the authority to:
(a) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;
(b) Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located;
(c) Issue cease and desist orders to limit or revoke a nurse's authority to practice in their state;
(d) Promulgate uniform rules and regulations as provided for in Article VIII(c).
ARTICLE VII
Coordinated Licensure Information System
(a) All party states shall participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) Notwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate licensure privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials, to the coordinated licensure information system.
(c) Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(d) Notwithstanding any other provision of law, all party states' licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(e) Any personally identifiable information obtained by a party state's licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(f) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(g) The Compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact.
ARTICLE VIII
Compact Administration and Interchange of Information
(a) The head of the nurse licensing board, or his/her designee, of each party state shall be the administrator of this Compact for his/her state.
(b) The Compact administrator of each party state shall furnish to the Compact administrator of each other party state any information and documents including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this Compact.
(c) Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this Compact. These uniform rules shall be adopted by party states, under the authority invested under Article VI(d).
ARTICLE IX
Immunity
No party state or the officers or employees or agents of a party state's nurse licensing board who acts in accordance with the provisions of this Compact shall be liable on account of any act or omission in good faith while engaged in the performance of their duties under this Compact. Good faith in this article shall not include willful misconduct, gross negligence or recklessness.
ARTICLE X
Entry into Force, Withdrawal and Amendment
(a) This Compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state. Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.
(b) No withdrawal shall affect the validity or applicability by the licensing boards of states remaining party to the Compact of any report of adverse action occurring prior to the withdrawal.
(c) Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.
(d) This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
ARTICLE XI
Construction and Severability
(a) This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
(b) In the event party states find a need for settling disputes arising under this Compact:
(1) The party states may submit the issues in dispute to an arbitration panel which will be comprised of an individual appointed by the Compact administrator in the home state; an individual appointed by the Compact administrator in the remote state(s) involved; and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.
(2) The decision of a majority of the arbitrators shall be final and binding.
SECTION 15. Section 73-15-23, Mississippi Code of 1972, is amended as follows:
73-15-23. (1) The term
"head of the nurse licensing board," as referred to in Article VIII
of the Nurse Licensure Compact as set forth in Section 73-15-22, shall
mean the executive director of the * * * board * * *.
(2) The Governor may
withdraw this state from the Nurse Licensure Compact if the board * * * notifies the Governor that a state
that is a party to the compact changed, after July 1, 2001, the state's requirements
for licensing a nurse and that the state's requirements, as changed, are
substantially lower than the requirements for licensing a nurse in this state.
(3) The effective date of the Nurse Licensure Compact shall be July 1, 2001.
SECTION 16. Section 73-15-25, Mississippi Code of 1972, which authorizes the State Department of Education through its Division of Vocational Education to contract with the Mississippi Community College Board to establish uniform standards for the accreditation of schools of practical nursing in this state, is repealed.
SECTION 17. Section 73-15-27, Mississippi Code of 1972, is amended as follows:
73-15-27. (1) The
license of every person licensed under the provisions of this article shall be
renewed biennially except as hereinafter provided in this section * * *.
( * * *2) Registered nurses:
( * * *a) Except as provided in Section 33-1-39,
the license to practice as a registered nurse shall be valid for two (2)
calendar years, beginning January 1 of each * * * odd-numbered year and expiring
December 31 in each even-numbered year of the biennial period and subject to
renewal for each period of two (2) years thereafter.
( * * *b) A * * * renewal of licensure announcement
will be * * *
made by the board on or before November 1 of the year the license
expires to every person to whom a license was issued or renewed during the
biennial period. An application shall be completed * * * online by
December 31 of that year with the biennial renewal fee to be set at the
discretion of the board, but not to exceed One Hundred Dollars ($100.00).
( * * *c) Upon receipt of the renewal
application and fee, the board shall verify the accuracy of the application and
issue * * * a renewal for the ensuing period of two (2)
years. Such renewal shall render the holder thereof the right to practice as a
registered nurse.
( * * *d) A registered nurse may request in
writing to the board that his or her license be placed on inactive status. The
board may grant such request and shall have authority, in its discretion, to
attach conditions to the licensure of such registered nurse while on inactive
status. A biennial renewal fee for inactive registered nurses shall be set at
the discretion of the board, not to exceed Fifty Dollars ($50.00).
( * * *e) Any registered nurse applying for * * *
reinstatement of a lapsed license * * * or change from inactive to active status may
be required to provide evidence of continuing basic nursing competencies when
such nurse has not practiced nursing for compensation or performed the function
of a registered nurse in a voluntary capacity with or without compensation
within the five-year period immediately * * * before such application for a
license, renewal, reinstatement or change of status.
( * * *f) Any registered nurse who permits
his or her license to lapse by failing to renew the license as provided above
may be reinstated by the board on satisfactory explanation for such failure to
renew his or her license, by compliance with all other applicable provisions of
this article, by completion of a reinstatement form, and upon payment of a
reinstatement fee not to exceed * * * Two Hundred
Fifty Dollars ($250.00), which shall not include the renewal fee for the
current biennial period. * * *Any registered nurse who permits his or her license to lapse shall be
notified by the board within fifteen (15) days of such lapse.
( * * *g) Any person practicing as a
registered nurse during the time his or her license has lapsed shall be
considered in violation of this article and shall be subject to the penalties
provided for violation of this article * * *.
( * * *3) Licensed practical nurses:
( * * *a) Except as provided in Section 33-1-39,
the license to practice as a licensed practical nurse shall be valid for two
(2) calendar years, beginning January 1 of each even-numbered year and expiring
December 31 in each * * *
odd-numbered year of the biennial period and subject to renewal for each
period of two (2) years thereafter.
( * * *b) A * * * renewal of licensure announcement
will be * * *
made by the board on or before November 1 of the year the license
expires to every person to whom a license was issued or renewed during the
biennial period. An application shall be completed * * * online by
December 31 of that year with the biennial renewal fee to be set at the
discretion of the board, but not to exceed One Hundred Dollars ($100.00).
( * * *c) Upon receipt of the renewal
application and fee, the board shall verify the accuracy of the application and
issue * * * a renewal for the ensuing period of two (2)
years. Such renewal shall render the holder thereof the right to practice as a
licensed practical nurse.
( * * *d) A licensed practical nurse may
request in writing to the board that his or her license be placed on inactive
status. The board may grant such request and shall have authority, in its
discretion, to attach conditions to the licensure of such licensed practical
nurse while on inactive status. A biennial renewal fee for inactive licensed
practical nurses shall be set at the discretion of the board, not to exceed
Fifty Dollars ($50.00).
( * * *e) Any licensed practical nurse
applying for a license, renewal of an active license, reinstatement of a lapsed
license, or change from inactive to active status may be required to provide
evidence of continuing basic nursing competencies when such nurse has not
practiced nursing for compensation or performed the function of a licensed
practical nurse in a voluntary capacity with or without compensation within the
five-year period immediately * * * before such application for a
license, renewal, reinstatement or change of status.
( * * *f) Any licensed practical nurse who
permits his or her license to lapse by failing to renew the license as provided
above may be reinstated by the board upon satisfactory explanation for such
failure to renew his or her license, by compliance with all other applicable
provisions of this article, by completion of a reinstatement form, and upon
payment of the reinstatement fee not to exceed * * * Two Hundred
Fifty Dollars ($250.00), which shall not include the renewal fee for the
current biennial period. * * *Any licensed practical nurse who permits his or her license to lapse
shall be notified by the board within fifteen (15) days of such lapse.
( * * *g) Any person practicing as a
licensed practical nurse during the time his or her license has lapsed shall be
considered * * * in violation of this article and shall be
subject to the penalties provided for violation of this article * * *.
SECTION 18. Section 73-15-29, Mississippi Code of 1972, is amended as follows:
73-15-29. (1) The board shall have power to revoke, suspend or refuse to renew any license issued by the board, or to revoke or suspend any privilege to practice, or to deny an application for a license, or to fine, place on probation and/or discipline a licensee, in any manner specified in this article, upon proof that such person:
(a) Has committed fraud or deceit in securing or attempting to secure such license;
(b) Has been convicted of felony, or a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or a crime involving moral turpitude, or a criminal conviction or adjudication in any jurisdiction including, but not limited to, being convicted of, pleading guilty to, entering a plea of nolo contendere or no contest to, or receiving a deferred judgment or suspended sentence (a certified copy of the judgment of the court of competent jurisdiction of such conviction or pleas shall be prima facie evidence of such conviction);
(c) Has negligently or willfully acted in a manner inconsistent with the health or safety of the persons under the licensee's care;
(d) Has had a license or privilege to practice as a registered nurse or a licensed practical nurse suspended or revoked in any jurisdiction, has voluntarily surrendered such license or privilege to practice in any jurisdiction, has been placed on probation as a registered nurse or licensed practical nurse in any jurisdiction or has been placed under a disciplinary order(s) in any manner as a registered nurse or licensed practical nurse in any jurisdiction, (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action);
(e) Has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice;
(f) Has negligently or willfully violated any order, rule or regulation of the board pertaining to nursing practice or licensure;
(g) Has falsified or in a repeatedly negligent manner made incorrect entries or failed to make essential entries on records;
(h) Is addicted to or dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, or has misappropriated any medication;
(i) Has a physical, mental or emotional condition that renders the licensee unable to perform nursing services or duties with reasonable skill and safety;
(j) Has engaged in any other conduct, whether of the same or of a different character from that specified in this article, that would constitute a crime as defined in Title 97 of the Mississippi Code of 1972, as now or hereafter amended, and that relates to such person's employment as a registered nurse or licensed practical nurse;
(k) Engages in conduct likely to deceive, defraud or harm the public;
(l) Engages in any unprofessional conduct as identified by the board in its rules;
(m) Has violated any provision of this article; or
(n) Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners. This paragraph shall stand repealed on July 1, 2016.
(2) When the board finds any person unqualified because of any of the grounds set forth in subsection (1) of this section, it may enter an order imposing one or more of the following penalties:
(a) Denying application for a license or other authorization to practice nursing or practical nursing;
(b) Administering a reprimand;
(c) Suspending or
restricting the license or other authorization to practice as a * * * nurse * * * ;
(d) Revoking the
license or other authorization to practice nursing * * *;
(e) Requiring the
disciplinee to submit to care, counseling or treatment by persons and/or
agencies approved or designated by the board as a condition for initial,
continued or renewed licensure or other authorization to practice nursing * * *;
(f) Requiring the disciplinee to participate in a program of education prescribed by the board as a condition for initial, continued or renewed licensure or other authorization to practice;
(g) Requiring the
disciplinee to practice under the supervision of a * * * licensed nurse for a
specified period of time; or
(h) Imposing a fine * * *.
(3) If the board determines that an applicant does not possess the qualifications required for licensure or that an accused has violated any of the provisions of this article, the board may refuse to issue a license to the applicant, or revoke, suspend, refuse to renew a license, or revoke or suspend the privilege to practice, or otherwise discipline the applicant as prescribed in this article.
(4) The board is authorized to summarily suspend the license of a nurse without a hearing if the board finds that there is probable cause to believe that the nurse has violated a statute or rule that the board is empowered to enforce and continued practice by the nurse would create imminent and serious risk of harm to public health, safety and welfare; or if the nurse fails to obtain a board-ordered evaluation.
( * * *5) In addition to the grounds
specified in subsection (1) of this section, the board shall be authorized to
suspend the license or privilege to practice of any licensee for being out of
compliance with an order for support, as defined in Section 93-11-153. The
procedure for suspension of a license or privilege to practice for being out of
compliance with an order for support, and the procedure for the reissuance or
reinstatement of a license or privilege to practice suspended for that purpose,
and the payment of any fees for the reissuance or reinstatement of a license or
privilege to practice suspended for that purpose, shall be governed by Section
93-11-157 or 93-11-163, as the case may be. If there is any conflict between
any provision of Section 93-11-157 or 93-11-163 and any provision of this
article, the provisions of Section 93-11-157 or 93-11-163, as the case may be,
shall control.
* * *
SECTION 19. Section 73-15-31, Mississippi Code of 1972, is amended as follows:
73-15-31. (1) Charges may
be brought * * * filed by the board * * * against any licensee who has
allegedly committed any act in violation of this article that is grounds for
disciplinary action. * * * The executive director
or designee of the board shall fix a time and place for a hearing and shall
cause a copy of the specific allegations and charges to be sent by certified
mail or served by personal service of process together with notice of the time
and place fixed for the hearing, to be served upon the accused at least fifteen
(15) days prior thereto. The accused may waive notice of the hearing in
writing and the board may grant the accused at least one (1) extension of time,
upon the request of the accused. When personal service of process or service
of process by certified mail cannot be effected, the executive director of the
board shall cause to be published once in each of three (3) successive weeks a
notice of the hearing in the newspapers published in the county in which the
accused last practiced according to the records of the board, or in the county
in which the accused last resided. When publication of the notice is
necessary, the date of the hearing shall not be less than ten (10) days after
the last date of the notice.
(2) The board, acting by
and through its executive director, shall have the power to subpoena persons
and compel the production of any records, * * * papers and other documents in connection with both its
investigations and hearings, which shall be served in accordance with law
for the board * * * and on behalf of the accused. * * * A
certified copy of any record inspected or copied in the course and scope of an
investigation by the board and with reasonable cause shown may be used as
evidence in the disciplinary proceeding. The board shall be entitled to the
assistance of the chancery court or the chancellor in vacation, which, on
petition by the board, shall issue ancillary subpoenas and petitions and may
punish as for contempt of court in the event of noncompliance with the
subpoenas or petitions.
(3) All records of the investigation and all patient charts, records, emergency room records or any other document that may have been copied shall be kept confidential and shall not be subject to discovery or subpoena. If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board shall destroy all records obtained pursuant to this section.
(4) At the hearings, * * * the licensee or
applicant shall have the right to appear either personally or by counsel,
or both, to produce witnesses or evidence * * * on his or her behalf, and to
cross-examine witnesses * * *, and to have subpoenas issued by the board.
(5) All disciplinary
hearings shall be conducted by a hearing panel consisting of three (3) members
of the board, * * * and
shall not be bound by strict rules of procedure or by the laws of evidence in
the conduct of its proceedings * * *. The board may adopt rules and
discovery and procedure governing all proceedings. A final decision * * * by the board * * * shall include findings of fact and
conclusions of law, separately stated, of which the accused shall receive a
copy.
* * *
(6) No previously issued
license to practice nursing * * *
shall be revoked or suspended until after a hearing conducted * * * under this article, except
where the board finds there is imminent danger to the public health or safety
that warrants injunctive relief provided in this article.
(7) Upon the execution
of an order by the board, either following a hearing or in lieu of a hearing,
the board, in addition to exercising its authority as granted and specified in
this article, and the disciplinary powers specified in 73-15-31, may assess the
licensee or applicant for reasonable costs expended by the board in the
investigation and conduct of a proceeding to enforce these rules against a
licensee or applicant, including, but not limited to, the cost of process
service, court reporters fees, witness fees, expert witnesses,
investigative costs and other related expenses. If a not guilty decision is
rendered by the board against a licensee or applicant, no administrative cost
shall be assessed. Monies collected by the board under this section shall be
deposited to the credit of a special fund operating account of the board to
reimburse the existing current year appropriated budget.
* * *
( * * *8) The licensee or applicant is
granted the right to appeal from the action of the hearing panel to the
full membership of the board in denying, revoking, suspending or refusing to
renew any license issued by the board, or revoking or suspending any privilege
to practice, or fining or otherwise disciplining any person practicing as a * * * nurse * * *. The
appeal must be taken within thirty (30) days after notice of the action of the
hearing panel in denying, revoking, suspending or refusing to renew the
license, or revoking or suspending the privilege to practice, or fining or
otherwise disciplining the person, and is perfected upon filing notice of
appeal and * * * Two Hundred Fifty Dollars ($250.00) with the
executive director of the board.
( * * *9) The licensee or applicant is
granted the right to appeal from the action of the board in affirming the
denial, revocation, suspension or refusal to renew any license issued by the
board, or revoking or suspending any privilege to practice, or fining or
otherwise disciplining of any person practicing as a * * * nurse * * *.
Such appeal shall be made to the chancery court of the county of the
residence of the licensee * * *on the record made, including a verbatim transcript of the testimony at
the hearing. The appeal must be taken within thirty (30) days after
notice of the action of the board in denying, revoking, suspending or refusing
to renew the license, or revoking or suspending the privilege to practice, or
fining or otherwise disciplining the person * * *, and * * * is perfected upon filing notice of
the appeal * * * and
Five Hundred Dollars ($500.00) with the executive director of the board.
* * *
( * * *10) Any member of the board and any
witness appearing in a hearing before the board shall be immune from * * * civil liability in any civil action * * * related to those proceedings.
* * *
SECTION 20. The following shall be codified as Section 73-15-32, Mississippi Code of 1972:
73-15-32. (1) Application for restoration of a revoked, surrendered or suspended nursing license may be made for a minimum of twelve (12) months from the effective date of revocation, surrender or suspension and shall be at the discretion of the board. The nurse whose license has been revoked, surrendered or suspended shall petition for restoration of licensure and demonstrate competency and fitness of duty to ensure safety to patients. Such petition shall be made in writing and on a form prescribed by the board. The procedure for the restoration of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(2) The petition shall be accompanied by five (5) supporting affidavits, the criteria of which are outlined in the administrative code of the board.
(3) The petition may be heard at the next regular meeting of the board, but not earlier than thirty (30) days after the petition was filed. No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which petitioner is on probation or parole. In all restoration proceedings, the petitioner has the burden of proof to show by clear and convincing evidence rehabilitation efforts, competency and ability to safely practice nursing.
(4) The board may investigate petitioner and consider all activities of the petitioner since disciplinary action was imposed. The investigation shall require petitioner to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database. Each petitioner shall submit a full set of petitioner's fingerprints in a form and manner as prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose. Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the petitioner's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983. Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with written consent of petitioner or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency. The board shall provide to the department the fingerprints of the petitioner, any additional information that may be required by the department, and a form signed by petitioner consenting to the check of criminal records and to use of fingerprints and other identifying information required by state or national repositories. The board shall charge and collect from petitioner, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on petitioner.
(5) The board may not consider incomplete applications. Applications for restoration of a revoked, surrendered or suspended license are incomplete until all the information required is provided under this section and the rules of the board.
(6) In considering restoration of a revoked, surrendered or suspended license, the board may evaluate factors that include, but are not limited to:
(a) Severity of the act(s) that resulted in revocation or suspension of license;
(b) Conduct of petitioner after the revocation or suspension of license;
(c) Compliance with all restoration requirements or orders by the board;
(d) Rehabilitation attained by petitioner as evidenced by information provided to the board;
(e) Violation by petitioner of any applicable statute or rule.
SECTION 21. Section 73-15-33, Mississippi Code of 1972, is amended as follows:
73-15-33. (1) It is unlawful for any person, including a corporation or association, to:
(a) Sell, fraudulently obtain or furnish any nursing diploma, license, renewal of license, or record, or to aid or abet therein;
(b) Practice nursing as defined by this article under cover of any diploma, license, renewal of license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;
(c) Practice or offer to practice nursing as defined by this article unless duly licensed or privileged to practice under the provisions of this article;
(d) Use any title,
designation or abbreviation by which a person * * * represents to the public that
he or she is a registered nurse, an advanced practice registered nurse,
a licensed practical nurse or any other type of nurse, unless the person is
duly licensed or privileged to practice under the provisions of this article;
however, this paragraph does not prohibit a certified nurse assistant or
certified nursing assistant from using the word "nurse" or
"nursing" as part of his or her job title;
(e) Practice as a
registered nurse, an advanced practice registered nurse, or a licensed
practical nurse * * * when his or her license * * * is suspended or
revoked;
(f) Conduct a nursing education program for the preparation of registered nurses, unless the program has been accredited by the Board of Trustees of State Institutions of Higher Learning, or conduct a nursing education program for the preparation of licensed practical nurses unless the program has been accredited by the Department of Education through the Division of Vocational Education;
(g) Willfully employ
unlicensed persons or persons not holding the privilege * * * to practice as registered nurses,
advanced practice registered nurses, or licensed practical nurses; or
(h) Willfully aid or abet any person who violates any provisions of this article.
(2) Any person, firm or corporation who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than twelve (12) months, or by both such fine and imprisonment. It shall be necessary to prove, in any prosecution under this article, only a single act prohibited by law, or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation. Each violation may constitute a separate offense. Except as otherwise authorized in Section 7-5-39, it shall be the duty of the Attorney General to advise with the board in preparing charges, to assist in conducting board disciplinary hearings, to provide assistance with appropriate affidavits and other charges for filing in the appropriate court, and to assist the county or district attorney in prosecution, if any.
SECTION 22. Section 73-15-35, Mississippi Code of 1972, is amended as follows:
73-15-35. The practice of
nursing as a registered nurse, the practice of nursing as an advanced
practice registered nurse, or the practice of nursing as a licensed
practical nurse by any person who has not been issued a license or who does not
hold the privilege to practice under the provisions of this article, or whose
license or privilege to practice has been suspended or revoked, or has expired
and not been reinstated, or has negligently or willfully practiced nursing in a
manner that fails to meet generally accepted standards of such nursing
practice, is declared to be a danger to the public health and welfare and shall
be enjoined through appropriate court action. In addition to and not in lieu
of any other civil, criminal or disciplinary remedy, the Attorney General, the
board * * *
or the prosecuting attorney of any county where a person is practicing or
purporting to practice as a registered nurse, as an advanced practice
registered nurse, or as a licensed practical nurse in violation of this
article may, in accordance with the laws of this state governing injunctions,
maintain an action to enjoin that person from practicing as a registered nurse,
an advanced practice registered nurse, or a licensed practical nurse * * *. The
court may issue a temporary injunction without notice or without bond enjoining
a defendant from further practicing as a registered nurse, an advanced
practice registered nurse, or a licensed practical nurse. If it is
established to the satisfaction of the court that the defendant has been or is
practicing as a registered nurse, an advanced practice registered nurse,
or a licensed practical nurse without being licensed or privileged to practice
and in good standing as provided * * * in this article, the court may
enter a decree perpetually enjoining the defendant from such further
activities, and a subsequent violation of which may be considered as contempt
of court by any court of competent jurisdiction. Such injunction and contempt
proceedings may be in addition to and not in lieu of any other penalties and
remedies provided by this article.
SECTION 23. Section 73-15-101, Mississippi Code of 1972, is amended as follows:
73-15-101. (1) A statewide
program for certification of certified clinical hemodialysis technicians
is created under the * * * board * * *.
(2) Unless certified as a certified clinical hemodialysis technician under this section, no person shall:
(a) Practice as a certified clinical hemodialysis technician; or
(b) Use the title "certified clinical hemodialysis technician," "hemodialysis technician," or other title, abbreviation, letters, figures, signs, or devices to indicate or imply that the person is a certified hemodialysis technician.
(3) The board * * * is authorized and empowered to:
(a) Maintain a permanent register of all certified clinical hemodialysis technicians;
(b) Adopt rules and regulations for certified hemodialysis technician training programs, including standards and curricula;
(c) Provide for periodic evaluation of training programs;
(d) Grant, deny or withdraw approval from a training program that fails to meet prescribed standards or fails to maintain a current contract with the board;
(e) Develop, maintain and administer a certification examination, or grant, deny or withdraw approval of a certification examination(s);
(f) Adopt rules and regulations for certification of hemodialysis technicians by examination, endorsement, renewal and reinstatement; however, the certification by endorsement of a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1; and
(g) Conduct disciplinary hearings of certified hemodialysis technicians concerning the restriction, denial, suspension, revocation and/or discipline of a certificate holder in any manner specified in rules and regulations of the board.
(4) Any applicant for
certification to practice as a certified clinical hemodialysis
technician shall * * *:
(a) Submit to the
board an attested written application on a board * * * form;
(b) Submit to the board a diploma from an approved high school or the equivalent thereof, as determined by the appropriate education agency;
(c) Submit to the
board written official evidence of completion of a hemodialysis technician
program approved by the board * * *;
(d) Submit to the board evidence of competence in English related to health care/nursing if the first language is not English;
(e) Submit to the
board written official evidence that the applicant has passed the
certification examination as approved by the board * * *; * * *
(f) * * * Have successful clearance for licensure through an
investigation that shall consist of a determination as to good moral character
and verification that the prospective certificate holder is not guilty of or in
violation of any statutory ground for denial of licensure for nurses as set
forth in Section 73-15-29, or guilty of any offense specified in Section 73-15-33,
or any offense specified in subsection (5) of this section. To assist the
board in conducting its licensure investigation, all applicants shall undergo a
fingerprint-based criminal history records check of the Mississippi central
criminal database and the Federal Bureau of Investigation criminal history database.
Each applicant shall submit a full set of his or her fingerprints in a form and
manner prescribed by the board, which shall be forwarded to the Mississippi
Department of Public Safety (department) and the Federal Bureau of
Investigation Identification Division for this purpose. Any and all state or
national criminal history records information obtained by the board that is not
already a matter of public record shall be deemed nonpublic and confidential
information restricted to the exclusive use of the board, its members,
officers, investigators, agents and attorneys in evaluating the applicant's
eligibility or disqualification for licensure, and shall be exempt from the
Mississippi Public Records Act of 1983. Except when introduced into evidence
in a hearing before the board to determine certification, no such information
or records related thereto shall, except with the written consent of the
applicant or by order of a court of competent jurisdiction, be released or
otherwise disclosed by the board to any other person or agency. The board
shall provide to the department the fingerprints of the applicant, any
additional information that may be required by the department, and a form
signed by the applicant consenting to the check of the criminal records and to
the use of the fingerprints and other identifying information required by the
state or national repositories. The board shall charge and collect from the
applicant, in addition to all other applicable fees and costs, such amount as
may be incurred by the board in requesting and obtaining state and national
criminal history records information on the applicant. The board may, in its
discretion, refuse to accept the application of any person who has been convicted
of a criminal offense under any provision of Title 97 of the Mississippi Code
of 1972, as now or hereafter amended, or any provision of this article.
(g) Submit to the board any other official records required by the board.
(5) The board * * * may, in its discretion, refuse to
accept the application of any person who has been convicted of a criminal
offense under any provision of Title 97 of the Mississippi Code of 1972, or any
offense listed in Section 43-11-13(5), or any sex offense included in Section
45-33-23(h), as now or hereafter amended.
( * * *6) Every certificate issued by the
board * * *
to practice as a certified clinical hemodialysis technician shall be
renewed every two (2) years. The certified clinical hemodialysis
technician seeking renewal shall submit proof of employment as a certified clinical
hemodialysis technician, proof of having met continuing education requirements
adopted by the board * * * and any other official records required by the board * * *.
( * * *7) The board * * * shall establish nonrefundable fees
necessary for the administration of this section, including, but not limited
to, fees for initial certification by initial or later examination, renewal of
certification, reinstatement of a lapsed certificate, endorsement, initial
review and approval of a training program, and later review and approval of a
training program.
SECTION 24. This act shall take effect and be in force from and after July 1, 2015.
