STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 792	By:	Lamb

AS INTRODUCED

An Act relating to professions and occupations; amending 59 O.S. 2001, Section 567.3a, which relates to the Oklahoma Nursing Practice Act; modifying definitions; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     59 O.S. 2001, Section 567.3a, is amended to read as follows:
Section 567.3a  As used in the Oklahoma Nursing Practice Act:
1.  "Board" means the Oklahoma Board of Nursing;
2.  "The practice of nursing" means the performance of services provided for purposes of nursing diagnosis and treatment of human responses to actual or potential health problems consistent with educational preparation.  Knowledge and skill are the basis for assessment, analysis, planning, intervention, and evaluation used in the promotion and maintenance of health and nursing management of illness, injury, infirmity, restoration or optimal function, or death with dignity.  Practice is based on understanding the human condition across the human lifespan and understanding the relationship of the individual within the environment.  This practice includes execution of the medical regime including the administration of medications and treatments prescribed by any person authorized by state law to so prescribe;
3.  "Registered nursing" means the practice of the full scope of nursing which includes, but is not limited to:
a.	assessing the health status of individuals, families and groups,
b.	analyzing assessment data to determine nursing care needs,
c.	establishing goals to meet identified health care needs,
d.	planning a strategy of care,
e.	establishing priorities of nursing intervention to implement the strategy of care,
f.	implementing the strategy of care,
g.	delegating such tasks as may safely be performed by others, consistent with educational preparation and that do not conflict with the provisions of the Oklahoma Nursing Practice Act,
h.	providing safe and effective nursing care rendered directly or indirectly,
i.	evaluating responses to interventions,
j.	teaching the principles and practice of nursing,
k.	managing and supervising the practice of nursing,
l.	collaborating with other health professionals in the management of health care,
m.	performing additional nursing functions in accordance with knowledge and skills acquired beyond basic nursing preparation, and
n.	delegating those nursing tasks as defined in the rules of the Board that may be performed by an advanced unlicensed assistive person;
4.  "Licensed practical nursing" means the practice of nursing under the supervision or direction of a registered nurse, licensed physician or dentist.  This directed scope of nursing practice includes, but is not limited to:
a.	contributing to the assessment of the health status of individuals and groups,
b.	participating in the development and modification of the plan of care,
c.	implementing the appropriate aspects of the plan of care,
d.	delegating such tasks as may safely be performed by others, consistent with educational preparation and that do not conflict with the Oklahoma Nursing Practice Act,
e.	providing safe and effective nursing care rendered directly or indirectly,
f.	participating in the evaluation of responses to interventions,
g.	teaching basic nursing skills and related principles,
h.	performing additional nursing procedures in accordance with knowledge and skills acquired through education beyond nursing preparation, and
i.	delegating those nursing tasks as defined in the rules of the Board that may be performed by an advanced unlicensed assistive person;
5.  "Advanced practice nurse" means a licensed registered nurse who:
a.	has successfully completed a formal program of study approved by the Board which is designed to prepare registered nurses to perform in an expanded role in the delivery of health care,
b.	is nationally certified by an appropriate certifying body, recognized by the Board, and
c.	has received a certificate of recognition from the Board.
The term "advanced practice nurse" shall include advanced registered nurse practitioners, clinical nurse specialists, nurse- midwives and certified registered nurse anesthetists.
A registered nurse who has completed educational requirements as an advanced practice nurse and has registered for a Board-approved national certifying exam may apply for temporary recognition pending certification.  Temporary recognition shall not exceed one (1) year from the date of graduation.  The registered nurse with temporary recognition to practice as an advanced practice nurse shall use the designation “graduate registered nurse practitioner”, “graduate registered nurse anesthetist”, “graduate clinical nurse specialist”, or “graduate nurse-midwife”.
Temporary recognition shall expire when advanced practice status is granted or one hundred twenty (120) days following the test date, whichever comes first.  If the temporary recognition certification holder fails to be certified, temporary recognition shall expire upon receipt of the test results.  Temporary recognition shall not be renewable.
The registered nurse with temporary recognition to practice as an advanced practice nurse shall not be eligible to apply for prescriptive authority;
6.  "Advanced registered nurse practitioner" means a licensed registered nurse who has met the requirements of paragraph 5 of this section.  The advanced registered nurse practitioner performs in an expanded role in the delivery of health care that is:
a.	consistent with advanced educational preparation as an advanced practice nurse in an area of specialty,
b.	functions within the advanced registered nurse practitioner scope of practice denoted for the area of specialization, and
c.	is in accord with the standards for advanced practice nurses as identified by the certifying body and approved by the Board.
An advanced registered nurse practitioner in accordance with the scope of practice of the advanced registered nurse practitioner shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section and subject to the medical direction of a supervising physician.  This authorization shall not include dispensing drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
The advanced registered nurse practitioner accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the advanced registered nurse practitioner.
Any person who is recognized by the Board as an advanced registered nurse practitioner and wishes to practice as an advanced registered nurse practitioner in this state shall have the right to use the title "Advanced Registered Nurse Practitioner" and to the abbreviation "ARNP".  No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is an advanced registered nurse practitioner;
7.	a.	"Clinical nurse specialist" means a licensed registered nurse who holds:
(1)	a master's degree in nursing with clinical specialization preparation to function in an expanded role,
(2)	specialty certification from a national certifying organization recognized by the Board,
(3)	a certificate of recognition from the Board, and
(4)	any nurse holding a specialty certification as a clinical nurse specialist valid on January 1, 1994, granted by a national certifying organization recognized by the Board, shall be deemed to be a clinical nurse specialist under the provisions of the Oklahoma Nursing Practice Act.
b.	In the expanded role, the clinical nurse specialist performs at an advanced practice level which shall include, but not be limited to:
(1)	practicing as an expert clinician in the provision of direct nursing care to a selected population of patients or clients in any setting, including private practice,
(2)	managing the care of patients or clients with complex nursing problems,
(3)	enhancing patient or client care by integrating the competencies of clinical practice, education, consultation, and research, and
(4)	referring patients or clients to other services.
c.	A clinical nurse specialist in accordance with the scope of practice of such clinical nurse specialist shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section, and subject to the medical direction of a supervising physician.  This authorization shall not include dispensing drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
d.	The clinical nurse specialist accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the clinical nurse specialist.
e.	Any person who is recognized by the Board as a clinical nurse specialist shall have the right to use the title "Clinical Nurse Specialist" and abbreviation "CNS".  No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a clinical nurse specialist;
8.  "Nurse-midwife" means a qualified registered nurse who has received a certificate of recognition from the Oklahoma Board of Nursing who possesses evidence of certification according to the requirements of the American College of Nurse-Midwives, and has the right to use the title "Certified Nurse-Midwife" and the abbreviation "CNM".  No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a certified nurse-midwife.
A certified nurse-midwife in accordance with the scope of practice of such certified nurse-midwife shall be eligible to obtain recognition as authorized by the Board to prescribe, as defined by the rules promulgated by the Board pursuant to this section and subject to the medical direction of a supervising physician.  This authorization shall not include the dispensing of drugs, but shall not preclude, subject to federal regulations, the receipt of, the signing for, or the dispensing of professional samples to patients.
The certified nurse-midwife accepts responsibility, accountability, and obligation to practice in accordance with usual and customary advanced practice nursing standards and functions as defined by the scope of practice/role definition statements for the certified nurse-midwife;
9.  "Nurse-midwifery practice" means providing management of care of normal newborns and women, antepartally, intrapartally, postpartally and gynecologically, occurring within a health care system which provides for medical consultation, medical management or referral, and is in accord with the standards for nurse-midwifery practice as defined by the American College of Nurse-Midwives;
10.	a.	"Certified registered nurse anesthetist" means any person who holds a license to practice as a registered nurse in this state and who:
(1)	has successfully completed the educational program of a school of nurse anesthetists accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs,
(2)	is certified by the Council on Certification of Nurse Anesthetists as a Certified Registered Nurse Anesthetist within one (1) year following completion of such educational program, and continues to maintain such recertification by the Council on Recertification of Nurse Anesthetists, and
(3)	administers anesthesia under the supervision of a medical doctor, an osteopathic physician, a podiatric physician or a dentist licensed in this state and under conditions in which timely onsite consultation by such doctor, osteopath, podiatric physician or dentist is available, and
(4)	has received a certificate of recognition from the Board.
b.	A certified registered nurse anesthetist, under the supervision of a medical doctor, osteopathic physician, podiatric physician or dentist licensed in this state, and under conditions in which timely, on-site consultation by such medical doctor, osteopathic physician, podiatric physician or dentist is available, shall be authorized, pursuant to rules adopted by the Oklahoma Board of Nursing, to order, select, obtain and or administer legend drugs, Schedules II through V controlled substances, devices, and medical gases only when engaged in the preanesthetic preparation and evaluation; anesthesia induction, maintenance and emergence; and postanesthesia care.  A certified registered nurse anesthetist may order, select, obtain and administer drugs only during the perioperative or periobstetrical period, which includes preanesthetic preparation and evaluation, anesthesia induction, maintenance and emergence, and postanesthesia care.
c.	A certified registered nurse anesthetist who applies for authorization to order, select, obtain and or administer drugs shall:
(1)	be currently recognized as a certified registered nurse anesthetist in this state,
(2)	provide evidence of completion, within the two-year period immediately preceding the date of application, of a minimum of fifteen (15) units of continuing education in advanced pharmacology related to the administration of anesthesia as recognized by the Council on Recertification of Nurse Anesthetists or the Council on Certification of Nurse Anesthetists,
(3)	provide evidence of professional liability insurance coverage, and
(4)	complete and submit a notarized application, on a form prescribed by the Board, accompanied by the application fee established pursuant to this section.
d.	The authority to order, select, obtain and or administer drugs shall be terminated if a certified registered nurse anesthetist has:
(1)	ordered, selected, obtained or administered drugs outside of the certified registered nurse anesthetist scope of practice or ordered, selected, obtained or administered drugs for other than therapeutic purposes, or
(2)	violated any provision of state laws or rules or federal laws or regulations pertaining to the practice of nursing or the authority to order, select, obtain and or administer drugs.
e.	The Oklahoma Board of Nursing shall notify the Board of Pharmacy within two (2) working days after termination of or a change in the authority to order, select, obtain and or administer drugs for a certified registered nurse anesthetist.
f.	The Board shall provide by rule for biennial application renewal and reauthorization of authority to order, select, obtain and or administer drugs for certified registered nurse anesthetists.  At the time of application renewal, a certified registered nurse anesthetist shall submit documentation of a minimum of eight (8) units of continuing education, completed during the previous two (2) years, in advanced pharmacology relating to the administration of anesthesia, as recognized by the Council on Recertification of Nurse Anesthetists or the Council on Certification of Nurse Anesthetists.
g.	Any person who is recognized by the Board as a certified registered nurse anesthetist shall have the right to use both the title "Certified Registered Nurse Anesthetist" and the abbreviation "CRNA".  No other person shall assume such title or use such abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a certified registered nurse anesthetist.
h.	This paragraph shall not prohibit the administration of local or topical anesthetics as now permitted by law.  Provided further, nothing in this paragraph shall limit the authority of the Board of Dentistry to establish the qualifications for dentists who direct the administration of anesthesia;
11.  "Supervising physician" means an individual holding a current license to practice as a physician from the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners, who supervises an advanced registered nurse practitioner, a clinical nurse specialist, or a certified nurse-midwife, and who is not in training as an intern, resident, or fellow.  To be eligible to supervise such advanced practice nurse, such physician shall remain in compliance with the rules promulgated by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners;
12.  "Supervision of an advanced practice nurse with prescriptive authority" means overseeing and accepting responsibility for the ordering and transmission by an advanced registered nurse practitioner, a clinical nurse specialist, or a certified nurse-midwife of written, telephonic, electronic or oral prescriptions for drugs and other medical supplies, subject to a defined formulary; and
13.  "Advanced unlicensed assistive person" means any person who has successfully completed a certified training program developed by a working committee composed of representatives of the following entities:
a.	State Department of Health,
b.	Oklahoma State Regents for Higher Education,
c.	Oklahoma Department of Career and Technology Education,
d.	Oklahoma Board of Nursing,
e.	Oklahoma Hospital Association,
f.	Oklahoma Nurses Association,
g.	The Nursing Home Association of Oklahoma,
h.	Oklahoma State Association of Licensed Practical Nurses, and
i.	Oklahoma Home Care Association.
The working committee shall also develop a list of the functions that an advanced unlicensed assistive person shall be able to perform upon completion of the certification training program.  The working committee shall submit the certification training program and list of functions to the Oklahoma Board of Nursing for review and approval.  The Board shall promulgate rules to enact the provisions of this paragraph.
Any person who has successfully completed the certification training program provided for in this paragraph shall be certified by the Board as an advanced unlicensed assistive person and as such shall be qualified to assist a licensed nurse in providing patient or client care as defined in rules promulgated by the Board.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

52-1-917	JM	1/14/2009 3:23:38 PM