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HOUSE BILL NO. 445

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H0445........................................................by MR. SPEAKER
                      Requested by: Board of Nursing
NURSING PRACTICES ACT - Amends, adds to and repeals existing law regarding
the Idaho Nursing Practices Act to provide definitions, to provide
membership and powers of the Board of Nursing, to provide for
qualifications for a license for advanced practice professional nursing, to
provide qualifications and fees and to provide unlawful conduct.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Health/Wel

Bill Text

H0445

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 445

                                      BY MR. SPEAKER
                              Requested by: Board of Nursing

 1                                        AN ACT
 2    RELATING TO THE IDAHO NURSING PRACTICE ACT; AMENDING  SECTION  54-1402,  IDAHO
 3        CODE,  TO  PROVIDE DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING
 4        SECTION 54-1403, IDAHO CODE, TO PROVIDE MEMBERSHIP OF THE BOARD OF NURSING
 5        AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1404,  IDAHO  CODE,
 6        TO PROVIDE POWERS OF THE BOARD OF NURSING; AMENDING SECTION 54-1407, IDAHO
 7        CODE,   TO  MAKE  TECHNICAL  CORRECTIONS  AND  TO REDESIGNATE THE SECTION;
 8        AMENDING SECTION 54-1408, IDAHO CODE,  TO MAKE TECHNICAL  CORRECTIONS  AND
 9        TO  REDESIGNATE THE SECTION; AMENDING CHAPTER 14, TITLE 54, IDAHO CODE, BY
10        THE ADDITION OF A NEW SECTION 54-1409, IDAHO CODE, TO PROVIDE FOR LICENSES
11        FOR ADVANCED PRACTICE PROFESSIONAL NURSING AND TO  PROVIDE  QUALIFICATIONS
12        AND FEES; AMENDING SECTION 54-1409, IDAHO CODE, TO REDESIGNATE THE SECTION
13        AND  TO  MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1410, IDAHO CODE,
14        TO REDESIGNATE THE SECTION; AMENDING SECTION 54-1411, IDAHO CODE, TO  MAKE
15        A  TECHNICAL  CORRECTION  AND TO REDESIGNATE THE SECTION; AMENDING SECTION
16        54-1412, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS AND TO REDESIGNATE  THE
17        SECTION;  AMENDING  SECTION  54-1413, IDAHO CODE, TO PROVIDE UNLAWFUL CON-
18        DUCT, TO REDESIGNATE THE SECTION AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
19        ING SECTION 54-1414, IDAHO CODE, TO  MAKE  TECHNICAL  CORRECTIONS  AND  TO
20        REDESIGNATE THE SECTION; AND REPEALING SECTION 54-1415, IDAHO CODE.

21    Be It Enacted by the Legislature of the State of Idaho:

22        SECTION  1.  That  Section 54-1402, Idaho Code, be, and the same is hereby
23    amended to read as follows:

24        54-1402.  DEFINITIONS. As used in this act:
25         (1) "Advanced practice  professional  nurse"  means  a  professional
26    nurse  licensed in this state who has gained additional specialized knowledge,
27    skills and experience through a nationally  accredited  program  of  study  as
28    defined  herein  and is authorized to perform advanced nursing practice, which
29    may include the  prescribing,  administering  and  dispensing  of  therapeutic
30    pharmacologic  agents, as defined by board rules. An advanced practice profes-
31    sional nurse shall perform only those acts as provided herein  and  for  which
32    the  individual  is  educationally  prepared.  Advanced  practice professional
33    nurses shall include certified  nurse-midwives,  clinical  nurse  specialists,
34    nurse practitioners, and registered nurse anesthetists as defined in this sub-
35    section. 
36          (a)  "Certified  nurse-midwife" means a licensed professional nurse
37        who has graduated from a nationally  accredited  nurse-midwifery  program,
38        passed  a  qualifying examination recognized by the board, and has current
39        initial certification or current recertification from a national organiza-
40        tion recognized by the board.  Certified  nurse-midwives  who  meet  these
41        qualifying  requirements and are licensed by the board, may manage women's
42        health care, which may include pharmacologic and  nonpharmacologic  thera-
43        peutic  and  corrective measures which focus on pregnancy, childbirth, the


                                          2

 1        postpartum period, care of the  newborn,  reproductive  and  gynecological
 2        needs  of  well women as defined by the rules of the board.  The certified
 3        nurse-midwife shall provide  for medical consultation, collaborative  man-
 4        agement or referral as indicated by the health status of the client.
 5        (b)  "Clinical  nurse  specialist" means a licensed professional nurse who
 6        has graduated from a nationally accredited  graduate  program  in  nursing
 7        with  a  clinical focus, passed a qualifying examination recognized by the
 8        board, and has current initial certification  or  current  recertification
 9        from a national group recognized by the board.  Clinical nurse specialists
10        who  meet  these qualifying requirements and are licensed by the board may
11        practice as expert clinicians in a particular specialty or subspecialty of
12        nursing practice.  The clinical nurse specialist  provides  direct  client
13        care,  which  may include assessing, diagnosing, planning, and prescribing
14        pharmacologic and nonpharmacologic therapeutic  and  corrective  measures,
15        health promotion and preventive care within this specialized area of prac-
16        tice,  as  defined  by  rules of the board.  The clinical nurse specialist
17        shall provide  for  medical  consultation,  collaborative  management,  or
18        referral as indicated by the health status of the client.
19        (c)  "Nurse  practitioner"  means  a  licensed  professional nurse who has
20        graduated from a nationally accredited nurse practitioner program,  passed
21        a  qualifying examination recognized by the board, and has current initial
22        certification or current recertification from a national group  recognized
23        by  the board. Any person authorized by the board to practice nursing as a
24        nurse practitioner in this state as of July 1, 1998, shall be licensed  as
25        a  nurse practitioner under the provisions of this act and shall be eligi-
26        ble for renewal of such license under the conditions  and  standards  pre-
27        scribed  in  this  act.   Nurse  practitioners  who  meet these qualifying
28        requirements and are licensed  by  the  board  may  perform  comprehensive
29        health  assessments, diagnosis, health promotion and the direct management
30        of acute and chronic illness and disease which may include the prescribing
31        of pharmacologic and nonpharmacologic treatments as defined  by  rules  of
32        the board.  The nurse practitioner shall provide for medical consultation,
33        collaborative management, or referral as indicated by the health status of
34        the client.
35        (d)  "Registered  nurse  anesthetist"  means a licensed professional nurse
36        who has graduated from a nationally accredited nurse  anesthesia  program,
37        passed  a  qualifying examination recognized by the board and, has current
38        initial certification or current recertification  from  a  national  group
39        recognized  by  the  board.  Registered  nurse anesthetists who meet these
40        qualifying requirements and are licensed by the board, may, in  collabora-
41        tion  with  a  physician,  dentist or podiatrist authorized to practice in
42        Idaho, provide anesthesia care services as defined by  the  rules  of  the
43        board.  The  scope  of  practice  for  registered nurse anesthetists shall
44        incorporate acts identified in board rules, including selecting,  ordering
45        and  administering  medications  appropriate for rendering anesthesia care
46        services. 
47        ( a  2 )  "Board" means the board of nursing.
48         (3)  "Licensed practical nurse" means a person who practices nursing
49    by:
50        (a)  Functioning at  the  direction  of  a  licensed  professional  nurse,
51        licensed physician, or licensed dentist;
52        (b)  Contributing  to  the  assessment of the health status of individuals
53        and groups of individuals;
54        (c)  Participating in the development and modification of the strategy  of
55        care;


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 1        (d)  Implementing  the  appropriate  aspects  of  the  strategy of care as
 2        defined by the board, including administering medications  and  treatments
 3        as prescribed by those health care providers authorized to prescribe medi-
 4        cation;
 5        (e)  Maintaining  safe  and  effective  nursing  care rendered directly or
 6        indirectly;
 7        (f)  Participating in the evaluation of responses to interventions; and
 8        (g)  Delegating nursing interventions that may be performed by others  and
 9        that do not conflict with this act.
10        (4)  "Licensed  professional  nurse"  means a person who practices nursing
11    by:
12        (a)  Assessing the health status of individuals and groups of individuals;
13        (b)  Identifying health care problems that are amenable to nursing  inter-
14        vention;
15        (c)  Establishing goals to meet identified health care needs;
16        (d)  Planning a strategy of care;
17        (e)  Prescribing nursing interventions to implement the strategy of care;
18        (f)  Implementing   the   strategy   of   care,   including  administering
19        medications and treatments as prescribed by those  health  care  providers
20        authorized to prescribe medication;
21        (g)  Authorizing nursing interventions that may be performed by others and
22        that do not conflict with this act;
23        (h)  Maintaining  safe  and  effective  nursing  care rendered directly or
24        indirectly;
25        (i)  Evaluating responses to interventions;
26        (j)  Teaching the theory and practice of nursing;
27        (k)  Managing the practice of nursing; and
28        (l)  Collaborating with other health professionals in  the  management  of
29        health care.
30        (5)  "Nursing education program" means a course of instruction offered and
31    conducted  to  prepare persons for the practice of nursing, or to increase the
32    knowledge and skills of the practicing nurse. 
33        ( b  6  )  "Practice  of  nursing"  means  assisting
34    individuals  or  groups of individuals to promote, maintain or restore optimal
35    health throughout the life process by assessing and  evaluating  their  health
36    status,  planning  and  implementing  a strategy of care to accomplish defined
37    goals, and evaluating responses to care and treatment.
38         (1)  "Licensed professional nurse"  means  a  person  who  practices
39        nursing by:
40             a.  Assessing the health status of individuals and groups of individ-
41             uals;
42             b.  Identifying  health  care  problems  that are amenable to nursing
43             intervention;
44             c.  Establishing goals to meet identified health care needs;
45             d.  Planning a strategy of care;
46             e.  Prescribing nursing interventions to implement  the  strategy  of
47             care;
48             f.  Implementing   the  strategy  of  care,  including  administering
49             medications  and  treatments  as  prescribed  by  those  health  care
50             providers authorized to prescribe medication;
51             g.  Authorizing nursing interventions that may be performed by others
52             and that do not conflict with this act;
53             h.  Maintaining safe and effective nursing care rendered directly  or
54             indirectly;
55             i.  Evaluating responses to interventions;


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 1             j.  Teaching the theory and practice of nursing;
 2             k.  Managing the practice of nursing; and
 3             l.  Collaborating  with  other health professionals in the management
 4             of health care.
 5        (2)  "Licensed practical nurse" means a person who practices nursing by:
 6             a.  Functioning at the direction of a  licensed  professional  nurse,
 7             licensed physician, or licensed dentist;
 8             b.  Contributing  to the assessment of the health status of individu-
 9             als and groups of individuals;
10             c.  Participating in the development and modification of the strategy
11             of care;
12             d.  Implementing the appropriate aspects of the strategy of  care  as
13             defined  by the board, including administering medications and treat-
14             ments as prescribed by those health care providers authorized to pre-
15             scribe medication;
16             e.  Maintaining safe and effective nursing care rendered directly  or
17             indirectly;
18             f.  Participating  in  the  evaluation of responses to interventions;
19             and
20             g.  Delegating nursing interventions that may be performed by  others
21             and that do not conflict with this act.
22        (c)  "Nursing education program" means a course of instruction offered and
23    conducted  to  prepare persons for the practice of nursing, or to increase the
24    knowledge and skills of the practicing nurse.
25        (d)  "Nurse practitioner" means a licensed professional nurse having  spe-
26    cialized skill, knowledge and experience  authorized, by rules jointly promul-
27    gated  by the Idaho state board of medicine and the Idaho board of nursing and
28    implemented by the Idaho board of nursing, to perform designated acts of medi-
29    cal diagnosis, prescription of medical therapeutic and corrective measures and
30    delivery of medications. 
31         (e)  "Registered nurse anesthetist" means  a  licensed  professional
32    nurse who has graduated from a nationally accredited nurse anesthesia program,
33    passed  a qualifying examination recognized by the Idaho board of nursing and,
34    has current initial certification or current  active  recertification  from  a
35    national  group  recognized by the board of nursing. Registered nurse anesthe-
36    tists who meet these qualifying requirements and are registered by the  board,
37    may,  in  collaboration  with a physician, dentist or podiatrist authorized to
38    practice in Idaho, provide anesthesia care services as defined  by  the  rules
39    promulgated  by  the  board  of  nursing. The scope of practice for registered
40    nurse anesthetists shall incorporate  acts  identified  in  board  of  nursing
41    rules,  including selecting, ordering and administering medications, appropri-
42    ate for rendering anesthesia care services. 

43        SECTION 2.  That Section 54-1403, Idaho Code, be, and the same  is  hereby
44    amended to read as follows:

45        54-1403.  BOARD  OF  NURSING.  ( a  1 ) Appointment,
46    Removal and Term of Office.  There is hereby created within the department  of
47    self-governing  agencies  the board of nursing for the state of Idaho composed
48    of seven (7) members appointed by the governor. Membership of the board  shall
49    consist of  the following:
50        (a)      four    Three  ( 4  3
51        ) persons  who are  licensed   pursuant  to  section
52        54-1408, Idaho Code,  to practice professional nursing in Idaho
53        ,  ; 


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 1          (b)  One  (1)  person  who is licensed pursuant to section 54-1409,
 2        Idaho Code, to practice advanced practice professional nursing  in  Idaho;
 3        
 4         (c)    t  T wo (2) persons  who are
 5          licensed   pursuant to section 54-1407, Idaho Code,  to
 6        practice practical nursing in Idaho ;  and
 7         (d)    o  O ne (1) person who is  a  lay
 8        person to health care occupations.
 9    In  making  appointments  to  the  board,  consideration shall be given to the
10    board's responsibility in areas of education  and  practice.  Members  of  the
11    board  of  nursing  and  of the advisory council for licensed practical nurses
12    holding office under prior law on the effective date of this act  shall  serve
13    as  members  of  the board created herein until expiration of their respective
14    terms and, as those terms expire or become vacant, the governor shall  appoint
15    such  other  persons as will constitute a complete board as herein prescribed.
16    Upon expiration of any term or creation of any vacancy, the board shall notify
17    the governor thereof, who then  shall  make  such  appointment  or  fill  such
18    vacancy  within  sixty (60) days. Appointments shall be for terms of three (3)
19    years except appointments to vacancies which shall be for the  unexpired  term
20    being  filled.  No  member shall be appointed for more than two (2) terms. The
21    governor may remove any member from the board for neglect of any duty required
22    by law or for incompetency or unprofessional or dishonorable conduct.
23        ( b  2 )  Qualifications of members.  No  person  is
24    qualified  for  appointment  hereunder  unless that person is a citizen of the
25    United States and a resident of the state of Idaho.  Members  required  to  be
26    licensed  hereunder shall not be qualified for appointment to the board unless
27    actively engaged in some field of nursing in Idaho at the time of appointment.
28    No person is qualified for appointment as the lay member of the board  if  the
29    person  or  his  spouse  is licensed in any health occupation; is an employee,
30    officer or agent of or has any financial interest in any health care facility,
31    institution, or association or any insurance company authorized to  underwrite
32    health  care  insurance; or is engaged in the governance and administration of
33    any health care facility, institution or association.
34        ( c  3 )  Conduct of business.  The board shall meet
35    at such times as required to conduct the business of the board and shall annu-
36    ally elect from its members a chairman, vice chairman and such other  officers
37    as  may  be desirable. Four (4) members shall constitute a quorum and the vote
38    of a majority of members present at a meeting  wherein  a  quorum  is  present
39    shall  determine  the  action  of the board. Each member of the board shall be
40    compensated as provided by section 59-509(g), Idaho Code.

41        SECTION 3.  That Section 54-1404, Idaho Code, be, and the same  is  hereby
42    amended to read as follows:

43        54-1404.  BOARD  OF NURSING -- POWERS AND DUTIES. The board shall have all
44    powers and duties necessary and incident  to  regulation  of  nursing  and  to
45    enforcement of this act, including but not limited to, the power and duty:
46        (1)    t  T o license qualified persons for practice
47    of nursing in Idaho; to renew licenses; to limit, restrict, amend, deny,  sus-
48    pend or revoke licenses; and to accept the voluntary surrender of a license;
49        (2)    t   T o establish standards, criteria, condi-
50    tions and requirements for licensure and to investigate and  determine  eligi-
51    bility  and  qualifications  for licensure, and to administer examinations for
52    licensure;
53        (3)   t  T o  establish  standards  of  conduct  and


                                          6

 1    practice and to regulate the use of titles, abbreviations and designations for
 2    the practice of nursing;
 3        (4)    t    T  o  establish standards, criteria, and
 4    requirements for curricula for nursing education  programs  and  to  evaluate,
 5    survey,  review  and  approve nursing education programs subject to the provi-
 6    sions of section 54-1406, Idaho Code;
 7        (5)   t  T o evaluate continuing competency of  per-
 8    sons  licensed  pursuant  to  this  act  and  to develop  standards which will
 9    advance the competency of licensees in accordance with  developing  scientific
10    understanding and methods relating to the practice of nursing;
11        (6)   t  T o receive and collect license and renewal
12    fees  assessed  pursuant  to this act and to assess, receive and collect addi-
13    tional reasonable fees for  approval of nurse practitioners,  
14    the  administration of examinations, investigations and  evaluations  of
15    applicants,  issuance  of  temporary licenses, duplication and verification of
16    records, surveying and evaluating nursing education programs, and  administra-
17    tive fines not to exceed one hundred dollars ($100) for each count or separate
18    offense  of  practicing  nursing without current licensure, to be deposited in
19    the state board of nursing account in the manner provided by this act;
20        (7)   t  T o employ personnel necessary to  adminis-
21    ter this act and rules promulgated pursuant to this act and perform such other
22    duties  as  the  board may require.  Such personnel shall include an executive
23    director, who shall be currently licensed to practice professional nursing  in
24    Idaho and who shall not be a member of the board;
25        (8)   t  T o maintain a record of board proceedings,
26    annually  report  to  the governor and maintain a public register of names and
27    addresses of licensed nurses;
28        (9)   t  T o make, adopt and publish rules  pursuant
29    to  chapter  52,  title  67, Idaho Code, as may be necessary or appropriate to
30    carry out the provisions and purposes of this act.

31        SECTION 4.  That Section 54-1407, Idaho Code, be, and the same  is  hereby
32    amended to read as follows:

33        54-140  7    8  .  LICENSE FOR PROFESSIONAL NURSING.
34    ( a  1 ) Qualifications. To qualify  for  a  license  to
35    practice professional nursing, a person must:
36        (  1   a )   h  H ave success-
37        fully completed the basic    professional    curriculum  of  an
38        approved  professional  nursing education program; and
39        (  2  b )   p  P ass an exami-
40        nation adopted and used by the board to  measure  knowledge  and  judgment
41        essential for safe practice of professional nursing or have a professional
42        or registered nurse license in good standing, without restriction or limi-
43        tation, issued upon successful similar examination, approved by the board,
44        conducted in another state, territory or foreign country; and
45        (  3    c )   b  B e of suffi-
46        ciently sound physical and mental health as will not impair  or  interfere
47        with the ability to practice nursing.
48        ( b  2 )  Fees. A qualified applicant shall be enti-
49    tled  to  a license to practice professional nursing upon payment of a license
50    fee to the board in an amount designated by the board not less than forty-five
51    dollars ($45.00) nor more than ninety dollars ($90.00).

52        SECTION 5.  That Section 54-1408, Idaho Code, be, and the same  is  hereby


                                          7

 1    amended to read as follows:

 2        54-140 8  7 .  LICENSE FOR PRACTICAL NURSING. (
 3    a    1 ) Qualifications. To qualify for a license to practice
 4    practical nursing a person must:
 5        ( 1  a )   h  H  ave  success-
 6        fully  completed  the  basic  curriculum  of an approved eleven (11) month
 7        practical nursing education program or its equivalent; and
 8        ( 2  b )   p  P ass an  exami-
 9        nation  adopted  and  used  by the board to measure knowledge and judgment
10        essential for safe practice of practical nursing or have a practical nurs-
11        ing license in good standing, without restriction  or  limitation,  issued
12        upon  successful  similar examination, approved by the board, conducted in
13        another state, territory or foreign    county      country
14        ; and
15        (  3    c )   b  B e of suffi-
16        ciently sound physical and mental health as will not impair  or  interfere
17        with the ability to practice nursing.
18        ( b  2 )  Fees. A qualified applicant shall be enti-
19    tled  to a license to practice practical nursing upon payment of a license fee
20    to the board in an amount designated by the board not less than forty  dollars
21    ($40.00) nor more than eighty-five dollars ($85.00).

22        SECTION  6.  That  Chapter  14,  Title 54, Idaho Code, be, and the same is
23    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
24    known and designated as Section 54-1409, Idaho Code, and to read as follows:

25        54-1409.  LICENSE FOR ADVANCED PRACTICE PROFESSIONAL NURSING. (1) Qualifi-
26    cations.  To  qualify for a license to practice advanced practice professional
27    nursing, a person must:
28        (a)  Be currently licensed as a professional nurse in Idaho; and
29        (b)  Have successfully completed an  approved  advanced  practice  profes-
30        sional nursing education program that meets the board requirements for the
31        category  of  advanced nursing practice for which the applicant is seeking
32        licensure; and
33        (c)  Have passed a qualifying examination recognized by the board and have
34        current initial certification or current recertification from  a  national
35        group recognized by the board; and
36        (d)  Be  of  sufficiently  sound  physical  and  mental health as will not
37        impair or interfere with the ability to practice nursing.
38        (2)  Fees. A qualified applicant shall be entitled to a license  to  prac-
39    tice  advanced  practice professional nursing upon payment of a license fee to
40    the board in an amount designated by the board not less than  forty-five  dol-
41    lars ($45.00) nor more than ninety dollars ($90.00).

42        SECTION  7.  That  Section 54-1409, Idaho Code, be, and the same is hereby
43    amended to read as follows:

44        54-14 09  10 .  TEMPORARY LICENSE.  (1)  
45    The board may issue temporary licenses to:
46        (  1    a )   g  G raduates of
47        approved nursing education programs seeking to qualify  for  licensure  by
48        this act; or
49        (  2    b  )   p  P ersons who
50        have not actively engaged in the practice of nursing in any state for more


                                          8

 1        than three (3) years immediately prior to application for licensure.
 2         (2)   Temporary licenses shall be issued upon such  terms  and
 3    conditions  as  the board may determine necessary to insure safe and qualified
 4    performance of nursing functions.  The board  shall  define  the  nature,  the
 5    scope and period of practice permissible under the temporary license.

 6        SECTION  8.  That  Section 54-1410, Idaho Code, be, and the same is hereby
 7    amended to read as follows:

 8        54-141 0  1  .  RENEWAL  OF  LICENSE.  Each  license
 9    issued  pursuant  to  this act shall be valid from the date of its issue until
10    the first renewal date thereafter.  No license shall be valid  unless  renewed
11    each  and  every  two  (2) years on the renewal dates fixed by the board.  The
12    board may impose a renewal fee in an amount not less than twenty-five  dollars
13    ($25.00) nor more than fifty dollars ($50.00).

14        SECTION  9.  That  Section 54-1411, Idaho Code, be, and the same is hereby
15    amended to read as follows:

16        54-141 1  2 .  EXCEPTIONS TO  LICENSE  REQUIREMENTS.
17    This  act shall not be construed to require licensure or to prohibit the prac-
18    tice of nursing by persons assisting in an  emergency,  students  enrolled  in
19    approved  nursing  education  programs performing functions incident to formal
20    instruction, nurses licensed  by  another  state,  territory  or  country  and
21    employed  by  the United States government performing official duties, persons
22    rendering nursing services or care of the sick when done  in  connection  with
23    the  practice  of the religious tenets of any church by adherents thereof, and
24    by such other persons as may be exempt from licensure by rules  and regu-
25    lations  of the board. Nothing shall be construed as prohibiting the use
26    of medical attendants by the department  of  correction  at  its  correctional
27    institutions.

28        SECTION  10.  That Section 54-1412, Idaho Code, be, and the same is hereby
29    amended to read as follows:

30        54-141  2    3  .  DISCIPLINARY  ACTION.  (   a
31      1  ) Grounds for discipline. The board shall have the power
32    to deny any application for or renewal of license, to revoke, suspend or amend
33    any license issued pursuant to this act and to limit or restrict the  practice
34    of any licensee, upon a determination by the board that the person:
35        ( 1  a )   m  M ade, or caused
36        to  be  made, a false, fraudulent or forged statement or representation in
37        procuring or attempting to procure a license to practice nursing; or
38        ( 2  b )   p  P racticed nurs-
39        ing under a false or assumed name; or
40        ( 3  c )   i  I s convicted of
41        a felony or of any offense involving moral turpitude; or
42        ( 4  d )   i  I s or has  been
43        grossly negligent or reckless in performing nursing functions; or
44        ( 5  e )   h  H abitually uses
45        alcoholic beverages or narcotic, hypnotic or hallucinogenic drugs; or
46        (  6   f )   i  I s physically
47        or mentally unfit to practice nursing; or
48        ( 7  g )   v   V  iolates  the
49        provisions of this act or rules  and regulations  and standards


                                          9

 1        of conduct and practice as may be adopted by the board; or
 2        (  8    h  )    o   O therwise
 3        engages in conduct of a character likely to deceive, defraud  or  endanger
 4        patients or the public; or
 5        (  9    i  )    h   H as had a
 6        license to practice nursing suspended or revoked in  any  jurisdiction.  A
 7        certified  copy  of  the  order of suspension or revocation shall be prima
 8        facie evidence of such suspension or revocation.
 9        ( b  2 )   (a)   Proceedings. The  execu-
10        tive director shall conduct such investigations and initiate such proceed-
11        ings  as  necessary  to insure compliance with this section. The board may
12        accept the voluntary surrender of a license from any nurse under  investi-
13        gation  and accordingly enter an order revoking or suspending such license
14        and/or imposing such conditions, limitations, or restrictions on the prac-
15        tice of any such nurse as may be appropriate  in  the  discretion  of  the
16        board.  Otherwise,  every person subject to disciplinary proceedings shall
17        be afforded an opportunity for hearing after reasonable notice.  All  pro-
18        ceedings hereunder shall be in accordance with chapter 52, title 67, Idaho
19        Code.
20          (b)    Hearings shall be conducted by the board or by persons
21        appointed by the board to conduct hearings and receive evidence. The board
22        and any person duly appointed by the board to conduct hearings shall  have
23        all  powers as are necessary and incident to orderly and effective receipt
24        of evidence including, but not limited to, the power to administer  oaths,
25        and to compel by subpoena attendance of witnesses and production of books,
26        records  and  things at the hearing or at a deposition taken by a party in
27        accordance with the Idaho rules of civil procedure.  Any  party  shall  be
28        entitled to the use of subpoena upon application therefor.
29          (c)   In the event any person fails to comply with a subpoena
30        personally served upon him or refuses to testify to any  matter  regarding
31        which  he  may be lawfully interrogated, the board shall petition the dis-
32        trict court in the county where such failure or refusal occurred or  where
33        such  person  resides,  to enforce such subpoena or compel such testimony.
34        Proceedings before the district court shall be for contempt  in  the  same
35        nature as contempt of court for failure or refusal to comply with an order
36        of the court and the court shall have the same powers to secure compliance
37        with subpoena and testimony or to impose penalties as in contempt of court
38        proceedings.
39        (  c  3 )  Probation/Subsequent review. Any order of
40    the board entered under this section may be withheld or suspended for a proba-
41    tionary period to be fixed by the board upon such terms and conditions as  may
42    be  appropriate in order to regulate, monitor and/or supervise the practice of
43    nursing by the licensee subject to such order for the prescribed  probationary
44    period.  Any  order  of the board entered under this section may be withdrawn,
45    reversed, modified or amended upon a showing by  the  person  subject  to  the
46    order  that the grounds for discipline no longer exist or that he is rehabili-
47    tated, qualified and competent to practice nursing and that he is  not  likely
48    to violate this act or rules  and regulations  adopted hereunder in
49    the  future.  The board may, as a condition to withdrawal, reversal, modifica-
50    tion or amendment of the order, require the person to pay all or part  of  the
51    costs incurred by the board in proceedings upon which the order was entered.

52        SECTION  11.  That Section 54-1413, Idaho Code, be, and the same is hereby
53    amended to read as follows:


                                          10

 1        54-141 3  4 .  UNLAWFUL CONDUCT -- PENALTIES. (
 2    a  1 ) It shall be  unlawful  for  any  person,  corporation,
 3    association or other legal entity to:
 4        (  1   a )  Practice nursing in this state without a
 5        current license unless exempt from licensure by this act; or
 6        ( 2  b  )  Falsify  or  forge  any  application  for
 7        licensure,  license,  renewal of license or certification required by this
 8        act; or
 9        ( 3  c )  Falsely represent by use of  any  designa-
10        tion, title, or statement, that he is licensed pursuant to this act; or
11        (  4  d )  Falsely represent, by use of any designa-
12        tion, title or statement, that a school or course is approved pursuant  to
13        this act; or
14        (  5    e  )  Employ  unlicensed persons to practice
15        nursing in this state unless the person is exempt from licensure  by  this
16        act;  or 
17        (  6    f  )  Aid, assist or encourage any person to
18        violate this act ; or  . 
19         (7)  Fail to report semiannually upon request, the names of  profes-
20        sional and practical nurses employed. 
21        (  b    2  )  Any person violating the provisions of
22    this section shall be guilty of a misdemeanor and shall be punishable by  fine
23    not  to  exceed  three hundred dollars ($300) or by imprisonment not to exceed
24    six (6) months or both such fine and imprisonment.

25        SECTION 12.  That Section 54-1414, Idaho Code, be, and the same is  hereby
26    amended to read as follows:

27        54-141 4  5 .  EXISTING LICENSES. Any person holding
28    a  license  to  practice  nursing  in  this state on the date this act becomes
29    effective shall be recognized as licensed hereunder and shall  be  subject  to
30    all  provisions  of  this  act.  The rules  and regulations  of the
31    board in effect at the time of enactment of this act, and the  fees  fixed  by
32    the  statute  repealed by this act shall remain in full force and effect until
33    the board has adopted supplemental rules  and regulations  pursuant
34    to this act.

35        SECTION 13.  That Section 54-1415, Idaho Code, be, and the same is  hereby
36    repealed.

Statement of Purpose / Fiscal Impact

    STATEMENT OF PURPOSE 
    RS07388C2
    
    
    The purpose of this legislation is to define and regulate the advanced practice of 
    professional nursing. This bill defines an "advanced practice professional nurse" and 
    further defines three of the four categories of advanced practice nursing: clinical nurse 
    specialist, certified nurse midwife and nurse practitioner. The fourth category of advanced 
    practice professional nursing, registered nurse anesthetist, is presently defined in the 
    Nursing Practice Act. This bill also renumbers several sections for ease of reference.
    
    FISCAL IMPACT
    None to the General Fund. Any costs to be offset by appropriate licensing fees.
    
    
    CONTACT
    Name: Sandra Evans, Executive Director
    Agency: Board of Nursing
    Phone: 334-311 0
    Statement of Purpose/Fiscal Impact
    
    H 445