TITLE
17
PROFESSIONS, OCCUPATIONS, AND BUSINESSES
SUBTITLE 3. MEDICAL PROFESSIONS
CHAPTER 87 - NURSES
17-87-101. License required Purpose.
(a)
In order to safeguard life and health, any person practicing
or offering to practice nursing for compensation shall
be required to submit evidence that he or she is qualified
to so practice and shall be licensed as provided in this
chapter:
(1)
Professional nursing;
(2)
Advanced practice nursing;
(3)
Registered practitioner nursing;
(4)
Practical nursing; or
(5)
Psychiatric technician nursing.
(b)
It shall be unlawful for any person not licensed by the
board:
(1)
To practice or offer to practice professional nursing,
advanced practice nursing, registered practitioner nursing,
practical nursing or psychiatric technician nursing; or
(2)
To use any sign, card, or device to indicate that the
person is a professional registered nurse, an advanced
practice nurse, a registered nurse practitioner, a licensed
practical nurse, or a licensed psychiatric technician
nurse.
17-87-102. Definitions.
As used
in this chapter:
(1)
"Board" means the Arkansas State Board of Nursing;
(2)
"Practice of professional nursing" means the
performance for compensation of any acts involving:
(A)
The observation, care, and counsel of the ill, injured,
or infirm;
(B)
The maintenance of health or prevention of illness of
others;
(C)
The supervision and teaching of other personnel;
(D)
The delegation of certain nursing practices to other personnel
as set forth in regulations established by the board;
or
(E)
The administration of medications and treatments as prescribed
by an advanced practice nurse holding a certificate of
prescriptive authority, a licensed physician or licensed
dentist, where such acts require substantial specialized
judgment and skill based on knowledge and application
of the principles of biological, physical, and social
sciences.
(3)
"Practice of advanced practice nursing" means
the delivery of health care services for compensation
by professional nurses who have gained additional knowledge
and skills through successful completion of an organized
program of nursing education that certifies nurses for
advanced practice roles as advanced nurse practitioners,
certified nurse anesthetists, certified nurse midwives
and clinical nurse specialists.
(A)
"Practice of advanced nurse practitioner nursing"
means the performance for compensation of nursing skills
by a registered nurse who, as demonstrated by national
certification, has advanced knowledge and practice skills
in the delivery of nursing services.
(B)
"Practice of certified registered nurse anesthesia
means the performance for compensation of advanced nursing
skills relevant to the administration of anesthetics under
the supervision of, but not necessarily in the presence
of, a licensed physician, licensed dentist, or other person
lawfully entitled to order anesthesia. A certified registered
nurse anesthetist may order nurses, within their scope
of practice, to administer drugs preoperatively and postoperatively
in connection with an anesthetic and/or other operative
or invasive procedure that will be or has been provided.
(C)
"Practice of nurse midwifery" means the performance
for compensation of nursing skills relevant to the manage-
ment of women's health care, focusing on pregnancy, childbirth,
the post-partum period, care of the newborn, family planning
and gynecological needs of women, within a health care
system that provides for consul- tation, collaborative
management, or referral as indicated by the health status
of the client.
(D)
"Practice of clinical nurse specialist nursing"
means the performance for compensation of nursing skills
by a registered nurse who, through study and supervised
practice at the graduate level and as evidenced by national
certification, has advanced knowledge and practice skills
in a specialized area of nursing practice;
(4)
"Practice of registered nurse practitioner nursing"
means the delivery of health care services for compensation
in collaboration with and under the direction of a licensed
physician or under the direction of protocols developed
with a licensed physician. Registered nurse practitioners
shall be authorized to engage in activities as recognized
by the nursing profession and as authorized by the board.
Nothing in this subdivision is to be deemed to limit a
registered nurse practitioner from engaging in those activities
which normally constitute the practice of nursing, or
those which may be performed by persons without the necessity
of the license to practice medicine;
(5)
"Practice of practical nursing" means the performance
for compensation of acts involving the care of the ill,
injured, or infirm or the delegation of certain nursing
practices to other personnel as set forth in regulations
established by the board under the direction of a registered
professional nurse, an advanced practice nurse, a licensed
physician or a licensed dentist, which acts do not require
the substantial specialized skill, judgment, and knowledge
required in professional nursing;
(6)
"Practice of psychiatric technician nursing"
means the performance for compensation of acts involving
the care of the physically and mentally ill, retarded,
injured, or infirm or the delegation of certain nursing
practices to other personnel as set forth in regulations
established by the board and the carrying out of medical
orders under the direction of a registered professional
nurse, an advanced practice nurse, a licensed physician
or a licensed dentist, where such activities do not require
the substantial specialized skill, judgment, and knowledge
required in professional nursing;
(7)
"Consulting physician" means a physician licensed
under the Arkansas Medical Practices Act, 17-93-201 et
seq., with obstetrical privileges in a hospital, who has
agreed to practice in consultation with a certified nurse
midwife, and
(8)
"Collaborative practice agreement" means a written
plan that identifies a physician who agrees to collaborate
with an advanced practice nurse in the joint management
of the health care of the advanced practice nurse's patients,
and outlines procedures for consultation with or referral
to the collaborating physician or other health care professionals
as indicated by a patient's health care needs.
17-87-103. Exceptions.
This
chapter does not prohibit:
(1)
The furnishing of nursing assistance in an emergency;
(2)
The practice of nursing which is incidental to their program
of study by students enrolled in nursing education programs
approved by the board;
(3)
The practice of 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, in installations
where jurisdiction has been ceded by the State of Arkansas;
(4)
The practice of any legally qualified and licensed nurse
of another state, territory, or foreign country, whose
responsibilities include transporting patients into, out
of, or through this state, while actively engaged in patient
transport, that does not exceed forty-eight (48) hours
in this state;
(5)
Nursing or care of the sick, when done in connection with
the practice of the religious tenets of any church by
adherents thereof;
(6)
The care of the sick, when done in accordance with the
practice of religious principles or tenets of any well-recognized
church or denomination which relies upon prayer or spiritual
means of healing;
(7)
The administration of anesthetics under the supervision
of, but not necessarily in the presence of, a licensed
physician, dentist or other person lawfully entitled to
order anesthesia, by a graduate nurse anesthetist awaiting
certification results while holding a temporary permit;
(8)
The administration of anesthetics under the supervision,
but not necessarily in the presence of, a licensed physician,
dentist or other person lawfully entitled to order anesthesia,
by a registered nurse who is enrolled as a bona fide student
pursuing a course in a nurse anesthesia school which is
approved by a nationally recognized accrediting body and
whose graduates are acceptable for certification by a
nationally recognized certifying body, provided the giving
or administering of the anesthetics is confined to the
educational requirements of the course and under the direct
supervision of a qualified instructor;
(9)
Hospital employed professional paramedics from administering
medication for diagnostic procedures under the direction
of a physician;
(10)
The prescription and administration of drugs, medicines
or therapeutic devices in the presence of and under the
supervision of an advanced practice nurse holding a certificate
of prescriptive authority, a licensed physi-cian, or licensed
dentist by a registered nurse who is enrolled as a student
in an advanced pharmacology course, provided the prescription
or administration of drugs or medicines, or both, is confined
to the educational requirements of the course and under
the direct supervision of a qualified instructor.
17-87-104. Penalty.
(a)(1)
It shall be a misdemeanor for any person to:
(A)
Sell or fraudulently obtain or furnish any nursing diploma,
license, renewal, or record, or aid or abet therein;
(B)
Practice nursing as defined by this chapter under cover
of any diploma, license, or record illegally or fraudulently
obtained or signed or issued unlawfully or under fraudulent
representation;
(C)
Practice professional nursing, advanced practice nursing,
registered nurse practitioner nursing, practical nursing,
or psychiatric techni-cian nursing as defined by this
chapter unless licensed by the board to do so;
(D)
Use in connection with his or her name any of the following
titles, names or initials, if the user is not properly
licensed under this chapter:
(i)
Nurse;
(ii)
Registered nurse or R.N.;
(iii)
Advanced practice nurse or A.P.N, or any of the following;
(a)
Advanced registered nurse practitioner, A.R.N.P or A.N.P;
(b)
Nurse anesthetist, certified nurse anesthetist, certified
registered nurse anesthetist or C.R.N.A.;
(c)
Nurse midwife, certified nurse midwife, licensed nurse
midwife, C.N.M. or L.N.M.; or
(d)
Clinical nurse specialist or C.N.S.
(iv)
Registered nurse practitioner, N.P. or R.N.P;
(v)
Licensed practical nurse, practical nurse or L.P.N.;
(vi)
Licensed psychiatric technician nurse, psychiatric technician
nurse, L.P.T.N., or P.T.N;
(vii)
Any other name, title, or initials that would cause a
reasonable person to believe the user is licensed under
this chapter; (E) Practice professional nursing, advanced
practice nursing, registered nurse practitioner nursing,
practical nursing, or psychiatric technician nursing during
the time his or her license shall be suspended;
(F)
Conduct a nursing education program for the preparation
of professional nurses, advanced practice nurses, nurse
practitioners, practical nurses, or psychiatric technician
nurses unless the program has been approved by the board;
(G)
Prescribe any drug or medicine as authorized by this chapter
unless certified by the board as having prescriptive authority
except that a certified registered nurse anesthetist shall
not be required to have prescriptive authority to provide
anesthesia care, including the administration of drugs
or medicines necessary for the care; or
(H)
Otherwise violate any provisions of this chapter.
(2)
Such misdemeanor shall be punishable by a fine of not
less than twenty-five dollars ($25.00) nor more than five
hundred dollars ($500). Each subsequent offense shall
be punishable by fine or by imprisonment of not more than
thirty (30) days, or by both fine and imprisonment.
(b)(1)
The board may, after providing notice and a hearing, levy
civil penalties, in an amount not to exceed one thousand
dollars ($1000) for each violation against those individuals
or entities found to be in violation of this chapter or
regulations promulgated thereunder.
(2)
Each day of violation shall be a separate offense.
(3)
These penalties shall be in addition to other penalties
which may be imposed by the board pursuant to this chapter.
(4)
Unless the penalty assessed under this subsection is paid
within fifteen (15) calendar days following the date for
an appeal from the order, the board shall have the power
to file suit in the Circuit Court of Pulaski County to
obtain a judgment for the amount of penalty not paid.
17-87-105. Injunction.
(a)
The Chancery Court of Pulaski County is vested with jurisdiction
and power to enjoin the unlawful practice of nursing in
any county of the State of Arkansas in a proceeding by
the board or by any member thereof or by any citizen in
this state.
(b)
The issuance of any injunction shall not relieve a person
from criminal prosecution for violation of the provisions
of this chapter. The remedy of injunction is to be in
addition to liability for criminal prosecution.
17-87-106. Construction of chapter.
Nothing
in this chapter relating to the practice of advanced practice
nursing shall be construed to limit or alter the scope
of practice of any registered nurse practitioner or any
other licensed nurse.
17-87-201. Creation Members.
(a)
There is created the Arkansas State Board of Nursing to
be composed of fifteen (15) members to be appointed by
the Governor for terms of four (4) years, subject to confirmation
by the Senate.
(b)
(1) Six (6) members shall be registered nurses whose highest
level of educational preparation shall be as follows:
(A)
two (2) diploma school graduates;
(B)
two (2) associate degree graduates; and
(C)
two (2) baccalaureate degree or post-baccalaureate degree
graduates.
(2)
Each registered nurse member of the board shall have the
following qualifications:
(A)
Be an Arkansas resident;
(B)
Have at least five (5) years' successful experience as
a registered nurse in nursing practice, administration,
or teaching;
(C)
Be licensed in Arkansas as a registered nurse; and
(D)
Have been employed as a registered nurse for at least
three (3) years immediately preceding appointment, two
(2) of which shall have been in Arkansas.
(c)
(1) One (1) member shall be a licensed advanced practice
nurse.
(2)
The licensed advanced practice nurse board member shall
have the following qualifications:
(A)
Be an Arkansas resident;
(B)
Have at least five (5) years' experience as an advanced
practice nurse;
(C)
Be licensed in Arkansas as an advanced practice nurse;
(D)
Have been actively engaged in nursing for at least three
(3) years immediately preceding appointment, two (2) of
which shall have been in Arkansas; and
(E)
Have a certificate granting prescriptive authority.
(d)
(1) Three (3) members shall be licensed practical nurses.
(2)
Each licensed practical nurse board member shall have
the following qualifications:
(A)
Be an Arkansas resident;
(B)
Have at least five (5) years' successful experience as
a practical nurse or as a teacher in an educational program
to prepare practitioners of nursing;
(C)
Be licensed in Arkansas as a licensed practical nurse;
and
(D)
Have been employed as a licensed practical nurse for at
least three (3) years immediately preceding appointment,
two (2) of which shall have been in Arkansas.
(e)
(1) Three (3) members shall be licensed psychiatric technician
nurses.
(2)
Each licensed psychiatric technician nurse board member
shall have the following qualifications:
(A)
Be an Arkansas resident;
(B)
Have at least five (5) years' successful experience as
a psychiatric technician nurse or as a teacher in an educational
program to prepare persons for licensure as a licensed
psychiatric technician nurse;
(C)
Be licensed in Arkansas as a licensed psychiatric technician
nurse; and
(D)
Have been actively engaged in nursing as a licensed psychiatric
technician nurse for at least three (3) years immediately
preceding appointment, two (2) of which shall have been
in Arkansas.
(f)
One (1) member shall be a lay person representing consumers
of health care services.
(g)
One (1) member of the board shall not be actively engaged
in or retired from the profession of nursing, shall be
sixty (60) years of age or older, and shall be the representative
of the elderly. This member shall be appointed from the
state at large, subject to confirmation by the Senate,
and shall be a full voting member but shall not participate
in the grading of examinations.
(h)
The consumer representative and the representative of
the elderly positions may not be filled by the same person.
(i)
No member shall be appointed to more than two consecutive
terms.
(j)
Board members may receive expense reimbursement and stipends
in accordance with 25-16-901 et. seq.
17-87-202. Organization and proceedings.
(a)
(1) It shall be the duty of the board to meet regularly
at least once every six (6) months for the purpose of
conducting its business.
(2)
Special meetings of the board may be called at any time
at the pleasure of the president or by the secretary on
the request of any three (3) members of the board.
(3)
Nine (9) members shall constitute a quorum at any meeting
of the board.
(4)
The board shall determine by its own rules the time and
manner of giving notice of meetings to its members.
(5)
The giving of an examination for licensure shall not be
considered as a meeting of the board.
(b)
The secretary of the board shall keep a record of the
minutes of the meetings of the board, together with a
record of the action of the board thereon. The records
shall at all reasonable times be open for public inspection.
(c)
The board shall maintain an office for the administration
of its business. The board shall annually elect a president,
vice president, secretary, and treasurer from among its
members. The president of the board shall be a registered
nurse.
(d)
The executive director of the board shall be a registered
nurse and meet the qualifications required by the board.
17-87-203. Powers and duties.
The
board shall have the following powers and responsibilities:
(1)(A)
Promulgate whatever regulations it deems necessary for
the implementation of this chapter.
(B)No
regulation promulgated hereafter by the board shall be
effective until reviewed by the Legislative Council and
the Joint Interim Committee on Public Health, Welfare,
and Labor of the Arkansas General Assembly;
(2)
Cause the prosecution of persons violating this chapter;
(3)
Keep a record of all its proceedings;
(4)
Make an annual report to the Governor;
(5)
Employ personnel necessary for carrying out its functions;
(6)
Study, review, develop, and recommend role levels of technical
classes of nursing service and practice to state and federal
health agencies and to public and private administrative
bodies;
(7)
Fix the time for holding its regular meetings;
(8)
Prescribe minimum standards and approve curricula for
educational programs preparing persons for licensure as
registered nurses, advanced practice nurses, registered
nurse practitioner nurses, licensed practical nurses,
and licensed psychiatric technician nurses;
(9)
Provide for surveys of such programs at such times as
it deems necessary or at the request of the schools;
(10)
Approve programs that meet the requirements of this chapter;
(11)
Deny or withdraw approval from educational programs for
failure to meet prescribed standards;
(12)
Examine, license, and renew the licenses of qualified
applicants for professional nursing, practical nursing,
and psychiatric technician nursing;
(13)
License and renew the licenses of qualified applicants
for registered nurse practitioner nursing and advanced
practice nursing;
(14)
Grant certificates of prescriptive authority to qualified
advanced practice nurses;
(15)
Convene an advisory committee as provided for in this
chapter to assist with oversight of prescriptive authority;
and
(16)
Conduct disciplinary proceedings as provided for in this
chapter.
17-87-204. Deposit of funds.
All
funds received by the board shall be deposited in the
State Treasury to the credit of the Arkansas State Board
of Nursing.
17-87-205. Prescriptive Authority Advisory Committee.
(a)(1)
The Prescriptive Authority Advisory Committee is created
as an advisory committee to the board.
(2)
The advisory committee shall assist the board in implementing
the provisions of this chapter regarding prescriptive
authority.
(b)
The board shall appoint five (5) members, to be approved
by the Governor, who have the following qualifications:
(1)
Three (3) members shall be advanced practice nurses holding
certificates of prescriptive authority;
(2)
One (1) member shall be a licensed physician who has been
involved in a collaborative practice with a registered
nurse practitioner for at least five (5) years; and
(3)
One (1) member shall be a licensed pharmacist who has
been in practice for at least five (5) years.
(c)
Members shall serve three-year terms.
(d)
The board may remove any advisory committee member, after
notice and hearing, for incapacity, incompetence, neglect
of duty or malfeasance in office.
(e)
The members shall serve without compensation, but may
receive expense reimbursement in accordance with 25-16-901
et. seq.
17-87-301. Registered nurses.
(a)
QUALIFICATIONS. Before taking the examination or before
the issuance of a license by endorsement, an applicant
for a license to practice professional nursing shall submit
to the board written evidence, verified by oath, that
the applicant:
(1)
Is of good moral character;
(2)
Has completed an approved high school course of study
or the equivalent thereof as determined by the appropriate
educational agency; and
(3)
Has completed the required approved professional nursing
education program.
(b)
ISSUANCE OF LICENSE. A license to practice as a registered
nurse may be issued:
(1)
BY EXAMINATION. The applicant shall be required to pass
an examination in such subjects as the board may determine.
Upon successfully passing the examination, the board shall
issue to the applicant a license to practice professional
nursing as a registered nurse;
(2)
BY ENDORSEMENT. The board may issue a license to practice
professional nursing as a registered nurse by endorsement
to an applicant who has been duly licensed as a registered
nurse under the laws of another state, territory, or foreign
country if, in the opinion of the board, the applicant
meets the qualifications required of registered nurses
in this state at the time of graduation and if the board
so recommends.
(c)
NURSES REGISTERED PRIOR TO MARCH 29, 1971. Any person
holding a license or certificate of registration to practice
nursing as a registered nurse issued by the board which
is valid on March 29, 1971, shall be deemed to be licensed
as a registered nurse under the provisions of this chapter.
(d)
TITLE AND ABBREVIATION. Any person who holds a license
to practice professional nursing in this state shall have
the right to use the title "registered nurse"
and the abbreviation "R.N."
17-87-302. Advanced practice nurses.
(a)
QUALIFICATIONS. In order to be licensed as an advanced
practice nurse, an applicant must show evidence of education
approved by the board, and national certification approved
by the board under one (1) of the following:
(1)
ADVANCED REGISTERED NURSE PRACTITIONER. In order to qualify
as an advanced registered nurse practitioner, an applicant
must be currently certified as a nurse practitioner by
a nationally recognized certifying body;
(2)
CERTIFIED REGISTERED NURSE ANESTHETIST. To qualify as
a certified registered nurse anesthetist, an applicant
must:
(A)
Have earned a diploma or certificate evidencing satisfactory
completion, beyond generic nursing preparation, of a formal
educational program that meets the standards of the Council
on Accreditation of Nurse Anesthesia Educational Programs
or another nationally recognized accrediting body and
that has as its objective the preparation of nurses to
perform as nurse anesthetists; and
(B)
Hold current certification from the Council on Certification
of Nurse Anesthetists, the Council on Recertification
of Nurse Anesthetists, or other nationally recognized
certifying body.
(3)
CERTIFIED NURSE MIDWIFE. To qualify as a certified nurse
midwife, an applicant must:
(A)
Hold current certification as a nurse midwife from the
American College of Nurse Midwives or other nationally
recognized certifying body; and
(B)
Have an agreement with a consulting physician on file
with the board.
(4)
CLINICAL NURSE SPECIALIST. In order to qualify as a clinical
nurse specialist, an applicant must hold a master's degree
evidencing successful completion of a graduate program
in nursing, which shall include supervised clinical practice
and classroom instruction in a nursing specialty, and
must be nationally certified in a specialty role as a
clinical nurse specialist.
(b)
ISSUANCE OF LICENSE. A license to practice as an advanced
practice nurse may be issued:
(1)
BY APPLICATION. Any person holding a license to practice
as a registered nurse and meeting the educational qualifications
and certification requirements to be licensed as an advanced
practice nurse may, upon application and payment of necessary
fees to the board, be licensed as an advanced practice
nurse;
(2)
BY ENDORSEMENT. The board may issue a license to practice
advanced practice nursing by endorsement to any applicant
who has been licensed as an advanced practice nurse or
a person entitled to perform similar services under a
different title under the laws of another state, territory,
or foreign country if, in the opinion of the board, the
applicant meets the requirements for advanced practice
nurses in this state.
(c)
TITLE AND ABBREVIATION. Any person who holds a license
to practice as an advanced practice nurse shall have the
right to use the title of "advanced practice nurse"
and the abbreviation "A.P.N."
17-87-303. Registered nurse practitioners.
(a)
(1) Any person holding a license to practice as a registered
nurse and possessing the educational qualifications required
under subsection (b) of this section to be licensed as
a registered nurse practitioner may, upon application
and payment of necessary fees to the board, be licensed
as a registered nurse practitioner and have the right
to use the title of "registered nurse practitioner"
and the abbreviation "R.N.P."
(2)
No other person shall assume such title or use such abbreviation
or any other words, letters, signs, or devices to indicate
that the person using them is a registered nurse practitioner.
(b)
In order to be licensed as a registered nurse practitioner,
a registered nurse must hold a certificate or academic
degree evidencing successful completion of the educational
program of an accredited school of nursing or other nationally
recognized accredited program recognized by the board
as meeting the requirements of a nurse practitioner program.
(c)
However, any person qualified to receive a license as
a registered nurse practitioner may obtain the license
upon the payment of a fee not to exceed twenty-five ($25.00)
for the original license. The license fees are to be in
addition to the person's registered nurse license fees.
17-87-304. Licensed practical nurses.
(a)
QUALIFICATIONS. An applicant for a license to practice
practical nursing shall submit to the Arkansas State Board
of Nursing evidence, verified by oath, that the applicant:
(1)
Is of good moral character;
(2)
Has completed an approved high school course of study
or the equivalent thereof as determined by the appropriate
educational agency; and
(3)
Has completed a prescribed curriculum in a state approved
program for the preparation of practical nurses and holds
a diploma or certificate therefrom. However, the Arkansas
State Board of Nursing may waive this requirement if the
board determines the applicant to be otherwise qualified.
(b)
ISSUANCE OF LICENSE. A license to practice as a practical
nurse may be issued:
(1)
BY EXAMINATION. The applicant shall be required to pass
an examination in such subjects as the board may determine.
Upon successful completion of the examination, the board
shall issue to the applicant a license to practice as
a licensed practical nurse;
(2)
BY ENDORSEMENT. The board may issue a license to practice
practical nursing by endorsement to any applicant who
has duly been licensed or registered as a licensed practical
nurse or a person entitled to perform similar services
under a different title under the laws of another state,
territory, or foreign country if, in the opinion of the
board, the applicant meets the requirements for licensed
practical nurses in this state at the time of graduation
and if the board so recommends.
(c)
PERSON LICENSED PRIOR TO MARCH 29, 1971. Any person holding
a license to practice as a practical nurse issued by the
board and which was valid on March 29, 1971, shall be
deemed to be licensed as a practical nurse under the provisions
of this chapter.
(d)
TITLE AND ABBREVIATION. Any person who holds a license
to practice practical nursing in this state shall have
the right to use the title "licensed practical nurse"
and the abbreviation "L.P.N."
17-87-305. Licensed psychiatric technician nurses.
(a)
QUALIFICATIONS. An applicant for a license to practice
psychiatric technician nursing shall submit to the Arkansas
State Board of Nursing evidence, verified by oath, that
the applicant:
(1)
Is of good moral character;
(2)
Has completed an approved high school course of study
or the equivalent thereof as determined by the appropriate
educational agency; and
(3)
Has completed a prescribed curriculum in a state approved
program for the preparation of psychiatric technician
nurses and holds a diploma or certificate therefrom. However,
the Arkansas State Board of Nursing may waive this requirement
if the board determines the applicant to be otherwise
qualified.
(b)
ISSUANCE OF LICENSE. A license to practice as a psychiatric
technician nurse may be issued:
(1)
BY EXAMINATION. The applicant shall be required to pass
a written examination in such subjects as the board may
determine. Each written examination may be supplemented
by an oral examination. Upon successfully passing the
examination, the board shall issue to the applicant a
license to practice as a psychiatric technician nurse.
All such examinations shall be conducted by an examiner,
who shall be a registered nurse, and by an assistant examiner,
who shall be a licensed psychiatric technician nurse;
(2)
BY ENDORSEMENT. The board may issue a license to practice
psychiatric technician nursing by endorsement to an applicant
who has duly been licensed or registered as a licensed
psychiatric technician nurse or a person entitled to perform
similar services under a different title under the laws
of another state, territory, or foreign country if, in
the opinion of the board, the applicant meets the requirements
for licensed psychiatric technician nurses in this state
at the time of graduation and if the board so recommends.
(c)
PERSON LICENSED PRIOR TO MARCH 29, 1971. Any person holding
a license to practice as a psychiatric technician issued
by the board in accordance with Acts 1953, No. 124 (repealed),
and which is valid on March 29, 1971, shall be deemed
to be licensed as a psychiatric technician nurse under
the provisions of this chapter.
(d)
TITLE AND ABBREVIATION. Any person who holds a license
to practice psychiatric technician nursing in this state
shall have the right to use the title "licensed psychiatric
technician nurse" and the abbreviation "L.P.T.N."
17-87-306. Fees.
The
board shall establish and collect fees and penalties for
services relating to examination, licensing, endorsement,
certification for prescriptive authority, temporary permits,
license renewal and other reasonable services as deter-mined
by the board.
17-87-307. Temporary permits.
(a)
(1) Upon application and payment of the required fee,
the board may issue a temporary permit to practice professional,
practical, or psychiatric technician nursing to a qualified
applicant who has:
(A)
Completed a program in professional, practical, or psychiatric
technician nursing approved by the appropriate state or
national authorizing agency of this state or country and
by the appropriate authorizing agency of other states
or territories or foreign countries; and
(B)
Applied for or is awaiting results of the first examination
he or she is eligible to take after the permit is issued.
(2)
The permit shall become invalid upon notification to the
applicant of the results of the first examination he or
she is eligible to take after the permit is issued.
(b)
(1) Upon application and payment of the required fee,
the board shall issue a temporary permit to a qualified
applicant holding a current professional, practical, or
psychiatric technician license from another jurisdiction
from any other state or territory awaiting endorsement.
(2)
This permit must have an issuance date and a date when
it shall become invalid and shall not exceed ninety (90)
days.
(c)
(1) Upon application and payment of the required fee,
an applicant shall be issued a temporary permit to practice
advanced practice nursing; who has:
(A)
Satisfactorily completed an educational program for advanced
practice nursing approved by the board; and
(B)
Been accepted by the appropriate certification body to
sit for the first national certification exam he or she
is eligible to take.
(2)
The permit shall expire upon notification to the applicant
of the results of the examination.
(3)
The permit is not renewable and does not apply to prescriptive
authority.
(d)
(1) Upon application and payment of the required fee,
the board shall issue a temporary permit to a qualified
applicant holding a current advanced practice nurse license
or the equivalent from another jurisdiction, from any
other state or territory awaiting endorsement.
(2)(A)
This permit must have an issuance date and a date when
it shall become invalid.
(B)
The permit shall automatically become invalid upon notification
of the applicant's failure to pass the appropriate national
certification exam.
(C)
In no event shall the permit be valid in excess of six
(6) months.
17-87-308. Renewal of licenses.
(a)
(1) The board shall prescribe the procedure for the cyclical
biennial renewal of licenses to every person licensed
by the board.
(2)
In each case, the board shall mail an application for
renewal to the licensee at least thirty (30) days prior
to the expiration date of the license.
(b)
Upon receipt of the application and the fee, the board
shall verify the accuracy of the application and issue
to the applicant a certificate of renewal for a period
to expire on the last day of the current biennial cycle.
(c)
The renewal shall render the holder thereof a legal practitioner
of nursing for the period stated in the certificate of
renewal.
(d)
The procedure prescribed by the Arkansas State Board of
Nursing for license renewal shall not be implemented until
the proposal has been reviewed by the Joint Interim Committee
on Public Health, Welfare and Labor of the General Assembly.
(e)
Any licensee who allows his or her license to lapse by
failing to renew the license as provided above may be
reinstated by the board on payment of the renewal fee
plus a penalty.
(f)
Any person practicing nursing during the time his or her
license has lapsed shall be considered an illegal practitioner
and shall be subject to the penalties provided for violations
of this chapter.
(g)(1)(A)
An individual may place his or her license on inactive
status with written notification to the board.
(B)
The holder of an inactive license shall not practice nursing
in this state.
(2)(A)
The provisions relating to the denial, suspension, and
revocation of a license shall be applicable to an inactive
or lapsed license.
(B)
When proceedings to suspend or revoke an inactive license
have been initiated, the license shall not be reinstated
until the proceedings have been completed.
(3)
An inactive license may be placed in an active status
upon compliance with the rules established by the board.
(h)
As a condition of licensure renewal, an advanced practice
nurse shall submit proof of current national certification
and successful completion of continuing education as required
by the board.
17-87-309. Disciplinary actions.
(a)
The board shall have sole authority to deny or suspend
any license to practice nursing or certificate of prescriptive
authority issued by the board or applied for in accordance
with the provisions of this chapter or to otherwise discipline
a licensee upon proof that the person:
(1)
Is guilty of fraud or deceit in procuring or attempting
to procure a license to practice nursing;
(2)
Is guilty of a crime or gross immorality;
(3)
Is unfit or incompetent by reason of negligence, habits,
or other causes;
(4)
Is habitually intemperate or is addicted to the use of
habit-forming drugs;
(5)
Is mentally incompetent;
(6)
Is guilty of unprofessional conduct;
(7)
Has had a license, certificate, or registration revoked,
suspended or placed on probation or under disciplinary
order in any jurisdiction;
(8)
Has voluntarily surrendered a license, certification,
or registration and has not been reinstated in any jurisdiction;
or
(9)
Has willfully or repeatedly violated any of the provisions
of this chapter.
(b)
Proceedings under this section shall be as provided in
the Arkansas Administrative Procedure Act, as amended,
25-15-201, et seq.
17-87-310. Prescriptive Authority.
(a)
The board may grant a certificate of prescriptive authority
to an advanced practice nurse who:
(1)
Submits proof of successful completion of a board approved
advanced pharmacology course that shall include preceptorial
experience in the prescription of drugs, medicines, and
therapeutic devices; and
(2)
Has a collaborative practice agreement with a physician
who is licensed under the Arkansas Medical Practices Act,
17-95-201, et seq., and who has a practice comparable
in scope, specialty or expertise to that of the advanced
practice nurse on file with the board.
(b)(1)
An advanced practice nurse with a certificate of prescriptive
authority may receive and prescribe drugs, medicines or
therapeutic devices appropriate to the advanced practice
nurse's area of practice in accordance with rules established
by the board.
(2)
An advanced practice nurse's prescriptive authority shall
only extend to drugs listed in Schedules III - V.
(c)
A collaborative practice agreement shall include, but
not be limited to, provisions addressing:
(1)
The availability of the collaborating physician for consultation
or referral or both;
(2)
Methods of management of the collaborative practice, which
shall include protocols for prescriptive authority;
(3)
Coverage of the health care needs of a patient in the
emergency absence of the advanced practice nurse or physician;
and
(4)
Quality assurance.
(d)
If a collaborative practice results in complaints of violations
of Arkansas Code 17-95-201, et seq., the Arkansas State
Medical Board may review the role of the physician in
the collaborative practice to determine if the physician
is unable to manage his or her responsibilities under
the agreement without an adverse affect on the quality
of care of the patient.
(e)
If a collaborative practice results in complaints of violations
of this
chapter,
the Arkansas State Board of Nursing may review the role
of the advanced practice nurse in the collaborative practice
to determine if the nurse is unable to manage his or her
responsibilities under the agreement without an adverse
effect on the quality of care of the patient.
17-87-311. Direct reimbursement agreements.
(a)
An advanced practice nurse or a registered nurse practitioner
may enter into a direct reimbursement agreement with the
agency administering the state Medicaid program.
(b)
The agency administering the state Medicaid program shall
not discriminate against practitioners providing covered
services within the scope of their practice based on the
type of practitioner.
|
SUBCHAPTER
4
EDUCATIONAL PROGRAMS
17-87-401.
Nursing Education Programs
17-87-402.
Institutions of higher education Challenge and
validation examinations.
|
17-87-401. Nursing education programs.
(a)
An institution desiring to conduct a nursing education
program to prepare professional, advanced practice, nurse
practitioner, practical, and psychiatric technician nurses
shall apply to the board and submit evidence that:
(1)
It is prepared to carry out a program in professional
nursing education, advanced practice nursing education,
nurse practitioner nursing education, practical nursing
education, psychiatric technician nursing training, as
the case may be; and
(2)
It is prepared to meet such standards as shall be established
by this chapter and by the board.
(b)
(1) A survey of the institution and its entire nursing
education program shall be made by an authorized representative
of the board, who shall submit a written report of the
survey to the board.
(2)
If, in the opinion of the board, the requirements for
an approved nursing education program are met, the program
shall be approved as a nursing education program for professional,
advanced practice, nurse practitioner, practical, and
psychiatric technician nurses.
(c)
(1) From time to time, as deemed necessary, it shall be
the duty of the board, through its authorized representative,
to survey its nursing education programs in the state.
(2)
Written reports of such surveys shall be submitted to
the board.
(3)
If the board shall determine that any approved nursing
education program under its supervision is not maintaining
the standards required by the statutes and by the board,
notice thereof in writing specifying the defect or defects
shall be immediately given to the institution conducting
the program.
(4)
A program which fails within a reasonable time to correct
these conditions to the satisfaction of the board shall
be withdrawn after a hearing.
17-87-402. Institutions of higher education Challenge
and validation examinations.
(a)
As used in this section, unless the context otherwise
requires:
(1)
"Challenge examination" means a test designed
to determine the level of knowledge of the person being
tested in the subject area of the test. Challenge examinations
may cover any area of academic pursuit; and
(2)
"Validation examination" means an evaluation
of prior knowledge, experience, or skills. Validation
examinations are administered to determine the proper
placement of the examinee within the nurse training program.
(b)
The Department of Higher Education shall:
(1)
Encourage and supervise the development of methods of
validation of nursing knowledge and skills through written
and clinical testing mechanisms;
(2)
Review and approve validation and challenge examinations
for fairness and relevant content;
(3)
Set uniform passing scores to be used by institutions
of higher education in this state for passing standardized
validation and challenge examinations when the passing
scores are not determined at the national level; and
(4)
Require schools using individual school-made tests to
select one (1) standard passing score for each test which
any level of student must achieve to receive credit.
(c)
All institutions of higher education in this state shall
use standardized validation and challenge examinations
or devise their own. All challenge examinations and all
validation examinations shall be submitted to the Department
of Higher Education for its approval. Upon the successful
passing of a validation examinations or challenge examination,
the examinee shall be given credit for the course which
is the subject of the test.
(d)
Each Arkansas institution of higher education shall accept
the credit given by other Arkansas institutions of higher
education for the successful passing of a challenge examination
or a validation examination on any course required in
the nursing curriculum.
(e)
(1) Licensed practical nurses and licensed psychiatric
technician nurses may transfer or challenge by test, or
validate, up to thirty (30) semester credit hours from
the total nursing program curriculum upon entering diploma,
associate degree, or baccalaureate degree programs in
nursing in Arkansas. This does not include other hours
they may have earned which may also be transferred.
(2)
Registered nurses may transfer or challenge by test, or
validate, up to sixty (60) semester credit hours from
the total nursing program curriculum upon entering a baccalaureate
degree program in nursing in Arkansas. This does not include
other hours they may have earned which may also be transferred.
Addendum
to the Nurse Practice Act
As a
result of 1999 legislation, effective July 30, 1999 the
following changes are made to subchapters of the Nurse
Practice Act:
ACA
§17-87-102(2) is amended to read as follows:
(2)
‘Practice of professional nursing’ means the
performance for compensation of any acts involving:
(A)
The observation, care, and counsel of the ill, injured,
or infirm; (B) The maintenance of health or prevention
of illness of others; (C) The supervision and teaching
of other personnel; (D) The delegation of certain nursing
practices to other personnel as set forth in regulations
established by the board; or (E) The administration of
medications and treatments as prescribed by an
advanced practice nurse holding a certificate of prescriptive
authority, a licensed physician, or licensed dentist
practitioners authorized to prescribe and treat in
accordance with state law where such acts require
substantial specialized judgment and skill based on knowledge
and application of the principles of biological, physical,
and social sciences;"
ACA
§17-87-302(a)(3) is amended to read as follows:
(3)
Certified Nurse Midwife. To qualify as a certified nurse
midwife, an applicant must: (A) Hold current certification
as a nurse midwife from the American College of Nurse
Midwives or other nationally recognized certifying body;
and (B) Have an agreement with a consulting physician
on file with the board if providing
intrapartum care;"
ACA
§17-87-309 is amended to read as follows:
Disciplinary
actions.(a) The board shall have sole authority to deny,
or suspend, revoke or limit any
license to practice nursing or certificate of prescriptive
authority issued by the board or applied for in accordance
with the provisions of this chapter or to otherwise discipline
a licensee upon proof that the person:
(1)
Is guilty of fraud or deceit in procuring or attempting
to procure a license to practice nursing;
(2)
Is guilty of a crime or gross immorality;
(3)
Is unfit or incompetent by reason of negligence, habits,
or other causes;
(4)
Is habitually intemperate or is addicted to the use of
habit-forming drugs;
(5)
Is mentally incompetent;
(6)
Is guilty of unprofessional conduct;
(7)
Has had a license, certificate, or registration revoked,
suspended, or placed on probation or under disciplinary
order in any jurisdiction;
(8)
Has voluntarily surrendered a license, certification,
or registration and has not been reinstated in any jurisdiction;
or
(9)
Has willfully or repeatedly violated any of the provisions
of this chapter.
(b)
The board shall refuse to issue or shall revoke the license
of any person who is found guilty of or pleads guilty
or nolo contendere to any offense listed in §17-87-312(f)
unless the person requests and the board grants a waiver
pursuant to §17-87-312(h).
(c)
Proceedings under this section shall be as provided in
the Arkansas Administrative Procedure Act, beginning
at as amended, § 25-15-201 et 2 seq."
Title
17, Chapter 87, Subchapter 3 is amended to add the
following
section to be numbered by the Arkansas Code Revision Commission:
"Criminal
background checks.
(a)
After October 1, 1999, each first-time applicant for a
license issued by the board may be required to
apply to the Identification Bureau of the Arkansas State
Police for a state and national criminal background check,
to be conducted by the Federal Bureau of Investigation.
(b)
The check shall conform to the applicable federal standards
and shall include the taking of fingerprints.
(c)
The applicant shall sign a release of information to the
board and shall be responsible to the Arkansas State Police
for the payment of any fee associated with the criminal
background check.
(d)
Upon completion of the criminal background check, the
Identification Bureau of the Arkansas State Police shall
forward all information obtained concerning the applicant
in the commission of any offense listed in subsection
(f) of this section to the board.
(e)
At the conclusion of any background check required by
this section, the Identification Bureau of the Arkansas
State Police shall promptly destroy the fingerprint card
of the applicant.
(f)
No person shall be eligible to receive or hold a license
issued by the board if that person has pleaded guilty
or nolo contendere to, or been found guilty of, any of
the following offenses by any court in the State of Arkansas,
or of any similar offense by a court in another state,
or of any similar offense by a federal court:
(1)
Capital murder, as prohibited in § 5-10-101;
(2)
Murder in the first degree and second degree, as prohibited
in §§ 5-10-102 and 5-10-103;
(3)
Manslaughter, as prohibited in § 5-10-104;
(4)
Negligent homicide, as prohibited in § 5-10-105;
(5)
Kidnapping, as prohibited in § 5-11-102;
(6)
False imprisonment in the first degree, as prohibited
in § 5-35 11-103;
(7)
Permanent detention or restraint, as prohibited in § 5-11-1
106;
(8)
Robbery, as prohibited in § 5-12-102;
(9)
Aggravated robbery, as prohibited in § 5-12-103;
(10)
Battery in the first degree, as prohibited in § 5-13-201;
(11)
Aggravated assault, as prohibited in § 5-13-204;
(12)
Introduction of controlled substance into body of another
person, as prohibited in § 5-13-210;
(13)
Terroristic threatening in the first degree, as prohibited
in § 5-13-301;
(14)
Rape and carnal abuse in the first degree, second degree,
and third degree, as prohibited in §§ 5-14-103 - 5-14-106;
(15)
Sexual abuse in the first degree and second degree, as
prohibited in §§ 5-14-108 and 5-14-109;
(16)
Sexual solicitation of a child, as prohibited in § 5-14-110;
(17)
Violation of a minor in the first degree and second degree,
as prohibited in §§ 5-14-120 and 5-14-121;
(18)
Incest, as prohibited in § 5-26-202;
(19)
Offenses against the family, as prohibited in §§ 5-26-303
- 19 5-26-306;
(20)
Endangering the welfare of incompetent person in the first
degree, as prohibited in § 5-27-201;
(21)
Endangering the welfare of a minor in the first degree,
as prohibited in § 5-27-203;
(22)
Permitting child abuse, as prohibited in § 5-27-221(a)(1)
and (3);
(23)
Engaging children in sexually explicit conduct for use
in visual or print media, transportation of minors for
prohibited sexual conduct, or pandering or possessing
visual or print medium depicting sexually explicit conduct
involving a child, or use of a child or consent to use
of a child in a sexual performance by producing, directing,
or promoting a sexual performance by a child, as prohibited
in §§ 5-27-303 - 5-27-305, 5-27-402, and 5-27-403;
(24)
Felony adult abuse, as prohibited in § 5-28-103;
(25)
Theft of property, as prohibited in § 5-36-103;
(26)
Theft by receiving, as prohibited in § 5-36-106;
(27)
Arson, as prohibited in § 5-38-301;
(28)
Burglary, as prohibited in § 5-39-201;
(29)
Felony violation of the Uniform Controlled Substances
Act, as prohibited in § 5-64-401;
(30)
Promotion of prostitution in the first degree, as prohibited
in § 5-70-104;
(31)
Stalking, as prohibited in § 5-71-229; and
(32)
Criminal attempt, criminal complicity, criminal solicitation,
or criminal conspiracy, as prohibited in §§ 5-3-201, 5-3-202,
5-3-301, and 5-3-401, to commit any of the offenses listed
in this subsection. (g)(1) The board may issue a six-month
nonrenewable letter of provisional eligibility for licensure
to a first-time applicant pending the results of the criminal
background check.
(2)
Upon receipt of information from the Identification Bureau
of the Arkansas State Police that the person holding such
letter of provisional licensure has pleaded guilty or
nolo contendere to, or been found guilty of, any offense
listed in subsection (f) of this section, the board shall
immediately revoke the provisional license.
(h)(1)
The provisions of subsections (f) and (g)(2) of this section
may be waived by the board upon the request of:
(A)
An affected applicant for licensure; or
(B)
The person holding a license subject to revocation.
(2)
Circumstances for which a waiver may be granted shall
include, but not be limited to, the following:
(A)
The age at which the crime was committed;
(B)
The circumstances surrounding the crime;
(C)
The length of time since the crime;
(D)
Subsequent work history;
(E)
Employment references;
(F)
Character references; and
(G)
Other evidence demonstrating that the applicant does not
pose a threat to the health or safety of children.
(i)
Any information received by the board from the Identification
Bureau of the Arkansas State Police pursuant to this section
shall not be available for examination except by the affected
applicant for licensure, or his authorized representative,
or the person whose license is subject to revocation,
or his authorized representative. No record, file, or
document shall be removed from the custody of the Arkansas
State Police.
(j)
Any information made available to the affected applicant
for licensure or the person whose license is subject to
revocation shall be information pertaining to that person
only.
(k)
Rights of privilege and confidentiality established in
this section shall not extend to any document created
for purposes other than this background check.
(l)
The board shall adopt the necessary rules and regulations
to fully implement the provisions of this section.
(m)
Persons licensed by the board may be required to apply
for a criminal history check in the same manner as an
applicant for licensure under this section. The board
shall develop and adopt a regulation that prescribes how
criminal history checks for persons licensed by the board
may be conducted."
The
Interstate Nurse Licensure Compact is enacted into law
and entered into by this state with all states legally
joining therein and in the form substantially as follows:
NURSE
LICENSURE COMPACT ARTICLE I
Findings
and Declaration of Purpose
- 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 areas 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.
- 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, non-disciplinary
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 non-profit organization composed of and controlled
by state nurse licensing boards.
(d)
"Current significant investigative information"
means:
- 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
- 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 estate 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
6
practice laws" does not include the initial qualifications
for licensure or requirements necessary to obtain and
retain a license, except for 8 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 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 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 non-party state to a party state, and obtains
a license from the new home state, the individual state
license issued by the non-party state is not affected
and will remain in full force if so provided by the laws
of the non-party state;
(3)
moving from a party state to a non-party 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 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 non-public 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 produ ction 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, mile age and other fees required by the service
statutes of the state where the wit nesses 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 data base 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 non-party 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 states’ licensing board from the coordinated
licensure information system may not be shared with non-party
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 states 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 or gross negligence.
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 non-party 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 state party 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
2. The Board may limit or revoke practice privileges
in this state of a person licensed to practice nursing
by a jurisdiction that has joined the Compact or take
action on previous practice privilege action from another
party state.
SECTION
3. For purposes of this act, the term "head of
the nurse licensing board" shall mean the Executive
Director of the Arkansas State Board of Nursing.
SECTION
4. (a) The effective date of this Compact shall be
July 1, 2000. (b) Upon the effective date of this compact,
the licensing board shall participate in an evaluation
of the effectiveness and operability of the compact. Upon
completion of the evaluation, a report shall be submitted
to the Legislative Council for its review.
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