Sunset Continue Nurse Practice Act

Concerning the continuation of the state board of nursing, and, in connection therewith, implementing the recommendations contained in the 2019 sunset report by the department of regulatory agencies.

The act implements the recommendations of the department of regulatory agencies in its sunset review and report on the "Nurse Practice Act", under which nurses are regulated by the state board of nursing (board), as follows:

• Continues the regulation of nurses by the board for 7 years, until September 1, 2027;
• Authorizes the board to enter into a confidential agreement to limit practice with a nurse who has a health condition that affects the ability of the nurse to practice safely and modifies grounds for disciplining a nurse to specify that a nurse may be disciplined for failing to notify the board of a health condition that limits the nurse's ability to practice safely, failing to act within the limits imposed by the health condition, or failing to comply with the terms of a confidential agreement entered into with the board;
• Adds, as a ground for disciplining a nurse, engaging in a sexual act with a patient during the course of care or within 6 months after care is concluded;
• Requires licensees and insurance carriers to report malpractice settlements and judgments;
• Modifies the grounds for discipline relating to alcohol or drug use or abuse to clarify that the use or abuse need not be ongoing to trigger discipline;
• Requires a nurse to report an adverse action or the surrender of a license within 30 days after the action;
• Requires a nurse to report a criminal conviction within 30, rather than 45, days after the conviction;
• Repeals the standards of "willful" and "negligent" with regard to certain grounds for disciplining a nurse;
• Changes the title "advanced practice nurse" and the acronym "A.P.N." to "advanced practice registered nurse" and "A.P.R.N.";
• Eliminates the age limit and the requirement to be retired for a nurse to obtain a volunteer license;
• Repeals the requirement for the director of the division of professions and occupations to consult with the board before appointing an executive administrator and other personnel for the board; and
• Repeals the requirement for at least one board member to sit on the panel to interview candidates for the board executive administrator position.

In addition to implementing the sunset recommendations, the act:

• Reduces the number of experience hours required for an A.P.R.N. to obtain prescriptive authority from 1,000 hours to 750 hours and includes a legislative declaration stating that the experience hours should not be adjusted downward before the next sunset review of the "Nurse Practice Act";
• Eliminates the requirement that an A.P.R.N. seeking or who has obtained prescriptive authority develop, maintain, or update an articulated plan and that the board audit those plans;
• Adds definitions of "collaboration", "delegation of patient care", and "licensed health care provider" to the "Nurse Practice Act" for purposes of clarifying the ability of nurses to delegate nursing tasks to other providers and assistive personnel; and
• Modifies the definitions of "practice of practical nursing" and "practice of professional nursing".
  (Note: This summary applies to this bill as enacted.)