2023 -- H 5349

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LC000239

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSES

     

     Introduced By: Representatives Casey, Fenton-Fung, Kazarian, Chippendale, Craven,
Bennett, Messier, Kislak, O'Brien, and Dawson

     Date Introduced: February 03, 2023

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" is

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hereby amended to read as follows:

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     5-34-31. Practices and persons exempt.

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     No provisions of this chapter shall be construed as prohibiting:

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     (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the

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sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type,

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whether employed regularly or because of an emergency of illness, provided that person is

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employed primarily in a domestic capacity and does not hold himself or herself out or accept

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employment as a person licensed to practice nursing for hire under the provisions of this chapter or

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as prohibiting nursing assistants in the case of any emergency;

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     (2) The practice of nursing by students enrolled in approved educational programs of

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professional nursing or practical-nursing educational programs nor by graduates of those schools

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or courses pending the results of the licensing examinations following that graduation before taking

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and receiving results of the NCLEX examination, provided that they are licensed in this state within

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ninety (90) days from the date on the department's licensing application fee receipt, in accordance

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with regulations prescribed by the board;

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     (3) The practice of nursing in this state by any legally qualified nurse of another state whose

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engagement requires him or her to accompany and care for a patient temporarily residing in this

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state during the period of this engagement not to exceed six (6) months in length, provided that

 

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person does not represent or hold himself or herself out as a nurse licensed to practice in this state;

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     (4) The practice of any legally qualified nurse of another state who is employed by the

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United States government or any bureau, division, or agency of the government while in the

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discharge of his or her official duties;

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     (5) Persons employed in state and licensed hospitals and sanatoria healthcare facilities,

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licensed homes for the aged and/or convalescent persons, and recognized public-health agencies

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from assisting in the nursing care of patients if adequate medical or nursing supervision is provided;

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     (6) Nursing care of the sick with or without compensation or personal profit when done in

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connection with the practice of the religious tenets of any recognized or established church by

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adherents as long as they do not engage in the practice of nursing as defined in this chapter;

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     (7) Persons who provide acceptable evidence of being currently licensed by examination

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or endorsement under the laws of other states of the United States and the District of Columbia

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from practicing nursing in this state for a period of ninety (90) days from the date on the application

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fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the

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application fee receipt. The original privilege to work ninety (90) days from the date on the

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application fee receipt shall not be extended or renewed.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSES

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     This act would amend the conditions upon which a nurse would be exempt from certain

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licensing requirements to include eligibility to practice before taking and receiving results of the

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NCLEX exam.

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     This act would take effect upon passage.

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