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:

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

hereby amended to read as follows:

     5-34-31. Practices and persons exempt.

     No provisions of this chapter shall be construed as prohibiting:

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

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

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

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

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

as prohibiting nursing assistants in the case of any emergency;

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

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

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

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

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

with regulations prescribed by the board;

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

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

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

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

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

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

discharge of his or her official duties;

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

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

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

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

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

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

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

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

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

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

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

application fee receipt shall not be extended or renewed.

     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

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

NCLEX exam.

     This act would take effect upon passage.

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