Chapter 093

2013 -- S 0614 SUBSTITUTE A

Enacted 06/17/13

 

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS -- NURSES

          

     Introduced By: Senators Miller, Doyle, Goldin, Pichardo, and Walaska

     Date Introduced: March 06, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Sections 5-34-3, 5-34-4, 5-34-7, 5-34-40 and 5-34-43 of the General Laws

in Chapter 5-34 entitled "Nurses" are hereby amended to read as follows:

 

     5-34-3. Definitions. -- As used in this chapter:

      (1) "Advanced practice registered nurse" means the status of qualified individuals who

hold an active license as a registered nurse and an active license as a nurse in an advanced role as

defined under the provisions of this chapter or chapter 5-34.2.

     (APRN) is the title given to an individual licensed to practice advanced practice

registered nursing within one of the following roles: certified nurse practitioner (CNP), certified

registered nurse anesthetist (CRNA) as defined in chapter 5-34.2, or certified clinical nurse

specialist (CNS), and who functions in a population focus. An APRN may serve as a primary or

acute care provider of record.

     (2) "Advanced practice registered nursing" means an independent and expanded scope of

nursing in a role and population focus approved by the Board of Nurse Registration and Nursing

Education that includes the registered nurse scope of practice and may include, but is not limited

to, performing acts of advanced assessment, diagnosing, prescribing and ordering. Each APRN is

accountable to patients, the nursing profession and the Board of Nursing for complying with the

requirements of this chapter and the quality of advanced nursing care rendered; recognizing limits

of knowledge and experience; planning for the management of situations beyond the APRNís

expertise; and for consulting with or referring patients to other health care providers as

appropriate.

      (2)(3) "Approval" means the process where the board of nursing evaluates and grants

official recognition to basic nursing education programs meeting established criteria and

standards.

      (3)(4) "Certified registered nurse practitioner" is an advanced practice nurse utilizing

independent knowledge of physical assessment, diagnosis, and management of health care and

illnesses. The practice includes prescriptive privileges. The practice includes collaboration with

other licensed health care professionals including, but not limited to, physicians, pharmacists,

podiatrists, dentists and nurses. Certified nurse practitioners are members of the health care

delivery system practicing in areas including, but not limited to: family practice, pediatrics, adult

health care, geriatrics and womenís health care in primary, acute, long-term and critical care

settings in health care facilities and the community. Certified nurse practitioners may be

recognized as the primary care provider or acute care provider of record.

     (5) "Certified Clinical Nurse Specialist" is an advanced practice registered nurse that

independently provides care to clients, facilitates attainment of health goals, and provides

innovation in nursing practice, based on clinical expertise, evidence-based decision-making, and

leadership skills. The clinical nurse specialist practices with individual clients and populations;

nurses and other multidisciplinary team members; and organizations to effect system-wide

changes to improve programs of care. The practice may include prescriptive privileges.

     (6) Certified registered nurse anesthetist is as defined in chapter 5-34.2 ("Nurse

Anesthetist").

      (4)(7) "Department" means the department of health.

      (5)(8) "Health" means optimum well-being.

      (6)(9) "Healthcare" means those services provided to promote the optimum well-being of

individuals.

      (7)(10) "Licensed" means the status of qualified individuals who have completed a

designated process by which the board of nursing grants permission to individuals accountable

and/or responsible for the practice of nursing and to engage in that practice, prohibiting all others

from legally doing so.

      (8)(11) "Nursing" means the provision of services that are essential to the promotion,

maintenance, and restoration of health throughout the continuum of life. It provides care and

support of individuals and families during periods of wellness, illness, and injury, and

incorporates the appropriate medical health care plan of care prescribed by a licensed advanced

practice registered nurse, certified nurse midwife, licensed physician, dentist, or podiatrist. It is a

distinct component of health services. Nursing practice is based on specialized knowledge,

judgment, and nursing skills acquired through educational preparation in nursing and in the

biological, physical, social, and behavioral sciences.

      (9)(12) "Practical nursing" is practiced by licensed practical nurses (L.P.N.s). It is an

integral part of nursing based on a knowledge and skill level commensurate with education. It

includes promotion, maintenance, and restoration of health and utilizes standardized procedures

leading to predictable outcomes, which are in accord with the professional nurse regimen under

the direction of a registered nurse. In situations where registered nurses are not employed, the

licensed practical nurse functions under the direction of a licensed physician, dentist, podiatrist or

other licensed health care providers authorized by law to prescribe. Each L.P.N. is responsible for

the nursing care rendered.

     (13) "Population foci" means focus of the patient population. Population focus shall

include:

     (i) Family/Individual across the lifespan ;

     (ii) Adult-gerontology;

     (iii) Neonatal;

     (iv) Pediatrics;

     (v) Womenís health/gender-related; and

     (vi) Psychiatric/mental health.

      (10)(14) "Professional nursing" is practiced by registered nurses (R.N.s). The practice of

professional nursing is a dynamic process of assessment of an individual's health status,

identification of health care needs, determination of health care goals with the individual and/or

family participation and the development of a plan of nursing care to achieve these goals. Nursing

actions, including teaching and counseling, are directed toward the promotion, maintenance, and

restoration of health and evaluation of the individual's response to nursing actions and the

medical regimen of care. The professional nurse provides care and support of individuals and

families during periods of wellness and injury, and incorporates where appropriate, the medical

plan of care as prescribed by a licensed physician, dentist or podiatrist or other licensed health

care providers authorized by law to prescribe. Each R.N. is directly accountable and responsible

to the consumer for the nursing care rendered.

      (11)(15) "Psychiatric and mental health nurse clinical specialist" is a certified clinical

nurse specialist working in the population foci of psychiatric/mental health as an advanced

practice nurse utilizing independent knowledge in psychiatric mental health assessment,

diagnosis, health promotion, psychotherapeutic modalities and management of mental health and

illnesses. The practice may include prescription privileges within their scope of practice of certain

legend medications, controlled substances from Schedule II classified as stimulants, and

controlled substances from Schedule IV within the scope of their practice. The practice may also

include consultation and education. collaboration with other licensed health care professionals,

including, but not limited to, psychiatrists, psychologists, physicians, pharmacists, and nurses.

The psychiatric and mental health clinical specialist holds the qualifications defined in section 5-

34-40.1.

 

     5-34-4. Board of nursing -- Establishment -- Composition -- Appointment, terms,

and removal of members -- Director of nurse registration and nursing education. -- (a)

Within the division of professional regulation, pursuant to chapter 26 of this title, there is a board

of nurse registration and nursing education, sometimes referred to herein as the "board of

nursing". The board shall be composed of fifteen (15) members. The term of office shall be for

three (3) years. No member shall serve more than two (2) consecutive terms. The member shall

serve until a qualified successor is appointed to serve. In making those appointments, the director

of the department of health shall consider persons suggested by professional nurse organizations

and the practical nurse's association.

      (b) Present members of the board holding office under the provisions of this chapter

shall serve as members of the board until the expiration of their terms or until qualified successors

are appointed. The fifteen (15) member board shall include: eleven (11) professional nurses, two

(2) practical nurses appointed by the director of health and approved by the governor and two (2)

members of the general public appointed by the governor. Three (3) professional nurses shall be

from different basic education programs preparing students to become nurses; one professional

nurse shall be from a nursing service administration; four (4) professional non-administrative,

clinical nurses not licensed as advanced practice nurses, and three (3) professional advanced

practice nurses, one who holds a license as a certified registered nurse anesthetist, one who holds

a license as a certified registered nurse practitioner, and one who holds a license as a psychiatric

and mental health certified clinical nurse clinical specialist. No educational program or

cooperating agency shall have more than one representative on the board.

      (c) The director of health may remove any member from the board for cause including,

but not limited to, neglect of any duty required by law, or incompetence, or unprofessional

conduct, or willful misconduct. A member subject to disciplinary proceedings shall be

disqualified from board business until the charge is adjudicated. There shall also be a director of

nurse registration and nursing education appointed by the director of health in accordance with

the provisions of chapter 4 of title 36.

 

     5-34-7. Board of nursing -- General powers. -- The board of nurse registration and

nursing education is authorized, subject to the approval of the director of the department of

health, to:

      (1) Adopt, review, or revise rules, and regulations consistent with the law that may be

necessary to effect provisions of the chapter;

      (2) Approve nursing education programs according to the rules established by the board;

      (3) Require standards for nursing practice within organized nursing services and the

individual practice of licensees;

      (4) Approve the examinations for licensure;

      (5) Establish requirements to validate competence for reinstatement to the active list;

      (6) Conduct hearings upon charges calling for discipline of a licensee or revocation of a

license;

      (7) Issue subpoenas to, compel the attendance of witnesses at, and administer oaths to

persons giving testimony at hearings;

      (8) Cause the prosecution or enjoinder of all persons violating this chapter;

      (9) Maintain a record of all its proceedings;

      (10) Submit an annual report to the director of the department of health;

      (11) Utilize other persons that may be necessary to carry on the work of the board;

      (12) Conduct public hearings, investigations, and studies of nursing practice, nursing

education, and related matters and prepare and issue publications that, in the judgment of the

board, allow the nursing profession to provide safe, effective nursing services to the public;

      (13) Determine qualifications necessary for prescriptive privileges for certified registered

nurse practitioners advanced practice registered nurses;

      (14) Grant certified registered nurse practitioners prescriptive privileges to advanced

practice registered nurses; and

      (15) Determine qualification necessary for the prescriptive privileges for psychiatric and

mental health clinical nurse specialists; and

      (16) Grant certified psychiatric and mental health clinical nurse specialists prescriptive

privileges.

     (17) Adopt criteria for recognizing national certifying bodies for APRN roles and

population foci.

 

     5-34-40. Advanced practice nurse advisory committee. -- (a) The nine (9) seven (7)

member committee consists of two (2) certified registered nurse practitioners, two (2) certified

registered nurse anesthetists, two (2) psychiatric and mental health certified clinical nurse

specialists, one physician and two (2) consumers and one consumer. The director of health shall

appoint the committee. In making appointments to the committee, the director shall consider

persons recommended by professional nurse organizations and professional medical associations.

The professional members of the committee shall be currently engaged in practice. The consumer

members shall be: (1) knowledgeable in consumer health concerns; (2) a resident of the state; (3)

not licensed as a health care practitioner; (4) not a parent, spouse, sibling, or child of a person

licensed as a health care practitioner, and not a student in a professional program; (5) not having a

direct financial interest in health care services; (6) not a member or an employee of any board of

control of any public or private health care service.

      (b) Each member appointment shall be for three (3) years, with no member serving more

than two (2) consecutive three (3) year terms except that in making the initial appointments the

director designates: four (4) members for a term of two (2) years; three (3) members for a term of

three (3) years; and the consumer members for three (3) year terms.

      (c) This committee must meet not fewer than two (2) times per year. The committee has

the following functions:

      (1) To assess advanced nursing practice for the purpose of improving patient care.

      (2) (i) To review all complaints regarding advanced practice nurses, and recommend any

and all disciplinary or corrective action that they deem appropriate, including revocation and

suspension of license, upon proof that an advanced practice nurse has:

      (A) Aided or abetted an uncertified person to practice as an advanced practice nurse;

      (B) Become addicted to the use of liquor or controlled substances;

      (C) Negligently, willfully, or intentionally acted in a manner inconsistent with the health

and safety of persons entrusted to his or her care;

      (D) Had his or her authorization to practice as an advanced practice nurse denied,

revoked or suspended in another state;

      (E) Engaged in the performance of medical functions beyond the scope of practice

authorized by the provisions of this chapter;

      (F) Willfully failed to file or record medical records and reports;

      (G) Mental incompetence; or

      (H) Willfully failed to maintain standards established by the nursing profession.

      (ii) The recommendation shall be submitted to the board of nursing for implementation.

      (3) To advise periodically to the board of nurse registration and nursing education

regarding advanced nurse practice.

 

     5-34-43. Criminal records review. -- (a) Notwithstanding any provision of law to the

contrary contained in any general or public law, rule or regulation, any person seeking a license to

practice under this chapter, or who is previously licensed and authorized to practice under this

chapter and is seeking employment, shall undergo a federal and statewide criminal background

check (BCI), which shall be processed prior to receiving a license to practice or to enter into

employment.

      (b) The applicant shall apply to the bureau of criminal identification for a national

criminal records check that shall include fingerprints submitted to the federal bureau of

investigation. Upon the discovery of any disqualifying information, the bureau of criminal

identification will inform the applicant in writing of the nature of the disqualifying information;

and, without disclosing the nature of the disqualifying information, will notify the licensing

agency or the potential employer in writing that disqualifying information has been discovered.

      (c) The applicant against whom disqualifying information has been found, may request

that a copy of the criminal background report be sent to the licensing agency or the potential

employer. The licensing agency or the potential employer shall make a judgment regarding the

issuing of a license.

      (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification shall inform the applicant and the licensing agency or the potential

employer in writing of this fact.

     (e) It shall be the responsibility of the applicant to pay for the criminal records check.

 

†††† SECTION 2. Chapter 5-34 of the General Laws entitled ďNursesĒ is hereby amended by

adding thereto the following sections:

 

     5-34-44. Advanced practical registered nurses as independent practitioners. --

APRNs are licensed independent practitioners within standards established or recognized by the

board of nursing. Each APRN is accountable to patients, the nursing profession and the board of

nursing for:

     (1) Complying with the requirements of this chapter and the quality of advanced nursing

care rendered ;

     (2) Recognizing limits of knowledge and experience;

     (3) Planning for the management of situations beyond the APRNís expertise;

     (4) Consulting with or referring patients to other licensed health care providers as

appropriate.

     (5) In the case of CRNAs, comply with the requirements of chapter 5-34.2 of the Rhode

Island general laws, including subsection 5-34.2-5(b) regarding scope of practice. In the case of

any conflict between this chapter and chapter 5-34.2 with regard to the licensure and practice of

CRNAs, chapter 5-34.2 shall control.

 

     5-34-45. Licensure of APRNs. -- (a) An applicant for initial licensure to practice as an

APRN shall:

     (1) Submit a completed written application and appropriate fees as established by the

board of nursing;

     (2) Hold a current RN license or privilege to practice and shall not hold an encumbered

license or privilege to practice as an RN in any state or territory;

     (3) Have completed an accredited graduate or post-graduate level APRN program in one

of the three roles (RNP, CRNA, or CNS) and at least one population focus;

     (4) Be currently certified by a national certifying body recognized by the board of nursing

in the APRN role and population foci appropriate to educational preparation;

     (5) Report any criminal conviction, nolo contendere plea, Alford plea or other plea

arrangement in lieu of conviction;

     (6) Have committed no acts or omissions that are grounds for disciplinary action as set

forth in this chapter; and

     (7) Provide other evidence as required by regulation.

     (b) The board of nursing may issue an initial APRN license to clinical nurse specialists

without a certification exam when:

     (1) A national certification exam does not exist for the current population foci; and

     (2) The applicant has submitted a portfolio to the board of nursing that includes proof of

graduation, course descriptions, official transcript that includes courses in pharmacology,

pathophysiology and physical assessment, letters of recommendation from his/her employer

attesting to the CNSís practice at the advanced practice level.

     (c) After January 1, 2015, all clinical nurse specialists seeking initial licensure as an APRN

must meet all the criteria as stated in this chapter including national certification in a role and

population foci recognized by the board of nursing.

     (d) The board of nursing may issue a license by endorsement to an APRN licensed under

the laws of another state if, in the opinion of the board of nursing, the applicant meets the

qualifications for licensure in this jurisdiction. An applicant for APRN licensure by endorsement

shall:

     (1) Submit a completed written application and appropriate fees as established by the

board of nursing;

     (2) Hold a current license or privilege to practice as an RN and APRN in a state or

territory;

     (3) Not have an encumbered license or privilege to practice in any state or territory;

     (4) Have completed an accredited graduate or post-graduate level APRN program in one

of the three roles (CNP, CRNA or CNS) and at least one population focus or meets the standards

for grandfathering as described in this chapter;

     (5) Be currently certified by a national certifying body recognized by the board of nursing

in the APRN role and at least one population focus appropriate to educational preparation;

     (6) Meet continued competency requirements as set forth in board of nursing regulations;

     (7) Report any conviction, nolo contendere plea, Alford plea or other plea arrangement in

lieu of conviction;

     (8) Have committed no acts or omissions, which are grounds for disciplinary action in

another jurisdiction; and

     (9) Provide other evidence as required by the board of nursing in its regulations.

     (e) APRN licenses issued under this chapter shall be renewed every two (2) years

according to a schedule established by the BON. An applicant for APRN license renewal shall:

     (1) Submit a renewal application as directed by the board of nursing and remit the

required fee as set forth in regulation;

     (2) Maintain national certification in the appropriate APRN role and at least one

population focus, authorized by licensure, through an ongoing recertification maintenance

program of a nationally recognized certifying body recognized by the board of nursing; and

     (3) Meet other requirements set forth in regulations.

     (f) The board of nursing may reactivate or reinstate an APRN license as set forth in BON

regulation.

 

     5-34-46. Status of current licensees. -- (a) Any person holding a license to practice

nursing as a certified nurse practitioner ,psychiatric clinical nurse specialists, certified registered

nurse anesthetist, as defined in this chapter and chapter 5-34.2, in this state that is valid upon

passage of this chapter shall be deemed to be licensed as an APRN, with his or her current

privileges and shall be eligible for renewal of such license as defined under the provisions of this

chapter and chapter 5-34-2.

     (b) Any person holding a valid license to practice nursing having graduated from an

accredited course of study, actively practicing in an advanced role, and holding a national

certification related to his or her current practice setting as of (effective date of this act), as

defined in chapters 5-35 or 5-34.2, shall be deemed to be eligible for to license as an APRN.

     (c) After August 1, 2013, all new applicants for APRN licensure must meet the stipulated

licensure requirements as stated in this chapter.

 

     5-34-47. Titles and abbreviations. -- (a) Only those persons who hold a license or

privilege to practice as advanced practice registered nurses in this state shall have the right to use

the title "advanced practice registered nurse" and the roles of "certified registered nurse

anesthetist," "clinical nurse specialist" and "certified nurse practitioner;" and the abbreviations

"APRN," "CRNA," "CNS" and "CNP" respectively.

     (b) The abbreviation for the APRN designation of a certified registered nurse anesthetist,

a clinical nurse specialist and for a certified nurse practitioner will be APRN, plus the role title,

i.e., CRNA, CNS, and CNP.

 

     5-34-48. APRN education programs. -- (a) The standards for the establishment and

outcomes of APRN education programs, including clinical learning experiences, shall be set

by APRN national accrediting agencies recognized by the US Department of Education and the

Council for Higher Education Accreditation.

     (b) Compliance with the standards for the APRN program will be evidenced by official

certification of accreditation by the appropriate national accrediting agency, a copy of such shall

be submitted to the Board of Nursing. The Board of Nursing will act as the sole custodian of

record for any and all documentation used to demonstrate such certification by the appropriate

national accrediting agency.

 

     5-34-49. Prescriptive authority. -- (a) The board of nursing shall grant prescribing,

ordering, dispensing and furnishing authority .

     (b) An APRN licensed by the board of nursing may prescribe, order, procure, administer,

dispense and furnish over the counter, legend and controlled substances pursuant to applicable

state and federal laws, when the APRN has completed an educational program as described in this

chapter that includes courses in pathophysiology, pharmacology and physical assessment and is

within the APRNís role and population focus.

     (c) Prescribing, ordering, dispensing and furnishing shall include the authority to:

     (1) Diagnose, prescribe and institute therapy or referrals of patients to health care

agencies, health care providers and community resources;

     (2) Prescribe, procure, administer, dispense and furnish pharmacological agents,

including over the counter, legend and controlled substances; and

     (3) Plan and initiate a therapeutic regimen that includes ordering and prescribing non-

pharmacological interventions, including, but not limited to, durable medical equipment, medical

devices, nutrition, blood and blood products, and diagnostic and supportive services including,

but not limited to, home health care, hospice, and physical and occupational therapy.

     (d) Prescriptive privileges for the certified nurse practitioner shall include all the

authority under the APRN license including:

     (1) Prescription of legend medications and prescription of controlled substances from

schedules II, Ill, IV and V that are established in regulation; and

     (2) May be certified to prescribe controlled substances from Schedule I.

     (e) Prescriptive privileges for APRNs with the population focus of psychiatric/mental

health:

     (1) Shall include prescription of certain psychotropic and certain legend medications,

controlled substances from Schedule II classified as stimulants, and controlled substances from

Schedule III and IV that are prescribed in regulations;

     (2) Shall not include controlled substances from Schedules I, II, and V and those certain

legend medications not included in subdivision (1) of this subsection.

     (f) CRNAs may be granted prescriptive privileges in accordance with the provisions of

chapter 5-34.2.

     (g) Prescriptive privileges for certified clinical nurse specialist shall include:

     (1) Diagnosing, prescribing and instituting therapy or referrals of patients to health care

agencies, health care providers and community resources; and

     (2) Planning and initiating a therapeutic regimen that includes ordering and prescribing

non-pharmacological interventions, including, but not limited to, durable medical equipment,

medical devices, nutrition, blood and blood products, and diagnostic and supportive services

including, but not limited to, home health care, hospice, and physical and occupational therapy;

and

     (3) Prescription of over the counter medications within their population foci.

 

     SECTION 3. Sections 5-34-35, 5-34-36, 5-34-39, 5-34-40.1, 5-34-40.2, 5-34-40.3, 5-34-

40.4 and 5-34-41 of the General Laws in Chapter 5-34 entitled "Nurses" are hereby repealed.

 

     5-34-35. Qualifications of a certified registered nurse practitioner applicant. -- (a)

An applicant for licensure to practice as a certified registered nurse practitioner shall submit to

the board of nurse registration and nursing education written evidence on forms furnished by the

division of professional regulation, verified by oath, that:

      (1) The applicant is a registered nurse who has completed an accredited educational

program resulting in a master's degree in nursing and/or an approved nurse practitioner course of

study. This curriculum must include both a didactic component and supervised clinical

experience. Effective January 1, 2004, all applicants for initial licensure must complete an

accredited educational program resulting in a master's degree with a major in nursing.

      (2) The applicant passed a national qualifying examination recognized by the board of

nurse registration and nursing education.

      (b) A license to practice as a certified registered nurse practitioner may be issued to an

applicant who is licensed by examination or endorsement as a certified registered nurse

practitioner under the laws of another state or territory if, in the opinion of the board, the

applicant meets the qualifications required of certified registered nurse practitioners in this state.

 

     5-34-36. Licensing of certified registered nurse practitioners. -- A license to practice

as a certified nurse practitioner shall be issued if the applicant meets the qualifications for the

certified registered nurse practitioner (R.N.P.). Persons who meet the qualifications of a certified

registered nurse practitioner, as stated in section 5-34-35, and are currently licensed as certified

registered nurse practitioners by examination or endorsement under the laws of another state of

the United States and/or the District of Columbia shall be allowed to practice as certified

registered nurse practitioners in this state for a period not to exceed ninety (90) days from the date

of clearance by the board of nurse registration and nursing education of the department of health,

provided that they are licensed in this state within ninety (90) days. The original privilege to work

ninety (90) days from the date of clearance shall not be extended or renewed.

 

     5-34-39. Process for prescriptive privileges of certified registered nurse practitioner.

-- (a) Prescriptive privileges for the certified registered nurse practitioner:

      (1) Shall be granted under the governance and supervision of the department, board of

nurse registration and nurse education; and

      (2) Shall include prescription of legend medications and prescription of controlled

substances from schedules II, III, IV and V that are established in regulation; and

      (3) Must not include controlled substances from Schedule I.

      (b) To qualify for prescriptive privileges an applicant must submit on forms provided by

the board of nurse registration and nursing education, verified by oath, that the applicant has

evidence of completion of thirty (30) hours of education in pharmacology within the three (3)

year period immediately prior to date of application. To maintain prescriptive privileges the

certified registered nurse practitioner (R.N.P.) must submit upon request of the board of nurse

registration and nursing education evidence of thirty (30) hours continuing education in

pharmacology every six (6) years.

 

     5-34-40.1. Qualifications of a psychiatric and mental health clinical nurse specialist

applicant. -- (a) An applicant for licensure as a psychiatric and mental health clinical nurse

specialist shall submit to the board written evidence on forms furnished by the department of

health, verified by oath, that the applicant:

      (1) Is a registered nurse who has completed an accredited educational program resulting

in a master's degree in psychiatric and mental health nursing; and/or

      (2) Passed a national qualifying examination recognized by the board.

      (b) All persons who are engaged in the practice of a psychiatric and mental health

clinical nurse specialist on July 1, 2003, who meet the definition in section 5-34-3(i) may be

considered to have met the qualifications for licensure providing they have three (3) years

experience acceptable to the board between January 1, 1997, and January 1, 2003. After January

1, 2004, all applicants for initial licensure must complete an accredited educational program

resulting in a master's degree in nursing and must pass a national qualifying examination

recognized by the board.

 

     5-34-40.2. Licensing of psychiatric and mental health clinical nurse specialists. -- A

license to practice as a psychiatric clinical nurse specialist shall be issued if the applicant meets

the qualifications for the psychiatric and mental health clinical nurse specialist. Persons who meet

the qualifications of a psychiatric and mental health clinical nurse specialist, as stated in section

5-34-40.1, and are currently licensed as psychiatric and mental health clinical nurse specialists by

examination or endorsement under the laws of another state or territory of the United States

and/or the District of Columbia shall be allowed to practice as psychiatric and mental health

clinical nurse specialists in this state for a period not to exceed ninety (90) days from the date of

clearance by the board of nurse registration and nursing education of the Rhode Island department

of health, provided that they are licensed in this state within ninety (90) days. The original

privilege to work ninety (90) days from the date of clearance shall not be extended or renewed.

 

     5-34-40.3. Application fee for psychiatric and mental health clinical nurse

specialists. -- The initial application fee for licensure as a psychiatric and mental health clinical

nurse specialist, the renewal fee for a psychiatric and mental health clinical nurse specialist, and

the application fee for prescriptive privileges shall be as set forth in section 23-1-54.

 

     5-34-40.4. Right to use psychiatric and mental health clinical nurse specialist title. --

Any person who holds a license to practice as a psychiatric and mental health clinical nurse

specialist in this state has the right to use the title psychiatric and mental health clinical nurse

specialist and use the abbreviation "P.C.N.S." No other person may assume that title or use that

abbreviation or any other words or letters, signs, figures, or devices to indicate that the person

using it is a psychiatric and mental health clinical nurse specialist.

 

     5-34-41. Process for prescriptive privileges of psychiatric and mental health clinical

nurse specialist. -- (a) Prescriptive privileges for the psychiatric and mental health clinical nurse

specialist:

      (1) Shall be granted under the governance and supervision of the division of professional

regulations, board of nurse registration and nurse education; and

      (2) Shall include prescription of certain psychotropic and certain legend medications,

controlled substances from Schedule II classified as stimulants, and controlled substances from

Schedule IV, that are prescribed in regulations;

      (3) Shall not include controlled substances from Schedules I, II, III and V and those

certain legend medications not included in subdivision (2) of this subsection; and

      (4) Shall be granted for psychiatric and mental health clinical nurse specialists who have

a master's degree in nursing.

      (b) A psychiatric and mental health clinical nurse specialist as stated in section 5-34-3

shall be permitted to prescribe in accordance with annually updated guidelines, written in

collaboration with the medical director or physician consultant of their individual establishments.

      (c) A psychiatric and mental health clinical nurse specialist in independent practice does

not have prescriptive privileges.

      (d) To qualify for prescriptive privileges a psychiatric and mental health clinical nurse

specialist, as stated in section 5-34-3, shall submit on forms provided by the board of nurse

registration and nursing education, verified by oath, that the applicant has evidence of completion

of thirty (30) hours of education in pharmacology of psychotropic drugs and certain legend

medications within the three (3) year period immediately prior to date of application. To maintain

prescriptive privileges the psychiatric and mental health clinical nurse specialist must submit

upon request of the board of nurse registration and nursing education evidence of thirty (30)

hours continuing education in pharmacology of psychotropic drugs every six (6) years.

 

     SECTION 4. Sections 5-34.2-2 and 5-34.2-3 of the General Laws in Chapter 5-34.2

entitled "Nurse Anesthetists" are hereby amended to read as follows:

 

     5-34.2-2. Definitions. -- (a) "Board" means the board of nurse registration and nurse

education established in section 5-34-4.

      (b) "Certified registered nurse anesthetist" (CRNA) means a registered nurse who has

successfully met the requirements stated in this chapter.

      (c) "Practice of certified registered nurse anesthesia" means providing certain health care

services under the supervision of in collaboration with anesthesiologists, licensed physicians, or

licensed dentists in accordance with section 5-31.1-1(16) which requires substantial specialized

knowledge, judgment and skill related to the administration of anesthesia, including preoperative

and postoperative assessment of patients; administering anesthetics; monitoring patients during

anesthesia; management of fluid in intravenous therapy and management of respiratory care. It

also includes, in connection with the immediate perioperative care of a patient, the ability to issue

a medication order for drugs or medications to be administered by a licensed, certified, or

registered health care provider; to order and evaluate laboratory and diagnostic test results and

perform point of care testing that the CRNA is qualified to perform; and order and evaluate

radiographic imaging studies that the CRNA is qualified to order and interpret. For the purposes

of this section, the immediate perioperative care of a patient shall be defined as the period

commencing on the day prior to surgery and ending upon discharge of the patient from post-

anesthesia care. CRNAs shall comply with the requirements set forth in this chapter, including

subsection 5-34.2-5(b) regarding scope of practice, and the requirements set forth in chapter 5-34,

as applicable. In the case of any conflict between this chapter and chapter 5-34 with regard to the

licensure and practice of CRNAs, this chapter shall control.

 

     5-34.2-3. Requirements for licensure of the nurse anesthetist. -- Requirements for

licensure as a nurse anesthetist shall consist of the following:

      (1) Current licensure as a professional registered nurse in the state; and

      (2) Graduation from an educational program accredited by the American Association of

Nurse Anesthetists council on accreditation of nurse anesthesia educational programs or its

predecessors or successors, and which has as its objective preparation of nurses to practice nurse

anesthesia; and

      (3) Initial certification by the American Association of Nurse Anesthetists council on

certification of nurse anesthetists and recertification, as applicable by the American Association

of Nurse Anesthetists council on recertification of nurse anesthetists or their predecessors or

successors.

      (4) The requirements stated in subdivision (3) of this section do not apply to a graduate

nurse anesthetist awaiting initial certification results, providing that initial certification is

accomplished within ninety (90) days upon completion of an accredited nurse anesthesia

educational program.

      (5) The requirements stated in subdivisions (2) and (3) of this section do not apply to a

professional registered nurse who practices nursing in accordance with the provisions of the

Nurse Practice Act, chapter 34 of this title, and who is enrolled as a bona fide student in an

accredited nurse anesthesia program providing nurse anesthesia under the supervision of a

certified registered nurse anesthetist and anesthesiologist.

      (6) Beginning July 21, 1992, all nurse anesthetists shall be afforded the same period of

time to become licensed. Notwithstanding the provisions of this section, no person practicing as a

nurse anesthetist in Rhode Island on July 1, 1991, shall be required to obtain proper certification

under this chapter. However, as required by subdivision (3) of this section, persons who become

certified under this section shall become recertified as applicable.

 

     SECTION 5. This act shall take effect upon passage.

     

=======

LC01636/SUB A

=======