State Regulation of Nurse Practitioner Practice



State Regulation of Nurse Practitioner Practice





The law governing nurse practitioner (NP) definition, scope of practice, prescriptive authority, and requirement of physician collaboration, if any, may be enacted by a state legislature in great detail or in general terms. Alternatively, the state legislature may give authority to a licensing board to make the rules and regulations that will govern NPs.

The likely state board to make the rules regarding NPs is the board of nursing. In many states, the board of nursing makes the rules governing NP practice. In some states, however, the board of medicine has a role. Appendix 3-A lists, for each state, the agency that regulates NPs.


How Laws About NP Practice Evolve

State law takes two forms, statutes and regulations (sometimes referred to as rules). The legislature makes statutory law, and state agencies under the executive branch of government make regulations. Regulations cannot contradict statutes but often expand upon the statutes to include more detail of government administration.

When a member of the public wants to change a statute, the advocate must enlist the help of a state legislator, who can introduce a bill that will change the current statute. When a member of the public wants to change a regulation, the advocate must either convince the state agency that is responsible for the regulation to change the regulation or convince a legislator to introduce a bill that, if enacted, would override the regulation.

When an agency decides to change a regulation, the agency writes a new regulation, publishes the regulation in an official state publication, and invites comments from interested parties. The agency may or may not make changes to the proposed regulation based on comments received from interested parties. A proposed regulation becomes a final regulation—law—after it has been published in proposed form and comments have been reviewed. Final regulations are republished, in final form, in the state’s “register,” an official publication of the state.



What Is Regulated?

Much of the state law governing NPs appears in regulations; some law is statutory. The practice issues that come under state regulation are:



  • Requirements for licensure


  • Scope of practice


  • Prescriptive authority


  • Requirement of collaboration or supervision


  • Basis for license suspension, revocation, or nonrenewal


  • Reimbursement under Medicaid


  • Reimbursement by indemnity insurers


  • Requirements of educational programs


  • Standards of practice

Chapter 1 lists the state law regarding the definition of an NP. Chapter 2 lists the state law regarding the scope of practice of NPs and collaboration requirements. Chapter 5 lists the state law regarding NP prescriptive privileges.


Licensure Requirements

State law governs the requirements for holding a professional license in the state. All states require NPs to hold state licenses as RNs. Thirty-two states require NPs to have master’s degrees. Forty-six states require NPs to have obtained national certification.

Appendix 3-B lists, for each state, the requirements for holding and maintaining an NP license.


Basis for Loss of License

State law, usually a regulation, specifies the criteria under which an NP’s license may be revoked, suspended, or not renewed. Examples of some state laws follow. North Carolina and Pennsylvania make continuation of practice contingent upon following the rules of physician supervision. Rhode Island’s law does not address physician collaboration or supervision but is concerned about practice-related safety issues.

More specific than most, North Carolina’s law enforces the requirement of a nurse practitioner to practice under physician supervision:


… [A]ction may be taken … if one or more of the following is found:



  • That the nurse practitioner held himself or herself out or permitted another to represent the nurse practitioner as a licensed physician;


  • That the nurse practitioner has engaged or attempted to engage in the performance of medical acts other than according to the collaborative practice agreement.

Citation: N.C. ADMIN. CODE tit. 21 r. 36.0812.


In Pennsylvania, approval may be terminated by the board of nursing when, after notice and hearing, the board finds the registrant has “engaged in performance of medical functions and tasks other than at the direction of a physician licensed by the state board of medicine” (with exceptions), or, “the registrant has performed a medical task or function which the registrant is not qualified by education to perform” (49 PA. CODE § 18.81).

In Rhode Island, grounds for revocation/suspension include:



  • Guilty of fraud or deceit in procuring or attempting to procure a license to practice nursing


  • Guilty of a crime of gross immorality


  • Unfit or incompetent by reason of negligence or habits


  • Habitually intemperate or … addicted to one of the habit-forming drugs


  • Mentally incompetent


  • Guilty of unprofessional conduct which includes:



    • Abandonment of a patient


    • Willfully making and filing false reports or records in the practice of nursing


    • Willful omission to file reports or record nursing records or reports as required by law


    • Failure to furnish appropriate details of client’s nursing needs to succeeding nurse legally qualified to provide continuing nursing services to a client


    • Willful disregard of standards and failure to maintain standards of the nursing profession


    • Failure to comply with the provisions of Section 5-34-40(c) of the General Laws, as a nurse practitioner


  • Guilty of willfully or repeatedly violating any of the provisions of the act and/or the rules and regulations adopted thereunder.

Citation: R.I. NURSING RULES § 12.0.







Appendix 3-A

State-by-State Agency That Regulates Nurse Practitioners




ALABAMA: Joint Committee of Board of Medical Examiners and Board of Nursing

ALASKA: Board of Nursing

ARIZONA: Board of Nursing

ARKANSAS: Board of Nursing

CALIFORNIA: Board of Nursing

COLORADO: Board of Nursing

CONNECTICUT: Board of Nursing

DELAWARE: Board of Nursing and Board of Medical Practice

DISTRICT OF COLUMBIA: Board of Nursing

FLORIDA: Board of Nursing

GEORGIA: Board of Nursing

HAWAII: Board of Nursing

IDAHO: Board of Nursing

ILLINOIS: Advanced Practice Nursing Board

INDIANA: Board of Nursing

IOWA: Board of Nursing

KANSAS: Board of Nursing

KENTUCKY: Board of Nursing

LOUISIANA: Board of Nursing

MAINE: Board of Nursing

MARYLAND: Board of Nursing


MASSACHUSETTS: Board of Nursing and Board of Medicine

MICHIGAN: Board of Nursing

MINNESOTA: Board of Nursing

MISSISSIPPI: Board of Nursing

MISSOURI: Board of Nursing

MONTANA: Board of Nursing

NEBRASKA: Board of Nursing

NEVADA: Board of Nursing

NEW HAMPSHIRE: Board of Nursing

NEW JERSEY: Board of Nursing

NEW MEXICO: Board of Nursing

NEW YORK: Board of Nursing

NORTH CAROLINA: Board of Nursing and Board of Medicine

NORTH DAKOTA: Board of Nursing

OHIO: Board of Nursing

OKLAHOMA: Board of Nursing

OREGON: Board of Nursing

PENNSYLVANIA: Board of Nursing

RHODE ISLAND: Board of Nursing regulates practice in general; Division of Professional Regulation, Board of Nursing, regulates prescription writing; Director of Health Department establishes formulary committee

SOUTH CAROLINA: Board of Nursing and Physician Consultant to Board of Nursing

SOUTH DAKOTA: Board of Nursing and Board of Medicine

TENNESSEE: Board of Nursing

TEXAS: Board of Nursing

UTAH: Board of Nursing

VERMONT: Board of Nursing

VIRGINIA: Board of Nursing and Board of Medicine

WASHINGTON: Board of Nursing

WEST VIRGINIA: Board of Nursing

WISCONSIN: Board of Nursing

WYOMING: Board of Nursing






Appendix 3-B

State-by-State Nurse Practitioner Qualifications Required by Law




Alabama



  • RN license


  • Graduation from an organized program of study and clinical experience beyond basic educational preparation as a registered nurse that is recognized by the Board of Nursing and/or the appropriate specialty certifying agency


  • Master’s degree or higher in advanced practice nursing


  • Certification from a national certifying agency recognized by the Board of Nursing

Citation: ALA. ADMIN. CODE r. 610-X-5-.02.


Alaska

Requirements for initial authority to practice:



  • One-year academic course from a formal accredited graduate educational course of study in nursing


  • RN license


  • Certification by a national certifying agency in the specialty area of nursing for which the applicant was educated

Requirement to maintain authority to practice:



  • 30 hours of continuing education every two years

Citation: ALASKA ADMIN. CODE tit. 12, § 44.400.



Arizona

Board of nursing grants NP designation based on the following submission by candidate:



  • RN Arizona registered nurse license in area of specialty


  • Application to Board that has



    • Description of educational background


    • Specification of specialty area


    • Specification of current and past employers


  • Evidence of completion of an RNP program in the specialty area for which the applicant is applying


  • Verification of national certification [for new applicants after July 1, 2004]


  • Statement of whether ever subject to disciplinary action by a board


  • Official transcript from educational institution


  • As of January 1, 2001, master’s degree

Citation: ARIZ. ADMIN. CODE R4-19-505.


Arkansas



  • Evidence of education approved by board


  • National certification approved by board

Citation: ARK. CODE ANN. § 17-87-302.


California



  • RN license


  • Completion of a program of study that conforms to the board standards or


  • Certification by a national or state organization or


  • Documentation of remediation of areas of deficiency in course content and/or clinical experience


  • Verification by a nurse practitioner and by a physician who meet the requirements for faculty members specified in Section 1484(c) of clinical competence in the delivery of primary health care

Citation: CAL. CODE REGS. § 1482.


Colorado



  • Completion of an appropriate graduate degree


  • National certification from a nationally recognized agency


For prescriptive authority:



  • Satisfactory completion of specific educational requirements in the use of controlled substances and prescription drugs, as established by the board, either as part of a degree program or in addition to a degree program …


  • Postgraduate experience as an APN in a relevant clinical setting … consisting of not less than 1800 hours completed within the immediately preceding five-year period


  • Professional liability insurance


  • A mechanism for consultation and referral


  • A quality assurance plan


  • Decision support tools


  • Documentation of ongoing continuing education in pharmacology and safe prescribing

Citation: COLO. REV. CODE ANN. § 12-38-111.5 and 111.6.


Connecticut



  • RN license


  • Certification as NP from a national certifying body


  • 30 hours education in pharmacology for advanced nursing practice


  • If after December 31, 1994, master’s degree

Citation: CONN. GEN. STAT. ANN. § 20-94a(a).


Delaware



  • RN license


  • Master’s or post-basic program certificate in a clinical nursing specialty with national certification


  • If no national certificate is available in the specialty, master’s degree will qualify

Citation: DEL. CODE ANN. tit. 24, § 1902(b)(1).


District of Columbia



  • RN license


  • Good ethical standing within the profession


  • Successful completion of a post-basic education program applicable to the area of practice that is acceptable to the Board or accredited by a national accrediting body that is relevant to the advanced practice registered nurse’s area of practice


  • Pass the examination required by the major

Citation: D.C. STAT. Div. 1, Tit. 3, Subt. I, Ch. 12, Subch. VI, § 3-1206.08.



Florida



  • RN license


  • Malpractice insurance


  • One of the following:



    • Completion of a formal, post-basic educational program of at least one academic year, the purpose of which is to prepare nurses for advanced practice


    • Certification by an appropriate specialty board


    • Graduation from a program leading to a master’s degree

Citation: FLA. STAT. Ch. 464.012.



  • As of July 1, 2006, applicants for certification as an advanced registered nurse practitioner shall submit proof of national advanced practice nurse certification from an approved nursing specialty board.


  • Malpractice insurance or demonstrate proof of financial responsibility … [and] proof as a condition of biennial renewal or reactivation.

Citation: FLA. ADMIN. CODE Ch. 64B9-4.002.


Georgia



  • RN license


  • Graduation from a nurse practitioner education program or a graduatelevel post-master’s certificate in an advanced practiced registered nurse practitioner specialty


  • Certification by the certifying agent of the American Nurses Association (ANA), the Pediatric Nursing Certification Board (PNCB), the Association of Women’s Health, Obstetric and Neonatal Nurses (AWHONN), or the American Academy of Nurse Practitioners (AANP) and authorization to practice by the board


  • Verification of current national certification from the respective Boardrecognized certifying organization


  • A master’s degree in nursing as specified in rule adopted by the board or a current certification for specialized and advanced nursing practice from a national certifying body recognized by the board


  • The applicant must document one of the following within the four (4) years immediately preceding the date of current application:



    • 500 hours of practice as an advanced practice registered nurse


    • graduation from a nursing education program or a graduate level post-master’s certificate in an advanced practice registered nurse practitioner specialty


    • completion of a Georgia Board-approved advanced practice registered nurse reentry/refresher program

Citation: GA. COMP. R. & REGS. § r.410-12-.03.



Hawaii



  • RN license


  • Unencumbered licenses in all other states where licensed


  • One of the following:



    • official complete transcript of the master’s degree in clinical nursing or nursing science sent directly from the school


    • evidence of current certification in the nursing specialty from the recognized national certifying body


    • if currently licensed by the state department of health, evidence of a valid unencumbered license


  • Documentation relating to any disciplinary action ordered by or pending before any board of nursing in any state or jurisdiction of the United States

Citation: HAW. REV. STAT. ANN. § 457-8.5.

Sep 9, 2016 | Posted by in NURSING | Comments Off on State Regulation of Nurse Practitioner Practice

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