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.
Completed application prescribed by the board
Proof of unencumbered license as RN in other states
Official complete transcript of master’s degree in clinical nursing or nursing science or evidence of current certification in the nursing specialty sent from a recognized national certifying bodyStay updated, free articles. Join our Telegram channel
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