HB234INTRODUCED
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HB234
X4AUZZ7-1
By Representatives Bedsole, Shirey, Rigsby, Wood (R), Rafferty
RFD: Boards, Agencies and Commissions
First Read: 27-Feb-24
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6 X4AUZZ7-1 02/20/2024 KMS (L)cr 2024-780
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First Read: 27-Feb-24
SYNOPSIS:
Under existing law, the Board of Nursing is
responsible for the licensing and regulation of the
nursing profession in this state.
This bill would revise the membership of the
board to include a certified registered nurse
anesthetist who is approved to engage in advanced
practice nursing.
This bill would also make nonsubstantive,
technical revisions to update existing code language to
current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Board of Nursing; to amend Section
34-21-2, Code of Alabama 1975, to revise the membership of the
board to include a certified registered nurse anesthetist who
is approved to engage in advanced practice nursing; and to
make nonsubstantive, technical revisions to update existing
code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 34-21-2 of the Code of Alabama 1975,
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Section 1. Section 34-21-2 of the Code of Alabama 1975,
is amended to read as follows:
"ยง34-21-2
(a) There is created the Board of Nursing, which shall
be composed of 13 members to be appointed and have the duties
and powers enumerated in this section. The Governor shall
coordinate his or her appointments to assure that the
membership of the board shall be is inclusive and reflect
reflects the racial, gender, geographic, urban/rural urban,
rural, and economic diversity of the state. In order to insure
continuity of administration, the nine board members provided
for by Section 3 of Act 427, Regular Session 1975, shall
continue to serve to the completion of the term for which they
are serving. The Governor, within 60 days of January 1, 1984,
shall appoint a tenth member who shall be a licensed practical
nurse for a term of four years from a list of nominees
furnished him or her by the Alabama Federation of Licensed
Practical Nurses, Incorporated, or its successor organization.
As the terms of all board members expire, their successors
shall be appointed for terms of four years each. Vacancies in
unexpired terms shall be filled in the same manner as original
appointments are made. No member shall be appointed to more
than two consecutive terms of four years each. Eight Six
members of the board shall be licensed professional nurses,
and one member of the board shall be a licensed professional
nurse who is approved to engage in advanced practice nursing
in this state, one member of the board shall be a certified
registered nurse anesthetist who is approved to engage in
advanced practice nursing in this state, four members of the
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advanced practice nursing in this state, four members of the
board shall be licensed practical nurses , and one member of
the board shall be a consumer .
(b)(1) The Governor shall appoint the seven members of
the board who are licensed professional nurses , including the
one licensed professional nurse who is approved to engage in
advanced practice nursing in this state, from a list of
nominees who are selected by the Board of Nursing Nomination
Committee and furnished to the Governor by the Alabama State
Nurses Association, or its successor organization, and the
list, when furnished, shall contain at least twice the number
of nominees as there are appointments to be made or vacancies
to be filled. The Alabama State Nurses Association, or its
successor organization, on or before December 1 of each year,
or at such other times time as necessary, shall furnish the
Governor with a list of licensed professional nurses qualified
for appointment to the board. In the nominating and appointing
process, due care shall be taken to ensure the maintenance of
qualified representation from the fields of nursing education,
nursing administration, clinical nursing, and advanced
practice nursing.
(2) The Governor shall appoint the one member of the
board who is a certified registered nurse anesthetist who is
approved to engage in advanced practice nursing in this state
from a list of at least two nominees furnished to the Governor
by the Board of Directors of the Alabama Association of Nurse
Anesthetists, or its successor organization. The list of
qualified certified registered nurse anesthetists shall be
furnished to the Governor on or before December 1 of each year
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furnished to the Governor on or before December 1 of each year
in which the term of office of the member or a nominee of the
Board of Directors of the Alabama Association of Nurse
Anesthetists, or its successor organization, shall expire, or
at such other time as necessary, for an initial appointment to
the board beginning January 1, 2025.
(2)(3) The Governor shall appoint two of the four
members of the board who are to be licensed practical nurses
from a list of nominees furnished him or her by the Board of
Directors of the Licensed Practical Nurses Association of
Alabama, or its successor organization, and the list, when
furnished, shall contain at least twice the number of nominees
for the vacancies to be filled. The Board of Directors of the
Licensed Practical Nurses Association of Alabama, or its
successor organization, on or before December 1 of each year
in which the term of office of a board member or a nominee of
the Board of Directors of the Licensed Practical Nurses
Association of Alabama shall expire, or at such other time as
necessary, shall furnish the Governor with the list of
licensed practical nurses qualified for appointment to the
board.
(3)(4) The Governor shall appoint two of the four
members on of the board who are to be licensed practical
nurses from a list of nominees furnished him or her by the
Board of Directors of the Alabama Federation of Licensed
Practical Nurses, Incorporated, or its successor organization,
and the list, when furnished, shall contain at least twice the
number of nominees for the vacancies to be filled. The Board
of Directors of the Alabama Federation of Licensed Practical
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of Directors of the Alabama Federation of Licensed Practical
Nurses, Incorporated, or its successor organization, on or
before December 1 of each year in which the term of office of
the a board member filled by the nominee of the board of
directors Board of Directors of the Alabama Federation of
Licensed Practical Nurses, Incorporated, or its successor
organization, shall expire, or at such other times time as
necessary, shall furnish the Governor with a list of licensed
practical nurses qualified for appointment to the board.
(c) The Governor may remove any member from the board
for neglect of duty of the board, incompetency, or
unprofessional or dishonorable conduct.
(d) Each person individual appointed to the board as a
licensed professional nurse shall be a citizen of the United
States, a resident of the State of Alabama this state, and
have all of these the following additional qualifications:
(1) Be a graduate of a state-approved educational
program for the preparation of practitioners of professional
nursing.
(2) Be a currently licensed professional nurse in
Alabama this state.
(3) Have a minimum of five years' successful nursing
experience in an administrative, teaching, clinical capacity,
or advanced practice.
(4) Be actively engaged in professional nursing in this
state immediately preceding and during appointment.
(e) Each person individual appointed to the board as a
licensed practical nurse shall be a citizen of the United
States, a resident of the State of Alabama, and have all of
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States, a resident of the State of Alabama, and have all of
these the following additional qualifications:
(1) Hold a diploma from an accredited high school or
its equivalent.
(2) Be a graduate of a state-approved vocational
educational program for the preparation of practitioners of
licensed practical nursing.
(3) Be a currently licensed practical nurse in Alabama
this state.
(4) Have a minimum of five years' successful nursing
experience.
(5) Be actively engaged in licensed practical nursing
in this state immediately preceding and during appointment.
(f) There shall be one The consumer member of the board
who is a consumer and who is may not be a member of any of the
health care professions. The consumer member shall be
appointed by the Governor effective January 1, 1998, and shall
serve for a term of four years. His or her successor shall be
appointed in a like manner at the expiration of each term or
upon a vacancy for the remainder of an unexpired term of
office. The consumer member of the board shall have, presently
or formerly, shall have no direct financial interest in any
health care facility, profession, agency, or insurer, or be,
or have been, a health care worker.
(g) There shall be two advanced practice nurse
positions to be filled effective January 1, 1998, in the same
manner as all other professional nurse positions. One advanced
practice nurse position shall be served for an initial
five-year term and successors shall serve four-year terms. The
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five-year term and successors shall serve four-year terms. The
remaining member appointed to an advance practice nurse
position shall serve an initial four-year term and successors
shall serve four-year terms.
(h)(g) All members of the board shall enjoy immunity
from individual civil liability while acting within the scope
of their duties as board members.
(i) The board shall have the following powers and
perform the following duties: It (h) The board shall meet at
least once a year and shall, at its organizational meeting and
at its annual meetings thereafter, shall elect from its
members a president, a vice president, and a secretary. It The
board may hold such other and additional meetings during any
year as it the board deems necessary for the transaction of
business. A majority of the board, including one officer,
shall constitute a quorum at any meeting.
(j)(i) The board may do any of the following :
(1) Adopt and, from time to time, revise such rules,
not inconsistent with the law, as may be necessary to carry
out this chapter.
(2) Prescribe standards and approve curricula for
nursing educational programs preparing persons individuals for
licensure licensing under this chapter.
(3) Provide for surveys and evaluations of such
programs at such times as it the board may deem necessary.
(4) Approve such nursing educational programs as meet
that satisfy the requirements of this chapter and the board.
Nothing in this chapter shall be construed to diminish the
power of the State Board of Education or any other
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power of the State Board of Education or any other
constitutionally or legislatively established state agencies
agency to govern the schools under their respective
jurisdictions.
(5) Deny or withdraw approval from educational programs
for failure to meet satisfy prescribed standards. Withdrawal
of approval shall be effected only after a hearing in
accordance with board rules.
(6) Examine, license, and renew the licenses of duly
qualified applicants and require employers to submit listings
of personnel covered by this chapter to the board upon request
including, but not limited to, personnel practicing nursing in
Alabama under a multistate license, a single state license, or
a multistate licensure licensing privilege. The board may
issue qualified applicants either a single state license or a
multistate license.
(7) Adopt and, from time to time, revise rules
providing standards including, but not limited to, scope of
practice for student nurse apprenticeships and the issuance of
student nurse apprentice permits by the board to eligible
students.
(8) Adopt and, from time to time, revise rules
providing standards including, but not limited to, scope of
practice for certified medication assistants and the issuance
of certified medication assistant permits by the board to
eligible applicants. For purposes of this chapter, a certified
medication assistant is an unlicensed assistive personnel
individual who has successfully completed a board-approved
curriculum for assistance with medications, or a comparable
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curriculum for assistance with medications, or a comparable
program in another state, and who holds a valid certification
as a medication assistant , and who has been issued a permit
pursuant to this chapter . Practice by a certified medication
assistant is limited to employment in health care or
educational facilities that are licensed, certified, or
operated by this state.
(9) Conduct investigations, hearings, and proceedings
concerning alleged violations of this section chapter or of
the rules of the board.
(10) Have the power to issue Issue subpoenas, compel
the attendance of witnesses, and administer oaths to persons
individuals giving testimony at hearings.
(11) Cause the prosecution of all persons any
individual violating this chapter and incur such necessary
expenses therefor.
(12) Keep a public record of all of its proceedings.
(13) Keep a register of all licensees.
(14) Make an annual report to the Governor.
(15) Appoint and employ a qualified person individual,
not subject to the state Merit System , who shall not be nor a
member of the board, to serve as the executive officer and
administrator and commissioner of the Enhanced Nurse Licensure
Compact for Alabama.
(16) Define the duties and fix the compensation of the
executive officer and administrator and commissioner of the
Enhanced Nurse Licensure Compact for Alabama, with the
approval of the Governor and the State Personnel Board as
provided in Section 36-6-6.
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provided in Section 36-6-6.
(17) Employ such other persons other individuals as may
be necessary to carry on the work of the board and provide for
appropriate bonding of employees. Regular employees of the
board shall be employed subject to the state Merit System in
effect on January 1, 1966, or at the time of employment.
(18) Employ consultants, specialists, counsel, or other
specially qualified persons individuals under contract or on a
part-time basis to assist it the board in administering this
chapter and without regard to the state Merit System in effect
on or after January 1, 1966 , and pay for the services of such
persons those individuals .
(19) Accept gifts and grants upon terms and conditions
imposed by it through official resolutions.
(20) Perform such other duties, not inconsistent with
law, as required by this chapter to foster and improve nursing
and, the regulation thereof of the practice of nursing, and
the public health of this state.
(21) Expend funds of the board in exercising its board
powers and duties and in administering this chapter.
(22) Determine and collect reasonable fees.
(23) Adopt standards for registered and practical
nursing practice and for continued competency of licensees.
(24) Join organizations that develop and regulate the
national nursing licensure licensing examinations and promote
the improvement of the legal standards of the practice of
nursing for the protection of the public health, safety, and
welfare.
(k)(j) The executive officer employed by the board
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(k)(j) The executive officer employed by the board
shall be a citizen of the United States, a person an
individual of the highest integrity, and possess these all of
the following additional qualifications:
(1) Be a licensed professional nurse in Alabama or
eligible for licensure, be licensing.
(2) Be a graduate of a professional nursing program
approved by the state in which the program was completed ,
hold.
(3) Hold a master's degree , and have.
(4) Have had a varied experience in nursing, including
at least five years' experience in an administrative or
teaching capacity.
(l)(k) The executive officer shall be bonded for the
faithful performance of the duties of the office in the sum of
not less than five thousand dollars ($5,000), and the premium
of the bond shall be paid out of the funds of the board.
(m)(l) Each member of the board shall receive the same
per diem and travel allowance as is paid by law to state
employees for each day's attendance at the board meetings
incurred in the discharge of his or her duties as a board
member in addition to any daily compensation or allowance, if
any, as may be provided by the board, in such any amount as
may be determined by the board. Any member of the board
engaged in duties under the direction of the board shall
receive the per diem and travel expenses and daily
compensation or allowance authorized by the board.
(n)(m) Nothing in this chapter shall limit the rights
of affected parties to appeal decisions of the board with
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of affected parties to appeal decisions of the board with
regard to rules adopted pursuant to this chapter.
(o)(n) Participation by the state in the compact
provided in Article 7 shall be subject to review and
evaluation by the Sunset Committee pursuant to Chapter 20 of
Title 41, with the first review occurring in 2024. The Sunset
Committee shall determine whether continued participation in
the compact is in the best interests of the board or the
licensees of the board. The Sunset Committee shall also review
and evaluate participation in the compact within one year
after the occurrence of any of the following:
(1) The annual assessment charged the board for
participation in the compact exceeds one-half of one percent
of the gross revenue of the board for the fiscal year
immediately preceding the levying of the annual assessment.
(2) The state, the board, or members or employees of
the state or board are named defendants in a suit brought in
any court of law or equity by the Interstate Commission of
Nurse Licensure Compact Administrators pursuant to Article 7.
(3) The passage of a resolution by either house of the
Legislature requesting review pursuant to subsection (d) of
Section 41-20-3(d)."
Section 2. This act shall become effective on October
1, 2024.
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