HB128ENGROSSED
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HB128
3Y6JVVZ-2
By Representatives Rafferty, Wilcox
RFD: Boards, Agencies and Commissions
First Read: 04-Feb-25
PFD: 03-Feb-25
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PFD: 03-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to the Alabama Sunset Law; to continue the
existence and functioning of the Board of Nursing until
October 1, 2029, with certain modifications; to amend Section
34-21-2, Code of Alabama 1975, as last amended by Act
2024-250, 2024 Regular Session, to require that a board member
resides in and be appointed from each congressional district
in this state and that any remaining members be appointed from
the state at-large.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the Alabama Sunset Law, the
Sunset Committee recommends the continuance of the Board of
Nursing until October 1, 2029, with additional recommendation
for statutory change as set out in Section 3.
Section 2. The existence and functioning of the Board
of Nursing, created and functioning pursuant to Sections
34-21-1 to 34-21-155, inclusive, Code of Alabama 1975, is
continued until October 1, 2029, and those code sections are
expressly preserved.
Section 3. Section 34-21-2, Code of Alabama 1975, as
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Section 3. Section 34-21-2, Code of Alabama 1975, as
last amended by Act 2024-250, 2024 Regular Session, 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 is inclusive and reflects the racial,
gender, geographic, urban, rural, and economic diversity of
the state. Commencing on June 1, 2025, as the terms of the
members serving on the board expire, the membership of the
board shall be appointed so that one member resides in and is
appointed from each congressional district in this state with
the remaining members being appointed from the state at-large.
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. Six members of
the board shall be licensed professional nurses, 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 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
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(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 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
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
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Anesthetists, or its successor organization, shall expire, or
at such other time as necessary, for an initial appointment to
the board beginning January 1, 2026.
(3) The Governor shall appoint two of the four members
of the board who are 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.
(4) The Governor shall appoint two of the four members
of the board who are 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 Nurses, Incorporated, or its
successor organization, on or before December 1 of each year
in which the term of office of a board member filled by the
nominee of the Board of Directors of the Alabama Federation of
Licensed Practical Nurses, Incorporated, or its successor
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Licensed Practical Nurses, Incorporated, or its successor
organization, shall expire, or at such other 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 individual appointed to the board as a
licensed professional nurse shall be a citizen of the United
States, a resident of this state, and have all of 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 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 individual appointed to the board as a
licensed practical nurse shall be a citizen of the United
States, a resident of this state, and have all of 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
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educational program for the preparation of practitioners of
licensed practical nursing.
(3) Be a currently licensed practical nurse in 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) The consumer member of the board may not be a
member of any of the health care professions. The consumer
member shall be appointed by the Governor 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, 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) All members of the board shall enjoy immunity from
individual civil liability while acting within the scope of
their duties as board members.
(h) The board shall meet at least once a year and, at
its organizational meeting and at its annual meetings
thereafter, shall elect from its members a president, a vice
president, and a secretary. The board may hold other and
additional meetings during any year as the board deems
necessary for the transaction of business. A majority of the
board, including one officer, shall constitute a quorum at any
meeting.
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meeting.
(i) The board may do any of the following:
(1) Adopt and revise 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 individuals for
licensing under this chapter.
(3) Provide for surveys and evaluations of programs at
times as the board may deem necessary.
(4) Approve nursing educational programs 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 constitutionally or
legislatively established state agency to govern the schools
under their respective jurisdictions.
(5) Deny or withdraw approval from educational programs
for failure to 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
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 licensing privilege. The board may issue
qualified applicants either a single state license or a
multistate license.
(7) Adopt and revise rules providing standards
including, but not limited to, scope of practice for student
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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 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 individual who has successfully completed a board-approved
curriculum for assistance with medications, or a comparable
program in another state, 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) Adopt and revise rules providing standards
including, but not limited to, scope of practice for certified
nursing support technicians and the issuance of permits by the
board to eligible applicants. For purposes of this chapter, a
certified nursing support technician is an individual who has
successfully completed a board-approved curriculum for
performing supportive nursing services, or a comparable
program in another state, and who has passed a board-approved
examination and has been issued a permit pursuant to this
chapter. Supportive nursing services do not require the
exercise of nursing judgement. A nursing support technician
performs supportive nursing services under the supervision of
a licensed nurse.
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a licensed nurse.
(10) Conduct investigations, hearings, and proceedings
concerning alleged violations of this chapter or of the rules
of the board.
(11) Issue subpoenas, compel the attendance of
witnesses, and administer oaths to individuals giving
testimony at hearings.
(12) Cause the prosecution of any individual violating
this chapter and incur necessary expenses therefor.
(13) Keep a public record of all of its proceedings.
(14) Keep a register of all licensees.
(15) Make an annual report to the Governor.
(16) Appoint and employ a qualified individual, not
subject to the state Merit System nor a member of the board,
to serve as the executive officer and administrator and
commissioner of the Enhanced Nurse Licensure Compact for
Alabama.
(17) 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.
(18) Employ 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 at the
time of employment.
(19) Employ consultants, specialists, counsel, or other
specially qualified individuals under contract or on a
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specially qualified individuals under contract or on a
part-time basis to assist the board in administering this
chapter and without regard to the state Merit System, and pay
for the services of those individuals.
(20) Accept gifts and grants upon terms and conditions
imposed by it through official resolutions.
(21) Perform other duties, not inconsistent with law,
as required by this chapter to foster and improve nursing, the
regulation of the practice of nursing, and the public health
of this state.
(22) Expend funds of the board in exercising board
powers and duties and in administering this chapter.
(23) Determine and collect reasonable fees.
(24) Adopt standards for registered and practical
nursing practice and for continued competency of licensees.
(25) Join organizations that develop and regulate the
national nursing 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.
(j) The executive officer employed by the board shall
be a citizen of the United States, an individual of the
highest integrity, and possess all of the following additional
qualifications:
(1) Be a licensed professional nurse in Alabama or
eligible for licensing.
(2) Be a graduate of a professional nursing program
approved by the state in which the program was completed.
(3) Hold a master's degree.
(4) Have had a varied experience in nursing, including
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(4) Have had a varied experience in nursing, including
at least five years' experience in an administrative or
teaching capacity.
(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.
(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 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.
(m) Nothing in this chapter shall limit the rights of
affected parties to appeal decisions of the board with regard
to rules adopted pursuant to this chapter.
(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:
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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 Section 41-20-3(d)."
Section 4. The Legislature concurs in the
recommendation of the Sunset Committee as provided in Sections
1, 2, and 3.
Section 5. This act shall become effective on June 1,
2025.
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2025.
House of Representatives
Read for the first time and referred
to the House of Representatives
committee on Boards, Agencies and
Commissions
................04-Feb-25
Read for the second time and placed
on the calendar:
0 amendments
................05-Feb-25
Read for the third time and passed
as amended
Yeas 103
Nays 0
Abstains 0
................06-Feb-25
John Treadwell
Clerk
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