Stricken language would be deleted from and underlined language would be added to present law. *JMB037* 1/19/2023 9:52:58 AM JMB037 State of Arkansas 1 94th General Assembly A Bill 2 Regular Session, 2023 SENATE BILL 79 3 4 By: Senator K. Hammer 5 By: Representative L. Johnson 6 7 For An Act To Be Entitled 8 AN ACT TO ALLOW FULL INDEPENDENT PRACTICE AUTHORITY 9 FOR CLINICAL NURSE S PECIALISTS; TO AUTHO RIZE 10 EXPERIENCE IN ANOTHE R STATE TO QUALIFY F OR FULL 11 INDEPENDENT PRACTICE AUTHORITY; AND FOR O THER 12 PURPOSES. 13 14 15 Subtitle 16 TO ALLOW FULL INDEPENDENT PRACTICE 17 AUTHORITY FOR CLINICAL NURSE SPECIALISTS; 18 AND TO ALLOW EXPERIENCE IN ANOTHER STATE 19 TO QUALIFY. 20 21 22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 24 SECTION 1. Arkansas Code § 17 -87-314(a)-(c), concerning full 25 independent practice authority of certain nurses, are amended to read as 26 follows: 27 (a) As used in this section, “full independent practice authority” 28 means the ability of a certified nurse practitioner or a clinical nurse 29 specialist to practice with presc riptive authority without a collaborative 30 practice agreement as described in § 17 -87-310. 31 (b)(1) The Full Independent Practice Credentialing Committee may grant 32 a certificate of full independent practice authority to a certified nurse 33 practitioner or a clinical nurse specialist who submits: 34 (A) An application; 35 (B) An appropriate application fee as determined by the 36 SB79 2 1/19/2023 9:52:58 AM JMB037 Full Independent Practice Credentialing Committee; 1 (C) Proof of successful completion of six thousand two 2 hundred forty (6,240) ho urs of practice: 3 (i) Under under a collaborative practice agreement 4 with a physician; or 5 (ii) In another state, territory, or foreign country 6 that authorizes a certified nurse practitioner or a clinical nurse specialist 7 to practice if the certifi ed nurse practitioner or the clinical nurse 8 specialist also provides proof of his or her licensure in good standing from 9 that state, territory, or foreign country and proof of his or her licensure 10 in good standing from the Arkansas State Board of Nursing; and 11 (D) Any other relevant information as determined by the 12 Full Independent Practice Credentialing Committee. 13 (2) A certificate of full independent practice authority shall 14 be renewed every three (3) years with an appropriate renewal fee as 15 determined by the Full Independent Practice Credentialing Committee. 16 (c) A certified nurse practitioner or a clinical nurse specialist with 17 a certificate of full independent practice authority may receive and 18 prescribe drugs, medicines, or therapeutic devices a ppropriate to the 19 certified nurse practitioner's area of practice or the clinical nurse 20 specialist's area of practice . 21 22 SECTION 2. Arkansas Code § 17 -87-314(e), concerning full independent 23 practice authority of certain nurses, is amended to read as follo ws: 24 (e) The Full Independent Practice Credentialing Committee shall: 25 (1)(A) Review and approve or deny all applications for a 26 certificate of full independent practice authority for certified nurse 27 practitioners or clinical nurse specialists and for renewal of a certificate 28 of full independent practice authority for a certified nurse practitioner or 29 a clinical nurse specialist . 30 (B) If the Full Independent Practice Credentialing 31 Committee denies an application for a certificate of full independent 32 practice authority, the Full Independent Practice Credentialing Committee 33 shall explain the reasons for the denial in writing to the applicant; 34 (2) Review complaints made against certified nurse practitioners 35 or clinical nurse specialists who have a certificate of full independent 36 SB79 3 1/19/2023 9:52:58 AM JMB037 practice authority; 1 (3) Review recommendations made by the Arkansas State Medical 2 Board and the Arkansas State Board of Nursing and notify the certified nurse 3 practitioner or the clinical nurse specialist of any action taken b y the Full 4 Independent Practice Credentialing Committee based on the recommendations; 5 (4)(A) If the action taken is suspension or revocation of the 6 certificate of full independent practice authority, hold a hearing providing 7 the certified nurse practiti oner or a clinical nurse specialist who has a 8 certificate of full independent practice authority with ten (10) days' notice 9 in writing to appear before the Full Independent Practice Credentialing 10 Committee, at the time and place as the Full Independent Pra ctice 11 Credentialing Committee may direct, to show cause as to why his or her 12 certificate of full independent practice authority should not be suspended or 13 revoked. 14 (B) At the hearing, the Full Independent Practice 15 Credentialing Committee shall: 16 (i)(a) Have the power to subpoena witnesses. 17 (b) The Chair of the Full Independent Practice 18 Credentialing Committee or his or her designee shall sign subpoenas and have 19 the power to administer oaths; 20 (ii) Hear evidence; and 21 (iii)(a) Determine if the certificate of full 22 independent practice authority should be suspended or revoked. 23 (b) If the Full Independent Practice 24 Credentialing Committee determines that the certificate of full independent 25 practice authority should be suspended or revo ked, the suspension or 26 revocation shall take place immediately. 27 (C) However, only the Arkansas State Board of Nursing has 28 the authority to suspend or revoke the nursing license of a certified nurse 29 practitioner or a clinical nurse specialist ; and 30 (5) Provide reports quarterly and upon request regarding the 31 number of applicants approved and denied to the Senate Committee on Public 32 Health, Welfare, and Labor and the House Committee on Public Health, Welfare, 33 and Labor. 34 35 SECTION 3. Arkansas Code § 17 -87-314(g)-(h), concerning full 36 SB79 4 1/19/2023 9:52:58 AM JMB037 independent practice authority of certain nurses, are amended to read as 1 follows: 2 (g) A certified nurse practitioner or a clinical nurse specialist 3 whose certificate of full independent practice authority has been denied, 4 suspended, or revoked by the Full Independent Practice Credentialing 5 Committee under this section may appeal the action of the Full Independent 6 Practice Credentialing Committee under the Arkansas Administrative Procedure 7 Act, § 25-15-201 et seq. 8 (h) A certified nurse practitioner or a clinical nurse specialist with 9 a certificate of full independent practice authority shall conspicuously 10 identify the certificate of full independent practice authority and that the 11 certified nurse practitioner or the clinical nurse specialist is not required 12 to have a collaborative practice agreement on signage in the office where the 13 certified nurse practitioner or the clinical nurse specialist practices. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36