Stricken language would be deleted from and underlined language would be added to present law. *JMB037* 03-13-2023 09:44:25 JMB037 State of Arkansas As Engrossed: S3/7/23 H3/13/23 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 prescriptive authority without a col laborative 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 As Engrossed: S3/7/23 H3/13/23 SB79 2 03-13-2023 09:44:25 JMB037 Full Independent Practice Credentialing Committee; 1 (C) Proof of successful completion of six thousand two 2 hundred forty (6,240) hours of practice : 3 (i) Under under a collaborative practice agreement a 4 board-required agreement 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 with prescriptive authority if the certified nurse practitioner 8 or the clinical nurse specialist also provides proof of his or her licensure 9 in good standing from that state, territory, or foreign country and proof of 10 his or her licensure in good standing from the Arkansas State Board of 11 Nursing; and 12 (D) Any other relevant information as determined by the 13 Full Independent Practice Credentialing Committee. 14 (2) A certificate of full independent practice authority shall 15 be renewed every three (3) years with an appropriat e renewal fee as 16 determined by the Full Independent Practice Credentialing Committee. 17 (c) A certified nurse practitioner or a clinical nurse specialist with 18 a certificate of full independent practice authority may receive and 19 prescribe drugs, medicines, or therapeutic devices appropriate to the 20 certified nurse practitioner's area of practice or the clinical nurse 21 specialist's area of practice . 22 23 SECTION 2. Arkansas Code § 17 -87-314(e), concerning full independent 24 practice authority of certain nurses, is amended to read as follows: 25 (e) The Full Independent Practice Credentialing Committee shall: 26 (1)(A) Review and approve or deny all applications for a 27 certificate of full independent practice authority for certified nurse 28 practitioners or clinical nurse specialists and for renewal of a certificate 29 of full independent practice authority for a certified nurse practitioner or 30 a clinical nurse specialist . 31 (B) If the Full Independent Practice Credentialing 32 Committee denies an application for a certificat e of full independent 33 practice authority, the Full Independent Practice Credentialing Committee 34 shall explain the reasons for the denial in writing to the applicant; 35 (2) Review complaints made against certified nurse practitioners 36 As Engrossed: S3/7/23 H3/13/23 SB79 3 03-13-2023 09:44:25 JMB037 or clinical nurse spec ialists who have a certificate of full independent 1 practice authority; 2 (3) Review recommendations made by the Arkansas State Medical 3 Board and the Arkansas State Board of Nursing and notify the certified nurse 4 practitioner or the clinical nurse speciali st of any action taken by the Full 5 Independent Practice Credentialing Committee based on the recommendations; 6 (4)(A) If the action taken is suspension or revocation of the 7 certificate of full independent practice authority, hold a hearing providing 8 the certified nurse practitioner or a clinical nurse specialist who has a 9 certificate of full independent practice authority with ten (10) days' notice 10 in writing to appear before the Full Independent Practice Credentialing 11 Committee, at the time and place as the Full Independent Practice 12 Credentialing Committee may direct, to show cause as to why his or her 13 certificate of full independent practice authority should not be suspended or 14 revoked. 15 (B) At the hearing, the Full Independent Practice 16 Credentialing Committee shall: 17 (i)(a) Have the power to subpoena witnesses. 18 (b) The Chair of the Full Independent Practice 19 Credentialing Committee or his or her designee shall sign subpoenas and have 20 the power to administer oaths; 21 (ii) Hear evidence; and 22 (iii)(a) Determine if the certificate of full 23 independent practice authority should be suspended or revoked. 24 (b) If the Full Independent Practice 25 Credentialing Committee determines that the certificate of full independent 26 practice authority sho uld be suspended or revoked, the suspension or 27 revocation shall take place immediately. 28 (C) However, only the Arkansas State Board of Nursing has 29 the authority to suspend or revoke the nursing license of a certified nurse 30 practitioner or a clinical nurse specialist; and 31 (5) Provide reports quarterly and upon request regarding the 32 number of applicants approved and denied to the Senate Committee on Public 33 Health, Welfare, and Labor and the House Committee on Public Health, Welfare, 34 and Labor. 35 36 As Engrossed: S3/7/23 H3/13/23 SB79 4 03-13-2023 09:44:25 JMB037 SECTION 3. Arkansas Code § 17 -87-314(g)-(h), concerning full 1 independent practice authority of certain nurses, are amended to read as 2 follows: 3 (g) A certified nurse practitioner or a clinical nurse specialist 4 whose certificate of full independent practice auth ority has been denied, 5 suspended, or revoked by the Full Independent Practice Credentialing 6 Committee under this section may appeal the action of the Full Independent 7 Practice Credentialing Committee under the Arkansas Administrative Procedure 8 Act, § 25-15-201 et seq. 9 (h) A certified nurse practitioner or a clinical nurse specialist with 10 a certificate of full independent practice authority shall conspicuously 11 identify the certificate of full independent practice authority and that the 12 certified nurse prac titioner or the clinical nurse specialist is not required 13 to have a collaborative practice agreement on signage in the office where the 14 certified nurse practitioner or the clinical nurse specialist practices. 15 16 /s/K. Hammer 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36