Stricken language would be deleted from and underlined language would be added to present law. *JMB037* 04-03-2023 13:13:27 JMB037 State of Arkansas As Engrossed: S3/7/23 H3/13/23 H4/3/23 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 H4/3/23 SB79 2 04-03-2023 13:13:27 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) From another state, territory, or foreign 6 country that authorizes a certified nurse practitioner or a clinical nurse 7 specialist to practice with prescriptiv e authority if the certified nurse 8 practitioner or clinical nurse specialist: 9 (a) Has prescriptive authority in the state, 10 territory, or foreign country; and 11 (b) Provides proof of his or her licensure in 12 good standing from: 13 (1) The state, territory, or foreign 14 country; and 15 (2) The Arkansas State Board of Nursing; 16 and 17 (D) Any other relevant information as determined by the 18 Full Independent Practice Credentialing Committee. 19 (2) A certificate of full independent practice author ity shall 20 be renewed every three (3) years with an appropriate renewal fee as 21 determined by the Full Independent Practice Credentialing Committee. 22 (c) A certified nurse practitioner or a clinical nurse specialist with 23 a certificate of full independent pr actice authority may receive and 24 prescribe drugs, medicines, or therapeutic devices appropriate to the 25 certified nurse practitioner's area of practice or the clinical nurse 26 specialist's area of practice . 27 28 SECTION 2. Arkansas Code § 17 -87-314(e), concerning full independent 29 practice authority of certain nurses, is amended to read as follows: 30 (e) The Full Independent Practice Credentialing Committee shall: 31 (1)(A) Review and approve or deny all applications for a 32 certificate of full independent practice authority for certified nurse 33 practitioners or clinical nurse specialists and for renewal of a certificate 34 of full independent practice authority for a certified nurse practitioner or 35 a clinical nurse specialist . 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79 3 04-03-2023 13:13:27 JMB037 (B) If the Full Independent Practice Credentialing 1 Committee denies an application for a certificate of full independent 2 practice authority, the Full Independent Practice Credentialing Committee 3 shall explain the reasons for the denial in writing to the applicant; 4 (2) Review complaints mad e against certified nurse practitioners 5 or clinical nurse specialists who have a certificate of full independent 6 practice authority; 7 (3) Review recommendations made by the Arkansas State Medical 8 Board and the Arkansas State Board of Nursing and notify the certified nurse 9 practitioner or the clinical nurse specialist of any action taken by the Full 10 Independent Practice Credentialing Com mittee based on the recommendations; 11 (4)(A) If the action taken is suspension or revocation of the 12 certificate of full independent practice authority, hold a hearing providing 13 the certified nurse practitioner or a clinical nurse specialist who has a 14 certificate of full independent practice authority with ten (10) days' notice 15 in writing to appear before the Full Independent Practice Credentialing 16 Committee, at the time and place as the Full Independent Practice 17 Credentialing Committee may direct, to show cause as to why his or her 18 certificate of full independent practice authority should not be suspended or 19 revoked. 20 (B) At the hearing, the Full Independent Practice 21 Credentialing Committee shall: 22 (i)(a) Have the power to subpoena witnesses. 23 (b) The Chair of the Full Independent Practice 24 Credentialing Committee or his or her designee shall sign subpoenas and have 25 the power to administer oaths; 26 (ii) Hear evidence; and 27 (iii)(a) Determine if the certificate of full 28 independent practice authority should be suspended or revoked. 29 (b) If the Full Independent Practice 30 Credentialing Committee determines that the certificate of full independent 31 practice authority should be suspended or revoked, the suspension or 32 revocation shall take plac e immediately. 33 (C) However, only the Arkansas State Board of Nursing has 34 the authority to suspend or revoke the nursing license of a certified nurse 35 practitioner or a clinical nurse specialist ; and 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79 4 04-03-2023 13:13:27 JMB037 (5) Provide reports quarterly and upon request rega rding the 1 number of applicants approved and denied to the Senate Committee on Public 2 Health, Welfare, and Labor and the House Committee on Public Health, Welfare, 3 and Labor. 4 5 SECTION 3. Arkansas Code § 17 -87-314(g)-(h), concerning full 6 independent practice authority of certain nurses, are amended to read as 7 follows: 8 (g) A certified nurse practitioner or a clinical nurse specialist 9 whose certificate of full independent practice authority has been denied, 10 suspended, or revoked by the Full Independent Prac tice Credentialing 11 Committee under this section may appeal the action of the Full Independent 12 Practice Credentialing Committee under the Arkansas Administrative Procedure 13 Act, § 25-15-201 et seq. 14 (h) A certified nurse practitioner or a clinical nurse spe cialist with 15 a certificate of full independent practice authority shall conspicuously 16 identify the certificate of full independent practice authority and that the 17 certified nurse practitioner or the clinical nurse specialist is not required 18 to have a collaborative practice agreement on signage in the office where the 19 certified nurse practitioner or the clinical nurse specialist practices. 20 21 /s/K. Hammer 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36