Arkansas 2023 Regular Session

Arkansas Senate Bill SB79 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
2-Act 872 of the Regular Session
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54 State of Arkansas As Engrossed: S3/7/23 H3/13/23 H4/3/23 1
65 94th General Assembly A Bill 2
76 Regular Session, 2023 SENATE BILL 79 3
87 4
98 By: Senator K. Hammer 5
109 By: Representative L. Johnson 6
1110 7
1211 For An Act To Be Entitled 8
1312 AN ACT TO ALLOW FULL INDEPENDENT PRACTICE AUTHORITY 9
1413 FOR CLINICAL NURSE S PECIALISTS; TO AUTHO RIZE 10
1514 EXPERIENCE IN ANOTHE R STATE TO QUALIFY F OR FULL 11
1615 INDEPENDENT PRACTICE AUTHORITY; AND FOR O THER 12
1716 PURPOSES. 13
1817 14
1918 15
2019 Subtitle 16
2120 TO ALLOW FULL INDEPENDENT PRACTICE 17
2221 AUTHORITY FOR CLINICAL NURSE SPECIALISTS; 18
2322 AND TO ALLOW EXPERIENCE IN ANOTHER STATE 19
2423 TO QUALIFY. 20
2524 21
2625 22
2726 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2827 24
2928 SECTION 1. Arkansas Code § 17 -87-314(a)-(c), concerning full 25
3029 independent practice authority of certain nurses, are amended to read as 26
3130 follows: 27
3231 (a) As used in this section, “full independent practice authority” 28
3332 means the ability of a certified nurse practitioner or a clinical nurse 29
3433 specialist to practice with prescriptive authority without a col laborative 30
3534 practice agreement as described in § 17 -87-310. 31
3635 (b)(1) The Full Independent Practice Credentialing Committee may grant 32
3736 a certificate of full independent practice authority to a certified nurse 33
3837 practitioner or a clinical nurse specialist who submits: 34
3938 (A) An application; 35
4039 (B) An appropriate application fee as determined by the 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79
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4544 Full Independent Practice Credentialing Committee; 1
4645 (C) Proof of successful completion of six thousand two 2
4746 hundred forty (6,240) hours of practice : 3
4847 (i) Under under a collaborative practice agreement a 4
4948 board-required agreement with a physician; or 5
5049 (ii) From another state, territory, or foreign 6
5150 country that authorizes a certified nurse practitioner or a clinical nurse 7
5251 specialist to practice with prescriptiv e authority if the certified nurse 8
5352 practitioner or clinical nurse specialist: 9
5453 (a) Has prescriptive authority in the state, 10
5554 territory, or foreign country; and 11
5655 (b) Provides proof of his or her licensure in 12
5756 good standing from: 13
5857 (1) The state, territory, or foreign 14
5958 country; and 15
6059 (2) The Arkansas State Board of Nursing; 16
6160 and 17
6261 (D) Any other relevant information as determined by the 18
6362 Full Independent Practice Credentialing Committee. 19
6463 (2) A certificate of full independent practice author ity shall 20
6564 be renewed every three (3) years with an appropriate renewal fee as 21
6665 determined by the Full Independent Practice Credentialing Committee. 22
6766 (c) A certified nurse practitioner or a clinical nurse specialist with 23
6867 a certificate of full independent pr actice authority may receive and 24
6968 prescribe drugs, medicines, or therapeutic devices appropriate to the 25
7069 certified nurse practitioner's area of practice or the clinical nurse 26
7170 specialist's area of practice . 27
7271 28
7372 SECTION 2. Arkansas Code § 17 -87-314(e), concerning full independent 29
7473 practice authority of certain nurses, is amended to read as follows: 30
7574 (e) The Full Independent Practice Credentialing Committee shall: 31
7675 (1)(A) Review and approve or deny all applications for a 32
7776 certificate of full independent practice authority for certified nurse 33
7877 practitioners or clinical nurse specialists and for renewal of a certificate 34
7978 of full independent practice authority for a certified nurse practitioner or 35
8079 a clinical nurse specialist . 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79
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8584 (B) If the Full Independent Practice Credentialing 1
8685 Committee denies an application for a certificate of full independent 2
8786 practice authority, the Full Independent Practice Credentialing Committee 3
8887 shall explain the reasons for the denial in writing to the applicant; 4
8988 (2) Review complaints mad e against certified nurse practitioners 5
9089 or clinical nurse specialists who have a certificate of full independent 6
9190 practice authority; 7
9291 (3) Review recommendations made by the Arkansas State Medical 8
9392 Board and the Arkansas State Board of Nursing and notify the certified nurse 9
9493 practitioner or the clinical nurse specialist of any action taken by the Full 10
9594 Independent Practice Credentialing Com mittee based on the recommendations; 11
9695 (4)(A) If the action taken is suspension or revocation of the 12
9796 certificate of full independent practice authority, hold a hearing providing 13
9897 the certified nurse practitioner or a clinical nurse specialist who has a 14
9998 certificate of full independent practice authority with ten (10) days' notice 15
10099 in writing to appear before the Full Independent Practice Credentialing 16
101100 Committee, at the time and place as the Full Independent Practice 17
102101 Credentialing Committee may direct, to show cause as to why his or her 18
103102 certificate of full independent practice authority should not be suspended or 19
104103 revoked. 20
105104 (B) At the hearing, the Full Independent Practice 21
106105 Credentialing Committee shall: 22
107106 (i)(a) Have the power to subpoena witnesses. 23
108107 (b) The Chair of the Full Independent Practice 24
109108 Credentialing Committee or his or her designee shall sign subpoenas and have 25
110109 the power to administer oaths; 26
111110 (ii) Hear evidence; and 27
112111 (iii)(a) Determine if the certificate of full 28
113112 independent practice authority should be suspended or revoked. 29
114113 (b) If the Full Independent Practice 30
115114 Credentialing Committee determines that the certificate of full independent 31
116115 practice authority should be suspended or revoked, the suspension or 32
117116 revocation shall take plac e immediately. 33
118117 (C) However, only the Arkansas State Board of Nursing has 34
119118 the authority to suspend or revoke the nursing license of a certified nurse 35
120119 practitioner or a clinical nurse specialist ; and 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79
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124123
125124 (5) Provide reports quarterly and upon request rega rding the 1
126125 number of applicants approved and denied to the Senate Committee on Public 2
127126 Health, Welfare, and Labor and the House Committee on Public Health, Welfare, 3
128127 and Labor. 4
129128 5
130129 SECTION 3. Arkansas Code § 17 -87-314(g)-(h), concerning full 6
131130 independent practice authority of certain nurses, are amended to read as 7
132131 follows: 8
133132 (g) A certified nurse practitioner or a clinical nurse specialist 9
134133 whose certificate of full independent practice authority has been denied, 10
135134 suspended, or revoked by the Full Independent Prac tice Credentialing 11
136135 Committee under this section may appeal the action of the Full Independent 12
137136 Practice Credentialing Committee under the Arkansas Administrative Procedure 13
138137 Act, § 25-15-201 et seq. 14
139138 (h) A certified nurse practitioner or a clinical nurse spe cialist with 15
140139 a certificate of full independent practice authority shall conspicuously 16
141140 identify the certificate of full independent practice authority and that the 17
142141 certified nurse practitioner or the clinical nurse specialist is not required 18
143142 to have a collaborative practice agreement on signage in the office where the 19
144143 certified nurse practitioner or the clinical nurse specialist practices. 20
145144 21
146145 /s/K. Hammer 22
147146 23
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149-APPROVED: 4/13/23 25
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