3 | 2 | | *JMB037* 04-03-2023 13:13:27 JMB037 |
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4 | 3 | | |
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5 | 4 | | State of Arkansas As Engrossed: S3/7/23 H3/13/23 H4/3/23 1 |
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6 | 5 | | 94th General Assembly A Bill 2 |
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7 | 6 | | Regular Session, 2023 SENATE BILL 79 3 |
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8 | 7 | | 4 |
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9 | 8 | | By: Senator K. Hammer 5 |
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10 | 9 | | By: Representative L. Johnson 6 |
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11 | 10 | | 7 |
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12 | 11 | | For An Act To Be Entitled 8 |
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13 | 12 | | AN ACT TO ALLOW FULL INDEPENDENT PRACTICE AUTHORITY 9 |
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14 | 13 | | FOR CLINICAL NURSE S PECIALISTS; TO AUTHO RIZE 10 |
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15 | 14 | | EXPERIENCE IN ANOTHE R STATE TO QUALIFY F OR FULL 11 |
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16 | 15 | | INDEPENDENT PRACTICE AUTHORITY; AND FOR O THER 12 |
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17 | 16 | | PURPOSES. 13 |
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18 | 17 | | 14 |
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19 | 18 | | 15 |
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20 | 19 | | Subtitle 16 |
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21 | 20 | | TO ALLOW FULL INDEPENDENT PRACTICE 17 |
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22 | 21 | | AUTHORITY FOR CLINICAL NURSE SPECIALISTS; 18 |
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23 | 22 | | AND TO ALLOW EXPERIENCE IN ANOTHER STATE 19 |
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24 | 23 | | TO QUALIFY. 20 |
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25 | 24 | | 21 |
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26 | 25 | | 22 |
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27 | 26 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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28 | 27 | | 24 |
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29 | 28 | | SECTION 1. Arkansas Code § 17 -87-314(a)-(c), concerning full 25 |
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30 | 29 | | independent practice authority of certain nurses, are amended to read as 26 |
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31 | 30 | | follows: 27 |
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32 | 31 | | (a) As used in this section, “full independent practice authority” 28 |
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33 | 32 | | means the ability of a certified nurse practitioner or a clinical nurse 29 |
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34 | 33 | | specialist to practice with prescriptive authority without a col laborative 30 |
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35 | 34 | | practice agreement as described in § 17 -87-310. 31 |
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36 | 35 | | (b)(1) The Full Independent Practice Credentialing Committee may grant 32 |
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37 | 36 | | a certificate of full independent practice authority to a certified nurse 33 |
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38 | 37 | | practitioner or a clinical nurse specialist who submits: 34 |
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39 | 38 | | (A) An application; 35 |
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40 | 39 | | (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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43 | 42 | | |
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44 | 43 | | |
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45 | 44 | | Full Independent Practice Credentialing Committee; 1 |
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46 | 45 | | (C) Proof of successful completion of six thousand two 2 |
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47 | 46 | | hundred forty (6,240) hours of practice : 3 |
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48 | 47 | | (i) Under under a collaborative practice agreement a 4 |
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49 | 48 | | board-required agreement with a physician; or 5 |
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50 | 49 | | (ii) From another state, territory, or foreign 6 |
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51 | 50 | | country that authorizes a certified nurse practitioner or a clinical nurse 7 |
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52 | 51 | | specialist to practice with prescriptiv e authority if the certified nurse 8 |
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53 | 52 | | practitioner or clinical nurse specialist: 9 |
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54 | 53 | | (a) Has prescriptive authority in the state, 10 |
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55 | 54 | | territory, or foreign country; and 11 |
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56 | 55 | | (b) Provides proof of his or her licensure in 12 |
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57 | 56 | | good standing from: 13 |
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58 | 57 | | (1) The state, territory, or foreign 14 |
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59 | 58 | | country; and 15 |
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60 | 59 | | (2) The Arkansas State Board of Nursing; 16 |
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61 | 60 | | and 17 |
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62 | 61 | | (D) Any other relevant information as determined by the 18 |
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63 | 62 | | Full Independent Practice Credentialing Committee. 19 |
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64 | 63 | | (2) A certificate of full independent practice author ity shall 20 |
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65 | 64 | | be renewed every three (3) years with an appropriate renewal fee as 21 |
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66 | 65 | | determined by the Full Independent Practice Credentialing Committee. 22 |
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67 | 66 | | (c) A certified nurse practitioner or a clinical nurse specialist with 23 |
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68 | 67 | | a certificate of full independent pr actice authority may receive and 24 |
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69 | 68 | | prescribe drugs, medicines, or therapeutic devices appropriate to the 25 |
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70 | 69 | | certified nurse practitioner's area of practice or the clinical nurse 26 |
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71 | 70 | | specialist's area of practice . 27 |
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72 | 71 | | 28 |
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73 | 72 | | SECTION 2. Arkansas Code § 17 -87-314(e), concerning full independent 29 |
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74 | 73 | | practice authority of certain nurses, is amended to read as follows: 30 |
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75 | 74 | | (e) The Full Independent Practice Credentialing Committee shall: 31 |
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76 | 75 | | (1)(A) Review and approve or deny all applications for a 32 |
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77 | 76 | | certificate of full independent practice authority for certified nurse 33 |
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78 | 77 | | practitioners or clinical nurse specialists and for renewal of a certificate 34 |
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79 | 78 | | of full independent practice authority for a certified nurse practitioner or 35 |
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80 | 79 | | a clinical nurse specialist . 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79 |
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83 | 82 | | |
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84 | 83 | | |
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85 | 84 | | (B) If the Full Independent Practice Credentialing 1 |
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86 | 85 | | Committee denies an application for a certificate of full independent 2 |
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87 | 86 | | practice authority, the Full Independent Practice Credentialing Committee 3 |
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88 | 87 | | shall explain the reasons for the denial in writing to the applicant; 4 |
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89 | 88 | | (2) Review complaints mad e against certified nurse practitioners 5 |
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90 | 89 | | or clinical nurse specialists who have a certificate of full independent 6 |
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91 | 90 | | practice authority; 7 |
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92 | 91 | | (3) Review recommendations made by the Arkansas State Medical 8 |
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93 | 92 | | Board and the Arkansas State Board of Nursing and notify the certified nurse 9 |
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94 | 93 | | practitioner or the clinical nurse specialist of any action taken by the Full 10 |
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95 | 94 | | Independent Practice Credentialing Com mittee based on the recommendations; 11 |
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96 | 95 | | (4)(A) If the action taken is suspension or revocation of the 12 |
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97 | 96 | | certificate of full independent practice authority, hold a hearing providing 13 |
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98 | 97 | | the certified nurse practitioner or a clinical nurse specialist who has a 14 |
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99 | 98 | | certificate of full independent practice authority with ten (10) days' notice 15 |
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100 | 99 | | in writing to appear before the Full Independent Practice Credentialing 16 |
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101 | 100 | | Committee, at the time and place as the Full Independent Practice 17 |
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102 | 101 | | Credentialing Committee may direct, to show cause as to why his or her 18 |
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103 | 102 | | certificate of full independent practice authority should not be suspended or 19 |
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104 | 103 | | revoked. 20 |
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105 | 104 | | (B) At the hearing, the Full Independent Practice 21 |
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106 | 105 | | Credentialing Committee shall: 22 |
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107 | 106 | | (i)(a) Have the power to subpoena witnesses. 23 |
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108 | 107 | | (b) The Chair of the Full Independent Practice 24 |
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109 | 108 | | Credentialing Committee or his or her designee shall sign subpoenas and have 25 |
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110 | 109 | | the power to administer oaths; 26 |
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111 | 110 | | (ii) Hear evidence; and 27 |
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112 | 111 | | (iii)(a) Determine if the certificate of full 28 |
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113 | 112 | | independent practice authority should be suspended or revoked. 29 |
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114 | 113 | | (b) If the Full Independent Practice 30 |
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115 | 114 | | Credentialing Committee determines that the certificate of full independent 31 |
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116 | 115 | | practice authority should be suspended or revoked, the suspension or 32 |
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117 | 116 | | revocation shall take plac e immediately. 33 |
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118 | 117 | | (C) However, only the Arkansas State Board of Nursing has 34 |
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119 | 118 | | the authority to suspend or revoke the nursing license of a certified nurse 35 |
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120 | 119 | | practitioner or a clinical nurse specialist ; and 36 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79 |
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125 | 124 | | (5) Provide reports quarterly and upon request rega rding the 1 |
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126 | 125 | | number of applicants approved and denied to the Senate Committee on Public 2 |
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127 | 126 | | Health, Welfare, and Labor and the House Committee on Public Health, Welfare, 3 |
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128 | 127 | | and Labor. 4 |
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129 | 128 | | 5 |
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130 | 129 | | SECTION 3. Arkansas Code § 17 -87-314(g)-(h), concerning full 6 |
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131 | 130 | | independent practice authority of certain nurses, are amended to read as 7 |
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132 | 131 | | follows: 8 |
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133 | 132 | | (g) A certified nurse practitioner or a clinical nurse specialist 9 |
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134 | 133 | | whose certificate of full independent practice authority has been denied, 10 |
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135 | 134 | | suspended, or revoked by the Full Independent Prac tice Credentialing 11 |
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136 | 135 | | Committee under this section may appeal the action of the Full Independent 12 |
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137 | 136 | | Practice Credentialing Committee under the Arkansas Administrative Procedure 13 |
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138 | 137 | | Act, § 25-15-201 et seq. 14 |
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139 | 138 | | (h) A certified nurse practitioner or a clinical nurse spe cialist with 15 |
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140 | 139 | | a certificate of full independent practice authority shall conspicuously 16 |
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141 | 140 | | identify the certificate of full independent practice authority and that the 17 |
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142 | 141 | | certified nurse practitioner or the clinical nurse specialist is not required 18 |
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143 | 142 | | to have a collaborative practice agreement on signage in the office where the 19 |
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144 | 143 | | certified nurse practitioner or the clinical nurse specialist practices. 20 |
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145 | 144 | | 21 |
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146 | 145 | | /s/K. Hammer 22 |
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147 | 146 | | 23 |
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148 | 147 | | 24 |
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