Arkansas 2023 Regular Session

Arkansas Senate Bill SB79 Latest Draft

Bill / Chaptered Version Filed 04/18/2023

                            Stricken language would be deleted from and underlined language would be added to present law. 
Act 872 of the Regular Session 
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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 
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By: Senator K. Hammer 5 
By: Representative L. Johnson 6 
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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 
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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 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 
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 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 colla borative 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 
 
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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 prescriptive 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 authorit y 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 prac tice 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 
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 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 a uthority 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 
 
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 (B)  If the Full Independent Practice Cre dentialing 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 made a gainst 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 
 
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 (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 
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 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 
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/s/K. Hammer 22 
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APPROVED: 4/13/23 25 
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