Hawaii 2024 Regular Session

Hawaii Senate Bill SB1322 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1322 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO NURSES LICENSED IN ANOTHER JURISDICTION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 1322
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO NURSES LICENSED IN ANOTHER JURISDICTION.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§457- Temporary permit. (a) The board may issue a temporary permit to an out-of-state licensed practical nurse or registered nurse who has applied and met the following requirements: (1) Completed an application on a form prescribed by the board; (2) Paid all fees established by title 16, chapter 53, Hawaii Administrative Rules, that are made applicable to board of nursing; (3) Provided proof of a valid and unencumbered license in another state, territory, or country by way of a license verification from the other state, territory, or country or Nursys license verification report pursuant to section 16-89-16(2), Hawaii Administrative Rules; (4) Completed the fingerprinting requirement for a federal and state criminal record check; and (5) Submitted to the board a certified copy of the self-query report from the National Practitioners Databank. (b) An individual who currently holds a multistate license issued by another state may also meet the requirements for a temporary permit; provided the individual has met the following requirements: (1) Completed an application on a form prescribed by the board; (2) Paid all fees established by title 16, chapter 53, Hawaii Administrative Rules, that are made applicable to board of nursing; (3) Provided proof of a valid and unencumbered multistate license in another state, territory, or country by way of a Nursys license verification report pursuant to section 16-89-16(2), Hawaii Administrative Rules. For purposes of this section, a "multistate license" means a license to practice as a licensed practical nurse or registered nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege; (4) Submitted to the board a certified copy of the self-query report from the National Practitioners Databank. (c) A temporary permit may only be issued to an applicant who has been appointed or accepted employment with a single health care entity listed in section 321-11(10). (d) A temporary permit shall be valid only for a period of six months from the date of issuance. In no case shall a permit issued hereunder be valid for more than a period of six months from the date of issuance. A new and separate temporary permit may be issued provided that the requirements of subsection (a) or (b) have been satisfied." SECTION 2. Section 457-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Licenses shall be granted either by: (1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a registered nurse; or (2) Endorsement: The board may issue a license to practice nursing as a registered nurse by endorsement to an applicant who has been licensed as a registered nurse under the laws of another state, territory, or foreign country if the applicant has an unencumbered license and, in the opinion of the board, the applicant meets the qualifications required of the registered nurses in this State at the time of graduation. [Pending verification of a valid, unencumbered license from another state, territory, or foreign country, a temporary permit may be issued for employment with a Hawaii employer.]" SECTION 3. Section 457-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Licenses shall be granted either by: (1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a licensed practical nurse; or (2) Endorsement: The board may issue a license to practice nursing as a licensed practical nurse by endorsement to any applicant who has been licensed as a licensed practical nurse, or a person entitled to perform similar services under a different title, under the laws of another state, territory, or foreign country if the applicant has an unencumbered license and, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this State at the time of graduation. [Pending verification of a valid, unencumbered license from another state, territory, or foreign country, a temporary permit may be issued for employment with a Hawaii employer.]" SECTION 4. Section 457-13, Hawaii Revised Statutes, is amended to read as follows: "§457-13 Exceptions. This chapter does not prohibit: (1) The furnishing of nursing assistance in an emergency; (2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board; [(3) The practice of nursing under a nonrenewable permit by: (A) A graduate of; or (B) An applicant who has provided proof that the applicant has completed the entire educational curriculum required for graduation for a nursing license from, a school that is in or under the jurisdiction of the United States, a territory, or a foreign jurisdiction, and whose accreditation is recognized by the board; provided that following completion of (A) or (B), the candidate takes the first licensing examination scheduled by any board of nursing recognized by the board and has submitted to the board an application for a license to practice nursing in the State; and provided further that the permit shall be valid for three months or until the results of the licensing examination are received by the board; (4)] (3) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division, or agency thereof, while in the discharge of the nurse's official duties; [(5)] (4) The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any well recognized church or religious denomination, provided that no person practicing such nursing claims to practice as a registered nurse or a licensed practical nurse; [or (6)] (5) The administration of oral and topical medication and in emergency situations, other premeasured medication, by school health aides as provided in section 302A-853[.]; or (6) The practice of nursing by a nurse licensed in another state, territory, or a foreign country who is accompanying a patient or patients from out-of-state, for a period of less than two weeks and who is not employed by or affiliated with a Hawaii health care entity." SECTION 5. The department of commerce and consumer affairs may adopt interim rules to establish fees for the administration of this Act. All fees collected shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), Hawaii Revised Statutes. Fees assessed shall be used to carry out the purposes of this Act without regard to chapter 91 or 201M, Hawaii Revised Statutes; provided that: (1) The department shall hold at least one public hearing prior to the adoption of interim rules; and (2) The interim rules shall be effective for no more than one year after their adoption. SECTION 6. The department of commerce and consumer affairs may employ necessary personnel without regard to chapter 76, Hawaii Revised Statutes, including one full-time permanent office assistant, for the purposes of this Act. SECTION 7. There is appropriated out of the general revenues of the state of Hawaii the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the compliance resolution fund. SECTION 8. There is appropriated out of the compliance resolution fund the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to implement the regulation of nurses as required by this Act. The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ BY REQUEST
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49	49	SECTION 1. Chapter 457, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§457- Temporary permit. (a) The board may issue a temporary permit to an out-of-state licensed practical nurse or registered nurse who has applied and met the following requirements:
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53	53	(1) Completed an application on a form prescribed by the board;
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55	55	(2) Paid all fees established by title 16, chapter 53, Hawaii Administrative Rules, that are made applicable to board of nursing;
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57	57	(3) Provided proof of a valid and unencumbered license in another state, territory, or country by way of a license verification from the other state, territory, or country or Nursys license verification report pursuant to section 16-89-16(2), Hawaii Administrative Rules;
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59	59	(4) Completed the fingerprinting requirement for a federal and state criminal record check; and
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61	61	(5) Submitted to the board a certified copy of the self-query report from the National Practitioners Databank.
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63	63	(b) An individual who currently holds a multistate license issued by another state may also meet the requirements for a temporary permit; provided the individual has met the following requirements:
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65	65	(1) Completed an application on a form prescribed by the board;
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67	67	(2) Paid all fees established by title 16, chapter 53, Hawaii Administrative Rules, that are made applicable to board of nursing;
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69	69	(3) Provided proof of a valid and unencumbered multistate license in another state, territory, or country by way of a Nursys license verification report pursuant to section 16-89-16(2), Hawaii Administrative Rules. For purposes of this section, a "multistate license" means a license to practice as a licensed practical nurse or registered nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege;
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71	71	(4) Submitted to the board a certified copy of the self-query report from the National Practitioners Databank.
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73	73	(c) A temporary permit may only be issued to an applicant who has been appointed or accepted employment with a single
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75	75	health care entity listed in section 321-11(10).
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77	77	(d) A temporary permit shall be valid only for a period of six months from the date of issuance. In no case shall a permit issued hereunder be valid for more than a period of six months from the date of issuance. A new and separate temporary permit may be issued provided that the requirements of subsection (a) or (b) have been satisfied."
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79	79	SECTION 2. Section 457-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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81	81	"(b) Licenses shall be granted either by:
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83	83	(1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a registered nurse; or
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85	85	(2) Endorsement: The board may issue a license to practice nursing as a registered nurse by endorsement to an applicant who has been licensed as a registered nurse under the laws of another state, territory, or foreign country if the applicant has an unencumbered license and, in the opinion of the board, the applicant meets the qualifications required of the registered nurses in this State at the time of graduation. [Pending verification of a valid, unencumbered license from another state, territory, or foreign country, a temporary permit may be issued for employment with a Hawaii employer.]"
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87	87	SECTION 3. Section 457-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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89	89	"(b) Licenses shall be granted either by:
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91	91	(1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a licensed practical nurse; or
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93	93	(2) Endorsement: The board may issue a license to practice nursing as a licensed practical nurse by endorsement to any applicant who has been licensed as a licensed practical nurse, or a person entitled to perform similar services under a different title, under the laws of another state, territory, or foreign country if the applicant has an unencumbered license and, in the opinion of the board, the applicant meets the requirements for licensed practical nurses in this State at the time of graduation. [Pending verification of a valid, unencumbered license from another state, territory, or foreign country, a temporary permit may be issued for employment with a Hawaii employer.]"
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95	95	SECTION 4. Section 457-13, Hawaii Revised Statutes, is amended to read as follows:
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97	97	"§457-13 Exceptions. This chapter does not prohibit:
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99	99	(1) The furnishing of nursing assistance in an emergency;
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101	101	(2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board;
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103	103	[(3) The practice of nursing under a nonrenewable permit by:
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105	105	(A) A graduate of; or
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107	107	(B) An applicant who has provided proof that the applicant has completed the entire educational curriculum required for graduation for a nursing license from,
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109	109	a school that is in or under the jurisdiction of the United States, a territory, or a foreign jurisdiction, and whose accreditation is recognized by the board; provided that following completion of (A) or (B), the candidate takes the first licensing examination scheduled by any board of nursing recognized by the board and has submitted to the board an application for a license to practice nursing in the State; and provided further that the permit shall be valid for three months or until the results of the licensing examination are received by the board;
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111	111	(4)] (3) The practice of any legally qualified nurse of another state who is employed by the United States or any bureau, division, or agency thereof, while in the discharge of the nurse's official duties;
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113	113	[(5)] (4) The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any well recognized church or religious denomination, provided that no person practicing such nursing claims to practice as a registered nurse or a licensed practical nurse; [or
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115	115	(6)] (5) The administration of oral and topical medication and in emergency situations, other premeasured medication, by school health aides as provided in section 302A-853[.]; or
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117	117	(6) The practice of nursing by a nurse licensed in another state, territory, or a foreign country who is accompanying a patient or patients from out-of-state, for a period of less than two weeks and who is not employed by or affiliated with a Hawaii health care entity."
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119	119	SECTION 5. The department of commerce and consumer affairs may adopt interim rules to establish fees for the administration of this Act. All fees collected shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), Hawaii Revised Statutes. Fees assessed shall be used to carry out the purposes of this Act without regard to chapter 91 or 201M, Hawaii Revised Statutes; provided that:
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121	121	(1) The department shall hold at least one public hearing prior to the adoption of interim rules; and
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123	123	(2) The interim rules shall be effective for no more than one year after their adoption.
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125	125	SECTION 6. The department of commerce and consumer affairs may employ necessary personnel without regard to chapter 76, Hawaii Revised Statutes, including one full-time permanent office assistant, for the purposes of this Act.
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127	127	SECTION 7. There is appropriated out of the general revenues of the state of Hawaii the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the compliance resolution fund.
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129	129	SECTION 8. There is appropriated out of the compliance resolution fund the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to implement the regulation of nurses as required by this Act.
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131	131	The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
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133	133	SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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135	135	SECTION 10. This Act shall take effect upon its approval.
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139	139	INTRODUCED BY: _____________________________
140	140	BY REQUEST
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142	142	INTRODUCED BY:
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144	144	_____________________________
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150	150	BY REQUEST
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152	152	Report Title: Nurses; Registered Nurses; Licensed Practical Nurses; Licenses; Endorsement; Temporary Permits; Exceptions Description: Allows for temporary permits to be issued to registered nurses and licensed practical nurses, and revises the exemptions for license. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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158	158	Report Title:
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160	160	Nurses; Registered Nurses; Licensed Practical Nurses; Licenses; Endorsement; Temporary Permits; Exceptions
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164	164	Description:
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166	166	Allows for temporary permits to be issued to registered nurses and licensed practical nurses, and revises the exemptions for license.
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174	174	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.