Louisiana 2012 Regular Session

Louisiana House Bill HB951 Latest Draft

Bill / Introduced Version

                            HLS 12RS-1245	ORIGINAL
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are additions.
Regular Session, 2012
HOUSE BILL NO. 951
BY REPRESENTATIVES WILLMOTT AND PATRICK WILLIAMS
NURSES/REGISTERED:  Provides relative to advanced practice registered nursing
AN ACT1
To amend and reenact R.S. 37:913(3)(a)(vii), (ix), and (9)(introductory paragraph), and to2
enact R.S. 37:913(3)(c) and 918(22), relative to advanced practice registered nursing;3
to provide for definitions; to provide for collaborative practice agreements; to4
provide for duties and powers of the Louisiana State Board of Nursing; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 37:913(3)(a)(vii), (ix), and (9)(introductory paragraph) are hereby8
amended and reenacted and R.S. 37:913(3)(c) and 918(22) are hereby enacted to read as9
follows: 10
§913.  Definitions11
As used in this Part:12
*          *          *13
(3)(a) "Advanced practice registered nursing" means nursing  by a certified14
registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, or15
nurse practitioner which is based on knowledge and skills acquired in a basic nursing16
education program, licensure as a registered nurse, and a minimum of a master's17
degree with a concentration in the respective advanced practice nursing specialty18
which includes both didactic and clinical components, advanced knowledge in19 HLS 12RS-1245	ORIGINAL
HB NO. 951
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nursing theory, physical and psychosocial assessment, nursing interventions, and1
management of health care.  Advanced practice registered nursing includes:2
*          *          *3
(vii) Analyzing multiple sources of data and identifying and performing4
certain acts of medical diagnosis. Except for certain nurse practitioners who are5
exempted from the collaborative practice agreement requirement pursuant to the6
provisions of R.S. 37:913(3)(c), every advanced practice registered nurse shall carry7
out the functions provided in this Item in accordance with the a collaborative practice8
agreement.9
*          *          *10
(ix) Consulting with or referring patients to licensed physicians, dentists, and11
other health care providers. Except for certain nurse practitioners who are exempted12
from the collaborative practice agreement requirement pursuant to the provisions of13
R.S. 37:913(3)(c), every advanced practice registered nurse shall carry out the14
functions provided in this Item in accordance with a collaborative practice15
agreement.16
*          *          *17
(c) Notwithstanding the provisions of R.S. 37:918(22), a nurse practitioner18
shall be exempt from any requirement set forth in this Part to enter into a19
collaborative practice agreement if he meets all of the following criteria:20
(i)  Is in good standing with the board.21
(ii)  Is certified by a national accrediting agency which is recognized by the22
board.23
(iii) Possesses at minimum a master's degree and has successfully completed24
academic coursework in physical assessment, advanced pharmacology, and advanced25
pathophysiology.26
(iv) Commonly practices in a medically underserved area or an area27
comprising at least one medically underserved population as designated by the28 HLS 12RS-1245	ORIGINAL
HB NO. 951
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Health Resources and Services Administration of the United States Department of1
Health and Human Services or the Louisiana Department of Health and Hospitals.2
*          *          *3
(9) "Collaborative practice agreement" means a formal written statement4
addressing the parameters of the collaborative practice which are mutually agreed5
upon by the an advanced practice registered nurse who is not exempt from the6
collaborative practice agreement requirement pursuant to the provisions of R.S.7
37:913(3)(c) and one or more licensed physicians or dentists. which  A collaborative8
practice agreement shall include but not be limited to the following provisions:9
*          *          *10
§918.  Duties and powers of the board11
The board shall:12
*          *          *13
(22) Have the exclusive and final authority to determine if the qualifications14
provided in R.S. 37:913(3)(c) have been satisfied.  Upon application of the nurse15
practitioner, if the board determines that all qualifications have been fulfilled, then16
no collaborative practice agreement is required for that nurse practitioner and the17
board shall issue a certificate to the nurse practitioner stating the date of the18
approval, the nurse practitioner's name, a statement of reliance verifying the19
exemption, and bearing the signature of a designee of the board, under the seal of the20
board. This document shall be acceptable as evidence in all state courts as21
verification of the exemption, without the necessity of any personal court appearance22
from any of the members of the board. Further, the board may revoke this23
exemption if it determines that the qualifications are no longer satisfied.24
Section 2. This Act shall become effective upon signature by the governor or, if not25
signed by the governor, upon expiration of the time for bills to become law without signature26
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana.  If27
vetoed by the governor and subsequently approved by the legislature, this Act shall become28
effective on the day following such approval.29 HLS 12RS-1245	ORIGINAL
HB NO. 951
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Willmott	HB No. 951
Abstract: Provides relative to advanced practice registered nursing.
Present law requires advanced practice registered nurses (certified registered nurse
anesthetists, certified nurse midwives, clinical nurse specialists, and nurse practitioners) to
enter into a collaborative practice agreement with one or more physicians or dentists for
certain functions of their practice.
Proposed law provides a conditional exemption from the collaborative practice agreement
requirement of present law for a nurse practitioner who meets all of the following criteria:
(1)Is in good standing with the La. State Board of Nursing.
(2)Is certified by a national accrediting agency which is recognized by the La. State
Board of Nursing.
(3)Possesses at minimum a master's degree and has successfully completed academic
coursework in physical assessment, advanced pharmacology, and advanced
pathophysiology.
(4)Commonly practices in a medically underserved area or an area comprising at least
one medically underserved population as designated by the Health Resources and
Services Administration of the U.S. Department of Health and Human Services or
the La. Department of Health and Hospitals.
Proposed law provides that the La. State Board of Nursing shall have the exclusive and final
authority to determine if the qualifications for the exemption provided in proposed law have
been satisfied. Provides that the board shall issue a certificate to a nurse practitioner deemed
to be qualified for the exemption. Provides that such certificate shall be acceptable as
evidence in all state courts as verification of the exemption.  Provides that the board may
revoke the exemption if the board determines that the qualifications are no longer satisfied.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 37:913(3)(a)(vii), (ix), and (9)(intro. para.); Adds R.S. 37:913(3)(c) and
918(22))