As Amended by Senate Committee
Session of 2000
Substitute for HOUSE BILL No. 2169
By Committee on Health and Human Services
2-22
11 AN ACT
concerning nursing; amending K.S.A. 65-1133 and
K.S.A.
12 1999 Supp. 65-1124,
65-1136, 65-1153 and 74-1106 and repealing the
13 existing sections.
14
15 Be it enacted by the Legislature of the
State of Kansas:
16 Section
1. K.S.A. 1999 Supp. 65-1124 is hereby amended to read as
17 follows: 65-1124. No provisions of this law
shall be construed as
18 prohibiting:
19 (a) Gratuitous
nursing by friends or members of the family;
20 (b) the
incidental care of the sick by domestic servants or persons
21 primarily employed as housekeepers;
22 (c) caring for
the sick in accordance with tenets and practices of any
23 church or religious denomination which
teaches reliance upon spiritual
24 means through prayer for healing;
25 (d) nursing
assistance in the case of an emergency;
26 (e) the practice
of nursing by students enrolled in accredited
schools
27 as part of a clinical course offered
through a school of professional or
28 practical nursing or
programs program of advanced registered
profes-
29 sional nursing approved by the
board nor nursing by graduates of such
30 schools or courses pending the
results of the first licensure examination
31 scheduled following such graduation
but in no case to exceed 90 days,
32 whichever comes first
in the United States or its territories;
33 (f) the practice
of nursing in this state by legally qualified nurses of
34 any of the other states as long as the
engagement of any such nurse
35 requires the nurse to accompany and care
for a patient temporarily re-
36 siding in this state during the period of
one such engagement not to
37 exceed six months in length, and as long as
such nurses do not represent
38 or hold themselves out as nurses licensed
to practice in this state;
39 (g) the practice
by any nurse who is employed by the United States
40 government or any bureau, division or
agency thereof, while in the dis-
41 charge of official duties;
42 (h) auxiliary
patient care services performed in medical care facilities,
43 adult care homes or elsewhere by persons
under the direction of a person
2
1 licensed to practice medicine and
surgery or a person licensed to practice
2 dentistry or the supervision of a
registered professional nurse or a licensed
3 practical nurse;
4 (i) the
administration of medications to residents of adult care homes
5 or to patients in hospital-based
long-term care units, including state op-
6 erated institutions for the mentally
retarded, by an unlicensed person who
7 has been certified as having
satisfactorily completed a training program
8 in medication administration approved
by the secretary of health and
9 environment and has completed the
program on continuing education
10 adopted by the secretary, or by an
unlicensed person while engaged in
11 and as a part of such training program in
medication administration;
12 (j) the practice
of mental health technology by licensed mental health
13 technicians as authorized under the mental
health technicians' licensure
14 act;
15 (k) performance
in the school setting of nursing procedures when
16 delegated by a licensed professional nurse
in accordance with the rules
17 and regulations of the board;
18 (l) performance
of attendant care services directed by or on behalf
19 of an individual in need of in-home care as
the terms ``attendant care
20 services'' and ``individual in need of
in-home care'' are defined under
21 K.S.A. 65-6201 and amendments thereto;
22 (m) performance
of a nursing procedure by a person when that pro-
23 cedure is delegated by a licensed nurse,
within the reasonable exercise of
24 independent nursing judgment and is
performed with reasonable skill and
25 safety by that person under the supervision
of a registered professional
26 nurse or a licensed practical nurse;
or
27 (n) the practice
of nursing by an applicant for Kansas nurse licensure
28 in the supervised clinical portion of a
refresher course.;
29 (o) the
practice of nursing by graduates of approved schools of
pro-
30 fessional or practical nursing pending
the results of the first licensure
31 examination scheduled following such
graduation but in no case to exceed
32 120 days, whichever comes first;
or
33 (p) the
teaching of the nursing process in this state by legally
qualified
34 nurses of any of the other states while
in consultation with a licensed
35 Kansas nurse as long as such individuals
do not represent or hold them-
36 selves out as nurses licensed to
practice in this state.
37 Sec. 2. K.S.A.
65-1133 is hereby amended to read as follows:
38 65-1133. (a) An accredited
educational and training program for
39 advanced registered nurse
practitioners is a program conducted in
40 Kansas which has been approved by the
board as meeting the stan-
41 dards and the rules and regulations
of the board. An institution
42 desiring to conduct an educational
and training program for ad-
43 vanced registered nurse practitioners
shall apply to the board for
3
1 accreditation and submit
satisfactory proof that it is prepared to
2 and will maintain the standards
and the required curriculum for
3 advanced registered nurse
practitioners as prescribed by this act
4 and by the rules and
regulations of the board. Applications shall be
5 made in writing on forms
supplied by the board and shall be sub-
6 mitted to the board together
with the application fee fixed by the
7 board. The accreditation of an
educational and training program
8 for advanced registered nurse
practitioners shall expire two years
9 after the granting of such
accreditation by the board. An institution
10 desiring to continue to conduct an
accredited educational and train-
11 ing program for advanced registered
nurse practitioners shall apply
12 to the board for the renewal of
accreditation and submit satisfac-
13 tory proof that it will maintain the
standards and the required cur-
14 riculum for advanced registered nurse
practitioners as prescribed
15 by this act and by the rules and
regulations of the board. Applica-
16 tions for renewal of accreditation
shall be made in writing on forms
17 supplied by the board
and. Each program shall
be submitted submit
18 annually to the board
together with the application an annual
fee fixed
19 by the board
board's rules and regulations to maintain the accredited
20 status.
21 (b) A
program to qualify as an accredited educational and
train-
22 ing program for advanced registered
nurse practitioners must be
23 conducted in the state of Kansas, and
the school conducting the
24 program must apply to the board and
submit evidence that: (1) It
25 is prepared to carry out the
curriculum prescribed by rules and
26 regulations of the board; and (2) it
is prepared to meet such other
27 standards as shall be established by
law and the rules and regula-
28 tions of the board.
29 (c) The
board shall prepare and maintain a list of programs
30 which qualify as accredited
educational and training programs for
31 advanced registered nurse
practitioners whose graduates, if they
32 have the other necessary
qualifications provided in this act, shall
33 be eligible to apply for certificates
of qualification as advanced reg-
34 istered nurse practitioners. A survey
of the institution or school
35 applying for accreditation of an
educational and training program
36 for advanced registered nurse
practitioners shall be made by an
37 authorized employee of the board or
members of the board, who
38 shall submit a written report of the
survey to the board. If, in the
39 opinion of the board, the
requirements as prescribed by the board
40 in its rules and regulations for
accreditation are met, it shall so
41 approve and accredit the program.
From time to time, as deemed
42 necessary by the board, it shall
cause to be made a resurvey of
43 accredited programs and written
reports of such resurveys submit-
4
1 ted to the board. If the board
determines that any accredited pro-
2 gram is not maintaining the
standards required by this act and by
3 rules and regulations
prescribed by the board, notice thereof in
4 writing, specifying the
failures of such program, shall be given. A
5 program which fails to correct
such conditions to the satisfaction of
6 the board within a reasonable
time shall be removed from the list
7 of accredited programs until
such time as the program shall comply
8 with said standards. All
accredited programs shall maintain accu-
9 rate and current records
showing in full the theoretical and prac-
10 tical courses given to each
student.
11 Sec.
2. 3. K.S.A. 1999 Supp.
65-1136 is hereby amended to read as
12 follows: 65-1136. (a) As used in this
section:
13 (1) ``Provider''
means a person who is approved by the board to ad-
14 minister an examination and to offer an
intravenous fluid therapy course
15 which has been approved by the board.
16 (2) ``Person''
means an individual, organization, agency, institution or
17 other legal entity.
18
(3) ``Examination'' means an intravenous fluid therapy
competency
19 examination approved by the board.
20
(4) ``Supervision'' means provision of guidance by a qualified
nurse
21 for the accomplishment of a nursing task or
activity with initial direction
22 of the task or activity and periodic
inspection of the actual act of accom-
23 plishing the task or activity.
24 (b) A licensed
practical nurse may perform a limited scope of intra-
25 venous fluid therapy under the supervision
of a registered professional
26 nurse.
27 (c) A licensed
practical nurse may perform an expanded scope of
28 intravenous fluid therapy under the
supervision of a registered profes-
29 sional nurse, if the licensed practical
nurse:
30 (1) Has
had one year of clinical experience and Successfully
com-
31 pletes an intravenous fluid therapy course
given by an approved a pro-
32 vider and passes an intravenous fluid
therapy examination administered
33 by an approved a
provider;
34 (2) has had one
year of clinical experience, has performed intravenous
35 fluid therapy prior to the effective date
of this act and has successfully
36 passed an examination; or
37 (3) has
had one year of clinical experience, has successfully
completed
38 an intravenous fluid therapy course not
given by an approved provider
39 and has passed an intravenous fluid therapy
examination not administered
40 by an approved provider or approved by the
board and, upon application
41 to the board for review and approval of
such course and examination, has
42 had the board
determine has determined that such course
and examina-
43 tion meets or exceeds the standards
required under this act for an ap-
5
1 proved course and approved
examination administered by a provider.
2 (d) The
board may adopt rules and regulations:
3 (1) Which
define the limited and expanded scope of practice of in-
4 travenous fluid therapy which may be
performed by a licensed practical
5 nurse under the supervision of a
registered professional nurse;
6 (2) which
restricts specific intravenous fluid therapy practices;
7 (3) which
prescribe standards for an intravenous fluid therapy course
8 and examination required of an
approved provider;
9 (4) which
govern provider record requirements;
10 (5) which
prescribe the procedure to approve, condition, limit and
11 withdraw approval as a provider; and
12 (6) which further
implement the provisions of this section.
13 (e) An advisory
committee of not less than two board members and
14 five nonboard members shall be established
by the board to advise and
15 assist the board in implementing this
section as determined by the board.
16 The advisory committee shall meet at least
annually. Members of the
17 advisory committee shall receive amounts
provided for in subsection (e)
18 of K.S.A. 75-3223 and amendments thereto
for each day of actual at-
19 tendance at any meeting of the advisory
committee or any subcommittee
20 meeting of the advisory committee
authorized by the board.
21 (f) On and after
July 1, 1995, no licensed practical nurse shall perform
22 intravenous fluid therapy unless qualified
to perform intravenous fluid
23 therapy under this section and rules and
regulations adopted by the board.
24 (g) Nothing in
this section shall be construed to prohibit the perform-
25 ance of intravenous fluid therapy by a
registered professional nurse.
26 (h) Nothing in
this section shall be construed to prohibit performance
27 of intravenous fluid therapy by a licensed
practical nurse when performed
28 by delegation of a person licensed to
practice medicine and surgery or
29 dentistry.
30 (i) This section
shall be part of and supplemental to the Kansas nurse
31 practice act.
32 Sec.
3. 4. K.S.A. 1999 Supp.
65-1153 is hereby amended to read as
33 follows: 65-1153. The board may grant a
temporary authorization to prac-
34 tice nurse anesthesia as a registered nurse
anesthetist: (a) For a period of
35 not more than one year to graduates of a
school of nurse anesthesia ac-
36 credited by the board pending results of
the initial examination; or
37 (b) for
180 days for the needed amount of time to
complete the clinical
38 portion of a refresher course and
the temporary authorization may be
39 renewed by the board for one
additional period of not to exceed 180 days;
40 and; or
41 (c) for a period
not to exceed 90 120 days. The
90-day temporary
42 permit may be renewed for an
additional 30 days but not to exceed a
43 combined total of 120
days.
6
1 Sec.
4. 5. K.S.A. 1999 Supp.
74-1106 is hereby amended to read as
2 follows: 74-1106. (a) Appointment,
term of office. (1) The governor shall
3 appoint a board consisting of 11
members of which six shall be registered
4 professional nurses, two shall be
licensed practical nurses, one shall be a
5 licensed mental health technician and
two shall be members of the gen-
6 eral public, which shall constitute a
board of nursing, with the duties,
7 power and authority set forth in this
act.
8 (2) Upon
the expiration of the term of any registered professional
9 nurse, the Kansas state nurses
association shall submit to the governor a
10 list of registered professional nurses
containing names of not less than
11 three times the number of persons to be
appointed, and appointments
12 shall be made after consideration of such
list for terms of four years and
13 until a successor is appointed and
qualified.
14 (3) On the
effective date of this act, the Kansas federation of licensed
15 practical nurses shall submit to the
governor a list of licensed practical
16 nurses containing names of not less than
three times the number of per-
17 sons to be appointed, and appointments
shall be made after consideration
18 of such list, with the first appointment
being for a term of four years and
19 the second appointment being for a term of
two years. Upon the expi-
20 ration of the term of any licensed
practical nurse, a successor of like
21 qualifications shall be appointed in the
same manner as the original ap-
22 pointment for a term of four years and
until a successor is appointed and
23 qualified.
24 (4) Upon the
expiration of the term of any mental health technician,
25 the Kansas association of human services
technologies shall submit to the
26 governor a list of persons licensed as
mental health technicians containing
27 names of not less than three times the
number of persons to be appointed,
28 and appointments shall be made after
consideration of such list for terms
29 of four years and until a successor is
appointed and qualified.
30 (5) Each member
of the general public shall be appointed for a term
31 of four years and successors shall be
appointed for a like term.
32 (6) Whenever a
vacancy occurs on the board of nursing, it shall be
33 filled by appointment for the remainder of
the unexpired term in the
34 same manner as the preceding appointment.
No person shall serve more
35 than two consecutive terms as a member of
the board of nursing and
36 appointment for the remainder of an
unexpired term shall constitute a
37 full term of service on such board. With
the expiration of terms for the
38 registered professional nurse from
education and one public member in
39 July, 2003, the next appointments for
those two positions will be for only
40 one year. Thereafter the two positions
shall be appointed for terms of four
41 years.
42
(b) Qualifications of members. Each member of the board
shall be a
43 citizen of the United States and a resident
of the state of Kansas. Regis-
7
1 tered professional nurse members
shall possess a license to practice as a
2 professional nurse in this state with
at least five years' experience in nurs-
3 ing as such and shall be actively
engaged in professional nursing in Kansas
4 at the time of appointment and
reappointment. The licensed practical
5 nurse members shall be licensed to
practice practical nursing in the state
6 with at least five years' experience
in practical nursing and shall be actively
7 engaged in practical nursing in
Kansas at the time of appointment and
8 reappointment. The governor shall
appoint successors so that the regis-
9 tered professional nurse membership
of the board shall consist of at least
10 two members who are engaged in nursing
service, at least two members
11 who are engaged in nursing education and at
least one member who is
12 engaged in practice as an advanced
registered nurse practitioner or a
13 registered nurse anesthetist. The licensed
mental health technician mem-
14 ber shall be licensed to practice as
licensed mental health technician in
15 the state with at least five years'
experience and shall be actively engaged
16 in the field of mental health technology in
Kansas at the time of appoint-
17 ment and reappointment. The consumer
members shall represent the
18 interests of the general public. Each
member of the board shall take and
19 subscribe the oath prescribed by law for
state officers, which oath shall
20 be filed with the secretary of state.
21 (c) Duties and
powers. (1) The board shall meet annually at Topeka
22 during the month of September and shall
elect from its members a pres-
23 ident, vice-president and secretary, each
of whom shall hold their re-
24 spective offices for one year. The board
shall employ an executive ad-
25 ministrator, who shall be a registered
professional nurse, who shall not
26 be a member of the board and who shall be
in the unclassified service
27 under the Kansas civil service act, and
shall employ such other employees,
28 who shall be in the classified service
under the Kansas civil service act as
29 necessary to carry on the work of the
board. As necessary, the board shall
30 be represented by an attorney appointed by
the attorney general as pro-
31 vided by law, whose compensation shall be
determined and paid by the
32 board with the approval of the governor.
The board may hold such other
33 meetings during the year as may be deemed
necessary to transact its
34 business.
35 (2) The board may
adopt rules and regulations not inconsistent with
36 this act necessary to carry into effect the
provisions thereof, and such
37 rules and regulations may be published and
copies thereof furnished to
38 any person upon application.
39 (3) The board
shall prescribe curricula and standards for professional
40 and practical nursing programs and mental
health technician programs,
41 and provide for surveys of such schools and
courses at such times as it
42 may deem necessary. It shall accredit such
schools and approve courses
43 as meet the requirements of the appropriate
act and rules and regulations
8
1 of the board.
2 (4) The
board shall examine, license and renew licenses of duly qual-
3 ified applicants and conduct hearings
upon charges for limitation, sus-
4 pension or revocation of a license or
accreditation of professional and
5 practical nursing and mental health
technician programs and may limit,
6 deny, suspend or revoke for proper
legal cause, licenses or accreditation
7 of professional and practical nursing
and mental health technician pro-
8 grams, as hereinafter provided.
Examination for applicants for registration
9 shall be given at least twice each
year and as many other times as deemed
10 necessary by the board. The board shall
promote improved means of
11 nursing education and standards of nursing
care through institutes, con-
12 ferences and other means.
13 (5) The board
shall have a seal of which the executive administrator
14 shall be the custodian. The president and
the secretary shall have the
15 power and authority to administer oaths in
transacting business of the
16 board, and the secretary shall keep a
record of all proceedings of the
17 board and a register of professional and
practical nurses and mental health
18 technicians licensed and showing the
certificates of registration or licenses
19 granted or revoked, which register shall be
open at all times to public
20 inspection.
21 (6) The board may
enter into contracts as may be necessary to carry
22 out its duties.
23 (7) The board is
hereby authorized to apply for and to accept grants
24 and may accept donations, bequests or
gifts. The board shall remit all
25 moneys received by it under this paragraph
(7) to the state treasurer at
26 least monthly. Upon receipt of any such
remittance, the state treasurer
27 shall deposit the entire amount thereof in
the state treasury, and such
28 deposit shall be credited to the grants and
gifts fund which is hereby
29 created. All expenditures from such fund
shall be made in accordance
30 with appropriation acts upon warrants of
the director of accounts and
31 reports issued pursuant to vouchers
approved by the president of the
32 board or a person designated by the
president.
33 (8) A majority of
the board of nursing including two professional
34 nurse members shall constitute a quorum for
the transaction of business.
35
(d) Subpoenas. In all investigations and proceedings,
the board shall
36 have the power to issue subpoenas and
compel the attendance of wit-
37 nesses and the production of all relevant
and necessary papers, books,
38 records, documentary evidence and
materials. Any person failing or re-
39 fusing to appear or testify regarding any
matter about which such person
40 may be lawfully questioned or to produce
any books, papers, records,
41 documentary evidence or relevant materials
in the matter, after having
42 been required by order of the board or by a
subpoena of the board to do
43 so, upon application by the board to any
district judge in the state, may
9
1 be ordered by such judge to comply
therewith. Upon failure to comply
2 with the order of the district judge,
the court may compel obedience by
3 attachment for contempt as in the
case of disobedience of a similar order
4 or subpoena issued by the court. A
subpoena may be served upon any
5 person named therein anywhere within
the state with the same fees and
6 mileage by an officer authorized to
serve subpoenas in civil actions in the
7 same procedure as is prescribed by
the code of civil procedure for sub-
8 poenas issued out of the district
courts of this state.
9
(e) Compensation and expenses. Members of the board of
nursing
10 attending meetings of such board, or
attending a subcommittee meeting
11 thereof authorized by such board, shall be
paid compensation, subsistence
12 allowances, mileage and other expenses as
provided in K.S.A. 75-3223,
13 and amendments thereto.
14 Sec. 5.
6. K.S.A. 65-1133 and K.S.A. 1999
Supp. 65-1124, 65-1136,
15 65-1153 and 74-1106 are hereby
repealed.
16 Sec. 6.
7. This act shall take effect and be in force
from and after its
17 publication in the statute book.