Brief (1)
Sub. for HB 2169 amends three statutes that are a part of the Nurse Practice Act, one that is a part of the act under which licensed nurses are authorized to practice nurse anesthesia, and one statute that concerns the membership of the Board of Nursing.
The substitute bill amends a section of the Nurse Practice Act that sets out those acts that are not to be construed as a violation of the nursing laws if done by persons who are not licensed nurses. Currently, there is an exception for the practice of nursing by students enrolled in accredited schools of nursing or advanced registered professional nursing programs. The amendments restrict the exception to the practice of nursing by students as a part of a clinical course offered through a school of professional or practical nursing or program of advanced registered professional nursing courses in the United States or its territories. Currently, the statute allows practice by graduates of schools of nursing or advanced registered nurse practitioner courses to the period during which the results of the first licensing examination are pending or 90 days, whichever comes first. As amended, the limitation becomes the period pending the results of the first licensing examination scheduled following graduation or 120 days, whichever comes first. A new exception is created for the teaching of nursing by nurses who are legally qualified to practice in any other state while in consultation with a licensed nurse licensed in Kansas.
Other amendments to the Nurse Practice Act pertain to the administration of IV fluid therapy by licensed practical nurses under the supervision of a licensed professional nurse. The amendments delete the requirement for one year of clinical experience from two of the ways in which the licensed practical nurse may qualify to perform an expanded scope of IV fluid therapy.
Amendments relating to the granting of a temporary authorization to practice as a registered nurse anesthetist allow the granting of a temporary authorization for the time necessary to complete the clinical portion of a refresher program rather than the current limitation of 180 days, renewable for an additional period not in excess of 180 days.
Amendments to the statute that concerns the appointment of members of the Board of Nursing allow for a one-time, one-year appointment of one of the public members and one of the professional nurses who is engaged in nursing education. The amendment will allow the staggering of the terms of the two public members and the two professional nurse members who are engaged in nursing education.
The Senate Committee amendment adds an additional section to the bill that amends KSA 65-1133 to require the payment of an annual fee by an advanced registered nurse practitioner educational and training program in order to maintain its status as an accredited program. The fee is to be set by the Board of Nursing through rules and regulations.
Background
HB 2169 was introduced in 1999, and the bill was carried over in Committee. Hearings were held this year and, following testimony, a subcommittee was appointed to consider proposed amendments to the bill. The subcommittee recommendation for a substitute bill was adopted by the full Committee, along with the subcommittee recommendation that a Post Audit study of the Board of Nursing be requested and that the Health Care Reform Legislative Oversight Committee be asked to consider the provisions in various laws under which health care providers are licensed or registered that relate to the revocation or denial of licenses or registrations for conviction of specified or unspecified criminal acts and the authority to determine whether rehabilitation has occurred.
The Senate Committee amendment was requested by the Board of Nursing.
No fiscal note is available for the substitute bill.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html