Administrative Rule Review Report  #AR08-031

Legislative Service Office

29-Apr-08

 

AGENCY:                                        Board of Nursing.

 

DATE SUBMITTED:                      April 18, 2008.

 

SUBJECT:                                       Chapters I through IX, Wyoming Nurse Practice Act.

 

NATURE OF RULES:                     Legislative, procedural

 

STATUTORY AUTHORITY:         W.S. 33-21-119 through 33-21-157

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.

 

SUMMARY OF RULES:  The rules being amended establish the qualifications and standards of performance of nurses, nursing assistants and nurse aides practicing in Wyoming.  The rules are amended throughout to conform with the changes to statute adopted by the Legislature in 2005 Senate File 93.  The rules in chapter 1 are amended to provide definitions consistent with the changes to the subsequent chapters.

 

The rules in chapter 2 are amended to clarify the qualifications required for eligibility for licensure and establishing that an applicant cannot take the examination for licensure more than five times.  The rules are amended to require applicants to provide proof of lawful presence.  The rules also provide for temporary permits if licensed in another state for up to 30 days during an emergency declared by the Governor.  The rules are also amended to clarify what acts qualify as grounds for discipline.

 

The rules in chapter 3 are amended to clarify what standards that a licensed professional nurse will be held to.  The rules are also amended to clarify the standards that a licensed practical nurse will be held to.  The rules in chapter 4 are amended to clarify the qualifications and practice standards for an advanced practice registered nurse.

 

Chapter 5 of the rules is amended to update the fee schedule applicable to the practice of nursing.  Chapter 6 of the rules is amended to clarify the process for the approval of nursing education programs, particularly out-of-state programs.  The rules require that the program shall include supervised hands-on clinical experiences.

 

Chapter 7 of the rules is amended to develop two levels of certified nursing assistants/nursing aides.  The rules establish the qualifications and standards of practice for both level I and level II certified nursing assistants/nursing aides. The rules in chapter 8 are amended to clarify the process used to review applications and to determine and administer disciplinary action against a licensee.

 

Chapter 9 of the rules is a new chapter.  The new rules establish criteria for the safe delegation of nursing tasks.  The rules provide what level of supervision and accountability that the registered nurse must retain and establish certain tasks that may not be delegated.

 

A new rule letter was sent to the prime sponsor of the legislation that prompted these rules and the standing committee that acted on the rules on October 25, 2007.  No comments were received concerning these rules.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Board.

 

 

 

                                                                        _______________________

                                                                        Joshua Anderson

                                                                        Research Associate

 

                                                                        _______________________

                                                                        David K. Gruver

                                                                        Assistant Director

JDA/