Administrative Rule Review Report #AR09-021
Legislative Service Office
27-Apr-09
AGENCY: Board of Nursing.
DATE SUBMITTED: April 20, 2009.
SUBJECT: Chapters 1 through 9, Board of Nursing.
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:
SUMMARY OF RULES: The rules being amended establish the qualifications and standards of performance for nurses and nursing assistants 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 certification. The rules provide that those candidates who graduate from a program without clinical instruction prior to 2011 are eligible to take the national nursing licensure examination. The rules are amended to establish 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 rules for temporary permits for recent graduates and for nurses licensed in another state for up to 30 days during an emergency declared by the Governor. The existing rules are amended to clarify the process for renewal and reactivation of a license. The rules in chapter 2 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, and changes the name from advanced practitioners of nursing to advanced practiced 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 are amended to clarify the requirements for certification and skills of nursing assistants. The rules in chapter 7 are amended to remove references to nurse 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. The original set of rules was reviewed by the Legislative Service Office in 2008 (AR08-031). The Management Council received comments expressing concern with the adoption of the rules and the Council requested that the Governor review the rules to determine if they were adopted in compliance with the Administrative Procedure Act. The Governor returned those rules to the Agency unsigned and asked that the agency submit new rules addressing certain issues. The agency then resubmitted the rules with certain changes and through a new process in response to the request from the Governor to address those concerns.
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.
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Joshua Anderson
Staff Attorney
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Lynda G. Cook
Staff Attorney
JDA/