Administrative Rule Review Report  #AR11-053

Legislative Service Office

4-Oct-11

AGENCY: Board of Nursing

DATE SUBMITTED: 7/23/2011

SUBJECT: Chapter 2, Licensure Requirements for Registered Professional Nurses and Licensed Practical Nurses and Certification for Nursing Assistants/Nurse Aides; and Chapter 6, Standards for Nursing Education Programs.

NATURE OF RULES:                      Legislative, procedural

STATUTORY AUTHORITY:           W.S. 33-21-122

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.

SUMMARY OF RULES:         Chapter 2 of the rules deals with licensure requirements.  Chapter 2 is amended by providing that nursing assistants and nurse aides may only sit for the board a total of five times and must sit within one year of graduation.  The provisions regarding graduate temporary permits for nursing assistants and nursing aides are revised to provide that a temporary permit will be provided upon completion of an approved program and specifying that the permit is valid for 120 days and cannot be renewed and specifies additional terms of the permit.

Chapter 6 of the rules deals with standards for nursing education programs.  Chapter 6 was not provided in strike and underline format because the chapter was totally rewritten and represents all new language.  Previously the rules only dealt with programs leading to licensure as a licensed practical nurse or a registered nurse.  The revised rules seek to include regulation of all nursing education programs.  As outlined in the statement of reasons, the primary changes are that the rules specify the need for direct patient-centered clinical experience and that the board will evaluate whether a program's defined outcomes are being met.  The rules specify that faculty must meet certain educational standards, provided that existing faculty have up to five years to meet the new requirements.  The rules also revise the site visit requirements and provide less restrictive requirements for approval of out-of-state programs.

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 Agency.

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Joshua Anderson

Staff Attorney

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Lynda G. Cook

Staff Attorney

JDA/cj