Senate Bill No. 93–Committee on Human
Resources and Facilities

 

February 12, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Authorizes State Board of Nursing to allow certain persons to practice nursing in this state without license issued by Board. (BDR 54‑96)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to nursing; authorizing the State Board of Nursing to enter into an agreement with other states which allows certain persons who are not residents to practice nursing in this state without a license issued by the Board; requiring the Board to adopt regulations to carry out such an agreement; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 632 of NRS is hereby amended by adding

1-2  thereto a new section to read as follows:

1-3  1.  The Board may enter into an agreement with one or more

1-4  states which authorizes a professional nurse or practical nurse

1-5  who is licensed to practice as such in a state which is a party to the

1-6  agreement to practice as a professional nurse or practical nurse in

1-7  any state which is a party to the agreement without obtaining a

1-8  license in that state if:

1-9  (a) The requirements for the licensing of professional nurses

1-10  and practical nurses in each state which is a party to the

1-11  agreement are substantially equivalent to the requirements for

1-12  licensing professional nurses and practical nurses in this state;

2-1  (b) The agreement authorizes each state which is a party to the

2-2  agreement to condition, limit, restrict or revoke the privilege of a

2-3  person to practice as a professional nurse or practical nurse in

2-4  that state; and

2-5  (c) The agreement may be amended only upon the written

2-6  approval of all states which are parties to the agreement.

2-7  2.  The Board shall:

2-8  (a) Authorize a person who is not a resident of this state to

2-9  practice as a professional nurse or practical nurse in this state

2-10  without obtaining a license from the Board if the person is

2-11  licensed as a professional nurse or practical nurse in a state which

2-12  is a party to an agreement entered into pursuant to this section;

2-13      (b) Adopt regulations necessary to carry out an agreement

2-14  entered into pursuant to this section; and

2-15      (c) As soon as practicable, withdraw from any agreement

2-16  which ceases to include the provisions of paragraphs (b) and (c) of

2-17  subsection 1.

2-18      3.  If a state which is a party to an agreement amends its

2-19  requirements for licensing of professional nurses or practical

2-20  nurses in such a manner that the requirements are no longer at

2-21  least substantially equivalent to the requirements for licensing of

2-22  professional nurses or practical nurses in this state, the Board

2-23  shall condition, limit, restrict or revoke the privilege of a person so

2-24  licensed in that state to practice as a professional nurse or

2-25  practical nurse in this state as the Board deems appropriate.

2-26      4.  The Board may condition, limit, restrict or revoke the

2-27  privilege of a person to practice as a professional nurse or

2-28  practical nurse in this state who is authorized to practice pursuant

2-29  to subsection 2.

2-30      5.  The provisions of an agreement entered into pursuant to

2-31  this section have the force and effect of a regulation adopted by

2-32  the Board.

2-33      6.  The provisions of an agreement entered into pursuant to

2-34  this section must comply with all applicable state and federal laws.

2-35      Sec.  2.  NRS 632.340 is hereby amended to read as follows:

2-36      632.340  The provisions of NRS 632.315 do not prohibit:

2-37      1.  Gratuitous nursing by friends or by members of the family

2-38  of a patient.

2-39      2.  The incidental care of the sick by domestic servants or

2-40  persons primarily employed as housekeepers as long as they do not

2-41  practice nursing within the meaning of this chapter.

2-42      3.  Nursing assistance in the case of an emergency.

2-43      4.  The practice of nursing by students enrolled in accredited

2-44  schools of nursing or by graduates of those schools or courses

2-45  pending the results of the first licensing examination scheduled by

3-1  the Board following graduation. A student or graduate may not work

3-2  as a nursing assistant unless he is certified to practice as a nursing

3-3  assistant pursuant to the provisions of this chapter.

3-4  5.  The practice of nursing in this state by any legally qualified

3-5  nurse or nursing assistant of another state whose engagement

3-6  requires him to accompany and care for a patient temporarily

3-7  residing in this state during the period of one such engagement, not

3-8  to exceed 6 months, if the person does not represent or hold himself

3-9  out as a nurse licensed to practice in this state or as a nursing

3-10  assistant who holds a certificate to practice in this state.

3-11      6.  The practice of any legally qualified nurse of another state

3-12  who is employed by the United States Government or any bureau,

3-13  division or agency thereof, while in the discharge of his official

3-14  duties in this state.

3-15      7.  Nonmedical nursing for the care of the sick, with or without

3-16  compensation, if done by the adherents of, or in connection with, the

3-17  practice of the religious tenets of any well-recognized church or

3-18  religious denomination, if that nursing does not amount to the

3-19  practice of practical or professional nursing as defined in NRS

3-20  632.017 and 632.018, respectively.

3-21      8.  The practice of nursing as a professional nurse or

3-22  practical nurse by a person who is authorized to practice in this

3-23  state pursuant to section 1 of this act.

3-24      9.  A personal assistant from performing services for a person

3-25  with a physical disability pursuant to NRS 629.091.

3-26      Sec.  3.  The State Board of Nursing shall take any action

3-27  necessary to ensure that the participation of the State of Nevada as a

3-28  party to any agreement described in section 1 of this act is

3-29  terminated before July 1, 2013.

3-30      Sec.  4.  This act becomes effective on July 1, 2003, and

3-31  expires by limitation on June 30, 2013.

 

3-32  H