Assembly Bill No. 204–Committee on Commerce and Labor
(On Behalf of Board of Nursing)
February 11, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Revises provisions relating to nursing. (BDR 54-405)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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 thereto1-2
the provisions set forth as sections 2, 3 and 4 of this act.1-3
Sec. 2. "Approved school of nursing" means a school of nursing1-4
that is approved by the board as meeting the standards for nursing1-5
education established by the board pursuant to NRS 632.430 to 632.470,1-6
inclusive.1-7
Sec. 3. "System for the delivery of health care" means a licensed1-8
medical facility as defined in NRS 449.0151, or other organization that1-9
provides organized nursing services.1-10
Sec. 4. A member of the board or an employee or agent of the board1-11
is not liable in a civil action for any act performed in good faith and1-12
within the scope of the duties of the board pursuant to the provisions of1-13
this chapter.2-1
Sec. 5. NRS 632.010 is hereby amended to read as follows: 632.010 As used in this chapter, unless the context otherwise requires,2-3
the words and terms defined in NRS 632.011 to 632.019, inclusive, and2-4
sections 2 and 3 of this act have the meanings ascribed to them in those2-5
sections.2-6
Sec. 6. NRS 632.011 is hereby amended to read as follows: 632.011 "Accredited school of nursing" means a school of nursing2-8
which is accredited by2-9
recognized association or an agency authorized by law to accredit or2-10
approve schools of nursing in the state in which the school is located.2-11
Sec. 7. NRS 632.0166 is hereby amended to read as follows: 632.0166 1. "Nursing assistant" means a person who, under the2-13
direction of a licensed nurse ,2-14
restorative services and basic nursing services which are directed at the2-15
safety, comfort, personal hygiene, basic mental health and protection of2-16
patients and the protection of2-17
2. The term does not include a person who is employed by this state or2-18
under contract with this state to provide, or assist in the provision of,2-19
personal care of other persons if he does not primarily perform acts that are2-20
within the authorized scope of practice of a nursing assistant.2-21
Sec. 8. NRS 632.0169 is hereby amended to read as follows: 632.0169 1. "Practice of nursing" means2-23
(a) The direct provision of care, including, without limitation:2-24
(1) General observation, diagnosis and treatment of changes in a2-25
person’s health2-26
(2) Promoting optimal health;2-27
(3) Assisting persons or groups to attain and maintain optimal2-28
health by planning and implementing a strategy of care to accomplish2-29
defined goals; and2-30
(4) Evaluating responses to such care and treatment.2-31
(b) The indirect provision of care, including, without limitation:2-32
(1) Teaching, administering, managing and supervising the2-33
practice of nursing;2-34
(2) Delegating the direct provision of care;2-35
(3) Collaborating and consulting with families, communities,2-36
systems for the delivery of health care, other health care professionals2-37
and other persons involved in the management of health care to provide2-38
a continuum of care; and2-39
(4) Research related to the practice of nursing that is conducted by2-40
a nurse who is licensed pursuant to the provisions of this chapter.3-1
2. The term does not include acts of medical diagnosis or prescription3-2
of therapeutic or corrective measures, except as authorized by specific3-3
statute.3-4
Sec. 9. NRS 632.017 is hereby amended to read as follows: 632.017 "Practice of practical nursing" means the performance3-6
3-7
the direction of a registered professional nurse, an advanced practitioner of3-8
nursing, a licensed physician, a licensed dentist or a licensed podiatric3-9
physician, not requiring the substantial specialized skill, judgment and3-10
knowledge required in professional nursing.3-11
Sec. 10. NRS 632.018 is hereby amended to read as follows: 632.018 "Practice of professional nursing" means the performance3-13
3-14
injured or infirm, in the maintenance of health or prevention of illness of3-15
others, in the supervision and teaching of other personnel, in the3-16
administration of medications and treatments as prescribed by an advanced3-17
practitioner of nursing, a licensed physician, a licensed dentist or a licensed3-18
podiatric physician, requiring substantial specialized judgment and skill3-19
based on knowledge and application of the principles of biological,3-20
physical and social science, but does not include acts of medical diagnosis3-21
or prescription of therapeutic or corrective measures.3-22
Sec. 11. NRS 632.080 is hereby amended to read as follows: 632.080 1. The compensation of the members of the board must be3-24
fixed by the board, but may not exceed $80 for each day spent by each3-25
member in the discharge of his official duties.3-26
2.3-27
3-28
3-29
3-30
3-31
and employee of the board3-32
3-33
travel expenses at a rate fixed by the board. The rate must not exceed the3-34
rate provided for state officers and employees generally.3-35
3-36
the members and employees of the board3-37
3-38
board.3-39
Sec. 12. NRS 632.100 is hereby amended to read as follows: 632.100 1. The board shall make and keep a3-41
record of all its proceedings, including4-1
(a) A file of all applications for licenses and certificates under this4-2
chapter, together with the action of the board upon each application4-3
4-4
(b) A register of all nurses licensed and all nursing assistants certified in4-5
this state4-6
(c) Documentation of any disciplinary action taken by the board4-7
against a licensee or holder of a certificate.4-8
2. The board shall maintain in its main office a public docket or other4-9
record in which it shall record, from time to time as made, the rulings or4-10
decisions upon all complaints filed with it, and all investigations instituted4-11
by it in the first instance, upon or in connection with which any hearing4-12
has been had, or in which the licensee or holder of a certificate charged has4-13
made no defense.4-14
3. At least semiannually, the board shall publish a list of the names4-15
4-16
4-17
within the immediately preceding year and all licensees and holders of4-18
certificates4-19
4-20
immediately preceding year, together with such other information relative4-21
to the enforcement of the provisions of this chapter as it may deem of4-22
interest to the public.4-23
Sec. 13. NRS 632.120 is hereby amended to read as follows: 632.120 1. The board shall:4-25
(a) Adopt regulations establishing reasonable standards:4-26
(1) For the denial, renewal, suspension and revocation of, and the4-27
placement of conditions, limitations and restrictions upon, a license to4-28
practice professional or practical nursing4-29
nursing assistant.4-30
(2) Of professional conduct for the practice of nursing.4-31
(3) For prescribing and dispensing controlled substances and4-32
dangerous drugs in accordance with applicable statutes.4-33
(b) Prepare and administer examinations for the issuance of a license or4-34
certificate under this chapter.4-35
(c) Investigate and determine the eligibility of an applicant for a license4-36
or certificate under this chapter.4-37
(d) Carry out and enforce the provisions of this chapter and the4-38
regulations adopted pursuant thereto.4-39
2. The board may adopt regulations establishing reasonable:5-1
(a) Qualifications for the issuance of a license or certificate under this5-2
chapter.5-3
(b) Standards for the continuing professional competence of licensees5-4
5-5
of a certificate periodically for compliance with those standards.5-6
3. The board may adopt regulations establishing a schedule of5-7
reasonable fees and charges, in addition to those set forth in NRS 632.345,5-8
for:5-9
(a) Investigating licensees or holders of a certificate and applicants for5-10
a license or certificate under this chapter;5-11
(b) Evaluating the professional competence of licensees5-12
of a certificate;5-13
(c) Conducting hearings pursuant to this chapter;5-14
(d) Duplicating and verifying records of the board; and5-15
(e) Surveying, evaluating and5-16
practical nursing, and schools and courses of professional nursing,5-17
and collect the fees established pursuant to this subsection.5-18
4. The board may adopt such other regulations, not inconsistent with5-19
state or federal law, as may be necessary to carry out the provisions of this5-20
chapter relating to nursing assistant trainees and nursing assistants.5-21
5. The board may adopt such other regulations, not inconsistent with5-22
law, as are necessary to enable it to administer the provisions of this5-23
chapter.5-24
Sec. 14. NRS 632.240 is hereby amended to read as follows: 632.240 1. The provision of nursing services in any system for the5-26
delivery of health care must be under the direction and supervision of a5-27
chief administrative nurse who is a registered nurse.5-28
2.5-29
5-30
5-31
5-32
district whose enrollment is fewer than 35,000 pupils.5-33
Sec. 15. NRS 632.285 is hereby amended to read as follows: 632.285 1. Any person, except a nursing assistant trainee, who5-35
5-36
state shall submit evidence that he is qualified so to practice and must be5-37
certified as provided in this chapter.5-38
2. It is unlawful for any person:5-39
(a) To practice or to offer to practice as a nursing assistant in this state5-40
or to use any title, abbreviation, sign, card or device to indicate that he is5-41
practicing as a nursing assistant in this state unless he has been certified5-42
pursuant to the provisions of this chapter.6-1
(b) Except as otherwise provided in NRS 629.091, who does not hold a6-2
certificate authorizing him to practice as a nursing assistant issued pursuant6-3
to the provisions of this chapter to perform or offer to perform basic6-4
nursing services in this state, unless the person is a nursing assistant6-5
trainee.6-6
(c) To be employed as a nursing assistant trainee for more than 46-7
months.6-8
3. The executive director of the board may, on behalf of the board,6-9
issue an order to cease and desist to any person who practices or offers to6-10
practice as a nursing assistant without a certificate issued pursuant to the6-11
provisions of this chapter.6-12
4. The executive director of the board shall forward to the appropriate6-13
law enforcement agency any information submitted to the board6-14
concerning a person who practices or offers to practice as a nursing6-15
assistant without a certificate issued pursuant to the provisions of this6-16
chapter.6-17
Sec. 16. NRS 632.315 is hereby amended to read as follows: 632.315 1. For the purposes of safeguarding life and health and6-19
maintaining high professional standards among nurses in this state, any6-20
person who6-21
this state shall submit evidence that he is qualified to practice and must be6-22
licensed as provided in this chapter.6-23
2. Any person who:6-24
(a) Practices or offers to practice nursing in this state or uses any title,6-25
abbreviation, sign, card or device to indicate that he is practicing nursing in6-26
this state unless that person has been licensed pursuant to the provisions of6-27
this chapter; or6-28
(b) Does not hold a valid and subsisting license to practice nursing6-29
issued pursuant to the provisions of this chapter who practices or offers to6-30
practice in this state as a registered nurse, licensed practical nurse, graduate6-31
nurse, trained nurse, certified nurse or under any other title or designation6-32
suggesting that he possesses qualifications and skill in the field of6-34
is guilty of a misdemeanor.6-35
3. The executive director of the board may, on behalf of the board,6-36
issue an order to cease and desist to any person who practices or offers to6-37
practice nursing without a license issued pursuant to the provisions of this6-38
chapter.6-39
4. The executive director of the board shall forward to the appropriate6-40
law enforcement agency any information submitted to the board6-41
concerning a person who practices or offers to practice nursing without a6-42
license issued pursuant to the provisions of this chapter.6-43
Sec. 17. NRS 632.345 is hereby amended to read as follows:7-1
632.345 1. The board shall establish and may amend a schedule of7-2
fees and charges for the following items and within the following ranges:7-3
Not less Not more7-4
than than7-5
Application for license to practice7-6
professional nursing (registered nurse) $45 $1007-7
Application for license to practice practical7-8
nursing 30 907-9
Application for temporary license to practice7-10
professional nursing or practical nursing7-11
pursuant to NRS 632.300, which fee must7-12
be credited toward the fee required for a7-13
regular license, if the applicant applies for a7-14
license 15 507-15
Application for a certificate to practice as a7-16
nursing assistant7-17
Application for a temporary certificate to7-18
practice as a nursing assistant pursuant to7-19
NRS 632.300, which fee must be credited7-20
toward the fee required for a regular7-21
certificate, if the applicant applies for a7-22
certificate 5 407-23
Biennial fee for renewal of a license 40 1007-24
Biennial fee for renewal of a certificate7-25
Fee for reinstatement of a license 10 1007-26
Application for recognition as an advanced7-27
practitioner of nursing 50 2007-28
Application for recognition as a certified7-29
registered nurse anesthetist 50 2007-30
Biennial fee for renewal of recognition as an7-31
advanced practitioner of nursing or7-32
certified registered nurse anesthetist 50 2007-33
Examination fee for license to practice7-34
professional nursing 20 1007-35
Examination fee for license to practice7-36
practical nursing 10 907-37
Rewriting examination for license to practice7-38
professional nursing 20 1007-39
Rewriting examination for license to practice7-40
practical nursing 10 907-41
Duplicate license 5 307-42
Duplicate certificate8-1
Proctoring examination for candidate from8-2
another state 25 1508-3
Fee for approving one course of continuing8-4
education $10 $508-5
Fee for reviewing one course of continuing8-6
education which has been changed since8-7
approval 5 308-8
Annual fee for approval of all courses of8-9
continuing education offered 100 5008-10
Annual fee for review of training program8-11
Certification examination 10 908-12
Approval of instructors of training programs8-13
Approval of proctors for certification8-14
examinations 20 508-15
Approval of training programs8-16
Validation of licensure or certification 5 258-17
2. The board may collect the fees and charges established pursuant to8-18
this section, and those fees or charges8-19
Sec. 18. NRS 632.350 is hereby amended to read as follows: 632.350 1. Before suspending or revoking any license or certificate8-21
or taking other disciplinary action against a licensee or holder of a8-22
certificate, the board shall cause an administrative complaint to be filed8-23
against the licensee or holder of the certificate. The board shall notify the8-24
licensee or holder of the certificate in writing of the charges against him,8-25
accompanying the notice with a copy of the8-26
administrative complaint.8-27
2. Written notice may be served by delivery of it personally to the8-28
licensee or holder of the certificate, or by mailing it by registered or8-29
certified mail to his last known residential address.8-30
3. If the licensee or holder of the certificate , after receiving a copy of8-31
the administrative complaint pursuant to subsection 1, submits a written8-32
request, the board shall furnish the licensee or holder of the certificate with8-33
copies of any communications, reports and affidavits in possession of the8-34
board, touching upon or relating to the matter in question.8-35
4. As soon as practicable after the filing of8-36
8-37
8-38
majority thereof, shall hold a hearing on the charges at such time and place8-39
as the board prescribes. If the board receives a report pursuant to8-40
subsection 5 of NRS 228.420, the hearing must be held within 30 days8-41
after receiving the report. The hearing must be held, if the licensee or8-42
holder of the certificate desires, within the county where he resides.9-1
Sec. 19. NRS 632.400 is hereby amended to read as follows: 632.400 1. The board shall render a decision on any administrative9-3
complaint within 60 days after the final hearing thereon. For the purposes9-4
of this subsection, the final hearing on a matter delegated to a hearing9-5
officer pursuant to NRS 632.355 is the final hearing conducted by the9-6
hearing officer unless the board conducts a hearing with regard to the9-7
administrative complaint.9-8
2. The board shall notify the person of its decision in writing by9-9
certified mail, return receipt requested. The decision of the board becomes9-10
effective on the date the person receives the notice or on the date the board9-11
receives a notice from the United States Postal Service stating that the9-12
person refused to accept delivery or could not be located.9-13
Sec. 20. NRS 632.430 is hereby amended to read as follows: 632.430 The board9-15
and curricula for schools of practical nursing,9-16
9-17
schools from9-18
cause.9-19
Sec. 21. NRS 632.440 is hereby amended to read as follows: 632.440 The board shall prescribe curricula and standards for schools9-21
and courses of professional nursing. The board shall provide for surveys of9-22
such schools and courses at such times as it may deem necessary. It shall9-23
9-24
this chapter and of the board. It shall evaluate and approve courses for9-25
affiliation with9-26
with schools of nursing which have applied for9-27
approval.9-28
Sec. 22. NRS 632.460 is hereby amended to read as follows: 632.460 1.9-30
professional nursing9-31
caused a thorough survey of the facilities of9-32
No such survey shall be deemed complete for the purposes of this section9-33
until a9-34
made to the board and9-35
received the full consideration of the whole board.9-36
2. If any school of professional nursing making application for9-37
9-38
indicates that any course required by the prescribed curriculum is9-39
to be offered by an institution9-40
10-1
10-2
report10-3
consideration of the board before10-4
school of professional nursing.10-5
Sec. 23. NRS 632.470 is hereby amended to read as follows: 632.470 1.10-7
otherwise provided in this subsection, the board shall periodically cause to10-8
be surveyed all10-9
this state.10-10
10-11
In lieu of causing the approved schools of professional nursing to be10-12
surveyed, the board may accept a survey and recommendation completed10-13
by a nationally recognized association that accredits schools of10-14
professional nursing, if the association has been approved by the board.10-15
2. If, after consideration of10-16
that10-17
standards required by this chapter and by the board, notice thereof in10-18
writing specifying the10-19
forthwith be given to10-20
3. The board shall revoke the10-21
school of professional nursing which fails to remedy such10-22
deficiencies within a reasonable time after receiving written notice thereof.~