NOTICE OF PROPOSED CHANGES relating to the licensing and practice of nursing IN THE REGULATIONS OF THE BOARD OF NURSING

Brief Description: The Board of Nursing proposes to update various regulations relating to criteria for evaluation of nurse practitioner programs, licensure requirements, retired nurse license status, reinstatement, initial authorization, prescriptive authority, preceptorships, renewal, scope of practice, continuing competency requirements, certification requirements, lapsed certification, nurse aide training program approval, unprofessional conduct, administration of a non-herbal nutritional supplement, delegation of the administration of medication or injectable medication, nursing duties that may not be delegated, executive secretary, and eliminating the term “similar position that performs nurse aide duties”.

The Board of Nursing (Board) proposes to adopt regulation changes in Title 12, Chapter 44, of the Alaska Administrative Code, dealing with evaluation of nurse practitioner programs, application by examination, examinations, license by endorsement, retired nurse license status, reinstatement of lapsed license or retired license, initial authorization requirements for advanced nurse practitioners (ANPs) and certified registered nurse anesthetists (CRNAs), renewal requirements for ANPs and CRNAs, scope of practice, continuing competency requirements, certified nurse aide (CNA) certification requirements, CNA renewal requirements, lapsed certification, CNA training program approval, unprofessional conduct, administration of a non-herbal nutritional supplement, delegation of the administration of medication, delegation of the administration of injectable medication, nursing duties that may not be delegated, executive administrator, and definitions, including the following: 

1. 12 AAC 44.135, Evaluation of nurse practitioner programs, is proposed to be changed to adopt by reference the revised Criteria for Evaluation of Nurse Practitioner Programs. 

2. 12 AAC 44.290, Application for examination, is proposed to be changed to alter the requirements for licensure by examination. 

3. 12 AAC 44.300, Examinations, is proposed to be changed to alter the requirements for nursing applicants applying for a license by examination. 

4. 12 AAC 44.305, License by endorsement, is proposed to be changed to alter the requirements for nursing license by endorsement. 

5. 12 AAC 44.311, Retired nurse license status, is a proposed new section that establishes for the conversion of an active nursing license to a retired nurse license status.

6. 12 AAC 44.317, Reinstatement of a lapsed license, is proposed to be changed to alter the section title to read “Reinstatement of a lapsed or retired license”, and to change the provisions relating to reinstatement of a lapsed or retired status license.

7. 12 AAC 44.400, Requirements for initial authorization, is proposed to be changed to alter the requirements for initial authorization to practice as an ANP.

8. 12 AAC 44.440, Prescriptive authority, is proposed to be changed to alter the continuing education requirements for renewal of an ANP prescriptive authority.

9. 12 AAC 44.460, Preceptorships, is proposed to be changed to eliminate the preceptorship application fee.

10. 12 AAC 44.470, Renewal of advanced nurse practitioner authorization, is proposed to be changed to alter the requirements for renewal of an ANP authorization.

11. 12 AAC 44.500, Requirements for initial authorization, is proposed to be changed to alter the requirements for initial authorization to practice as a CRNA.

12. 12 AAC 44.510, Scope of practice, is proposed to be changed to adopt by reference the revised Scope of Nurse Anesthesia Practice.

13. 12 AAC 44.540, Renewal of certified registered nurse anesthetist authorization, is proposed to be changed to alter the requirements for renewal of a CRNA authorization.

14. 12 AAC 44.610, Continuing education requirements, is proposed to be changed to alter the continuing education requirements.

15. 12 AAC 44.620, Professional activities requirement, is proposed to be changed to alter the continuing competency requirements for renewal of a nursing license.

16. 12 AAC 44.630, Nursing employment requirement, is proposed to be changed to alter the provisions related to documentation of nursing employment toward fulfillment of the continuing competency requirements.

17. 12 AAC 44.800, Certification by examination, is proposed to be changed to alter the requirements for nurse aide certification by examination.

18. 12 AAC 44.805, Certification by endorsement, is proposed to be changed to alter the requirements for nurse aide certification by endorsement.

19. 12 AAC 44.810, Application for certification, is proposed to be changed to alter the requirements for certification as a nurse aide.

20. 12 AAC 44.815, Issuance and renewal of certification, is proposed to be changed to alter the provisions relating to nurse aide certification renewal requirements.

21. 12 AAC 44.820, Lapsed certification, is proposed to be changed to alter the reinstatement requirements for nurse aide certification.

22. 12 AAC 44.830, Application for training program approval, is proposed to be changed to alter the provisions relating to applicant seeking to establish a CNA training program approval.

23. 12 AAC 44.870, Unprofessional conduct, is proposed to be changed to alter what constitutes unprofessional conduct by a certified nurse aide.

24. 12 AAC 44.945, Administration of a non-herbal nutritional supplement, is proposed to be changed to alter the provisions related to administration of non-herbal nutritional supplement.

25. 12 AAC 44.965, Delegation of the administration of medication, is proposed to be changed to alter the provisions related to delegation of the administration of medication.

26. 12 AAC 44.966, Delegation of the administration of injectable medication, is proposed to be changed to alter the provisions relating to delegation of the administration of injectable medication.

27. 12 AAC 44.970, Nursing duties that may not be delegated, is proposed to be changed to alter the provisions related to the nursing duties that may not be delegated. 

28. 12 AAC 44.980, Executive Secretary, is proposed to be changed to alter the section title to read “Executive Administrator”, and to eliminate the title “Executive Secretary”.  

29. 12 AAC 44.990, Definitions, is proposed to be changed to eliminate the term “similar position that performs nurse aide duties”. 

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806.  Additionally, the Board will accept comments by facsimile at (907) 465-2974, and by electronic mail at jun.maiquis@alaska.gov.  The comments must be received not later than 4:30 p.m. on December 23, 2015.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806, or by e-mail at jun.maiquis@alaska.gov.   The questions must be received at least 10 days before the end of the public comment period.  The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx  or on the Alaska Online Public Notice System. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or jun.maiquis@alaska.gov not later than December 16, 2015, to ensure that any necessary accommodations can be provided. 

For a copy of the proposed regulation changes, contact Jun Maiquis at the address or phone number above, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUR-1115.pdf.    

A copy of material proposed for adoption by reference is available on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx.   

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action.  The language of the final regulation may be different from that of the proposed regulation.  You should comment during the time allowed if your interests could be affected.  Written comments and questions received are public records and are subject to public inspection.

Statutory Authority:  AS08.01.075; AS 08.01.100; AS 08.68.100; AS 08.68.111; AS 08.68.170; AS08.68.190; AS 08.68.200; AS 08.68.251; AS 08.68.270; AS 08.68.275; AS 08.68.276; AS 08.68.280; AS 08.68.290; AS 08.68.330; AS 08.68.331; AS 08.68.334; AS 08.68.336; AS 08.68.805; AS 08.68.850

Statutes Being Implemented, Interpreted, or Made Specific:  AS 08.01.075; AS 08.01.100; AS 08.68.100; AS 08.68.111; AS 08.68.170; AS 08.68.190; AS 08.68.200; AS 08.68.251; AS 08.68.270; AS 08.68.275; AS 08.68.276; AS 08.68.280; AS 08.68.290; AS 08.68.330; AS 08.68.331; AS 08.68.334; AS 08.68.336; AS 08.68.805; AS 08.68.850 

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 11/20/15

Jun Maiquis, Regulations Specialist

Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION

(AS 44.62.190(d)) 

1.   Adopting agency:  Board of Nursing – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing. 

2.   General subject of regulation:  Evaluation of nurse practitioner programs, application by examination, examinations, license by endorsement, retired nurse license status, reinstatement of lapsed license or retired license, requirements for initial authorization to practice as an advanced nurse practitioner (ANP) and a certified registered nurse anesthetist (CRNA), renewal requirements for ANP and CRNA, scope of practice, continuing competency requirements, certified nurse aide (CNA) certification requirements, CNA renewal requirements, lapsed certification, CNA training program approval, unprofessional conduct, administration of a non-herbal nutritional supplement, delegation of the administration of medication, delegation of the administration of injectable medication, nursing duties that may not be delegated, executive administrator, and definitions.

3.   Citation of regulation:  12 AAC 44.135 through 12 AAC 44.990. 

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action:  Update and clarification of current regulations, and compliance with state statute. 

6.   Appropriation/Allocation:  Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:

      A private person:  $165 retired nurse license status one-time fee.

      Another state agency:  None known.

      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2016 or in subsequent years.

9.   The name of the contact person for the regulation:

      Jun Maiquis, Regulations Specialist

      Division of Corporations, Business and Professional Licensing

      Department of Commerce, Community, and Economic Development

      Telephone:(907) 465-2537

      E-mail: jun.maiquis@alaska.gov 

10.   The origin of the proposed action:  Board of Nursing.

11.   Date: 11/20/15

Prepared by: Jun Maiquis, Regulations Specialist