2003 Regular Session
To: Public Health and Welfare
By: Senator(s) Huggins
AN ACT TO AMEND SECTION 73-15-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT REGULATIONS ADOPTED BY THE MISSISSIPPI BOARD OF NURSING SHALL NOT BE MORE STRINGENT THAN THOSE PROMULGATED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) REGARDING THE PRACTICE OF NURSING IN PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES OPERATING IN THIS STATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-15-17, Mississippi Code of 1972, is amended as follows:
73-15-17. The Mississippi Board of Nursing is authorized and empowered to:
(a) Adopt and from time to time revise such rules and regulations consistent with the law as shall be necessary to govern its proceedings and carry into effect the provisions of this chapter. Provided, however, that the regulations regarding the practice of nursing in psychiatric residential treatment facilities (PRTF) promulgated by the Mississippi Board of Nursing shall be no more stringent than the regulations promulgated for such practice by the Centers for Medicare and Medicaid Services (CMS) of the federal Department of Health and Human Services.
(b) Require the secretary to keep records of all meetings of the board and keep a record of all proceedings, and to prepare a register of registered nurses and a register of licensed practical nurses, all nurses appearing thereon to be duly licensed under this chapter, and which registers shall be open for public inspection at all reasonable times.
(c) Issue subpoenas, require attendance of witnesses, and administer oaths of persons giving testimony.
(d) Cause the prosecution of all persons violating the provisions of this chapter, and incur such necessary expenses therefor.
(e) Conduct hearings upon charges calling for discipline of a licensee or revocation of a license or of the privilege to practice.
(f) Present a true and full report to the Governor and the Legislature, together with statement of receipts and disbursements on or before February 1 of each year.
(g) Maintain an office in Jackson for the administration of this chapter.
(h) File an annual list of all certificates of registration issued by the board with the Secretary of State's office for both registered nurses and licensed practical nurses.
(i) File an annual list of all certificates of registration issued by the board to registered nurses, including addresses of the persons with the Mississippi Nurses' Association; and file a similar list of all certificates of registration issued to licensed practical nurses, including addresses of the persons, with the Mississippi Federation of Licensed Practical Nurses and the Mississippi Licensed Practical Nurses Association.
(j) Adopt a seal which shall be in the form of a circle with the image of an eagle in the center, and around the margin the words "Mississippi Board of Nursing," and under the image of the eagle the word "Official." The seal shall be affixed to certificates and warrants issued by the board, and to all records sent up on appeal from its decisions.
(k) Schedule dates and locations for state board examinations for examining qualified applicants for licensure.
(l) Examine, license and renew licenses of duly qualified applicants.
(m) Appoint and employ a qualified person who shall not be a member of the board to serve as executive director, define the duties, fix the compensation, and delegate to him or her those activities that will expedite the functions of the board. The executive director shall meet all the qualifications for board members, and shall in addition:
(i) Have had at least a master's degree in nursing, eight (8) years' experience as a registered nurse, five (5) of which shall be in teaching or in administration, or a combination thereof; and
(ii) Have been actively engaged in nursing for at least five (5) years immediately preceding appointment.
(n) Employ, discharge, define duties and fix compensation of such other persons as may be necessary to carry out the provisions of this chapter.
(o) Secure the services of research consultants as deemed necessary who shall receive a per diem, travel and other necessary expenses incurred while engaged by the board.
(p) To enter into contracts with any other state or federal agency or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities.
SECTION 2. This act shall take effect and be in force from and after July 1, 2003.