2005 Regular Session
To: Public Health and Human Services
By: Representative Holland
AN ACT TO AMEND SECTION 73-15-5, MISSISSIPPI CODE OF 1972, TO DEFINE THE PRACTICE OF NURSING BY A NURSE PRACTITIONER UNDER THE NURSING PRACTICE LAW; TO SPECIFY THE REQUIREMENTS THAT MUST BE MET BEFORE CERTIFICATION BY THE BOARD OF NURSING TO ALLOW A REGISTERED NURSE TO PRACTICE AS A NURSE PRACTITIONER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-15-5, Mississippi Code of 1972, is amended as follows:
73-15-5. (1) "Board" means the Mississippi Board of Nursing.
(2) The "practice of nursing" by a registered nurse means the performance for compensation of services which require substantial knowledge of the biological, physical, behavioral, psychological and sociological sciences and of nursing theory as the basis for assessment, diagnosis, planning, intervention and evaluation in the promotion and maintenance of health; management of individuals' responses to illness, injury or infirmity; the restoration of optimum function; or the achievement of a dignified death. "Nursing practice" includes, but is not limited to, administration, teaching, counseling, delegation and supervision of nursing, and execution of the medical regimen, including the administration of medications and treatments prescribed by any licensed or legally authorized physician or dentist. The practice of nursing by a nurse practitioner means the practice of nursing according to standards and guidelines of a national certification organization recognized by the Board of Nursing in accordance with Board of Nursing approved protocol/practice guidelines in a collaborative/consultative relationship with a licensed physician or dentist whose practice is compatible with that of the nurse practitioner. If, after a diligent effort to obtain a collaborative/consultative agreement, the nurse practitioner is unable to obtain a collaborative/consultative agreement, the Board of Nursing may waive, for up to one (1) year, the requirement of a collaborative/consultative relationship upon a showing that the applicant has made a diligent effort to obtain a collaborative/consultative agreement and agrees to practice in an underserved area of the state. The foregoing shall not be deemed to include acts of medical diagnosis or prescriptions of medical, therapeutic or corrective measures, except as may be set forth by rules and regulations promulgated jointly by the State Board of Medical Licensure and the Mississippi Board of Nursing and implemented by the Mississippi Board of Nursing. Before certification by the Board of Nursing to allow a registered nurse to practice as a nurse practitioner, the registered nurse must be currently licensed as a registered nurse in Mississippi or another state participating in the Nurse Licensure Compact or hold a temporary permit to practice as a registered nurse in Mississippi; submit required applications and fees; submit official evidence of graduation from an accredited program recognized by the board; and hold current certification as a nurse practitioner in a designated area of practice by a national certification organization recognized by the board. Nurse practitioner applicants who graduated from a nurse practitioner program and were nationally certified as a nurse practitioner before December 31, 1993, may submit evidence of graduation from an accredited educational program for registered nurses. Nurse practitioner applicants who graduated from a nurse practitioner program after December 31, 1998, must submit official evidence of graduation from a graduate program with a concentration in the applicant’s respective advanced practice nursing specialty.
(3) The "practice of nursing" by a licensed practical nurse means the performance for compensation of services requiring basic knowledge of the biological, physical, behavioral, psychological and sociological sciences and of nursing procedures which do not require the substantial skill, judgment and knowledge required of a registered nurse. These services are performed under the direction of a registered nurse or a licensed physician or licensed dentist and utilize standardized procedures in the observation and care of the ill, injured and infirm; in the maintenance of health; in action to safeguard life and health; and in the administration of medications and treatments prescribed by any licensed physician or licensed dentist authorized by state law to prescribe. On a selected basis, and within safe limits, the role of the licensed practical nurse shall be expanded by the board under its rule-making authority to more complex procedures and settings commensurate with additional preparation and experience.
(4) A "license" means an authorization to practice nursing as a registered nurse or a licensed practical nurse designated herein.
(5) A "registered nurse" is a person who is licensed or holds the privilege to practice under the provisions of this chapter and who practices nursing as defined herein. "R.N." is the abbreviation for the title of Registered Nurse.
(6) A "licensed practical nurse" is a person who is licensed or holds the privilege to practice under this chapter and who practices practical nursing as defined herein. "L.P.N." is the abbreviation for the title of Licensed Practical Nurse.
(7) A "registered nurse in clinical practice" is one who functions in any health care delivery system which provides nursing services.
(8) A "nurse educator" is a registered nurse who meets the criteria for faculty as set forth in a state accredited program of nursing for registered nurses, or a state approved program of nursing for licensed practical nurses, and who functions as a faculty member.
(9) A "consumer representative" is a person representing the interests of the general public, who may use services of a health agency or health professional organization or its members but who is neither a provider of health services, nor employed in the health services field, nor holds a vested interest in the provision of health services at any level, nor has an immediate family member who holds vested interests in the provision of health services at any level.
(10) "Privilege to practice" means the authorization to practice nursing in the state as described in the Nurse Licensure Compact provided for in Section 73-15-22.
(11) "Licensee" is a person who has been issued a license to practice nursing in the state or who holds the privilege to practice nursing in the state.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.