MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Health and Human Services

By: Representative Holland

House Bill 1072

AN ACT TO AMEND SECTION 73-15-27, MISSISSIPPI CODE OF 1972, TO INCREASE THE MAXIMUM AMOUNT OF THE FEES THAT THE MISSISSIPPI BOARD OF NURSING MAY CHARGE FOR LICENSE RENEWAL AND LICENSE REINSTATEMENT UNDER THE NURSING PRACTICE LAW; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 73-15-27, Mississippi Code of 1972, is amended as follows:

     73-15-27.  The license of every person licensed under the provisions of this chapter shall be renewed biennially except as hereinafter provided:

          (a)  Registered nurses:

              (i)  The license to practice as a registered nurse shall be valid for two (2) calendar years, beginning January 1 of each uneven-numbered year and expiring December 31 in each even-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.

              (ii)  A notice for renewal of licensure will be mailed by the board on or before November 1 of the year the license expires to every person to whom a license was issued or renewed during the biennial period.  An application shall be completed and returned to the board by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed Two Hundred Fifty Dollars ($250.00).

              (iii)  Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the ensuing period of two (2) years.  Such renewal shall render the holder thereof the right to practice as a registered nurse.

              (iv)  A registered nurse may request in writing to the board that his or her license be placed on inactive status. The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such registered nurse while on inactive status.  A biennial renewal fee for inactive registered nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).

              (v)  Any registered nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a registered nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.

              (vi)  Any registered nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board on satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of a reinstatement fee not to exceed Two Hundred Fifty Dollars ($250.00), which shall not include the renewal fee for the current biennial period.  Any registered nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.

              (vii)  Any person practicing as a registered nurse during the time his or her license has lapsed shall be considered in violation of this chapter and shall be subject to the penalties provided for violation of this chapter, provided the registered nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.

          (b)  Licensed practical nurses:

              (i)  The license to practice as a licensed practical nurse shall be valid for two (2) calendar years, beginning January 1 of each even-numbered year and expiring December 31 in each uneven-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.

              (ii)  A notice for renewal of licensure will be mailed by the board on or before November 1 of the year the license expires to every person to whom a license was issued or renewed during the biennial period.  An application shall be completed and returned to the board by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed Two Hundred Fifty Dollars ($250.00).

              (iii)  Upon receipt of the application and fee, the board shall verify the accuracy of the application and issue to the applicant a certificate of renewal for the ensuing period of two (2) years.  Such renewal shall render the holder thereof the right to practice as a licensed practical nurse.

              (iv)  A licensed practical nurse may request in writing to the board that his or her license be placed on inactive status.  The board may grant such request and shall have authority, in its discretion, to attach conditions to the licensure of such licensed practical nurse while on inactive status.  A biennial renewal fee for inactive licensed practical nurses shall be set at the discretion of the board, not to exceed Fifty Dollars ($50.00).

              (v)  Any licensed practical nurse applying for a license, renewal of an active license, reinstatement of a lapsed license, or change from inactive to active status may be required to provide evidence of continuing basic nursing competencies when such nurse has not practiced nursing for compensation or performed the function of a licensed practical nurse in a voluntary capacity with or without compensation within the five-year period immediately prior to such application for a license, renewal, reinstatement or change of status.

              (vi)  Any licensed practical nurse who permits his or her license to lapse by failing to renew the license as provided above may be reinstated by the board upon satisfactory explanation for such failure to renew his or her license, by compliance with all other applicable provisions of this chapter, by completion of a reinstatement form, and upon payment of the reinstatement fee not to exceed Two Hundred Fifty Dollars ($250.00), which shall not include the renewal fee for the current biennial period.  Any licensed practical nurse who permits his or her license to lapse shall be notified by the board within fifteen (15) days of such lapse.

              (vii)  Any person practicing as a licensed practical nurse during the time his or her license has lapsed shall be considered an illegal practitioner and shall be subject to the penalties provided for violation of this chapter, provided the licensed practical nurse has not submitted the required reinstatement form and fees within fifteen (15) days after notification by the board of such lapse.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.