Senate Bill 2730

AN ACT TO ESTABLISH A STATEWIDE PROGRAM FOR THE CERTIFICATION OF HEMODIALYSIS TECHNICIANS BY THE MISSISSIPPI BOARD OF NURSING; TO AMEND SECTION 73-15-17, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A statewide program for certification of hemodialysis technicians is created according to the rules adopted by the Mississippi Board of Nursing.

(2) Unless certified as a certified hemodialysis technician pursuant to this section, no person shall:

(a) Practice as a certified hemodialysis technician; or

(b) Use the title "certified hemodialysis technician" or "hemodialysis technician" or other title, abbreviation, letters, figures, signs or devices to indicate or imply that the person is a certified hemodialysis technician.

(3) The Mississippi Board of Nursing is authorized and empowered to:

(a) Maintain a permanent register of all certified hemodialysis technicians;

(b) Adopt rules for certified hemodialysis technician training programs, including standards and curricula;

(d) Grant, deny or withdraw approval from a training program that fails to meet prescribed standards or fails to maintain a current contract with the board;

(e) Develop, maintain and administer a certification examination or grant, deny or withdraw approval of a certification examination(s);

(f) Adopt rules for certification by examination, endorsement, renewal and reinstatement; and

(g) Conduct disciplinary hearings of certified hemodialysis technicians concerning the restriction, denial, suspension, revocation and/or discipline of a certificate holder in any manner specified in this section.

(4) Certified hemodialysis technician applicant qualifications. Any applicant for a certification to perform as a hemodialysis technician shall submit to the Mississippi Board of Nursing:

(a) An attested written application on a Mississippi Board of Nursing form;

(b) A diploma from an approved high school or the equivalent thereof, as determined by the appropriate education agency;

(c) Written official evidence of completion of a hemodialysis technician program approved by the Mississippi Board of Nursing;

(d) Evidence of competence in English related to health care/nursing, provided the first language is not English;

(e) The applicant shall pass the certification examination as approved by the Mississippi Board of Nursing; and

(f) Any other official records required by the Mississippi Board of Nursing.

(5) The Mississippi Board of Nursing may, in its discretion, refuse to accept the application of any person who has been convicted of a criminal offense under any provision of Title 97 or any offense included in Section 43-11-13 or 45-33-23, Mississippi Code of 1972, as now or hereafter amended, or any provision of this section.

(6) Every certificate issued by the Mississippi Board of Nursing to practice as a certified hemodialysis technician shall be renewed every two (2) years. The certified hemodialysis technician seeking renewal shall submit proof of employment as a certified hemodialysis technician, proof of having met continuing education requirements adopted by the Mississippi Board of Nursing and any other official records required by the Mississippi Board of Nursing.

(7) The Mississippi Board of Nursing shall establish nonrefundable fees necessary for the administration of this section, including, but not limited to, fees for initial certification by initial or subsequent examination, renewal of certification, reinstatement of a lapsed certificate, endorsement, initial review and approval of a training program, subsequent review and approval of a training program.

SECTION 2. 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.

(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.

(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.

(q) To establish and conduct a statewide program for certification of hemodialysis technicians pursuant to Section 1 of Senate Bill No. 2730, 2006 Regular Session.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.