MISSISSIPPI LEGISLATURE
2010 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 TERMS "PRACTICE OF MIDWIFERY" AND "CERTIFIED NURSE MIDWIFE" FOR THE PURPOSES OF THE NURSING PRACTICE LAW; TO REMOVE THE ROLLBACK TO FORMER LAW PROVISION OF THIS SECTION; TO CREATE NEW SECTION 73-15-24, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF NURSING SHALL REGULATE THE PRACTICE OF MIDWIFERY; TO PROVIDE THAT THE PRACTICE OF MIDWIFERY SHALL ONLY BE CONDUCTED BY CERTIFIED NURSE MIDWIVES; TO PROVIDE THAT ANY PERSON WHO IS NOT A CERTIFIED NURSE MIDWIFE WHO ENGAGES IN THE PRACTICE OF MIDWIFERY SHALL BE SUBJECT TO CRIMINAL PENALTIES AND INJUNCTIVE RELIEF; TO PROVIDE AN EXEMPTION FROM THE PROVISIONS OF THAT SECTION FOR CERTAIN PERSONS; TO AMEND SECTION 73-25-33, MISSISSIPPI CODE OF 1972, TO REMOVE FROM THE DEFINITION OF THE PRACTICE OF MEDICINE THE EXCEPTION FOR FEMALES ENGAGED SOLELY IN THE PRACTICE OF MIDWIFERY; 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:
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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 requires 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 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 and implemented by the Mississippi Board of Nursing.
(3) "Clinical nurse specialist practice" by a certified clinical nurse specialist means the delivery of advanced practice nursing care to individuals or groups using advanced diagnostic and assessment skills to manage and improve the health status of individuals and families; diagnose human responses to actual or potential health problems; plan for health promotion, disease prevention, and therapeutic intervention in collaboration with the patient or client; implement therapeutic interventions based on the nurse specialist's area of expertise and within the scope of advanced nursing practice, including, but not limited to, direct patient care, counseling, teaching, collaboration with other licensed health care providers; and, coordination of health care as necessary and appropriate and evaluation of the effectiveness of care.
(4) "Advanced nursing practice" means, in addition to the practice of professional nursing, the performance of advanced-level nursing approved by the board which, by virtue of graduate education and experience are appropriately performed by an advanced practice registered nurse. The advanced practice registered nurse may diagnose, treat and manage medical conditions. This may include prescriptive authority as identified by the board. Advanced practice registered nurses must practice in a collaborative/consultative relationship with a physician or dentist with an unrestricted license to practice in the State of Mississippi and advanced nursing must be performed within the framework of a standing protocol or practice guidelines, as appropriate.
(5) 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.
(6) A "license" means an authorization to practice nursing as a registered nurse or a licensed practical nurse designated herein.
(7) A "registered nurse" is a person who is licensed or holds the privilege to practice under the provisions of this article and who practices nursing as defined herein. "R.N." is the abbreviation for the title of Registered Nurse.
(8) A "licensed practical nurse" is a person who is licensed or holds the privilege to practice under this article and who practices practical nursing as defined herein. "L.P.N." is the abbreviation for the title of Licensed Practical Nurse.
(9) A "registered nurse in clinical practice" is one who functions in any health care delivery system which provides nursing services.
(10) A "clinical nurse specialist" is a person who is licensed or holds the privilege to practice under this article in this state to practice professional nursing and who in this state practices advanced nursing as defined herein. "C.N.S." is the abbreviation for the title of Clinical Nurse Specialist.
(11) An "advance practice registered nurse" is a person who is licensed or holds the privilege to practice under this article and who is certified in advanced practice registered nurse or specialized nursing practice and includes certified registered nurse midwives, certified registered nurse anesthetists and certified nurse practitioners. "C.N.M" is the abbreviation for the title of Certified Nurse Midwife, "C.R.N.A." is the abbreviation for the title of Certified Registered Nurse Anesthetist. "C.N.P." is the abbreviation for the title of Certified Nurse Practitioner.
(12) 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.
(13) 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.
(14) "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.
(15) "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.
(16) "Practice of midwifery" means the management of women's health care, focusing particularly on common primary care issues, family planning and gynecologic needs of women, pregnancy, childbirth, the postpartum period and the care of the newborn.
(17) "Certified nurse midwife" means a person who is educated in the two (2) disciplines of nursing and midwifery, is licensed as a registered nurse or holds the privilege to practice under the provisions of this article, and possesses evidence of national certification as approved by the board.
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SECTION 2. The following shall be codified as Section 73-15-24, Mississippi Code of 1972:
73-15-24. (1) The board shall regulate the practice of midwifery. The practice of midwifery shall only be conducted by certified nurse midwives. Any person who is not a certified nurse midwife who engages in the practice of midwifery shall be subject to the penalties provided under Section 73-15-33 and the injunctive relief provisions of Section 73-15-35.
(2) The provisions of subsection (1) of this section do not apply to any person who was engaged in the practice of midwifery for a period of not less than five (5) years immediately preceding July 1, 2010, provided that the person submits sufficient proof of that practice to the board not later than July 1, 2011. The sufficiency of the proof submitted by any such person shall be determined by the board.
SECTION 3. Section 73-25-33, Mississippi Code of 1972, is amended as follows:
73-25-33. The practice of medicine shall mean to suggest, recommend, prescribe, or direct for the use of any person, any drug, medicine, appliance, or other agency, whether material or not material, for the cure, relief, or palliation of any ailment or disease of the mind or body, or for the cure or relief of any wound or fracture or other bodily injury or deformity, or the practice of obstetrics or midwifery, after having received, or with the intent of receiving therefor, either directly or indirectly, any bonus, gift, profit or compensation * * *.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.