MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Public Health and Welfare

By: Senator(s) Burton

Senate Bill 2088

AN ACT TO AMEND SECTION 73-15-1, MISSISSIPPI CODE OF 1972, TO CHANGE THE TITLE OF THE MISSISSIPPI NURSING PRACTICE LAW TO THE MISSISSIPPI NURSE PRACTICE LAW; TO AMEND SECTION 73-15-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PURPOSE OF THE NURSE PRACTICE LAW AND TO CLARIFY THE REQUIREMENT FOR COLLABORATION BY ADVANCED PRACTICE NURSES; TO AMEND SECTION 73-15-5, MISSISSIPPI CODE OF 1972, TO REVISE SEVERAL DEFINITIONS UNDER THE NURSE PRACTICE LAW; TO AMEND SECTION 73-15-7, MISSISSIPPI CODE OF 1972, TO REVISE THE EXCEPTIONS FROM THE NURSE PRACTICE LAW; TO AMEND SECTION 73-15-9, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE MISSISSIPPI BOARD OF NURSING; TO AMEND SECTION 73-15-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MANNER OF GIVING NOTICE OF SPECIAL MEETINGS OF THE BOARD TO THE MEMBERS; TO AMEND SECTION 73-15-13, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT FUNDS OF THE BOARD BE DEPOSITED IN THE STATE TREASURY; TO AMEND SECTION 73-15-15, MISSISSIPPI CODE OF 1972, TO REVISE THE QUALIFICATIONS FOR MEMBERS OF THE BOARD; TO AMEND SECTION 73-15-17, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF THE BOARD; TO AMEND SECTION 73-15-18, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE NURSING WORKFORCE ADVISORY COMMITTEE; TO AMEND SECTION 73-15-19, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR REGISTERED NURSES; TO AMEND SECTION 73-15-20, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR ADVANCED PRACTICE REGISTERED NURSES; TO AMEND SECTION 73-15-21, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR LICENSED PRACTICAL NURSES; TO BRING FORWARD SECTION 73-15-22, MISSISSIPPI CODE OF 1972, WHICH IS THE NURSE LICENSURE COMPACT, FOR AMENDMENT; TO AMEND SECTION 73-15-23, MISSISSIPPI CODE OF 1972, TO CLARIFY A REFERENCE TO THE NURSE LICENSURE COMPACT ADMINISTRATOR; TO REPEAL SECTION 73-15-25, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION THROUGH ITS DIVISION OF VOCATIONAL EDUCATION TO CONTRACT WITH THE STATE BOARD FOR COMMUNITY AND JUNIOR COLLEGES TO ESTABLISH UNIFORM STANDARDS FOR THE ACCREDITATION OF SCHOOLS OF PRACTICAL NURSING IN THIS STATE; TO AMEND SECTION 73-15-27, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING THE RENEWAL AND REINSTATEMENT OF LICENSES; TO AMEND SECTION 73-15-29, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING THE GROUNDS FOR SUSPENDING OR REVOKING LICENSES AND PENALTIES FOR ENGAGING IN PROHIBITED CONDUCT; TO AMEND SECTION 73-15-31, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISIONS APPLICABLE TO DISCIPLINARY PROCEEDINGS; TO CREATE NEW SECTION 73-15-32, MISSISSIPPI CODE OF 1972, TO CONSOLIDATE THE PROCEDURES FOR RESTORATION OF SUSPENDED OR REVOKED LICENSES; TO AMEND SECTION 73-15-33, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING VIOLATIONS AND PENALTIES; TO AMEND SECTION 73-15-35, MISSISSIPPI CODE OF 1972, TO CLARIFY CERTAIN PROVISIONS REGARDING INJUNCTIVE RELIEF; TO AMEND SECTION 73-15-101, MISSISSIPPI CODE OF 1972, TO REVISE THE LICENSE APPLICATION AND ISSUANCE PROCEDURES FOR CERTIFIED CLINICAL HEMODIALYSIS TECHNICIANS; AND FOR RELATED PURPOSES.

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

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

     73-15-1.  This article shall be cited as the "Mississippi * * *Nursing Nurse Practice Law," which creates and empowers the Mississippi Board of Nursing to regulate nursing and to enforce the provisions of the law.

     SECTION 2.  Section 73-15-3, Mississippi Code of 1972, is amended as follows:

     73-15-3. * * *In order to safeguard life and health, any person practicing or offering to practice as a registered nurse or a licensed practical nurse in Mississippi for compensation shall hereafter be required to submit evidence of qualifications to practice and shall be licensed or hold the privilege to practice as hereinafter provided.  It shall be unlawful for any person not licensed or holding the privilege to practice under the provisions of this article:

  (a)  To practice or offer to practice as a registered nurse or a licensed practical nurse;

  (b)  To use a sign, card or device to indicate that such person is a registered nurse or a licensed practical nurse.

Any person offering to practice nursing in Mississippi must be licensed or otherwise authorized to practice as provided in this article.  The Mississippi Board of Nursing is a consumer protection agency with the authority to regulate the practice of nursing through licensure and to establish the scope of nursing practice.  The purpose of this law is to protect the health, safety and welfare of the residents of this state.

     SECTION 3.  Section 73-15-5, Mississippi Code of 1972, is amended as follows:

     73-15-5.  (1)  "Board" means the Mississippi Board of Nursing.

     (2)  "Nurse" means a person licensed to practice nursing in Mississippi or otherwise authorized to practice as provided in this article.

     ( * * *23) * * *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 by an advanced practice registered nurse" 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 in addition to the practice as a registered nurse.  The advanced practice registered nurse may diagnose, treat, prescribe and manage medical conditions.  This may include controlled substance prescriptive authority being granted as identified by the board.  Advanced practice registered nurses * * * must may, but shall not be required to 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 evidence-based standards of practice.

     (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, an advanced practice registered nurse, or a licensed physician or licensed dentist and * * *utilize use 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, advanced practice registered nurse, 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, an advanced practice registered nurse, or a licensed practical nurse * * *designated herein as defined in this section.

     (7) * * *A  "Registered nurse" * * *is means a person who is licensed or holds the privilege to practice under the provisions of this article and who practices nursing as defined * * * herein in this section.  "RN" is the abbreviation for the title of Registered Nurse.

     (8) * * *A  "Licensed practical nurse" * * *is means a person who is licensed or holds the privilege to practice under this article and who practices practical nursing as defined * * *herein in this section.  "LPN" 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.

     ( * * *119) * * *An  "Advanced practice registered nurse" * * *is means a person who is licensed or holds the privilege to practice under this article and * * *who is * * *certified licensed in advanced practice * * *registered nurse or specialized nursing practice and includes nursing.  An advanced practice registered nurse is recognized in one (1) of the four (4) following advanced practice roles:  certified registered nurse * * *midwives midwife, certified registered nurse * * * anesthetists and anesthetist, certified registered nurse * * * practitioners practitioner and clinical nurse specialist"APRN" is the abbreviation for the title of Advanced Practice Registered Nurse.  "CNM" is the abbreviation for the title of Certified Registered Nurse Midwife, "CRNA" is the abbreviation for the title of Certified Registered Nurse Anesthetist.  "CNP" is the abbreviation for the title of Certified Registered Nurse Practitioner.  "CNS" is the abbreviation for the title of Clinical Nurse Specialist.

 * * * (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.

     ( * * *1310) * * *A  "Consumer representative" * * *is means 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.

     ( * * *1411)  "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.

     ( * * *1512)  "Licensee" * * *is means 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 4.  Section 73-15-7, Mississippi Code of 1972, is amended as follows:

     73-15-7.  The following shall be excepted from the provisions of this article:

          (a)  Gratuitous nursing by friends and members of the family.

          (b)  The furnishing of nursing assistance in an emergency.

          (c)  The practice of nursing * * * which that is incidental to a program of study by a student enrolled in an approved educational program of nursing, provided the practice is under the supervision of a registered nurse licensed in Mississippi.

 * * *  (d)  The practice of nursing by a graduate of an approved educational program of nursing pending the results of the first licensing examination scheduled by the board following such graduation, provided the practice is under the supervision of a registered nurse or a licensed physician if the nurse is practicing in a physician's office and the graduate holds a temporary permit to practice nursing in Mississippi.

          ( * * *ed)  The practice of nursing by any legally qualified nurse of another state who is employed by the United States Government or any bureau, division or agency thereof while in the discharge of his or her official duties.

 * * *  (f)  The practice of nursing by a registered nurse or a licensed practical nurse for a period of not more than ninety (90) days pending licensure in Mississippi, provided the nurse upon employment has furnished the employer with satisfactory evidence of current registration and licensure in another state, and provided such nurse furnishes evidence to the prospective employer of having submitted proper application and fees to the board prior to employment and holds a temporary permit to practice nursing in Mississippi.

  (g)  The furnishing of nursing assistance by any duly qualified auxiliary personnel employed by state mental health facilities until December 31, 1983.

  (h)  Any registered nurse or licensed practical nurse for nursing duties performed in a physician's office under the direction and supervision of a licensed physician; provided, however, that said registered nurse or licensed practical nurse shall otherwise comply with the other provisions of this article.

          ( * * *ie)  The infliction of the punishment of death * * * pursuant to under Section 99-19-51.

     SECTION 5.  Section 73-15-9, Mississippi Code of 1972, is amended as follows:

     73-15-9.  (1)  There is * * * hereby created a board to be known as the Mississippi Board of Nursing, composed of thirteen (13) members, * * * two (2) of whom shall be nurse educators; three (3) of whom shall be registered nurses in clinical practice, two (2) to have as basic nursing preparation an associate degree or diploma and one (1) to have as basic nursing preparation a baccalaureate degree; one (1) of whom shall be a registered nurse at large; one (1) of whom shall be a registered nurse practitioner; four (4) of whom shall be licensed practical nurses; one (1) of whom shall be a including seven (7) registered nurses, one (1) of whom shall be an advanced practice registered nurse; four (4) licensed practical nurses; one (1) licensed physician who * * * shall always be currently serves as a member of the State Board of Medical Licensure; and one (1) * * * of whom shall represent representative of consumers of health services.  There shall be at least one (1) board member from each congressional district in the state; * * * provided, however, * * * that the physician member, the consumer representative member and one (1) registered nurse member shall be at large always.

     (2)  Members of the * * * Mississippi board * * * of Nursing, excepting the member of the State Board of Medical Licensure, shall be appointed by the Governor, with the advice and consent of the Senate, from lists of nominees submitted by any Mississippi * * * registered nurse organization and/or association chartered by the State of Mississippi whose board of directors is elected by the membership and whose membership includes * * * registered nurses statewide * * *, for the nomination of registered nurses, and by the Mississippi Federation of Licensed Practical Nurses and the Mississippi Licensed Practical Nurses' Association for the nomination of a licensed practical nurse.  Nominations submitted by any such * * * registered nurse organization or association to fill vacancies on the board shall be made and voted on by * * * registered nurses only.  Each list of nominees shall contain a minimum of three (3) names for each vacancy to be filled.  The list of names shall be submitted at least thirty (30) days before the expiration of the term for each position.  If such list is not submitted, the Governor is authorized to make an appointment from the group affected and without nominations.  Appointments made to fill vacancies for unexpired terms shall be for the duration of such terms and until a successor is duly appointed.

     (3)  Members of the board shall be appointed in staggered terms for four (4) years or until a successor shall be duly qualified.  No member may serve more than two (2) consecutive full terms. * * *  Members of the board serving on July 1, 1988, shall continue to serve for their appointed terms.

     (4)  Vacancies occurring by reason of resignation, death or otherwise shall be filled by appointment of the Governor upon nominations from a list of nominees from the affected group to be submitted within not more than thirty (30) days after such a vacancy occurs.  In the absence of such list, the Governor is authorized to fill such vacancy in accordance with the provisions for making full-term appointments.  All vacancy appointments shall be for the unexpired terms.

     (5)  Any member may be removed from the board by the Governor * * * after a hearing by the board and provided such removal is recommended following a recommendation by the executive committee * * * of the affected group and a quorum vote by the board at a regular or special meeting.

     SECTION 6.  Section 73-15-11, Mississippi Code of 1972, is amended as follows:

     73-15-11.  (1)  The members of the * * * Mississippi board * * * of Nursing shall meet annually and organize for the ensuing year by election of one (1) of its members as president, one (1) as secretary, and one (1) as treasurer.  The physician member and the representative of consumers of health services may discuss and nominate but shall not vote for officers nor hold office in such elections.

     (2)  The board shall meet at least once every four (4) months for the purpose of transacting such business as may come before the board.  Any member who shall not attend two (2) consecutive meetings of the board shall be subject to removal by the Governor.  The president of the board shall notify the Governor in writing when any such member has failed to attend two (2) consecutive regular meetings.

     (3)  Special meetings of the board may be held on call of the president or upon call of any seven (7) members.  A written notice of time, place and purpose of any special meeting shall be * * * mailed sent by the executive director to all members of the board not less than ten (10) days before the meeting is held.

     (4)  On all matters the board shall function as a board of thirteen (13) members, and seven (7) members, including at least three (3) registered nurses and two (2) practical nurses, shall constitute a quorum.  In any case, the affirmative vote of a majority of the members present and participating shall be necessary to take action.  In all cases pertaining to practical nursing, such majority must include the affirmative vote of at least one (1) of the practical nurse members of the board.

 * * * (5)  The board shall hold not less than two (2) examinations each year for registered nurses and not less than two (2) each year for licensed practical nurses, at such times and places as the board may determine.

     ( * * *65)  Each member of the board shall receive a per diem compensation as provided in Section 25-3-69 for attendance at board meetings, together with necessary travel and other expenses incurred in the discharge of his or her duties as a board member.

     SECTION 7.  Section 73-15-13, Mississippi Code of 1972, is amended as follows:

     73-15-13.  (1)  All fees from examination, registration and licensure of nurses as provided for hereafter, and all monies coming into possession of the board * * * from any source whatsoever, shall be paid to the treasurer who shall issue receipts therefor and the same shall be deposited * * * in the state treasury to the credit of the board.

     (2)  The funds collected by this board shall be expended only * * * pursuant to upon appropriation approved by the Legislature and as provided by law.

     (3)  The treasurer and executive director shall execute surety bonds in a sum to be determined by the board, conditioned upon the faithful performance of their duties and upon their accounting for all monies coming into their hands.  The premium for the bond shall be paid by the board funds.  Funds shall not be withdrawn or expended except upon approval of the board.

     (4)  All administrative funds collected for administrative costs shall be deposited into a special fund operating account of the board.

     SECTION 8.  Section 73-15-15, Mississippi Code of 1972, is amended as follows:

     73-15-15.  (1)  Each board member shall be a citizen of the United States, a resident of the State of Mississippi, and shall before entering upon duties of said office take the oath prescribed by Section 268 of the Constitution of the State of Mississippi and file same with the Office of the Secretary of State who shall thereupon issue such person so appointed a certificate of appointment.

     (2)  Each * * * registered nurse RN board member shall * * * possess these additional qualifications: be a graduate from an approved educational program for the preparation of RNs; be licensed in good standing under the provisions of this article; be currently engaged in RN practice; and have no less than five (5) years' experience as an RN, at least three (3) of which immediately preceded appointment.

 * * *  (a)  Education - graduation from an approved educational program for the preparation of registered nurses;

  (b)  Experience - have at least five (5) years of nursing experience since graduation;

  (c)  Employment - have been employed for at least the past three (3) years as a registered nurse in Mississippi;

  (d)  Licensure - be currently registered to practice as a registered nurse in the State of Mississippi.

     (3)  Each * * * licensed practical nurse LPN board member * * * possess these additional qualifications: shall be a graduate from an approved educational program for the preparation of LPNs; be licensed in good standing under the provisions of this article; be currently engaged in LPN practice; and have no less than five (5) years' experience as an LPN, at least three (3) of which immediately preceded appointment.

 * * *  (a)  Education - graduation from an approved educational program for the preparation of licensed practical nurses;

  (b)  Experience - have at least five (5) years of nursing experience since graduation;

  (c)  Employment - have been employed for at least the past three (3) years as a licensed practical nurse in Mississippi;

  (d)  Licensure - be currently registered to practice as a licensed practical nurse in the State of Mississippi.

     (4)  The APRN board member shall have completed a formal comprehensive program with a graduate or post-graduate certification (either post-masters or post-doctoral) that is awarded by an academic institute and accredited by a nursing or nursing-related accrediting organization recognized by the United States Department of Education (USDE) and/or the Council for Higher Education Accreditation (CHEA); be licensed in good standing under the provisions of this article; be currently engaged in APRN practice; and have no less than five (5) years' experience as an APRN, at least three (3) of which immediately preceded appointment.

     ( * * *45)  The physician member shall be a physician licensed to practice in the State of Mississippi and a member of the State Board of Medical Licensure.

     (6)  The consumer board member shall be a resident of this state and shall not be, nor shall ever have been, a person who has ever had any material financial interest in the provision of nursing service or who has engaged in any activity directly related to nursing.

     SECTION 9.  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 article.  Make, adopt, amend, repeal and enforce such administrative rules consistent with the law as it deems necessary for the proper administration of this law and to protect public health, safety and welfare.

          (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 article, and which registers shall be open for public inspection at all reasonable times.  Maintain membership in national organizations that develop national licensure examinations and exclusively promote the improvement of the legal standards of the practice of nursing for the protection of public health, safety and welfare.

          (c) * * *  Issue subpoenas, require attendance of witnesses, and administer oaths of persons giving testimony.  Develop standards for maintaining competence of licensees and requirements for returning to practice.

          (d) * * *  Cause the prosecution of all persons violating the provisions of this article, and incur such necessary expenses therefor.  Certify and regulate Certified Clinical Hemodialysis Technicians (CCHTs).

          (e) * * *  Conduct hearings upon charges calling for discipline of a licensee or revocation of a license or of the privilege to practice.  Develop and enforce standards for nursing 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.  Issue advisory opinions, interpretive statements and declaratory statements regarding the interpretation and application of the Nurse Practice Law and regulations adopted under this law.

          (g)  Regulate the manner in which nurses announce their practice to the public.

          (h)  Implement the discipline process:

              (i)  Issue subpoenas in connection with investigations, inspections and hearings.

              (ii)  Obtain access to records as reasonably requested by the board to assist the board in its investigation. The board shall maintain any records under this subparagraph as confidential data.

              (iii)  Order licensees to submit and pay for physical, mental health or chemical dependency evaluations for cause.

              (iv)  Prosecute alleged violations of this law.

              (v)  Conduct hearings, compel attendance of witnesses and administer oaths to persons giving testimony at hearings, consistent with administrative rules of the board.

              (vi)  Provide alternatives to discipline:

                   1.  Establish alternative programs for monitoring of nurses who agree to seek treatment of substance use disorders, mental health or physical health conditions that could lead to disciplinary action by the board as established by rule of the board; and

                   2.  Establish programs to educate and remediate nurses with practice concerns who meet criteria established by rule of the board.

          (i)  Discipline nurses for violation of any provision of this law.

          (j)  Maintain a record of all persons regulated by the board.

          (k)  Maintain records of proceedings as required by the laws of this state.

          (l)  Collect and analyze data regarding nursing education, nursing practice and nursing resources.  Data may be collected with license applications.

          (m)  Submit an annual report to the Governor summarizing the board's proceedings and activities.

          ( * * *gn)  Maintain an office in the greater Jackson area for the administration of this article.

 * * *  (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.

          ( * * *io)  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.

          ( * * *jp)  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.

          ( * * *lq)  Examine, license and renew licenses of duly qualified applicants.

          ( * * *mr)  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.

          ( * * *ns)  Employ, discharge, define duties, and fix compensation of such other persons as may be necessary to carry out the provisions of this article.

          ( * * *ot)  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.

          ( * * *pu)  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.

          ( * * *qv)  Upon reasonable suspicion that a holder of a license issued under this article has violated any statutory ground for denial of licensure as set forth in Section 73-15-29 or is guilty of any offense specified in Section 73-15-33, require the license holder to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database, in the same manner as required for applicants for licensure under * * *Sections 73-15-19(1) and 73-15-21(1) this article.

     SECTION 10.  Section 73-15-18, Mississippi Code of 1972, is amended as follows:

     73-15-18.  (1)  The * * *Mississippi board * * *of Nursing is designated as the state agency responsible for the administration and supervision of the Nursing Workforce Program as an educational curriculum in the State of Mississippi.  It is the intent of the Legislature to develop a nursing workforce able to carry out the scope of service and leadership tasks required of the profession by promoting a strong educational infrastructure between nursing practice and nursing education.  

     (2)  The * * *Mississippi board * * *of Nursing is authorized to establish an Office of Nursing Workforce within the administrative framework of the board for the purpose of providing coordination and consultation to nursing education and practice.  The Nursing Workforce Program shall encompass five (5) interdependent components:

          (a)  Develop and facilitate implementation of a state educational program directed toward nursing educators regarding health care delivery system changes and the impact these changes will have on curriculum and on the service needs of nurses.

          (b)  Determine the continuing education needs of the nursing workforce and facilitate such continuing education coursework through the university/college schools of nursing in the state and the community/junior college nursing programs in the state.

          (c)  Promote and coordinate through the schools of nursing opportunities for nurses prepared at the practical nurse certificate, associate nurse degree and * * *bachelor baccalaureate nurse degree levels to obtain higher degrees.

          (d)  Apply for and administer grants from public and private sources for the development of the Nursing Workforce Program prescribed in this section.

          (e)  Establish systems to ensure an adequate supply of nurses to meet the health care needs of the citizens of Mississippi.  This will include, but is not limited to, gathering and quantifying dependable data on current nursing workforce capacities and forecasting future requirements.  The Office of Nursing Workforce will report its findings annually to the * * *Mississippi Legislature.

     (3)  Pursuant to the provisions of subsections (1) and (2), the board * * *of Nursing is authorized to provide for the services of an Office of Nursing Workforce Director and such other professional and nonprofessional staff as may be needed and as funds are available to the board * * *of Nursing to implement the Nursing Workforce Program prescribed in this section.  It shall be the responsibility of such professional staff to coordinate efforts of the * * *bachelor baccalaureate degree schools of nursing, the associate degree schools of nursing, practical nurse programs and other appropriate state agencies * * *in the State of Mississippi to implement the Nursing Workforce Program.

     (4) * * *The Board of Nursing shall appoint  There shall be a Nursing Workforce Advisory Committee composed of health care professionals, health agency administrators, nursing educators and other appropriate individuals to provide technical advice to the Office of Nursing Workforce created in this section.  The members of the committee shall be appointed by the board * * *of Nursing from a list of nominees submitted by appropriate nursing and health care organizations in the State of Mississippi.  The executive director of the board shall be a permanent committee member of the Nursing Workforce Advisory Committee.  The members of the committee shall receive no compensation for their services, but may be reimbursed for actual travel expenses and mileage authorized by law for necessary committee business.

     (5)  All funds made available to the board * * *of Nursing for the purpose of nursing workforce shall be administered by the board office for that purpose.  The board * * *of Nursing is authorized to enter into contract with any private person, organization or entity capable of contracting for the purpose of administering this section.

     (6)  The Nursing Workforce Program and the Office of Nursing Workforce provided for in this section will be established and implemented only if sufficient funds are appropriated to or otherwise available to the Board of Nursing for that purpose.

     SECTION 11.  Section 73-15-19, Mississippi Code of 1972, is amended as follows:

     73-15-19.  (1)  Registered nurse applicant qualifications.  Any applicant for a license to practice as a registered nurse shall * * * submit to the board:

          (a)  Submit to the board an attested written application on a Board of Nursing form;

          (b)  Submit to the board written official evidence of completion of a nursing program approved by the Board of Trustees of State Institutions of Higher Learning, or one (1) approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country * * * which that is satisfactory to this board;

          (c)  Submit to the board evidence of competence in English related to nursing, provided the first language is not English;

          (d) * * *  Any other official records required by the board.

In addition to the requirements specified in paragraphs (a) through (d) of this subsection, in order to qualify for a license to practice as a registered nurse, an applicant must have successfully been cleared  Have successful clearance for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33.  To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.

     Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

     The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

     The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.

     The board 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 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article * * *.;

          (e)  Submit to the board any other official records required by the board.

     (2)  Licensure by examination.  (a)  Upon the board being satisfied that an applicant for a license as a registered nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to * * * examine such applicant in such subjects as the board shall, in its discretion, determine give authorization for examination.  The subjects in which applicants shall be examined shall be in conformity with curricula in schools of nursing approved by the Board of Trustees of State Institutions of Higher Learning, or one approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to the board.

          (b) * * *  The applicant shall be required to pass the written examination as selected by  The board shall authorize the administration of the examination to applicants for licensure as RNs.

          (c) * * *  Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a registered nurse  An applicant applying for licensure by examination must report any criminal conviction, nolo contendere plea, Alford plea, deferred judgment, or other plea arrangements in lieu of conviction.

          (d)  The board may * * * use any part or all of the state board test pool examination for registered nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules.  The passing score shall be established by the board in its rules employ, contract and cooperate with any entity in the preparation and process for determining results of a uniform licensure examination.  When such an examination is used, the board shall restrict access to questions and answers.

          (e)  The board shall determine whether a licensure examination may be repeated, the frequency of reexamination and any requisite education before reexamination.

     (3)  Licensure by examination of internationally educated applicants.  Requirements include:

          (a)  Graduation from a nursing program comparable to board-approved pre-licensure RN or LPN program, whichever is applicable, and meet all other requirements.

          (b)  Submission by the applicant of credentials by a credentials review agency for the level of licensure being sought.

          (c)  Successful passage of an English proficiency examination that includes the components of reading, speaking, writing and listening, except for applicants from countries where English is the native language, and the nursing program where the applicant attended was taught in English, used English textbooks and clinical experiences were conducted in English.

          (d)  Disclosure of nursing licensure status in country of origin, if applicable.

     ( * * *34Licensure by endorsement.  The board may issue a license to practice nursing as a registered nurse without examination to an applicant who has been duly licensed as a registered nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed registered nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state, at the time of his or her graduation.  The issuance of a license by endorsement to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

 * * * (4)  Requirements for rewriting the examination.  The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent rewriting.

     (5)  Fee.  The applicant applying for a license by examination or by endorsement to practice as a registered nurse shall pay a fee not to exceed One Hundred Dollars ($100.00) to the board.

     (6)  Temporary permit.  (a) * * *  The board may issue a temporary permit to practice nursing to a graduate of an approved school of nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or District of Columbia, or pending licensure procedures as provided for elsewhere in this article.  The fee shall not exceed Twenty-five Dollars ($25.00).

  (b)  The board may issue a temporary permit for a period of ninety (90) days to a registered nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement.  Such permit is not renewable except by board action.  The issuance of a temporary permit to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

 * * *  (c)  The board may issue a temporary permit to a graduate of an approved school of nursing pending the results of the first licensing examination scheduled after application.  Such permit is not renewable except by board action.

          ( * * *db)  The board may issue a temporary permit for a period of thirty (30) days to any registered nurse during the time enrolled in a nursing reorientation program.  This time period may be extended by board action.  The fee shall not exceed Twenty-five Dollars ($25.00).

          ( * * *ec)  The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.

     (7)  Temporary license.  The board may issue a temporary license to practice nursing at a youth camp licensed by the State * * * Board Department of Health to nonresident registered nurses and retired resident registered nurses under the provisions of Section 75-74-8.

     (8)  Title and abbreviation.  Any person who holds a license or holds the privilege to practice as a registered nurse in this state shall have the right to use the title "registered nurse" and the abbreviation "RN"  No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that the person using the same is a registered nurse.

     (9)  Identification.  The nurse shall wear identification that clearly identifies the nurse as an RN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient.

     ( * * *910Registered nurses licensed under a previous law.  Any person holding a license to practice nursing as a registered nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a registered nurse under the provisions of this article upon payment of the fee provided in Section 73-15-27.

     ( * * *1011)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

     SECTION 12.  Section 73-15-20, Mississippi Code of 1972, is amended as follows:

     73-15-20.  (1) * * *Advanced practice registered nurses.  Any nurse desiring to be certified as an advanced practice registered nurse shall apply to the board and submit proof that he or she holds a current license to practice professional nursing and that he or she meets one or more of the following requirements:

  (a)  Satisfactory completion of a formal post-basic educational program of at least one (1) academic year, the primary purpose of which is to prepare nurses for advanced or specialized practice.

  (b)  Certification by a board-approved certifying body.  Such certification shall be required for initial state certification and any recertification as a registered nurse anesthetist, nurse practitioner or nurse midwife.  The board may by rule provide for provisional or temporary state certification of graduate nurse practitioners for a period of time determined to be appropriate for preparing and passing the National Certification Examination.  Those with provisional or temporary certifications must practice under the direct supervision of a licensed physician or a certified nurse practitioner or certified nurse midwife with at least five (5) years of experience.

  (c)  Graduation from a program leading to a master's or post-master's degree in a nursing clinical specialty area with p

reparation in specialized practitioner skills.

(2)  Rulemaking.  The board shall provide by rule the appropriate requirements for advanced practice registered nurses in the categories of certified registered nurse anesthetist, certified nurse midwife and advanced practice registered nurse.  Title and scope of practice.  (a)  Advanced Practice Registered Nurse (APRN) is the title given to an individual who is licensed to practice advanced practice registered nursing within one (1) of the four (4) following roles:  Certified Registered Nurse Practitioner (CNP), Certified Registered Nurse Anesthetist (CRNA), Certified Registered Nurse Midwife (CNM) or Clinical Nurse Specialist (CNS), and who functions in a population focus as set forth by rule of the board.  An APRN may serve as primary or acute care provider of record.

          (b)  Population focus shall include:

              (i)  Family/individual across the lifespan;

              (ii)  Adult gerontology;

              (iii)  Neonatal;

              (iv)  Pediatrics;

              (v)  Women's health/gender-related;

              (vi)  Psychiatric/mental health;

          (c)  In addition to the RN scope of practice and within the APRN role and population focus, APRN practice shall include:

              (i)  Conducting an advanced assessment;

              (ii)  Ordering and interpreting diagnostic procedures;

              (iii)  Establishing primary and differential diagnoses;

              (iv)  Prescribing, ordering, administering, distributing;

              (v)  Delegating and assigning therapeutic measures to licensed personnel;

              (vi)  Consulting with other disciplines and providing referrals to health care agencies, health care providers and community resources;

              (vii)  Wearing identification that clearly identifies the nurse as an APRN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient;

              (viii)  Other acts that require education and training consistent with professional standards and commensurate with the APRN's education, certification, demonstrated competencies and experience.

          (d)  APRNs are licensed independent practitioners within standards established or recognized by the board.  Each APRN is accountable to patients, the nursing profession and the board for:

              (i)  Complying with the requirements of this law and the quality of advanced nursing care rendered;

              (ii)  Recognizing limits of knowledge and experience;

              (iii)  Planning for the management of situations beyond the APRN's expertise.

              (iv)  Consulting with or referring patients to other health care providers as appropriate.

              (v) * * *(3)  Collaboration.  An advanced practice registered nurse shall perform those  Performing functions authorized in this section within a collaborative/consultative relationship with a physician or dentist * * *or physician with who holds an unrestricted license to practice medicine or dentistry * * *or medicine in this state and within * * *an established protocol or practice guidelines, as appropriate, evidence-based standards of practice that * * *is are filed with the board upon * * *license licensure application * * *, license or renewal, or after entering into a new collaborative/consultative relationship or making changes to the * * *protocol or practice guidelines collaborative/consultative agreement or changing practice site.  The board shall review and approve * * *the protocol this collaborative/consultative agreement to ensure compliance with applicable regulatory standards. * * *The advanced practice registered nurse may not practice as an APRN if there is no collaborative/consultative relationship with a physician or dentist and a board-approved protocol or practice guidelines.

 * * * (4)  Renewal.  The board shall renew a license for an advanced practice registered nurse upon receipt of the renewal application, fees and protocol or practice guidelines.  The board shall adopt rules establishing procedures for license renewals. 

     (2)  Licensure.  (a)  Initial licensure.  An applicant for initial licensure to practice as an APRN shall:

              (i)  Submit a completed written application and appropriate fees as established by the board.

              (ii)  Hold a current RN license or privilege to practice and shall not hold an encumbered license or privilege to practice as an RN in any state or territory.

              (iii)  Have completed an accredited graduate or post-graduate level APRN program in one (1) of the four (4) roles and at least one (1) population focus.

              (iv)  Be currently certified by a national certifying body recognized by the board in the APRN role and population foci appropriate to educational preparation.

               (v)  Provide other evidence as required by rule of the board.

              (vi)  Report any criminal conviction, nolo contendere plea, Alford plea or other plea arrangement in lieu of conviction.

              (vii)  Have committed no acts or omissions that are grounds for disciplinary action as set forth in this law.

              (viii)  Have successful clearance for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33.  To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.  Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.  The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.  The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.  The board 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 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.

          (b)  Endorsement.  The board may issue a license by endorsement to an APRN licensed under the laws of another state if, in the opinion of the board, the applicant meets the qualifications for licensure in this state.  An applicant for APRN licensure by endorsement shall:

              (i)  Submit a completed written application for RN endorsement and initial APRN licensure and appropriate fees as established by the board.

              (ii)  Hold a current unencumbered license or privilege to practice as an RN and APRN in a state or territory.

              (iii)  Have completed an accredited graduate or post-graduate level APRN program in one (1) of the four (4) roles.

              (iv)  Be currently certified by a national certifying body recognized by the board in the APRN role and at least one (1) population focus appropriate to educational preparation.

              (v)  Report any criminal conviction, nolo contendere plea, Alford plea or other plea arrangement in lieu of conviction.

              (vi)  Have committed no acts or omissions that are grounds for disciplinary action as set forth in this law.

              (vii)  Provide other evidence as required by the board in its rules.

          (c)  Renewal.  APRN licenses issued under this law shall be renewed biennially according to a schedule established by the board.  An applicant for APRN license renewal shall:

              (i)  Submit a renewal application as directed by the board and remit the required fee as set forth by rule of the board.

              (ii)  Maintain national certification in the appropriate APRN role and at least one (1) population focus, authorized by licensure, through an ongoing certification maintenance program of a nationally recognized certifying body recognized by the board.

              (iii)  Have completed the requirements for continuing education.  The board shall by rule prescribe continuing education requirements for * * *advanced practice nurses not to exceed APRNs of not less than forty (40) hours biennially as a condition for renewal of a license * * *or certificate.

              (iv)  Meet other requirements as set forth by the board.

          (d)  Reinstatement.  The board may reinstate an APRN license as set forth by rule of the board.

     (3)  Titles and abbreviations.  (a)  Only those who hold a license or privilege to practice advanced practice registered nursing in this state shall have the right to use the title "Advanced Practice Registered Nurse" and the roles of "Certified Registered Nurse Anesthetist," "Certified Registered Nurse Midwife," "Clinical Nurse Specialist" and "Certified Registered Nurse Practitioner," and the abbreviations "APRN," "CRNA," "CNM," "CNS," and "CNP," respectively.

          (b)  The abbreviation for the APRN designation of a certified registered nurse anesthetist, a certified registered nurse midwife, a clinical nurse specialist and a certified registered nurse practitioner will be APRN, plus the role title, i.e., CRNA, CNM, CNS and CNP.

          (c)  It shall be unlawful for any person to use the title "APRN" or "APRN" plus their respective role titles, the role title alone, authorized abbreviations or any other title that would lead a person to believe the individual is an APRN, unless permitted by this law.

     ( * * *54Reinstatement. * * *Advanced practice registered nurses  APRNs may reinstate a lapsed privilege to practice upon submitting documentation of a current active license to practice professional nursing, a reinstatement application and fee, a * * *protocol or practice guidelines collaborative/consultative agreement, documentation of current certification as an advanced practice registered nurse in * * *a designated area of practice one (1) of the four (4) recognized roles by a national certification organization recognized by the board and documentation of * * *at least not less than forty (40) hours of continuing education related to the advanced practice registered nurse's area of certification and specialty, if applicable, * * *clinical practice of the nurse practitioner within the previous two-year period.  The board shall adopt rules establishing the procedure for reinstatement.

 * * * (6)  Changes in status.  The advanced practice registered nurse shall notify the board immediately regarding changes in the collaborative/consultative relationship with a licensed physician or dentist.  If changes leave the advanced practice registered nurse without a board-approved collaborative/consultative relationship with a physician or dentist, the advanced practice nurse may not practice as an advanced practice registered nurse.

     ( * * *75Practice requirements.  The advanced practice registered nurse shall practice:

          (a)  According to standards and guidelines of the National Certification Organization.

          (b)  In a collaborative/consultative relationship with a licensed physician whose practice is compatible with that of the * * *nurse practitioner APRN.  Certified registered nurse anesthetists may collaborate/consult with licensed physicians and dentists who hold unrestricted licensure.  The * * *advanced practice nurse APRN must be able to communicate reliably with a collaborating/consulting physician or dentist while practicing.

 * * *  (c)  According to a board-approved protocol or practice guidelines.

          ( * * *dc)  Advanced practice registered nurses practicing as nurse anesthetists must practice according to board-approved practice guidelines that address pre-anesthesia preparation and evaluation; anesthesia induction, maintenance, and emergence; post-anesthesia care; peri-anesthetic and clinical support functions.

          ( * * *ed)  Advanced practice registered nurses practicing in other specialty areas must practice according to a board-approved * * *protocol specialty certification that has been mutually agreed upon by the * * *nurse practitioner and advance practice registered nurse in agreement with the collaborative/consultative relationship with a Mississippi licensed physician or dentist whose practice or prescriptive authority is not limited as a result of voluntary surrender or legal/regulatory order.

          ( * * *fe)  Each collaborative/consultative relationship shall include and implement a formal quality assurance/quality improvement program which shall be maintained on site and shall be available for inspection by representatives of the board.  This quality assurance/quality improvement program must be sufficient to provide a valid evaluation of the practice and be a valid basis for change, if any.

 * * *  (g)  Nurse practitioners may not write prescriptions for, dispense or order the use of or administration of any schedule of controlled substances except as contained in this chapter.

          (f)  The advanced practice registered nurse shall notify the board immediately regarding changes in the collaborative/consultative relationship with a licensed physician or dentist.

     ( * * *86Prescribing controlled substances and medications.  Certified registered nurse midwives * * *and, certified registered nurse anesthetists, certified registered nurse practitioners and clinical nurse specialists may apply for controlled substance prescriptive authority after completing a board-approved educational program.  Certified registered nurse midwives * * *and, certified registered nurse anesthetists, certified registered nurse practitioners and clinical nurse specialists who have completed the program and received prescription authority from the board and obtained a valid DEA number may prescribe Schedules II-V.  The words "administer," "controlled substances" and "ultimate user," shall have the same meaning as set forth in Section 41-29-105, unless the context otherwise requires.  The board shall * * *promulgate establish rules governing prescribing of controlled substances * * *,including distribution, record keeping, drug maintenance, labeling and distribution requirements and prescription guidelines for controlled substances and all medications in accordance with Section 41-29-101 et seq.  Prescribing any controlled substance in violation of the rules * * *promulgated established by the board shall constitute a violation of Section 73-15-29(1) * * *(f), (k) and (l) and shall be grounds for disciplinary action.  The prescribing, administering or distributing of any legend drug or other medication in violation of the rules * * *promulgated established by the board shall constitute a violation of Section 73-15-29(1) * * *(f), (k) and (l) and shall be grounds for disciplinary action.

     SECTION 13.  Section 73-15-21, Mississippi Code of 1972, is amended as follows:

     73-15-21.  (1)  Licensed practical nurse applicant qualifications.  Any applicant for a license to practice practical nursing as a licensed practical nurse shall submit * * * to the board:

          (a)  Submit to the board an attested written application on a board * * * of Nursing form;

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

          ( * * *cbSubmit to the board written official evidence of completion of a practical nursing program approved by the * * * State Department of Education through its Division of Vocational Education Mississippi Community College Board, or one (1) approved by a legal accrediting agency of another state, territory or possession of the United States, the District of Columbia, or a foreign country which is satisfactory to this board;

          ( * * *dcSubmit to the board evidence of competence in English related to nursing, provided the first language is not English;

 * * *  (e)  Any other official records required by the board.

           * * *In addition to the requirements specified in paragraphs (a) through (e) of this subsection, in order to qualify for a license to practice practical nursing as a licensed practical nurse, an applicant must have successfully been cleared (d)  Have successful clearance for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective licensee is not guilty of or in violation of any statutory ground for denial of licensure as set forth in Section 73-15-29 or guilty of any offense specified in Section 73-15-33.  To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.

     Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.

     The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.

     The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.

     The board 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 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.

          (e)  Submit to the board any other official records required by the board.

     (2)  Licensure by examination.  (a)  Upon the board being satisfied that an applicant for a license as a practical nurse has met the qualifications set forth in subsection (1) of this section, the board shall proceed to * * * examine such applicant in such subjects as the board shall, in its discretion, determine give authorization for examination.  The subjects in which applicants shall be examined shall be in conformity with curricula in schools of practical nursing approved by the * * * State Department of Education Mississippi Community College Board.

          (b) * * *  The applicant shall be required to pass the written examination selected by  The board shall authorize the administration of the examination to applicants for licensure as LPNs.

          (c) * * *  Upon successful completion of such examination, the board shall issue to the applicant a license to practice as a licensed practical nurse  An applicant applying for licensure by examination must report any criminal conviction, nolo contendere plea, Alford plea, deferred judgment, or other plea arrangements in lieu of conviction.

          (d)  The board may * * * use any part or all of the state board test pool examination for practical nurse licensure, its successor examination, or any other nationally standardized examination identified by the board in its rules.  The passing score shall be established by the board in its rules employ, contract and cooperate with any entity in the preparation and process for determining results of a uniform licensure examination.  When such an examination is utilized, the board shall restrict access to questions and answers.

          (e)  The board shall determine whether a licensure examination may be repeated, the frequency of reexamination and any requisite education before reexamination.

     (3)  Licensure by examination of internationally educated applicants.  Requirements include:

          (a)  Graduation from a nursing program comparable to a board-approved pre-licensure RN or LPN program, whichever is applicable, and meet all other requirements.

          (b)  Submission by the applicant of credentials by a credentials review agency for the level of licensure being sought.

          (c)  Successful passage of an English proficiency examination that includes the components of reading, speaking, writing and listening, except for applicants from countries where English is the native language, and the nursing program where the applicant attended was taught in English, used English textbooks and clinical experiences were conducted in English.

          (d)  Disclosure of nursing licensure status in country of origin, if applicable.

     (4)  Licensure by equivalent amount of theory and clinical experience.  In the discretion of the board, former students of a state-accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.

     ( * * *35Licensure by endorsement.  The board may issue a license to practice practical nursing as a licensed practical nurse without examination to an applicant who has been duly licensed as a licensed practical nurse under the laws of another state, territory or possession of the United States, the District of Columbia, or a foreign country if, in the opinion of the board, the applicant meets the qualifications required of licensed practical nurses in this state and has previously achieved the passing score or scores on the licensing examination required by this state at the time of his or her graduation.  The issuance of a license by endorsement to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

 * * * (4)  Licensure by equivalent amount of theory and clinical experience.  In the discretion of the board, former students of a state-accredited school preparing students to become registered nurses may be granted permission to take the examination for licensure to practice as a licensed practical nurse, provided the applicant's record or transcript indicates the former student completed an equivalent amount of theory and clinical experiences as required of a graduate of a practical nursing program, and provided the school attended was, at the time of the student's attendance, an accredited school of nursing.

(5)  Requirements for rewriting the examination.  The board shall establish in its rules the requirements for rewriting the examination for those persons failing the examination on the first writing or subsequent writing.

     (6)  Fee.  The applicant applying for a license by examination or by endorsement to practice as a licensed practical nurse shall pay a fee not to exceed * * * Sixty Dollars ($60.00) One Hundred Dollars ($100.00) to the board.

     (7)  Temporary permit.  (a) * * *  The board may issue a temporary permit to practice practical nursing to a graduate of an approved school of practical nursing pending the results of the examination in Mississippi, and to a qualified applicant from another state, territory or possession of the United States, or the District of Columbia, pending licensing procedures as provided for elsewhere in this article.  The fee shall not exceed Twenty-five Dollars ($25.00).

  (b)  The board may issue a temporary permit for a period of ninety (90) days to a licensed practical nurse who is currently licensed in another state, territory or possession of the United States or the District of Columbia and who is an applicant for licensure by endorsement.  Such permit is not renewable except by board action.  The issuance of a temporary permit to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

 * * *  (c)  The board may issue a temporary permit to a graduate of an approved practical nursing education program or an equivalent program satisfactory to the board pending the results of the first licensing examination scheduled after application.  Such permit is not renewable except by board action.

          ( * * *db)  The board may issue a temporary permit for a period of thirty (30) days to any licensed practical nurse during the time enrolled in a nursing reorientation program.  This time period may be extended by board action.  The fee shall not exceed Twenty-five Dollars ($25.00).

          ( * * *ec)  The board may adopt such regulations as are necessary to limit the practice of persons to whom temporary permits are issued.

     (8)  Title and abbreviation.  Any person who holds a license or holds the privilege to practice as a licensed practical nurse in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "LPN"  No other person shall assume such title or use such abbreviation, or any words, letters, signs or devices to indicate that a person using the same is a licensed practical nurse.

     (9)  Identification.  The nurse shall wear identification that clearly identifies the nurse as an LPN when providing direct patient care, unless wearing identification creates a safety or health risk for either the nurse or patient.

     ( * * *910Licensed practical nurses licensed under a previous law.  Any person holding a license to practice nursing as a practical nurse issued by this board which is valid on July 1, 1981, shall thereafter be deemed to be licensed as a practical nurse under the provisions of this article upon payment of the fee prescribed in Section 73-15-27.

     ( * * *1011)  Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64.

     SECTION 14.  Section 73-15-22, Mississippi Code of 1972, is brought forward as follows:

     73-15-22.  The Nurse Licensure Compact is enacted into law and entered into by this state with any and all states legally joining in the compact in accordance with its terms, in the form substantially as follows:

NURSE LICENSURE COMPACT

ARTICLE I

Findings and Declaration of Purpose

          (a)  The party states find that:

              (1)  The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;

              (2)  Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;

              (3)  The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's healthcare delivery system require greater coordination and cooperation among states in the area of nurse licensure and regulation;

              (4)  New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;

              (5)  The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.

          (b)  The general purposes of this Compact are to:

              (1)  Facilitate the states' responsibility to protect the public's health and safety;

              (2)  Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

              (3)  Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;

              (4)  Promote compliance with the laws governing the practice of nursing in each jurisdiction;

              (5)  Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.

ARTICLE II

Definitions

     As used in this Compact:

          (a)  "Adverse action" means a home or remote state action.

          (b)  "Alternative program" means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.

          (c)  "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensure boards.

          (d)  "Current significant investigative information" means:

              (1)  Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

              (2)  Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

          (e)  "Home state" means the party state which is the nurse's primary state of residence.

          (f)  "Home state action" means any administrative, civil, equitable or criminal action permitted by the home state's laws which are imposed on a nurse by the home state's licensing board or other authority including actions against an individual's license such as:  revocation, suspension, probation or any other action which affects a nurse's authorization to practice.

          (g)  "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.

          (h)  "Multistate licensure privilege" means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse in such party state.  All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as: revocation, suspension, probation or any other action which affects a nurse's authorization to practice.

          (i)  "Nurse" means a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws.

          (j)  "Party state" means any state that has adopted this Compact.

          (k)  "Remote state" means a party state, other than the home state,

              (1)  Where the patient is located at the time nursing care is provided, or,

              (2)  In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.

          (l)  "Remote state action" means:

              (1)  Any administrative, civil, equitable or criminal action permitted by a remote state's laws which are imposed on a nurse by the remote state's licensing board or other authority including actions against an individual's multistate licensure privilege to practice in the remote state, and

              (2)  Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.

          (m)  "State" means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico.

          (n)  "State practice laws" means those individual party's state laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline.  "State practice laws" does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

ARTICLE III

General Provisions and Jurisdiction

     (a)  A license to practice registered nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a registered nurse in such party state.  A license to practice licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party state.  In order to obtain or retain a license, an applicant must meet the home state's qualifications for licensure and license renewal as well as all other applicable state laws.

     (b)  Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege of any nurse to practice in their state and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens.  If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system.  The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

     (c)  Every nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is rendered.  In addition, the practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of a party state.  The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the courts, as well as the laws, in that party state.

     (d)  This Compact does not affect additional requirements imposed by states for advanced practice registered nursing.  However, a multistate licensure privilege to practice registered nursing granted by a party state shall be recognized by other party states as a license to practice registered nursing if one is required by state law as a precondition for qualifying for advanced practice registered nurse authorization.

     (e)  Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under the laws of each party state.  However, the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state.

ARTICLE IV

Applications for Licensure in a Party State

     (a)  Upon application for a license, the licensing board in a party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any restrictions on the multistate licensure privilege, and whether any other adverse action by any state has been taken against the license.

     (b)  A nurse in a party state shall hold licensure in only one (1) party state at a time, issued by the home state.

     (c)  A nurse who intends to change primary state of residence may apply for licensure in the new home state in advance of such change.  However, new licenses will not be issued by a party state until after a nurse provides evidence of change in primary state of residence satisfactory to the new home state's licensing board.

     (d)  When a nurse changes primary state of residence by:

          (1)  Moving between two (2) party states, and obtains a license from the new home state, the license from the former home state is no longer valid;

          (2)  Moving from a nonparty state to a party state, and obtains a license from the new home state, the individual state license issued by the nonparty state is not affected and will remain in full force if so provided by the laws of the nonparty state;

          (3)  Moving from a party state to a nonparty state, the license issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.

ARTICLE V

Adverse Actions

     In addition to the General Provisions described in Article III, the following provisions apply:

          (a)  The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions including the factual and legal basis for such action, if known.  The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action.  The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.

          (b)  The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations.  It shall also have the authority to take appropriate action(s), and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system.  The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

          (c)  A remote state may take adverse action affecting the multistate licensure privilege to practice within that party state.  However, only the home state shall have the power to impose adverse action against the license issued by the home state.

          (d)  For the purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state.  In so doing, it shall apply its own state laws to determine appropriate action.

          (e)  The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.

          (f)  Nothing in this Compact shall override a party state's decision that participation in an alternative program may be used in lieu of licensure action and that such participation shall remain nonpublic if required by the party state's laws.  Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.

ARTICLE VI

Additional Authorities Invested in Party State

Nurse Licensing Boards

     Notwithstanding any other powers, party state nurse licensing boards shall have the authority to:

          (a)  If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;

          (b)  Issue subpoenas for both hearings and investigations which require the attendance and testimony of witnesses, and the production of evidence.  Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it.  The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state where the witnesses and/or evidence are located;

          (c)  Issue cease and desist orders to limit or revoke a nurse's authority to practice in their state;

          (d)  Promulgate uniform rules and regulations as provided for in Article VIII(c).

ARTICLE VII

Coordinated Licensure Information System

     (a)  All party states shall participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical/vocational nurses.  This system will include information on the licensure and disciplinary history of each nurse, as contributed by party states, to assist in the coordination of nurse licensure and enforcement efforts.

     (b)  Notwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate licensure privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials, to the coordinated licensure information system.

     (c)  Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.

     (d)  Notwithstanding any other provision of law, all party states' licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

     (e)  Any personally identifiable information obtained by a party state's licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

     (f)  Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

     (g)  The Compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this Compact.

ARTICLE VIII

Compact Administration and Interchange of Information

     (a)  The head of the nurse licensing board, or his/her designee, of each party state shall be the administrator of this Compact for his/her state.

     (b)  The Compact administrator of each party state shall furnish to the Compact administrator of each other party state any information and documents including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this Compact.

     (c)  Compact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this Compact.  These uniform rules shall be adopted by party states, under the authority invested under Article VI(d).

ARTICLE IX

Immunity

     No party state or the officers or employees or agents of a party state's nurse licensing board who acts in accordance with the provisions of this Compact shall be liable on account of any act or omission in good faith while engaged in the performance of their duties under this Compact.  Good faith in this article shall not include willful misconduct, gross negligence or recklessness.

ARTICLE X

Entry into Force, Withdrawal and Amendment

     (a)  This Compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state.  Any party state may withdraw from this Compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six (6) months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.

     (b)  No withdrawal shall affect the validity or applicability by the licensing boards of states remaining party to the Compact of any report of adverse action occurring prior to the withdrawal.

     (c)  Nothing contained in this Compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact.

     (d)  This Compact may be amended by the party states.  No amendment to this Compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.

ARTICLE XI

Construction and Severability

     (a)  This Compact shall be liberally construed so as to effectuate the purposes thereof.  The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If this Compact shall be held contrary to the constitution of any party state thereto, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

     (b)  In the event party states find a need for settling disputes arising under this Compact:

          (1)  The party states may submit the issues in dispute to an arbitration panel which will be comprised of an individual appointed by the Compact administrator in the home state; an individual appointed by the Compact administrator in the remote state(s) involved; and an individual mutually agreed upon by the Compact administrators of all the party states involved in the dispute.

          (2)  The decision of a majority of the arbitrators shall be final and binding.

     SECTION 15.  Section 73-15-23, Mississippi Code of 1972, is amended as follows:

     73-15-23.  (1)  The term "head of the nurse licensing board," as referred to in Article VIII of the Nurse Licensure Compact as set forth in Section 73-15-22, shall mean the executive director of the * * *Mississippi board * * *of Nursing.

     (2)  The Governor may withdraw this state from the Nurse Licensure Compact if the board * * *of Nursing notifies the Governor that a state that is a party to the compact changed, after July 1, 2001, the state's requirements for licensing a nurse and that the state's requirements, as changed, are substantially lower than the requirements for licensing a nurse in this state.

     (3)  The effective date of the Nurse Licensure Compact shall be July 1, 2001.

     SECTION 16.  Section 73-15-25, Mississippi Code of 1972, which authorizes the State Department of Education through its Division of Vocational Education to contract with the Mississippi Community College Board to establish uniform standards for the accreditation of schools of practical nursing in this state, is repealed.

     SECTION 17.  Section 73-15-27, Mississippi Code of 1972, is amended as follows:

     73-15-27.  (1)  The license of every person licensed under the provisions of this article shall be renewed biennially except as hereinafter provided in this section * * *:.

     ( * * *(a)2)  Registered nurses:

          ( * * *ia)  Except as provided in Section 33-1-39, the license to practice as a registered nurse shall be valid for two (2) calendar years, beginning January 1 of each * * *uneven odd-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.

          ( * * *iib)  A * * *notice for renewal of licensure announcement will be * * *mailed made 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 online by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed One Hundred Dollars ($100.00).

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

          ( * * *ivd)  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).

          ( * * *ve)  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 before such application for a license, renewal, reinstatement or change of status.

          ( * * *vif)  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 article, by completion of a reinstatement form, and upon payment of a reinstatement fee not to exceed * * *One Hundred Dollars ($100.00) 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.

          ( * * *viig)  Any person practicing as a registered nurse during the time his or her license has lapsed shall be considered in violation of this article and shall be subject to the penalties provided for violation of this article * * *, 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)3)  Licensed practical nurses:

          ( * * *ia)  Except as provided in Section 33-1-39, 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 odd-numbered year of the biennial period and subject to renewal for each period of two (2) years thereafter.

          ( * * *iib)  A * * *notice for renewal of licensure announcement will be * * *mailed made 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 online by December 31 of that year with the biennial renewal fee to be set at the discretion of the board, but not to exceed One Hundred Dollars ($100.00).

          ( * * *iiic)  Upon receipt of the renewal application and fee, the board shall verify the accuracy of the application and issue * * *to the applicant a certificate of a 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.

          ( * * *ivd)  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).

          ( * * *ve)  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 before such application for a license, renewal, reinstatement or change of status.

          ( * * *vif)  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 article, by completion of a reinstatement form, and upon payment of the reinstatement fee not to exceed * * *One Hundred Dollars ($100.00) 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.

          ( * * *viig)  Any person practicing as a licensed practical nurse during the time his or her license has lapsed shall be considered * * *an illegal practitioner in violation of this article and shall be subject to the penalties provided for violation of this article * * *, 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 18.  Section 73-15-29, Mississippi Code of 1972, is amended as follows:

     73-15-29.  (1)  The board shall have power to revoke, suspend or refuse to renew any license issued by the board, or to revoke or suspend any privilege to practice, or to deny an application for a license, or to fine, place on probation and/or discipline a licensee, in any manner specified in this article, upon proof that such person:

          (a)  Has committed fraud or deceit in securing or attempting to secure such license;

          (b)  Has been convicted of felony, or a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or a crime involving moral turpitude, or a criminal conviction or adjudication in any jurisdiction including, but not limited to, being convicted of, pleading guilty to, entering a plea of nolo contendere or no contest to, or receiving a deferred judgment or suspended sentence (a certified copy of the judgment of the court of competent jurisdiction of such conviction or pleas shall be prima facie evidence of such conviction);

          (c)  Has negligently or willfully acted in a manner inconsistent with the health or safety of the persons under the licensee's care;

          (d)  Has had a license or privilege to practice as a registered nurse or a licensed practical nurse suspended or revoked in any jurisdiction, has voluntarily surrendered such license or privilege to practice in any jurisdiction, has been placed on probation as a registered nurse or licensed practical nurse in any jurisdiction or has been placed under a disciplinary order(s) in any manner as a registered nurse or licensed practical nurse in any jurisdiction, (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action);

          (e)  Has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice;

          (f)  Has negligently or willfully violated any order, rule or regulation of the board pertaining to nursing practice or licensure;

          (g)  Has falsified or in a repeatedly negligent manner made incorrect entries or failed to make essential entries on records;

          (h)  Is addicted to or dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, or has misappropriated any medication;

          (i)  Has a physical, mental or emotional condition that renders the licensee unable to perform nursing services or duties with reasonable skill and safety;

          (j)  Has engaged in any other conduct, whether of the same or of a different character from that specified in this article, that would constitute a crime as defined in Title 97 of the Mississippi Code of 1972, as now or hereafter amended, and that relates to such person's employment as a registered nurse or licensed practical nurse;

          (k)  Engages in conduct likely to deceive, defraud or harm the public;

          (l)  Engages in any unprofessional conduct as identified by the board in its rules;

          (m)  Has violated any provision of this article; or

          (n)  Violation(s) of the provisions of Sections 41-121-1 through 41-121-9 relating to deceptive advertisement by health care practitioners.  This paragraph shall stand repealed on July 1, 2016.

     (2)  When the board finds any person unqualified because of any of the grounds set forth in subsection (1) of this section, it may enter an order imposing one or more of the following penalties:

          (a)  Denying application for a license or other authorization to practice nursing or practical nursing;

          (b)  Administering a reprimand;

          (c)  Suspending or restricting the license or other authorization to practice as a * * *registered nurse * * * or licensed practical nurse for up to two (2) years without review;

          (d)  Revoking the license or other authorization to practice nursing * * *or practical nursing;

          (e)  Requiring the disciplinee to submit to care, counseling or treatment by persons and/or agencies approved or designated by the board as a condition for initial, continued or renewed licensure or other authorization to practice nursing * * *or practical nursing;

          (f)  Requiring the disciplinee to participate in a program of education prescribed by the board as a condition for initial, continued or renewed licensure or other authorization to practice;

          (g)  Requiring the disciplinee to practice under the supervision of a * * *registered licensed nurse for a specified period of time; or

          (h)  Imposing a fine * * *not to exceed Five Hundred Dollars ($500.00).

     (3)  If the board determines that an applicant does not possess the qualifications required for licensure or that an accused has violated any of the provisions of this article, the board may refuse to issue a license to the applicant, or revoke, suspend, refuse to renew a license, or revoke or suspend the privilege to practice, or otherwise discipline the applicant as prescribed in this article.

     (4)  The board is authorized to summarily suspend the license of a nurse without a hearing if the board finds that there is probable cause to believe that the nurse has violated a statute or rule that the board is empowered to enforce and continued practice by the nurse would create imminent and serious risk of harm to public health, safety and welfare; or if the nurse fails to obtain a board-ordered evaluation.

     ( * * *35)  In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license or privilege to practice of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license or privilege to practice for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license or privilege to practice suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

 * * * (4)  If the public health, safety or welfare imperatively requires emergency action and the board incorporates a finding to that effect in an order, the board may order summary suspension of a license pending proceedings for revocation or other action.  These proceedings shall be promptly instituted and determined by the board.

     SECTION 19.  Section 73-15-31, Mississippi Code of 1972, is amended as follows:

     73-15-31.  (1)  Charges may be brought * * *upon sworn affidavit filed by the board * * *of Nursing against any licensee who has allegedly committed any act in violation of this article that is grounds for disciplinary action. * * *Upon receiving the sworn affidavit charging a licensee with an act which is a ground for disciplinary action under this article,  The executive director or designee of the board shall fix a time and place for a hearing and shall cause a copy of the specific allegations and charges to be sent by certified mail or served by personal service of process together with notice of the time and place fixed for the hearing, to be served upon the accused at least fifteen (15) days prior thereto.  The accused may waive notice of the hearing in writing and the board may grant the accused at least one (1) extension of time, upon the request of the accused.  When personal service of process or service of process by certified mail cannot be effected, the executive director of the board shall cause to be published once in each of three (3) successive weeks a notice of the hearing in the newspapers published in the county in which the accused last practiced according to the records of the board, or in the county in which the accused last resided.  When publication of the notice is necessary, the date of the hearing shall not be less than ten (10) days after the last date of the notice. 

     (2)  The board, acting by and through its executive director, shall have the power to subpoena persons and compel the production of any records, * * *including, but not limited to, hospital and physician's records, papers and other documents in connection with both its investigations and hearings, which shall be served in accordance with law for the board * * *of Nursing and on behalf of the accused. * * *The person providing copies shall prepare them from the original records and shall delete from the copy provided pursuant to the subpoena the name of the individual by numbered code, to be retained by the custodian of the records from which the copies were made.  Upon certification of the custodian that the copies are true and complete except for the individual's name, they shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies.  No privilege of confidentiality shall exist with respect to such copies, and no liabilities shall lie against the board or the custodian for furnishing or using such copies in accordance with this article.  A certified copy of any record inspected or copied in the course and scope of an investigation by the board and with reasonable cause shown may be used as evidence in the disciplinary proceeding.  The board shall be entitled to the assistance of the chancery court or the chancellor in vacation, which, on petition by the board, shall issue ancillary subpoenas and petitions and may punish as for contempt of court in the event of noncompliance with the subpoenas or petitions.

     (3)  All records of the investigation and all patient charts, records, emergency room records or any other document that may have been copied shall be kept confidential and shall not be subject to discovery or subpoena.  If no disciplinary proceedings are initiated within a period of five (5) years after the determination of insufficient cause, then the board shall destroy all records obtained pursuant to this section. 

     (4)  At the hearings, * * *the board shall administer oaths as may be necessary for the proper conduct of the hearings.  The accused the licensee or applicant shall have the right to appear either personally or by counsel, or both, to produce witnesses or evidence * * *in on his or her behalf, and to cross-examine witnesses * * *, and to have subpoenas issued by the board

     (5)  All disciplinary hearings shall be conducted by a hearing panel consisting of three (3) members of the board, * * *designated on a rotating basis by the board.  All disciplinary hearings or appeals before the board and the Attorney General, and/or a designee thereof, and shall not be bound by strict rules of procedure or by the laws of evidence in the conduct of its proceedings * * *, but the determination shall be based upon sufficient legal evidence to sustain itThe board may adopt rules and discovery and procedure governing all proceedings.  A final decision * * *by the hearing panel and by the board * * *on appeal shall include findings of fact and conclusions of law, separately stated, of which the accused shall receive a copy. 

 * * * (5)  If the hearing panel determines that probable cause and sufficient legal evidence exist to believe that an applicant does not possess the qualifications required by this article or that an accused has violated any of the provisions of this article, the hearing panel may refuse to issue a license to the applicant, or revoke, suspend, refuse to renew a license, or revoke or suspend the privilege to practice, or otherwise discipline the accused as prescribed in this article. 

     (6)  No previously issued license to practice nursing * * * as a registered nurse or as a licensed practical nurse shall be revoked or suspended until after a hearing conducted * * *pursuant to under this article, except where the board finds there is imminent danger to the public health or safety that warrants injunctive relief provided in this article.

     (7)  Upon the execution of an order by the board, either following a hearing or in lieu of a hearing, the board, in addition to exercising its authority as granted and specified in this article, and the disciplinary powers specified in 73-15-31, may assess the licensee or applicant for reasonable costs expended by the board in the investigation and conduct of a proceeding to enforce these rules against a licensee or applicant, including, but not limited to, the cost of process service, court reporters fees, witness fees, expert witnesses, investigative costs and other related expenses.  If a not guilty decision is rendered by the board against a licensee or applicant, no administrative cost shall be assessed.  Monies collected by the board under this section shall be deposited to the credit of a special fund operating account of the board to reimburse the existing current year appropriated budget.

 * * * (7)  A revoked or suspended license may be reissued after one (1) year, in the discretion of the hearing panel.  A revoked or suspended privilege to practice may be reinstated after one (1) year, in the discretion of the hearing panel.  The denial of an application to renew an existing license shall be treated in all respects as a revocation.  The procedure for the reissuance of a license or reinstatement of the privilege to practice that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. 

(8)  The hearing panel need not find that the actions that are grounds for discipline were willful, but it may consider the same in determining the nature of the disciplinary actions imposed. 

     ( * * *98The licensee or applicant is granted the right to appeal from the action of the hearing panel to the full membership of the board in denying, revoking, suspending or refusing to renew any license issued by the board, or revoking or suspending any privilege to practice, or fining or otherwise disciplining any person practicing as a * * *registered nurse * * *or licensed practical nurse, is granted.  The appeal must be taken within thirty (30) days after notice of the action of the hearing panel in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person, and is perfected upon filing notice of appeal and * * *Fifty Dollars ($50.00) Two Hundred Fifty Dollars ($250.00) with the executive director of the board. 

     ( * * *109The licensee or applicant is granted the right to appeal from the action of the board in affirming the denial, revocation, suspension or refusal to renew any license issued by the board, or revoking or suspending any privilege to practice, or fining or otherwise disciplining of any person practicing as a * * *registered nurse * * *or a licensed practical nurse, is granted.  Such appeal shall be made to the chancery court of the county of the residence of the licensee * * *on the record made, including a verbatim transcript of the testimony at the hearing.  The appeal must be taken within thirty (30) days after notice of the action of the board in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person * * *., and * * *The appeal is perfected upon filing notice of the appeal * * *, together with a bond in the sum of One Hundred Dollars ($100.00), with two (2) sureties, conditioned that if the action of the board in denying, revoking, suspending or refusing to renew the license, or revoking or suspending the privilege to practice, or fining or otherwise disciplining the person, be affirmed by the chancery court the nurse will pay the costs of the appeal and the action in the chancery court.  Such bond shall be approved by the president of the board.  In lieu of the bond, the nurse may deposit One Hundred Dollars ($100.00) with the clerk of the chancery court.  Appeals may be had to the Supreme Court of the State of Mississippi as provided by law from any final action of the chancery court.  No such person shall be allowed to practice nursing or deliver health care services in violation of any action of the chancery court denying, revoking, suspending, restricting or refusing to renew a license or revoking or suspending the privilege to practice while any such appeal to the Supreme Court is pending.  Actions taken by the board in suspending a license or suspending the privilege to practice when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section.  Any appeal of a license suspension or suspension of the privilege to practice that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section and Five Hundred Dollars ($500.00) with the executive director of the board.

 * * *(11)  Nothing contained in this article shall be construed to bar any criminal prosecutions for violation of this article or any regulations promulgated hereunder.

     ( * * *1210)  Any member of the board and any witness appearing in a hearing before the board shall be immune from * * *suit civil liability in any civil action * * *brought by a licensee who is the subject of a review hearing if such member or witness acts in good faith within the scope of the board and has made a reasonable effort to obtain the facts of the matter as to which the individual acts, and acts in the reasonable belief that the action taken is warranted by the facts related to those proceedings.

 * * * (13)  Proceedings in progress on July 1, 1998, to deny, revoke, suspend or refuse to renew any license, or fine or otherwise discipline a licensee, shall not abate by reason of this article.

     SECTION 20.  The following shall be codified as Section 73-15-32, Mississippi Code of 1972:

                73-15-32.  (1)  Application for restoration of a revoked, surrendered or suspended nursing license may be made for a minimum of twelve (12) months from the effective date of revocation, surrender or suspension and shall be at the discretion of the board.  The nurse whose license has been revoked, surrendered or suspended shall petition for restoration of licensure and demonstrate competency and fitness of duty to ensure safety to patients.  Such petition shall be made in writing and on a form prescribed by the board.  The procedure for the restoration of a license that is suspended for being out of compliance with an order for support, as defined in Section 93-11-153, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

     (2)  The petition shall be accompanied by five (5) supporting affidavits, the criteria of which are outlined in the administrative code of the board.

     (3)  The petition may be heard at the next regular meeting of the board, but not earlier than thirty (30) days after the petition was filed.  No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which petitioner is on probation or parole.  In all restoration proceedings, the petitioner has the burden of proof to show by clear and convincing evidence rehabilitation efforts, competency and ability to safely practice nursing.

     (4)  The board may investigate petitioner and consider all activities of the petitioner since disciplinary action was imposed.  The investigation shall require petitioner to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each petitioner shall submit a full set of petitioner's fingerprints in a form and manner as prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.  Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the petitioner's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine licensure, no such information or records related thereto shall, except with written consent of petitioner or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.  The board shall provide to the department the fingerprints of the petitioner, any additional information that may be required by the department, and a form signed by petitioner consenting to the check of criminal records and to use of fingerprints and other identifying information required by state or national repositories.  The board shall charge and collect from petitioner, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on petitioner.

     (5)  The board may not consider incomplete applications.  Applications for restoration of a revoked, surrendered or suspended license are incomplete until all the information required is provided under this section and the rules of the board.

     (6)  In considering restoration of a revoked, surrendered or suspended license, the board may evaluate factors that include, but are not limited to:

          (a)  Severity of the act(s) that resulted in revocation or suspension of license;

          (b)  Conduct of petitioner after the revocation or suspension of license;

          (c)  Compliance with all restoration requirements or orders by the board;

          (d)  Rehabilitation attained by petitioner as evidenced by information provided to the board;

          (e)  Violation by petitioner of any applicable statute or rule.

     SECTION 21.  Section 73-15-33, Mississippi Code of 1972, is amended as follows:

     73-15-33.  (1)  It is unlawful for any person, including a corporation or association, to:

          (a)  Sell, fraudulently obtain or furnish any nursing diploma, license, renewal of license, or record, or to aid or abet therein;

          (b)  Practice nursing as defined by this article under cover of any diploma, license, renewal of license, or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

          (c)  Practice or offer to practice nursing as defined by this article unless duly licensed or privileged to practice under the provisions of this article;

          (d)  Use any title, designation or abbreviation by which a person * * *presents represents to the public that he or she is a registered nurse, an advanced practice registered nurse, a licensed practical nurse or any other type of nurse, unless the person is duly licensed or privileged to practice under the provisions of this article; however, this paragraph does not prohibit a certified nurse assistant or certified nursing assistant from using the word "nurse" or "nursing" as part of his or her job title;

          (e)  Practice as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse * * *during the time when his or her license * * *or privilege to practice issued under the provisions of this article is under suspension or revocation is suspended or revoked;

          (f)  Conduct a nursing education program for the preparation of registered nurses, unless the program has been accredited by the Board of Trustees of State Institutions of Higher Learning, or conduct a nursing education program for the preparation of licensed practical nurses unless the program has been accredited by the Department of Education through the Division of Vocational Education;

          (g)  Willfully employ unlicensed persons or persons not holding the privilege * * *to practice, to practice as registered nurses, advanced practice registered nurses, or licensed practical nurses; or

          (h)  Willfully aid or abet any person who violates any provisions of this article.

     (2)  Any person, firm or corporation who violates any provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not less than twelve (12) months, or by both such fine and imprisonment.  It shall be necessary to prove, in any prosecution under this article, only a single act prohibited by law, or a single holding out or an attempt without proving a general course of conduct in order to constitute a violation.  Each violation may constitute a separate offense.  Except as otherwise authorized in Section 7-5-39, it shall be the duty of the Attorney General to advise with the board in preparing charges, to assist in conducting board disciplinary hearings, to provide assistance with appropriate affidavits and other charges for filing in the appropriate court, and to assist the county or district attorney in prosecution, if any.

     SECTION 22.  Section 73-15-35, Mississippi Code of 1972, is amended as follows:

     73-15-35.  The practice of nursing as a registered nurse, the practice of nursing as an advanced practice registered nurse, or the practice of nursing as a licensed practical nurse by any person who has not been issued a license or who does not hold the privilege to practice under the provisions of this article, or whose license or privilege to practice has been suspended or revoked, or has expired and not been reinstated, or has negligently or willfully practiced nursing in a manner that fails to meet generally accepted standards of such nursing practice, is declared to be a danger to the public health and welfare and shall be enjoined through appropriate court action.  In addition to and not in lieu of any other civil, criminal or disciplinary remedy, the Attorney General, the board * * *of nursing or the prosecuting attorney of any county where a person is practicing or purporting to practice as a registered nurse, as an advanced practice registered nurse, or as a licensed practical nurse in violation of this article may, in accordance with the laws of this state governing injunctions, maintain an action to enjoin that person from practicing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse * * *until in compliance with this article.  The court may issue a temporary injunction without notice or without bond enjoining a defendant from further practicing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse.  If it is established to the satisfaction of the court that the defendant has been or is practicing as a registered nurse, an advanced practice registered nurse, or a licensed practical nurse without being licensed or privileged to practice and in good standing as provided * * *herein in this article, the court may enter a decree perpetually enjoining the defendant from such further activities, and a subsequent violation of which may be considered as contempt of court by any court of competent jurisdiction.  Such injunction and contempt proceedings may be in addition to and not in lieu of any other penalties and remedies provided by this article.

     SECTION 23.  Section 73-15-101, Mississippi Code of 1972, is amended as follows:

     73-15-101.  (1)  A statewide program for certification of certified clinical hemodialysis technicians is created under the * * * Mississippi board * * * of Nursing.

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

          (a)  Practice as a certified clinical hemodialysis technician; or

          (b)  Use the title "certified clinical hemodialysis technician," "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 board * * * of Nursing is authorized and empowered to:

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

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

          (c)  Provide for periodic evaluation of training programs;

          (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 and regulations for certification of hemodialysis technicians by examination, endorsement, renewal and reinstatement; however, the certification by endorsement of a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1; 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 rules and regulations of the board.

     (4)  Any applicant for certification to practice as a certified clinical hemodialysis technician shall * * * submit to the Board of Nursing:

          (a)  Submit to the board an attested written application on a board * * * of Nursing form;

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

          (c)  Submit to the board written official evidence of completion of a hemodialysis technician program approved by the board * * * of Nursing;

          (d)  Submit to the board evidence of competence in English related to health care/nursing if the first language is not English;

          (e)  Submit to the board written official evidence that the applicant has passed the certification examination as approved by the board * * * of Nursing; * * * and

          (f) * * *  Any other official records required by the Board of Nursing.  Have successful clearance for licensure through an investigation that shall consist of a determination as to good moral character and verification that the prospective certificate holder is not guilty of or in violation of any statutory ground for denial of licensure for nurses as set forth in Section 73-15-29, or guilty of any offense specified in Section 73-15-33, or any offense specified in subsection (5) of this section.  To assist the board in conducting its licensure investigation, all applicants shall undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.  Each applicant shall submit a full set of his or her fingerprints in a form and manner prescribed by the board, which shall be forwarded to the Mississippi Department of Public Safety (department) and the Federal Bureau of Investigation Identification Division for this purpose.  Any and all state or national criminal history records information obtained by the board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents and attorneys in evaluating the applicant's eligibility or disqualification for licensure, and shall be exempt from the Mississippi Public Records Act of 1983.  Except when introduced into evidence in a hearing before the board to determine certification, no such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.  The board shall provide to the department the fingerprints of the applicant, any additional information that may be required by the department, and a form signed by the applicant consenting to the check of the criminal records and to the use of the fingerprints and other identifying information required by the state or national repositories.  The board shall charge and collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history records information on the applicant.  The board 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 of the Mississippi Code of 1972, as now or hereafter amended, or any provision of this article.

          (g)  Submit to the board any other official records required by the board.

     (5)  The 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 of the Mississippi Code of 1972, or any offense listed in Section 43-11-13(5), or any sex offense included in Section 45-33-23(h), as now or hereafter amended.

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

     ( * * *67)  The 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 later examination, renewal of certification, reinstatement of a lapsed certificate, endorsement, initial review and approval of a training program, and later review and approval of a training program.

     SECTION 24.  This act shall take effect and be in force from and after July 1, 2015.