HB2667 H H&HR AM #1

CR 3338

The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting the following:

“§30-7-5 and §30-7-6 of the Code of West Virginia, 1931, as amended, be amended reenacted, all to read as follows:

ARTICLE 7. REGISTERED PROFESSIONAL NURSES.

§30-7-5. Schools of nursing accreditation.

(a) A nursing school shall be approved by the board or accredited by The Accreditation Commission for Education in Nursing, The Commission on Collegiate Nursing Education or The National League for Nursing Accrediting Commission or national nursing accrediting body recognized by the United States Secretary of Education.

(b) An institution desiring to be accredited approved by the board for the preparation of practitioners of registered professional nursing shall file an application therefor with the board, together with the information required and a fee of $50 as provided by legislative rule. It shall submit written evidence information that:

(a) (1) It is prepared to give a program of nursing education which meets the standards prescribed by the board; and

(b) (2) it is prepared to meet all other standards prescribed in this article and by the legislative rule as promulgated by the board.

Instruction and practice may be secured in one or more institutions approved by the board. Such institution or institutions with which the school is to be affiliated shall be surveyed by the executive secretary of the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the requirements for an accredited school to prepare practitioners of registered professional nursing are met, it shall approve the school as an accredited school. From time to time as deemed necessary by the board, it shall be the duty of the board, through its executive secretary, to survey all such schools. Written reports of such surveys shall be submitted to the board. If the board determines that any such accredited school is not maintaining the standards required by this article and by the board, notice thereof in writing specifying the defect or defects shall be immediately given to the school. A school which fails to correct these conditions to the satisfaction of the board within a reasonable time shall be removed from the list of accredited schools.

(c) A nursing school accredited by The Accreditation Commission for Education in Nursing, The Commission on Collegiate Nursing Education or The National League for Nursing Accrediting Commission or national nursing accrediting body recognized by the United States Secretary of Education is deemed approved by the board but is subject to legislative rule as prescribed by the board.

(d)  A nursing school that has been accredited for two accreditation cycles by The Accreditation Commission for Education in Nursing, The Commission on Collegiate Nursing Education or The National League for Nursing Accrediting Commission or national nursing accrediting body recognized by the United States Secretary of Education is not subject to the additional requirements of this article or legislative rules promulgated thereunder.  If a nursing school loses its accreditation, it is immediately subject to the authority of the board. 

(e) The board may assist a nursing student in filing a complaint to a national accrediting body.

§30-7-6. Qualifications; licensure; fees; temporary permits.

(a) To obtain a license to practice registered professional nursing, an applicant for such license shall submit to the board written evidence, verified by oath, that he or she:

(1) is of good moral character;

(2) has completed an approved four-year high school course of study or the equivalent thereof, as determined by the appropriate educational agency; and 

(3) has completed an accredited program of registered professional nursing education and holds a diploma of a school accredited approved by the board or school accredited by The Accreditation Commission for Education in Nursing, The Commission on Collegiate Nursing Education or The National League for Nursing Accrediting Commission or national nursing accrediting body recognized by the United States Secretary of Education.

(b) The applicant shall also be required to pass a written examination in such subjects as the board may determine. Each written examination may be supplemented by an oral examination. Upon successfully passing such examination or examinations, the board shall issue to the applicant a license to practice registered professional nursing. The board shall determine the times and places for examinations. an examination as prescribed by legislative rule. In the event If an applicant shall have failed fails to pass examinations the examination on two occasions, the applicant shall in addition to the other requirements of this section, present to the board such other evidence of his or her qualifications as the board may prescribe.

(c) The board may, upon application, issue a license to practice registered professional nursing by endorsement to an applicant who has been duly licensed as a registered professional nurse under the laws of another state, territory or foreign country if in the opinion of the board the applicant meets the qualifications required of registered professional nurses at the time of graduation.

(d) The board may, upon application and proper identification determined by the board, issue a temporary permit to practice registered professional nursing by endorsement to an applicant who has been duly licensed as a registered professional nurse under the laws of another state, territory or foreign country jurisdiction. Such The temporary permit authorizes the holder to practice registered professional nursing in this state while the temporary permit is effective. A temporary permit shall be effective for ninety days, unless the board revokes such permit prior to its expiration, and such permit may not be renewed. Any person applying for a temporary license under the provisions of this paragraph shall, with his or her application, pay to the board a nonrefundable fee of $10. a fee as provided in legislative rule.

(e) Any person holding a valid license designated as a "waiver license" may submit an application to the board for a license containing no reference to the fact that such the person has theretofore been issued such "waiver license." The provisions of this section relating to examination and fees and the provisions of all other sections of this article shall apply to any application submitted to the board pursuant to the provisions of this paragraph.

(f) Any person applying for a license to practice registered professional nursing under the provisions of this article shall, with his or her application, pay to the board a fee of $40: Provided, That the fee to be paid for the year commencing July 1, 1982, shall be $70: Provided, however, That the board in its discretion may, by rule or regulation, decrease either or both said license fees. as prescribed by legislative rule. In the event it shall be necessary for the board to reexamine any applicant for a license, an additional fee shall be paid to the board by the applicant for reexamination Provided further, That the total of such additional fees shall in no case exceed $100 for any one examination. as prescribed by legislative rule.

(g) Any person holding a license heretofore issued by the West Virginia state Board of Examiners for Registered Nurses and which license is valid on the date this article becomes effective shall be deemed to be duly licensed under the provisions of this article for the remainder of the period of any such license heretofore issued. Any such license heretofore issued shall also, for all purposes, be deemed to be a license issued under this article and to be subject to the provisions hereof. A license issued by the board shall for all purposes be considered a license issued under this section: Provided, That a person holding a license shall renew the license.

(h) The board shall, upon receipt of a duly executed application for licensure and of the accompanying fee of $70 fee as prescribed by legislative rule, issue a temporary permit to practice registered professional nursing to any applicant who has received a diploma from a school of nursing approved by the board pursuant to this article after the date the board last scheduled a written examination for persons eligible for licensure: Provided, That no such temporary permit shall be renewable nor shall any such permit be valid for any purpose subsequent to the date the board has announced the results of the first written examination given by the board following the issuance of such permit.

(i) To obtain a license to practice as an advanced practice registered nurse, an applicant must submit a written application, verified by oath, to the board together with an application fee established by the board through an authorized legislative rule. The requirements for a license to practice as an advanced practice registered nurse in this state are listed below and must be demonstrated to the board through satisfactory evidence submitted with the application for a license:

(1) The applicant must be licensed in good standing with the board as a registered professional nurse;

(2) The applicant must have satisfactorily completed a graduate-level program accredited by a national accreditation body that is acceptable to the board; and

(3) The applicant must be currently certified by a national certification organization, approved by the board, in one or more of the following nationally recognized advance practice registered nursing roles: certified registered nurse anesthetist, certified nurse-midwife, clinical nurse specialist or certified nurse practitioner.

Adopted

Rejected