Nurse practice act revisions.

ORIGINAL
Senate
File No
.
SF0111

ENROLLED ACT NO. 77,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to the occupation of nursing; revising the Nurse Practice Act; specifying applicability to advanced practice registered nurses, registered nurses, licensed practical nurses or certified nursing assistants; conforming provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Se
ction
1
.

W.S. 33
‑
21
‑
120
(a)(i)(C)
,
(D) and (viii), 33
‑
2
1
‑
122(c)(iii), 33
‑
21
‑
127(a)(intro), (ii)
,

(iii), (b)
(intro),
(ii)
,

(iv)(A), (c) and (d), 33
‑
21
‑
128(b) and (c), 33
‑
21
‑
129, 33
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21
‑
130, 33
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21
‑
131, 33
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21
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132(a) through (d), 33
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21
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133, 33
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21
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145(a)(i) through (iv) and (viii), 33
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21
‑
146(a)(iii)(A), (C)
,
(D), (vi), (vii)
,
(x) and (b), 33
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21
‑
147, 33
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21
‑
148, 33
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21
‑
149, 33
‑
21
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150(a)(i), 33
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21
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151(a)(i) through (iii), 33
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21
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153(a) and 33
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21
‑
154(a)(ix) and (xi) are amended to read
:

33
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21
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120
.

Definitions.

(a)

As used in this act:

(i)

"Advanced practice registered nurse (APRN)" means a nurse who:

(C)

Has a
doctorate or
master's degree in nursing, or an advanced practice registered nurse specialty or has completed an accredited advanced practice registered nurse educational program prior to January 1, 1999; and

(D)

Has completed an advanced program of study in a specialty area in an accredited nursing program, has taken and passed a national certification examination in the same area and has been granted
recognition
licensure
by the board to practice as an APRN.

(viii)

"License" means a current document permitting the practice of nursing as
a
an advanced practice registered nurse,
registered nurse or licensed practical nurse;

33
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21
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122
.

Board of nursing; powers and duties.

(c)

Without limiting the foregoing, the board of nursing may do the following:

(iii)

Publish advisory opinions relative to whether the nursing procedures, policies and other practices of any agency, facility, institution or other organization that employs individuals licensed

or certified
under this act complies with the standards of nursing practice as defined in this act and board rules and regulations. The board may submit comments, register complaints or file charges with the appropriate advisory, certifying or regulatory body governing the agency, facility, institution or organization that authorizes and condones violations of this act or board rules and regulations;

33
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21
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127
.

Qualifications for licensure
or certification
; application requirements.

(a)

An applicant for licensure

or certification
by examination to practice as
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
shall:

(ii)

Be a graduate of a state board approved nursing
or nursing assistant

education program recognized
by the board which prepares

the applicant
for the level of licensure
or certification

being sought;

(iii)

Pass a board approved national nursing licensure

or certification
examination;

(b)

An applicant for licensure

or certification
by endorsement to practice as
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
shall:

(ii)

Be a graduate of a state board approved nursing
or nursing assistant

education program recognized by the board which prepares

the applicant
for the level of licensure

or certification
being sought;

(iv)

Remit fees as specified by the board; and either:

(A)

Submit proof of initial licensure
or certification

by an examination acceptable to the board, provided that when the applicant secured his or her initial license

or certificate
, the requirements for licensure

or certification
included the requirements then necessary for licensure

or certification
in this state and have submitted proof that the license
or certificate

has not been suspended, revoked or otherwise restricted for any reason; or

(c)

Each applicant who successfully meets the requirements of this section is entitled to licensure
or certification

as
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
, whichever is applicable.

(d)

In addition to subsections (a) and (b) of this section, an applicant for licensure
or certification

under this act shall provide the board fingerprints and other information necessary for a criminal history record background check as provided under W.S. 7
‑
19
‑
201.

33
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21
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128
.

Examinations for licensure; reexamination.

(b)

The board may employ, contract and cooperate with any organization in the preparation, administration and grading of an appropriate national nursing licensure

or
nursing assistant
certification
examination.

(c)

The board shall by rules and regulations limit the number of reexaminations which may be taken by the applicant after the initial failure of a board approved national nursing licensure
or
nursing assistant
certification

examination.

33
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21
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129
.

Renewal of licenses
or certificates
.

(a)

Licenses
or certificates

issued under this act shall be renewed biennially according to a schedule established by board rules and regulations.

(b)

A renewal license
or certificate

shall be issued to
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
who demonstrates satisfactory completion of requirements established by the board and who remits the required fees established in the board rules and regulations.

(c)

Any license
or certificate

issued by the board shall expire if the licensee

or certificate holder
fails to
renew the license
or certificate

as established in board rules and regulations, including the remittance of all fees.

(d)

Failure to renew the license
or certificate

by the expiration date shall result in forfeiture of the right to practice nursing

or nurse assisting
in this state.

33
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21
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130
.

Relicensure
or recertification
.

Licensees
or certificate holders

who have allowed their license
or certificate

to lapse by failure to renew as herein provided, may apply for relicensure
or recertification

according to board rules and regulations. Upon satisfaction of the requirements for relicensure

or recertification
, the board shall issue a renewal of license

or certificate
to practice nursing

or nurse assisting
.

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21
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131
.

Inactive status; reactivation
or recertification
.

Licensees
or certificate holders

who hold an active license

or certificate
to practice in this state, and who wish to discontinue the practice of professional or practical nursing

or nurse assisting
in this state, may request in writing that the board place their license

or certificate
on inactive status. A licensee
or certificate holder

on inactive status shall not be considered lapsed or expired. A biennial renewal fee shall be required to retain the inactive status. Licensees

or certificate holders
on inactive status may apply for reactivation pursuant to board rules and regulations.

33
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132
.

Temporary permit.

(a)

The board may issue a temporary permit to practice nursing

or nurse assisting
to
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
who is awaiting licensure
or certification

by endorsement and who is currently licensed
or certified

in good standing in another jurisdiction, territory or possession of the United States. The period for a temporary permit shall not exceed ninety (90) days, provided the applicant submits a written application for licensure
or certification

by endorsement in a form and substance satisfactory to the board.

A temporary permit for such a request shall be issued only one (1) time.

(b)

The board may issue a temporary permit to practice nursing
or nurse assisting

to
a

an advanced practice registered nurse,
registered nurse
,

or
licensed practical nurse

or certified nursing assistant
who is not seeking licensure
or certification

by endorsement and who is currently licensed

or certified
in good standing in another jurisdiction, territory or possession of the United States. The period for a temporary permit shall not exceed ninety (90) days, provided the applicant submits a written application for licensure
or certification

by endorsement in a form and substance satisfactory to the board. A temporary permit for such a request shall be issued only one (1) time.

(c)

The board may issue a temporary permit to practice nursing

or nurse assisting
to a graduate of an approved nursing
or nursing assistant

education program, pending the results of the first board approved national nursing licensure
or certification

examination offered after graduation. A temporary permit shall not be issued to any applicant who has previously failed a board approved
national nursing licensure
or certification

examination. The temporary permit shall be surrendered in event of failure of the licensure

or certification
examination. A new graduate holding a temporary permit shall practice only under the direction and supervision of a registered professional nurse.

A temporary permit for such a request shall be issued only one (1) time.

(d)

The board may issue a temporary permit to graduates of foreign schools of nursing who have met the requirements for licensure by examination or endorsement pursuant to board rules and regulations. Applicants showing evidence of certification from a board approved national certifying organization for graduates of foreign nursing schools shall take the first

available
board approved national nursing licensure
or certification

examination
offered
for which they are eligible.

A temporary permit for such a request shall be issued only one (1) time.

33
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133
.

Licensees
and certificate holders
to provide statistical information to board.

Each licensee

and certificate holder
shall provide reasonable information for statistics requested by the board to perform its duties in nursing manpower planning.

33
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21
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145
.

Violations; penalties.

(a)

No person shall:

(i)

Engage in the practice of nursing
or nurse assisting

as defined in this act without a valid, current license
, certificate
or temporary permit, except as otherwise permitted under this act or the Nurse Licensure Compact or the Advanced Practice Registered Nurse Compact;

(ii)

Practice nursing
or nurse assisting

under cover of any diploma, license
, certificate
or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

(iii)

Use any words, abbreviations, figures, letters, titles, signs, cards or devices tending to imply that the person is
a

an advanced practice registered nurse,
registered nurse, licensed practical nurse or
advanced practice registered nurse

certified nurs
ing
assistant
unless the person is duly licensed

or certified
as
a
an advanced practice registered nurse,

registered nurse, licensed practical nurse
, or recognized as an advanced practice registered nurse

or certified n
ursing assistant
under this act or the Advanced Practice Registered Nurse Compact or holds a license in another state and is practicing in this state pursuant to the Nurse Licensure Compact;

(iv)

Knowingly employ unlicensed
or uncertified

persons in the practice of nursing

or nurse assisting
;

(viii)

Practice nursing
or nurse assisting

during the time a license
or certificate

is suspended, revoked, surrendered, inactive or lapsed.

33
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21
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146
.

Disciplining licensees and certificate holders; grounds.

(a)

The board of nursing may refuse to issue or renew, or may suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder, upon proof that the person:

(iii)

Has practiced fraud or deceit:

(A)

In procuring or attempting to procure a license
or certificate

to practice nursing

or nurs
e
assist
ing
;

(C)

In signing any report or record as
a

an advanced practice registered nurse,
registered nurse
,

or as
a licensed practical nurse

or certified nursing assistant
;

(D)

In representing authority to practice nursing

or nurs
e
assist
ing
; or

(vi)

Has had a license
or certificate

to practice nursing
or nurse assisting

or to practice in another health care discipline in another jurisdiction, territory or possession of the United States denied, revoked, suspended or otherwise restricted;

(vii)

Has practiced nursing
or nurse assisting

within this state without a valid current license or temporary permit or as otherwise permitted under this act
,

or
the Nurse Licensure Compact

or the Advanced Practice Registered Nurse Compact
;

(x)

Has knowingly engaged in an act which the licensee
or certificate holder

knew was beyond the scope of the individual's nursing
or nurs
e
assist
ing

practice prior to committing the act, or performed acts without sufficient education, knowledge
,
or ability to apply nursing principles and skills;

(b)

Upon receipt from the department of family services of a certified copy of an order from a court to
withhold, suspend or otherwise restrict a license
or certificate

issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license

or certificate
in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license

or certificate
withheld, suspended or restricted under this subsection.

33
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147
.

Disciplining licensees
or certificate holders
; procedure.

A proceeding for discipline of a licensee
, certificate holder
or a temporary permit holder, or action against an applicant for a license
, certificate
or temporary permit, may be commenced when the board has reasonable grounds to believe that a person under the board's jurisdiction has committed acts in violation of W.S. 33
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21
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146. No license
or certificate

to practice nursing

or nurse assisting
may be revoked or denied by the board without affording the licensee
, certificate holder
or applicant due process of law. However, the board may summarily suspend a license
or certificate

and institute proceedings concomitantly if the board finds that the licensee
or certificate holder

presents a clear and immediate danger to the public health, safety and welfare if allowed to continue to practice. For purposes of a suspension or other restriction imposed pursuant to W.S. 33
‑
21
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146(b), the board may presume that the court imposing the suspension or restriction afforded the licensee
, certificate holder
or applicant due process of law.

33
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148
.

Disciplining licensees; reinstatement.

Any person whose license
or certificate

has been denied, suspended or revoked, pursuant to this act, may apply to the board for reinstatement of the license
or certificate

or issuance of a license
or certificate

after fulfilling those requirements determined by the board. The application shall be made in writing and in the form prescribed by the board. The board may grant or deny the application or it may modify its original findings to reflect any circumstances that have changed sufficiently to warrant modifications.

33
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149
.

Disciplining licensees
or certificate holders
; conditional licensure.

As a result of disciplinary action, the board may in addition to other powers and duties, issue, renew or reinstate licenses
or certificates

subject to reasonable conditions which the board may impose.

33
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150
.

Immunity of board members and persons reporting information to board.

(a)

Any member or agent of the board, or any person under oath, is not subject to a civil action for damages as a result of reporting information in good faith, without fraud or malice, relating to alleged violations of this act or board rules and regulations including, but not limited to:

(i)

Negligence, malpractice or the qualification, fitness or character of a person licensed

or certified
, or applying for a license

or certificate
, to practice nursing

or nurse assisting
; or

33
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151
.

Injunctive relief; grounds.

(a)

The board may petition in its own name for an injunction to a proper court of competent jurisdiction to enjoin:

(i)

Any person from practicing nursing

or nurse ass
isting
, within the meaning of this act, without a valid license
, certificate
or temporary permit, unless so exempted under W.S. 33
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21
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154;

(ii)

Any licensee
or certificate holder

from practicing who allegedly is in violation of this act; or

(iii)

Any person, firm, corporation, institution or association from employing any individual to practice nursing
or nurse assisting

who is not licensed
or certified

under this act or exempted under W.S. 33
‑
21
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154.

33
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153
.

Names of terminated licensees
or certificate holders
to board; enforcement by court order; civil contempt for noncompliance; immunity.

(a)

Hospitals, nursing homes and other employers of
advanced practice registered nurses,

registered nurses, licensed practical nurses
,
and
advanced practice registered nurses

certified nursing assistants
shall report to the board the names of those licensees
or certificate holders

whose employment has been terminated voluntarily or involuntarily for any reasons stipulated in W.S. 33
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21
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146.

33
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154
.

Exemptions.

(a)

No provisions in this act prohibit:

(ix)

The practice of any nurse

or nursing assistant
, currently licensed
or certified

in another jurisdiction, in the provision of nursing care in the case of an emergency or disaster as declared by the governor;

(xi)

The practice of any advanced practice registered nurse who holds a license in another state and is practicing in this state pursuant to
W.S. 33
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21
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302

the Advanced Practice Registered Nurse Compact
.

Section 2
.

This act is effective July 1, 2017
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1