SECTION I
PURPOSE AND
DEFINITIONS
A.
PURPOSE
1.
ARKANSAS NURSE PRACTICE ACT -
Requires that any person who practices or offers to practice professional
nursing, nurse anesthesia, registered nurse practitioner, nurse midwifery,
practical nursing or psychiatric technician nursing for compensation be
licensed and submit evidence that he/she is qualified to so practice and shall
be licensed as hereinafter provided.
2.
ARKANSAS STATE BOARD OF
NURSING - Established by the Arkansas Nurse Practice for the implementation of
the statute by carrying on the licensing and educational functions for
professional, practical and psychiatric technician nursing.
B.
DEFINITION OF
TERMS
For the purpose of the Rules the following definitions are
accepted:
1.
BOARD- the
Arkansas State Board of Nursing.
2.
LEGAL AUTHORITY- The authority of the Board is contained in the
Arkansas Code of 1987 Annotated and 1987 Supplement, Sections
17-86-101
through 17-86-507 (Nurse Practice Act).
3.
THE PRACTICE OF PROFESSIONAL
NURSING
a. The performance for
compensation of any acts involving the observation, care and counsel of the
ill, injured or infirm; the maintenance of health or prevention of illness of
others; the supervision and teaching of other personnel; or the administration
of medications and treatments as prescribed by a licensed physician or dentist,
where such acts require substantial specialized judgment and skill based on
knowledge and application of the principles of biological, physical and social
sciences.
b. Any nurse registered
under the provisions of this Act, who holds a diploma or certificate evidencing
his or her successful completion of the educational program of a school of
anesthesia duly accredited by the Council of Accreditation of Nurse Anesthesia
Educational Programs or other nationally recognized accrediting body and holds
a current certificate of certification from the Council on Certification of
Nurse Anesthetists or the Council on Recertification of Nurse Anesthetists or
the nationally recognized certifying body, may give or administer anesthetics
in this state in the presence and under the supervision of a licensed physician
or dentist.
c. Any person licensed
or possessing the qualifications to obtain a license as a registered nurse
under the provisions of this Act who holds a certificate and/or academic degree
evidencing his or her successful completion of the educational program of an
accredited school of nursing or other nationally recognized accredited program
recognized by the State Board of Nursing as meeting the requirements as a nurse
practitioner program, may be licensed as a registered nurse practitioner in
accordance with the rules and regulations promulgated by the State Board of
Nursing. A registered nurse practitioner is a registered nurse, licensed in
this state, who has been authorized by the State Board of Nursing to deliver
health care in collaboration with a licensed physician. Registered nurse
practitioners under the direction of a licensed physician shall be authorized
to engage in activities recognized by the nursing profession and as specified
in the Arkansas State Board of Nursing rules and regulations relating to
registered nurse practitioners.
d.
Practice of nurse midwifery means the performance for compensation of nursing
skills relevant to the management and monitoring of the woman and her newborn
infant throughout the course of normal maternity cycle including pregnancy,
labor, spontaneous birth, and the six-week postpartum period. The practice must
be in consultation with a physician licensed under the Arkansas Medical
Practices Act, §
17-93-201 et
seq., who has obstetrical privileges in a hospital.
e. Nothing herein is to be deemed to limit a
certified registered nurse anesthetist, a nurse midwife, or a registered nurse
practitioner from engaging in those activities which normally constitute the
practice of nursing, or those which may be performed by persons without the
necessity of the license to practice medicine. Nor shall this regulation
preclude hospital employed professional paramedics from administering
medication for diagnostic procedures under the direction of a
physician.
4.
THE
PRACTICE OF PRACTICAL NURSING - the performance for compensation of any
acts involving the care of the ill, injured, or infirm under the direction of a
registered professional nurse or a licensed physician or a licensed dentist,
not requiring the substantial specialized skill, judgment, and knowledge
required in professional nursing.
5.
THE PRACTICE OF PSYCHIATRIC
TECHNICIAN NURSING - the performance for compensation of acts involving
the care of the physically and/or mentally ill, retarded, injured, or infirm
and the carrying out of medical orders under the direction of a registered
professional nurse, or a licensed physician or a licensed dentist, not
requiring the substantial specialized skill, judgment, and knowledge required
in professional nursing.
SECTION II
GENERAL MATTERS
A.
OFFICE AND HOURS
The office of the Board is in Little Rock, Arkansas. The office
shall be open during business hours each day, Saturday, Sunday and holidays
excepted,
B.
EXAMINATION, INQUIRY OR INVESTIGATION
The Board may, through one or more of its members, or executive
director especially authorized, conduct at its office in Little Rock, Arkansas,
or in any part of the state, any examination, inquiry or investigation, hearing
or other proceeding necessary to perform its duties arid functions. The
executive director shall have custody of the seal and official records and
shall be responsible for the maintenance and custody of the files and records
of the Board, including the credentials for all Arkansas licensed nurses,
transcripts of testimony and exhibits, the minutes of all actions taken by the
Board and all of its findings, determinations, reports, opinions, orders,
rules, regulations, and approved forms.
C.
AUTHENTICATION
All notices and other actions of the Board shall be authenticated
or signed by the president, secretary, or such other person as may be
authorized by the Board.
D.
NOTICE
Upon order of the Board, the president, secretary, or executive
director shall issue all notices of hearings and other process as may be
directed by the Board.
E.
POWERS OF BOARD
The Board is authorized to:
1. Promulgate whatever regulations it deems
necessary for the implementation of this Act.
2. Cause the prosecution of persons violating
this Act;
3. Keep a record of all
its proceedings;
4. Make an annual
report to the Governor;
5. Employ
personnel necessary for carrying out its functions;
6. Study, review, develop and recommend role
levels of technical classes of nursing service and practice to state and
federal health agencies and to public and private administrative
bodies.
7. Fix the time for holding
its regular meetings.
8. Prescribe
minimum standards and approve curricula for educational programs preparing
persons for licensure as registered nurses, licensed practical nurses, and
licensed psychiatric technician nurses;
9. Provide for surveys of such programs at
such times as it deems necessary or at the request of the schools;
10. Approve programs that meet the
requirements of this Act;
11. Deny
or withdraw approval from educational programs for failure to meet prescribed
standards;
12. Examine, license and
renew the licenses of duly qualified applicants for professional nursing,
practical nursing and psychiatric technician nursing; and
13. Conduct disciplinary proceedings as
provided for in this Act.
F.
EXECUTIVE DIRECTOR
The executive director of the Board shall be a registered nurse
and meet the qualifications required by the Board.
G.
BOARD FUNDS
1. All funds received by the Board shall be
deposited in the State Treasury to the credit of the Board.
2. Fees paid to the Board may be in the form
of cash, personal checks, cashier checks, or money orders.
3. Fees paid to the Board are processing fees
and are not refundable.
H.
APPROVAL OF REGULATIONS
No regulations promulgated hereafter by the Board shall be
effective until approved by the Arkansas Legislative Council and the Joint
interim Committee on Public Health, Welfare and Labor of the Arkansas General
Assembly.
I.
RECORDS
1.
Record
Maintenance
The executive director shall enter, in permanent form,
credentials of all nurses, records of official transactions and proceedings,
and keep such records in safekeeping.
2.
Tapes
Meetings may be taped by a secretary as necessary for purposes of
minute taking. Tapes may be erased after corresponding minutes have been
approved. The president may request taping of specific agenda items; such tapes
will be retained for a minimum of one year. Public hearings for rule changes
may be taped; such tapes to be retained until the rule change is
effective.
3.
Destruction
The executive director may destroy or dispose of records in the
office in accord with applicable law.
4.
Certified Copies
The executive director shall provide to any nurse holding
Arkansas licensure and requesting it, a certified copy of any of her/his
credentials on file in the board office.
5.
Public Inspection
Records shall be open to public inspection except as may be
specifically exempted by statute. Contracts for State Board licensing
examinations require that strict security measures are adhered to at all times
in order to prevent applicants from learning about contents of
examination.
6.
Request for Copies of Rules
Copies of rules of the Board will be furnished free of charge to
any official of a government agency requesting them in the performance of his
duties.
J.
EXAMINATION REVIEW
A registered nurse, practical nurse or psychiatric technician
nurse candidate who has failed the licensure examination may review his/her
examination and/or challenge examination items according to the policies and
procedures of the test development agency.
SECTION III
ADMINISTRATION
A.
ORGANIZATION
1.
Composition of
Board
The Arkansas State Board of Nursing is composed of fourteen (14)
members to be appointed by the Governor subject to confirmation by the Senate.
Six members of the Board shall be registered nurses whose highest level of
educational preparation shall be as follows: two diploma school graduates, two
associate degree graduates and two baccalaureate degree or post-baccalaureate
degree graduates. Three members of the Board shall be licensed practical
nurses. Three members of the Board shall be licensed psychiatric technician
nurses. One member shall be a layperson representing consumers of health care
services. One member shall not be actively engaged in or retired from the
profession of nursing, shall be sixty years of age or older, and shall be the
representative of the elderly.
The Board shall make and adopt all necessary rules and
regulations; perform the duties and transact the business required under the
provisions of the Arkansas Nurse Practice Act. Nine (9) members of the Board
shall constitute a quorum.
2.
Terms of Office
The term of office for members of the Board shall be four years.
Members shall be appointed for such terms as will result in expiration of the
terms of three members each year. No member shall be appointed to consecutive
terms.
3.
Quorum
Nine (9} members of the Board shall constitute a quorum.
B.
OFFICERS OF
THE BOARD
The officers of the Board shall consist of a president, vice
president, secretary, and treasurer. The president shall be a registered
nurse.
1.
Election of
Officers
The officers of the Board shall be elected annually. The nominee
receiving the largest number of votes shall be declared elected and shall
assume office on the day of the election.
2.
Vacancies in
Office
In case of a vacancy in any of said offices, the Board shall
elect one of its members to fill such office until the next regular
election.
3.
Duties of Officersa.
The president shall preside at meetings and shall appoint members to serve on
committees as may be created and shall be an ex officio member of all
committees except the Grievance Committee. The president shall prepare the
agenda for the meeting.
b. The vice
president shall preside in the absence of the president, and shall assume the
duties of the president when necessary.
c. The secretary of the Board shall keep a
record of the minutes of the meetings of said Board, together with a record of
the action of the Board thereon.
d.
The treasurer shall serve as chairman of the Finance Committee, be responsible
for presenting financial reports and a recommended budget to the Board for
approval.
C.
BUSINESS MEETINGS
1.
Regular Meetings
The Board shall hold a regular meeting within each six (6} month
calendar period. Regular meetings shall be determined by the Board unless
otherwise ordered by the president.
2.
Special Meetings
Special meetings may be called at any time by the president or by
the secretary on the request of any three (3) members of the Board.
3.
Agenda
An agenda shall be prepared for each meeting. A copy of the
agenda shall be sent to each member at least seven (7) days prior to the
meeting. Any member wishing to have a topic placed on the agenda shall notify
the executive director at least ten (10) days prior to the meeting. Items of an
emergency nature shall be considered at any meeting without prior
notice.
4.
Records of Meeting
The secretary shall keep a record of all meetings and such
records shall be retained as a permanent record of the transactions of the
Board.
5.
Minutes
Minutes of the previous board meeting shall be approved at the
beginning of each board business meeting. Corrections and/or amendments shall
be made at this time. Both president and secretary shall sign the minutes,
affix the Board seal and file in the official minutes book. All motions shall
be in writing and shall be placed in the Board office for safekeeping by the
executive director and kept for a period of five (5} years.
6.
Procedures for
Meetings
Roberts Rules of Order, Newly Revised, shall be the guide to fair
and orderly procedure in meetings of the Board.
