Senate Bill sb2210

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2210

    By Senator Saunders





    37-1421-05                                              See HB

  1                      A bill to be entitled

  2         An act relating to the Nurse Licensure Compact;

  3         creating ss. 464.100, 464.102, 464.103,

  4         464.104, 464.107, 464.108, 464.109, 464.110,

  5         464.112, 464.113, 464.114, 464.115, and

  6         464.116, F.S.; incorporating the Nurse

  7         Licensure Compact into the Nurse Practice Act;

  8         providing for implementation of the Nurse

  9         Licensure Compact; requiring the Board of

10         Nursing to adopt rules to conform with the

11         compact; providing legislative intent,

12         findings, and purpose; providing definitions;

13         providing jurisdiction; providing for

14         applications for licensure; providing for

15         adverse actions by the licensing board;

16         providing for additional authority given to

17         licensing boards; providing for a coordinated

18         licensure information system; providing for

19         compact administration and interchange of

20         information; providing for the state's ability

21         to withdraw and amend the compact; providing

22         for statutory construction and severability;

23         providing for an implementation date to be set;

24         amending s. 464.003, F.S.; revising definitions

25         to include the Nurse Licensure Compact;

26         amending s. 464.012, F.S.; providing for a

27         professional nurse with a multistate licensure

28         privilege from a compact state to be certified

29         as an advanced registered nurse practitioner;

30         amending s. 464.0195, F.S.; creating

31         requirements for submission of employment data,

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         education, and other workforce information to

 2         the Board of Nursing; amending s. 464.014,

 3         F.S.; creating provisions for retired nurse

 4         status; amending s. 464.015, F.S.; revising

 5         restrictions on use of professional titles;

 6         amending s. 464.022, F.S.; providing an

 7         exception to practice nursing for licensees

 8         from a compact state and providing for a

 9         temporary license for successful examination

10         candidates without a social security number;

11         amending s. 464.201, F.S.; providing a

12         definition of the practice of certified nursing

13         assistant; amending s. 464.202, F.S.; revising

14         the powers and duties of the board; amending s.

15         464.204, F.S.; revising grounds for

16         disciplinary actions against certified nursing

17         assistants; providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Sections 464.100, 464.102, 464.103,

22  464.104, 464.107, 464.108, 464.109, 464.110, 464.112, 464.113,

23  464.114, 464.115, and 464.116, Florida Statutes, are created

24  to read:

25         464.100  Nurse Licensure Compact.--Sections

26  464.100-464.116 may be referred to as the "Nurse Licensure

27  Compact."

28         (1)  The Nurse Licensure Compact is hereby enacted and

29  entered into with all other jurisdictions that legally join in

30  the compact, which is substantially as follows:

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (2)  "The head of the nurse licensing board" as used to

 2  define the compact administrator in s. 464.112(1) shall mean

 3  the executive director of the Board of Nursing.

 4         (3)  Upon the effective date of this compact, the

 5  licensing board shall participate in a compact evaluation

 6  initiative, designed to evaluate the effectiveness and

 7  operability of the compact. Such compact evaluation initiative

 8  shall be conducted by an outside researcher. A component of

 9  the evaluation shall include a remote state identification

10  system through which nurses shall designate those remote

11  states in which the nurse is practicing. A nurse's practice

12  information in such identification system shall be updated

13  upon issuance and renewal of the nurse's license. The

14  evaluation shall continue until the year 2009, after which

15  time a report shall be produced for comment by the

16  participating licensing boards and shall be submitted to the

17  legislature in the form of a Nurse Licensure Compact

18  evaluation report. The board shall by rule establish

19  requirements for submission of employment data, education, and

20  other information that may be required to evaluate the

21  effectiveness of this compact.

22         (4)  To facilitate cross-state enforcement efforts, the

23  Legislature finds that it is necessary for this state to have

24  the power to recover from the affected nurse the costs of

25  investigations and disposition of cases resulting from adverse

26  actions taken by this state against that nurse.

27         (5)  This compact is designed to facilitate the

28  regulation of nurses and does not relieve employers from

29  complying with statutorily imposed obligations.

30         (6)  This compact does not supersede existing state

31  labor laws.

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         464.102  Findings and declaration of purpose.--

 2         (1)  The party states find that:

 3         (a)  The health and safety of the public are affected

 4  by the degree of compliance with and the effectiveness of

 5  enforcement activities related to state nurse licensure laws.

 6         (b)  Violations of nurse licensure and other laws

 7  regulating the practice of nursing may result in injury or

 8  harm to the public.

 9         (c)  The expanded mobility of nurses and the use of

10  advanced communication technologies as part of our nation's

11  healthcare delivery system require greater coordination and

12  cooperation among states in the areas of nurse licensure and

13  regulation.

14         (d)  New practice modalities and technology make

15  compliance with individual state nurse licensure laws

16  difficult and complex.

17         (e)  The current system of duplicative licensure for

18  nurses practicing in multiple states is cumbersome and

19  redundant to both nurses and states.

20         (2)  The general purposes of this compact are to:

21         (a)  Facilitate the states' responsibility to protect

22  the public's health and safety.

23         (b)  Ensure and encourage the cooperation of party

24  states in the areas of nurse licensure and regulation.

25         (c)  Facilitate the exchange of information between

26  party states in the areas of nurse regulation, investigation,

27  and adverse actions.

28         (d)  Promote compliance with the laws governing the

29  practice of nursing in each jurisdiction.

30         (e)  Invest all party states with the authority to hold

31  a nurse accountable for meeting all state practice laws in the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  state in which the patient is located at the time care is

 2  rendered through the mutual recognition of party state

 3  licenses.

 4         464.103  Definitions.--As used in this compact:

 5         (1)  "Adverse action" means a home or remote state

 6  action.

 7         (2)  "Alternative program" means a voluntary,

 8  nondisciplinary monitoring program approved by a nurse

 9  licensing board.

10         (3)  "Coordinated licensure information system" means

11  an integrated process for collecting, storing, and sharing

12  information on nurse licensure and enforcement activities

13  related to nurse licensure laws, which is administered by a

14  nonprofit organization composed of and controlled by state

15  nurse licensing boards.

16         (4)  "Current significant investigative information"

17  means investigative information that a licensing board, after

18  a preliminary inquiry that includes notification and an

19  opportunity for the nurse to respond if required by state law,

20  has reason to believe is not groundless and, if proved true,

21  would indicate more than a minor infraction; or investigative

22  information that indicates that the nurse represents an

23  immediate threat to public health and safety regardless of

24  whether the nurse has been notified and has had an opportunity

25  to respond.

26         (5)  "Home state" means the party state that is the

27  nurse's primary state of residence.

28         (6)  "Home state action" means any administrative,

29  civil, equitable, or criminal action permitted by the home

30  state's laws that are imposed on a nurse by the home state's

31  licensing board or other authority, including actions against

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  an individual's license such as revocation, suspension,

 2  probation, or any other action that affects a nurse's

 3  authorization to practice.

 4         (7)  "Licensing board" means a party state's regulatory

 5  body responsible for issuing nurse licenses.

 6         (8)  "Multistate licensure privilege" means current,

 7  official authority from a remote state permitting the practice

 8  of nursing as either a registered nurse or a licensed

 9  practical/vocational nurse in such party state. All party

10  states have the authority, in accordance with existing state

11  due process law, to take actions against the nurse's

12  privilege, such as revocation, suspension, probation, or any

13  other action that affects a nurse's authorization to practice.

14         (9)  "Nurse" means a registered nurse or licensed

15  practical/vocational nurse, as those terms are defined by each

16  party's state practice laws.

17         (10)  "Party state" means any state that has adopted

18  this compact.

19         (11)  "Remote state" means a party state, other than

20  the home state, where the patient is located at the time

21  nursing care is provided or, in the case of the practice of

22  nursing not involving a patient, in such party state where the

23  recipient of nursing practice is located.

24         (12)  "Remote state action" means any administrative,

25  civil, equitable, or criminal action permitted by a remote

26  state's laws that are imposed on a nurse by the remote state's

27  licensing board or other authority, including actions against

28  an individual's multistate licensure privilege to practice in

29  the remote state, cease and desist orders, and other

30  injunctive or equitable orders issued by remote states or the

31  licensing boards thereof.

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (13)  "State" means a state, territory, or possession

 2  of the United States, the District of Columbia, or the

 3  Commonwealth of Puerto Rico.

 4         (14)  "State practice laws" means those individual

 5  party state's laws and regulations that govern the practice of

 6  nursing, define the scope of nursing practice, and create the

 7  methods and grounds for imposing discipline.

 8         (15)  "State practice laws" does not include the

 9  initial qualifications for licensure or requirements necessary

10  to obtain and retain a license, except for qualifications or

11  requirements of the home state.

12         464.104  General provisions and jurisdiction.--

13         (1)  A license to practice registered nursing issued by

14  a home state to a resident in that state shall be recognized

15  by each party state as authorizing a multistate licensure

16  privilege to practice as a registered nurse in such party

17  state. A license to practice licensed practical/vocational

18  nursing issued by a home state to a resident in that state

19  shall be recognized by each party state as authorizing a

20  multistate licensure privilege to practice as a licensed

21  practical/vocational nurse in such party state. In order to

22  obtain or retain a license, an applicant shall meet the home

23  state's qualifications for licensure and license renewal as

24  well as all other applicable state laws.

25         (2)  Party states may, in accordance with state due

26  process laws, limit or revoke the multistate licensure

27  privilege of any nurse to practice in their state and may take

28  any other actions under their applicable state laws necessary

29  to protect the health and safety of their citizens. If a party

30  state takes such action, it shall promptly notify the

31  administrator of the coordinated licensure information system.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  The administrator of the coordinated licensure information

 2  system shall promptly notify the home state of any such

 3  actions by remote states.

 4         (3)  Every nurse practicing in a party state shall

 5  comply with the state practice laws of the state in which the

 6  patient is located at the time care is rendered. In addition,

 7  the practice of nursing is not limited to patient care, but

 8  shall include all nursing practice as defined by the state

 9  practice laws of a party state. The practice of nursing shall

10  subject a nurse to the jurisdiction of the nurse licensing

11  board and the courts, as well as the laws, in that party

12  state.

13         (4)  This compact does not affect additional

14  requirements imposed by states for advanced practice

15  registered nursing. However, a multistate licensure privilege

16  to practice registered nursing granted by a party state shall

17  be recognized by other party states as a license to practice

18  registered nursing if one is required by state law as a

19  precondition for qualifying for advanced practice registered

20  nurse authorization.

21         (5)  Individuals not residing in a party state shall

22  continue to be able to apply for nurse licensure as provided

23  for under the laws of each party state. However, the license

24  granted to these individuals shall not be recognized as

25  granting the privilege to practice nursing in any other party

26  state unless explicitly agreed to by that party state.

27         464.107  Applications for licensure in a party state.--

28         (1)  Upon application for a license, the licensing

29  board in a party state shall ascertain, through the

30  coordinated licensure information system, whether the

31  applicant has ever held, or is the holder of, a license issued

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  by any other state, whether there are any restrictions on the

 2  multistate licensure privilege, and whether any other adverse

 3  action by any state has been taken against the license.

 4         (2)  A nurse in a party state shall hold a license in

 5  only one party state at a time, issued by the home state.

 6         (3)  A nurse who intends to change his or her primary

 7  state of residence may apply for licensure in the new home

 8  state in advance of such change. However, new licenses shall

 9  not be issued by a party state until after a nurse provides

10  evidence of change in primary state of residence satisfactory

11  to the new home state's licensing board.

12         (4)  When a nurse changes primary state of residence

13  by:

14         (a)  Moving between two party states, and obtains a

15  license from the new home state, the license from the former

16  home state is no longer valid.

17         (b)  Moving from a nonparty state to a party state, and

18  obtains a license from the new home state, the individual

19  state license issued by the nonparty state is not affected and

20  shall remain in full force if so provided by the laws of the

21  nonparty state.

22         (c)  Moving from a party state to a nonparty state, the

23  license issued by the prior home state converts to an

24  individual state license, valid only in the former home state,

25  without the multistate licensure privilege to practice in

26  other party states.

27         464.108  Adverse actions.--In addition to the general

28  provisions described in s. 464.104, the following provisions

29  apply:

30         (1)  The licensing board of a remote state shall

31  promptly report to the administrator of the coordinated

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  licensure information system any remote state actions

 2  including the factual and legal basis for such action, if

 3  known. The licensing board of a remote state shall also

 4  promptly report any significant current investigative

 5  information yet to result in a remote state action. The

 6  administrator of the coordinated licensure information system

 7  shall promptly notify the home state of any such reports.

 8         (2)  The licensing board of a party state shall have

 9  the authority to complete any pending investigations for a

10  nurse who changes primary state of residence during the course

11  of such investigations. It shall also have the authority to

12  take appropriate action, and shall promptly report the

13  conclusions of such investigations to the administrator of the

14  coordinated licensure information system. The administrator of

15  the coordinated licensure information system shall promptly

16  notify the new home state of any such action.

17         (3)  A remote state may take adverse action affecting

18  the multistate licensure privilege to practice within that

19  party state. However, only the home state shall have the power

20  to impose adverse action against the license issued by the

21  home state.

22         (4)  For purposes of imposing adverse action, the

23  licensing board of the home state shall give the same priority

24  and effect to reported conduct received from a remote state as

25  it would if such conduct had occurred within the home state.

26  In so doing, it shall apply its own state laws to determine

27  appropriate action.

28         (5)  The home state may take adverse action based on

29  the factual findings of the remote state, so long as each

30  state follows its own procedures for imposing such adverse

31  action.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (6)  Nothing in this compact shall override a party

 2  state's decision that participation in an alternative program

 3  may be used in lieu of licensure action and that such

 4  participation shall remain nonpublic if required by the party

 5  state's laws. Party states shall require nurses who enter any

 6  alternative programs to agree not to practice in any other

 7  party state during the term of the alternative program without

 8  prior authorization from such other party state.

 9         464.109  Additional authorities invested in party state

10  nurse licensing boards.--Notwithstanding any other powers,

11  party state nurse licensing boards shall have the authority

12  to:

13         (1)  If otherwise permitted by state law, recover from

14  the affected nurse the costs of investigations and disposition

15  of cases resulting from any adverse action taken against that

16  nurse.

17         (2)  Issue subpoenas for both hearings and

18  investigations that require the attendance and testimony of

19  witnesses and the production of evidence. Subpoenas issued by

20  a nurse licensing board in a party state for the attendance

21  and testimony of witnesses, and the production of evidence

22  from another party state, shall be enforced in the latter

23  state by any court of competent jurisdiction, according to the

24  practice and procedure of that court applicable to subpoenas

25  issued in proceedings pending before it. The issuing authority

26  shall pay any witness fees, travel expenses, mileage, and

27  other fees required by the service statutes of the state where

28  the witnesses and evidence are located.

29         (3)  Issue cease and desist orders to limit or revoke a

30  nurse's authority to practice in their state.

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (4)  Promulgate uniform rules and regulations as

 2  provided for in s. 464.112(3).

 3         464.110  Coordinated licensure information system.--

 4         (1)  All party states shall participate in a

 5  cooperative effort to create a coordinated database of all

 6  licensed registered nurses and licensed practical/vocational

 7  nurses. This system shall include information on the licensure

 8  and disciplinary history of each nurse, as contributed by

 9  party states, to assist in the coordination of nurse licensure

10  and enforcement efforts.

11         (2)  Notwithstanding any other provision of law, all

12  party states' licensing boards shall promptly report adverse

13  actions, actions against multistate licensure privileges, any

14  current significant investigative information yet to result in

15  adverse action, denials of applications, and the reasons for

16  such denials to the coordinated licensure information system.

17         (3)  Current significant investigative information

18  shall be transmitted through the coordinated licensure

19  information system only to party state licensing boards.

20         (4)  Notwithstanding any other provision of law, all

21  party states' licensing boards contributing information to the

22  coordinated licensure information system may designate

23  information that may not be shared with nonparty states or

24  disclosed to other entities or individuals without the express

25  permission of the contributing state.

26         (5)  Any personally identifying information obtained by

27  a party states' licensing board from the coordinated licensure

28  information system may not be shared with nonparty states or

29  disclosed to other entities or individuals except to the

30  extent permitted by the laws of the party state contributing

31  the information.

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (6)  Any information contributed to the coordinated

 2  licensure information system that is subsequently required to

 3  be expunged by the laws of the party state contributing that

 4  information shall also be expunged from the coordinated

 5  licensure information system.

 6         (7)  The compact administrators, acting jointly with

 7  each other and in consultation with the administrator of the

 8  coordinated licensure information system, shall formulate

 9  necessary and proper procedures for the identification,

10  collection, and exchange of information under this compact.

11         464.112  Compact administration and interchange of

12  information.--

13         (1)  The head of the nurse licensing board, or his or

14  her designee, of each party state shall be the administrator

15  of this compact for his or her state.

16         (2)  The compact administrator of each party state

17  shall furnish to the compact administrator of each other party

18  state any information and documents, including, but not

19  limited to, a uniform data set of investigations, identifying

20  information, licensure data, and disclosable alternative

21  program participation information to facilitate the

22  administration of this compact.

23         (3)  Compact administrators shall have the authority to

24  develop uniform rules to facilitate and coordinate

25  implementation of this compact. These uniform rules shall be

26  adopted by party states, under the authority invested under s.

27  464.109(4).

28         464.113  Immunity.--No party state or the officers or

29  employees or agents of a party state's nurse licensing board

30  who act in accordance with the provisions of this compact

31  shall be liable on account of any act or omission in good

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  faith while engaged in the performance of their duties under

 2  this compact. Good faith in this section shall not include

 3  willful misconduct, gross negligence, or recklessness.

 4         464.114  Entry into force, withdrawal, and amendment.--

 5         (1)  This compact shall enter into force and become

 6  effective as to any state when it has been enacted into the

 7  laws of that state. Any party state may withdraw from this

 8  compact by enacting a statute repealing the same, but no such

 9  withdrawal shall take effect until 6 months after the

10  withdrawing state has given notice of the withdrawal to the

11  executive heads of all other party states.

12         (2)  No withdrawal shall affect the validity or

13  applicability by the licensing boards of states remaining

14  party to the compact of any report of adverse action occurring

15  prior to the withdrawal.

16         (3)  Nothing contained in this compact shall be

17  construed to invalidate or prevent any nurse licensure

18  agreement or other cooperative arrangement between a party

19  state and a nonparty state that is made in accordance with the

20  other provisions of this compact.

21         (4)  This compact may be amended by the party states.

22  No amendment to this compact shall become effective and

23  binding upon the party states unless and until it is enacted

24  into the laws of all party states.

25         464.115  Construction and severability.--

26         (1)  This compact shall be liberally construed so as to

27  effectuate the purposes thereof. The provisions of this

28  compact shall be severable, and if any phrase, clause,

29  sentence, or provision of this compact is declared to be

30  contrary to the constitution of any party state or of the

31  United States or the applicability thereof to any government,

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  agency, person, or circumstance is held invalid, the validity

 2  of the remainder of this compact and the applicability thereof

 3  to any government, agency, person, or circumstance shall not

 4  be affected thereby. If this compact shall be held contrary to

 5  the constitution of any state party thereto, the compact shall

 6  remain in full force and effect as to the remaining party

 7  states and in full force and effect as to the party state

 8  affected as to all severable matters.

 9         (2)  In the event party states find a need for settling

10  disputes arising under this compact:

11         (a)  The party states may submit the issues in dispute

12  to an arbitration panel which shall be comprised of an

13  individual appointed by the compact administrator in the home

14  state; an individual appointed by the compact administrator in

15  the remote state or states involved; and an individual

16  mutually agreed upon by the compact administrators of all the

17  party states involved in the dispute.

18         (b)  The decision of a majority of the arbitrators

19  shall be final and binding.

20         464.116  Implementation date of entry into the

21  compact.--The board shall set an implementation date for ss.

22  464.110-464.116 that is not later than October 1, 2006.

23         Section 2.  Subsection (8) is added to section 464.003,

24  Florida Statutes, to read:

25         464.003  Definitions.--As used in this part:

26         (8)  "Nurse Licensure Compact" or "compact" means the

27  provisions of the multistate Nurse Licensure Compact contained

28  in ss. 464.100-464.116.

29         Section 3.  Subsection (1) of section 464.012, Florida

30  Statutes, is amended to read:

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         464.012  Certification of advanced registered nurse

 2  practitioners; fees.--

 3         (1)  Any nurse desiring to be certified as an advanced

 4  registered nurse practitioner shall apply to the department

 5  and submit proof that he or she holds a current license to

 6  practice professional nursing in this state or has a

 7  multistate licensure privilege to practice professional

 8  nursing in a state that is a member of the Nurse Licensure

 9  Compact and that he or she meets one or more of the following

10  requirements as determined by the board:

11         (a)  Satisfactory completion of a formal postbasic

12  educational program of at least one academic year, the primary

13  purpose of which is to prepare nurses for advanced or

14  specialized practice.

15         (b)  Certification by an appropriate specialty board.

16  Such certification shall be required for initial state

17  certification and any recertification as a registered nurse

18  anesthetist or nurse midwife. The board may by rule provide

19  for provisional state certification of graduate nurse

20  anesthetists and nurse midwives for a period of time

21  determined to be appropriate for preparing for and passing the

22  national certification examination.

23         (c)  Graduation from a program leading to a master's

24  degree in a nursing clinical specialty area with preparation

25  in specialized practitioner skills. For applicants graduating

26  on or after October 1, 1998, graduation from a master's degree

27  program shall be required for initial certification as a nurse

28  practitioner under paragraph (4)(c). For applicants graduating

29  on or after October 1, 2001, graduation from a master's degree

30  program shall be required for initial certification as a

31  registered nurse anesthetist under paragraph (4)(a).

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         Section 4.  Subsection (4) is added to section

 2  464.0195, Florida Statutes, to read:

 3         464.0195  Florida Center for Nursing; goals.--

 4         (4)  The Board of Nursing shall by rule establish

 5  requirements for submission of employment data, education, and

 6  other workforce information that may be required at initial

 7  licensure and at renewal. The board may provide a form to

 8  employers to collect data on the employment of nurses

 9  practicing nursing in the state on a compact state license.

10  The board may provide such workforce information to the

11  Florida Center for Nursing to assist the center in achieving

12  the goals specified in this section.

13         Section 5.  Subsection (3) is added section 464.014,

14  Florida Statutes, to read:

15         464.014  Inactive status.--

16         (3)  A registered nurse or a licensed practical nurse

17  who has retired from the practice of nursing may request and

18  be granted by the board retired nurse status, provided the

19  nurse holds a current unencumbered license to practice nursing

20  in the state and is not currently the subject of an

21  investigation by the department for possible violation of the

22  provisions of part I of chapter 464.

23         (a)  The scope of practice for a retired nurse shall be

24  limited to primary and preventive health care, or as further

25  defined by board rule.

26         (b)  While remaining on retired status, the nurse shall

27  not be subject to payment of the license renewal fee.

28         (c)  The nurse may use the title "Retired Registered

29  Nurse" or "Retired Licensed Practical Nurse" once issued

30  retired status.

31  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         (d)  A nurse whose licensure status is retired and who

 2  desires to resume the practice of nursing shall apply for

 3  reinstatement of a license to practice nursing and meet the

 4  same reinstatement requirements for a nurse on inactive status

 5  as set forth in (1) and (2).

 6         Section 6.  Subsections (1), (2), and (6) of section

 7  464.015, Florida Statutes, are amended to read:

 8         464.015  Titles and abbreviations; restrictions;

 9  penalty.--

10         (1)  Only persons who hold licenses to practice

11  professional nursing in this state or who are performing

12  nursing services pursuant to the exception set forth in s.

13  464.022(8), (14), or (15), shall have the right to use the

14  title "Registered Nurse" and the abbreviation "R.N."

15         (2)  Only persons who hold licenses to practice as

16  licensed practical nurses in this state or who are performing

17  practical nursing services pursuant to the exception set forth

18  in s. 464.022(8), (14), or (15), shall have the right to use

19  the title "Licensed Practical Nurse" and the abbreviation

20  "L.P.N."

21         (6)  No person shall practice or advertise as, or

22  assume the title of, registered nurse, licensed practical

23  nurse, or advanced registered nurse practitioner or use the

24  abbreviation "R.N.," "L.P.N.," or "A.R.N.P." or take any other

25  action that would lead the public to believe that person was

26  certified as such or is performing nursing services pursuant

27  to the exception set forth in s. 464.022(8), (14), or (15),

28  unless that person is licensed or certified to practice as

29  such.

30         Section 7.  Subsections (14) and (15) are added to

31  section 464.022, Florida Statutes, to read:

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1         464.022  Exceptions.--No provision of this part shall

 2  be construed to prohibit:

 3         (14)  The practice of nursing under the laws of this

 4  state by an individual who is licensed in a state that is a

 5  member of the Nurse Licensure Compact as defined in ss.

 6  464.100-464.116 of this chapter and who has been authorized

 7  for multistate licensure privilege to practice nursing under

 8  ss. 464.100-464.116.

 9         (15)  An applicant for licensure by examination who has

10  passed the licensing examination and who otherwise has met all

11  requirements in s. 464.008 but who does not have a social

12  security number at the time of application from performing

13  nursing services in this state for a period of one year with a

14  temporary license issued by the board. The board may extend

15  this time for administrative purposes when necessary.

16         Section 8.  Subsection (6) is added to section 464.201,

17  Florida Statutes, to read:

18         464.201  Definitions.--As used in this part, the term:

19         (6)  "Practice of a certified nursing assistant" means

20  providing care and assisting persons with tasks relating to

21  the activities of daily living. Such tasks are those

22  associated with personal care, maintaining mobility, nutrition

23  and hydration, toileting and elimination, assistive devices,

24  safety and cleanliness, data gathering, reporting abnormal

25  signs and symptoms, postmortem care, patient socialization and

26  reality orientation, end-of-life care, CPR and emergency care,

27  residents' or patients' rights, documentation of nursing

28  assistant services, and other tasks that a certified nurse

29  assistant may perform after training beyond that required for

30  initial certification and upon validation of competence in

31  that skill by a registered nurse. This subsection shall not

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  restrict the ability of any person who is otherwise trained

 2  and educated from performing such tasks.

 3         Section 9.  Section 464.202, Florida Statutes, is

 4  amended to read:

 5         464.202  Duties and powers of the board.--The board

 6  shall maintain, or contract with or approve another entity to

 7  maintain, a state registry of certified nursing assistants.

 8  The registry must consist of the name of each certified

 9  nursing assistant in this state; other identifying information

10  defined by board rule; certification status; the effective

11  date of certification; other information required by state or

12  federal law; information regarding any crime or any abuse,

13  neglect, or exploitation as provided under chapter 435; and

14  any disciplinary action taken against the certified nursing

15  assistant. The registry shall be accessible to the public, the

16  certificateholder, employers, and other state agencies. The

17  board shall adopt by rule testing procedures for use in

18  certifying nursing assistants and shall adopt rules regulating

19  the practice of certified nursing assistants that specify the

20  scope of practice authorized and level of supervision required

21  for the practice of certified nursing assistants to enforce

22  this part. The board may contract with or approve another

23  entity or organization to provide the examination services,

24  including the development and administration of examinations.

25  The board shall require that the contract provider offer

26  certified nursing assistant applications via the Internet, and

27  may require the contract provider to accept certified nursing

28  assistant applications for processing via the Internet. The

29  board shall require the contract provider to provide the

30  preliminary results of the certified nursing examination on

31  the date the test is administered. The provider shall pay all

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2005                                  SB 2210
    37-1421-05                                              See HB




 1  reasonable costs and expenses incurred by the board in

 2  evaluating the provider's application and performance during

 3  the delivery of services, including examination services and

 4  procedures for maintaining the certified nursing assistant

 5  registry.

 6         Section 10.  Paragraph (b) of subsection (1) of section

 7  464.204, Florida Statutes, is amended to read:

 8         464.204  Denial, suspension, or revocation of

 9  certification; disciplinary actions.--

10         (1)  The following acts constitute grounds for which

11  the board may impose disciplinary sanctions as specified in

12  subsection (2):

13         (b)  Intentionally Violating any provision of this

14  chapter, chapter 456, or the rules adopted by the board.

15         Section 11.  This act shall take effect July 1, 2005.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.