43-12.1 Nurse Practices Act - North Dakota Statutes

Download pdf

Loading PDF...

CHAPTER 43-12.1NURSE PRACTICES ACT43-12.1-01. Scope. The practice of nursing is continually evolving and responding tochanges within health care patterns and systems. There are overlapping functions within the
practice of nursing and other providers of health care.43-12.1-02. Definitions. In this chapter, unless the context otherwise requires:1."Advanced practice registered nurse" means an individual who holds a current
license to practice in this state as an advanced practice registered nurse.2."Board" means the North Dakota board of nursing.3."Licensed practical nurse" means an individual who holds a current license to
practice in this state as a licensed practical nurse.4."Nurse" means an individual who is currently licensed as an advanced practice
registered nurse, registered nurse, or licensed practical nurse.5."Nursing" means the performance of acts utilizing specialized knowledge, skills, and
abilities for people in a variety of settings. The term includes the following acts,
which may not be deemed to include acts of medical diagnosis or treatment or the
practice of medicine as defined in chapter 43-17:a.The maintenance of health and prevention of illness.b.Diagnosing human responses to actual or potential health problems.c.Providing supportive and restorative care and nursing treatment, medication
administration, health counseling and teaching, case finding and referral of
individuals who are ill, injured, or experiencing changes in the normal health
processes.d.Administration, teaching, supervision, delegation, and evaluation of health and
nursing practices.e.Collaboration with other health care professionals in the implementation of the
total health care regimen and execution of the health care regimen prescribed
by a health care practitioner licensed under the laws of this state.6."Prescriptive practices" means assessing the need for drugs, immunizing agents, or
devices and writing a prescription to be filled by a licensed pharmacist.7."Registered nurse" means an individual who holds a current license to practice in
this state as a registered nurse.8."Specialty practice registered nurse" means an individual who holds a current
license to practice in this state as a specialty practice registered nurse.9."Unlicensed assistive person" means an assistant to the nurse who regardless of
title is authorized by the board to perform nursing interventions delegated and
supervised by a nurse.43-12.1-03. License required - Title - Abbreviation. Any person who provides nursingcare to a resident of this state must hold a current license or registration issued by the board. It
is unlawful for a person to practice nursing, offer to practice nursing, assist in the practice of
nursing, or use any title, abbreviation, or designation to indicate that the person is practicingPage No. 1nursing or assisting in the practice of nursing in this state unless that person is currently licensed
or registered under this chapter. A currently licensed advanced practice registered nurse or
specialty practice registered nurse may use titles approved by the board; a currently licensed
registered nurse may use the abbreviation "R.N."; a currently licensed practical nurse may use
the abbreviation "L.P.N."; and an unlicensed assistive person with current registration may use
the title identified by the employer. A person may not use the title "nurse" or be referred to as a
"nurse" unless licensed by the board.43-12.1-04. Persons exempt from provisions of chapter. This chapter does not applyto a person that is not licensed or registered under this chapter and is:1.A person that performs nursing interventions in cases of emergency or disaster.2.A student practicing nursing as a part of an in-state nursing education program.3.A licensed nurse of another state who is in good standing and who is employed in
this state by the United States government or any of its bureaus, divisions, or
agencies.4.A nurse licensed by another state or Canada, whose employment requires the nurse
to accompany and care for a patient in transit for health care.5.A nurse licensed by another state whose employment by a resident of that state
requires the nurse to accompany and care for the resident in North Dakota.6.An individual who performs nursing tasks for a family member.7.A person that renders assistance pursuant to chapter 23-27.8.A person licensed or registered under another chapter of this title and carrying out
the therapy or practice for which the person is licensed or registered.9.A person that provides medications, other than by the parenteral route:a.Within a correctional facility, in compliance with section 12-44.1-29;b.Within a psychiatric residential treatment facility for children licensed under
chapter 25-03.2 and North Dakota Administrative Code chapter 75-03-17;c.Within a treatment or care center for developmentally disabled persons
licensed under chapter 25-16;d.Within a group home, a residential child care facility, or an adult foster care
facility licensed under section 50-11-01 or North Dakota Administrative Code
chapter 75-03-16;e.Within the developmental center at westwood park, Grafton, to the extent the
individual who provides medications is a direct training technician or a
vocational training technician as approved by the department of human
services; orf.Within a human service center licensed under chapter 50-06.10.A nurse currently licensed to practice nursing by another jurisdiction:a.Whose practice in another state requires that nurse to attend orientation,
meetings, or continuing education in North Dakota;b.Who serves as a guest lecturer or short-term consultant; orPage No. 2c.Who provides evaluation undertaken on behalf of an accrediting organization.11.An individual, including a feeding assistant, performing nonhands-on tasks while
employed in a medicare-funded organization.12.Upon written notification to the board by an out-of-state nursing program, a student
practicing nursing as a part of a nursing education program preparing for initial or
advanced licensure as a registered nurse or licensed practical nurse which is
approved by a board of nursing and is located in an institution of higher education
that offers transferable credit.43-12.1-05. Board of nursing - Composition - Term of office. There is a state boardof nursing whose members must be appointed by the governor which must consist of five
registered nurses, three licensed practical nurses, and one public member. Each board member
must be appointed for a term of four years. No appointee may be appointed for more than two
consecutive terms. An appointment for an unexpired term of more than eighteen months will
constitute a full term. Terms of nurse board members must be evenly distributed to allow two
licensed nurse board members to be appointed or reappointed each year.43-12.1-06. Qualifications of board members.1.Each registered nurse must be an eligible voting resident of this state, possess an
unencumbered registered nurse license under this chapter, and be currently
engaged in practice as a registered nurse. A majority of the members under this
subsection must be actively engaged in practice in a nurse-patient setting.2.Each licensed practical nurse must be an eligible voting resident of this state,
possess an unencumbered practical nurse license under this chapter, and be
currently engaged in practice as a licensed practical nurse.A majority of themembers under this subsection must be actively engaged in practice in a
nurse-patient setting.3.Each public member must be an eligible voting resident of this state and have no
employment, professional license, or financial interest with any health care entity.4.Each member appointed to the board shall maintain the qualifications for
appointment for the duration of the appointment. The governor may remove any
member of the board for cause upon recommendation of two-thirds of the members
of the board.43-12.1-07. Compensation of board members. A member of the board is entitled toreceive compensation in an amount fixed by the board for each day or portion of a day the
member is actually engaged in the performance of official duties and such mileage
reimbursement as is provided for in section 54-06-09. In addition, the member is entitled to
reimbursement for actual and necessary expenses in the amounts provided by law for state
officers in section 44-08-04. All funds collected or received by the board must be deposited and
disbursed in accordance with section 54-44-12.43-12.1-08. Duties of the board.1.The board shall regulate the practice of nursing.Regulation of the practice ofnursing must ensure that a person may not practice or offer to practice nursing or
use titles of advanced practice registered nurse, specialty practice registered nurse,
registered nurse, licensed practical nurse, or unlicensed assistive person, or titles of
a similar nature which denote the practice of nursing to the general public unless
licensed or registered as provided in this chapter.2.The board shall:Page No. 3a.Enforce this chapter.b.Adopt rules necessary to administer this chapter after collaborating and
consulting with North Dakota nursing associations and other affected parties.c.Appoint and employ a registered nurse to serve as executive director and
approve any additional staff positions necessary to administer this chapter.d.Establish fees and receive all moneys collected under this chapter and
authorize all expenditures necessary to conduct the business of the board. Any
balance of fees after payment of expenditures must be used to administer this
chapter.e.Collect and analyze data regarding nursing education, nursing practice, and
nursing resources.f.Issue and renew limited licenses or registrations to individuals requiring
accommodation to practice nursing or assist in the practice of nursing.g.Establish confidential programs for the rehabilitation of nurses with workplace
impairments.h.Establish a nursing student loan program funded by license fees to encourage
individuals to enter and advance in the nursing profession.i.Establish a registry of individuals licensed or registered by the board.j.Report annually to the governor and nursing profession regarding the regulation
of nursing in the state.k.Conduct and support projects pertaining to nursing education and practice.l.Notify the board of pharmacy on an annual basis, or more frequent basis if
necessary, of advanced practice registered nurses authorized to write
prescriptions.m.Adopt rules to allow nurses licensed by another state to receive short-term
clinical education in North Dakota health care facilities.43-12.1-08.1. Prescriptive practices for registered nurses with advanced licenses.Repealed by S.L. 1995, ch. 403,