GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION LAW 2001-98
AN ACT TO AMEND THE LAWS RELATING TO THE PRACTICE OF NURSING.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90-171.20 reads as rewritten:
As used in this Article, unless the context requires otherwise:
(1) "Board" means the North Carolina Board of Nursing.
(2) "Health care
provider" means any licensed health care professional and any agent or
employee of any health care institution, health care insurer, health care
professional school, or a member of any allied health profession. For purposes
of this Article, a person enrolled in a program to prepare himthat
prepares the person to be a licensed health care professional or an allied
health professional shall be deemed a health care provider.
(3) "License" means a permit issued by the Board to practice nursing as a registered nurse or as a licensed practical nurse, including a renewal thereof.
(4) "Nursing" is
a dynamic discipline which includes the assessing, caring, counseling,
teaching, referring and implementing of prescribed treatment in the maintenance
of health, prevention and management of illness, injury, disability or the
achievement of a dignified death. It is ministering to; assisting; and
sustained, vigilant, and continuous care of those acutely or chronically ill;
supervising patients during convalescence and rehabilitation; the supportive
and restorative care given to maintain the optimum health level of individuals
individuals, groups, and communities; the supervision, teaching, and
evaluation of those who perform or are preparing to perform these functions;
and the administration of nursing programs and nursing services.
(5) "Nursing program" means any educational program in North Carolina offering to prepare persons to meet the educational requirements for licensure under this Article.
(6) "Person" means an individual, corporation, partnership, association, unit of government, or other legal entity.
(7) The "practice of
nursing by a registered nurse" consists of the following nine 10
components:
a. Assessing
the patient's physical and mental health, including the patient's reaction to
illnesses and treatment regimens;regimens.
b. Recording
and reporting the results of the nursing assessment;assessment.
c. Planning,
initiating, delivering, and evaluating appropriate nursing acts;acts.
d. Teaching, assigning,
delegating to or supervising other personnel in implementing the treatment regimen;regimen.
e.
Collaborating with other health care providers in determining the appropriate
health care for a patient but, subject to the provisions of G.S. 90-18.2, not
prescribing a medical treatment regimen or making a medical diagnosis, except
under supervision of a licensed physician;physician.
f.
Implementing the treatment and pharmaceutical regimen prescribed by any person
authorized by State law to prescribe such a regimen;the regimen.
g. Providing
teaching and counseling about the patient's health care;health.
h. Reporting
and recording the plan for care, nursing care given, and the patient's response
to that care; andcare.
i. Supervising, teaching, and evaluating those who perform or are preparing to perform nursing functions and administering nursing programs and nursing services.
j. Providing for the maintenance of safe and effective nursing care, whether rendered directly or indirectly.
(8) The "practice of
nursing by a licensed practical nurse" consists of the following five seven
components:
a.
Participating in assessing the patient'sthe assessment of the
patient's physical and mental health health, including the
patient's reaction to illnesses and treatment regimens;regimens.
b. Recording
and reporting the results of the nursing assessment;assessment.
c.
Participating in implementing the health care plan developed by the registered
nurse and/or prescribed by any person authorized by State law to prescribe such
a plan, by performing tasks assigned or delegated by and performed under
the supervision or under orders or directions of a registered nurse, physician
licensed to practice medicine, dentist, or other person authorized by State law
to provide such supervision;the supervision.
c1. Assigning or delegating nursing interventions to other qualified personnel under the supervision of the registered nurse.
d. ReinforcingParticipating
in the teaching and counseling of patients as assigned by a
registered nurse, physician physician, or other qualified
professional licensed to practice medicine in North Carolina, or
dentist; andCarolina.
e. Reporting and recording the nursing care rendered and the patient's response to that care.
f. Maintaining safe and effective nursing care, whether rendered directly or indirectly."
SECTION 2. G.S. 90-171.21(d) reads as rewritten:
"(d) Qualifications. -
Three of the registered nurse members shall hold positions with primary
responsibility in nursing education and shall hold baccalaureate or advanced
degrees. Six shall hold positions with primary responsibility in providing
nursing care to patients. Of the six registered nurse members with primary
responsibility in providing nursing care to patients, two shall be employed by
a hospital and at least one shall be a hospital nursing service director; one
shall be employed by a physician licensed to practice medicine in North
Carolina and engaged in the private practice of medicine; one shall be employed
by a skilled or intermediate care facility; one shall be a registered nurse,
approved to perform medical acts;either a nurse practitioner, nurse
anesthetist, nurse midwife, or clinical nurse specialist; and one shall be
a community health nurse. If no nurse is nominated in one of the categories,
the position shall be an at-large registered nursing position.
(1) All registered nurse members shall meet the following criteria:
a. Hold a
current license to practice as a registered nurse in North Carolina;Carolina.
b. Have at
least five years' experience in nursing practice, nursing administration,
and/or nursing education; andeducation.
c. Have been engaged in nursing practice, nursing administration, or nursing education for at least three years immediately preceding election.
(2) Licensed practical nurse members shall meet the following criteria:
a. Hold a
current license to practice as a licensed practical nurse in North Carolina;Carolina.
b. Be a
graduate of a board-approved program for the preparation of practical nurses;nurses.
c. Have at
least five years' experience as a licensed practical nurse; andnurse.
d. Have been engaged in practical nursing for at least three years immediately preceding election.
(3) A public member shall not be a health care provider nor the spouse of a health care provider. Public members shall reasonably represent the population of the State.
(4) The nurse practitioner, nurse anesthetist, nurse midwife, or clinical nurse specialist member shall be recognized by the Board as a registered nurse who meets the following criteria:
a. Has graduated from or completed a graduate level advanced practice nursing education program accredited by a national accrediting body.
b. Maintains current certification or recertification from a national credentialing body approved by the Board or meets other requirements established by rules adopted by the Board.
c. Practices in a manner consistent with rules adopted by the Board and other applicable law."
SECTION 3. G.S. 90-171.23(b) reads as rewritten:
"(b) Duties, powers. The Board is empowered to:
(1) Administer this Article;Article.
(2) Issue its
interpretations of this Article;Article.
(3) Adopt, amend or repeal
rules and regulations as may be necessary to carry out the provisions of this Article;Article.
(4) Establish qualifications
of, employ, and set the compensation of an executive officer who shall be a
registered nurse and who shall not be a member of the Board;Board.
(5) Employ and fix the
compensation of other personnel that the Board determines are necessary to carry
into effect this Article and incur other expenses necessary to effectuate this Article;Article.
(6) Examine, license, and
renew the licenses of duly qualified applicants for licensure;licensure.
(7) Cause the prosecution
of all persons violating this Article;Article.
(8) Prescribe standards to
be met by the students, and to pertain to faculty, curricula, facilities,
resources, and administration for any nursing program as provided in G.S.
90-171.38;G.S. 90-171.38.
(9) Survey all nursing
programs at least every five years or more often as deemed necessary by the
Board or program director;director.
(10) Grant or deny approval for
nursing programs as provided in G.S. 90-171.39;G.S. 90-171.39.
(11) Upon request, grant or deny approval
of continuing education programs for nurses as provided in G.S. 90-171.42;G.S.
90-171.42.
(12) Keep a record of all proceedings
and make available to the Governor and licensees an annual summary of all
actions taken;taken.
(13) Appoint, as necessary, advisory
committees which may include persons other than Board members to deal with any
issue under study;study.
(14) Appoint and maintain a
subcommittee of the Board to work jointly with the subcommittee of the North
Carolina Medical Board to develop rules and regulations to govern the
performance of medical acts by registered nurses and to determine reasonable
fees to accompany an application for approval or renewal of such approval as
provided in G.S. 90-6. The fees and rules developed by this subcommittee shall
govern the performance of medical acts by registered nurses and shall become
effective when they have been adopted by both Boards;Boards.
(15) Recommend and collect such fees
for licensure, license renewal, examinations and reexaminations as it deems
necessary for fulfilling the purposes of this Article; andArticle.
(16) Adopt a seal containing the name of the Board for use on all certificates, licenses, and official reports issued by it.
(17) Enter into interstate compacts to facilitate the practice and regulation of nursing.
(18) Establish programs for aiding in the recovery and rehabilitation of nurses who experience chemical addiction or abuse or mental or physical disabilities and programs for monitoring such nurses for safe practice."
SECTION 4. G.S. 90-171.37 reads as rewritten:
"§ 90-171.37. Revocation, discipline, suspension, probation, or denial of licensure.
The Board shall initiate an investigation upon receipt of
information about any practice that might violate any provision of this Article
or any rule or regulation promulgated by the Board. In accordance with the
provisions of Chapter 150B of the General Statutes, the Board may require
remedial education, issue a letter of reprimand, restrict, revoke, or suspend
any license to practice nursing in North Carolina or deny any application for
licensure if the Board determines that the nurse or applicant:the Board shall have the power and authority to: (i) refuse
to issue a license to practice nursing; (ii) refuse to issue a certificate of
renewal of a license to practice nursing; (iii) revoke or suspend a license to
practice nursing; and (iv) invoke other such disciplinary measures, censure, or
probative terms against a licensee as it deems fit and proper; in any instance
or instances in which the Board is satisfied that the applicant or licensee:
(1) Has given false
information or has withheld material information from the Board in procuring or
attempting to procure a license to practice nursing;nursing.
(2) Has been convicted of
or pleaded guilty or nolo contendere to any crime which indicates that the
nurse is unfit or incompetent to practice nursing or that the nurse has deceived
or defrauded the public;public.
(3) Has a mental or
physical disability or uses any drug to a degree that interferes with his or
her fitness to practice nursing;nursing.
(4) Engages in conduct
that endangers the public health;health.
(5) Is unfit or
incompetent to practice nursing by reason of deliberate or negligent acts or
omissions regardless of whether actual injury to the patient is established;established.
(6) Engages in conduct
that deceives, defrauds, or harms the public in the course of professional
activities or services;services.
(7) Has violated any
provision of this Article; orArticle.
(8) Has willfully violated any rules enacted by the Board.
The Board may take any of the actions specified above in this section when a registered nurse approved to perform medical acts has violated rules governing the performance of medical acts by a registered nurse; provided this shall not interfere with the authority of the North Carolina Medical Board to enforce rules and regulations governing the performance of medical acts by a registered nurse.
The Board may reinstate a revoked license license,
revoke censure or probative terms, or remove other licensure
restrictions when it finds that the reasons for revocation revocation,
censure or probative terms, or restriction other licensure
restrictions no longer exist and that the nurse or applicant can reasonably
be expected to safely and properly practice nursing."
SECTION 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of May, 2001.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:46 p.m. this 18th day of May, 2001