 |
 |
| Additional Executive Departments | | Agriculture And Animals | | Alcoholic Beverages | | Business And Financial Institutions | | Cities, Towns And Villages | | Civil Procedure And Limitations | | Codes And Standards | | Conduct Of Public Business | | Conservation, Resources And Development | | Contracts And Contractual Relations | | Corporations, Associations And Partnerships | | Correctional And Penal Institutions | | County, Township And Political Subdivision Government | | Courts | | Crimes And Punishment; Peace Officers And Public Defenders | | Criminal Procedure | | Debtor-creditor Relations | | Domestic Relations | | Education And Libraries | | Evidence And Legal Advertisements | | Executive Branch | | Incorporation And Regulation Of Certain Utilities And Carriers | | Juries | | Labor And Industrial Relations | | Lands, Levees, Drainage, Sewers And Public Water Supply | | Laws And Statutes | | Legislative Branch | | Military Affairs And Police | | Motor Vehicles, Watercraft And Aviation | | Occupations And Professions | | Ownership And Conveyance Of Property | | Public Health And Welfare | | Public Officers And Employees, Bonds And Records | | Public Safety And Morals | | Roads And Waterways | | Sovereignty, Jurisdiction And Emblems | | Statutory Actions And Torts | | Suffrage And Elections | | Taxation And Revenue | | Trade And Commerce | | Trusts And Estates Of Decedents And Persons Under Disability |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Missouri |
|
USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 335 Nurses
|
|
Sections 335.011 to 335.096 may be known as "The Nursing
Practice Act". (L. 1975 S.B. 108 § 1)
Effective 1-21-76
As used in this chapter, unless the context clearly requires
otherwise, the following words and terms mean:
(1) "Accredited", the official authorization or status granted by an
agency for a program through a voluntary process;
(2) "Advanced practice nurse", a nurse who has had education beyond the
basic nursing education and is certified by a nationally recognized
professional organization as having a nursing specialty, or who meets
criteria for advanced practice nurses established by the board of
nursing. The board of nursing may promulgate rules specifying which
professional nursing organization certifications are to be recognized as
advanced practice nurses, and may set standards for education, training
and experience required for those without such specialty certification to
become advanced practice nurses. Advanced practice nurses and only such
individuals may use the title "Advanced Practice Registered Nurse" and
the abbreviation "APRN";
(3) "Approval", official recognition of nursing education programs which
meet standards established by the board of nursing;
(4) "Board" or "state board", the state board of nursing;
(5) "Executive director", a qualified individual employed by the board as
executive secretary or otherwise to administer the provisions of this
chapter under the board's direction. Such person employed as executive
director shall not be a member of the board;
(6) "Inactive nurse", as defined by rule pursuant to section 335.061;
(7) A "licensed practical nurse" or "practical nurse", a person licensed
pursuant to the provisions of this chapter to engage in the practice of
practical nursing;
(8) "Licensure", the issuing of a license to practice professional or
practical nursing to candidates who have met the specified requirements
and the recording of the names of those persons as holders of a license
to practice professional or practical nursing;
(9) "Practical nursing", the performance for compensation of selected
acts for the promotion of health and in the care of persons who are ill,
injured, or experiencing alterations in normal health processes. Such
performance requires substantial specialized skill, judgment and
knowledge. All such nursing care shall be given under the direction of a
person licensed by a state regulatory board to prescribe medications and
treatments or under the direction of a registered professional nurse. For
the purposes of this chapter, the term "direction" shall mean guidance or
supervision provided by a person licensed by a state regulatory board to
prescribe medications and treatments or a registered professional nurse,
including, but not limited to, oral, written, or otherwise communicated
orders or directives for patient care. When practical nursing care is
delivered pursuant to the direction of a person licensed by a state
regulatory board to prescribe medications and treatments or under the
direction of a registered professional nurse, such care may be delivered
by a licensed practical nurse without direct physical oversight;
(10) "Professional nursing", the performance for compensation of any act
which requires substantial specialized education, judgment and skill
based on knowledge and application of principles derived from the
biological, physical, social and nursing sciences, including, but not
limited to:
(a) Responsibility for the teaching of health care and the prevention of
illness to the patient and his or her family;
(b) Assessment, nursing diagnosis, nursing care, and counsel of persons
who are ill, injured or experiencing alterations in normal health
processes;
(c) The administration of medications and treatments as prescribed by a
person licensed by a state regulatory board to prescribe medications and
treatments;
(d) The coordination and assistance in the delivery of a plan of health
care with all members of a health team;
(e) The teaching and supervision of other persons in the performance of
any of the foregoing;
(11) A "registered professional nurse" or "registered nurse", a person
licensed pursuant to the provisions of this chapter to engage in the
practice of professional nursing. (L. 1975 S.B. 108 § 2, A.L. 1993 H.B.
564, A.L. 1995 S.B. 452, A.L. 1999 H.B. 343, A.L. 2002 H.B. 1600, A.L.
2004 S.B. 1122)
(1993) It is the public policy of Missouri that registered nurses
licensed in this state have an obligation to faithfully serve the best
interests of their patients. The Nurses Practices Act and regulations
thereunder set forth a clear mandate of public policy that a nurse not
"stay out" of a dying patient's improper treatment. Grant of summary
judgment based on finding that there was no public-policy exception to
employment-at-will doctrine was not proper. Kirk v. Mercy Hospital
Tri-County, 851 S.W.2d 617 (Mo. App. S.D.).
One of the selected acts which may be performed by persons
licensed under the provisions of this chapter as licensed practical
nurses is the administration of intravenous fluid treatment. The
administration of intravenous fluid treatment may be performed only by
licensed practical nurses who have been instructed and trained in such
procedures in a course of instruction approved by the board. The board
shall have the authority to adopt and revise rules and regulations which
limit and define the scope of intravenous fluid treatment which may be
performed by licensed practical nurses. Nothing herein shall be construed
as prohibiting administration of intravenous fluid treatment by
registered professional nurses. The board shall submit emergency rules to
the secretary of state to implement the provisions of this section within
thirty days of December 15, 1983, and the board shall act promptly on
applications of organizations requesting approval of their course of
instruction. (L. 1983 1st Ex. Sess. H.B. 8)
Effective 12-15-83
1. "The Missouri State Board of Nursing" shall consist of nine
members, five of whom must be registered professional nurses. Two members
of the board must be licensed practical nurses and one member a voting
public member. Two of the five registered professional nurses shall hold
a graduate degree in nursing, and at least one of the professional nurse
members shall represent nursing practice. Any person, other than the
public member, appointed to the board as hereinafter provided shall be a
citizen of the United States and a resident of this state for a period of
at least one year, a licensed nurse in this state, and shall have been
actively engaged in nursing for at least three years immediately
preceding the appointment or reappointment. Membership on the board shall
include representatives with expertise in each level of educational
programs the graduates of which are eligible to apply for licensure such
as practical, diploma, associate degree, and baccalaureate.
2. The governor shall appoint members to the board by and with the advice
and consent of the senate when a vacancy thereon occurs either by the
expiration of a term or otherwise; provided, however, that any board
member shall serve until his or her successor is appointed and qualified.
Every appointment except to fulfill an unexpired term shall be for a term
of four years, but no person shall be appointed to more than two
consecutive terms.
3. At least ninety days before the expiration of a term of a board
member, and as soon as feasible after the occurrence of a vacancy on the
board for reasons other than the expiration of a term, a list of three
licensed and qualified nurses shall be submitted to the director of the
division of professional registration. The list shall be submitted by the
Missouri Nurses Association if the vacancy is for a registered
professional nurse, and by the Missouri State Association of Licensed
Practical Nurses if the vacancy is for a licensed practical nurse. The
governor may appoint a board member to fill the vacancy from the list
submitted, or may appoint some other qualified licensed nurse. This
subsection shall not apply to public member vacancies.
4. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to this chapter
or the spouse of such person; and a person who does not have and never
has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of
professional registration. The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure. (L. 1975 S.B. 108 § 3, A.L. 1981 S.B. 16, A.L.
1988 H.B. 1573, A.L. 1999 H.B. 343)
CROSS REFERENCE: Public member, additional duties, RSMo 620.132
1. Before entering upon their duties, members of the board shall
make and file with the secretary of state the oath of office required by
article VII, section 11 of the Constitution of Missouri, for all civil
officers of this state.
2. Any member of the board may be removed by the governor for misconduct,
incompetency or neglect of duty. Before any member may be so removed, he
shall be given a hearing and may appear in his own behalf, may be
represented by counsel, and may present witness or other evidence. Any
person aggrieved by the action of the governor after the hearing may
appeal as provided in chapter 536, RSMo.
3. The board shall meet at least once each year as determined by the
board. The board may hold such additional meetings during the year as may
be deemed necessary to perform its duties. A majority of the board,
including at least one officer, shall constitute a quorum for the
conducting of business.
4. Each member of the board shall receive as compensation an amount set
by the board not to exceed fifty dollars for each day devoted to the
affairs of the board; and shall be entitled to reimbursement of their
expenses necessarily incurred in the discharge of their official duties.
(L. 1975 S.B. 108 § 4, A.L. 1981 S.B. 16)
Members of the board shall not be personally liable either
jointly or separately for any act or acts committed in the performance of
their official duties as board members. (L. 1975 S.B. 108 § 5)
Effective 1-21-76
1. The board shall:
(1) Elect for a one-year term a president and a secretary, who shall also
be treasurer, and the board may appoint, employ and fix the compensation
of a legal counsel and such board personnel as defined in subdivision (4)
of subsection 16 of section 620.010, RSMo, as are necessary to administer
the provisions of sections 335.011 to 335.096;
(2) Adopt and revise such rules and regulations as may be necessary to
enable it to carry into effect the provisions of sections 335.011 to
335.096;
(3) Prescribe minimum standards for educational programs preparing
persons for licensure pursuant to the provisions of sections 335.011 to
335.096;
(4) Provide for surveys of such programs every five years and in addition
at such times as it may deem necessary;
(5) Designate as "approved" such programs as meet the requirements of
sections 335.011 to 335.096 and the rules and regulations enacted
pursuant to such sections; and the board shall annually publish a list of
such programs;
(6) Deny or withdraw approval from educational programs for failure to
meet prescribed minimum standards;
(7) Examine, license, and cause to be renewed the licenses of duly
qualified applicants;
(8) Cause the prosecution of all persons violating provisions of sections
335.011 to 335.096, and may incur such necessary expenses therefor;
(9) Keep a record of all the proceedings; and make an annual report to
the governor and to the director of the department of economic
development.
2. The board shall set the amount of the fees which this chapter
authorizes and requires by rules and regulations. The fees shall be set
at a level to produce revenue which shall not substantially exceed the
cost and expense of administering this chapter.
3. All fees received by the board pursuant to the provisions of sections
335.011 to 335.096 shall be deposited in the state treasury and be placed
to the credit of the state board of nursing fund. All administrative
costs and expenses of the board shall be paid from appropriations made
for those purposes.
4. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule, permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year.
5. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
chapter shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. All rulemaking authority delegated prior to August 28,
1999, is of no force and effect and repealed. Nothing in this section
shall be interpreted to repeal or affect the validity of any rule filed
or adopted prior to August 28, 1999, if it fully complied with all
applicable provisions of law. This section and chapter 536, RSMo, are
nonseverable and if any of the powers vested with the general assembly
pursuant to chapter 536, RSMo, to review, to delay the effective date or
to disapprove and annul a rule are subsequently held unconstitutional,
then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 1999, shall be invalid and void. (L. 1975 S.B. 108 § 6,
A.L. 1981 S.B. 16, A.L. 1985 S.B. 99, A.L. 1993 S.B. 52, A.L. 1995 S.B.
3, S.B. 452, A.L. 1999 H.B. 343)
1. An applicant for a license to practice as a registered
professional nurse shall submit to the board a written application on
forms furnished to the applicant. The original application shall contain
the applicant's statements showing the applicant's education and other
such pertinent information as the board may require. The applicant shall
be of good moral character and have completed at least the high school
course of study, or the equivalent thereof as determined by the state
board of education, and have successfully completed the basic
professional curriculum in an accredited or approved school of nursing
and earned a professional nursing degree or diploma. Each application
shall contain a statement that it is made under oath or affirmation and
that its representations are true and correct to the best knowledge and
belief of the person signing same, subject to the penalties of making a
false affidavit or declaration. Applicants from non-English-speaking
lands shall be required to submit evidence of proficiency in the English
language. The applicant must be approved by the board and shall pass an
examination as required by the board. The board may require by rule as a
requirement for licensure that each applicant shall pass an oral or
practical examination. Upon successfully passing the examination, the
board may issue to the applicant a license to practice nursing as a
registered professional nurse. The applicant for a license to practice
registered professional nursing shall pay a license fee in such amount as
set by the board. The fee shall be uniform for all applicants. Applicants
from foreign countries shall be licensed as prescribed by rule.
2. An applicant for license to practice as a licensed practical nurse
shall submit to the board a written application on forms furnished to the
applicant. The original application shall contain the applicant's
statements showing the applicant's education and other such pertinent
information as the board may require. Such applicant shall be of good
moral character, and have completed at least two years of high school, or
its equivalent as established by the state board of education, and have
successfully completed a basic prescribed curriculum in a
state-accredited or approved school of nursing, earned a nursing degree,
certificate or diploma and completed a course approved by the board on
the role of the practical nurse. Each application shall contain a
statement that it is made under oath or affirmation and that its
representations are true and correct to the best knowledge and belief of
the person signing same, subject to the penalties of making a false
affidavit or declaration. Applicants from non-English-speaking countries
shall be required to submit evidence of their proficiency in the English
language. The applicant must be approved by the board and shall pass an
examination as required by the board. The board may require by rule as a
requirement for licensure that each applicant shall pass an oral or
practical examination. Upon successfully passing the examination, the
board may issue to the applicant a license to practice as a licensed
practical nurse. The applicant for a license to practice licensed
practical nursing shall pay a fee in such amount as may be set by the
board. The fee shall be uniform for all applicants. Applicants from
foreign countries shall be licensed as prescribed by rule.
3. Upon refusal of the board to allow any applicant to sit for either the
registered professional nurses' examination or the licensed practical
nurses' examination, as the case may be, the board shall comply with the
provisions of section 621.120, RSMo, and advise the applicant of his or
her right to have a hearing before the administrative hearing commission.
The administrative hearing commission shall hear complaints taken
pursuant to section 621.120, RSMo.
4. The board shall not deny a license because of sex, religion, race,
ethnic origin, age or political affiliation. (L. 1975 S.B. 108 § 8, A.L.
1981 S.B. 16, A.L. 1995 S.B. 452, A.L. 1999 H.B. 343)
1. The board shall issue a license to practice nursing as either
a registered professional nurse or a licensed practical nurse without
examination to an applicant who has duly become licensed as a registered
nurse or licensed practical nurse pursuant to the laws of another state,
territory, or foreign country if the applicant meets the qualifications
required of registered nurses or licensed practical nurses in this state
at the time the applicant was originally licensed in the other state,
territory, or foreign country.
2. Applicants from foreign countries shall be licensed as prescribed by
rule.
3. Upon application, the board shall issue a temporary permit to an
applicant pursuant to subsection 1 of this section for a license as
either a registered professional nurse or a licensed practical nurse who
has made a prima facie showing that the applicant meets all of the
requirements for such a license. The temporary permit shall be effective
only until the board shall have had the opportunity to investigate his
qualifications for licensure pursuant to subsection 1 of this section and
to notify the applicant that his or her application for a license has
been either granted or rejected. In no event shall such temporary permit
be in effect for more than twelve months after the date of its issuance
nor shall a permit be reissued to the same applicant. No fee shall be
charged for such temporary permit. The holder of a temporary permit which
has not expired, or been suspended or revoked, shall be deemed to be the
holder of a license issued pursuant to section 335.046 until such
temporary permit expires, is terminated or is suspended or revoked. (L.
1975 S.B. 108 § 9, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)
The license of every person licensed under the provisions of
sections 335.011 to 335.096 shall be renewed as provided. An application
for renewal of license shall be mailed to every person to whom a license
was issued or renewed during the current licensing period. The applicant
shall complete the application and return it to the board by the renewal
date with a renewal fee in an amount to be set by the board. The fee
shall be uniform for all applicants. The certificates of renewal shall
render the holder thereof a legal practitioner of nursing for the period
stated in the certificate of renewal. Any person who practices nursing as
a registered professional nurse or as a licensed practical nurse during
the time his license has lapsed shall be considered an illegal
practitioner and shall be subject to the penalties provided for violation
of the provisions of sections 335.011 to 335.096. (L. 1975 S.B. 108 § 10,
A.L. 1981 S.B. 16)
1. Any licensee who allows his or her license to be placed on
inactive status as provided in sections 335.011 to 335.096 shall be
reinstated as provided by sections 335.011 to 335.096 and by rule and
regulation. The board may by rule and regulation provide for an inactive
license status. In the event the board shall refuse to renew the license
pursuant to one of the provisions of this section and related
requirements for relicensure, the individual may appeal to the
administrative hearing commission pursuant to the provisions of section
621.120, RSMo.
2. Any licensee who allows his or her license to lapse by failing to
renew the license as provided in sections 335.011 to 335.096 shall be
reinstated as provided by this chapter and by rule and regulation. The
board may by rule and regulation provide for a lapsed license status. In
the event the board shall refuse to renew the license pursuant to one of
the provisions of this section and related requirements for relicensure,
the individual may appeal to the administrative hearing commission
pursuant to the provisions of sections 621.120, RSMo. (L. 1975 S.B. 108 §
11, A.L. 1981 S.B. 16, A.L. 1999 H.B. 343)
1. The board may refuse to issue any certificate of registration
or authority, permit or license required pursuant to sections 335.011 to
335.096 for one or any combination of causes stated in subsection 2 of
this section. The board shall notify the applicant in writing of the
reasons for the refusal and shall advise the applicant of his or her
right to file a complaint with the administrative hearing commission as
provided by chapter 621, RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by sections 335.011 to 335.096 or any person who has failed to
renew or has surrendered his or her certificate of registration or
authority, permit or license for any one or any combination of the
following causes:
(1) Use or unlawful possession of any controlled substance, as defined in
chapter 195, RSMo, or alcoholic beverage to an extent that such use
impairs a person's ability to perform the work of any profession licensed
or regulated by sections 335.011 to 335.096;
(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution pursuant
to the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated pursuant to sections 335.011 to 335.096,
for any offense an essential element of which is fraud, dishonesty or an
act of violence, or for any offense involving moral turpitude, whether or
not sentence is imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to sections 335.011 to 335.096 or in obtaining permission to
take any examination given or required pursuant to sections 335.011 to
335.096;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by sections 335.011 to 335.096;
(6) Violation of, or assisting or enabling any person to violate, any
provision of sections 335.011 to 335.096, or of any lawful rule or
regulation adopted pursuant to sections 335.011 to 335.096;
(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license or diploma from
any school;
(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by sections 335.011 to 335.096 granted
by another state, territory, federal agency or country upon grounds for
which revocation or suspension is authorized in this state;
(9) A person is finally adjudged insane or incompetent by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by sections 335.011 to 335.096 who
is not registered and currently eligible to practice pursuant to sections
335.011 to 335.096;
(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;
(12) Violation of any professional trust or confidence;
(13) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;
(14) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government;
(15) Placement on an employee disqualification list or other related
restriction or finding pertaining to employment within a health-related
profession issued by any state or federal government or agency following
final disposition by such state or federal government or agency.
3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2 of this section, for disciplinary action are met, the board
may, singly or in combination, censure or place the person named in the
complaint on probation on such terms and conditions as the board deems
appropriate for a period not to exceed five years, or may suspend, for a
period not to exceed three years, or revoke the license, certificate, or
permit.
4. An individual whose license has been revoked shall wait one year from
the date of revocation to apply for relicensure. Relicensure shall be at
the discretion of the board after compliance with all the requirements of
sections 335.011 to 335.096 relative to the licensing of an applicant for
the first time.
5. The board may notify the proper licensing authority of any other state
concerning the final disciplinary action determined by the board on a
license in which the person whose license was suspended or revoked was
also licensed of the suspension or revocation.
6. Any person, organization, association or corporation who reports or
provides information to the board of nursing pursuant to the provisions
of sections 335.011 to 335.259* and who does so in good faith shall not
be subject to an action for civil damages as a result thereof. (L. 1975
S.B. 108 § 12, A.L. 1981 S.B. 16, A.L. 1995 S.B. 452, A.L. 1999 H.B. 343)
*Section 335.259 was repealed by S.B. 52 § A, 1993.
(2000) Allegation of violation of drug laws requires State Board of
Nursing to prove by a preponderance of the evidence that a nurse
knowingly and intentionally possessed controlled substances. State Board
of Nursing v. Berry, 32 S.W.3d 638 (Mo.App.W.D.).
(2001) Statements made in incident report by hospital to State Board of
Nursing about nurse were not, in absence of actual proceedings pending
against that nurse, entitled to absolute immunity from nurse's libel
claim. Haynes-Wilkinson v. Barnes-Jewish Hospital, 131 F.Supp.2d 1140
(E.D.Mo.).
1. If the board finds merit to a complaint by an individual
incarcerated or under the care and control of the department of
corrections and takes further investigative action, no documentation may
appear on file or disciplinary action may be taken in regards to the
licensee's license unless the provisions of subsection 2 of section
335.066 have been violated. Any case file documentation that does not
result in the board filing an action pursuant to subsection 2 of section
335.066 shall be destroyed within three months after the final case
disposition by the board. No notification to any other licensing board in
another state or any national registry regarding any investigative action
shall be made unless the provisions of subsection 2 of section 335.066
have been violated.
2. Upon written request of the nurse subject to a complaint, prior to
August 28, 1999, by an individual incarcerated or under the care and
control of the department of corrections that did not result in the board
filing an action pursuant to subsection 2 of section 335.066, the board
and the division of professional registration shall in a timely fashion:
(1) Destroy all documentation regarding the complaint;
(2) Notify any other licensing board in another state or any national
registry regarding the board's action if they have been previously
notified of the complaint; and
(3) Send a letter to the licensee that clearly states that the board
found the complaint to be unsubstantiated, that the board has taken the
requested action, and notify the licensee of the provisions of subsection
3 of this section.
3. Any person who has been the subject of an unsubstantiated complaint as
provided in subsection 1 or 2 of this section shall not be required to
disclose the existence of such complaint in subsequent applications or
representations relating to their nursing professions. (L. 1999 H.B. 343)
1. Any institution desiring to conduct an approved educational
program of professional nursing or of practical nursing shall apply to
the board and submit evidence that it is prepared to meet standards
established by this law and the board.
2. The board, through its executive officer or other authorized
representatives, shall initially survey a nursing education program. A
written report of the survey shall be submitted to the board. If the
board determines that the requirements for an accredited nursing
education program are met, such program shall be approved as a nursing
education program for professional or for practical nurses upon payment
of a fee in an amount to be set by the board and in accord with board
rules.
3. The board, through its executive officer or other authorized
representatives, shall periodically survey all nursing education programs
in the state. Written reports of such surveys shall be submitted to the
board. If the board determines that any approved nursing education
program is not maintaining the standards required by sections 335.011 to
335.096 and by the board, notice thereof in writing specifying the defect
or defects shall be immediately given to the institution conducting the
program. A program which fails to correct these conditions to the
satisfaction of the board within a reasonable time shall, after notice
and hearing, be removed from the board's listing of approved programs.
All hearings shall be conducted in accordance with chapter 621, RSMo.
4. All such approved programs shall pay an annual registration fee in an
amount to be determined by the board. (L. 1975 S.B. 108 § 13, A.L. 1981
S.B. 16, A.L. 1999 H.B. 343)
1. Any person who holds a license to practice professional
nursing in this state may use the title "Registered Professional Nurse"
and the abbreviation "R.N.". No other person may use the title
"Registered Professional Nurse" or the abbreviation "R.N.". No other
person shall assume any title or use any abbreviation or any other words,
letters, signs, or devices to indicate that the person using the same is
a registered professional nurse.
2. Any person who holds a license to practice practical nursing in this
state may use the title "Licensed Practical Nurse" and the abbreviation
"L.P.N.". No other person may use the title "Licensed Practical Nurse" or
the abbreviation "L.P.N.". No other person shall assume any title or use
any abbreviation or any other words, letters, signs, or devices to
indicate that the person using the same is a licensed practical nurse.
3. No person shall practice or offer to practice professional nursing or
practical nursing in this state for compensation or use any title, sign,
abbreviation, card, or device to indicate that such person is a
practicing professional nurse or practical nurse unless he has been duly
licensed under the provisions of sections 335.011 to 335.096. (L. 1975
S.B. 108 § 14)
Effective 1-21-76
So long as the person involved does not represent or hold
himself or herself out as a nurse licensed to practice in this state, no
provision of sections 335.011 to 335.096 shall be construed as
prohibiting:
(1) The practice of any profession for which a license is required and
issued pursuant to the laws of this state by a person duly licensed to
practice that profession;
(2) The services rendered by technicians, nurses' aides or their
equivalent trained and employed in public or private hospitals and
licensed long-term care facilities except the services rendered in
licensed long-term care facilities shall be limited to administering
medication, excluding injectable other than insulin;
(3) The providing of nursing care by friends or members of the family of
the person receiving such care;
(4) The incidental care of the sick, aged, or infirm by domestic servants
or persons primarily employed as housekeepers;
(5) The furnishing of nursing assistance in the case of an emergency
situation;
(6) The practice of nursing under proper supervision:
(a) As a part of the course of study by students enrolled in approved
schools of professional nursing or in schools of practical nursing;
(b) By graduates of accredited nursing programs pending the results of
the first licensing examination or ninety days after graduation,
whichever first occurs;
(c) A graduate nurse who is prevented from attending the first licensing
examination following graduation by reason of active duty in the military
may practice as a graduate nurse pending the results of the first
licensing examination scheduled by the board following the release of
such graduate nurse from active military duty or pending the results of
the first licensing examination taken by the graduate nurse while
involved in active military service whichever comes first;
(7) The practice of nursing in this state by any legally qualified nurse
duly licensed to practice in another state whose engagement requires such
nurse to accompany and care for a patient temporarily residing in this
state for a period not to exceed six months;
(8) The practice of any legally qualified nurse who is employed by the
government of the United States or any bureau, division or agency
thereof, while in the discharge of his or her official duties or to the
practice of any legally qualified nurse serving in the armed forces of
the United States while stationed within this state;
(9) Nonmedical nursing care of the sick with or without compensation when
done in connection with the practice of the religious tenets of any
church by adherents thereof, as long as they do not engage in the
practice of nursing as defined in sections 335.011 to 335.096. (L. 1975
S.B. 108 § 15, A.L. 1982 S.B. 842, A.L. 1991 S.B. 358, A.L. 1995 S.B.
452, A.L. 1999 H.B. 343)
No person, firm, corporation or association shall:
(1) Sell or attempt to sell or fraudulently obtain or furnish or attempt
to furnish any nursing diploma, license, renewal or record or aid or abet
therein;
(2) Practice professional or practical nursing as defined by sections
335.011 to 335.096 under cover of any diploma, license, or record
illegally or fraudulently obtained or signed or issued unlawfully or
under fraudulent representation;
(3) Practice professional nursing or practical nursing as defined by
sections 335.011 to 335.096 unless duly licensed to do so under the
provisions of sections 335.011 to 335.096;
(4) Use in connection with his name any designation tending to imply that
he is a licensed registered professional nurse or a licensed practical
nurse unless duly licensed so to practice under the provisions of
sections 335.011 to 335.096;
(5) Practice professional nursing or practical nursing during the time
his license issued under the provisions of sections 335.011 to 335.096
shall be suspended or revoked; or
(6) Conduct a nursing education program for the preparation of
professional or practical nurses unless the program has been accredited
by the board. (L. 1975 S.B. 108 § 16)
Effective 1-21-76
Any person who violates any of the provisions of sections
335.011 to 335.096 is guilty of a class A misdemeanor and, upon
conviction, shall be punished as provided by law. (L. 1975 S.B. 108 § 18,
A.L. 1981 S.B. 16)
1. The president or secretary of the board of nursing may
administer oaths, issue subpoenas duces tecum and require production of
documents and records. Subpoenas duces tecum shall be served by a person
authorized to serve subpoenas of courts of record. In lieu of requiring
attendance of a person to produce original documents in response to a
subpoena duces tecum, the board may require sworn copies of such
documents to be filed with it or delivered to its designated
representative.
2. The board may enforce its subpoenas duces tecum by applying to a
circuit court of Cole County, the county of the investigation, hearing or
proceeding, or any county where the person resides or may be found, for
an order upon any person who shall fail to comply with a subpoena duces
tecum to show cause why such subpoena should not be enforced, which such
order and a copy of the application therefor shall be served upon the
person in the same manner as a summons in a civil action, and if the
circuit court shall, after a hearing, determine that the subpoena duces
tecum should be sustained and enforced, such court shall proceed to
enforce the subpoena duces tecum in the same manner as though the
subpoena duces tecum had been issued in a civil case in the circuit
court. (L. 1999 H.B. 343 § 4)
As used in sections 335.200 to 335.209, the following terms mean:
(1) "Board", the Missouri coordinating board for higher education;
(2) "Eligible nursing program", a nursing education program accredited
under this chapter;
(3) "Fund", the nurse training incentive fund, established in section
335.203;
(4) "Incentive grant", a grant awarded to a nurse education program under
the guidelines set forth in sections 335.203 to 335.209;
(5) "Nontraditional student", a person admitted to an eligible nursing
program that is older than twenty-two years of age at the time he is
admitted to the nursing program;
(6) "Nurse", a person holding a license as a registered nurse, pursuant
to this chapter; and
(7) "Professional nursing education program", a program of education
accredited by the state board of nursing, pursuant to this chapter,
designed to prepare persons for licensure as registered professional
nurses with an enrollment of no less than sixty-five percent of the
enrollment approved by the state board of nursing. (L. 1990 H.B. 1429 § 1)
The "Nurse Training Incentive Fund" is hereby established in the
state treasury. The fund shall be administered by the coordinating board
for higher education. The board shall base its appropriation request on
enrollment, graduation and licensure figures for the previous year. The
board may accept funds from private, federal and other sources for the
purposes of sections 335.200 to 335.209. All appropriations, private
donations, and other funds provided to the board for the implementation
of sections 335.200 to 335.209 shall be placed in the nurse training
incentive fund. Notwithstanding the provisions of section 33.080, RSMo,
to the contrary, funds in the nurse training incentive fund shall not
revert to the general revenue fund. Interest accruing to the fund shall
be part of the fund. Grants provided pursuant to section 335.206 shall be
made within the amounts appropriated therefor. (L. 1990 H.B. 1429 § 2)
1. The nurse training incentive fund shall, upon appropriation,
be used to provide incentive grants to eligible nursing programs which
increase enrollment. Grants shall not be awarded to classes begun on or
after July 1, 1996.
2. Grants shall be awarded to eligible nursing programs which increase
enrollment pursuant to subsection 3 of this section. Eligible programs
receiving grants provided under sections 335.200 to 335.209 shall monitor
the enrollment of nontraditional students in their program and shall
annually report to the board the number of nontraditional students
enrolled therein. It shall be the intent of sections 335.200 to 335.209
to encourage the enrollment and graduation of nontraditional students in
nursing education programs.
3. Incentive grants shall be awarded to professional nurse education
programs, as follows:
(1) A grant of eight thousand dollars for each entering class of ten
students by which the program increases its enrollment over the number of
entering students admitted in the fall of 1989; and
(2) A grant of four hundred dollars for each student from each entering
class cited in subdivision (1) of this section by which the program
increases its number of graduates over the number of students graduated
in the preceding year; or
(3) Beginning with the first graduating class of the classes which enter
and are enrolled after August 28, 1990, a grant of four hundred dollars
for each student by which the program increases its number of graduates
over the number of graduates of the preceding year, if the program is not
otherwise qualified to receive the grant provided pursuant to subdivision
(1) of this section. (L. 1990 H.B. 1429 § 3)
No rule or portion of a rule promulgated under the authority of
sections 335.200 to 335.209 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo. (L. 1990
H.B. 1429 § 4, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
As used in sections 335.212 to 335.242, the following terms mean:
(1) "Board", the Missouri state board of nursing;
(2) "Department", the Missouri department of health and senior services;
(3) "Director", director of the Missouri department of health and senior
services;
(4) "Eligible student", a resident who has made application to be a
full-time student in a formal course of instruction leading to an
associate degree, a diploma, a bachelor of science, or a master of
science in nursing or leading to the completion of educational
requirements for a licensed practical nurse;
(5) "Participating school", an institution within this state which is
approved by the board for participation in the professional and practical
nursing student loan program established by sections 335.212 to 335.242,
having a nursing department and offering a course of instruction based on
nursing theory and clinical nursing experience;
(6) "Qualified applicant", an eligible student approved by the board for
participation in the professional and practical nursing student loan
program established by sections 335.212 to 335.242;
(7) "Qualified employment", employment on a full-time basis in Missouri
in a position requiring licensure as a licensed practical nurse or
registered professional nurse in any hospital as defined in section
197.020, RSMo, or public or nonprofit agency, institution, or
organization located in an area of need as determined by the department
of health and senior services. Any forgiveness of such principal and
interest for any qualified applicant engaged in qualified employment on a
less than full-time basis may be prorated to reflect the amounts provided
in this section;
(8) "Resident", any person who has lived in this state for one or more
years for any purpose other than the attending of an educational
institution located within this state. (L. 1990 H.B. 1429 § 5, A.L. 2004
S.B. 1122)
1. The department of health and senior services shall be the
administrative agency for the implementation of the professional and
practical nursing student loan program established under sections 335.212
to 335.242, and the nursing student loan repayment program established
under sections 335.245 to 335.259*.
2. An advisory panel of nurses shall be appointed by the director. It
shall be composed of not more than eleven members representing practical,
associate degree, diploma, baccalaureate and graduate nursing education,
community health, primary care, hospital, long-term care, a consumer, and
the Missouri state board of nursing. The panel shall make recommendations
to the director on the content of any rules, regulations or guidelines
prior to their promulgation. The panel may make recommendations to the
director regarding fund allocations for loans and loan repayment based on
current nursing shortage needs.
3. The department of health and senior services shall promulgate
reasonable rules and regulations for the exercise of its function
pursuant to sections 335.212 to 335.259*. It shall prescribe the form,
the time and method of filing applications and supervise the proceedings
thereof. No rule or portion of a rule promulgated under the authority of
sections 335.212 to 335.257 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.
4. Ninety-five percent of funds loaned pursuant to sections 335.212 to
335.242 shall be loaned to qualified applicants who are enrolled in
professional nursing programs in participating schools and five percent
of the funds loaned pursuant to sections 335.212 to 335.242 shall be
loaned to qualified applicants who are enrolled in practical nursing
programs. Priority shall be given to eligible students who have
established financial need. All loan repayment funds pursuant to sections
335.245 to 335.259* shall be used to reimburse successful associate,
diploma, baccalaureate or graduate professional nurse applicants'
educational loans who agree to serve in areas of defined need as
determined by the department. (L. 1990 H.B. 1429 § 6, A.L. 1993 S.B. 52,
A.L. 1995 S.B. 3)
*Section 335.259 was repealed by S.B. 52 § A, 1993.
There is hereby established the "Professional and Practical
Nursing Student Loan and Nurse Loan Repayment Fund". All fees pursuant to
section 335.221, general revenue appropriations to the student loan or
loan repayment program, voluntary contributions to support or match the
student loan and loan repayment program activities, funds collected from
repayment and penalties, and funds received from the federal government
shall be deposited in the state treasury and be placed to the credit of
the professional and practical nursing student loan and nurse loan
repayment fund. The fund shall be managed by the department of health and
senior services and all administrative costs and expenses incurred as a
result of the effectuation of sections 335.212 to 335.259 shall be paid
from this fund. (L. 1990 H.B. 1429 § 7)
The board, in addition to any other duties it may have regarding
licensure of nurses, shall collect, at the time of licensure or licensure
renewal, an education surcharge from each person licensed or relicensed
pursuant to sections 335.011 to 335.096, in the amount of one dollar per
year for practical nurses and five dollars per year for professional
nurses. These funds shall be deposited in the professional and practical
nursing student loan and nurse loan repayment fund. All expenditures
authorized by sections 335.212 to 335.259* shall be paid from funds
appropriated by the general assembly from the professional and practical
nursing student loan and nurse loan repayment fund. The provisions of
section 33.080, RSMo, to the contrary notwithstanding, money in this fund
shall not be transferred and placed to the credit of general revenue. (L.
1990 H.B. 1429 § 8, A.L. 1995 S.B. 452)
Effective 6-13-95
*Section 335.259 was repealed by S.B. 52 § A, 1993.
The department of health and senior services shall enter into a
contract with each qualified applicant receiving financial assistance
under the provisions of sections 335.212 to 335.242 for repayment of the
principal and interest. (L. 1990 H.B. 1429 § 9, A.L. 1995 S.B. 452)
Effective 6-13-95
An eligible student may apply to the department for financial
assistance under the provisions of sections 335.212 to 335.242 if, at the
time of his application for a loan, the eligible student has formally
applied for acceptance at a participating school. Receipt of financial
assistance is contingent upon acceptance and continued enrollment at a
participating school. (L. 1990 H.B. 1429 § 10)
Financial assistance to any qualified applicant shall not exceed
five thousand dollars for each academic year for a professional nursing
program and shall not exceed two thousand five hundred dollars for each
academic year for a practical nursing program. All financial assistance
shall be made from funds credited to the professional and practical
nursing student loan and nurse loan repayment fund. A qualified applicant
may receive financial assistance for each academic year he remains a
student in good standing at a participating school. (L. 1990 H.B. 1429 §
11)
The department shall establish schedules for repayment of the
principal and interest on any financial assistance made under the
provisions of sections 335.212 to 335.242. Interest at the rate of nine
and one-half percent per annum shall be charged on all financial
assistance made under the provisions of sections 335.212 to 335.242, but
twenty-five percent of the interest and principal of the total financial
assistance granted to a qualified applicant at the time of the successful
completion of a nursing degree, diploma program or a practical nursing
program shall be forgiven for each year of qualified employment. (L. 1990
H.B. 1429 § 12)
The financial assistance recipient shall repay the financial
assistance principal and interest beginning not more than six months
after completion of the degree for which the financial assistance was
made in accordance with the repayment contract. If an eligible student
ceases his study prior to successful completion of a degree or graduation
at a participating school, interest at the rate specified in section
335.233 shall be charged on the amount of financial assistance received
from the state under the provisions of sections 335.212 to 335.242, and
repayment, in accordance with the repayment contract, shall begin within
ninety days of the date the financial aid recipient ceased to be an
eligible student. All funds repaid by recipients of financial assistance
to the department shall be deposited in the professional and practical
nursing student loan and nurse loan repayment fund for use pursuant to
sections 335.212 to 335.259. (L. 1990 H.B. 1429 § 13)
The department shall grant a deferral of interest and principal
payments to a financial assistance recipient who is pursuing an advanced
degree, special nursing program, or upon special conditions established
by the department. The deferral shall not exceed four years. The status
of each deferral shall be reviewed annually by the department of health
and senior services to ensure compliance with the intent of this section.
(L. 1990 H.B. 1429 § 14)
When necessary to protect the interest of the state in any
financial assistance transaction under sections 335.212 to 335.259, the
department of health and senior services may institute any action to
recover any amount due. (L. 1990 H.B. 1429 § 15)
As used in sections 335.245 to 335.259*, the following terms
mean:
(1) "Department", the Missouri department of health and senior services;
(2) "Eligible applicant", a Missouri licensed nurse who has attained
either an associate degree, a diploma, a bachelor of science, or graduate
degree in nursing from an accredited institution approved by the board of
nursing or a student nurse in the final year of a full-time baccalaureate
school of nursing leading to a baccalaureate degree or graduate nursing
program leading to a master's degree in nursing and has agreed to serve
in an area of defined need as established by the department;
(3) "Participating school", an institution within this state which grants
an associate degree in nursing, grants a bachelor or master of science
degree in nursing or provides a diploma nursing program which is
accredited by the state board of nursing, or a regionally accredited
institution in this state which provides a bachelor of science completion
program for registered professional nurses;
(4) "Qualified employment", employment on a full-time basis in Missouri
in a position requiring licensure as a licensed practical nurse or
registered professional nurse in any hospital as defined in section
197.020, RSMo, or public or nonprofit agency, institution, or
organization located in an area of need as determined by the department
of health and senior services. Any forgiveness of such principal and
interest for any qualified applicant engaged in qualified employment on a
less than full-time basis may be prorated to reflect the amounts provided
in this section. (L. 1990 H.B. 1429 § 16, A.L. 2004 S.B. 1122)
*Section 335.259 was repealed by S.B. 52 in 1993.
Sections 335.245 to 335.259 shall be known as the "Nursing
Student Loan Repayment Program". The department of health and senior
services shall be the administrative agency for the implementation of the
authority established by sections 335.245 to 335.259. The department
shall promulgate reasonable rules and regulations necessary to implement
sections 335.245 to 335.259. Promulgated rules shall include, but not be
limited to, applicant eligibility, selection criteria, prioritization of
service obligation sites and the content of loan repayment contracts,
including repayment schedules for those in default and penalties. The
department shall promulgate rules regarding recruitment opportunities for
minority students into nursing schools. Priority for student loan
repayment shall be given to eligible applicants who have demonstrated
financial need. All funds collected by the department from participants
not meeting their contractual obligations to the state shall be deposited
in the professional and practical nursing student loan and nurse loan
repayment fund for use pursuant to sections 335.212 to 335.259. (L. 1990
H.B. 1429 § 17)
Upon proper verification to the department by the eligible
applicant of securing qualified employment in this state, the department
shall enter into a loan repayment contract with the eligible applicant to
repay the interest and principal on the educational loans of the
applicant to the limit of the contract, which contract shall provide for
instances of less than full-time qualified employment consistent with the
provisions of section 335.233, out of any appropriation made to the
professional and practical nursing student loan and nurse loan repayment
fund. If the applicant breaches the contract by failing to begin or
complete the qualified employment, the department is entitled to recover
the total of the loan repayment paid by the department plus interest on
the repaid amount at the rate of nine and one-half percent per annum. (L.
1990 H.B. 1429 § 18)
Sections 335.212 to 335.259 shall not be construed to require
the department to enter into contracts with individuals who qualify for
nursing education loans or nursing loan repayment programs when federal,
state and local funds are not available for such purposes. (L. 1990 H.B.
1429 § 19)
Successful applicants for whom loan payments are made under the
provisions of sections 335.245 to 335.259 shall verify to the department
twice each year, in June and in December, in the manner prescribed by the
department that qualified employment in this state is being maintained.
(L. 1990 H.B. 1429 § 20)
|
|
|
|
