The board shall meet at least four times a year.
A majority of the board constitutes a quorum.
Members of the board are entitled to the per diem and travel expenses allowed by law.
Article 02. EXAMINATION AND LICENSING
The board shall annually elect a chairman and secretary from among its members.
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Repealed or Renumbered
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A person practicing or offering to practice professional or practical nursing in the state shall submit evidence of qualification to practice and shall be licensed under this chapter.
A license to practice nursing may not be renewed unless the nurse has complied with continuing competence requirements established by the board by regulation.
Repealed or Renumbered
The board shall prepare, maintain, and from time to time publish a list of approved nursing education programs in the state.
Article 04. CERTIFIED NURSE AIDES
If a person violates an injunction issued under this section, the person may be punished for contempt of court. The injunction proceeding is in addition to other penalties and remedies provided in this chapter.
Article 06. MISCELLANEOUS PROVISIONS
If it is established that the defendant has been or is practicing professional or practical nursing without a license or has been or is practicing nursing after the defendant's license has been suspended or revoked, or has expired, the court may enjoin the defendant from further practice.
The practice of professional or practical nursing for compensation by a person who is not licensed, or whose license is suspended, or revoked, or expired, is declared to be inimical to the public welfare and to constitute a public nuisance.
A person who, in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a certified nurse aide is not liable in a civil action for damages resulting from the reporting of the information.
The board may apply for an injunction in a competent court to enjoin a person not licensed or whose license is suspended or revoked or expired from practicing professional or practical nursing. The court may issue a temporary injunction enjoining the defendant from practicing professional or practical nursing.
A practical nurse shall work under the supervision of a licensed registered nurse, a licensed physician, or a licensed dentist.
A person who, under oath and in good faith, reports information to the board relating to alleged incidents of incompetent, unprofessional, or unlawful conduct of a nurse is not liable in a civil action for damages resulting from the reporting of the information.
(a) [Repealed, Sec. 29 ch 14 SLA 1982].
(b) A qualified student of the Mt. Edgecumbe School of Practical Nursing who was graduated before January 1, 1959, and had eighth grade pretraining is eligible for a license.
A registered or practical nurse licensed under this chapter may delegate nursing duties to other persons, including unlicensed assistive personnel, under regulations adopted by the board. A person to whom the nursing duties are delegated may perform the delegated duties without a license or certificate under this chapter if the person meets the applicable requirements established by the board.
A person, institution, or agency may not conduct a nursing education program that prepares persons for examination or licensing unless the program is approved by the board. A program may be approved by the board only if it is established through an approved postsecondary educational institution.
Repealed or Renumbered
Except as specified in AS 08.68.333 (f), the board shall comply with AS 44.62 (Administrative Procedure Act).
A person holding a license to practice registered or practical nursing in the state under prior law is considered licensed as a registered or practical nurse.
(a) A person may not use the title 'certified nurse aide' or the abbreviation 'C.N.A.' unless the person is certified under this chapter.
(b) A person who knowingly violates this section is guilty of a class B misdemeanor. In this subsection, 'knowingly' has the meaning given in AS 11.81.900 (a).
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for certified nurse aides for each of the following:
(1) application;
(2) examination;
(3) certification; and
(4) renewal of certification.
Article 05. UNLAWFUL ACTS
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An institution desiring to conduct a nursing education program to prepare registered or practical nurses shall apply to the board and submit evidence that it is prepared to
(1) carry out the curriculum approved by the board for registered nursing or for practical nursing; and
(2) meet other standards established by law and by the board.
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The five members of the board who are nurses shall be licensed in the state, and shall have been actively engaged in nursing for not less than four years before appointment, three years of which were within the five years immediately preceding appointment.
(a) The Department of Commerce, Community, and Economic Development, in consultation with the board, shall employ a licensed, registered nurse, who is not a member of the board, to serve as executive secretary of the board.
(b) The executive secretary shall perform duties as prescribed by the board.
(c) [Repealed by Sec. 29 ch 14 SLA 1982].
(d) [Repealed by Sec. 1 ch 129 SLA 1974].
Repealed or Renumbered
The applicant shall pass a written examination as prescribed by the board. The board shall issue a license to an applicant who passes the examination to practice registered or practical nursing provided the other qualifications outlined in AS 08.68.170 and 08.68.180 are also met. The board shall conduct examinations annually and as often as it considers necessary at locations designated by the board.
There is created a Board of Nursing, consisting of seven members appointed by the governor. One member shall be a licensed practical nurse currently involved in institutional nursing service, one member shall be a registered nurse engaged in baccalaureate nursing education, three members shall be registered nurses at large, and two members shall be persons who have no direct financial interest in the health care industry.
(a) A person licensed to practice registered nursing in the state may use the title 'licensed professional nurse,' 'registered nurse,' and the abbreviation 'R.N.'
(b) A person licensed to practice practical nursing in the state may use the title 'licensed practical nurse' or 'licensed vocational nurse' and the abbreviation 'L.P.N.' or 'L.V.N.'
(c) A person who holds a temporary permit to practice as a registered nurse shall use the title 'Temporary Registered Nurse' and the abbreviation 'TRN.'
(d) A person who holds a temporary permit to practice as a licensed practical nurse shall use the title 'Temporary Licensed Practical Nurse' and the abbreviation 'TLPN.'
An applicant for a license to practice registered or practical nursing shall submit to the board on forms and in the manner prescribed by the board, written evidence, verified by oath, that the applicant has successfully completed a registered or practical nursing education program
(1) accredited by the board;
(2) outside the state that, in the opinion of the board, meets the minimum requirements of the board for an accredited program of study in this state at the time the applicant graduated; or
(3) accredited by the National League for Nursing at the time the applicant graduated.
The Department of Commerce, Community, and Economic Development shall set fees under AS 08.01.065 for each of the following:
(1) registered nursing:
(A) application;
(B) license by examination;
(C) license by endorsement;
(D) license renewal;
(E) temporary permit;
(2) practical or vocational nursing:
(A) application;
(B) license by examination;
(C) license by endorsement;
(D) license renewal;
(E) temporary permit.
An employer may not discharge, threaten, or otherwise discriminate against a nurse employed by the employer regarding the nurse's compensation, terms, conditions, location, or privileges of employment for the nurse's refusal to perform a task involving nursing care delegated to the nurse by the nurse's superior if
(1) the nurse alleges that the task was improperly delegated;
(2) the nurse reports the attempted improper delegation to the Board of Nursing within 24 hours after the attempted delegation was made; and
(3) the Board of Nursing finds that the task was improperly delegated.
Article 03. NURSING EDUCATION PROGRAMS
(a) The board or the Department of Commerce, Community, and Economic Development, as designated by the board, shall issue certification as a nurse aide to qualified applicants. The board, after consultation with affected agencies, may adopt regulations regarding the certification of nurse aides, including
(1) the training, educational, and other qualifications for certification that will ensure that the nurse aides are competent to perform the tasks of their occupation;
(2) application, certification, renewal, and revocation procedures; and
(3) maintenance of a registry of certified nurse aides.
(b) The board may
(1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it; and
(2) invoke, or request the department to invoke, disciplinary action under AS 08.01.075 against a certified nurse aide.
(a) A lapsed license may be reinstated if it has not remained lapsed for more than five years by payment of the license fees for the current renewal period and the penalty fee. The person seeking reinstatement shall meet the continuing competency requirements of the board.
(b) If a license is lapsed for more than five years,
(1) the board shall require the applicant to complete a course of study approved by the board or to pass an examination prescribed by the board, and to pay the fees prescribed by this chapter; or
(2) if the board determines that the person applying for reinstatement was actively employed in nursing in another state during the time that the license has lapsed in this state, the license that has lapsed may be reinstated by payment of fees as required by (a) of this section.
(a) The board may issue a license by endorsement to practice as a registered or practical nurse, whichever is appropriate, to an applicant who has worked as a nurse within the past five years if the applicant
(1) is licensed as either a registered or practical nurse under the laws of another state if, in the opinion of the board, the applicant meets the qualifications required for licensing in the state and meets the requirements of AS 08.68.170 ; or
(2) meets the requirements of AS 08.68.170 and has successfully completed the Canadian Nurses' Association Testing Service examination if the board determines it is comparable to the examination administered by this state.
(b) The board may issue a license by endorsement to practice as a registered or practical nurse, whichever is appropriate, to an applicant who has not worked as a nurse within the past five years if the applicant meets the requirements of either (a)(1) or (a)(2) of this section and
(1) meets the continuing competency requirements of the board; or
(2) completes a course of study approved by the board.
(a) The board may issue a temporary permit, nonrenewable and valid for a period not exceeding six months, to an applicant for a license by endorsement if the applicant
(1) submits proof satisfactory to the board that the applicant is currently licensed in another state or Canadian province or Canadian territory that administers an examination approved by the board under AS 08.68.200 (a)(2);
(2) meets the requirements of AS 08.68.170 ; and
(3) pays the required fee.
(b) The board may issue a nonrenewable permit to an applicant for license by examination if the applicant (1) meets the qualifications of AS 08.68.170 ; or (2) is a graduate of a foreign school of nursing and has successfully completed the examination administered by the Commission on Graduates of Foreign Nursing Schools. The permit is valid for a period not extending beyond the time when the results are published of the first examination the applicant is eligible to take after the permit is issued; however, if the applicant does not take the examination for which the applicant is scheduled, the permit lapses on the day of the examination.
(a) It is a class B misdemeanor for a person to
(1) practice nursing under a diploma, license, or record that is unlawfully obtained, signed, or issued;
(2) practice or offer to practice nursing without a license, unless the person is practicing within the scope of a delegation properly made under AS 08.68.405 or is giving necessary aid to the ill, injured, or infirm in an emergency;
(3) employ as a nurse a person who is not licensed to practice nursing;
(4) use in connection with the person's name a designation that implies that the person is a licensed nurse unless the person is licensed;
(5) practice nursing during the time that the person's license is suspended or revoked;
(6) practice nursing with knowledge that the person's license has lapsed;
(7) conduct a nursing education program and represent or imply that it is accredited by the board, unless the program has been accredited by the board.
(b) It is a class A misdemeanor for a person to knowingly or intentionally do any of the acts described in (a)(1) - (5) and (7) of this section.
(c) It is a violation for a person to practice nursing during the time that the person's license has lapsed if the person does not know that the license has lapsed.
(a) This chapter does not apply to
(1) a qualified nurse licensed in another state employed by the United States Government or a bureau, or agency, or division of the United States Government while in the discharge of official duties;
(2) nursing service given temporarily in the event of a public emergency, epidemic, or disaster;
(3) the practice of nursing by a student enrolled in a nursing education program accredited by the board when the practice is in connection with the student's course of study;
(4) the practice of nursing by an individual enrolled in an approved program or course of study approved by the board to satisfy the requirements of AS 08.68.251 ;
(5) the practice of nursing by a nurse licensed in another state who engages in nursing education or nursing consultation activities, if these activities and contact with clients do not exceed 20 working days within a licensing period; or
(6) the practice of nursing by a nurse licensed in another state whose employment responsibilities include transporting patients into, out of, or through this state; however, this exception is valid for a period not to exceed 48 hours for each transport.
(b) In this section, the word 'nurses' includes registered and practical nurses, and 'nursing' means registered and practical nursing.
The board may deny, suspend, or revoke the license of a person who
(1) has obtained or attempted to obtain a license to practice nursing by fraud or deceit;
(2) has been convicted of a felony or other crime if the felony or other crime is substantially related to the qualifications, functions or duties of the licensee;
(3) habitually abuses alcoholic beverages, or illegally uses controlled substances;
(4) has impersonated a registered or practical nurse;
(5) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
(6) practices or attempts to practice nursing while afflicted with physical or mental illness, deterioration, or disability that interferes with the individual's performance of nursing functions;
(7) is guilty of unprofessional conduct as defined by regulations adopted by the board;
(8) has wilfully or repeatedly violated a provision of this chapter or regulations adopted under it;
(9) is professionally incompetent;
(10) denies care or treatment to a patient or person seeking assistance if the sole reason for the denial is the failure or refusal of the patient or person seeking assistance to agree to arbitrate as provided in AS 09.55.535 (a).
The board may deny a certification to, or impose a disciplinary sanction authorized under AS 08.01.075 against, a person who
(1) has obtained or attempted to obtain certification as a nurse aide by fraud, deceit, or intentional misrepresentation;
(2) has been convicted of a crime substantially related to the qualifications, functions, or duties of a certified nurse aide;
(3) has impersonated a registered or practical nurse or other licensed health care provider;
(4) has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client;
(5) is incapable of working as a certified nurse aide with reasonable skill, competence, and safety for the public because of
(A) professional incompetence;
(B) addiction or severe dependency on alcohol or a drug that impairs the licensee's ability to practice safely;
(C) physical or mental disability; or
(D) other factors determined by the board;
(6) has knowingly or repeatedly failed to comply with this chapter, a regulation adopted under this chapter, or with an order of the board; or
(7) has misappropriated the property of, abused, or neglected a client.
(a) The board may take the following disciplinary actions singly or in combination:
(1) permanently revoke a license or permit to practice;
(2) suspend a license for a stated period of time;
(3) censure a licensee;
(4) issue a letter of reprimand;
(5) impose limitations or conditions on the professional practice of a licensee;
(6) impose peer review;
(7) impose professional education requirements until a satisfactory degree of skill has been attained in those aspects of professional practice determined by the board to need improvement;
(8) impose probation and require the licensee to report regularly to the board upon matters involving the basis for the probation;
(9) accept a voluntary surrender of a license.
(b) The board may withdraw probation status if it finds that the deficiencies that required the sanction have been remedied.
(c) The board may summarily suspend a license before final hearing or during the appeals process if the board finds that the licensee poses a clear and immediate danger to the public health and safety. A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (AS 44.64.010 ) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
(d) The board may reinstate a license that has been suspended or revoked if the board finds, after a hearing, that the applicant is able to practice with skill and safety.
(e) The board may return a license that has been voluntarily surrendered if the board determines that the licensee is competent to resume practice and that the applicable renewal fees are paid.
(f) The board shall seek consistency in the application of disciplinary sanctions. A significant departure from prior decisions involving similar situations shall be explained in the findings of fact or order.
(a) The board shall maintain a registry of certified nurse aides. At a minimum, this registry must include the information required under federal regulations that are applicable to nurse aides found to have committed abuse, neglect, or misappropriation of property in connection with their employment by a facility participating in the Medicaid or Medicare program.
(b) If the board finds that a certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with employment as a nurse aide, the board shall revoke the nurse aide's certification and enter the finding in the registry.
(c) Upon receiving a notice of a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property, the board shall immediately revoke the nurse aide's certification without a hearing, enter the finding in the registry, and notify the nurse aide of the revocation and entry of the finding. Notice is considered given when delivered personally to the nurse aide or deposited in the United States mail addressed to the nurse aide's last known mailing address on file with the board. The department shall retain proof of mailing.
(d) If the certified nurse aide is employed in a skilled nursing facility or a nursing facility, other than an intermediate care facility for the mentally retarded, that is participating in the Medicaid or Medicare program, only the state survey and certification agency may make, and report to the Board of Nursing, a finding that the certified nurse aide has committed abuse, neglect, or misappropriation of property in connection with the nurse aide's employment at the facility.
(e) The board shall establish procedures under which a finding under AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or misappropriation of property and the resulting revocation of certification will be removed from the registry if the certified nurse aide requests a hearing and can establish mistaken identity or the finding has been set aside by the reporting agency or by a court of competent jurisdiction.
(f) AS 44.62.330 - 44.62.630 do not apply to actions taken under (c) of this section.
In this chapter,
(1) 'advanced nurse practitioner' means a registered nurse authorized to practice in the state who, because of specialized education and experience, is certified to perform acts of medical diagnosis and the prescription and dispensing of medical, therapeutic, or corrective measures under regulations adopted by the board;
(2) 'board' means the Board of Nursing;
(3) 'certified nurse aide' is a person who is certified as a nurse aide by the board;
(4) 'incompetent' means that a nurse does not possess the skills, knowledge, and awareness of the nurse's limitations and abilities to safely practice nursing;
(5) 'licensed practical nurse' is equivalent to the title 'licensed vocational nurse' and to the name suffix abbreviations L.P.N. and L.V.N.;
(6) 'licensed registered nurse' is equivalent to the common title 'registered nurse' and the name suffix abbreviation R.N.;
(7) 'nurse anesthetist' means a registered nurse authorized to practice in the state who, because of specialized education and experience, is certified to select and administer anesthetic and give anesthesia care under regulations adopted by the board;
(8) 'practice of practical nursing' means the performance for compensation or personal profit of nursing functions that do not require the substantial specialized skill, judgment, and knowledge of a registered nurse;
(9) 'practice of registered nursing' means the performance for compensation or personal profit of acts of professional service that requires substantial specialized knowledge, judgment, and skill based on the principles of biological, physiological, behavioral, and sociological sciences in assessing and responding to the health needs of individuals, families, or communities through services that include
(A) assessment of problems, counseling, and teaching
(i) clients to maintain health or prevent illness; and
(ii) in the care of the ill, injured, or infirm;
(B) administration, supervision, delegation, and evaluation of nursing practice;
(C) teaching others the skills of nursing;
(D) execution of a medical regimen as prescribed by a person authorized by the state to practice medicine;
(E) performance of other acts that require education and training that are recognized by the nursing profession as properly performed by registered nurses;
(F) performance of acts of medical diagnosis and the prescription of medical therapeutic or corrective measures under regulations adopted by the board;
(10) 'unlicensed assistive personnel' means persons, such as orderlies, assistants, attendants, technicians, members of a nursing client's immediate family, or the guardian of a nursing client, who are not licensed to practice practical nursing, registered nursing, medicine, or any other health occupation that requires a license in this state.
(a) The board shall
(1) adopt regulations necessary to implement this chapter, including regulations pertaining to practice as an advanced nurse practitioner and a nurse anesthetist, and regulations necessary to implement AS 08.68.331 - 08.68.336 relating to certified nurse aides in order to protect the health, safety, and welfare of clients served by nurse aides;
(2) approve curricula and adopt standards for basic education programs that prepare persons for licensing under AS 08.68.190 ;
(3) provide for surveys of the basic nursing education programs in the state at the times it considers necessary;
(4) approve education programs that meet the requirements of this chapter and of the board, and deny, revoke, or suspend approval of education programs for failure to meet the requirements;
(5) examine, license, and renew the licenses of qualified applicants;
(6) prescribe requirements for competence before a former nurse may resume the practice of nursing under this chapter;
(7) define by regulation the qualifications and duties of the executive secretary and delegate authority to the executive secretary that is necessary to conduct board business;
(8) develop reasonable and uniform standards for nursing practice;
(9) publish advisory opinions regarding whether nursing practice procedures or policies comply with acceptable standards of nursing practice as defined under this chapter;
(10) require applicants under this chapter to submit fingerprints and the fees required by the Department of Public Safety under AS 12.62.160 for criminal justice information and a national criminal history record check; the department shall submit the fingerprints and fees to the Department of Public Safety for a report of criminal justice information under AS 12.62 and a national criminal history record check under AS 12.62.400 .
(b) The board may
(1) conduct hearings upon charges of alleged violations of this chapter or regulations adopted under it;
(2) invoke, or request the department to invoke, disciplinary action against a licensee;
(3) prescribe requirements for competence to continue practice.
(a) A registered nurse licensed under this chapter may make a determination and pronouncement of death of a person under the following circumstances:
(1) an attending physician has documented in the person's medical or clinical record that the person's death is anticipated due to illness, infirmity, or disease; this prognosis is valid for purposes of this section for no more than 120 days from the date of the documentation;
(2) at the time of documentation under (1) of this subsection, the physician authorized in writing a specific registered nurse or nurses to make a determination and pronouncement of the person's death; however, if the person is in a health care facility and the health care facility has complied with (d) of this section, the physician may authorize all nurses employed by the facility to make a determination and pronouncement of the person's death.
(b) A registered nurse who has determined and pronounced death under this section shall document the clinical criteria for the determination and pronouncement in the person's medical or clinical record and notify the physician who determined that the prognosis for the patient was for an anticipated death. The registered nurse shall sign the death certificate, which must include the
(1) name of the deceased;
(2) presence of a contagious disease, if known; and
(3) date and time of death.
(c) Except as otherwise provided under AS 18.50.230 , a physician licensed under AS 08.64 shall certify a death determined under (b) of this section within 24 hours after the pronouncement by the registered nurse.
(d) In a health care facility in which a physician chooses to proceed under (a) of this section, written policies and procedures shall be adopted that provide for the determination and pronouncement of death by a registered nurse under this section. A registered nurse employed by a health care facility may not make a determination or pronouncement of death under this section unless the facility has written policies and procedures implementing and ensuring compliance with this section.
(e) Notwithstanding AS 08.68.400 (a)(1), this section applies to a qualified nurse described in AS 08.68.400 (a)(1) who is employed by a federal health care facility.
(f) The Department of Health and Social Services may adopt regulations to implement this section.
(g) In this section,
(1) 'determination of death' means observation and assessment that a person is dead, as defined in AS 09.68.120 ;
(2) 'health care facility' means a private, municipal, state, or federal hospital, psychiatric hospital, tuberculosis hospital, skilled nursing facility, kidney disease treatment center (excluding freestanding hemodialysis units), intermediate care facility, or Alaska Pioneers' Home or Alaska Veterans' Home administered by the Department of Health and Social Services under AS 47.55.
Article 07. GENERAL PROVISIONS
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