SB66: relative to repealing the joint health council and changing the title of ARNPs.

CHAPTER 54

SB 66-FN – FINAL VERSION

2009 SESSION

09-0872

10/01

SENATE BILL 66-FN

AN ACT relative to repealing the joint health council and changing the title of ARNPs.

SPONSORS: Sen. D'Allesandro, Dist 20

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill repeals the joint health council. The bill also changes the name of advanced registered nurse practitioners, or ARNPs, to advanced practice registered nurses, or APRNs.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0872

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to repealing the joint health council and changing the title of ARNPs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

54:1 Definition; ARNP; Reference to Joint Health Council Deleted; Advanced Directives for Health Care. Amend RSA 137-J:2, II to read as follows:

II. “Advanced practice registered nurse [practitioner]” or “ [ARNP] APRN” means a registered nurse who is licensed in good standing in the state of New Hampshire as having specialized clinical qualifications [as provided in RSA 326-B:10].

54:2 Possessing Prescription Drugs; Reference to Joint Health Council Deleted; Name Change; ARNP. Amend RSA 318:42, VII(a) to read as follows:

(a) The drugs are dispensed under a written protocol established by a licensed physician or by an advanced practice registered nurse [practitioner prescribing from the formulary pursuant to RSA 326-B:10, II], and approved by the department of health and human services which provides for responsible supervision over the activities in question and mentions the name of each registered nurse for whom the physician or advanced practice registered nurse [practitioner] is assuming supervisory responsibility. A written copy of the protocol showing the date it was approved by the department of health and human services shall be kept at the clinic at all times and shall be made available during any inspection conducted under RSA 318:8.

54:3 Nursing Practice Act; Advanced Practice Registered Nursing. Amend RSA 326-B:11 to read as follows:

326-B:11 Scope of Practice and Authority; Advanced Practice Registered Nurse [Practitioner].

I. Advanced practice registered nursing [practice] by nurse practitioners shall consist of a combination of knowledge and skills acquired in basic nursing education. The [ARNP] APRN scope of practice, with or without compensation or personal profit, shall be limited to:

(a) Performing acts of advanced assessment, diagnosing, prescribing, selecting, administering, and providing therapeutic measures and treatment regimes;

(b) Obtaining consultation, planning, and implementing collaborative management, referral, or transferring the care of the client as appropriate; and

(c) Providing such functions common to a nurse practitioner for which the [ARNP] APRN is educationally and experientially prepared and which are consistent with standards established by a national credentialing or certification body recognized by the National Council of State Boards of Nursing and approved by the board in the appropriate [ARNP] APRN role and specialty.

II. An [ARNP] APRN shall practice within standards consistent with standards established by a national credentialing or certification body recognized by the National Council of State Boards of Nursing and approved by the board in the appropriate [ARNP] APRN role and specialty. The board shall not approve a new advanced practice specialty category that has not been developed by a national credentialing or certifying body recognized by the National Council of State Board of Nursing without approval of the legislature under RSA 332-G:6. Each [ARNP] APRN shall be accountable to clients and the board:

(a) For complying with this chapter and the quality of advanced nursing care rendered;

(b) For recognizing limits of knowledge and experience and planning for the management of situations beyond the [ARNP’s] APRN’s expertise; and

(c) For consulting with or referring clients to other health care providers as appropriate.

III. An [ARNP] APRN shall have plenary authority to possess, compound, prescribe, administer, and dispense and distribute to clients controlled and non-controlled drugs [in accordance with the formulary established by the joint health council and] within the scope of the [ARNP’s] APRN’s practice as defined by this chapter. Such authority may be denied, suspended, or revoked by the board after notice and the opportunity for hearing, upon proof that the authority has been abused.

IV. Any expansion of the scope of practice shall be adopted by legislation in accordance with RSA 332-G:6.

54:4 Name Change; ARNP to APRN. Amend the following RSA provisions, as appropriate, by replacing “ARNP,” or “ARNPs” with “APRN, or “APRNs, “ respectively: 5-C:1; 5-C:62; 5-C:63; 5-C:64; 5-C:66; 5-C:74, I; 5-C:80; 5-C:81, II; 5-C:94; 5-C:96, I(b); 135-C:2, II-a; 135-C:28; 135-C:31, I; 135-C:32; 135-C:51; 137-J:1; 137-J:5; 137-J:6; 137-J:7; 137-J:10; 137-J:14; 137-J:15; 137-J:19; 137-J:20; 137-J:22; 137-J:25; 137-J:26; 137-J:27; 137-J:28; 137-J:29; 151:26; 326-B:2; 326-B:9, III; 326-B:13, I; 326-B:14, I; 326-B:18; 326-B:31, III; 326-B:33, II; 326-B:37, II(d); 330-C:11, II; 623:1, I; 627:6.

54:5 Name Change; Advanced Registered Nurse Practitioner to Advanced Practice Registered Nurse. Amend the following RSA provisions, as appropriate, by replacing “advanced registered nurse practitioner,” or “advanced registered nurse practitioners” with “advanced practice registered nurse, or “advanced practice registered nurses, “ respectively: 5-C:1, I; 135:21-b; 135-C:2, II-a; 137-J:19; 137-J:26; 137-J:29, VI; 137-J:33; 141-F:5; 141-G:2; 151:26; 200:32; 261:88; 290:1; 290:1-a; 318:1; 318:42, II and X; 318:46; 318:47-a; 318:52-a; 318:52-c; 318-B:1; 318-B:2-b; 318-B:10, V; 318-B:12-a; 318-B:13, III; 326-B:2; 326-B:3, I; 326-B:11; 326-B:18; 326-B:41-a; 326-C:2; 326-E:1, V; 415:5, I; 415:18, VI; 415:18-a; 420-A:9, VIII; 623:1, I; 627:6.

54:6 Repeal. RSA 326-B:10, relative to the joint health council, is repealed.

54:7 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 22, 2009

Effective Date: July 21, 2009