LAW
GOVERNING THE
PRACTICE OF
NURSING
Louisiana Revised Statues 37:911 et seq. as re-enacted and amended
REGISTERED NURSES
2010
Louisiana State Board of Nursing
17373 Perkins Road
Baton Rouge, LA 70810
Table of Contents
CHAPTER 11. NURSES
Part I. Registered Nurses
§911. Legislative findings; intent; purpose of part...... 1
§912. Effectiveness of Part; exceptions...... 1
§913. Definitions...... 1
§914. Louisiana State Board of Nursing; appointment of
members; term of office; vacancy; officers; compensation..5
§915. Removal of board members...... 6
§916. Qualifications of board members...... 6
§917. Composition of board...... 6
§918. Duties and powers of the board...... 6
§919. Domicile of board...... 8
§920. Licensure; qualifications; examination; renewal;
temporary permits...... 8
§920.1.Louisiana State Board of Nursing; authorization to
obtain criminal history record information...... 10
§921. Grounds for disciplinary proceedings...... 11
§922. Hearings by board...... 11
§923. Appeal from board decision...... 12
§924. Temporary restraining order...... 12
§925. Violations; penalty...... 12
§926. Prosecutions by board ...... 13
§927. Fees...... 13
§928. Disposition of Funds ...... 14
§929. Exceptions...... 14
§930. Anesthetics; authority to administer; penalty...... 15
§931. Civil immunity; certain persons...... 17
§932. Collection of criminal evidence ...... 18
§933. Distributing medications in public health clinics...... 18
§934. Prepayment and post-payment utilization review...... 18
§935. Anesthetics; authority of registered nurses
...... 18
CHAPTER 11. NURSES
PART I. REGISTERED NURSES
§911. Legislative findings; intent; purpose of part
A. The legislature finds that the practice of nursing by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state.
B. The legislature further finds that the practice of nursing by a registered nurse and an advanced practice registered nurse should be regulated in the public interest.
C. Therefore, it is the legislative intent and the purpose of this Part to promote, preserve, and protect the public health, safety, and welfare by regulating nursing education and practice and ensuring that any individual practicing or offering to practice nursing or using the title "registered nurse" or "advanced practice registered nurse" shall be licensed before engaging in such practice.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
§912. Effectiveness of Part; exceptions
A. This Part shall become effective on January 1, 1996. Thereafter, no individual shall practice or offer to practice or perform the duties of a registered nurse or an advanced practice registered nurse unless he possesses a current license issued pursuant to this Part or is exempt from this Part.
B.(1) Any individual possessing a valid license to practice nursing as a registered nurse on January 1, 1996, shall be considered licensed as a registered nurse and shall be eligible for renewal of such license under this Part.
(2) Any individual eligible for reinstatement of a license to practice nursing as a registered nurse on January 1, 1996, shall be considered to be eligible to be licensed as a registered nurse under this Part.
(3) Any registered nurse who is recognized by the board as an advanced practitioner of nursing on January 1, 1996, shall be eligible for licensure as an advanced practice registered nurse under this Part.
(4) Any individual who is eligible for reinstatement of a registered nurse license and who has been recognized as an advanced practitioner of nursing may be licensed as a registered nurse and as an advanced practice registered nurse under this Part by applying for reinstatement according to rules and regulations established by the board and applying for an advanced practice registered nurse license. Application for such license shall be made within twelve months of January 1, 1996.
(5) Those individuals eligible for licensure under this Subsection shall be eligible for renewal of such license under this Part.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
§913. Definitions
As used in this Part:
(1) "Advanced practice registered nurse" or "APRN" means a licensed registered nurse who is certified by a nationally recognized certifying body, such as the American Nurses Credentialing Center, as having an advanced nursing specialty as described in this Part and who meets the criteria for an advanced practice registered nurse as established by the board. In the absence of the availability of a national certification examination in a selected clinical area, the board may establish commensurate requirements. An advanced practice registered nurse shall include, but not be limited to, the following:
(a) Certified nurse midwife or "CNM" who is an advanced practice registered nurse educated in the disciplines of nursing and midwifery and certified according to a nationally recognized certifying body, such as the American College of Nurse Midwives Certification Council, as approved by the board and who is authorized to manage the nurse midwifery care of newborns and women in the antepartum, intrapartum, postpartum, and/or gynecological periods.
(b) Certified registered nurse anesthetist or "CRNA" who is an advanced practice registered nurse educated in the field of nurse anesthesia and certified according to the requirements of a nationally recognized certifying body such as the Council on Certification of Nurse Anesthetists or the Council on Recertification of Nurse Anesthetists, as approved by the board and who is authorized to select and administer anesthetics or ancillary services to patients under their care.
(c) Clinical nurse specialist or "CNS" who is an advanced practice registered nurse educated in a recognized nursing specialty area who is certified according to the requirements of a nationally recognized certifying body such as the American Nurses Association's American Nurses Credentialing Center, as approved by the board and who is authorized to provide direct nursing care to a select population in a recognized nursing specialty area, and plans, guides, and directs care given by other nursing personnel.
(d) Nurse practitioner or "NP" who is an advanced practice registered nurse educated in a specified area of care and certified according to the requirements of a nationally recognized accrediting agency such as the American Nurses Association's American Nurses Credentialing Center, National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties, or the National Certification Board of Pediatric Nurse Practitioners and Nurses, or as approved by the board and who is authorized to provide primary, acute, or chronic care as an advanced nurse practitioner acting within his scope of practice to individuals, families, and other groups in a variety of settings including, but not limited to, homes, institutions, offices, industry, schools, and other community agencies.
(2) "Advanced practice registered nurse student" means any licensed registered nurse enrolled as a student in an educational program which prepares him for advanced practice of nursing which meets the board's criteria for advanced practice educational programs, and whose graduates are eligible for certification by a nationally recognized certifying body.
(3)(a) "Advanced practice registered nursing" means nursing by a certified registered nurse anesthetist, certified nurse midwife, clinical nurse specialist, or nurse practitioner which is based on knowledge and skills acquired in a basic nursing education program, licensure as a registered nurse, and a minimum of a master's degree with a concentration in the respective advanced practice nursing specialty which includes both didactic and clinical components, advanced knowledge in nursing theory, physical and psychosocial assessment, nursing interventions, and management of health care. Advanced practice registered nursing includes:
(i) Assessing patients, analyzing and synthesizing data, and knowledge of and applying nursing principles at an advanced level.
(ii) Providing guidance and teaching.
(iii) Working with patients and families in meeting health care needs.
(iv) Collaborating with other health care providers.
(v) Managing patients' physical and psychosocial health-illness status with regard to nursing care.
(vi) Utilizing research skills.
(vii) Analyzing multiple sources of data and identifying and performing certain acts of medical diagnosis in accordance with the collaborative practice agreement.
(viii) Making decisions in solving patient care problems and selecting treatment regimens in collaboration with a licensed physician, dentist, or other health care provider as indicated.
(ix) Consulting with or referring patients to licensed physicians, dentists, and other health care providers in accordance with a collaborative practice agreement.
(b) Advanced practice registered nursing may include certain acts of medical diagnosis, in accordance with R.S. 37:913(8) and (9), or medical prescriptions of therapeutic or corrective nature, prescribing assessment studies, legend and certain controlled drugs, therapeutic regimens, medical devices and appliances, receiving and distributing a therapeutic regimen of prepackaged drugs prepared and labeled by a licensed pharmacist, and free samples supplied by a drug manufacturer, and distributing drugs for administration to and use by other individuals within the scope of practice as defined by the board and in accordance with this Paragraph.
(4) "Approved program" means a nursing education program approved by the board.
(5) "Authorized prescriber" means a licensed physician, dentist, or other health care provider authorized by law to prescribe drugs, medications, medical devices or appliances, and health care regimens.
(6) "Board" means the Louisiana State Board of Nursing.
(6.1) "Clinical phase of nursing education" means those nursing courses that require a student to provide nursing care, under faculty supervision, to individuals, families, and communities in diverse health care settings.
(7) "Collaboration" means a cooperative working relationship with licensed physicians, dentists, or other health care providers to jointly contribute to providing patient care and may include but not be limited to discussion of a patient's diagnosis and cooperation in the management and delivery of health care with each provider performing those activities that he is legally authorized to perform.
(8) "Collaborative practice" means the joint management of the health care of a patient by an advanced practice registered nurse performing advanced practice registered nursing and one or more consulting physicians or dentists. Except as otherwise provided in R.S. 37:930, acts of medical diagnosis and prescription by an advanced practice registered nurse shall be in accordance with a collaborative practice agreement.
(9) "Collaborative practice agreement" means a formal written statement addressing the parameters of the collaborative practice which are mutually agreed upon by the advanced practice registered nurse and one or more licensed physicians or dentists which shall include but not be limited to the following provisions:
(a) Availability of the collaborating physician or dentist for consultation or referral, or both.
(b) Methods of management of the collaborative practice which shall include clinical practice guidelines.
(c) Coverage of the health care needs of a patient during any absence of the advanced practice registered nurse, physician, or dentist.
(10) "Endorsement" means certification of an applicant who is duly licensed as a registered nurse or advanced practice registered nurse in another state, territory, or country for licensure to practice as a registered nurse or advanced practice registered nurse in this state.
(11) "Nationally recognized certifying body" means a national certification organization which certifies qualified licensed nurses as advanced practice registered nurses and which requires certain eligibility criteria related to education and practice, offers an examination in an advanced nursing area which meets current psychometric guidelines and tests, and is approved by the board.
(12) "Nursing diagnosis" means the identification of actual or potential responses to health needs or problems based on collecting, analyzing, and comparing data with appropriate nursing standards to serve as the basis for indicating nursing care or for which referral to appropriate medical or community resources is necessary.
(13) "Practice of nursing" means the performance, with or without compensation, by an individual licensed by the board as a registered nurse, of functions requiring specialized knowledge and skills derived from the biological, physical, and behavioral sciences. The practice of nursing or registered nursing shall not be deemed to include acts of medical diagnosis or medical prescriptions of therapeutic or corrective nature.
(14) "Registered nursing" means the practice of the scope of nursing which is appropriate to the individual's educational level, knowledge, skills, and abilities, including:
(a) Assessing the health status of an individual or group of individuals.
(b) Establishing a nursing diagnosis and identifying health care needs, or both.
(c) Establishing goals to meet identified health care needs.
(d) Planning nursing care measures.
(e) Implementing nursing care through such services as case finding, health instruction, health counseling, providing care supportive to or restorative of life and well-being, and executing health care regimens as prescribed by licensed physicians, dentists, optometrists, or other authorized prescribers.
(f) Delegating nursing interventions to qualified nursing personnel in accordance with criteria established by the board.
(g) Maintaining nursing care rendered directly or indirectly.
(h) Evaluating human responses to interventions.
(i) Teaching the theory and practice of nursing.
(j) Managing and supervising the practice of nursing.
(k) Collaborating with licensed physicians, dentists, optometrists, and other health care providers in the management of health care.
(l) Performing additional acts which are recognized within standards of nursing practice and which are authorized by the board.
(15) "Registered nurse" means any individual licensed under this Part to engage in the practice of nursing as defined in Paragraph (14) of this Section.
(16) "Student nurse" means any individual who is enrolled in an approved program preparing for licensure as a registered nurse.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 1995, No. 1209, §1; Acts 1997, No. 720, §1, eff. July 9, 1997; Acts 1999, No. 315, §1, eff. June 16, 1999; Acts 2001, No. 480, §1; Acts 2003, No. 1094, §1, eff. July 2, 2003.
§914. Louisiana State Board of Nursing; appointment of members; term of office; vacancy; officers; compensation
A. The Louisiana State Board of Nursing is hereby created within the Department of Health and Hospitals and subject to the provisions of R.S. 36:803.
B.(1) The board shall be composed of eight registered nurses appointed by the governor from a list of names submitted by the Louisiana State Nurses Association, one certified registered nurse anesthetist appointed by the governor from a list of names submitted by the Louisiana Association of Nurse Anesthetists, Ltd. and two physicians, appointed by the governor from a list of names submitted by the Louisiana State Medical Society, who shall serve as ex officio members of the board and shall serve only as advisors to the board and shall not vote.
(2) Each appointment by the governor shall be subject to Senate confirmation.
C.(1) Effective January 1, 1996, board members shall serve the following staggered terms:
(a) One nursing service administrator for a term of two years and one nursing service administrator for a term of three years.
(b) Two nursing educators for a term of two years and one nursing educator for a term of one year.
(c) Three members who are engaged in other areas of nurse practice; one for a term of one year, one for a term of two years, and one for a term of three years.
(d) One advanced practice registered nurse for a term of four years.
(e) One physician for a term of two years, and one physician for a term of three years.
(2) Thereafter, each individual appointed to the board shall serve a term of four years.
(3)(a) Any board member serving on January 1, 1996, shall thereafter be appointed for no more than two consecutive four-year terms.
(b) On or after January 1, 1996, no individual shall be appointed to serve more than two consecutive four-year terms.
(4) The effective date of appointment or reappointment of a member shall coincide with the expiration date of the previous term.
(5) Each member shall serve until his successor has been appointed and confirmed.
(6) Upon the expiration of the term of any member or in the event of a vacancy for any reason, the appropriate nominating organization shall submit to the governor the names of two qualified persons for each vacancy to be filled.
(7) A vacancy occurring on the board for any reason shall be filled in the same manner as the original appointment was made. However, members appointed to fill vacancies shall serve only for the unexpired term of their predecessors.
D. The board shall elect a president, vice president, and such other officers as it considers necessary to carry out the duties and functions of the board.
E. Each member of the board shall receive seventy-five dollars a day and reimbursement for actual expenses and mileage at the same rate set by the division of administration for state employees under the provisions of R.S. 39:231 for each day in actual attendance at board meetings or for representing the board in an official board-approved activity.
Acts 1976, No. 351, §1. Amended by Acts 1977, No. 684, §5; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 2004, No. 733, §2, eff. Jan. 1, 2005.
§915. Removal of board members
Any member may be removed from the board by the governor or a majority vote of the board after notice and a hearing by the board wherein grounds for removal have been established, and the removal is recommended by the Louisiana State Nurses Association. Grounds for removal shall include but not be limited to incompetence, neglect of duty, or unprofessional or dishonorable conduct.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
§916. Qualifications of board members
A. Each member of the board shall:
(1) Be a citizen of the United States and a resident of Louisiana for one year immediately prior to appointment.
(2) Hold a current, unencumbered, unrestricted, Louisiana license to practice as a registered nurse.
(3) Have had three years experience in respective field of practice.
(4) Be actively engaged in the practice of nursing as a registered nurse at time of appointment.
B. In addition to the qualifications in Subsection A, at least two members of the board shall have a minimum of a bachelor of science degree in nursing.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
§917. Composition of board
The board shall be composed of two members who are nursing service administrators, three members who are nurse educators, three members who are in other areas of nursing practice, and one advanced practice registered nurse. In addition, there shall be two physicians as ex officio members of the board to serve as non-voting advisors to the board.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996.
§918. Duties and powers of the board
The board shall:
(1) Establish and publish minimum curriculum requirements and standards for individuals seeking to be licensed under this Part.
(2) Approve nursing education programs whose graduates meet the licensing requirements of the board.
(3) Provide for hearings for nurse educational programs when approval is denied or withdrawn.
(4) Establish and publish standards of nursing practice and education in accordance with those developed and accepted by the profession.
(5) Examine, approve, renew, and reinstate licenses of duly qualified applicants and establish examination procedures for such purposes.