Table of Contents
Part XLVII. Nurses: Practical Nurses and Registered Nurses1
Subpart 1. Practical Nurses1
Chapter 1. Foreword 1
§101. Foreword 1
Chapter 3. Board of Practical Nurse Examiners 1
§301. Organization 1
§303. Additional Duties and Powers of the Board 1
§305. Procedure for Adoption of Rules 2
§306. Adjudication Proceedings 2
§307. Disclosure of Financial Interests and Prohibition on Remuneration for Patient Referrals 5
§308. Preventing Transmission of Hepatitis B Virus (HBV) and Human Immunodeficiency
Virus (HIV) to Patients during Exposure-Prone Invasive Procedures 6
§309. Declaratory Order and Rulings 8
§311. Advisory Committee 8
Chapter 5. Definitions 9
§501. Terms in the Manual 9
Chapter 7. Program Establishment 9
§701. Initial Request 9
§703. Initial Requirements 10
§705. Initial Survey 10
§707. Application and Approval 10
§709. Nontraditional Program 11
Chapter 9. Program Projection 11
Subchapter A. Faculty and Staff 11
§901. Faculty 11
§903. Faculty Responsibilities 11
§905. Staffing 11
§907. Faculty Meetings 12
Subchapter B. Advisory Committee 12
§911. Formation 12
§913. Meetings, Minutes 12
Subchapter C. Records 12
§917. Protection 12
Subchapter D. Program Policies 12
§921. Approval 12
§923. Development and Implementation of Policies and Procedures 12
Subchapter E. Curriculum Requirements 13
§927. Development 13
§929. Outline and Rotation Plan 13
§931. Length of Program 13
§933. Curriculum 13
Subchapter F. Admissions 14
§937. Regular Admissions 14
§939. Advanced Standing 14
§941. Withdrawals 15
Subchapter G. School Records 15
§945. Student Records 15
§947. Faculty Records 15
§949. General Records 15
Subchapter H. Board Reports and Records 15
§953. Periodic Reports 15
Chapter 11. Program Progression 16
§1101. Program Changes 16
§1103. Teaching Methods 16
§1105. Student and Program Evaluation 16
Chapter 13. Program Approval and Accreditation 16
§1301. General Information 16
§1303. Board Survey Objectives 16
§1305. Types of Approval 17
Chapter 15. Discontinuation of a Program 17
§1501. Voluntary 17
§1503. Involuntary 18
Chapter 17. Licensure 18
§1701. Qualifications 18
§1703. Types of Licensure 19
§1705. Temporary Permit 19
§1707. Retirement from Practice 20
§1709. Name Change 20
§1711. Address Change 20
§1713. Verification of License 20
§1715. Approved Fees 20
Subpart 2. Registered Nurses
Chapter 31. Introductory Information 23
§3101. Statement of Purpose 23
§3103. Purpose of Rules 23
§3105. History 23
§3107. Philosophy 23
Chapter 33. General 24
Subchapter A. Board of Nursing 24
§3301. Implementation of the Nurse Practice Act 24
§3303. Officers of the Board 24
§3305. Official Office of the Board 24
§3307. Meetings of the Board 24
§3308. Public Comment at Meetings of the Board 25
§3309. Powers and Duties of the Board 25
Subchapter B. Rule Making Process; Declaratory Statements/Advisory Opinions 25
§3319. Adoption of Rules and Regulations 25
§3321. Declaratory Statements/Advisory Opinions of the Board 26
Subchapter C. Registration and Registered Nurse Licensure 26
§3323. Registration and Licensure 26
§3324. Permission to Enroll or Progress in Undergraduate Clinical Nursing Courses 26
§3325. Licensure by Examination 27
§3327. Licensure by Endorsement 28
§3328. Temporary Permits 28
§3329. Temporary Permits 29
§3330. Criminal History Record Information 30
§3331. Denial or Delay of Licensure, Licensure by Endorsement, Reinstatement, or the Right to Practice Nursing as a Student Nurse 31
§3333. Renewal of License 33
§3335. Continuing Education―Nursing Practice 34
§3337. Change of Status 39
§3339. Verification of Licensure 39
§3341. Fees for Registration and Licensure 39
Chapter 34. Disciplinary Proceedings; Alternative to Disciplinary Proceedings 40
§3401. Disciplinary Proceedings before the Board 40
§3403. Proceedings against a Registered Nurse, Advanced Practice Registered Nurse, Registered Nurse Applicant, APRN Applicant or a Student Nurse 40
§3405. Definition of Terms 41
§3407. Disciplinary Process and Procedures 42
§3409. Formal Disciplinary Action 43
§3411. Formal Hearing 43
§3413. Appeal from Board Decision 47
§3415. Reinstatement of License 47
§3417. Proceedings against a Nursing Education Program 47
§3419. Alternative to Disciplinary Proceedings 47
Chapter 35. Undergraduate and Graduate Nursing Education Degree Programs 50
§3501. Duties of the Board Directly Related to Undergraduate and Graduate Nursing Education Degree Programs 50
§3503. Definitions 51
§3505. Approval of Undergraduate and Graduate Nursing Education Degree Programs 53
§3507. Purposes of Approval of Undergraduate and Graduate Nursing Education Degree
Programs 54
§3509. Types of Approval of Undergraduate and Graduate Nursing Education Degree Programs 54
§3511. Standards and Requirements for Undergraduate and Graduate Nursing Education Degree Programs: Mission/Philosophy and Goals 54
§3513. Administration, Organization, Control of Undergraduate and Graduate Nursing Education Degree Programs 54
§3515. Faculty and Faculty Organization of Undergraduate and Graduate Nursing Education
Degree Programs 55
§3517. Student Policies and Services: Undergraduate and Graduate Nursing Education Degree Programs 56
§3519. Facilities, Resources, Services for Undergraduate and Graduate Nursing Education
Degree Programs 57
§3521. Curriculum: Undergraduate and Graduate Nursing Education Degree Programs 57
§3523. Major/Substantive Changes: Undergraduate and Graduate Nursing Education Degree Programs (Formerly §§3525 and 3537) 58
§3525. Continuous Quality Improvement: Undergraduate and Graduate Nursing Education
Degree Programs (Formerly §3523) 60
§3527. Records and Reports: Undergraduate and Graduate Nursing Education Degree Programs 60
§3529. Selection and Use of Clinical Facilities: Undergraduate and Graduate Nursing Education Degree Programs 61
§3531. Procedure for Terminating Undergraduate and Graduate Nursing Education Degree Programs 61
§3533. Procedure for Establishing a New Undergraduate or Graduate Education Degree
Program 62
§3535. Procedure of Continuing Full Approval: Undergraduate and Graduate Nursing Education Degree Programs 64
§3537. Procedure for Restructuring an Existing Undergraduate or Graduate Nursing Education Degree Program into/within Higher Education (Formerly §3534) 65
§3539. Procedure for Approval for Undergraduate and Graduate Nursing Education Degree Programs whose Administrative Control is Located in Another State Offering Programs, Courses, and/or Clinical Experience in Louisiana (Formerly §3536) 65
§3541. Procedure for Submitting Required Reports and Compliance Forms by Undergraduate
and Graduate Nursing Education Degree Programs (Formerly §3539) 67
§3543. Preceptorship Learning Experiences (Formerly §3541) 67
§3545. Undergraduate Community-Based Learning Experiences (Formerly §3542) 68
§3547. Undergraduate and Graduate Nursing Education Degree Programs not Leading to
Additional Licensure or APRN Certification 69
Chapter 36. Disclosure of Financial Interests and Prohibited Payments 69
§3601. Scope 69
§3603. Definitions and Construction 69
Subchapter A. Disclosure of Financial Interests by Referring Health Care Providers 70
§3605. Required Disclosure of Financial Interests 70
§3607. Prohibited Arrangements 70
§3609. Form of Disclosure 70
§3611. Effect of Violation; Sanctions 70
Subchapter B. Prohibited Payments 70
§3613. Prohibition of Payments for Referrals 70
§3615. Exceptions 71
§3617. Effect of Violation 71
§3619. Appendix―Financial Interest Disclosure Form 71
Chapter 37. Nursing Practice 71
§3701. Duties of the Board Directly Related to Nursing Practice as Cited in R.S. 37:918 71
§3703. Definition of Terms Applying to Nursing Practice 72
§3705. Administration of Anesthetic Agents 74
§3707. Peripherally Inserted Central Catheter (PICC) Insertion and Removal 75
§3709. Delegation of Medication Administration to Unlicensed Assistive Personnel in
Outpatient Clinic Settings 76
Chapter 39. Legal Standards of Nursing Practice 78
§3901. Legal Standards 78
§3903. Standard Number 1: Collection and Recording Individual's Health Status 78
§3905. Standard Number 2: Analysis of Health Status Data 79
§3907. Standard Number 3: Priorities and Actions for Nursing Care 79
§3909. Standard Number 4: Implementation of Nursing Care Plan 79
§3911. Standard Number 5: Evaluation of Nursing Care Plan 79
§3913. Standard Number 6: Continuous Process of Reassessment and Modification 80
§3915. Standard Number 7: Professional Performance 80
Chapter 40. Prevention of Transmission of Hepatitis B Virus (HBV), Hepatitis C Virus (HCV) and Human Immunodeficiency Virus (HIV) 80
§4001. Definitions 80
§4003. Standard Precautions 81
§4005. Self-Reporting 82
§4007. Authorization to Perform or Participate in Exposure-Prone Procedures 82
Chapter 43. Employment of Unlicensed Persons 83
§4303. Employment of Student Nurses and Unsuccessful Candidates on the State Board
Licensing Examination (NCLEX-RN) 83
Chapter 45. Advanced Practice Registered Nurses 83
§4501. Introduction 83
§4503. Titles 83
§4505. Definitions 84
§4507. Licensure as Advanced Practice Registered Nurse 87
§4511. Advanced Practice Registered Nurse Professional Certification Programs 90
§4513. Authorized Practice 90
§4515. Continued Competence of Advanced Practice Registered Nurses 95
§4517. Additional Standards for Each Advanced Practice Nurse Category 95
Title 46, Part XLVII
Title 46
PROFESSIONAL AND OCCUPATIONAL STANDARDS
Part XLVII. Nurses: Practical Nurses and Registered Nurses
Subpart 1. Practical Nurses
Title 46, Part XLVII
Chapter 1. Foreword
§101. Foreword
A. This manual of administrative rules and minimum requirements contains the approved rules and regulations of the Louisiana State Board of Practical Nurse Examiners relating to practical nurse education, the development, progression and discontinuation of practical nursing programs, and practical nurse licensure in the state of Louisiana. These rules and requirements have been adopted and promulgated in accordance with the law relating to the practice of practical nursing with the authorization vested in the board by the Louisiana Revised Statutes of 1950, Title 37, Chapter 11. Nurses, Part II. Practical Nurses, Section 961 et seq., as amended.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:961 et seq.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Practical Nurse Examiners, LR 3:192 (April 1977), amended LR 5:355 (November 1979), LR 10:335 (April 1984), amended by the Department of Health and Hospitals, Board of Practical Nurse Examiners, LR 18:1126 (October 1992), repromulgated LR 18:1259 (November 1992), amended LR 26:2614 (November 2000).
Chapter 3. Board of Practical Nurse Examiners
§301. Organization
A. The Louisiana State Board of Practical Nurse Examiners consists of members appointed by the Governor and is the regulatory agency created by statute to act with legal authority on matters related to practical nursing education and the practice of practical nursing in Louisiana as determined by the Louisiana Revised Statutes, Title 37, Section 961 et seq., as amended.
B. Public comment shall be allowed at open meetings of the board subject to the following rules.
1. Public comment shall be limited to matters set by the board's agenda for discussion at that meeting.
2. Public comment shall be limited to three minutes per individual unless a majority of the board members in attendance vote to extend this limit.
3. Anyone wishing to offer public comment under these rules must present a written request prior to the convening of the meeting. This request must include the name of the individual who will make public comment, the name of the party this individual represents, and the specific agenda item the individual will address. A separate request must be completed for each agenda item to be addressed.
4. The time(s) at which public comment is allowed as to any given agenda item shall be subject to the discretion of the board chair and may vary from meeting to meeting.
5. Unless otherwise provided by law, public comment is not part of the evidentiary record of any adjudication, disciplinary hearing or case unless sworn, offered by a party as relevant testimony, subject to cross examination and offered and received in accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., and these rules and regulations of the Louisiana State Board of Practical Nurse Examiners.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:969, and 37:962 as amended Act 272, 1982 and Act 642, 1990.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Practical Nurse Examiners, LR 3:192 (April 1977), amended LR 5:355 (November 1979), LR 10:335 (April 1984), amended by the Department of Health and Hospitals, Board of Practical Nurse Examiners, LR 18:1126 (October 1992), repromulgated LR 18:1259 (November 1992), amended LR 26:2614 (November 2000), LR 30:1478 (July 2004).
§303. Additional Duties and Powers of the Board
A. In accordance with the Louisiana Statutes, Title 37, Section 969, the board shall have all such powers and duties as written. In addition the board shall:
1. appoint an executive director and associate executive director who shall be professional nurses currently licensed in the state of Louisiana and who shall serve as the executive staff of the board. The executive director, or in her absence the associate executive director, serves as the appointing authority of the board;
2. adopt, amend or repeal rules in accordance with procedures set forth in the provisions of the R.S. 49:950 et seq.;
3. determine the passing score for the practical nursing licensure examination.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:969.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Practical Nurse Examiners, LR 3:193 (April 1977), amended LR 10:335 (April 1984), amended by the Department of Health and Hospitals, Board of Practical Nurse Examiners, LR 26:2614 (November 2000), LR 28:2353 (November 2002), LR 29:127 (February 2003), LR 30:1478 (July 2004).
§305. Procedure for Adoption of Rules
A. All rules of the board shall be adopted, amended or repealed in accordance with the Administrative Procedure Act, R.S. 49:950 et seq.
B. The board, on its own motion or on the petition of any interested person, may request the promulgation, amendment, or repeal of a rule.
1. Such petition shall:
a. be in writing;
b. state the name and address of its author;
c. contain a statement of either the terms or substance of the proposed rule, amendment, or repeal;
d. state the reasons or grounds for the proposed rule, amendment, or repeal;
e. include any data, views or arguments in support of the rules, amendment, or repeal.
2. The board shall consider the petition within 90 days after receipt of said petition, at which time the board shall deny the petition in writing, stating reasons therefore, or shall initiate rulemaking proceedings in accordance with this Part.
AUTHORITY NOTE: Promulgated in accordance with R.S. 37:969.
HISTORICAL NOTE: Promulgated by the Department of Health and Human Resources, Board of Practical Nurse Examiners, LR 2:274 (September 1976), amended LR 3:193 (April 1977), LR 10:336 (April 1984), LR 26:2614 (November 2000).
§306. Adjudication Proceedings
A. All adjudication proceedings (as defined in R.S. 49:951) conducted by the board shall be in accordance with the Administrative Procedure Act, R.S. 49:955 et seq.
B. All proceedings calling for disciplinary action, as set forth in R.S. 37:969(4) or as set forth in this Section 306(R), regarding a license, shall begin with the receipt by the board of allegation(s) pertaining to the violation(s) of any provisions of R.S. 37:961 et seq., as stated in that statute, or any provision of these rules and regulations of the Louisiana State Board of Practical Nurse Examiners.