pennsylvania nurse practice act delegation

667.6); and 23 Pa.C.S. 5329; amended June 12, 1992, effective immediately and applies to biennial renewals commencing May 1, 1992, 22 Pa.B. If supporting material is not provided within 12 months of the date of application, the applicant will be required to file a new application and remit the certification fee. (d)Courses in areas impacting the practice of professional nursing, such as nursing administration, management, education, and diagnostic and procedural coding are acceptable. (5)Proposed curriculum design based on sound educational concepts and including detailed course descriptions and identification of clinical practice. (f)Interpretations adopted by the Board under this chapter will be reviewed for form and legality under Chapter 3 of the Commonwealth Attorneys Act (71 P.S. CPEContinuing professional education, required by the act for biennial license renewal. 2063; reserved December 25, 1987, effective December 26, 1987, 17 Pa.B. 4755; amended July 26, 2019, effective July 27, 2019, 49 Pa.B. (f)Evening and night assignments shall be considered part of the curriculum only in terms of the objectives to be achieved and if supervision is provided by the nursing faculty. In addition to providing information requested by the Board, the applicant shall provide: (1)An executed verification on forms provided by the Board certifying that the applicant intends to practice nursing exclusively: (i)Without personal remuneration for professional services. 2061. This section cited in 49 Pa. Code 21.721 (relating to qualifications for licensure); and 49 Pa. Code 21.723 (relating to license renewal). (3)Provisional. (c)An LDN shall notify the Board of disciplinary action in the nature of a final order taken against the LDNs license by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action or on the biennial renewal application under 21.723, whichever is sooner. Section 2 of the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law, is amended by adding a definition to read: Section 2. The provisions of this 21.822 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. Immediately preceding text appears at serial pages (261722) and (209951). The student evaluative process must: (i)Be evident in the course outlines provided to students at the beginning of each course. 224). Performing health screenings. Immediately preceding text appears at serial page (351271). This section cited in 49 Pa. Code 21.705 (relating to fees); and 49 Pa. Code 21.723 (relating to license renewal). (i)The CRNP has practiced, for at least 1 of the last 3 years, as a CRNP with prescriptive authority in another jurisdiction. 1984); reversed in part 499 A.2d 289 (Pa. 1995); on remand 505 A.2d 359 (Pa. Cmwlth. (5)Emergency prescriptions. 659 and 667.6). Stephens v. State Board of Nursing, 657 A.2d 71 (Pa. 221(b) and 221.2); and section 22.1 of the Podiatry Practice Act (63 P.S. Laws & Rules. A CNS who is already certified by the Board may apply for an additional certification. As a condition of biennial renewal of prescriptive authority approval, a CRNP shall complete a minimum of 16 of the 30 hours of Board-approved continuing education in pharmacology in the 2 years prior to renewal. This section cited in 49 Pa. Code 21.33a (relating to failure to comply with standards). The provisions of this 21.368 issued under sections 6.1 and 8.1 of The Professional Nursing Law (63 P.S. (4)The nursing education program will be provided an opportunity to appear at a hearing to demonstrate why approval should not be withdrawn. 1984); reversed in part 499 A.2d 289 (Pa. 1995); on remand 505 A.2d 359 (Pa. Cmwlth. The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 2677; reserved December 16, 2016, effective December 17, 2016, 46 Pa.B. (h)The director or coordinator and nursing faculty of the program shall be afforded the time and opportunity to engage in leadership activities within their profession as are commensurate with their educational responsibilities. Immediately preceding text appears at serial page (9717). Practical nurse programs require approval for the following reasons: (1)To safeguard the preparation of practical nurses, and to assure safe standards of nursing practice in this Commonwealth. Immediately preceding text appears at serial pages (30261) to (30262). 218.5(e)). The provisions of this 21.203 amended under section 506 of The Administrative Code of 1929 (71 P.S. 4996; amended December 15, 1989, effective February 14, 1990, 19 Pa.B. (5)Performance of maintenance. 211225); and the Practical Nurse Law (63 P.S. The provisions of this 21.162a adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. 71017503), by releasing information necessary to complete the report. 218.5(c)(2)) during the period the certification is on inactive status. 658). Immediately preceding text appears at serial page (9691). 1984); reversed in part 499 A.2d 289 (Pa. 1995); on remand 505 A.2d 359 (Pa. Cmwlth. 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. 2677. In other practice settings, before commencing treatment that involves prescribing, administering or dispensing a controlled substance, an initial medical history shall be taken and an initial physical examination shall be conducted unless emergency circumstances justify otherwise. (vi)Volunteering information to a patient about ones sexual problems, preferences or fantasies. (b)The nurse administrators credentials shall be submitted to the Board for approval. 6994. (c)The Board will send a written report of recommendations or requirements, or both, including compliance deadlines, based on the CRNP programs compliance review, to the CRNP program. In a health care facility regulated by the Department of Health, the Department of Public Welfare or the Federal government, an initial medical history shall be taken and an initial physical examination shall be conducted to the extent required by the Department of Health in 28 Pa. Code (relating to health and safety) or Department of Public Welfare in 55 Pa. Code (relating to public welfare) or the Federal government in appropriate Federal regulations, whichever is applicable, and bylaws of the health care facility and its medical staff. (10)Administer IV medications for the purpose of procedural sedation or anesthesia. 2677; amended September 16, 1983, effective September 17, 1983, 13 Pa.B. (15)Direct access of implantable devices. 9799.24 (relating to assessments) or any of its predecessors; (III)has been determined to be a sexually violent delinquent child as defined in 42 Pa.C.S. (b)Policies and rules of procedure governing the faculty organization shall be in written form and periodically reviewed by the faculty. Safe, competent nursing practice is grounded in the law as written in the state nurse practice act (NPA) and the state rules/regulations. The physical examination must include an evaluation of the heart, lungs, vital signs, pain level, and body functions that relate to the patients specific complaint. 2829. Documentation of completion of continuing education requirements must be maintained for 5 years. 201; amended September 16, 1983, effective September 17, 1983, 13 Pa.B. This section cited in 49 Pa. Code 21.413 (relating to interpretations regarding the administration of drugsstatement of policy); and 49 Pa. Code 21.803 (relating to applicability of rules relating to professional nurses). (a)Survey visits will be made of basic practical nursing programs conducted in hospitals, community colleges, universities and public school districts and vocational education programs under the Department of Education. The provisions of this 21.29b adopted December 16, 2016, effective December 17, 2016, 46 Pa.B. 212.1(k) and 222(a)). (i)If the standards of this subchapter are not met within the designated time, the nursing education program will be removed from the approved list as provided in 21.34 (relating to removal from approved list). (a)The Board grants the following types of approval to nursing education programs: (1)Initial. 186). (ii)Determine contraindications for the administration of specific immunizing and skin testing agents. The advanced nursing practice core must include the following content: (i)Advanced health/physical assessment. 90-158 through 90-171.18: Recodified as 90-171.19 through 90-171.47. Collaborative agreementThe written and signed agreement between a CRNP and a collaborating physician in which they agree to the details of their collaboration including the elements in the definition of collaboration. This definition is not intended to limit in any way the practice of practical nursing as defined in the Practical Nurse Law (63 P.S. 1.1.1.2 Represent the Board at the National Council of State Boards of Nursing (NCSBN) Delegate Assembly as a voting delegate, certain professional and/or community functions, and regional or national meetings, or shall designate a member or the Executive Director to represent the Board; (b)Exception. (2)Discriminate, while providing nursing services, on the basis of age, marital status, sex, sexual preference, race, religion, diagnosis, socioeconomic status or disability. Peripheral short catheterA venous access device less than 3 inches (7.5 cm) in length. (10)Document and maintain accurate records in accordance with the acceptable and prevailing standard of recordkeeping. During each biennial renewal period, the licensee shall notify the Board of any change in clinic or volunteer status within 30 days of the date of a change, or at the time of renewal, whichever occurs first. (5)Activities sponsored by regionally-accredited institutions of higher education. CCNECommission on Collegiate Nursing EducationThe organization recognized by the United States Secretary of Education as a National accreditation agency that provides a nongovernmental peer review process in accordance with Nationally recognized standards established for the practice of accreditation in the United States. (d)When communicating with the Board, licensees shall identify themselves by full name, current address and license number. (c)Members of the faculty shall participate in the activities of the faculty organization in ways consistent with their rank and responsibilities. (4)The administration of intrathecal medications by an externalized ventriculoperitoneal shunt. 3125 (relating to aggravated indecent assault). (H)Indecent exposure as defined in 18 Pa.C.S. (b)The Board will place a CRNP program on provisional approval status if, as evidenced by the compliance review or other information, the program is not in compliance with the Boards regulations. 3345; reserved December 25, 1987, effective December 26, 1987, 17 Pa.B. An individual whose supporting documentation has not been received by the Board at least 90 days prior to the expiration date of the temporary practice permit shall submit, within 10 days of receiving notice of the deficiency from the Board, a detailed written explanation of why the supporting documentation has not been supplied to the Board in a timely manner. Immediately preceding text appears at serial page (26492). If the controlling agency also closes, advice should be obtained from the Board concerning the permanent safekeeping and availability of the records of the practical nursing program. (vi)Creating a likelihood of sexual abuse or exploitation of a child through any recent act or failure to act. (2)Faculty members without a graduate degree in nursing shall be designated faculty assistants. A clinical agency is one in which clinical experience can be obtained. 6319, has been convicted of a prior offense under 23 Pa.C.S. (a)The curriculum shall be developed, implemented and evaluated by the faculty and shall implement the philosophy and objectives of the school. These standards of nursing conduct provide a definite warning to a licensee, in addition to the provisions of the law as interpreted by the State Board of Nursing, of what may constitute unprofessional conduct by setting forth an ascertainable standard against which conduct can be measured. The provisions of this 21.156a adopted June 18, 1993, effective June 19, 1993, 23 Pa.B. A study of delegation to home care workers conducted by AARP in 2016 found that 16 states allowed delegation of all 16 tasks inventoried, including . (c)The curriculum must provide for both clinical and theoretical experiences. This section cited in 49 Pa. Code 21.5 (relating to fees); and 49 Pa. Code 21.822 (relating to biennial renewal of certification). (2)Continuous evaluation of instructional procedures, learning experiences and student progress. (b)Notice of the renewal period of a license will be sent to each active licensee prior to the expiration date of the licensees license. (b)The LPN administers medication and carries out the therapeutic treatment ordered for the patient in accordance with the following: (1)The LPN may accept a written order for medication and therapeutic treatment from a practitioner authorized by law and by facility policy to issue orders for medical and therapeutic measures. (a)Certification by endorsement. Two things limit the independent scope of nursing practice: Task/practice must be within the field of nursing, and; RN must possess the specialized knowledge, judgment, and skill required to complete the job/task undertaken. 211225.5). 667.6), unless otherwise noted. Immediately preceding text appears at serial pages (30261). (3)Official transcript from the applicants nurse practitioner program, including degree awarded. The provisions of this 21.723a adopted October 16, 2015, effective October 17, 2015, 45 Pa.B. A registered nurse whose license had lapsed or had been placed on inactive status shall comply with 21.30a or 21.156a (relating to continued competency). The provisions of this 21.181 amended July 1, 1983, effective July 2, 1983, 13 Pa.B. The provisions of this 21.605 amended under section 2.1(k) of The Professional Nursing Law (63 P.S. 2677. (4)National pharmaceutical organizations and their state and local affiliates. 2677. Signed into law May 21, 2013: Act 16 of 2016. 1165. (c)Students admitted to CRNP programs shall have successfully completed the equivalent of a baccalaureate degree in nursing from an accredited institution of higher learning in a nursing program. National certificationCertification by a Board-recognized National certification organization which required passing a nurse practitioner National certifying examination in a specialty. 2061. The provisions of this 21.20 added March 25, 2022, effective March 26, 2022, 52 Pa.B. 216.1 and 218.1). Graduate registered nurseAn individual who has graduated from an approved program of professional nursing in this Commonwealth or a comparable program in another state. BoardThe State Board of Nursing of the Commonwealth. (e)An applicant for licensure by endorsement shall demonstrate proficiency in English by submitting proof that the applicants nursing education program was conducted in English or that the applicant received a passing score on a Board-approved English proficiency examination unless the applicant has met this requirement in satisfaction of 21.7(b)(2) (relating to temporary practice permits). (b)For purposes of this section, cooperation means a process in which the nurse anesthetist and the surgeon work together with each contributing an area of expertise, at their individual and respective levels of education and training. The provisions of this 21.131 issued under sections 2.1(k) and 12.1 of The Professional Nursing Law (63 P.S. (14)Other information requested in writing by the Board. 222) during the biennial period immediately preceding the application for renewal in accordance with 21.13121.134 (relating to continuing education). The provisions of this 21.724 amended December 16, 2016, effective December 17, 2016, 46 Pa.B. Minnesota Board of Nursing 1210 Northland Drive Suite 120 Mendota Heights, MN 55120 Phone: 612-317-3000 Fax: 651-688-1841 Email: [email protected] 3281; amended August 24, 2012, effective August 25, 2012, 42 Pa.B. 212.1(k)). Immediately preceding text appears at serial page (26504). (a)When a program closes, the college or university is responsible for the safekeeping of the records of students for at least 50 years after graduation of the last class. 610, unless otherwise noted. (iii)The projected cost of the CRNP program including costs for faculty, clinical teaching resources, educational supplies, office supplies, and the like, and sufficient evidence of stable financial support. CNSCertified Nutrition SpecialistThe title given to individuals who meet the requirements of the CBNS. (1)A candidate may take the licensing examination as many times as necessary to pass the licensure examination. 186); and section 8 of the Practical Nurse Law (63 P.S. (c)Falsification of information required under this section or failure to complete the continuing education requirements by those who continue to practice as CNSs may result in the institution of formal disciplinary action under section 14(a)(3) of the act (63 P.S. 5391, unless otherwise noted. (ii)Letters of intent from the cooperating agencies indicating positive commitment to the CRNP program and the availability of sufficient clinical resources to meet the educational requirements of the CRNP program. 811. 667.6); and 23 Pa.C.S. The provisions of this 21.605 amended March 25, 2022, effective March 26, 2022, 52 Pa.B. (f)Carry over. 216(b)(1)(4)), which include: (2)Receipt of a baccalaureate or higher degree from a Board-approved program or equivalent program as set forth in section 5(b) and (c) of the act (63 P.S. 667.6); and 23 Pa.C.S. (c)CRNPs may obtain credit for continuing education hours on an individual basis if the CRNP, prior to attendance at the course, obtains Board approval by submitting a request for course approval and supporting documentation listed in 21.336(b). 6383(b)(2). This section cited in 49 Pa.B. These written policies and procedures shall be available to the nurse. (3)A Board-approved diploma nursing education program may transition to a degree-granting nursing education program under the authority of a university or college pursuing regional accreditation and will be known as a program in transition. The provisions of this 21.34 amended under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. Nurses most frequently delegate tasks to LPN's (Licensed . 212.1(k)). 222.1(k)); section 17.6 of the Practical Nurse Law (63 P.S. An applicant for certification shall hold a current, unrestricted license as a professional nurse in this Commonwealth. (2)Beginning on October 1, 2009, a nursing education program shall achieve and maintain a minimum pass rate of 70% or more of its first-time examinees during an examination year. (d)Student employment. (3)Specialty content. The provisions of this 21.154 amended under section 506 of The Administrative Code of 1929 (71 P.S. The standard of nursing conduct promulgated by these regulations provides a definite warning to a licensee, in addition to the provisions of the law as interpreted by the Board of Nursing, of what may constitute unprofessional conduct by setting forth an ascertainable standard against which conduct can be measured. (d)Packaging. The provisions of this 21.125 adopted October 22, 1976, effective October 23, 1976, 6 Pa.B. 659 and 667.6). (C)A paramour or former paramour of the childs parent. 5943; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. Contact our Communications Department at 717-798-8942 or email to receive the kit. Immediately preceding text appears at serial page (396910). The provisions of this 21.33a adopted April 24, 2009, effective April 25, 2009, 39 Pa.B. Immediately preceding text appears at serial pages (385257) to (385258). The minimum faculty and clerical personnel required in each program is as follows: (1)A full-time nurse director or nurse coordinator. (2)One academic quarter course is equivalent to 10 continuing education hours. (3)Adequate storage space for general supplies and equipment. Immediately preceding text appears at serial page (9716). (3)Additional assignments relative to the functions and responsibilities of the faculty member; such as guidance of students, student evaluation, program revision, participation in activities of faculty organization. 21.828 (relating to CNS responsibilities). (v)Residency and Fellowship programs which are at the post baccalaureate level, and are sponsored by a United States regionally accredited college or university, or an institution accredited/approved by the Joint Committee on Accreditation of Healthcare Organizations or the National Committee for Quality Assurance. 5634; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. A record system essential to the operation of the program shall be maintained. (b)The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Immediately preceding text appears at serial page (319577). 216.2(c)(1)). The provisions of this 21.28 amended under 2.1(k) of The Professional Nursing Law (63 P.S. 212.1); reserved under section 2.1(k) of The Professional Nursing Law (63 P.S. Program bulletins shall: (i)Be comprehensive and current since they serve as contracts of agreement between the applicant or student and the program. (c)Upon approval of a course, the Board will assign a course number and determine the number of hours awarded. (3)Changing a subclavian catheter over guidewire after it had been placed by a physician. 7822. 6994. 186); and section 8 of the Practical Nurse Law (63 P.S. Sexual improprietyThe term includes the following offenses: (ii)Exposing a patients body or watching a patient dress or undress, unless the patient specifically requests assistance. The provisions of this 21.191 amended March 25, 1977, effective March 26, 1977, 7 Pa.B. (3)The certified nurse anesthetist is authorized to administer anesthesia in cooperation with a surgeon or dentist. 2103. 211225.5), which establishes standards for nursing schools and the conduct of nursing programs. Open Document. The nurse administrator shall have experience in nursing practice, nursing education and administration. (ii)Shall include clearly defined refund policies governing fees and tuition paid by the students. (ii)The patients care needs surpass the LPNs knowledge, skill or ability. (2)The registered nurse is certified as a Registered Nurse Anesthetist by the Council on Certification or on Recertification of Nurse Anesthetists of the American Association of Nurse Anesthetists. 216.2(a)). 8372 (December 31, 2022). 3796; amended October 16, 2015, effective October 17, 2015, 45 Pa.B. The following nursing practices fall within the scope of registered nursing practice under 21.11 and 21.12 (relating to general functions; and venipuncture; intravenous fluids): (1)Introduction of percutaneous catheters for intravascular infusion of infant intensive care unit. 222.1(k)); section 17.6 of the Practical Nurse Law (63 P.S. This section cited in 28 Pa. Code 107.12a (relating to specified professional personnelstatement of policy). (a)Professional samples. 667.6); and 23 Pa.C.S. (ii)Remit the fee specified in 21.147. 2063, unless otherwise noted. Student records shall conform with the following: (i)Permanent record, on students admitted, including both clinical and theoretical experience and achievement shall be kept ad infinitum. Immediately preceding text appears at serial page (352041). The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: The provisions of this 21.126 adopted December 10, 1982, effective December 11, 1982, 12 Pa.B. (5)Be kept at the primary practice location of the CRNP and a copy filed with the Bureau of Professional and Occupational Affairs. (vii)Causing serious physical neglect of a child. (a)Initial certification. (12)Make respiratory and occupational therapy referrals. The Board will make available a list of Board-approved English proficiency examinations on its web site. This section cited in 49 Pa. Code 21.7 (relating to temporary practice permits); 49 Pa. Code 21.20 (relating to licensure by examination); and 49 Pa. Code 21.21 (relating to application for examination). The provisions of this 21.251 adopted July 22, 1977, effective July 23, 1977, 7 Pa.B. The rules/regulations are found in the sections or chapters of the state administrative code. The Board may consider sexual relationships between the dietitian-nutritionist and the patient occurring prior to the professional relationship. Delegation The Pennsylvania Nurse Practice Act contains no delegation language. (e)The total curriculum shall include a minimum of 1500 hours offered within a time period of not less than 12 months. The Board may grant initial approval to a new nursing education program, with evidence that the standards of this subchapter are being met, for a period of time necessary to evaluate the results of the licensing examination by the first cohort of graduates. Advanced pharmacology shall be taught in a separate or dedicated 3-credit or 45-hour course. 2061. (1)Submit an annual report detailing the progress of the transition to the Board. 6383(b)(2). 1916. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The provisions of this 21.363 issued under sections 6.1 and 8.1 of The Professional Nursing Law (63 P.S. This section cited in 49 Pa. Code 21.147 (relating to fees). 3345; reserved December 25, 1987, effective December 26, 1987, 17 Pa.B. The provisions of this 21.222 amended March 25, 1977, effective March 26, 1977, 7 Pa.B. (5)Professional role content. The provisions of this 21.401 adopted February 20, 1987, effective February 21, 1987, 17 Pa.B. The controlling agency desiring to establish or conduct an approved program of practical nursing shall submit a written proposal to the Board. (d)The objectives of the nursing program shall be consistent with the purposes of the educational unit. 841; amended July 1, 1983, effective July 2, 1983, 13 Pa.B. (3)The techniques for administering the therapy have been established by a committee of licensed physicians and registered nurses within the employing agency. 2829; amended July 11, 2008, effective July 12, 2008, 38 Pa.B. PSNA Supported: Passed 200-0 and Enacted: This resolution establishes a task force on opioid prescription drug proliferation, creates an advisory committee and studies its impact on heroin use in the Commonwealth. (b)Policies and rules of procedure of the faculty organization shall be in written form and shall be reviewed periodically by the faculty. A temporary practice permit granted under this section is valid for up to 1 year from the date of issuance, unless extended under paragraphs (3) and (4), and immediately expires if the applicant fails the licensing examination. The provisions of this 21.149 issued under sections 3.1 and 17.6 of the Practical Nurse Law (63 P.S. (k)The failure of a program to cooperate with the Board by failing to provide requested information or reports, by refusing or limiting a site visit, or by refusing to adhere to restrictions mandated by the Board will be considered a violation of the standards for nursing education programs and may result in immediate referral of the program to the prosecution division to consider formal action to remove the program from the approved list as provided in 21.34. Prescription drugs shall be dispensed in accordance with Federal regulations pertaining to packaging. Certificates of attendance and other documentation of completion of continuing education requirements must be maintained for 5 years. 186); and section 8 of the Practical Nurse Law (63 P.S. It depends upon the complexity of the task to be delegated. (b)Cooperating agencies outside of this Commonwealth shall be subject to the following: (1)The state board of nursing of the state in which the cooperating agency is located shall be contacted to determine the approval status of that agency in that state. (emphasis added) The Department of Education, CSPG #101, Utilization of Paraprofessional Staff states: "Paraprofessionals serving as health room aides or other non-professional school district employees shall not be directed to engage in health-related activities reserved exclusively for licensed professionals and controlled by the Nurse Practice Act or other medically related laws.". A registered nurse whose license is not renewed by the expiration of the biennial period may not engage in the practice of professional nursing until the continuing education requirements are satisfied and the license has been renewed, reinstated or reactivated.