Bill Text: HI SB1322 | 2024 | Regular Session | Introduced
Bill Title: Relating To Nurses Licensed In Another Jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1322 Detail]
Download: Hawaii-2024-SB1322-Introduced.html
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THE SENATE |
S.B. NO. |
1322 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NURSES LICENSED IN ANOTHER JURISDICTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§457- Temporary permit. (a) The board may issue a temporary permit to an out-of-state licensed practical nurse or registered nurse who has applied and met the following requirements:
(1) Completed
an application on a form prescribed by the board;
(2) Paid
all fees established by title 16, chapter 53, Hawaii Administrative Rules, that
are made applicable to board of nursing;
(3) Provided
proof of a valid and unencumbered license in another state, territory, or
country by way of a license verification from the other state, territory, or
country or Nursys license verification report pursuant to section 16-89-16(2),
Hawaii Administrative Rules;
(4) Completed the fingerprinting
requirement for a federal and state criminal record check; and
(5) Submitted
to the board a certified copy of the self-query report from the National
Practitioners Databank.
(b) An individual who currently holds a
multistate license issued by another state may also meet the requirements for a
temporary permit; provided the individual has met the following requirements:
(1) Completed an application on a form
prescribed by the board;
(2) Paid all fees established by title
16, chapter 53, Hawaii Administrative Rules, that are made applicable to board
of nursing;
(3) Provided proof of a valid and
unencumbered multistate license in another state, territory, or country by way
of a Nursys license verification report pursuant to section 16-89-16(2), Hawaii
Administrative Rules. For purposes of
this section, a "multistate license" means a license to practice as a
licensed practical nurse or registered nurse issued by a home state licensing
board that authorizes the licensed nurse to practice in all party states under
a multistate licensure privilege;
(4) Submitted to the board a certified
copy of the self-query report from the National Practitioners Databank.
(c) A temporary permit may only be
issued to an applicant who has been appointed or accepted employment with a
single
health
care entity listed in section 321-11(10).
(d)
A temporary permit shall be valid only for a period of six
months from the date of issuance. In no
case shall a permit issued hereunder be valid for more than a period of six
months from the date of issuance. A new
and separate temporary permit may be issued provided that the requirements of
subsection (a) or (b) have been satisfied."
SECTION 2. Section 457-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Licenses shall be granted either by:
(1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a registered nurse; or
(2) Endorsement: The board may issue a license to practice
nursing as a registered nurse by endorsement to an applicant who has been
licensed as a registered nurse under the laws of another state, territory, or
foreign country if the applicant has an unencumbered license and, in the
opinion of the board, the applicant meets the qualifications required of the
registered nurses in this State at the time of graduation. [Pending verification of a valid,
unencumbered license from another state, territory, or foreign country, a
temporary permit may be issued for employment with a Hawaii employer.]"
SECTION 3. Section 457-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Licenses shall be granted either by:
(1) Examination: The applicant shall be required to pass a written examination in nursing subjects as determined by the board. Upon the applicant's passage of the examination and compliance with the applicable requirements of this chapter and the rules of the board, the board shall issue to the applicant a license to practice nursing as a licensed practical nurse; or
(2) Endorsement: The board may issue a license to practice
nursing as a licensed practical nurse by endorsement to any applicant who has
been licensed as a licensed practical nurse, or a person entitled to perform
similar services under a different title, under the laws of another state,
territory, or foreign country if the applicant has an unencumbered license and,
in the opinion of the board, the applicant meets the requirements for licensed
practical nurses in this State at the time of graduation. [Pending verification of a valid,
unencumbered license from another state, territory, or foreign country, a
temporary permit may be issued for employment with a Hawaii employer.]"
SECTION 4. Section 457-13, Hawaii Revised Statutes, is amended to read as follows:
"§457-13 Exceptions. This chapter does not prohibit:
(1) The furnishing of nursing assistance in an emergency;
(2) The practice of nursing that is incidental to the program of study engaged in by students enrolled in nursing education programs accredited by the board;
[(3) The practice of nursing under a
nonrenewable permit by:
(A) A graduate of; or
(B) An
applicant who has provided proof that the applicant has completed the entire
educational curriculum required for graduation for a nursing license from,
a school that is in or under the
jurisdiction of the United States, a territory, or a foreign jurisdiction, and
whose accreditation is recognized by the board; provided that following
completion of (A) or (B), the candidate takes the first licensing examination
scheduled by any board of nursing recognized by the board and has submitted to
the board an application for a license to practice nursing in the State; and
provided further that the permit shall be valid for three months or until the
results of the licensing examination are received by the board;
(4)] (3) The practice of any legally qualified nurse of
another state who is employed by the United States or any bureau, division, or
agency thereof, while in the discharge of the nurse's official duties;
[(5)] (4) The practice of nursing in connection with
healing by prayer or spiritual means alone in accordance with the tenets and
practice of any well recognized church or religious denomination, provided that
no person practicing such nursing claims to practice as a registered nurse or a
licensed practical nurse; [or
(6)] (5) The administration of oral and topical
medication and in emergency situations, other premeasured medication, by school
health aides as provided in section 302A-853[.]; or
(6) The practice of nursing by a nurse licensed in another state, territory, or a foreign country who is accompanying a patient or patients from out-of-state, for a period of less than two weeks and who is not employed by or affiliated with a Hawaii health care entity."
SECTION 5. The department of commerce and consumer affairs may adopt interim rules to establish fees for the administration of this Act. All fees collected shall be deposited to the credit of the compliance resolution fund established pursuant to section 26-9(o), Hawaii Revised Statutes. Fees assessed shall be used to carry out the purposes of this Act without regard to chapter 91 or 201M, Hawaii Revised Statutes; provided that:
(1) The department shall hold at least one public hearing prior to the adoption of interim rules; and
(2) The interim rules shall be effective for no more than one year after their adoption.
SECTION 6. The department of commerce and consumer affairs may employ necessary personnel without regard to chapter 76, Hawaii Revised Statutes, including one full-time permanent office assistant, for the purposes of this Act.
SECTION 7. There is appropriated out of the general revenues of the state of Hawaii the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the compliance resolution fund.
SECTION 8. There is appropriated out of the compliance resolution fund the sum of $78,426 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to implement the regulation of nurses as required by this Act.
The sums appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Nurses; Registered Nurses; Licensed Practical Nurses; Licenses; Endorsement; Temporary Permits; Exceptions
Description:
Allows for temporary permits to be issued to registered nurses and licensed practical nurses, and revises the exemptions for license.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
