Bill Text: HI SB63 | 2024 | Regular Session | Amended
Bill Title: Relating To Nurses.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Engrossed) 2024-04-26 - Forty-eight (48) hours notice Wednesday, 05-01-24. [SB63 Detail]
Download: Hawaii-2024-SB63-Amended.html
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THE SENATE |
S.B. NO. |
63 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO NURSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§457- Temporary permit. (a)
The board may issue a temporary permit to a practical nurse or
registered nurse licensed in another jurisdiction who:
(1) Completes
an application on a form prescribed by the board;
(2) Pays
all applicable fees to the board as prescribed by administrative rules;
(3) Provides
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 as prescribed by administrative
rules;
(4) Completes the fingerprinting
requirement for a federal and state criminal record check; and
(5) Submits
a certified copy of the self-query report issued by the National Practitioner
Data Bank to the board.
(b) The board may issue a temporary permit to an
individual who currently holds a multistate license issued by another state, territory,
or county; provided that the individual:
(1) Completes an application on a form
prescribed by the board;
(2) Pays all applicable fees to the
board as prescribed by administrative rules;
(3) Provides proof of a valid and
unencumbered multistate license in another state, territory, or country by way
of a Nursys license verification report as prescribed by administrative rules. For purposes of this subsection, 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; and
(4) Submits to the board a certified
copy of the self-query report issued by the National Practitioner Data Bank.
(c) A temporary permit shall be issued only to an
applicant who has been appointed or accepted employment with a single health care entity in the
State listed in section 321-11(10).
(d) Notwithstanding sections 457-7 and 457-8, an
out-of-state registered nurse or licensed practical nurse may apply for a
license to practice as a registered nurse or licensed practical nurse
simultaneously with an application for a temporary permit based on the
requirements of subsections (a) and (b).
(e) A temporary permit shall be valid only for a period
of six months from the date of issuance; provided that if an out-of-state
licensed practical nurse or registered nurse has submitted an application to
practice as a licensed practical nurse or registered nurse simultaneously with
an application for a temporary permit, the temporary permit issued pursuant to
this section shall be valid until the time the board approves the application
to practice as a licensed practical nurse or registered nurse. If an out-of-state licensed practical nurse
or registered nurse has not submitted an application to practice as a licensed
practical nurse or registered nurse simultaneously with an application for a
temporary permit, a new and separate temporary permit may be issued; provided
that the requirements of subsections (a) or (b) have been satisfied as
applicable.
(f)
An application for a temporary permit shall be approved within seven
business days of the date the completed application is received by the board;
provided that all criteria in subsections (a) or (b) have been met."
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 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 country who is accompanying a patient or patients from out of state for less than two weeks and who is not employed by or affiliated with a health care entity in the State."
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 into 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 chapters 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
$ 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 $
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 on December 31, 2050.
Report Title:
Nurses; Registered Nurses; Practical Nurses; Board of Nursing; Licenses; Endorsement; Temporary Permits; Exceptions
Description:
Allows the Board of Nursing to issue temporary permits for six-month periods to registered nurses and practical nurses licensed in another jurisdiction under certain circumstances, and excepts from license requirements nurses who are licensed in another state, territory, or country accompanying a patient from out-of-state for a period of less than two weeks and not employed or affiliated with a health care facility in the State. Allows an out-of-state registered nurse or licensed practical nurse to simultaneously apply for a license to practice and a temporary permit, and in such circumstances, extends the validity of a temporary permit until the Board of Nursing approves the application to practice. Effective 12/31/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
