New laws that may affect your nursing practice

Nevada RNformation, Aug 2003

This is a brief analysis of the health care related laws passed by the Nevada Legislature that may impact your nursing practice.

Nursing Specific Legislation

SB 93 "Authorizes State Board of Nursing to allow certain persons to practice nursing in this state without license issued by Board"

While this bill died in the assembly commerce committee, discussion of it is included here because this was an issue of great interest to nurses in Nevada. The Nevada Nurses Association worked collaboratively with the Nevada State Board of Nursing and supported compromise language that would have preserved the integrity of Nevada's nurse licensure system and therefore delivered supportive testimony on this bill. While there was a significant amount of support for the measure and the bill passed out of the senate, a hearing was never scheduled in the assembly, so pursuant to Nevada law, the bill was declared "dead" on May 16. The Nevada State Board of Nursing has indicated that they may bring this issue back to the legislature in 2005, but a firm determination has not yet been made. We will continue to monitor this activity closely and will continue to keep you informed of emerging news on this issue.

AB 53 "Enhances criminal penalty for committing assault or battery upon certain providers of health care"

AB 53 was passed by both houses of the Nevada Legislature and signed into law by Governor Guinn on April 25, 2003. This legislation adds health care workers to the list of occupations for which this enhanced penalty applies. Assault on a health care worker in the course of performing his/her occupation will now be punishable as a class D felony.

AB 313 "Directs Legislative Committee on Health Care to appoint subcommittee to conduct interim study of staffing of system for delivery of health care in Nevada"

Assembly Bill 313 (Nurse Staffing) was amended from a bill that would have dictated specific nurse staffing ratios to one that directs the Interim Heath Care Committee to study the development of appropriate staffing mechanisms in Nevada's health care facilities. The interim study must: use national models; evaluate the current requirements in Nevada for staffing the health care system; evaluate the required methods of recordkeeping relating to staffing & patient care; identify conditions under which nurses may refuse work assignments without jeopardizing the quality of patient care; survey staffing of the system that is required by the (State) Bureau of Licensure & Certification, the JCAHO & any other state or federal law concerning medical facilities; evaluate the practices of recruitment & retention of staff that are used by medical facilities in Nevada; & make recommendations for the next legislature. The Subcommittee will have an advisory group of persons from the following: Nevada Nurses Association; Bureau of Licensure & Certification; Nevada Hospital Association; State Board of Nursing; Nevada State Medical Association; two organizations that represent the interests of nursing selected by the Chairman; University and Community College System of NV; Nevada Rural Hospital Flexibility Program Partners; Nevada Area Health Education Center; and Health Insight.

Funding to double enrollment in Nevada's schools of nursing:

Funding to double enrollment in Nevada's Schools of Nursing has received broad base support by a variety of health care organizations and entities. This funding is contingent upon the University and Community College System of Nevada (UCCSN) being funded at a percentage exceeding the level at which it has been funded in recent biennia. As of the date of this article, the funding IS pres-. ent within the appropriations act that was passed by the legislature and has been signed by the governor. Providing that this funding remains intact, Nevada's schools of nursing will take steps to accept additional students as early as this fall. However, the legislature is currently meeting in special session and has not yet passed a tax package that will fund the current budget. Several members of both houses of the legislature are demanding that the appropriations be re-opened to allow them to trim expenses, rather than increase taxes. Governor Guinn has, thus far, held to his commitment not to re-open previously approved spending bills. The legislature has reached a stalemate, and is currently in the hands of the courts. The end result of the special session is yet to be determined. If the budgets are reopened, it is likely that UCCSN budgets will be targeted. We will be continuing to monitor these activities and will update the Board if action becomes necessary.

SB83 "Expands circumstances under which registered nurses are authorized to dispense dangerous drugs"

The bill expands the circumstances (previously limited to pharmacists and RNs in correctional facilities, RNs in State public health programs, medical interns,APNs) under which RNs are authorized to dispense dangerous drugs to include dispensing such drugs to patients at rural clinics operated by the Division of Mental Health & Developmental Services if the nurses are providing mental health services at the rural clinics. It authorizes the State Board of Pharmacy to adopt regulations to effect this change in policy.