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2016 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 54.1-3000, 54.1-3005, and 54.1-3013 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 2 of Chapter 30 of Title 54.1 a section numbered 54.1-3018.1 as follows:
§ 54.1-3000. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Board of Nursing.
"Certified nurse aide" means a person who meets the qualifications specified in this article and who is currently certified by the Board.
"Clinical nurse specialist" means a person an
advanced practice registered nurse who meets the requirements set forth
in § 54.1-3018.1 and who is currently registered by the Board in
addition to holding a license under the provisions of this chapter to practice
professional nursing as defined in this section. Such a person shall be
recognized as being able to provide advanced services according to the
specialized training received from a program approved by satisfactory
to the Board, but shall not be entitled to perform any act that is not
within the scope of practice of professional nursing.
"Certified massage therapist" means a person who meets the qualifications specified in this chapter and who is currently certified by the Board.
"Massage therapy" means the treatment of soft tissues for therapeutic purposes by the application of massage and bodywork techniques based on the manipulation or application of pressure to the muscular structure or soft tissues of the human body. The terms "massage therapy" and "therapeutic massage" do not include the diagnosis or treatment of illness or disease or any service or procedure for which a license to practice medicine, nursing, chiropractic therapy, physical therapy, occupational therapy, acupuncture, or podiatry is required by law.
"Nurse practitioner" means an advanced practice registered nurse who is jointly licensed by the Boards of Medicine and Nursing pursuant to § 54.1-2957.
"Practical nurse" or "licensed practical nurse" means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice practical nursing as defined in this section. Such a licensee shall be empowered to provide nursing services without compensation. The abbreviation "L.P.N." shall stand for such terms.
"Practical nursing" or "licensed practical nursing" means the performance for compensation of selected nursing acts in the care of individuals or groups who are ill, injured, or experiencing changes in normal health processes; in the maintenance of health; in the prevention of illness or disease; or, subject to such regulations as the Board may promulgate, in the teaching of those who are or will be nurse aides. Practical nursing or licensed practical nursing requires knowledge, judgment and skill in nursing procedures gained through prescribed education. Practical nursing or licensed practical nursing is performed under the direction or supervision of a licensed medical practitioner, a professional nurse, registered nurse or registered professional nurse or other licensed health professional authorized by regulations of the Board.
"Practice of a nurse aide" or "nurse aide practice" means the performance of services requiring the education, training, and skills specified in this chapter for certification as a nurse aide. Such services are performed under the supervision of a dentist, physician, podiatrist, professional nurse, licensed practical nurse, or other licensed health care professional acting within the scope of the requirements of his profession.
"Professional nurse," "registered nurse" or "registered professional nurse" means a person who is licensed or holds a multistate licensure privilege under the provisions of this chapter to practice professional nursing as defined in this section. Such a licensee shall be empowered to provide professional services without compensation, to promote health and to teach health to individuals and groups. The abbreviation "R.N." shall stand for such terms.
"Professional nursing," "registered nursing" or "registered professional nursing" means the performance for compensation of any nursing acts in the observation, care and counsel of individuals or groups who are ill, injured or experiencing changes in normal health processes or the maintenance of health; in the prevention of illness or disease; in the supervision and teaching of those who are or will be involved in nursing care; in the delegation of selected nursing tasks and procedures to appropriately trained unlicensed persons as determined by the Board; or in the administration of medications and treatments as prescribed by any person authorized by law to prescribe such medications and treatment. Professional nursing, registered nursing and registered professional nursing require specialized education, judgment, and skill based upon knowledge and application of principles from the biological, physical, social, behavioral and nursing sciences.
§ 54.1-3005. Specific powers and duties of Board.
In addition to the general powers and duties conferred in this title, the Board shall have the following specific powers and duties:
1. To prescribe minimum standards and approve curricula for educational programs preparing persons for licensure or certification under this chapter;
2. To approve programs that meet the requirements of this chapter and of the Board;
3. To provide consultation service for educational programs as requested;
4. To provide for periodic surveys of educational programs;
5. To deny or withdraw approval from educational programs for failure to meet prescribed standards;
6. To provide consultation regarding nursing practice for institutions and agencies as requested and investigate illegal nursing practices;
7. To keep a record of all its proceedings;
8. To certify and maintain a registry of all certified nurse aides and to promulgate regulations consistent with federal law and regulation. The Board shall require all schools to demonstrate their compliance with § 54.1-3006.2 upon application for approval or reapproval, during an on-site visit, or in response to a complaint or a report of noncompliance. The Board may impose a fee pursuant to § 54.1-2401 for any violation thereof. Such regulations may include standards for the authority of licensed practical nurses to teach nurse aides;
9. To approve programs that entitle professional nurses to
be registered as clinical nurse specialists and to prescribe minimum standards
for such programs;
10. To maintain a registry of clinical nurse
specialists and to promulgate regulations governing clinical nurse specialists;
11. 10. To certify and maintain a registry of
all certified massage therapists and to promulgate regulations governing the
criteria for certification as a massage therapist and the standards of
professional conduct for certified massage therapists;
12. 11. To promulgate regulations for the
delegation of certain nursing tasks and procedures not involving assessment,
evaluation or nursing judgment to an appropriately trained unlicensed person by
and under the supervision of a registered nurse, who retains responsibility and
accountability for such delegation;
13. 12. To develop and revise as may be
necessary, in coordination with the Boards of Medicine and Education,
guidelines for the training of employees of a school board in the
administration of insulin and glucagon for the purpose of assisting with
routine insulin injections and providing emergency treatment for
life-threatening hypoglycemia. The first set of such guidelines shall be
finalized by September 1, 1999, and shall be made available to local school
boards for a fee not to exceed the costs of publication;
14. 13. To enter into the Nurse Licensure
Compact as set forth in this chapter and to promulgate regulations for its
implementation;
15. 14. To collect, store and make available
nursing workforce information regarding the various categories of nurses
certified, licensed or registered pursuant to § 54.1-3012.1;
16. 15. To expedite application processing, to
the extent possible, for an applicant for licensure or certification by the
Board upon submission of evidence that the applicant, who is licensed or
certified in another state, is relocating to the Commonwealth pursuant to a
spouse's official military orders;
17. 16. To register medication aides and
promulgate regulations governing the criteria for such registration and
standards of conduct for medication aides;
18. 17. To approve training programs for
medication aides to include requirements for instructional personnel,
curriculum, continuing education, and a competency evaluation;
19. 18. To set guidelines for the collection of
data by all approved nursing education programs and to compile this data in an
annual report. The data shall include but not be limited to enrollment,
graduation rate, attrition rate, and number of qualified applicants who are
denied admission;
20. 19. To develop, in consultation with the
Board of Pharmacy, guidelines for the training of employees of child day
programs as defined in § 63.2-100 and regulated by the State Board of Social
Services in the administration of prescription drugs as defined in the Drug
Control Act (§ 54.1-3400 et seq.). Such training programs shall be taught by a
registered nurse, licensed practical nurse, doctor of medicine or osteopathic
medicine, or pharmacist;
21. 20. In order to protect the privacy and
security of health professionals licensed, registered or certified under this
chapter, to promulgate regulations permitting use on identification badges of
first name and first letter only of last name and appropriate title when
practicing in hospital emergency departments, in psychiatric and mental health
units and programs, or in health care facility units offering treatment for
patients in custody of state or local law-enforcement agencies;
22. 21. To revise, as may be necessary,
guidelines for seizure management, in coordination with the Board of Medicine,
including the list of rescue medications for students with epilepsy and other
seizure disorders in the public schools. The revised guidelines shall be
finalized and made available to the Board of Education by August 1, 2010. The
guidelines shall then be posted on the Department of Education's website; and
23. 22. To promulgate, together with the Board
of Medicine, regulations governing the licensure of nurse practitioners
pursuant to § 54.1-2957.
§ 54.1-3013. Approval of nursing education program.
An institution desiring to conduct a nursing education program
to prepare professional or practical nurses or clinical nurse specialists
shall apply to the Board and submit evidence that:
1. It is prepared to meet the minimum standards prescribed by
the Board for either a professional nursing curriculum, a clinical nurse
specialist curriculum or a practical nursing curriculum; and
2. It is prepared to meet such other standards as may be established by law or by the Board.
A survey of the institution and its entire nursing education
program shall be made by the administrative officer or other authorized
employee of the Board, who shall submit a written report of the survey to the
Board. If, in the opinion of the Board, the requirements necessary for approval
are met, it shall be approved as a nursing education program for professional
or practical nurses or clinical nurse specialists.
New nursing education programs shall not be established or conducted unless approved by the Board.
§ 54.1-3018.1. Registration of clinical nurse specialists.
The Board may register an applicant as a clinical nurse specialist if the applicant:
1. Holds a valid license to practice professional nursing pursuant to this article; and
2. Has successfully completed a graduate-level clinical nurse specialist program within a regionally accredited college or university that meets all educational qualifications and standards established by national certification guidelines and holds a national clinical nurse specialist certification that prepares the professional nurse to deliver advanced nursing services.