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2016 SESSION
16101031DBe 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 personan
advanced practice registered nurse who is
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 the Board, but shall not be entitled to perform any act
that is not within the scope of practice of professional nursing meets the
requirements set forth in § 54.1-3018.1 and who is currently registered by the
Board.
"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 an approved graduate-level clinical nurse specialist program that meets all educational qualifications and standards as established by national certification requirements.