Administrative Rule Review Report  #AR09-035

Legislative Service Office

29-Jun-09

 

AGENCY:                                         Board of Nursing.

 

DATE SUBMITTED:                         June 22, 2009.

 

SUBJECT:                                         Chapter III, Standards of Nursing Practice; Chapter VII, Certified Nursing Assistant/Nurse Aid; Chapter VIII, Practice and Procedures; and Chapter IX, Delegation and Assignment.

 

NATURE OF RULES:                        Legislative, procedural

 

STATUTORY AUTHORITY:            W.S. 33-21-119 through 33-21-157

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  The board previously had submitted rule on Chapters 1 through 9 for permanent adoption.  Those rules were reviewed on April 27, 2009 (AR09-21).  However, the board is withdrawing the rule changes to chapters 1, 2, 4, 5 and 6, and the changes to chapters 3, 7, 8 and 9 are being resubmitted with the same changes.  A new rule letter was sent to the prime sponsor of the legislation that prompted these rules and the standing committee that acted on the rules on October 25, 2007.  No comments were received concerning these rules.

 

SUMMARY OF RULES:  The rules being amended establish the qualifications and standards of performance for nurses and nursing assistants practicing in Wyoming.  The rules are amended to conform with the changes to statute adopted by the Legislature in 2005 Senate File 93.  The rules in chapter 3 are amended to clarify what standards that a licensed professional nurse will be held to.  The rules are also amended to clarify the standards that a licensed practical nurse will be held to.  Chapter 7 of the rules is amended to clarify the requirements for certification and skills of nursing assistants.  The rules in chapter 7 are amended to remove references to nurse aides.  The rules in chapter 8 are amended to clarify the process used to review applications of prospective licensees and to determine and administer disciplinary action against licensees.

 

Chapter 9 of the rules is a new chapter.  The new rules establish criteria for the safe delegation of nursing tasks.  The rules provide what level of supervision and accountability that the registered nurse must retain and establish certain tasks that may not be delegated.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the consent list and be approved by the Council as submitted by the Board.

 

                                                                        _______________________

                                                                        Joshua Anderson

                                                                        Staff Attorney

 

                                                                        _______________________

                                                                        Dan J. Pauli

                                                                        Director

JDA/