To: Public Health and Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2015 By: Senator(s) Burton
SENATE BILL NO. 2096
AN ACT TO AMEND SECTIONS 73-15-5 AND 73-15-20, MISSISSIPPI 1
CODE OF 1972, TO DELETE THE REQUIREMENT THAT ADVANCED PRACTICE 2
REGISTERED NURSES MUST PRACTICE WITHIN A COLLABORATIVE OR 3
CONSULTATIVE RELATIONSHIP WITH A PHYSICIAN OR DENTIST; AND FOR 4
RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 73-15-5, Mississippi Code of 1972, is
7
amended as follows: 8
73-15-5. (1) "Board" means the Mississippi Board of 9
Nursing. 10
(2) The "practice of nursing" by a registered nurse means 11
the performance for compensation of services which requires 12
substantial knowledge of the biological, physical, behavioral, 13
psychological and sociological sciences and of nursing theory as 14
the basis for assessment, diagnosis, planning, intervention and 15
evaluation in the promotion and maintenance of health; management 16
of individuals' responses to illness, injury or infirmity; the 17
restoration of optimum function; or the achievement of a dignified 18
administration, teaching, counseling, delegation and supervision 20
of nursing, and execution of the medical regimen, including the 21
administration of medications and treatments prescribed by any 22
licensed or legally authorized physician or dentist. The 23
foregoing shall not be deemed to include acts of medical diagnosis 24
or prescriptions of medical, therapeutic or corrective measures, 25
except as may be set forth by rules and regulations promulgated 26
and implemented by the Mississippi Board of Nursing. 27
(3) "Clinical nurse specialist practice" by a certified 28
clinical nurse specialist means the delivery of advanced practice 29
nursing care to individuals or groups using advanced diagnostic 30
and assessment skills to manage and improve the health status of 31
individuals and families; diagnose human responses to actual or 32
potential health problems; plan for health promotion, disease 33
prevention, and therapeutic intervention in collaboration with the 34
patient or client; implement therapeutic interventions based on 35
the nurse specialist's area of expertise and within the scope of 36
advanced * * * registered nurse practice, including, but not 37
limited to, direct patient care, counseling, teaching, 38
collaboration with other licensed health care providers; and, 39
coordination of health care as necessary and appropriate and 40
evaluation of the effectiveness of care. 41
(4) "Advanced * * * registered nurse practice" means, in 42
addition to the practice of professional nursing, the performance 43
of graduate education and experience are appropriately performed 45
by an advanced practice registered nurse. The advanced practice 46
registered nurse may diagnose, treat and manage medical 47
conditions. This may include prescriptive authority as identified 48
by the board. Advanced practice registered nurses must 49
practice * * * within the framework of a standing protocol or 50
practice guidelines, as appropriate and which have been approved 51
by the board. 52
(5) The "practice of nursing" by a licensed practical nurse 53
means the performance for compensation of services requiring basic 54
knowledge of the biological, physical, behavioral, psychological 55
and sociological sciences and of nursing procedures which do not 56
require the substantial skill, judgment and knowledge required of 57
a registered nurse. These services are performed under the 58
direction of a registered nurse or a licensed physician or 59
licensed dentist and utilize standardized procedures in the 60
observation and care of the ill, injured and infirm; in the 61
maintenance of health; in action to safeguard life and health; and 62
in the administration of medications and treatments prescribed by 63
any licensed physician or licensed dentist authorized by state law 64
to prescribe. On a selected basis, and within safe limits, the 65
role of the licensed practical nurse shall be expanded by the 66
board under its rule-making authority to more complex procedures 67
and settings commensurate with additional preparation and 68
(6) A "license" means an authorization to practice nursing 70
as a registered nurse or a licensed practical nurse designated 71
herein. 72
(7) A "registered nurse" is a person who is licensed or 73
holds the privilege to practice under the provisions of this 74
article and who practices nursing as defined herein. "RN" is the 75
abbreviation for the title of Registered Nurse. 76
(8) A "licensed practical nurse" is a person who is licensed 77
or holds the privilege to practice under this article and who 78
practices practical nursing as defined herein. "LPN" is the 79
abbreviation for the title of Licensed Practical Nurse. 80
(9) A "registered nurse in clinical practice" is one who 81
functions in any health care delivery system which provides 82
nursing services. 83
(10) A "clinical nurse specialist" is a person who is 84
licensed or holds the privilege to practice under this article in 85
this state to practice professional nursing and who in this state 86
practices advanced nursing as defined * * * in subsection (4) of 87
this section. "CNS" is the abbreviation for the title of Clinical 88
Nurse Specialist. 89
(11) An "advanced practice registered nurse" or advanced 90
registered nurse practitioner is a person who is licensed or holds 91
the privilege to practice under this article and who is certified 92
in advanced registered nurse practice * * * or specialized nursing 93
certified registered nurse anesthetists and certified nurse 95
practitioners. "CNM" is the abbreviation for the title of 96
Certified Nurse Midwife, "CRNA" is the abbreviation for the title 97
of Certified Registered Nurse Anesthetist. "CNP" is the 98
abbreviation for the title of Certified Nurse Practitioner. 99
(12) A "nurse educator" is a registered nurse who meets the 100
criteria for faculty as set forth in a state-accredited program of 101
nursing for registered nurses, or a state-approved program of 102
nursing for licensed practical nurses, and who functions as a 103
faculty member. 104
(13) A "consumer representative" is a person representing 105
the interests of the general public, who may use services of a 106
health agency or health professional organization or its members 107
but who is neither a provider of health services, nor employed in 108
the health services field, nor holds a vested interest in the 109
provision of health services at any level, nor has an immediate 110
family member who holds vested interests in the provision of 111
health services at any level. 112
(14) "Privilege to practice" means the authorization to 113
practice nursing in the state as described in the Nurse Licensure 114
Compact provided for in Section 73-15-22. 115
(15) "Licensee" is a person who has been issued a license to 116
practice nursing in the state or who holds the privilege to 117
SECTION 2. Section 73-15-20, Mississippi Code of 1972, is
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amended as follows: 120
73-15-20. (1) Advanced practice registered nurses. Any 121
nurse desiring to be certified as an advanced * * * registered 122
nurse practitioner shall apply to the board and submit proof that 123
he or she holds a current license to practice professional nursing 124
and that he or she meets one or more of the following 125
requirements: 126
(a) Satisfactory completion of a formal post-basic 127
educational program of at least one (1) academic year, the primary 128
purpose of which is to prepare nurses for advanced or specialized 129
practice. 130
(b) Certification by a * * * nationally approved 131
certifying body. Such certification shall be required for initial 132
state certification and any recertification as a registered nurse 133
anesthetist, nurse practitioner or nurse midwife. The board may 134
by rule provide for provisional or temporary state certification 135
of graduate nurse practitioners for a period of time determined to 136
be appropriate for preparing and passing the National 137
Certification Examination. Those with provisional or temporary 138
certifications must practice under the direct supervision of a 139
licensed physician or a certified nurse practitioner or certified 140
(c) Graduation from a program leading to a master's or 142
post-master's degree in a nursing clinical specialty area with 143
preparation in specialized practitioner skills. 144
(2) Rulemaking. The board shall provide by rule the 145
appropriate requirements for advanced practice registered nurses 146
in the categories of certified registered nurse anesthetist, 147
certified nurse midwife and advanced practice registered nurse. 148
* * *
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( * * *3) Renewal. The board shall renew a license for an 150
advanced practice registered nurse every two (2) years in 151
even-numbered years upon receipt of the renewal application, fees 152
and protocol or practice guidelines. The board shall adopt rules 153
establishing procedures for license renewals. The board shall by 154
rule prescribe continuing education requirements for advanced 155
practice nurses not to exceed forty (40) hours biennially as a 156
condition for renewal of a license or certificate. 157
( * * *4) Reinstatement. Advanced practice registered 158
nurses may reinstate a lapsed privilege to practice upon 159
submitting documentation of a current active license to practice 160
professional nursing, a reinstatement application and fee, a 161
protocol or practice guidelines, documentation of current 162
certification as an advanced practice nurse in a designated area 163
of practice by a national certification organization recognized by 164
the board and documentation of at least forty (40) hours of 165
the nurse practitioner within the previous two-year period. The 167
board shall adopt rules establishing the procedure for 168
reinstatement. 169
( * * *5) Changes in status. The advanced practice 170
registered nurse shall notify the board immediately regarding 171
changes in * * * their practice site or change in practice, i.e., 172
currently practicing in one (1) certification and changing or 173
adding another category of certification. 174
( * * *6) Practice requirements. In today's health care 175
arena, the spirit of collaboration among health care providers is 176
imperative so that all patients can receive the highest level of 177
care possible. The board shall make periodic site visits to 178
assure that the health and safety of the public are being 179
protected. The advanced practice registered nurse shall practice: 180
(a) According to standards and guidelines of the 181
National Certification Organization. 182
* * *
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( * * *b) According to a board-approved protocol or 184
practice guidelines. 185
( * * *c) Advanced practice registered nurses 186
practicing as nurse anesthetists must practice according to 187
board-approved practice guidelines that address pre-anesthesia 188
preparation and evaluation; anesthesia induction, maintenance, and 189
emergence; post-anesthesia care; peri-anesthetic and clinical 190
* * *
192
( * * *d) Each * * * advanced practice registered nurse 193
shall include and implement a formal quality assurance/quality 194
improvement program, which shall be maintained on site and shall 195
be available for inspection by representatives of the board. This 196
quality assurance/quality improvement program must be sufficient 197
to provide a valid evaluation of the practice and be a valid basis 198
for change, if any. 199
( * * *e) Nurse practitioners may not write 200
prescriptions for, dispense or order the use of or administration 201
of any schedule of controlled substances except as contained in 202
this * * * article. 203
( * * *7) Prescribing controlled substances and medications. 204
Certified nurse midwives and certified nurse practitioners may 205
apply for controlled substance prescriptive authority * * *. 206
Certified nurse midwives and certified nurse practitioners who 207
have * * * received prescription authority from the board may 208
prescribe Schedules II-V. The words "administer," "controlled 209
substances" and "ultimate user," shall have the same meaning as 210
set forth in Section 41-29-105, unless the context otherwise 211
requires. The board shall promulgate rules governing prescribing 212
of controlled substances, including distribution, record keeping, 213
drug maintenance, labeling and distribution requirements and 214
prescription guidelines for controlled substances and all 215
the rules promulgated by the board shall constitute a violation of 217
Section 73-15-29(1)(f), (k) and (l) and shall be grounds for 218
disciplinary action. The prescribing, administering or 219
distributing of any legend drug or other medication in violation 220
of the rules promulgated by the board shall constitute a violation 221
of Section 73-15-29(1)(f), (k) and (l) and shall be grounds for 222
disciplinary action. 223
SECTION 3. This act shall take effect and be in force from
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