Stricken language would be deleted from and underlined language would be added to present law.
Act 872 of the Regular Session
1 State of Arkansas As Engrossed: S3/7/23 H3/13/23 H4/3/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 79
4
5 By: Senator K. Hammer
6 By: Representative L. Johnson
7
8 For An Act To Be Entitled
9 AN ACT TO ALLOW FULL INDEPENDENT PRACTICE AUTHORITY
10 FOR CLINICAL NURSE SPECIALISTS; TO AUTHORIZE
11 EXPERIENCE IN ANOTHER STATE TO QUALIFY FOR FULL
12 INDEPENDENT PRACTICE AUTHORITY; AND FOR OTHER
13 PURPOSES.
14
15
16 Subtitle
17 TO ALLOW FULL INDEPENDENT PRACTICE
18 AUTHORITY FOR CLINICAL NURSE SPECIALISTS;
19 AND TO ALLOW EXPERIENCE IN ANOTHER STATE
20 TO QUALIFY.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code § 17-87-314(a)-(c), concerning full
26 independent practice authority of certain nurses, are amended to read as
27 follows:
28 (a) As used in this section, “full independent practice authority”
29 means the ability of a certified nurse practitioner or a clinical nurse
30 specialist to practice with prescriptive authority without a collaborative
31 practice agreement as described in § 17-87-310.
32 (b)(1) The Full Independent Practice Credentialing Committee may grant
33 a certificate of full independent practice authority to a certified nurse
34 practitioner or a clinical nurse specialist who submits:
35 (A) An application;
36 (B) An appropriate application fee as determined by the
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1 Full Independent Practice Credentialing Committee;
2 (C) Proof of successful completion of six thousand two
3 hundred forty (6,240) hours of practice:
4 (i) Under under a collaborative practice agreement a
5 board-required agreement with a physician; or
6 (ii) From another state, territory, or foreign
7 country that authorizes a certified nurse practitioner or a clinical nurse
8 specialist to practice with prescriptive authority if the certified nurse
9 practitioner or clinical nurse specialist:
10 (a) Has prescriptive authority in the state,
11 territory, or foreign country; and
12 (b) Provides proof of his or her licensure in
13 good standing from:
14 (1) The state, territory, or foreign
15 country; and
16 (2) The Arkansas State Board of Nursing;
17 and
18 (D) Any other relevant information as determined by the
19 Full Independent Practice Credentialing Committee.
20 (2) A certificate of full independent practice authority shall
21 be renewed every three (3) years with an appropriate renewal fee as
22 determined by the Full Independent Practice Credentialing Committee.
23 (c) A certified nurse practitioner or a clinical nurse specialist with
24 a certificate of full independent practice authority may receive and
25 prescribe drugs, medicines, or therapeutic devices appropriate to the
26 certified nurse practitioner's area of practice or the clinical nurse
27 specialist's area of practice.
28
29 SECTION 2. Arkansas Code § 17-87-314(e), concerning full independent
30 practice authority of certain nurses, is amended to read as follows:
31 (e) The Full Independent Practice Credentialing Committee shall:
32 (1)(A) Review and approve or deny all applications for a
33 certificate of full independent practice authority for certified nurse
34 practitioners or clinical nurse specialists and for renewal of a certificate
35 of full independent practice authority for a certified nurse practitioner or
36 a clinical nurse specialist.
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 As Engrossed: S3/7/23 H3/13/23 H4/3/23 SB79
1 (B) If the Full Independent Practice Credentialing
2 Committee denies an application for a certificate of full independent
3 practice authority, the Full Independent Practice Credentialing Committee
4 shall explain the reasons for the denial in writing to the applicant;
5 (2) Review complaints made against certified nurse practitioners
6 or clinical nurse specialists who have a certificate of full independent
7 practice authority;
8 (3) Review recommendations made by the Arkansas State Medical
9 Board and the Arkansas State Board of Nursing and notify the certified nurse
10 practitioner or the clinical nurse specialist of any action taken by the Full
11 Independent Practice Credentialing Committee based on the recommendations;
12 (4)(A) If the action taken is suspension or revocation of the
13 certificate of full independent practice authority, hold a hearing providing
14 the certified nurse practitioner or a clinical nurse specialist who has a
15 certificate of full independent practice authority with ten (10) days' notice
16 in writing to appear before the Full Independent Practice Credentialing
17 Committee, at the time and place as the Full Independent Practice
18 Credentialing Committee may direct, to show cause as to why his or her
19 certificate of full independent practice authority should not be suspended or
20 revoked.
21 (B) At the hearing, the Full Independent Practice
22 Credentialing Committee shall:
23 (i)(a) Have the power to subpoena witnesses.
24 (b) The Chair of the Full Independent Practice
25 Credentialing Committee or his or her designee shall sign subpoenas and have
26 the power to administer oaths;
27 (ii) Hear evidence; and
28 (iii)(a) Determine if the certificate of full
29 independent practice authority should be suspended or revoked.
30 (b) If the Full Independent Practice
31 Credentialing Committee determines that the certificate of full independent
32 practice authority should be suspended or revoked, the suspension or
33 revocation shall take place immediately.
34 (C) However, only the Arkansas State Board of Nursing has
35 the authority to suspend or revoke the nursing license of a certified nurse
36 practitioner or a clinical nurse specialist; and
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1 (5) Provide reports quarterly and upon request regarding the
2 number of applicants approved and denied to the Senate Committee on Public
3 Health, Welfare, and Labor and the House Committee on Public Health, Welfare,
4 and Labor.
5
6 SECTION 3. Arkansas Code § 17-87-314(g)-(h), concerning full
7 independent practice authority of certain nurses, are amended to read as
8 follows:
9 (g) A certified nurse practitioner or a clinical nurse specialist
10 whose certificate of full independent practice authority has been denied,
11 suspended, or revoked by the Full Independent Practice Credentialing
12 Committee under this section may appeal the action of the Full Independent
13 Practice Credentialing Committee under the Arkansas Administrative Procedure
14 Act, § 25-15-201 et seq.
15 (h) A certified nurse practitioner or a clinical nurse specialist with
16 a certificate of full independent practice authority shall conspicuously
17 identify the certificate of full independent practice authority and that the
18 certified nurse practitioner or the clinical nurse specialist is not required
19 to have a collaborative practice agreement on signage in the office where the
20 certified nurse practitioner or the clinical nurse specialist practices.
21
22 /s/K. Hammer
23
24
25 APPROVED: 4/13/23
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Statutes affected:
Old version SB79 V2 - 3-7-2023 01:37 PM: 17-87-314(a), 17-87-314(e), 17-87-314(g)
Old version SB79 V3 - 3-13-2023 09:44 AM: 17-87-314(a), 17-87-314(e), 17-87-314(g)
Old version SB79 V4 - 4-3-2023 01:13 PM: 17-87-314(a), 17-87-314(e), 17-87-314(g)
SB 79: 17-87-314(a), 17-87-314(e), 17-87-314(g)
Act 872: 17-87-314(a), 17-87-314(e), 17-87-314(g)