Z-0775.1/91 _______________________________________________
SENATE BILL 5204
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators West and Niemi; by request of Department of Health.
Read first time January 23, 1991. Referred to Committee on Health & Long‑Term Care.
AN ACT Relating to practical nurses; amending RCW 18.78.005, 18.78.020, 18.78.030, 18.78.040, 18.78.050, 18.78.055, 18.78.060, 18.78.080, and 18.78.100; reenacting and amending RCW 18.78.090; and repealing RCW 18.78.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 18.78.005 and 1983 c 55 s 1 are each amended to read as follows:
The purpose of this chapter is to protect the health of the general public and to provide for the establishment and enforcement of standards for licensing practical nurses. Any person offering to practice as a licensed practical nurse or using any title, representation, sign, or device to indicate that the person is practicing as a practical nurse or licensed practical nurse in this state shall submit evidence that he or she is qualified to practice and shall be licensed as provided in this chapter.
Sec. 2. RCW 18.78.020 and 1983 c 55 s 3 are each amended to read as follows:
There is hereby created a board to be known and designated as the "Washington state board of practical nursing." The board of practical nursing shall be composed of five members, appointed by the governor as follows:
(1) Two members shall be licensed practical nurses who shall have had not less than five years' actual experience as a licensed practical nurse and who have practiced as a practical nurse within two years of appointment;
(2) Two members shall be licensed registered nurses who have no less than five years' experience in the practice of nursing, one of whom shall be a registered nurse actively engaged in instructing in an approved practical nursing course, and one of whom shall be a registered nurse supervisor of licensed practical nurses;
(((2)))
(3) There shall be one public member who does not derive his or her
livelihood primarily from the provision of health services and is not:
(a) A present or former member of another licensing board;
(b) A licensed health professional; or
(c) An
employee of a health care facility((;)).
(((3)
Two members shall be licensed practical nurses who shall have had not less than
five years' actual experience as a licensed practical nurse and who have
practiced as a practical nurse within two years of appointment.))
Sec. 3. RCW 18.78.030 and 1983 c 55 s 4 are each amended to read as follows:
((On
July 24, 1983, the members of the board shall be appointed to serve as follows:
(1)
One licensed practical nurse for a term of five years;
(2)
One registered nurse for a term of four years;
(3)
One licensed practical nurse for a term of three years;
(4)
One registered nurse for a term of two years; and
(5)
One public member for a term of one year.
Thereafter
all appointments shall be for terms of five years each.))
Vacancies occurring on the board shall be filled for the unexpired term by
appointment of the governor, who also may remove any member from the board for
neglect of duty required by law, ((or)) for incompetency, or for
unprofessional ((or disorderly)) conduct as defined in chapter 18.130
RCW. All appointments shall be for terms of five years each. No person may
serve as a member of the board for more than two consecutive terms, except that
a member who is filling less than one-half of an uncompleted term shall be
eligible for two full terms in addition to the uncompleted term. Board members
shall serve until a successor is appointed.
The board shall meet at least quarterly at times and places it designates. It shall hold such other meetings during the year as may be deemed necessary to transact its business. A majority of the board currently serving shall constitute a quorum at any meeting.
Sec. 4. RCW 18.78.040 and 1984 c 287 s 47 are each amended to read as follows:
Each
board member shall be compensated in accordance with RCW 43.03.240 and shall be
paid travel expenses while away from home in accordance with RCW 43.03.050 and
43.03.060. The ((members of the)) board shall appoint ((a chairman
and a secretary from among its entire members, who shall serve until his or her
successor is appointed by the board)) officers annually.
Sec. 5. RCW 18.78.050 and 1988 c 211 s 4 are each amended to read as follows:
The
board shall conduct examinations for all applicants for licensure under this
chapter and shall certify qualified applicants for licensure to the
department ((of licensing for licensing)). The board in consultation
with the state board for community college education and the superintendent of
public instruction shall also determine and formulate what constitutes the
curriculum for ((an)) approved practical nursing ((program)) schools/programs
and shall establish criteria for minimum standards for schools/programs
preparing persons for licensure under this chapter. The board shall establish
criteria for licensure by endorsement.
The
board may adopt rules or issue advisory opinions in response to questions from
professional health associations, health care practitioners, and consumers in
this state concerning licensed practical nurse practice. The board shall
establish criteria for proof of reasonable currency of knowledge and skill as a
basis for safe practice ((after three years inactive or lapsed status)) of
practical nursing.
The board shall adopt such rules as are necessary to fulfill the purposes of this chapter pursuant to chapter 34.05 RCW.
Sec. 6. RCW 18.78.055 and 1983 c 55 s 7 are each amended to read as follows:
An institution desiring to conduct a school/program of practical nursing shall apply to the board and submit evidence satisfactory to the board that: (1) It is prepared to carry out the approved curriculum for an approved practical nursing school/program; and (2) it is prepared to meet other standards established by this chapter and by the board.
If in
the opinion of the board ((the curriculum of a program of)) a
school/program of practical nursing meets the requirements of this
chapter and the board, the program shall be approved.
All
approved practical nursing ((programs)) schools/programs in the
state shall be surveyed and the board shall review written reports of each survey.
The surveys shall be conducted periodically as determined by the board. If the
board determines that an approved practical nursing ((program)) school/program
is not maintaining the curriculum standards or other standards required
((for approval, the board shall give)) by the board written
notice shall be given specifying the deficiencies. Failure to correct
the deficiencies within a period of time specified by the board shall result in
the suspension of the program's approval.
Sec. 7. RCW 18.78.060 and 1988 c 212 s 1 are each amended to read as follows:
An applicant for a license to practice nursing as a licensed practical nurse shall submit to the board written evidence, on a form provided by the board, verified under oath, that the applicant:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Is of good physical and mental health;
(4)
Has ((completed at least a tenth grade course or its equivalent, as
determined by the board)) a high school diploma or general educational
development certificate or diploma;
(5)
Has completed an approved program ((of not less than nine months)) for
the education of practical nurses, or its equivalent, as determined by the
board((.));
(6) Has provided written information or completed other requirements of the board;
(7) The applicant at the time of such submission shall not be in violation of chapter 18.130 RCW or any provisions of this chapter.
To be
licensed as a practical nurse, each applicant shall be required to pass an
examination in such subjects as the board may determine within the scope of and
commensurate with the work to be performed by a licensed practical nurse. Upon
approval by the board, the department shall issue an interim permit authorizing
the applicant to practice nursing as authorized under this chapter pending
notification of the results of the first licensing examination following
verification of satisfactory completion of an approved program of practical
nursing. Any applicant failing to pass ((such an)) the
examination may apply for reexamination. If the applicant fails the
examination, the interim permit expires upon notification and is not
renewable. Upon passing ((such)) the examination ((as
determined by the board, the director shall issue)) a license shall be
issued to the applicant ((a license)) to practice as a licensed
practical nurse, providing the license fee is paid by the applicant and the
applicant meets all other requirements of the board.
Sec. 8. RCW 18.78.080 and 1985 c 7 s 65 are each amended to read as follows:
((All))
Applicants applying for a license to practice as a licensed practical
nurse, with or without examination((, as provided in this chapter,)),
or for reexamination, shall pay ((a license)) fees determined
by the ((director)) secretary as provided in RCW ((43.24.086))
43.70.250 to the department ((of licensing: PROVIDED, HOWEVER, That
the applicant applying for a reexamination shall pay a fee determined by the
director as provided in RCW 43.24.086)).
Sec. 9. RCW 18.78.090 c 1986 c 259 s 131 and 1985 c 7 s 66 are each reenacted and amended to read as follows:
Every
licensed practical nurse in this state shall renew the license with the
department ((of licensing and)), shall pay a fee determined by
the ((director)) secretary as provided in RCW ((43.24.086))
43.70.250, and shall provide evidence of knowledge and skill in current
practice as required by the board. Any failure to register ((and)),
pay the renewal registration fee, or meet the requirements of the board
shall render the license ((invalid, but such)) lapsed. The lapsed
license shall be reinstated ((upon written application therefor and))
upon payment to the state of ((a)) renewal and penalty fees
determined by the ((director)) secretary as provided in RCW ((43.24.086))
43.70.250 and upon compliance with the rules established by the board.
Sec. 10. RCW 18.78.100 and 1983 c 55 s 11 are each amended to read as follows:
After
consultation with the board, the ((director)) secretary shall
appoint an executive secretary of the board to carry out the provisions of this
chapter ((who shall have the following qualifications:
(1)
Be a registered nurse in the state of Washington;
(2)
Be the holder of a baccalaureate degree from an accredited four-year
institution of higher education;
(3)
Have not less than five years' experience in the field of nursing; and
(4)
Have not less than two years' experience in nursing education)).
The board and secretary shall determine the qualifications required to be employed as the executive secretary.
NEW SECTION. Sec. 11. RCW 18.78.110 and 1983 c 55 s 12, 1975-'76 2nd ex.s. c 34 s 46, & 1949 c 222 s 12 are each repealed.