Z-1599               _______________________________________________

                                                   SENATE BILL NO. 6403

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators West and Niemi; by request of Department of Health

Read first time 1/12/90 and 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.  Section 1, chapter 55, Laws of 1983 and RCW 18.78.005 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.  Section 2, chapter 222, Laws of 1949 as last amended by section 3, chapter 55, Laws of 1983 and RCW 18.78.020 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.  Section 3, chapter 222, Laws of 1949 as amended by section 4, chapter 55, Laws of 1983 and RCW 18.78.030 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.  Section 4, chapter 222, Laws of 1949 as last amended by section 47, chapter 287, Laws of 1984 and RCW 18.78.040 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.  Section 5, chapter 222, Laws of 1949 as last amended by section 4, chapter 211, Laws of 1988 and RCW 18.78.050 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 ((34.04)) 34.05 RCW.

        Sec. 6.  Section 7, chapter 55, Laws of 1983 and RCW 18.78.055 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.  Section 6, chapter 222, Laws of 1949 as last amended by section 1, chapter 212, Laws of 1988 and RCW 18.78.060 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;

          (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.  Section 9, chapter 222, Laws of 1949 as last amended by section 65, chapter 7, Laws of 1985 and RCW 18.78.080 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)) section 319, chapter 9, Laws of 1989 1st ex. sess. 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.  Section 10, chapter 222, Laws of 1949 as last amended by section 66, chapter 7, Laws of 1985 and by section 131, chapter 259, Laws of 1986 and RCW 18.78.090 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)) section 319, chapter 9, Laws of 1989 1st ex. sess., 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.  Section 11, chapter 222, Laws of 1949 as last amended by section 11, chapter 55, Laws of 1983 and RCW 18.78.100 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.  Section 12, chapter 222, Laws of 1949, section 46, chapter 34, Laws of 1975-'76 2nd ex. sess., section 12, chapter 55, Laws of 1983 and RCW 18.78.110 are each repealed.