WSR 22-11-047
EMERGENCY RULES
DEPARTMENT OF HEALTH
(Nursing Care Quality Assurance Commission)
[Filed May 13, 2022, 8:55 a.m., effective May 13, 2022, 8:55 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 246-840-365, 246-840-367, and 246-840-533, the nursing care quality assurance commission (commission) is amending specific license requirements for advanced registered nurse practitioners (ARNPs) and nursing technicians (NTs). These amendments are necessary in response to the coronavirus disease 2019 (COVID-19) pandemic and the critical demand for health care professionals. The rules in chapter 246-840 WAC provide regulatory requirements for registered nurses, licensed practical nurses, ARNPs, and NTs. These emergency rules remove barriers for license renewal for ARNPs returning to active practice and permits NTs to receive clinical hours for work performed while permanent rule making is underway. This is the eighth emergency rule originally filed under WSR 20-10-014, beginning in 2020 and continuing under WSR 20-14-065, 20-22-024, 21-04-005, 21-12-012, 21-19-092, and on January 14, 2022, under WSR 22-03-056. The current filing differs from the previous filing by removing WAC 246-840-010 and 246-840-840. WAC 246-840-010 and 246-840-840 were included in a permanent rule filed for adoption on January 31, 2022, as WSR 22-04-082, and effective Friday, May 13, 2022. The commission also filed a notice of proposed rule making to transition the remaining emergency rules in this filing, WAC 246-840-365, 246-840-367, and 246-840-533, to permanent rules on January 31, 2022, under WSR 22-04-081.
Citation of Rules Affected by this Order: Amending WAC 246-840-365, 246-840-367, and 246-840-533.
Statutory Authority for Adoption: RCW 18.79.010, 18.79.050, 18.79.110, and 18.79.340.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The immediate amendment of existing rules is necessary for the preservation of public health, safety, and general welfare. Essential functions including increasing and maintaining the availability of health care professionals must continue while taking necessary measures to help treat and prevent the spread of COVID-19 while undergoing permanent rule making. The amendments remove specific barriers that nurses face to [while] providing care in response to COVID-19. Waiving the restriction that ARNPs with an inactive or expired license must complete clinical practice hours and permitting NTs to receive clinical hours for work performed while permanent rule making is underway removes barriers to entering health care workforce. More health care professionals will be available to continue responding to current demands because of these changes. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to protecting immediate public interests.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 3, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 3, Repealed 0.
Date Adopted: May 13, 2022.
Paula R. Meyer, MSN, RN, FRE
Executive Director
Nursing Commission
OTS-3406.2
AMENDATORY SECTION(Amending WSR 19-08-031, filed 3/27/19, effective 4/27/19)
WAC 246-840-365Inactive and reactivating an ARNP license.
To apply for an inactive ARNP license, an ARNP shall comply with WAC 246-12-090 or 246-12-540, if military related.
(1) An ARNP may apply for an inactive license if he or she holds an active Washington state ARNP license without sanctions or restrictions.
(2) To return to active status the ARNP:
(a) Shall meet the requirements identified in chapter 246-12 WAC, Part 4;
(b) Must hold an active RN license under chapter 18.79 RCW without sanctions or restrictions;
(c) Shall submit the fee as identified under WAC 246-840-990; and
(d) Shall submit evidence of current certification by the commission approved certifying body identified in WAC 246-840-302(1)((;
(e) Shall submit evidence of thirty contact hours of continuing education for each designation within the past two years; and
(f) Shall submit evidence of two hundred fifty hours of advanced clinical practice for each designation within the last two years.
(3) An ARNP applicant who does not have the required practice requirements, shall complete two hundred fifty hours of supervised advanced clinical practice for every two years the applicant may have been out of practice, not to exceed one thousand hours.
(4) The ARNP applicant needing to complete supervised advanced clinical practice shall obtain an ARNP interim permit consistent with the requirements for supervised practice defined in WAC 246-840-340 (4) and (5))).
(((5)))(3) To regain prescriptive authority after inactive status, the applicant must meet the prescriptive authority requirements identified in WAC 246-840-410.
AMENDATORY SECTION(Amending WSR 19-08-031, filed 3/27/19, effective 4/27/19)
WAC 246-840-367Expired license.
When an ARNP license is not renewed, it is placed in expired status and the nurse must not practice as an ARNP.
(1) To return to active status when the license has been expired for less than two years, the nurse shall:
(a) Meet the requirements of chapter 246-12 WAC, Part 2;
(b) Meet ARNP renewal requirements identified in WAC 246-840-360; and
(c) Meet the prescriptive authority requirements identified in WAC 246-840-450, if renewing prescriptive authority.
(2) ((Applicants who do not meet the required advanced clinical practice requirements must complete two hundred fifty hours of supervised advanced clinical practice for every two years the applicant may have been out of practice, not to exceed one thousand hours.
(3) The ARNP applicant needing to complete supervised advanced clinical practice shall obtain an ARNP interim permit consistent with the requirements for supervised practice defined in WAC 246-840-340 (4) and (5).
(4))) If the ARNP license has expired for two years or more, the applicant shall:
(a) Meet the requirements of chapter 246-12 WAC, Part 2;
(b) Submit evidence of current certification by the commission approved certifying body identified in WAC 246-840-302(3);
(c) ((Submit evidence of thirty contact hours of continuing education for each designation within the prior two years;
(d))) Submit evidence of ((two hundred fifty))250 hours of advanced clinical practice completed within the prior two years; and
(((e)))(d) Submit evidence of an additional ((thirty))30 contact hours in pharmacology if requesting prescriptive authority, which may be granted once the ARNP license is returned to active status.
(((5)))(3) If the applicant does not meet the required advanced clinical practice hours, the applicant shall obtain an ARNP interim permit consistent with the requirements for supervised advanced clinical practice as defined in WAC 246-840-340 (4) and (5).
AMENDATORY SECTION(Amending WSR 19-08-026, filed 3/27/19, effective 4/27/19)
WAC 246-840-533Nursing preceptors, interdisciplinary preceptors, and proctors in clinical or practice settings for nursing students located in Washington state.
(1) Nursing preceptors, interdisciplinary preceptors, and proctors may be used to enhance clinical or practice learning experiences after a student has received instruction and orientation from program faculty who confirm the student is adequately prepared for the clinical or practice experience. For the purpose of this section:
(a) A nursing preceptor means a practicing licensed nurse who provides personal instruction, training, and supervision to any nursing student, and meets all requirements of subsection (4) of this section.
(b) An interdisciplinary preceptor means a practicing health care provider who is not a licensed nurse, but provides personal instruction, training, and supervision to any nursing student, and meets all requirements of subsection (5) of this section.
(c) A proctor means an individual who holds an active credential in one of the professions identified in RCW 18.130.040 who monitors students during an examination, skill, or practice delivery, and meets all requirements of subsection (6) of this section.
(2) Nursing education faculty are responsible for the overall supervision and evaluation of the student and must confer with each primary nursing and interdisciplinary preceptor, and student at least once during each phase of the student learning experience:
(a) Beginning;
(b) Midpoint; and
(c) End.
(3) A nursing preceptor or an interdisciplinary preceptor shall not precept more than two students at any one time.
(4) A nursing preceptor may be used in nursing education programs when the nursing preceptor:
(a) Has an active, unencumbered nursing license at or above the level for which the student is preparing;
(b) Has at least one year of clinical or practice experience as a licensed nurse at or above the level for which the student is preparing;
(c) Is oriented to the written course and student learning objectives prior to beginning the preceptorship;
(d) Is oriented to the written role expectations of faculty, preceptor, and student prior to beginning the preceptorship; and
(e) Is not a member of the student's immediate family, as defined in RCW 42.17A.005(27); or have a financial, business, or professional relationship that is in conflict with the proper discharge of the preceptor's duties to impartially supervise and evaluate the nurse.
(5) An interdisciplinary preceptor may be used in nursing education programs when the interdisciplinary preceptor:
(a) Has an active, unencumbered license in the area of practice appropriate to the nursing education faculty planned student learning objectives;
(b) Has the educational preparation and at least one year of clinical or practice experience appropriate to the nursing education faculty planned student learning objectives;
(c) Is oriented to the written course and student learning objectives prior to beginning the preceptorship;
(d) Is oriented to the written role expectations of faculty, preceptor, and student prior to beginning the preceptorship; and
(e) Is not a member of the student's immediate family, as defined in RCW 42.17A.005(27); or have a financial, business, or professional relationship that is in conflict with the proper discharge of the preceptor's duties to impartially supervise and evaluate the nurse.
(6) A proctor who monitors, teaches, and supervises students during the performance of a task or skill must:
(a) Have the educational and experiential preparation for the task or skill being proctored;
(b) Have an active, unencumbered credential in one of the professions identified in RCW 18.130.040;
(c) Only be used on rare, short-term occasions to proctor students when a faculty member has determined that it is safe for a student to receive direct supervision from the proctor for the performance of a particular task or skill that is within the scope of practice for the nursing student; and
(d) Is not a member of the student's immediate family, as defined in RCW 42.17A.005(27); or have a financial, business, or professional relationship that is in conflict with the proper discharge of the preceptor's duties to impartially supervise and evaluate the nurse.
(7) A practice/academic partnerships model may be used to permit practice hours as a nursing technician, as defined in WAC 246-840-010(30), to be credited toward direct care nursing program clinical hours, and academic credit. Use of this model must include:
(a) Endorsement by the nurse administrator placed in the student's file that:
(i) Traditional clinical experiences in a required area of study are limited or not available to the program; or
(ii) Circumstances are present in which the student will gain greater educational benefit from the nursing student-employee role;
(b) A nursing preceptor or nursing supervisor who has experience and educational preparation appropriate to the faculty-planned student learning experience. The nursing preceptor or nursing supervisor must be responsible for ensuring the requirements of WAC 246-840-880 are met;
(c) Nursing program faculty that work with health care facility representatives to align clinical skills and competencies with the nursing student-employee work role/responsibilities;
(d) Nursing student-employees with faculty-planned clinical practice experiences that enable the student to attain new knowledge, develop clinical reasoning/judgment abilities, and demonstrate achievement of clinical objectives and final learning outcomes of the nursing program if the nursing student-employee is in the final nursing course;
(e) The nursing student-employee use of reflection on the development or achievement of clinical objectives and final learning outcomes as designed by nursing education faculty;
(f) Nursing education faculty responsible for the overall supervision and evaluation of the nursing student-employee on a weekly basis;
(g) Evaluation by nursing education faculty to include documentation of the nursing student-employee achievement of clinical objectives and final learning outcomes and competencies of the nursing program; and
(h) Nursing technicians be enrolled in a commission-approved nursing program and be in good standing to receive academic credit.