Duties of the Board of Nursing

Enables the Board to: consult and confer with persons with
expertise on various issues; communicate with national
organizations with information that would promote consumer safety
and welfare; administer the nursing exams; contract with a
professional test vendor; and develop rules relating to
telehealth.  (HB2464 HD1)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 457-2, Hawaii Revised Statutes, is
 2 amended by adding the definition of "telehealth", to read as
 3 follows:
 4      ""Telehealth" means the use of electronic information and
 5 telecommunication technologies to support long-distance clinical
 6 health care, patient and professional health-related education,
 7 public health and health administration, to the extent that it
 8 relates to nursing."
 9      SECTION 2.  Section 457-5, Hawaii Revised Statutes, is
10 amended by amending subsection (a) to read as follows:
11      "(a)  In addition to any other powers and duties authorized
12 by law, the board may:
13      (1)  Adopt, amend, or repeal rules, pursuant to chapter 91,
14           not inconsistent with the law, as may be necessary to
15           enable it to carry into effect this chapter, including
16           the definition of the scope of practice of nursing and
17           the delegation of nursing tasks based upon professional
18           nursing standards[;], which include but are not limited
19           to the standards set forth by national certifying
20           bodies recognized by the board;

Page 2                                                     2464
                                     H.B. NO.           H.D. 1

 1      (2)  Prescribe standards for preparing persons for licensure
 2           as practical nurse or registered nurses and for
 3           recognition as advanced practice registered nurses
 4           under this chapter;
 5      (3)  [Provide for] Conduct surveys of educational programs
 6           as it may deem necessary[;] and practical;
 7      (4)  [Accredit] Approve educational programs [as] that meet
 8           the requirements of this chapter and the rules of the
 9           board;
10      (5)  Deny or withdraw [accreditation from] approval of
11           educational programs for failure to meet or maintain
12           the standards prescribed [standards;] in this chapter;
13      (6)  [Examine, license, and renew the licenses of] License
14           qualified applicants[;] by examination or endorsement,
15           recognize advanced practice registered nurses, and
16           renew, reinstate, and restore licenses and
17           recognitions;
18      (7)  Conduct hearings upon request of a denied applicant or
19           upon charges calling for discipline of a licensee [or,
20           denial, suspension, or revocation of a license];
21      (8)  Exercise the power to issue subpoenas, compel the
22           attendance of witnesses, and administer oaths to
23           persons giving testimony at hearings;

Page 3                                                     2464
                                     H.B. NO.           H.D. 1

 1      (9)  Cause the prosecution of all persons violating this
 2           chapter and incur necessary expenses therefor; [and]
 3     (10)  Keep a record of all its proceedings[.];
 4      (11)  Provide consultation, conduct conferences, forums,
 5           studies, and research on nursing education and
 6           practice;
 7      (12)  Communicate with national organizations that promote
 8           the improvement of the legal standards of practice of
 9           nursing for the protection of public health, safety,
10           and welfare;
11      (13)  Authorize the administration of examinations to
12           eligible applicants for licensure as registered nurses
13           or licensed practical nurses, or other examinations
14           required by the board as designated in its rules;
15      (14)  Employ, contract, and cooperate, to the extent
16           allowable by law, with any board-approved organization
17           in the preparation and grading of an appropriate
18           nationally uniform examination; provided the board
19           shall retain sole discretion and responsibility for
20           determining the standard of successful completion of
21           such an examination.  When such a national examination
22           is used, access to questions and answers shall be
23           restricted by the board; and

Page 4                                                     2464
                                     H.B. NO.           H.D. 1

 1     (15)  Develop and adopt rules as necessary relating to the
 2 practice of nursing in telehealth."
 3      SECTION 3.  Section 457-11, Hawaii Revised Statutes, is
 4 amended to read as follows:
 5      "457-11 Nursing education programs.(a) An institution
 6 desiring to conduct a nursing education program to prepare
 7 registered or licensed practical nurses shall apply to the board
 8 and submit evidence that:
 9      (1)  It is prepared to carry out a program in undergraduate
10           nursing education or a program in the training of
11           nurses as licensed practical nurses, as the case may
12           be; and
13      (2)  It is prepared to meet the standards as shall be
14           established by law and by the board.
15      (b)  A survey of the institution and its undergraduate or
16 practical nursing program shall be made by the executive
17 secretary or other authorized employee of the board, who shall
18 submit a written report of the survey to the board.  If, in the
19 opinion of the board, the requirement for an [accredited]
20 approved nursing education program are met, the program shall be
21 [accredited] approved as a nursing education program for
22 registered or licensed practical nurses.

Page 5                                                     2464
                                     H.B. NO.           H.D. 1

 1      (c)  The [accreditation] approval standards shall include
 2 qualifications necessary for faculty members of the nursing
 3 education program; provided that the standards shall not include
 4 a requirement that each individual faculty member receive
 5 approval of the board prior to teaching in the program.  The
 6 qualifications shall be reasonable and relevant to the proper
 7 teaching of the practice of nursing.  In establishing the
 8 qualifications, the board shall consult with the University of
 9 Hawaii.
10      (d)  From time to time as deemed necessary by the board, it
11 shall be the duty of the board, through its authorized
12 representative, to survey nursing education programs in the
13 State.  Written reports of the surveys shall be submitted to the
14 board.  If the board determines that any [accredited] approved
15 nursing education program is not maintaining the standards
16 required by law and by the boards, notice thereof in writing
17 specifying the discrepancies shall be immediately given to the
18 institution conducting the program.  A program that fails to
19 correct these conditions to the satisfaction of the board within
20 a reasonable time shall be discontinued after a hearing held in
21 conformance with chapter 91."
22      SECTION 4.  Statutory material to be repealed is bracketed.
23 New statutory material is underscored.
24      SECTION 5.  This Act shall take effect upon its approval.