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The Board adopts new regulations as of February 15, 2012.

New Nursing Regulations, LCB File 112-11, were recently adopted by the Nevada State Board of Nursing. The promulgation of regulations is a transparent process requiring several publicly noticed steps before regulations are finally adopted. For a description of that process, please contact the Nevada State Board of Nursing. Adoption of the new regulations may have an impact on your nursing practice in Nevada. Knowing and being involved in the process of promulgating regulations and being familiar with what has changed is important to nurses and certified nursing assistants. Highlights of the regulation changes are as follows.

Medication Aides - Certified

A large portion of the changes made to the Nurse Practice Act (NPA) during the adoption of the new regulations provides for the implementation of SB 411, a bill that gave the NSBN the authority to regulate Medication Aides - Certified (MA-Cs). MA-Cs are providers who are only used in Board approved Long Term Care Facilities who administer routine medications to stable patients through delegation by the Registered Nurse. MA-Cs must be CNAs in good standing with the Board, actively certified and working full time for at least one year. They must meet certain criteria to be enrolled in a Board approved MA-C course, must successfully complete the course provided by a Board approved MA-C Program, and must successfully pass a Board approved national MA-C examination. The new regulations provide the legal requirements for programs, instructors, curriculum, examination and certification of the MA-Cs. A thorough reading of the new regulations will ensure that your interface with this new type of provider will be legal and safe for patients.

Delegation

Until these regulations were adopted, RNs in Nevada could only delegate nursing tasks to other nurses (LPNs). Upon passage of SB 411, it became apparent that regulations must be updated to allow RNs to delegate medication administration to MA-Cs. NAC 632.222 and 224 outline the process for appropriate delegation by RNs. The only change to this regulation was to change the word "nurses" to "persons" and "other personnel." RNs in Nevada may now delegate nursing tasks to other personnel, not only MA-Cs, but other individuals who provide care to our patients. The RN is responsible for performing the Delegation Process and maintains accountability in the delegation of care. The new regulation specifically states, "The registered nurse who delegates nursing care or duties relating to that care to other personnel is responsible for the actions taken by those persons in carrying out the duties delegated or assigned." Questions regarding the Delegation Process may be directed to Board staff and additional information on delegation is available on the Board's website.

Fingerprinting

In general, the new regulations just updated language to be in compliance with the processes followed by Board staff in fingerprinting licensees and certificate holders. As you know, the Board now requires fingerprinting on renewal in some circumstances. If nurses or CNAs were licensed/certified before the year 2000, criminal background checks will be required for a full 2 year renewal.

Practice Requirement for Nurses Who Apply for Licensure in Nevada

Until these regulations were adopted, only Nevada licensed nurses who renewed their licenses were asked what was the last date they practiced nursing. The law required that Nevada nurses must have practiced nursing within the previous 5 years as a requirement for renewal of their licenses. The Board believed that it was unfair to Nevada nurses to require that they have practiced within the last 5 years and not require that of nurses who are applying for licensure from another jurisdiction. The new regulation requires that nurses who are endorsing (applying for a license in Nevada based on an active license in another state) must have practiced nursing within the past 5 years. If they have not, they must either complete a Board approved Refresher Course or successfully pass the NCLEX, the Board approved national nursing licensure exam. The regulations for Nevada renewal requirements have not changed.

IV Therapy Course

Minimal changes were made related to the requirements for the IV Therapy Course for LPNs in Nevada. These changes were made at the request of instructors who provide this course to Nevada LPNs or teach this course as part of Nevada Practical Nursing Programs.

Nursing Program Requirements

Several changes were made to the legal requirements for nursing education programs to be approved in Nevada. The changes were made in response to instructor and nursing student input and provide for patient safety and more transparency for nursing students.

Discipline and Investigations

Several changes were made in the regulations related to unprofessional conduct. Prior to the regulation changes, the Board could revoke a nurse's license for up to 10 years. The regulation increased the limit for revocation to 20 years. New definitions of unprofessional conduct were added to include harm to a family member of a patient in addition to harm to a patient, committing an error in the delivery or administration of a medication, failing to cooperate with an investigation of the Board, and violating professional boundaries by the use of social media. The MA-C was included in all of the unprofessional conduct regulations.

School Nurses

The new regulations allow a School Nurse to delegate the documentation of administration of a medication to a student rather than to complete the documentation herself. School Nurses have been able to delegate medication administration to qualified persons for many years. This new regulation allows them to delegate the documentation of the medication administration to the person who actually administers the medication.

In summary, a copy of the new regulations may be found on the Board's website. We welcome your input and involvement in all legislative activity related to the regulation of nursing in Nevada. You are extremely important in this process.

Join NNA Online Today! Visit nvnurses.org for application

Debra Scott, MSN, RN, FRE, Executive Director
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Copyright 2012 Gale, Cengage Learning. All rights reserved.

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Author:Scott, Debra
Publication:Nevada RNformation
Geographic Code:1U8NV
Date:Aug 1, 2012
Words:971
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