067.00.95 Ark. Code R. 001
The performance for compensation of any acts involving the observation, care and counsel of the ill, injured or infirm; the maintenance of health or prevention of illness of others; the supervision and teaching of other personnel; the delegation of certain nursing practices to other personnel as set forth in regulations established by the board; or the administration of medications and treatments as prescribed by an advanced practice nurse holding a certificate of prescriptive authority, a licensed physician or licensed dentist, where such acts require substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social sciences.
The practice of advanced practice nursing means the delivery of health care services for compensation by professional nurses who have gained additional knowledge and skills through successful completion of an organized program of nursing education that certifies nurses for advanced practice roles as advanced nurse practitioners, certified registered nurse anesthetists, certified nurse midwives and clinical nurse specialists.
ACTIVITIES OF DAILY LIVING- Those self-care activities which must be accomplished each day in order for the client to care for his own needs and participate in society.
ADVANCED PRACTICE NURSE CATEGORIES- Advanced nurse practitioner, certified registered nurse anesthetist, certified nurse midwife and clinical nurse specialist.
AGENCY, CLINICAL FACILITY- A facility outside the framework of the program which provides educational experiences for the student.
APPROVAL, TYPES
PREREQUISITE- Permission to proceed in establishing a program of nursing.
INITIAL- Granted to the program when the curriculum is developed and readiness to admit students is demonstrated.
FULL- Granted to the nursing program which provides evidence that minimum requirements are met.
CONTINUED FULL- Granted to the nursing program which continues to meet the minimum requirements.
CONDITIONAL- Serves to warn the nursing program of deviations from mandatory requirements affecting the quality of the school.
APPROVED/ACCREDITED- An agency or institution which has met the requirements established by a recognized national, regional, state or professional body.
BOARD- The Arkansas State Board of Nursing.
BOARD REPRESENTATIVE- A person appointed, hired or otherwise authorized by the Board to carry out its functions.
CHAIRMAN/DIRECTOR- The person responsible for the specific educational unit in nursing, regardless of the official title in the institution.
COLLABORATING PHYSICIAN- A physician, licensed under the Arkansas Medical Practices Act, & 17-93-201 et seq., who has a practice comparable in scope, specialty or expertise to that of the advanced practice nurse or registered nurse practitioner.
COLLABORATIVE PRACTICE AGREEMENT- Document setting out how an advanced practice nurse and physician intend to cooperate in the delivery of client care.
CONSULTING PHYSICIAN- A physician licensed by the Arkansas Medical Practices Act who has obstetric privileges in a hospital.
CONTROLLED SUBSTANCE- Drug substance or immediate precursor in Schedules l-V.
CREDENTIAL- A license, certificate or other evidence of qualifications.
DELEGATION- Entrusting the performance of a selected nursing task to an individual who is qualified, competent and able to perform such tasks. The nurse retains the accountability for the total nursing care of the individual.
DOCUMENTATION- Written proof or evidence to substantiate factual claims or statements satisfactory to the Board.
DRUG SAMPLE- A unit of a legend drug which is distributed to a practitioner by a manufacturer or a manufacturer's representative at no charge, is not intended to be sold, and is intended to promote the sale of the drug.
EMERGENCY CARE- Unanticipated care provided to a person who is unconscious, ill or injured, when the circumstances require prompt decisions and actions and when the necessity of immediate care is so apparent that any delay would seriously worsen the physical condition or endanger the life of the person.
LEGEND DRUG- A drug limited by Section 503,(b)(1) of the Federal Food, Drug, and Cosmetic Act to being dispensed by or upon a practitioner's prescription.
MAY- Indicates permission.
OBSERVATIONAL EXPERIENCE- One in which the nursing student provides no nursing care.
OFF CAMPUS/SATELLITE- A site distant from the originating school offering the same program in nursing as that being offered at the originating school.
PERSONAL CARE- Assistance with activities of daily living not requiring a medical prescription.
PHILOSOPHY/MISSION- Includes and identifies the beliefs accepted by the nursing faculty and controlling institution.
PRECEPTOR- A currently licensed nurse or physician, meeting the requirements of these regulations, who serves as a facilitator of student learning in a practice setting.
PRECEPTORSHIP- Practice under the supervision of a qualified preceptor in the care of consumers of health services while a student in a Board approved program.
PRESCRIPTIVE AUTHORITY- Authorization, given by the Board, for an advanced practice nurse who meets established requirements to prescribe. Prescriptive authority for controlled substances shall only extend to drugs listed in Schedules II I through V.
PROGRAM- The total educational curriculum in nursing, including theoretical and clinical components.
ASSOCIATE DEGREE PROGRAM- A professional nursing program leading to an associate degree with a major in nursing.
BACCALAUREATE DEGREE PROGRAM- A professional nursing program leading to a baccalaureate degree with a major in nursing.
DIPLOMA PROGRAM- A professional nursing program leading to a diploma with a major in nursing.
PRACTICAL NURSING PROGRAM- A nursing program leading to a certificate in practical nursing.
PSYCHIATRIC TECHNICIAN NURSING PROGRAM- A nursing program leading to a certificate in psychiatric technician nursing.
PROTOCOL- A written statement which delineates agreed-upon approaches in client care and management.
SHALL, WILL, MUST- Indicates a mandatory requirement.
SHOULD- Indicates a recommendation.
SPONSORING/CONTROLLING INSTITUTION- The organization responsible for the administration and continuing operation of the nursing education program.
SURVEY- A visit to determine compliance with minimum requirements.
THERAPEUTIC DEVICE- An instrument or apparatus, requiring a prescription, that is intended for use in diagnosis or treatment, and in the prevention of disease or maintenance or restoration of health.
TRANSMITTING- Relaying an order for a medication, treatment or therapeutic device.
UNDER THE DIRECTION OF A LICENSED PHYSICIAN- The performance of specific acts and procedures which have been authorized by a licensed physician and which may be performed outside the presence of the physician under conditions where a physician is readily available for consultation.
UNENCUMBERED LICENSE- Free of disciplinary limitations or pending action.
The office of the Board is in Little Rock, Arkansas. The office shall be open during business hours each day, Saturday, Sunday and holidays excepted.
The Board may, through one or more of its members, or staff especially authorized, conduct at its office in Little Rock, Arkansas, or in any part of the state, any examination, inquiry or investigation, hearing or other proceeding necessary to perform its duties and functions. The executive director shall have custody of the seal and official records and shall be responsible for the maintenance and custody of the files and records of the Board, including the credentials for all Arkansas licensed nurses, transcripts of testimony and exhibits, the minutes of all actions taken by the Board and all of its findings, determinations, reports, opinions, orders, rules, regulations, and approved forms.
All notices and other actions of the Board shall be authenticated or signed by the president, secretary, or such other person as may be authorized by the Board.
Upon order of the Board, the president, secretary, or executive director shall issue all notices of hearings and other process as may be directed by the Board.
The Board is authorized to:
The executive director of the Board shall be a registered nurse and meet the qualifications required by the Board.
No regulations promulgated hereafter by the Board shall be effective until reviewed by the Arkansas Legislative Council and the Joint Interim Committee on Public Health, Welfare and Labor of the Arkansas General Assembly.
The executive director shall enter, in permanent form, credentials of all nurses, records of official transactions and proceedings, and keep such records in safekeeping.
Meetings may be taped by a secretary as necessary for purposes of minute taking. Tapes may be erased after corresponding minutes have been approved. The president may request taping of specific agenda items; such tapes will be retained for a minimum of one year. Public hearings for rule changes may be taped; such tapes to be retained until the rule change is effective.
The executive director may destroy or dispose of records in the office in accord with applicable law.
Upon written request and payment of a fee, the executive director shall provide to any nurse holding Arkansas licensure a certified copy of any of her/his records on file in the Board office.
Records shall be open to public inspection except as may be specifically exempted by statute.
Copies of rules of the Board will be furnished free of charge to any official of a government agency requesting them in the performance of his/her duties.
A registered nurse, practical nurse or psychiatric technician nurse candidate who has failed the licensure examination may review his/her examination and/or challenge examination items according to the policies and procedures of the test development agency.
The Arkansas State Board of Nursing is composed of fifteen (15) members to be appointed by the Governor subject to confirmation by the Senate. Six members of the Board shall be registered nurses whose highest level of educational preparation shall be as follows: two diploma school graduates, two associate degree graduates and two baccalaureate degree or post-baccalaureate degree graduates. One member shall be a licensed advanced practice nurse holding a certificate of prescriptive authority. Three members of the Board shall be licensed practical nurses. Three members of the Board shall be licensed psychiatric technician nurses. One member shall be a layperson representing consumers of health care services. One member, not actively engaged in or retired from the profession of nursing, shall be sixty years of age or older, and shall be the representative of the elderly. The Board shall make and adopt all necessary rules and regulations; perform the duties and transact the business required under the provisions of the Arkansas Nurse Practice Act.
The term of office for members of the Board shall be four years. Members shall be appointed for such terms as will result in expiration of the terms of three members each year. No member shall be appointed to more than two (2) consecutive terms.
Nine (9) members of the Board shall constitute a quorum.
The officers of the Board shall consist of a president, vice president, secretary, and treasurer. The president shall be a registered nurse.
The officers of the Board shall be elected annually. The nominee receiving the largest number of votes shall be declared elected and shall assume office on the day of the election.
In case of a vacancy in any of said offices, the Board shall elect one of its members to fill such office until the next regular election.
The Board shall hold a regular meeting within each six (6) month calendar period. Regular meetings shall be determined by the Board unless otherwise ordered by the president.
Special meetings may be called at any time by the president or by the secretary on the request of any three (3) members of the Board.
An agenda shall be prepared for each meeting. A copy of the agenda shall be sent to each member at least seven (7) days prior to the meeting. Any member wishing to have a topic placed on the agenda shall notify the executive director at least ten (10) days prior to the meeting. Items of an emergency nature shall be considered at any meeting without prior notice.
The secretary shall keep a record of all meetings and such records shall be retained as a permanent record of the transactions of the Board.
Minutes of the previous board meeting shall be approved at the beginning of each Board business meeting. Corrections and/or amendments shall be made at this time. Both president and secretary shall sign the minutes, affix the Board seal and file in the official minutes book. All motions shall be in writing and shall be placed in the Board office for safekeeping by the executive director and kept for a period of five (5) years.
Roberts Rules of Order, Newly Revised, shall be the guide to fair and orderly procedure in meetings of the Board.
The applicant shall meet the licensure requirements of the Board.
The passing score on the licensure examination shall be determined by the Board in accordance with national standards.
L.P.N, applicants must have evidence of all the foregoing with the exception of psychiatric nursing, in which theory only is required.
Upon payment of a certification fee, a nurse seeking licensure in another state may have a certified statement of Arkansas licensure issued to the Board of Nursing in that state.
A registered nurse practitioner is a licensed professional nurse prepared in the manner stated herein who provides direct care to individuals, families and other groups in a variety of settings, including homes, hospitals, offices, industry, schools and other institutions and health care settings. The service provided by the nurse practitioner is directed toward the delivery of primary, secondary and tertiary care which focuses on the achievement and maintenance of optimal functions in the population. The nurse practitioner engages in independent decision making about the nursing care needs of clients and collaborates with health professionals and others in making decisions about other health care needs. The practitioner plans and institutes health care programs as a member of the health care team. The nurse practitioner is directly accountable and responsible to the recipient for the quality of care rendered.
Regulations which apply to registered nurses are hereby incorporated by reference.
The RNP shall, upon request of the Board, provide documentation outlining the extent of services, responsibilities and required supervision of nurse practitioners, and the accompanying responsibilities of collaborating physicians.
The registered nurse practitioner shall demonstrate competence in any act or procedure delegated by the collaborating physician.
In addition to current licensure as a registered nurse, the information submitted to the Board shall include:
An institution desiring to conduct an education program to prepare registered nurse practitioners shall submit evidence to the Board that the following criteria have been met. A survey of the institution and the registered nurse practitioner program shall be made by an authorized representative of the Board, who shall submit a written report of the survey to the Board.
Records of the program, philosophy, objectives, administration, faculty, curriculum, students and graduates shall be maintained systematically and be retrievable.
Provision shall be made for periodic program evaluation by the faculty and students.
If, in the opinion of the Board, the requirements for an approved registered nurse practitioner program are met, the program shall be approved.
An authorized representative of the Board shall survey the registered nurse practitioner program on a regular basis and submit written reports of such surveys to the Board. If the Board determines that the program is not maintaining the Board's standards, notice shall immediately be given in writing specifying the defect or defects.
A program which fails within a reasonable time to correct these conditions to the satisfaction of the Board shall have approval withdrawn after a hearing.
The advanced practice nurse shall practice in a manner consistent with the definition of the practice of advanced practice nursing set forth in Ark. Code Ann. & 17-86-102(3).(A)(B)(C)(D), and in accordance with the scope of practice defined by the appropriate national certifying body and the standards set forth in these regulations. The advanced practice nurse may provide health care for which the APN is educationally prepared and for which competence has been attained and maintained.
Advanced practice nurse (APN) licensure shall be designated in one of the four categories below. Current registered nurse licensure in Arkansas is required for all categories of advanced practice licensure. APN categories and their respective qualifications are:
The applicant shall meet the licensure requirements of the Board.
In addition to current licensure as a registered nurse, the information submitted to the Board shall include:
To insure the safe practice of advanced practice nursing, the Board shall approve educational programs, offered by an accredited college or university, which offers a graduate degree with a major in nursing and a concentration in the advanced practice nurse category which qualifies the graduate for certification in an advanced practice nursing specialty.
Master's programs in advanced practice nursing, which submit evidence of having current accreditation by the recognized national educational accrediting agency for the discipline of nursing, shall be accepted by the Board as having met the regulations for Board approval. The standards for accreditation shall be maintained during the accrediting period.
The program head, at the time of appointment, shall hold a current license to practice as a registered nurse in the State of Arkansas, and shall hold a master's degree and a doctoral degree, one of which is in nursing. The program head shall have previous experience in clinical nursing practice, teaching and administration.
If ownership of an institution operating an advanced practice nursing program should change, the new governing body shall consult the Board for direction in continuing the program.
An applicant for a certificate of prescriptive authority shall:
Protocols shall be made available upon request of the Board. Such protocols shall, at a minimum, include:
Prescriptive authority may be terminated by the Board when the prescriber:
The purpose of this committee shall include functioning in an advisory capacity to assist the Board with oversight and implementation of the provisions regarding prescriptive authority.
The Advisory Committee shall be composed of five (5) members appointed by the Board and approved by the Governor. Three (3) members shall be advanced practice nurses holding certificates of prescriptive authority, except that the initial advanced practice nurse appointees shall be exempt from holding a certificate. The Board shall issue certificates of prescriptive authority to the initial three (3) advanced practice nurse appointees based on the criteria in Chapter Four, Section IX. One (1) committee member shall be a licensed physician who has been involved in a collaborative practice with a registered nurse practitioner for at least five (5) years. One member shall be a licensed pharmacist who has been in practice for a least five (5) years. The Board shall select the initial chairperson.
The five (5) initial members appointed to the committee shall draw lots to determine staggered lengths of their initial terms. Successive members shall serve three {3) year terms. The Board may remove any advisory committee member, after notice and hearing, for incapacity, incompetence, neglect of duty or malfeasance in office.
Advisory committee members shall serve without compensation; but may be reimbursed to the extent special monies are appropriated therefor for actual and necessary expenses incurred in the performance of their official Board duties.
Registered nurses, licensed practical nurses, and licensed psychiatric technician nurses, within the parameters of their education and experience, are responsible for all nursing care that a client receives under their direction. Assessment of the nursing needs of a client, the plan of nursing actions, implementation of the plan, and evaluation of the plan are essential components of nursing practice. Unlicensed personnel may be used to complement the licensed nurse in the performance of nursing functions; but such personnel cannot be used as a substitute for the licensed nurse.
Delegation by registered nurses, licensed practical nurses, and licensed psychiatric technician nurses must fall within the definitions in Ark. Code Ann. § 17-86-102. Delegation must occur within the framework of the job description of the delegatee and organizational policies and procedures, and must be in compliance with the Arkansas Nurse Practice Act. The following sections govern the licensed nurse in delegating and supervising nursing tasks to unlicensed personnel.
By way of example, and not in limitation, the following nursing tasks are ones that are within the scope of sound nursing practice to be delegated, provided the delegation is in compliance with Ark. Code Ann. § 17-86-102 and the level of supervision required is determined by the nurse.
By way of example, and not in limitation, the following are nursing tasks that are not within the scope of sound nursing judgment to delegate:
It is the responsibility of the licensed nurse to assess each client prior to delegation of a nursing task and determine that the unlicensed person has the competence to perform the nursing task in that client's situation.
These sections shall not be construed to apply to:
An institution seeking to establish a school of nursing or off campus/satellite program shall submit a letter of intent to the Board of Nursing.
Continued Full Approval is granted to the school which continues to meet the minimum requirements. The decision of the Board is based on survey visits, annual reports, conferences, and correspondence. A school survey shall be conducted at least once every five (5) years. A survey shall be conducted prior to a possible change in a school's approval status.
The controlling institution of a school shall be approved/accredited by the appropriate state and regional bodies, or must demonstrate progress in securing approval/accreditation by these bodies.
The director, at the time of appointment, shall:
There shall be secretarial and clerical staff sufficient to meet the needs of administrative and instructional personnel.
Preceptorial learning activities may be included in a curriculum when the following criteria are met:
An annual report shall be submitted no later than December 1st of each year utilizing the format provided by the Board. The report shall include appointment and termination of faculty during the reporting period.
This approval may be accorded to any program previously having Initial or Full Approval if conditions within the program are found to be unsatisfactory. Recommendations for improvement shall be met within allotted time set by the Board to avoid termination.
The Board may withdraw any type of approval from any program if survey visits/reports identify continuing deficiencies within the allotted time.
The program of practical nursing should be an integral part of the structure and organization of the sponsoring institution.
Functional relationships between the practical nursing program and overall administration shall be clearly defined on an organizational chart and reflected in job descriptions.
All schools of practical nursing shall have a chairman who shall be a registered professional nurse.
There shall be evidence that there is a stable source of funds allocated and budgeted for the effective operation of the program.
Clinical facilities providing clinical laboratory experiences to meet the stated educational objectives of the practical nursing program must have:
The sponsoring institution shall establish formal relationships with clinical facilities.
All hospitals in which student practical nurses receive their clinical experience shall:
Long term care facilities must be approved by the Office of Long Term Care or other appropriate bodies.
Facilities necessary for educational programs are:
Information about the practical nursing program shall be provided by the sponsoring institution.
The sponsoring institution shall provide general administrative leadership and a qualified practical nursing faculty.
This organization shall have written policies and rules of procedure established by the faculty and in harmony with the philosophy and objectives of the program. All members of the faculty shall participate in the activities of the organization.
Advanced standing may be granted for previous educational experience by granting credit for specific courses through testing, i.e., teacher-made final examinations, practical examinations, achievement tests.
Transfer of students may be accepted. The school shall evaluate transcript of work completed for transfer of specific course credits.
A record system essential to the operation of the program shall be maintained. Records should be safely stored to prevent loss by destruction and unauthorized use.
When a school closes, the sponsoring institution receiving the financial support for the school shall be responsible for the safekeeping of the student records.
If the sponsoring institution also closes, legal advice should be obtained concerning the permanent safekeeping of the records of the program.
The Arkansas State Board of Nursing shall be informed concerning the placement of these records.
Each newly appointed faculty member shall file a record of preparation and experience on forms provided by the Board. The Board should be informed of additional preparation acquired by each faculty member after the initial record is submitted.
Programs shall submit to the Board an annual report no later than December 1st of each year utilizing the format provided by the Board. The report shall also indicate any changes in the faculty.
Clinical facilities shall enter into a written agreement with the sponsoring institution with respect to the objectives and plans of the program. A copy of the current agreement shall be signed by the chairman of the nursing program, director of nursing service, and the administrator of the clinical facility.
Student final records, which are supplied by the Board, or transcripts provided by the institution, shall be submitted for all graduates who qualify to take the examination in Arkansas as soon as they have completed the curriculum. The student final record or transcript shall include statements of credit or clock hours of instruction and clinical practice per course satisfactorily completed, bear the impression of the school seal, and the signature of the chairman of the program or registrar.
Student final records and applications shall not be notarized prior to the date of completion of the program and must be submitted to the Board office.
The entire curriculum should be so designed that qualified individuals are prepared to meet community nursing needs and to perform those functions which are generally recognized as being within the scope of practical nursing and where skill of registered nurses is not required. The purpose of the curriculum is to guide administrative and instructional staff in achieving the objectives of the school.
The purpose of the curriculum is to provide a plan of action. It offers the teacher direction as well as being a guide to persons responsible for selection of students, teachers, and educational resources.
Preceptorial learning activities may be included in a curriculum when the following criteria are met:
Programs in practical nursing shall comply with the following minimum requirements:
Total learning experiences shall consist of not more than 40 hours per week. Concurrent instruction of theory and practice is recommended. The faculty shall be responsible for all the learning experiences of the student and for the adequate supervision of practice throughout the entire curriculum. Patient census must be sufficient in each area to permit meaningful assignment to each student.
Differing curricula patterns may be developed, but the principle of planning a progressive sequence of learning opportunities for students of practical nursing will be common to all. Any program may choose to integrate a specific course throughout the curriculum; however, course outlines must show how all areas of content are included.
Broad areas of content are suggested which may be adapted to the individual programs. The following course content may be combined in other ways or under other titles. (Equivalent credit hours are listed in parentheses.)
INSTRUCTION AND EXPERIENCE | THEORY CLOCK HOURS | CREDIT HOURS | CLINICAL CLOCK HOURS |
VOCATIONAL, LEGAL AND ETHICAL CONCEPTS | 16 | (1) | |
This includes personal development; ethical, legal and social responsibilities with the patient, family and coworkers; communication skills; vocational responsibilities of the practical nurse; nursing organizations; local, state and national health resources; and the concept of delegation appropriate to the level of practice. | |||
BODY STRUCTURE AND FUNCTION | 64 | (4) | |
This includes anatomy and physiology of the human body in all its systems - a foundation for understanding the principles of maintaining positive health, as well as understanding the deviations from normal. | |||
NURSING OF THE GERIATRIC PATIENT | 16 | (1) | 48 (1) |
This includes the normal aging process, characteristics of aging, special problems associated with aging, and experience in the care of the aging patient. | |||
NUTRITION IN HEALTH AND ILLNESS | 32 | (2) | |
This course includes the principles of good nutrition for all age groups and the principles of modifications for therapeutic purposes. Nutrition concepts are to be integrated throughout the entire curriculum. | |||
BASIC NURSING PRINCIPLES AND SKILLS | 160 | (10) | 96 (2) |
This includes the fundamental principles, skills and attitudes needed to give nursing care and prevent spread of disease; common procedures used in the care of the sick and the development of the ability to adapt them to various situations with skill, safety, and comfort for the patient; first aid and CPR; and the development of an awareness of responsibility to make, report and record observations. | |||
NURSING OF ADULT PATIENTS WITH MEDICAL AND SURGICAL CONDITIONS | 128 | (8) | 504 (10.5) |
This includes information about common conditions of illness and nursing care of patients in acute, subacute or convalescent stages of illness, of both short and long term duration, including nutrition and administration of drugs. | |||
NURSING OF CHILDREN | 32 | (2) | 48 (1) |
This includes the principles of growth and development; nursing the infant through adolescence; the behavior of well and sick children. Observation and experience may be found in the nursery, physicians' offices, well-child conferences and other agencies. | |||
NURSING OF MOTHERS AND INFANTS | 32 | (2) | 72 (1.5) |
This includes the principles and practices of nursing care during prenatal, labor, delivery, post partum and neonatal periods. | |||
MENTAL HEALTH AND CARE OF MENTALLY ILL | 16 | (1) | |
Includes an introduction of common conditions of mental illness, prevention of such conditions, and the care of patients suffering from abnormal mental and emotional responses. (Mental hygiene aspects should be integrated throughout the course.) | |||
PHARMACOLOGY | 64 | (4) | |
This includes a brief history of drugs, methods of administration, drugs commonly used in the treatment of illness, and such information as usual dosages, expected actions, side effects, contraindications, and points of observation following the administration of drugs. Formulas for conversion of measures from the apothecary to the metric system, as well as formulas for calculations of dosages for infants and children are included. | |||
TOTALS | 560 THEORY | (35) HOURS | 768 (16) CLINICAL HRS |
Flexibility and experimentation in the development, implementation, and evaluation of programs is encouraged. Major curriculum changes and minimum requirement variations will be considered and must be approved by the Arkansas State Board of Nursing or the Board's representative.
Any institution considering the establishment of a program or off campus/satel lite program in psychiatric technician nursing shall first inform the Board and seek counsel of the Board.
The controlling institution shall establish formal relationships with clinical facilities.
There shall be adequate clerical staff to achieve the objectives of the program.
Policies regarding absenteeism shall be determined by the faculty.
Student vacation time shall be planned by the faculty and be reflected in the master rotation plan for the class.
A school brochure should be current and dated. The publication should include:
A record system essential to the operation of the school shall be maintained. Records shall be safely stored to prevent loss by destruction and unauthorized use.
An annual report shall be submitted no later than December 1st of each year utilizing the format provided by the Board. The report shall indicate any changes in the faculty.
Student final records and applications shall not be notarized prior to the date of completion of the program and must be submitted to the Board office before the date of the licensing examination.
Biological and Physical Science - Content shall be drawn from courses in anatomy and physiology, microbiology, nutrition, and pharmacology.
Behavioral Sciences- Content shall be drawn from courses in psychology, normal growth and development, interpersonal relationships, mental health, fundamental concepts of psychiatry and psychiatric nursing. Content shall also include an understanding of the historical development of the profession, and the ethical, legal, professional and social responsibilities of nurses.
Nursing- Content shall include the major health problems of society; persons in all age groups; the promotion and maintenance of health; the prevention, detection and treatment of disease; rehabilitation; assessing, planning, implementing and evaluating nursing care; and the concept of delegation appropriate to the level of practice.
Preceptorial learning activities may be included in a curriculum when the following criteria are met:
C. COURSE CONTENT Course content shall include, but not be limited to the following: | THEORY CLOCK HOURS | CLINICAL EX PERIENCE CLOCK HOURS |
ANATOMY AND PHYSIOLOGY | 40 | |
Body structure and functioning in man with emphasis on homeostasis and the interrelationship of body parts and systems. | ||
MICROBIOLOGY | 10 | |
Influences, classes and diseases associated with microorganisms. | ||
PHARMACOLOGY | 40 | 80 |
Pharmacologic agents and their use in the prevention, diagnosis, and treatment of illness, including dosage calculations and administration. | ||
NUTRITION | 20 | |
Nutritive needs of the normal individual with emphasis on the roles of nutrients in the body. | ||
FUNDAMENTALS OF NURSING | 96 | 152 |
Basic nursing knowledge and skills, including the wellness concept and the nursing process. | ||
PSYCHIATRIC NURSING | 224 | 408 |
Psychosocial growth and development; therapeutic communication; interpersonal relationships; principles of mental health; and mental illness, including categories, signs and symptoms, treatment and nursing interventions. | ||
DEVELOPMENTAL DISABILITIES | 30 | 60 |
Causes and prevention of developmental disabilities; symptoms and interventions, including habilitation, education and behavioral training. | ||
MEDICAL-SURGICAL NURSING | 110 | 220 |
Utilization of the nursing process in the care of adults with physical illnesses. | ||
OBSTETRIC NURSING | 30 | 60 |
Principles of nursing care during prenatal, labor, delivery, postpartum and neonatal periods. | ||
PEDIATRIC NURSING | 20 | 40 |
Physical, mental and social growth and development from infancy through adolescence; diseases; treatment; and nursing intervention. | ||
GERIATRIC NURSING | 30 | 60 |
Health problems of the aging population, including rehabilitative and restorative measures. | ||
TOTAL HOURS | 650 | 1,080 |
Any anticipated change in curriculum shall be presented in writing and approved by the Board before implementation. This includes:
This exposition of the Rules of Procedure formulated under the Administrative Procedure Act, as amended, ACA & 25-15-201 et seq, does not effect a repeal of the provisions of the nurse practice act, its amendments and related laws, except insofar as these Rules of Procedure were formulated under provisions of law which specifically contravenes provisions of the nurse practice act, its amendments and related laws.
Any such rule shall be made or amended only after a hearing upon notice as set forth in these Rules of Procedure.
PRIOR RULES -VALID
Rules of the Board formulated previously are declared to be still in force until amended and certified to the Arkansas Register.
In any case of rule-making, every person has a right to seek to cause the Board to act to make a rule. Every person also has the right to seek to cause an incorrect rule to be corrected.
Willful violation of any rule of the Board, in addition to any other penalty provided by law, shall subject the violator to such denial, suspension or revocation of approval of a nursing program or license to practice nursing as may be applicable.
Orders of the Board shall be effective only when in writing.
Each order shall contain its effective date and shall concisely state:
An order may be given by service upon or delivery to the person ordered by mail, postage prepaid, addressed to the person at his principal place of business or his home as last of record with the Board. An order may also be served by any officer authorized to serve legal process or by any member of the Board or any employee of the Board. An attempt to serve notice at the last address of record in the Board office shall constitute official notice.
There shall be an order formulated upon each adjudication made by the Board or its hearing officer.
Any person who alleges a rule, or its possible application, may injure or threaten to injure him, his business or property may file a petition for a declaratory order as to the applicability of any rule to be enforced by the Board.
Such petition shall be promptly considered and a prompt disposition shall be made.
Declaratory orders shall have the same status as agency orders formulated upon adjudication.
Applicability of statutes or department orders as to any person may be determined in the same manner by declaratory orders.
All parties shall be afforded opportunity for hearing after reasonable notice. (See Section XI, subsection B.3. infra.)
Opportunity shall be afforded all people interested in the action to respond and present evidence and argument on all issues involved.
Nothing in these rules shall prohibit informal disposition by stipulation, settlement, consent order or default.
The record shall include:
Findings of fact shall be based exclusively on the evidence received and on matters officially noticed.
In every case of adjudication there shall be a final decision, or order, which shall be in writing or stated in the record.
Parties shall be served either personally or by mail with a copy of any decision or order.
Where a formal hearing before a hearing officer has been held at which the parties were given proper notice, and at which opportunity was offered to them to be present in person and by counsel to present testimony, briefs, and argument, a proposal for decision will not be required.
Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the consideration of the Board. The hearing officer may conduct hearings at any place within the State of Arkansas. In the conduct of such hearings, the hearing officer shall preside and have the power and duties of a presiding official as set forth in Section X.D. The decision on the record made by the hearing officer shall be made by a majority of the members of the Board.
In every case of adjudication, and in cases of rule making where rules are to be made after hearing, there shall be a hearing.
Any person compelled to appear before the Board or a hearing officer shall have the right to counsel.
Every member of the Board present shall conduct her/himself in an impartial manner and the presiding official may withdraw if she/he deems her/himself disqualified.
Any party may file an affidavit of personal bias or disqualification which shall be ruled upon by the Board and granted if it is timely, sufficient, and filed in good faith.
The presiding officer of the hearing shall have power to:
The proponent of a rule or order shall have the burden of proof.
Irrelevant, immaterial and unduly repetitious evidence shall be excluded.
Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.
Objections to evidence may be made and shall be noted of record.
When a hearing can be so expedited (and the interests of the parties will not be prejudiced) any part of the evidence may be received in written form.
Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts peculiarly within the Board's specialized knowledge.
The Board shall have sole authority to deny or suspend any license to practice nursing or certificate of prescriptive authority issued by the Board or applied for in accordance with the provisions of this chapter, or to otherwise discipline a licensee upon proof that the person:
Proceedings under this section shall be as provided in the Administrative Procedure Act, as amended, § 25-15-201 et seq.
Proceedings shall be as follows.
Except as provided in subsection 2 below, every licensee or applicant for a license shall be afforded notice and an opportunity to be heard before the Board. The Board shall have authority to take any action the effect of which would be to:
If the Board finds that the continued practice by a licensee of the occupation or profession for which he/she is licensed will create an immediate hazard to the public, the Board may suspend the license pending a hearing without prior notice of hearing.
In any proceeding of the Board involving the denial of a duly made application to take an examination, or refusal to issue a license after an applicant has taken and passed an examination, the burden of satisfying the Board of the applicant's qualifications shall be upon the applicant.
The Board may, after providing notice and a hearing, levy civil penalties in an amount not to exceed one thousand dollars ($1,000.00) for each violation against those individuals or entities found to be in violation of this Chapter or regulations promulgated thereunder.
The APN shall submit his/her DEA Registration to the Board upon request following disciplinary hearing in which the registration is encumbered or suspended.
Any notice required by subsection B.3, above, may be served either personally or by an officer authorized by law to serve process, or by registered mail or certified mail with return receipt requested, directed to the licensee or applicant at his or her last known address as shown by the records of the Board. If notice is served personally, it shall be deemed to have been served at the time when the officer delivers the notice to the person addressed. Where notice is served by registered mail, it shall be deemed to have been served on the date borne by the return receipt showing delivery of the notice to the addressee or refusal of the addressee to accept the notice. An attempt to serve notice at the last address of record shall constitute official notice.
Board hearings held under the provisions of this rule shall be conducted at the Board office or elsewhere in Pulaski County.
Use of Hearing Office - All hearings under this section shall be open to the public.
At all such hearings at least a quorum of the Board shall be present to hear and determine the matter.
A person entitled to be heard pursuant to this section shall have the right to:
In connection with any hearing held pursuant to the provisions of this section, the Board or its hearing officer shall have power to:
In proceedings held pursuant to this rule, the Board may admit any evidence and may give probative effect to evidence that is of a kind commonly relied on by reasonably prudent men in the conduct of serious affairs. The Board may in their discretion exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.
Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a Circuit Court.
After a hearing has been completed, the members of the Board shall proceed to consider the case and as soon as practicable shall render their decision. If the hearing was conducted by a hearing officer, the decision shall be rendered by the Board at a meeting where a quorum of the members of the Board are present and participating in the decision. In any case the decision must be rendered within ninety (90) days after the hearing.
Within a reasonable time after the decision is rendered, the Board shall serve upon the person whose license is involved a written copy of the decision, either personally or by registered mail to the last address of record in the Board office. If the decision is sent by registered mail, it shall be deemed to have been served on the date borne on the return receipt.
If a person duly notified fails to appear for a disciplinary hearing and no continuance has been granted, the Board, or its hearing officer, shall hear the evidence of such witnesses as may have appeared, and the Board shall proceed to consider the matter and dispose of it on the basis of the evidence before it in the manner required by subsection L of Section XI. Failure of the licensee to keep the Board informed of a change of address shall not be grounds to have the hearing reopened.
Where because of accident, sickness, or other cause a person fails to appear for a hearing which has been scheduled by the Board, the person may, within a reasonable time, apply to the Board to reopen the proceeding; and the Board, upon finding such cause sufficient, shall immediately fix a time and place for hearing, and give such person notice thereof as required by Sections XI.B.3. and XI.E. At the time and place fixed, a hearing shall be held in the same manner as would have been employed if the person had appeared in response to the original notice of hearing.
The decision of the Board shall contain:
Judicial review of proceedings under this rule shall be set out in Section XII.
The validity or applicability of a rule may be determined in an action of declaratory judgment if it is alleged that the rule (or its threatened application) injures or threatens to injure the plaintiff.
An application for declaratory judgment may be brought in the circuit court of Pulaski County.
The Board shall be named defendant.
A declaratory judgment may be sought and rendered whether or not the plaintiff requested the Board to act upon the validity or applicability of the questioned rule.
RULE MAKING
If the Board shall unlawfully, unreasonably, or capriciously fail, refuse, or delay to act in respect to rule-making, any person may sue for an order commanding the Board to act.
VENUE - CHANCERY COURTS
The suit may be brought in the chancery court of Pulaski County.
Any person who considers himself injured by a failure to act in a case of adjudication has the same judicial review as in a matter of failure to act pertaining to rule-making.
VENUE - CHANCERY COURTS
The plaintiff may bring suit for an order commanding the Board to act. The suit shall be in the Pulaski Chancery Court.
In cases of adjudication, any person who considers himself injured in his person, business or property by final Board action shall be entitled to judicial review.
Nothing in this section shall be construed to limit other means of review provided by law.
Proceedings for review may be instituted by filing a petition in the circuit court of Pulaski County or the county in which the person resides.
The petition shall be filed within thirty days after service of the Board's final decision of the adjudication upon petitioner.
Service shall be had by serving a copy of the petition upon the Board and all other parties of record either by personal service or by mail.
The court may permit other interested parties to intervene.
Filing of the petition shall not automatically stay enforcement of the Board decision. The Board, upon its own action, or the reviewing court may stay the order upon such terms as may be just.
Response shall be made within thirty {30} days after service of the petition, or within such time as the court may allow, but not exceeding a total of ninety (90) days.
The Board shall transmit the record to the reviewing Court.
Additional evidence may be had if, before the date for hearing, application is made to the Court for leave to present additional evidence.
The review shall be conducted by the court without jury and shall be confined to the record.
EXCEPTION:
The reviewing court may affirm the decision of the Board, or it may remand the case for further proceedings. It also may reverse or modify the decision if substantive rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
In cases of disciplinary proceedings any respondent shall be entitled to judicial review of the final Board action.
Proceedings for review may be instituted by filing a petition in the Circuit Court of Pulaski County or the county in which the person resides.
The petition shall be filed within thirty days after service of the Board's final decision of the adjudication upon petitioner.
Service shall be had by serving a copy of the petition upon the president or the secretary of the Board.
Filing of the petition shall not automatically stay enforcement of the Board decision. The Board, upon its own action, or the reviewing court may stay the decision or order upon such terms as may be just.
Response shall be made within thirty (30) days after service of petition, or within such time as the court may allow, but not exceeding a total of ninety (90) days.
The Board shall transmit the record to the reviewing court.
Additional evidence may be had if, before the date for hearing, application is made to the court for leave to present additional evidence.
The review shall be conducted by the court without a jury and shall be confined to the record.
In cases of alleged irregularities in procedure before the Board {not shown in the record) testimony may be taken before the court.
The reviewing court may affirm the decision of the Board, or it may remand the case for further proceedings. It also may reverse or modify the decision if substantive rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
Appeals to the Arkansas Supreme Court from any final action of a chancery or circuit court shall follow the procedure prescribed by law.
The Board may institute such civil suits or other legal proceedings as may be required for enforcement of any provisions of ACA § 17-86-101 through 17-86-401 (Nurse Practice Act), as amended, and related acts.
If the Board has reason to believe that any person has violated any provisions of the Nurse Practice Act, as amended, or related acts for which criminal prosecution would be in order, it shall so inform the prosecuting attorney in whose district any such purported violation may have occurred.
The term "gross negligence" is an exercise of such minimal care as to justify the belief that there was a conscious disregard or indifference for the health, safety, or welfare of the patient or the public and shall be considered a substantial departure from the accepted standard of care.
The term "other causes" shall include but not be limited to the inability to practice nursing because of physical and/or psychological impairment.
The Board shall collect the following fees.
Thirty dollars ($30.00) for registered nurse, practical nurse, psychiatric technician nurse licensure examination.
Fifty dollars ($50.00) for licensure by endorsement as a registered nurse, licensed practical nurse, or licensed psychiatric technician nurse.
Twenty-five dollars ($25.00) for initial licensure or renewal of licensure as a registered nurse, advanced practice nurse, registered nurse practitioner, licensed practical nurse or licensed psychiatric technician nurse.
Twenty-five dollars ($25.00) for a certificate of prescriptive authority.
Thirty dollars ($30.00) for reinstatement of lapsed licensure as a registered nurse, licensed practical nurse, licensed psychiatric technician nurse, registered nurse practitioner or advanced practice nurse.
Twenty dollars ($20.00) for a certified statement that a registered nurse, registered nurse practitioner, advanced practice nurse, licensed practical nurse or licensed psychiatric technician nurse is licensed in this state.
Five dollars ($5.00) credential fee for a duplicate license or certificate.
Five dollars ($5.00) for a replacement license following a name change.
Ten dollars ($10.00) for reinstatement from inactive status.
Five dollars ($5.00) for a certified copy of records
All fees collected by the Board are nonrefundable.
067.00.95 Ark. Code R. 001