NOTICE OF PUBLIC HEARING
Pursuant to Hawaii Revised Statutes (“HRS”) section 448E-4 and Chapter 91, notice is hereby given that the Board of Nursing (“Board”) will hold a public hearing on Thursday, February 7, 2013 at 8:30 a.m. in the Queen Liliuokalani Conference Room, First Floor, King Kalakaua Building, Department of Commerce and Consumer Affairs, 335 Merchant Street, Honolulu, Hawaii, to hear all persons interested in the proposed amendments to Hawaii Administrative Rules (“HAR”) Chapter 16-89 pertaining to nurses.
The purposes of the proposed amendments are to: (1) Align the administrative rules with the statute (law), which was amended pursuant to Act 110, SLH 2011, which repealed the requirement for advanced practice registered nurses with prescriptive authority (“APRN-Rx”) to have an appropriate working relationship with a physician in order to prescribe drugs, both controlled and non-controlled substances; (2) Amend the list of national certifying bodies to reflect the current name of the national certifying body for nurse midwives, pediatric nurse practitioners and nurse anesthetists; (3) Amend the Board’s examination policies to clarify that the passing standards for the NCLEX-RN and NCLEX-PN examinations shall be established by the National Council of State Boards of Nursing (“NSCBN”); (4) Require a Hawaii nursing program to publish and make available, an accurate description of the program in effect, to allow a Hawaii nursing program to suspend its program for not more than a year and requires the nursing program to notify the Board one year before the proposed closing and to make arrangements for enrolled students; (5) Amending the number of years from three to six that an applicant whose license has been revoked by the Board, may not be required to take an examination for relicensure; (6) Clarifying that an APRN-Rx may prescribe schedules II – V but not any drug or related drug product listed on the Exclusionary Formulary; (6) Amend the prescriptive authority eligibility requirements by deleting the continuing education related to controlled substances requirement, deleting the requirement for the submission of the registration with the State of Hawaii Department of Public Safety, Narcotics Enforcement Division and the U.S. Department of Justice, Drug Enforcement Agency, deleting the requirement to submit proof of a collaborative agreement with a physician in order to prescribe drugs and deleting the requirement for the advanced practice registered nurse to file a separate application and pay additional fees for prescriptive authority; (7) Include a revised, Board approved Exclusionary Formulary for APRNs with prescriptive authority; (8) Amend the renewal deadline of the APRN with prescriptive authority to coincide with their RN and APRN renewal; (9) Amend reference to specific sections in the NCSBN Model Nurse Practice Act and NCSBN Model Nursing Administrative Rules to avoid confusion when the NCSBN renumbers the Model Practice Act and Model Nursing Administrative Rules; (10) Amend the number of hours from eighty to sixty, required for a nurse who wishes to reactive his/her nurse license if the nurse has not practiced nursing, for both the didactic and clinical hours; and (11) Make other non-substantive changes for the purposes of style and clarity.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, at the time of hearing. All persons wishing to submit written testimony are requested to submit 10 copies of their written testimony by Monday, January 21, 2013, to the Professional and Vocational Licensing Division at the address printed below.
A copy of the proposed rules will be mailed to any person who requests a copy upon receipt of $16.25 for the copy and postage. Please submit your request to the Professional and Vocational Licensing Division at the address noted below or contact the Board’s office at (808) 586-2695.
Copies may be picked up at the following address between 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays: Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, 335 Merchant Street, Room 343, Honolulu, Hawaii 96813. The cost of a copy, $14.25, is due and payable at the time of pick up.
Further, the proposed rules may be reviewed in person free of charge at the Professional and Vocational Licensing Division at the address and hours of operation printed above. In addition, the full text of the proposed rules is available and can be downloaded free of charge from the web site of the Department of Commerce and Consumer Affairs:
Individuals who require special needs accommodations are invited to call Lee Ann Teshima at (808) 586-2695 at least four (4) working days prior to the hearing.
Matthew Bishop, Chairperson
Board of Nursing
State of Hawaii