GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001

SESSION LAW 2001-98
SENATE BILL 463

AN ACT TO AMEND THE LAWS RELATING TO THE PRACTICE OF NURSING.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90‑171.20 reads as rewritten:
"§ 90‑171.20.  Definitions.
As used in this Article, unless the context requires otherwise:
(1)	"Board" means the North Carolina Board of Nursing.
(2)	"Health care provider" means any licensed health care professional and any agent or employee of any health care institution, health care insurer, health care professional school, or a member of any allied health profession. For purposes of this Article, a person enrolled in a program that prepares the person to be a licensed health care professional or an allied health professional shall be deemed a health care provider.
(3)	"License" means a permit issued by the Board to practice nursing as a registered nurse or as a licensed practical nurse, including a renewal thereof.
(4)	"Nursing" is a dynamic discipline which includes the assessing, caring, counseling, teaching, referring and implementing of prescribed treatment in the maintenance of health, prevention and management of illness, injury, disability or the achievement of a dignified death. It is ministering to; assisting; and sustained, vigilant, and continuous care of those acutely or chronically ill; supervising patients during convalescence and rehabilitation; the supportive and restorative care given to maintain the optimum health level of individuals, groups, and communities; the supervision, teaching, and evaluation of those who perform or are preparing to perform these functions; and the administration of nursing programs and nursing services.
(5)	"Nursing program" means any educational program in North Carolina offering to prepare persons to meet the educational requirements for licensure under this Article.
(6)	"Person" means an individual, corporation, partnership, association, unit of government, or other legal entity.
(7)	The "practice of nursing by a registered nurse" consists of the following 10 components:
a.	Assessing the patient's physical and mental health, including the patient's reaction to illnesses and treatment regimens.
b.	Recording and reporting the results of the nursing assessment.
c.	Planning, initiating, delivering, and evaluating appropriate nursing acts.
d.	Teaching, assigning, delegating to or supervising other personnel in implementing the treatment regimen.
e.	Collaborating with other health care providers in determining the appropriate health care for a patient but, subject to the provisions of G.S. 90‑18.2, not prescribing a medical treatment regimen or making a medical diagnosis, except under supervision of a licensed physician.
f.	Implementing the treatment and pharmaceutical regimen prescribed by any person authorized by State law to prescribe the regimen.
g.	Providing teaching and counseling about the patient's health.
h.	Reporting and recording the plan for care, nursing care given, and the patient's response to that care.
i.	Supervising, teaching, and evaluating those who perform or are preparing to perform nursing functions and administering nursing programs and nursing services.
j.	Providing for the maintenance of safe and effective nursing care, whether rendered directly or indirectly.
(8)	The "practice of nursing by a licensed practical nurse" consists of the following seven components:
a.	Participating in the assessment of the patient's physical and mental health, including the patient's reaction to illnesses and treatment regimens.
b.	Recording and reporting the results of the nursing assessment.
c.	Participating in implementing the health care plan developed by the registered nurse and/or prescribed by any person authorized by State law to prescribe such a plan, by performing tasks assigned or delegated by and performed under the supervision or under orders or directions of a registered nurse, physician licensed to practice medicine, dentist, or other person authorized by State law to provide the supervision.
c1.	Assigning or delegating nursing interventions to other qualified personnel under the supervision of the registered nurse.
d.	Participating in the teaching and counseling of patients as assigned by a registered nurse, physician, or other qualified professional licensed to practice  in North Carolina.
e.	Reporting and recording the nursing care rendered and the patient's response to that care.
f.	Maintaining safe and effective nursing care, whether rendered directly or indirectly."
SECTION 2.  G.S. 90‑171.21(d) reads as rewritten:
"(d)	Qualifications. – Three of the registered nurse members shall hold positions with primary responsibility in nursing education and shall hold baccalaureate or advanced degrees. Six shall hold positions with primary responsibility in providing nursing care to patients. Of the six registered nurse members with primary responsibility in providing nursing care to patients, two shall be employed by a hospital and at least one shall be a hospital nursing service director; one shall be employed by a physician licensed to practice medicine in North Carolina and engaged in the private practice of medicine; one shall be employed by a skilled or intermediate care facility; one shall be either a nurse practitioner, nurse anesthetist, nurse midwife, or clinical nurse specialist; and one shall be a community health nurse. If no nurse is nominated in one of the categories, the position shall be an at‑large registered nursing position.
(1)	All registered nurse members shall meet the following criteria:
a.	Hold a current license to practice as a registered nurse in North Carolina.
b.	Have at least five years' experience in nursing practice, nursing administration, and/or nursing education.
c.	Have been engaged in nursing practice, nursing administration, or nursing education for at least three years immediately preceding election.
(2)	Licensed practical nurse members shall meet the following criteria:
a.	Hold a current license to practice as a licensed practical nurse in North Carolina.
b.	Be a graduate of a board‑approved program for the preparation of practical nurses.
c.	Have at least five years' experience as a licensed practical nurse.
d.	Have been engaged in practical nursing for at least three years immediately preceding election.
(3)	A public member shall not be a health care provider nor the spouse of a health care provider. Public members shall reasonably represent the population of the State.
(4)	The nurse practitioner, nurse anesthetist, nurse midwife, or clinical nurse specialist member shall be recognized by the Board as a registered nurse who meets the following criteria:
a.	Has graduated from or completed a graduate level advanced practice nursing education program accredited by a national accrediting body.
b.	Maintains current certification or recertification from a national credentialing body approved by the Board or meets other requirements established by rules adopted by the Board.
c.	Practices in a manner consistent with rules adopted by the Board and other applicable law."
SECTION 3.  G.S. 90‑171.23(b) reads as rewritten:
"(b)	Duties, powers. The Board is empowered to:
(1)	Administer this Article.
(2)	Issue its interpretations of this Article.
(3)	Adopt, amend or repeal rules and regulations as may be necessary to carry out the provisions of this Article.
(4)	Establish qualifications of, employ, and set the compensation of an executive officer who shall be a registered nurse and who shall not be a member of the Board.
(5)	Employ and fix the compensation of other personnel that the Board determines are necessary to carry into effect this Article and incur other expenses necessary to effectuate this Article.
(6)	Examine, license, and renew the licenses of duly qualified applicants for licensure.
(7)	Cause the prosecution of all persons violating this Article.
(8)	Prescribe standards to be met by the students, and to pertain to faculty, curricula, facilities, resources, and administration for any nursing program as provided in G.S. 90-171.38.
(9)	Survey all nursing programs at least every five years or more often as deemed necessary by the Board or program director.
(10)	Grant or deny approval for nursing programs as provided in G.S. 90-171.39.
(11)	Upon request, grant or deny approval of continuing education programs for nurses as provided in G.S. 90-171.42.
(12)	Keep a record of all proceedings and make available to the Governor and licensees an annual summary of all actions taken.
(13)	Appoint, as necessary, advisory committees which may include persons other than Board members to deal with any issue under study.
(14)	Appoint and maintain a subcommittee of the Board to work jointly with the subcommittee of the North Carolina Medical Board to develop rules and regulations to govern the performance of medical acts by registered nurses and to determine reasonable fees to accompany an application for approval or renewal of such approval as provided in G.S. 90‑6. The fees and rules developed by this subcommittee shall govern the performance of medical acts by registered nurses and shall become effective when they have been adopted by both Boards.
(15)	Recommend and collect such fees for licensure, license renewal, examinations and reexaminations as it deems necessary for fulfilling the purposes of this Article.
(16)	Adopt a seal containing the name of the Board for use on all certificates, licenses, and official reports issued by it.
(17)	Enter into interstate compacts to facilitate the practice and regulation of nursing.
(18)	Establish programs for aiding in the recovery and rehabilitation of nurses who experience chemical addiction or abuse or mental or physical disabilities and programs for monitoring such nurses for safe practice."
SECTION 4.  G.S. 90‑171.37 reads as rewritten:
"§ 90‑171.37.  Revocation, discipline, suspension, probation, or denial of licensure.
The Board shall initiate an investigation upon receipt of information about any practice that might violate any provision of this Article or any rule or regulation promulgated by the Board. In accordance with the provisions of Chapter 150B of the General Statutes, the Board shall have the power and authority to: (i) refuse to issue a license to practice nursing; (ii) refuse to issue a certificate of renewal of a license to practice nursing; (iii) revoke or suspend a license to practice nursing; and (iv) invoke other such disciplinary measures, censure, or probative terms against a licensee as it deems fit and proper; in any instance or instances in which the Board is satisfied that the applicant or licensee: 
(1)	Has given false information or has withheld material information from the Board in procuring or attempting to procure a license to practice nursing.
(2)	Has been convicted of or pleaded guilty or nolo contendere to any crime which indicates that the nurse is unfit or incompetent to practice nursing or that the nurse has deceived or defrauded the public.
(3)	Has a mental or physical disability or uses any drug to a degree that interferes with his or her fitness to practice nursing.
(4)	Engages in conduct that endangers the public health.
(5)	Is unfit or incompetent to practice nursing by reason of deliberate or negligent acts or omissions regardless of whether actual injury to the patient is established.
(6)	Engages in conduct that deceives, defrauds, or harms the public in the course of professional activities or services.
(7)	Has violated any provision of this Article.
(8)	Has willfully violated any rules enacted by the Board.
The Board may take any of the actions specified above in this section when a registered nurse approved to perform medical acts has violated rules governing the performance of medical acts by a registered nurse; provided this shall not interfere with the authority of the North Carolina Medical Board to enforce rules and regulations governing the performance of medical acts by a registered nurse.
The Board may reinstate a revoked license, revoke censure or probative terms, or remove other licensure restrictions when it finds that the reasons for revocation, censure or probative terms, or other licensure restrictions no longer exist and that the nurse or applicant can reasonably be expected to safely and properly practice nursing."
SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 10th day of May, 2001.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 12:46 p.m. this 18th day of May, 2001