§ 40-33-34. A CNM also may practice pursuant to written policies and procedures for practice developed and agreed to with a physicia.
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/sc/title-40-professions-and-occupations/chapter-33/nurses/40-33-34-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 40-33-34. A CNM also may practice pursuant to written policies and procedures for practice developed and agreed to with a physician who is board certified or board eligible by the American College of Obstetricians and Gynecologists. Written policies and procedures constitute a practice agreement for purposes of compliance with Section 40-33-34 and must address medical aspects of care including prescriptive authority and must contain transfer policies and details of the on-call agreement with the physician with whom the policies and procedures were developed and agreed.
The on-call physician has the authority to designate another qualified physician to be the on-call physician if necessary. The on-call physician must be available to the CNM to provide medical assistance in person, by telecommunications, or by other electronic means.
(46)"Practice of nursing" means the provision of services for compensation, except as provided in this chapter, that assists persons and groups to obtain or promote optimal health. Nursing practice requires the use of nursing judgment. Nursing judgment is the logical and systematic cognitive process of identifying pertinent information and evaluating data in the clinical context in order to produce informed decisions, which guide nursing actions. Nursing practice is provided by advanced practice registered nurses, registered nurses, and licensed practical nurses. The scope of nursing practice varies and is commensurate with the educational preparation and demonstrated competencies of the person who is accountable to the public for the quality of nursing care. Nursing practice occurs in the state in which the recipient of nursing services is located at the time nursing services are provided.
(47)"Practice of practical nursing" means the performance of health care acts that require knowledge, judgment, and skill and must be performed under the supervision of an advanced practice registered nurse, registered nurse, licensed physician, licensed dentist, or other practitioner authorized by law to supervise LPN practice. The practice of practical nursing includes, but is not limited to:
(a)collecting health care data to assist in planning care of persons;
(b)administering and delivering medications and treatments as prescribed by an authorized licensed provider;
(c)implementing nursing interventions and tasks;
(d)providing basic teaching for health promotion and maintenance;
(e)assisting in the evaluation of responses to interventions;
(f)providing for the maintenance of safe and effective nursing care rendered directly or indirectly;
(g)participating with other health care providers in the planning and delivering of health care;
(h)delegating nursing tasks to qualified others;
(i)performing additional acts that require special education and training and that are approved by the board including, but not limited to, intravenous therapy and other specific nursing acts and functioning as a charge nurse.
(48)"Practice of registered nursing" means the performance of health care acts in the nursing process that involve assessment, analysis, intervention, and evaluation. This practice requires specialized independent judgment and skill and is based on knowledge and application of the principles of biophysical and social sciences. The practice of registered nursing includes, but is not limited to:
(a)assessing the health status of persons and groups;
(b)analyzing the health status of persons and groups;
(c)establishing outcomes to meet identified health care needs of persons and groups;
(d)prescribing nursing interventions to achieve outcomes;
(e)implementing nursing interventions to achieve outcomes;
(f)administering and delivering medications and treatments prescribed by an authorized licensed provider;
(g)delegating nursing interventions to qualified others;
(h)providing for the maintenance of safe and effective nursing care rendered directly or indirectly;
(i)providing counseling and teaching for the promotion and maintenance of health;
(j)evaluating and revising responses to interventions, as appropriate;
(k)teaching and evaluating the practice of nursing;
(l)managing and supervising the practice of nursing;
(m)collaborating with other health care professionals in the management of health care;
(n)participating in or conducting research, or both, to enhance the body of nursing knowledge;
(o)consulting to improve the practice of nursing; and
(p)performing additional acts that require special education and training and that are approved by the board.
(49)"Private reprimand" means a statement by the board that a violation was committed by a person authorized to practice which has been declared confidential and which is not subject to disclosure as a public document.
(50)"Probation" means the issuance of an authorization to practice with terms and conditions imposed by the board. The holder of the authorization to practice on probation may petition the board for reinstatement to full, unrestricted practice upon compliance with all terms and conditions imposed by the board.
(51)"Public reprimand" means a publicly available statement of the board that a violation was committed by a person authorized to practice.
(52)"Readily available" means the physician or medical staff who enters into a practice agreement with an NP, CNM, or CNS must be able to be contacted either in person or by telecommunications or other electronic means to provide consultation and advice to the NP, CNM, or CNS performing medical acts.
(53)"Registered Nurse" means a person to whom the board has issued an authorization to practice as a registered nurse.
(54)"Restriction" means a limitation on the activities in which a licensee may engage under an authorization to practice, including revocation, suspension, or probation.
(55)"Revocation" means the cancellation or withdrawal of a license or other authorization issued by the board either permanently or for a period specified by the board before the person is eligible to reapply. A person whose license or other authorization has been permanently revoked by the board is permanently ineligible for a license or other authorization of any kind from the board.
(56)"Special education and training" means an organized advanced course of study acceptable to the board, required to expand a nurse's scope of practice. This educational training must be completed after graduation from one's basic nursing education program and includes both theory and clinical practice.
(57)"Supervision" means the process of critically observing, directing, and evaluating another's performance.
(58)"Suspension" means the temporary withdrawal of authorization to practice for either a definite or indefinite period of time ordered by the board. The holder of a suspended authorization to practice may petition the board for reinstatement to practice upon compliance with all terms and conditions imposed by the board.
(59)"State or jurisdiction in this country" means a state of the United States or the District of Columbia and does not include a territory or dependency of the United States.
(60)"Temporary permit" means a current time-limited document that authorizes the practice of nursing at the level for which one is seeking licensure.
(61)"Underserved or rural area" means an area determined by a federal or state agency authorized to determine such a designation.
(62)"Underserved population" means a population residing in a rural or urban area, which includes, but is not limited to:
(a)persons receiving Medicaid, Medicare, Department of Health and Environmental Health care, or free clinic care;
(b)those residing in long-term care settings or receiving care from a licensed hospice;
(c)those in institutions including, but not limited to, incarceration institutions and mental health institutions; and
(d)persons including, but not limited to, the homeless, HIV patients, children, women, the economically disadvantaged, the uninsured, the underinsured, the developmentally disabled, the medically fragile, the mentally ill, migrants, military persons and their dependents, and veterans and their dependents.
(63)"Unlicensed assistive personnel" or "UAP" are persons not currently licensed by the board as nurses, or persons who are not certified medical assistants as defined in Section 40-33-20(67), who perform routine nursing tasks that do not require a specialized knowledge base or the judgment and skill of a licensed nurse. Nursing tasks performed by a UAP must be performed under the supervision of a physician, physician assistant, advanced practice registered nurse, registered nurse, or selected licensed practical nurse. Unlicensed assistive personnel must not administer medications except as otherwise provided by law.
(64)"Unprofessional conduct" means acts or behavior that fail to meet the minimally acceptable standard expected of similarly situated professionals including, but not limited to, conduct that may be harmful to the health, safety, and welfare of the public, conduct that may reflect negatively on one's fitness to practice nursing, or conduct that may violate any provision of the code of ethics adopted by the board or a specialty.
(65)"Voluntary surrender" means the invalidation of a nursing license at the time of its surrender and thereafter. A person whose license is voluntarily surrendered may not practice nursing or represent oneself to be a nurse until the board takes action.
(66)"Volunteer license" means authorization of a retired nurse to provide nursing services to others through an identified charitable organization without remuneration.
(67)"Certified medical assistant" or "CMA" means a person who is a graduate of a post-secondary medical assisting education program accredited by the National Healthcareer Association, or its successor; by the Commission on Accreditation of Allied Health Education Programs, or its successor; by the Accrediting Bureau of Health Education Schools, or its successor; or by any accrediting agency recognized by the United States Department of Education. The accredited post-secondary medical assisting education program must include courses in anatomy and physiology, medical terminology, pharmacology, medical laboratory techniques, and clinical experience. A certified medical assistant must maintain current certification from the certifying board of the American Association of Medical Assistants, the National Center for Competency Testing, the National Certification Medical Association, American Medical Technologists, or any other recognized certifying body approved by the Board of Medical Examiners.