reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 5 - LICENSE RENEWAL › Section 16-89-31 - Right to proceed

Current through June, 2024
Placing a nursing license in inactive status shall not
				  deprive the board of jurisdiction to proceed with disciplinary proceedings
				  pursuant to chapter
				  91, HRS, and chapter
				  16-201.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 6 - APPROVAL OF NURSING EDUCATION › Section 16-89-34 - Types of approval

Current through June, 2024
(a) Approval is a
				process established to ensure that educational programs meet minimum standards
				in preparing safe practitioners as set forth in chapter
				457, HRS,
				and this chapter.
(b) Approval
				shall be granted when all requirements of chapter
				457, HRS,
				this chapter, and an accrediting body recognized by the board have been
				met.
(c) Probationary approval
				shall be granted if the board determines that any approved nursing education
				program is not maintaining the standards required by law and by the board,
				notice thereof in writing specifying the discrepancies shall be immediately
				given to the institution conducting the program. A program which fails to
				correct these conditions to the satisfaction of the board within a reasonable
				time may be subject to losing board approval after a hearing held in
				conformance with chapter
				91.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 6 - APPROVAL OF NURSING EDUCATION › Section 16-89-35 - Denial of approval

Current through June, 2024
Prior to denial of approval or change of approval status, a
				  hearing shall be held pursuant to chapter
				  91, HRS, and chapter
				  16-201. A hearing may be petitioned by
				  the board after a program has been given two consecutive warnings and has not
				  presented sufficient evidence of meeting prescribed rules.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 6 - APPROVAL OF NURSING EDUCATION › Section 16-89-36 - Survey of approved programs

Current through June, 2024
Hawaii nursing education programs which are approved shall be
				  surveyed on a four-year cycle beginning 1976 unless budgetary or other
				  constraints beyond the control of the board renders surveyance impractical or
				  impossible. Programs granted probationary approval may be surveyed at a time
				  interval of less than four years at the board's discretion.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 6 - APPROVAL OF NURSING EDUCATION › Section 16-89-37 - Accreditation

Current through June, 2024
(a) Any Hawaii nursing education program
				awarded a certificate of accreditation by an accrediting body recognized by the
				board may apply to the board for approval, provided the applicant:
(1) Holds a certificate with a designation of
				full accreditation; and
(2) Submits
				a copy of the certificate and the accrediting body's accreditation evaluation
				report.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 7 - DEVELOPMENT OF A NEW NURSING PROGRAM › Section 16-89-40 - Requirements

Current through June, 2024
(a) Control of the new nursing program shall
				be vested in the governing body of a university or community college A new
				program in nursing may be given initial approval after completion of the
				requirements of this section.
(b)
				Phase I - twelve months prior to the intended opening of school.
(1) Any agency or institution considering the
				establishment of a school shall advise the board of its intent in
				writing;
(2) The following
				information shall be submitted in writing:
(A)
				Purpose of establishing the school;
(B) Philosophy, objectives, and accreditation
				status of the controlling agency or institution;
(C) Type of educational program to be
				established;
(D) Relationship to
				the controlling agency or institution;
(E) Financial resources of the
				program;
(F) Need and readiness of
				the community to support the program;
(G) Source of potential students;
(H) Clinical and physical facilities for
				program;
(I) Recruitment activities
				relative to securing a director of the program; and
(J) Tentative timetable for initiating the
				program.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-44 - Philosophy or mission

Current through June, 2024
The philosophy or mission of all nursing programs approved in
				  this State shall be as follows:
(1)
				The formulation of a statement of philosophy or mission is the responsibility
				of the faculty;
(2) The philosophy
				as stated shall be in agreement with the philosophy of the controlling
				institution;
(3) The needs of the
				consumer of nursing services and the needs of the student in nursing shall be
				included in the statement of philosophy or mission;
(4) The statement of philosophy or mission
				shall be used by the faculty in planning the total educational
				program;
(5) The philosophy shall
				reflect the beliefs of the faculty in relation to education, nursing, learning,
				and faculty responsibility for direction and guidance of learning
				experiences;
(6) The mission shall
				be comprehensive in scope, consistent with the stated philosophy and with the
				resources available; and
(7) The
				program objectives or outcomes shall specifically identify the competencies in
				nursing for which the graduate is prepared.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-45 - Organization and administration

Current through June, 2024
(a) The control of
				the school shall be vested in the controlling institution. The function of the
				controlling institution shall be to ensure that the facilities and leadership
				will provide the best possible services to students and faculty and provide for
				a sound educational program. Each institution shall have an organizational
				chart showing agency control, relationships, and lines of authority.
(b) Sufficient funds shall be available for
				carrying out objectives of the program. A budget shall be prepared in
				accordance with sound educational and financial practices.
(c) Organization of the faculty shall enable
				it to carry fully its responsibility for planning, implementing, and evaluating
				the philosophy, mission, objectives, and curriculum of the educational program.
				The following shall be available for review:
(1) Chart showing faculty
				organization;
(2) Minutes of
				faculty meetings;
(3) Faculty
				handbook; and
(4) Curriculum vitae
				of each faculty member.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-46 - Curriculum

Current through June, 2024
Curriculum shall be subject to the following requirements.
				  The curriculum shall be:
(1) Planned,
				implemented, and evaluated by faculty;
(2) Based on the philosophy or mission and
				program objectives of outcomes of the nursing education program;
(3) Consistent with the policies of the
				controlling institution, current standards and competencies of nursing
				practice, and laws governing the practice of nursing;
(4) Logically organized and sequenced
				appropriately; and
(5) For a period
				of time that shall ensure sufficient preparation for the safe and effective
				practice of nursing.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-47 - The minimum curriculum for programs preparing registered nurses

Current through June, 2024
(a) The curriculum shall be approved by a
				national accrediting nursing organization recognized by the board. A new
				nursing program shall apply for national accreditation at the earliest possible
				date as defined by the accrediting agency.
(b) The curriculum shall include courses in
				the biological and physical sciences, social and behavioral sciences, and the
				arts or humanities.
(c) The
				curriculum shall include courses in nursing that include, but are not limited
				to:
(1) Theory and clinical experiences based
				on the nursing process;
(2) Nursing
				care of clients, as individuals and groups, through the lifespan in a variety
				of settings for the promotion, maintenance, and restoration of health;
				and
(3) Legal and ethical issues,
				history and trends in nursing, and professional responsibility.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-48 - The minimum curriculum for programs preparing licensed practical nurses

Current through June, 2024
(a) The curriculum shall include a minimum of
				thirty semester credits of which at least forty per cent of the nursing credits
				are laboratory or clinical instruction.
(b) The curriculum shall have courses in:
(1) Biological sciences and social or
				behavioral sciences; and
(2)
				Nursing:
(A) Nursing care of clients, as
				individuals and families based in nursing process throughout the
				lifespan;
(B) Assisting clients in
				all age groups to meet relatively stable, predictable nursing
				requirements;
(C) Assisting the
				registered nurse in complex nursing situations; and
(D) Ethical and legal aspects of nursing
				relevant to the licensed practical nurse.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-50 - Annual report required

Current through June, 2024
(a) The institution
				conducting the educational program of nursing shall submit an annual report of
				statistical data and qualitative program information to the board by September
				1 of each year. The board may extend the deadline if the institution is unable
				to timely submit the report for reasons satisfactory to the board.
(b) The report shall include, but not be
				limited to, the following information:
(1)
				Pass rates of NCLEX-RN and NCLEX-PN candidates of the school in the last twelve
				months;
(2) Number of full-time and
				part-time faculty, rationale for non-nurse faculty or faculty who do not meet
				the requirements of section
				16-89-45,
				and faculty application curriculum vitae, and certified transcripts of new
				faculty;
(3) Data regarding student
				applications, enrollment, graduation rates, and anticipated number of graduates
				for each academic year;
(4) Any
				changes or anticipated changes to the curriculum;
(5) Changes in fiscal resources or
				administrators; and
(6) Other
				substantive information as deemed necessary by the board.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 8 - STANDARDS FOR NURSING PROGRAMS › Section 16-89-51 - Closing of an approved nursing education program

Current through June, 2024
(a)
				Voluntary closing. When the governing institution anticipates the closing of a
				nursing education program, it shall notify the board in writing, stating the
				reason, plan, and date of the intended closing. Notice of intent to discontinue
				a nursing program shall be transmitted to the board at least thirty days prior
				to public announcement. The governing institution shall choose one of the
				following closing procedures:
(1) The program
				shall continue until the last class of enrolled graduates:
(A) The program shall continue to meet the
				standards for approval until all of the enrolled students graduate;
(B) The date of closure is the date on the
				degree, diploma, or certificate of the last graduate; and
(C) The governing institution shall notify
				the board of the actual closing date.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 9 - MAJOR REVISION OF NURSING PROGRAM › Section 16-89-52 - Phase I - twelve months prior to initiating revised program

Current through June, 2024
Any agency or institution considering major revision of the
				  nursing program shall advise the board of its intent in writing. The following
				  information shall be submitted in writing:
(1) Justification for revision;
(2) Need and readiness of community to
				support the program; and
(3)
				Tentative timetable for planning, organizing, and initiating the new
				curriculum.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 9 - MAJOR REVISION OF NURSING PROGRAM › Section 16-89-53 - Phase II - six months prior to initiating revised program

Current through June, 2024
The following documented evidence of readiness to implement
				  the new program which shall be submitted to the board in writing:
(1) Statements of philosophy and
				purpose;
(2) Curriculum
				framework;
(3) Curriculum and its
				objectives including terminal behaviors of the graduates;
(4) Admission policies and plans for student
				welfare;
(5) Statements of policy
				necessary for operation of the program;
(6) Plans for resources and facilities
				including clinical facilities and services; and
(7) Tentative program calendar.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 11 - UNPROFESSIONAL CONDUCT › Section 16-89-59 - Unprofessional conduct

Current through June, 2024
Nursing behavior which fails to conform to legal standards
				  and accepted standards of the nursing profession and which reflect adversely on
				  the health and welfare of the public shall constitute unprofessional
				  conduct.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 11 - UNPROFESSIONAL CONDUCT › Section 16-89-60 - Types of unprofessional conduct

Current through June, 2024
The types of unprofessional conduct shall include, but are
				  not limited to, the following:
(1)
				Submitting information to the board pursuant to an application for licensure,
				renewal of licensure, or reinstatement of licensure which is fraudulent,
				deceitful, or contains misrepresentations regarding the applicant's or
				licensee's educational background, passing of a licensure examination, pending
				disciplinary actions, or licensure status;
(2) Impersonating any applicant, or acting as
				proxy for the applicant in any nurse licensure examination, allowing any person
				to use one's nursing license, or the aiding, abetting, or assisting an
				individual to violate or circumvent chapter
				457, HRS,
				or this chapter;
(3) Practicing
				nursing within this State without a valid current license, or after the
				temporary license has expired;
(4)
				Misrepresenting that the person is a licensed practical nurse or licensed
				registered nurse, verbally or in writing, when the person does not possess the
				appropriate license;
(5) Failing to
				report to the board any revocation, suspension, or other disciplinary actions
				against the applicant or licensee by another state or jurisdiction of the
				United States for any act or omission which would constitute unprofessional
				conduct;
(6) Performing unsafe or
				unacceptable patient care or failing to conform to professional standards
				required of a nurse which poses a danger to the welfare of a patient which
				shall include:
(A) Intentionally or
				negligently causing physical or emotional injury to a patient;
(B) Administering medication and treatment in
				a careless or negligent manner;
(C)
				Failing to take appropriate action or to follow policies and procedures in the
				practice setting designed to safeguard the patient;
(D) Failing to take appropriate action in
				safeguarding a patient from incompetent health care practices;
(E) Performing nursing techniques or
				procedures without proper education and training;
(F) Violating the confidentiality of
				information or knowledge concerning the patient or failing to safeguard the
				patient's dignity and right to privacy; and
(G) Leaving a nursing assignment or
				abandoning a patient without properly notifying appropriate
				personnel;
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 11 - UNPROFESSIONAL CONDUCT › Section 16-89-62 - Voluntary surrender of license

Current through June, 2024
Voluntary surrender of license to practice nursing or placing
				  the nursing license on inactive status shall not deprive the board of
				  jurisdiction to proceed with disciplinary proceedings pursuant to chapter
				  91, HRS, and chapter
				  16-201.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 11 - UNPROFESSIONAL CONDUCT › Section 16-89-63 - Disciplinary action

Current through June, 2024
(a) In disciplining
				a licensee pursuant to a proceeding held in accordance with chapter
				91, HRS, and chapter
				16-201, the board, in addition to
				having the power to deny, revoke, or suspend any license to practice nursing
				may limit the license by restricting the field of practice in which the
				licensee may engage in, place the licensee on probation, or both.
(b) The board may impose conditions and shall
				determine whether and when limitations or conditions shall be removed with
				respect to a registered nurse or a licensed practical nurse who has been placed
				on probation, or whose license has been suspended or limited in any
				way.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 12 - PRACTICE AND PROCEDURE › Section 16-89-66 - Administrative practice and procedure

Current through June, 2024
The rules of practice and procedure for nurses shall be as
				  provided in chapter
				  16-201, the rules of practice and
				  procedure of the department of commerce and consumer affairs, which are
				  incorporated by reference and made a part of this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 13 - ORAL TESTIMONY › Section 16-89-70 - Oral testimony

Current through June, 2024
(a) The board shall
				accept oral testimony on any item which is on the board's agenda, provided that
				the testimony shall be subject to the following conditions:
(1) Each person seeking to present oral
				testimony is requested to so notify the board not later than forty-eight hours
				prior to the meeting, and at that time shall state the item on which testimony
				is to be presented;
(2) The board
				may request that any person providing oral testimony submit the remarks, or a
				summary of the remarks, in writing to the board;
(3) The board may rearrange the items on the
				agenda for the purpose of providing for the most efficient and convenient
				presentation of oral testimony;
(4)
				Persons presenting oral testimony shall, at the beginning of the testimony,
				identify themselves and the organization, if any, that they
				represent;
(5) The board may limit
				oral testimony to a specified time period but in no case shall the period be
				less than five minutes, and the person testifying shall be informed prior to
				the commencement of the testimony of the time constraints to be imposed;
				and
(6) The board may refuse to
				hear any testimony which is irrelevant, immaterial, or unduly repetitious to
				the agenda item on which it is presented.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-75 - Objective

Current through June, 2024
This subchapter is intended to recognize the performance of
				  additional acts performed by registered nurses practicing in expanded
				  specialized roles, and to set standards for nurses practicing as advanced
				  practice registered nurses in order to protect and safeguard the welfare of the
				  public.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-79 - Title

Current through June, 2024
(a) A registered nurse who has been
				recognized by the board to have satisfactorily met the requirements of chapter
				457, HRS, and this subchapter shall be called an advanced practice registered
				nurse and authorized to use the abbreviation A.P.R.N.
(b) No person shall practice or offer to
				practice as an advanced practice registered nurse, or use the A.P.R.N.
				abbreviation, or any other title, words, letters, signs or figures to indicate
				that the person is an advanced practice registered nurse unless the person has
				met all appropriate requirements of this subchapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-81 - Practice specialties

Current through June, 2024
(a) The four areas
				of advanced practice registered nurses recognized by the board from which the
				practice specialties are derived are:
(1)
				Nurse practitioner ("NP");
(2)
				Certified registered nurse anesthetist ("CRNA");
(3) Certified nurse-midwife ("CNM");
				and
(4) Clinical nurse specialist
				("CNS").
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-83 - Requirements for license as an advanced practice registered nurse

Current through June, 2024
In addition to submitting an application prescribed by the
				  board and having a current, unencumbered license as a registered nurse in this
				  State the applicant for license as an advanced practice registered nurse shall
				  provide proof of:
(1) Documentation
				relating to any disciplinary action ordered by or pending before any board of
				nursing in any state or jurisdiction of the United States;
(2) Documentation from the appropriate
				agencies or parties regarding any criminal conviction, of which the applicant
				is the subject, that has not been annulled or expunged. This includes, but is
				not limited to, certified copies of any court records, orders, or other
				documents that state the facts and statutes upon which the applicant was
				convicted, the judgment of the court with regard to the conviction, the
				sentence imposed, the actual terms of the sentence, and whether sentence was
				completed; and
(3) A self-query
				report from the NPDB. The board may require additional background checks of
				nurse applicants from an independent background check service as approved by
				the board, provided that the applicant shall pay the cost of the background
				check.
The board may also require that the applicant submit a signed
				  explanation of the events that led to the disciplinary action or prior
				  conviction.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-85 - Recognized national certifying body; certification

Current through June, 2024
(a)
				National certifying bodies recognized by the board to certify the advanced
				practice registered nurse specialty include:
(1) The American Nurses Credentialing
				Center;
(2) The Pediatric Nursing
				Certification Board;
(3) The
				National Certification Corporation;
(4) The American Midwifery Certification
				Board;
(5) The National Board of
				Certification and Recertification for Nurse Anesthetists;
(6) The American Academy of Nurse
				Practitioners Certification Board; and
(7) The American Association of Critical-Care
				Nurses
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-87 - Renewal of APRN license

Current through June, 2024
(a) All licenses
				for advanced practice registered nurses shall expire on June 30 of every
				odd-numbered year and shall be renewed biennially. In each odd-numbered year,
				the board shall make available to all licensees an application for renewal of
				license to be submitted to the board by the deadline set forth by the board.
				Applicants shall be currently licensed as registered nurses in this State and
				shall submit:
(1) Evidence of current
				national certification if the advanced practice registered nurse does not hold
				a graduate-level degree in clinical nursing or nursing science in a board
				recognized practice specialty;
(2)
				Documentation from agencies or parties relating to any disciplinary action
				ordered by or pending before any board of nursing in any state or territory of
				the United States within the two years prior to application for renewal of
				license;
(3) Information, including
				but not limited to, certified documents from appropriate agencies and persons
				regarding any criminal conviction within the past two years which has not been
				annulled or expunged; and (4) The required renewal non-refundable
				fee.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-89 - Discipline

Current through June, 2024
The board shall have the same power to deny, revoke, limit,
				  or suspend any license of an advanced practice registered nurse for any of the
				  actions subject to disciplinary action as prescribed in chapter
				  457, HRS,
				  and this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-91 - Encumbered license

Current through June, 2024
Encumbrances based on disciplinary action ordered by the
				  board to be imposed on the license of an advanced practice registered nurse
				  shall also be placed on all nurse licenses and prescriptive authority held. Any
				  encumbrance on one license or prescriptive authority shall automatically and
				  similarly affect the other.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-93 - Reinstatement following completion of a board ordered suspension

Current through June, 2024
An advanced practice registered nurse seeking reinstatement
				  of APRN license following a board ordered suspension or limitation shall comply
				  with all conditions of the order of suspension or limitation which may include
				  applying as a new applicant meeting the requirements of section
				  16-89-83.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-95 - Fees

Current through June, 2024
(a) Every application for a license shall be
				accompanied by the appropriate fees provided in chapter
				16-53 and any other fee required by
				law.
(b) All fees are
				non-refundable.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 14 - ADVANCED PRACTICE REGISTERED NURSE › Section 16-89-97 - Advanced practice registered nurse requesting prescriptive authority

Current through June, 2024
An advanced practice registered nurse who applies for
				  prescriptive authority also shall comply with the eligibility requirements as
				  set forth by the board in this chapter.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 15 - DELEGATION OF NURSING CARE TASKS TO UNLICENSED ASSISTIVE PERSONNEL › Section 16-89-100 - Purpose

Current through June, 2024
(a) Only a registered nurse has authority to
				practice professional nursing; therefore, only the registered nurse has
				authority to delegate nursing.
It is the intent of the board that the delegation of tasks of
				  nursing care to unlicensed assistive personnel be the exception rather than the
				  rule unless the registered nurse can justify the need for delegation.
The board believes that unlicensed assistive personnel can be
				  utilized to provide tasks of nursing care under the specific delegation and
				  supervision of a registered nurse and not under any licensed practical nurse.
				  Nothing in this subchapter shall limit a licensed practical nurse from
				  providing care within the scope of their practice.
A registered nurse may delegate in any setting at any time;
				  provided that when the registered nurse is not regularly scheduled and not
				  available to provide direct supervision, the registered nurse shall provide
				  indirect supervision.
(b)
				When delegating a task, function, or activity, the nurse shall use the NCSBN
				delegation decision-making process and the protocols contained in the NCSBN
				documents recognized by the board as a model.
(c) In public school settings, medication
				shall be administered by school aides in accordance with the regulations and
				local policies of the department of health and the department of education.
				Those regulations and policies shall comply and coordinate with applicable
				federal and state laws, including but not limited to, part III, subpart F of
				chapter
				302A,
				HRS (relating to school health services program, including statewide
				requirements for medication administration) and section 11-146-4.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-116 - Purpose

Current through June, 2024
The purpose of this subchapter is to establish the
				  requirements of the board for APRN prescriptive authority. APRNs who are
				  granted prescriptive authority shall only prescribe drugs appropriate to their
				  practice specialties as recognized by the board and in accordance with the
				  exclusionary formulary.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-117 - Prescriptive authority

Current through June, 2024
Only an APRN granted prescriptive authority by the board
				  shall be able to practice as an APRN with prescriptive authority or use any
				  sign, card, or device to indicate or in any way imply, that the person is an
				  APRN who is authorized to prescribe.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-119 - Prescriptive authority eligibility requirements

Current through June, 2024
(a) The
				requirements for prescriptive authority are as follows:
(1) A completed application for prescriptive
				authority provided by the board and submitted with all appropriate documents
				and required fees;
(2) Proof of a
				current, unencumbered license as a registered nurse in this State and in all
				other states in which the nurse has a current and active license;
(3) Proof of a current, unencumbered license
				as an advanced practice registered nurse in this State and in all other states
				in which the nurse has a current and active license as an advanced practice
				registered nurse or similar designation;
(4) Proof of a current, unencumbered
				certification for specialized and advanced nursing practice from a national
				certifying body recognized by the board;
(5) Proof of successful completion of an
				accredited graduate-level nursing program with a significant educational and
				practical concentration on the direct care of patients, recognized by the
				board, leading to a graduate-level degree as a certified registered nurse
				anesthetist, a nurse midwife, a clinical nurse specialist, or a nurse
				practitioner. A graduate-level degree in nursing education or nursing
				administration does not qualify an applicant for prescriptive
				authority.
(6) Proof of successful
				completion of at least thirty contact hours, as part of a graduate-level
				nursing degree program from an accredited, board-recognized college or
				university, of advanced pharmacology education, including advanced
				pharmacotherapeutics that is integrated into the curriculum, within the
				three-year time period immediately preceding the date of application. If
				completed more than the three-year time period, then one of the following shall
				be completed within the three-year time period immediately preceding the date
				of application for initial prescriptive authority:
(A) At least thirty contact hours of advanced
				pharmacology, including advanced pharmacotherapeutics, from an accredited,
				board-recognized college or university; or
(B) At least thirty contact hours of
				continuing education ("CE") approved by board-recognized national certifying
				bodies in advanced pharmacology, including advanced pharmacotherapeutics
				related to the applicant's scope of nursing practice specialty; and
(7) Payment of a non-refundable
				application fee.
Upon satisfying all requirements in chapter
				  457, HRS,
				  and this chapter, and payment of required fees, the board shall grant
				  prescriptive authority to the APRN.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-122 - Exclusionary formulary for prescriptive authority

Current through June, 2024
(a) The
				board shall determine the drugs or categories of drugs listed in the
				exclusionary formulary. The current exclusionary formulary dated August 2016,
				attached at the end of this chapter as "Exhibit A", lists the drugs or
				categories of drugs that shall not be prescribed by the APRN.
(b) The Exclusionary Formulary, and any
				revised formularies, shall be made available to licensed pharmacies at the
				request of the pharmacy at no cost.
(c) The APRN shall comply with all applicable
				state and federal laws and rules relating to prescribing and administering of
				drugs. The APRN with prescriptive authority shall only prescribe, order, and
				dispense medical devices and equipment or drugs appropriate to the APRN's
				specialty and pursuant to HRS section
				457-8.6.
(d) Prescriptions by an APRN with
				prescriptive authority shall be written in accordance with section
				16-95-82.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-123 - Prescriptive authority renewal for APRN

Current through June, 2024
(a) Prescriptive
				authority for each APRN shall expire on June 30 of every odd-numbered year and
				shall be renewed biennially. At the time of renewal, each APRN seeking renewal
				of prescriptive authority shall certify under oath that the licensee has
				completed the thirty hours of continuing education, of which twenty two hours
				shall be in the APRN's practice specialty and eight hours in pharmacology,
				within the last two years preceding the APRN renewal and has a current national
				certification in their practice specialty. The APRN shall also satisfy the
				renewal requirements for APRN license pursuant to section
				16-89-87.
				The board may conduct random audit to determine compliance with the
				prescriptive authority renewal requirements. The board shall provide written
				notice of an audit to all licensees selected for audit. Within sixty days of
				notification, the licensee shall provide the board with the following
				documentation verifying compliance:
(1)
				Evidence of current national certification in the nursing practice specialty by
				a board-recognized national certifying body; and
(2) Documentation of successful completion,
				during the prior biennium, of thirty contact hours of appropriate continuing
				education as determined by the board in the practice specialty area, eight
				contact hours of which shall be in pharmacology, including
				pharmacotherapeutics, related to the APRN's clinical practice specialty area,
				approved by board-recognized national certifying bodies, the American Nurses
				Association, the American Medical Association, or accredited colleges or
				universities. Documentation of successful completion of continuing education
				required for recertification by a recognized national certifying body, earned
				within the current renewal biennium, may be accepted in lieu of the thirty
				hours of continuing education required for renewal.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-124 - Encumbered license

Current through June, 2024
Encumbrances based on disciplinary action ordered by the
				  board to be imposed on an APRN with prescriptive authority shall also be placed
				  on the APRN license, RN license, and practical nurse license held by that nurse
				  in this State. Any encumbrance on a RN license shall automatically and
				  similarly affect any other nursing license, or prescriptive authority held by
				  that RN.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 16 - ADVANCED PRACTICE REGISTERED NURSE PRESCRIPTIVE AUTHORITY › Section 16-89-125 - Discipline; grounds; proceedings

Current through June, 2024
(a) In addition to
				any other actions authorized by law, the board shall have the power to deny,
				revoke, limit, condition, or suspend prescriptive authority granted, in
				accordance with this chapter, and to fine or to otherwise discipline an APRN
				with prescriptive authority for any cause authorized by law, including but not
				limited to the following:
(1) Violation of
				this chapter;
(2) Violation of
				chapter
				457, HRS,
				or chapter
				16-89;
(3) Violation of any applicable state
				statutes and rules or federal laws or regulations;
(4) Fraud, deceit, misrepresentation in
				procuring or attempting to procure a license to practice nursing as an APRN
				with prescriptive authority;
(5)
				Unprofessional conduct, including but not limited to:
(A) Prescribing, administering, dispensing,
				or distributing drugs listed in the exclusionary formulary, or not in
				accordance with state and federal laws and rules;
(B) Prescribing or administering drugs in an
				unsafe manner or not in accordance with acceptable and prevailing standards of
				practice;
(C) Selling, purchasing,
				trading, or offering to sell, purchase, or trade any controlled substance drug
				sample;
(D) Misusing the authority
				to prescribe drugs for other than therapeutic purposes; and
(E) Failing to maintain current certification
				by a board-recognized national certifying body in the nursing practice
				specialty.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 17 - SCOPE OF NURSING PRACTICE AND STANDARDS OF CARE › Section 16-89-126 - Scope of nursing practice

Current through June, 2024
The board adopted the NCSBN Model Nursing Practice Act and
				  Model Nursing Administrative Rules relating to the scope of nursing practice
				  for licensed practical nurses, registered nurses, and advanced practice
				  registered nurses. Any modifications by the NCSBN to the scope of practice
				  shall apply.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 17 - SCOPE OF NURSING PRACTICE AND STANDARDS OF CARE › Section 16-89-128 - Standards of care

Current through June, 2024
The board adopted the NCSBN Model Nursing Practice Act and
				  Model Nursing Administrative Rules relating to the standards care for licensed
				  practical nurses, registered nurses, and advanced practice registered nurses.
				  Any modifications by the NCSBN to the standards of care shall
				  apply.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 18 - LICENSE ACTIVATION › Section 16-89-131 - Purpose

Current through June, 2024
The purpose of this subchapter is to increase consumer safety
				  by establishing activation requirements for registered and practical nurses who
				  wish to activate their inactive licenses, but who have not practiced nursing
				  more than five years in the U.S or its territories.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89 - NURSES › Subchapter 18 - LICENSE ACTIVATION › Section 16-89-132 - Prerequisite for activation of inactive licenses

Current through June, 2024
(a) This
				section shall apply to a registered or a licensed practical nurse applying to
				activate the nurse's license which has been inactive for more than five years,
				and who has not practiced in the U.S. or a U.S. territory during that period,
				and is ordered by the board to verify continuing competency.
(b) The nurse shall be required to:
(1) Submit an application prescribed by the
				board with the required fee(s); and
(2) Retake and pass the NCLEX-RN or NCLEX-PN,
				whichever is applicable; or
(3)
				Successfully complete a refresher course which must first be approved by the
				board. The course shall consist of at least sixty clock hours of didactic and
				sixty clock hours of clinical practice recognized by an approved provider and
				designed for the practical nurse or registered nurse who is returning to
				practice after more than five years absence from nursing practice. The nurse
				shall submit appropriate documentation to verify successful completion of the
				refresher course.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-1 - Objective

Current through June, 2024
This chapter is intended to clarify and implement chapter
				  457A, Hawaii Revised Statutes, thereby also implementing the provisions of
				  42 United States Code
				  sections 1395i - 3 and
				  1396r,
				  to the end that the provisions thereunder may be best effectuated and the
				  public interest most effectively served.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-2 - Definitions

Current through June, 2024
As used in this chapter:
"Department" means the department of commerce and consumer
				  affairs, unless specified otherwise.
"Director" means the director of the department of commerce
				  and consumer affairs, unless specified otherwise.
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-3 - Requirements for nurse aide certification

Current through June, 2024
(a) The
				requirements for a person applying for certification as a nurse aide working in
				a medicare or medicaid certified nursing facility shall consist of the
				successful completion of:
(1) The nurse aide
				training program approved by the director of the department of human services.
				No person shall be permitted to take the nurse aide examination until that
				person has successfully completed the training program; and
(2) The nurse aide examination approved by
				the director, with a passing score of seventy per cent on the test, along with
				the successful demonstration of certain skills. The examination shall consist
				of either a written or oral test, at the election of the applicant, along with
				a demonstration of skills by means of a skills evaluation. The skills
				demonstration shall consist of five randomly selected items drawn from a pool
				consisting of tasks generally performed by a nurse aide; the person must
				successfully demonstrate all of these skills. The pool of skills shall include
				all personal care skills listed in 42 Code of Federal Regulations (C.F.R.)
				§483.152(b)(3).
Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-4 - Maintenance requirements for recertification

Current through June, 2024
(a) A nurse
				aide's certification is valid for a limited period up to twenty-four months and
				shall be renewed biennially. The certification of each nurse aide shall cease
				upon the expiration of that nurse aide's current biennial certification period,
				as determined by the department. A nurse aide's recertification application
				shall be received by the department on or before the end of the business day
				that is one month before the date the current certification expires. Each nurse
				aide shall be responsible for renewing the certification in a timely manner and
				satisfying the recertification requirements provided by law. Lack of
				notification by the department shall not be a valid reason for a nurse aide's
				non-renewal. Each nurse aide shall be responsible for ensuring timely renewal
				of that nurse aide's certification.
(b) The recertification requirements for a
				nurse aide working in a medicare or medicaid certified nursing facility shall
				consist of the successful completion of:
(1)
				An annual performance review completed by the facility at least once every
				twelve months;
(2) Regular
				in-service training provided by that facility based upon the outcome of the
				annual performance reviews;
(3) A
				completed renewal application on a form approved by the department and
				postmarked or received by the department on or prior to thirty (30) days before
				the biennial expiration date, as determined by the department. The form shall
				be signed by the medicare or medicaid certified nursing facility's director of
				nurses, registered nurse, director of human services, physician or designee
				recognized by the department of health or the department of human services, who
				shall verify successful completion of paragraphs (1) and (2) herein;
				and
(4) Verification that, for
				monetary compensation, the nurse aide provided, at a minimum, one full day of
				nursing or nursing-related services, in a medicare or medicaid certified
				nursing facility, involving direct patient care within the prior twenty-four
				months.