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Notice of proposed changes relating to the practice of nursing in the regulations of the Board of Nursing

Brief Description:  The Board of Nursing proposes to adopt changes to the regulations regarding review of applications, loss of prescriptive authority, unprofessional conduct, advanced practice registered nurse (APRN) standards of practice for telehealth, administration of herbal or non-herbal nutritional supplement, and definitions.

The Board of Nursing (Board) proposes to adopt regulation changes in Title 12, Chapter 44 of the Alaska Administrative Code including the following:

  1. 12 AAC 44.321. Review of applications, is proposed to be repealed.

  2. 12 AAC 44.446. Loss of prescriptive authority, is a proposed new section that establishes notification to appropriate entity of APRN’s that lose prescriptive authority.

  3. 12 AAC 44.770. Unprofessional conduct, is proposed to be amended to add provisions related to unprofessional conduct.

  4. 12 AAC 44.925. Advanced practice registered nurse standards of practice for telehealth, is a proposed new section that establishes telehealth standards of practice for APRN.

  5. 12 AAC 44.945. Administration of herbal or non-herbal nutritional supplement, is proposed to be amended to clarify the provisions related to administration of herbal or non-herbal nutritional supplement to a patient.

  6. 12 AAC 44.990. Definitions, is proposed to add a definition for “telehealth”.

You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/194842, and using the comment link. The comments must be received not later than 4:30 p.m. on August 15, 2019. Comments received after this deadline will not be considered by the Board.

You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK  99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.

If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than August 8, 2019 to ensure that any necessary accommodation can be provided.

A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUR-0719.pdf.

After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.

Statutory Authority:  AS 08.68.100; AS 08.68.275; AS 08.68.805
Statutes Being Implemented, Interpreted, or Made Specific:  AS 08.68.100; AS 08.68.275; AS 08.68.805

Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.

DATE: 7/12/19
Jun Maiquis, Regulations Specialist                                                                                                          Division of Corporations, Business and Professional Licensing

For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation.  The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code.  If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.

ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))

1.   Adopting agency:  Board of Nursing – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.

2.   General subject of regulation:  Review of applications, loss of prescriptive authority, unprofessional conduct, advanced practice registered nurse standards of practice for telehealth, administration of herbal or non-herbal nutritional supplement, and definitions.

3.   Citation of regulation:  12 AAC 44.321, 12 AAC 44.446, 12 AAC 44.770, 12 AAC 44.925, 12 AAC 44.945, and 12 AAC 44.990.

4.   Department of Law file number:  To be assigned.

5.   Reason for the proposed action: 
Update and clarification of current regulations; compliance with state statue.

6.   Appropriation/Allocation: 
Corporations, Business and Professional Licensing – #2360.

7.   Estimated annual cost to comply with the proposed action to:
     
A private person:  None known.   
      Another state agency:  None known.
      A municipality:  None known.

8.   Cost of implementation to the state agency and available funding (in thousands of dollars): 
     
No costs are expected in FY 2020 or in subsequent years.

9.   The name of the contact person for the regulation:
     
Lisa Maroney, Licensing Supervisor
      Alaska Board of Nursing
      Division of Corporations, Business and Professional Licensing
      Telephone: (907) 269-8892
      E-mail: lisa.maroney@alaska.gov

10.   The origin of the proposed action: 
Board of Nursing.

11.   Date:
7/12/19
Prepared by: 
Jun Maiquis
                     Regulations Specialist
                     (907) 465-2537


Attachments, History, Details

Revision History

Created 7/12/2019 2:13:17 PM by jcmaiquis
Modified 7/12/2019 3:33:33 PM by jcmaiquis
Modified 7/15/2019 9:12:23 AM by jcmaiquis

Details

Department: Commerce, Community and Economic Development
Category: Regulations
Sub-Category: Notice of Proposed Regulations
Location(s): Statewide
Project/Regulation #:
 
Publish Date: 7/12/2019
Archive Date: 8/16/2019
 
Events/Deadlines:
  • Comments Deadline
    8/15/2019 4:30pm