Louisiana Revised Statutes 37:918 – Duties and powers of the board
Terms Used In Louisiana Revised Statutes 37:918
- Board: means the Louisiana State Board of Nursing. See Louisiana Revised Statutes 37:913
- Clinical phase of nursing education: means those nursing courses that require a student to provide nursing care, under faculty supervision, to individuals, families, and communities in diverse health care settings. See Louisiana Revised Statutes 37:913
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Probate: Proving a will
- Student nurse: means any individual who is enrolled in an approved program preparing for licensure as a registered nurse. See Louisiana Revised Statutes 37:913
- Subpoena: A command to a witness to appear and give testimony.
The board shall:
(1) Establish and publish minimum curriculum requirements and standards for individuals seeking to be licensed under this Part.
(2) Approve nursing education programs whose graduates meet the licensing requirements of the board.
(3) Provide for hearings for nurse educational programs when approval is denied or withdrawn.
(4) Establish and publish standards of nursing practice and education in accordance with those developed and accepted by the profession.
(5) Examine, approve, renew, and reinstate licenses of duly qualified applicants and establish examination procedures for such purposes.
(6) Deny, revoke, suspend, probate, limit or otherwise restrict licenses of individuals who violate this Part.
(7) Provide procedure and conduct hearings for the discipline of individuals as needed and establish alternatives to the disciplinary process when considered appropriate by the board.
(8) Cause the prosecution of all persons violating any provision of this Part.
(9) Keep a record of all board proceedings.
(10) Publish an annual report for distribution to the governor and the legislature containing the activities of the board during the past year.
(11) Maintain a roster of all individuals licensed under this Part and annually prepare a roster of the names and addresses of all such licensees. A copy of the roster shall be made available to any individual requesting it upon payment of a fee established by the board as sufficient to cover the cost of copying the roster.
(12) Adopt and revise rules and regulations necessary to enable the board to implement this Part in accordance with the Administrative Procedure Act.
(13) Employ an executive director who holds a current license to practice nursing and other persons necessary to implement the board’s directives, rules, and regulations and to assist the board in the implementation of this Part.
(14) Appoint an attorney at law to represent the board in all matters pertaining to the administration of the provisions of this Part, fix his compensation, and define his duties.
(15) Have all other powers necessary and proper to the performance of their duties, including but not limited to the power to subpoena.
(16) Have the authority to:
(a) Request and obtain state and national criminal history record information on any person applying for any license or permit which the board is authorized by law to issue, including permission to enroll as a student nurse in clinical nursing courses.
(b) Require any applicant for any license or permit, which the board is authorized to issue, including permission to enroll as a student in clinical nursing courses, to submit a full set of fingerprints, in a form and manner prescribed by the board, as a condition to the board’s consideration of his or her application.
(c) Charge and collect from an applicant for any license or permit which the board is authorized to issue, including permission to enroll as a student in clinical nursing courses, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining criminal history record information on the applicant.
(d) Promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Paragraph.
(17) Have the authority and jurisdiction to regulate student nurses in the clinical phase of nursing education; however, nothing in this Part shall require the licensure by the board of student nurses during the clinical phase of their education.
(18) Develop, adopt, and revise rules and regulations governing scope of practice for advanced practice registered nurses including but not limited to prescriptive authority, the receipt and distribution of sample drugs and prepackaged drugs, and prescribing of legend and certain controlled drugs.
(19) Enforce the rules and regulations in place on the effective date of this Subsection until such time as the Board of Nursing promulgates rules and regulations in accordance with this Section.
(20) Have the authority to purchase, lease, maintain, or otherwise contract with respect to immovable property and improvements thereon as it may deem necessary or appropriate to accomplish the provisions of this Part. Additionally, the board shall have the authority to borrow funds with the approval of the State Bond Commission and to expend funds of the board for the acquisition of immovable property and improvements thereon. In the event that the board sells immovable property and improvements thereon, the revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund.
(21) Have the authority to share any information in the custody of the board, including information not subject to the laws relative to public records pursuant to La. Rev. Stat. 44:4(9), with any regulatory or law enforcement agency upon written request of the regulatory or law enforcement agency.
Acts 1976, No. 351, §1; Acts 1995, No. 633, §1, eff. Jan. 1, 1996; Acts 1997, No. 311, §1; Acts 1999, No. 315, §1, eff. June 16, 1999; Acts 2003, No. 957, §1; Acts 2003, No. 1094, §1, eff. July 2, 2003; Acts 2010, No. 943, §1.