HOUSE OF REPRESENTATIVES |
H.B. NO. |
2205 |
TWENTY-FIFTH LEGISLATURE, 2010 |
H.D. 1 |
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO CONTINUING EDUCATION FOR NURSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many professions licensed in the state, including physicians, optometrists, and real estate salespersons, require the completion of continuing education courses as a pre-requisite to license renewal. Consequently, the legislature recognizes that to maintain the highest level of competency of nurses practicing in the state, it is necessary to include a continuing education component to nurse licensure requirements as well.
SECTION 2. Section 457-9, Hawaii Revised Statutes, is amended to read as follows:
"§457-9 Renewal of license; denial,
suspension, or revocation of license for default of student loan, student loan
repayment contract, or scholarship contract; inactivation and reactivation of
license; restoration of forfeited license. (a) The license of every
person licensed, recognized, or granted prescriptive authority shall expire on
June 30 of every odd-numbered year and shall be renewed biennially, except as
provided in this section. Biennially in each odd-numbered year, the board
shall make available an application for renewal of license before the deadline
set forth by the board to every person to whom a license was issued or renewed
during the biennium. The applicant shall complete the application and submit
it to the board with a renewal fee and all required documents on or before the
deadline set by the board. The applicant shall provide documents from proper
agencies or parties of any criminal conviction or any disciplinary action taken
or pending in this [State] state or any other state in the United
States or any territory or possession under the jurisdiction of the United
States within the two years prior to application for renewal of license. Upon
receipt of the application [and fee,], fee, and proof as required
under subsection (b), the board shall verify the accuracy of the
application and issue to the applicant a certificate of renewal for the
biennium expiring two years hence on the deadline set by the board. The
renewal shall render the holder thereof a legal practitioner of nursing for the
period stated on the renewal form.
(b) The applicant shall also provide the board with proof of having attended fifteen hours of continuing education or its equivalent as determined by the board, during the two-year period prior to the application for renewal. Failure to satisfy the continuing education requirement by the license expiration date shall result in the renewed license being automatically placed on an inactive status. The board may grant an extension for the continuing education requirement upon a showing of good cause.
[(b)] (c) Any licensee who fails
to renew a license as provided in [subsection] subsections (a) and
(b) but continues to practice shall be considered an illegal practitioner
and shall be subject to the penalties provided for violations of this chapter.
The failure to timely renew a license, the failure to pay all applicable fees,
the dishonoring of any check upon first deposit, or the failure to comply with
any other requirement provided by law shall cause the license to be
automatically forfeited; provided that the person's license may be restored by
the board within two years after the date of forfeiture upon compliance with
the licensing renewal fees, penalty fees, and compliance resolution fund fees.
A nurse who does not intend to practice nursing
in the [State] state and elects to be placed on inactive status
shall so indicate in writing during the license renewal period or by so
indicating on the license renewal application, and paying inactivation and all
appropriate fees. Should the nurse wish to resume nursing at some future time,
the nurse shall notify the board in writing and remit the reactivation and
renewal fees, and application form as provided in subsection (a). A
nurse who has not actively practiced in this [State] state or any
other state in the United States or any territory or possession under the
jurisdiction of the United States for more than five years may be required by
the board to submit proof of continued competency by retaking and passing the
licensing examination or successfully completing appropriate continuing
education recognized by the board.
[(c)] (d) Notwithstanding any
provision in this chapter to the contrary, the board shall not renew or
reinstate, or shall deny, suspend, or revoke, any license or application if the
board has received certification from an administering entity pursuant to
chapter 436C that the licensee or applicant is in default or breach of any
obligation under any student loan, student loan repayment contract, or
scholarship contract that financed the licensee's or applicant's education, or
has failed to comply with a repayment plan.
The board, in receipt of a certification pursuant to chapter 436C, as applicable, and without further review or hearing, shall:
(1) Suspend the license;
(2) Deny the application or request for renewal of the license; or
(3) Deny the request for reinstatement of the license,
and unless otherwise provided by law, shall renew, reinstate, or grant the license only upon receipt of an authorization from the administering entity."
SECTION 3. Notwithstanding the continuing education requirement in section 457-9(b), Hawaii Revised Statutes, as amended by this Act, any licensee under section 457-9, Hawaii Revised Statutes, whose license must be renewed on or before June 30, 2011, shall have until June 30, 2013, to comply with the continuing education requirement of section 457-9(b), Hawaii Revised Statutes, as amended by this Act; provided that the state board of nursing may grant an extension upon a showing of good cause. The licensee's license shall remain valid during such time; provided that all other renewal requirements have been satisfied.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2020.
Report Title:
Nurses; Continuing Education
Description:
Requires nurses licensed in the state to complete 15 hours of continuing education during each two-year license period as a requirement for license renewal. (HB2205 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.