Legislative Alert: December, 2001
by Louise Browning, CAE
Executive Director and Lobbyist
Board of Medical Examiners Rules
Advanced Practice Nurses (APNs) were out in full force at the Board of Medical Examiners (BME) October 22 open hearing. They were joined by physicians, attorneys, physician assistants, executive directors of health care organizations, nursing faculty and deans of schools of nursing, and chief medical officers of universities. Letters of opposition were sent to the Board from mayors, county executives, legislators, commissioners of the Health Department and the Department of Mental Health and Developmental Disability, and others.
Testimonies recounted numbers and types of patients served by APNs, which included not only the poor and underserved, but every socio-economic level in both urban and rural areas. They were impressive. APNs came from as far away as Johnson City and Memphis to deliver testimony. It was a very good day even if the purpose was to protest a boondoggle.
The Board of Medical Examiners (BME) met November 27 and 28. They heard a report on the hearing and additional testimony from nurses and physicians who opposed the rule. The Board voted to table the proposed rule and convene a joint (medicine and nursing) task force for further study of this rule. They are to report their progress to the BME in March and submit a final report in June.
Board of Osteopathic Examination
The Board of Osteopathic Physicians has also filed a notice to hold a rulemaking hearing on a proposed rule identical to the above reference proposed rule of the Board of Medical Examiners. Their last attempt to write rules for the supervision of nurse practitioners and physician assistants about three years ago was unsuccessful. When they reached the Attorney General’s office they were reviewed and returned to them with a message that there were already supervisory rules in place within the Board of Medical Examiners Rules, and they could simply make reference to those rules. This was identical to the recommendation made by TNA to the BOE after working with them on language at a board meeting for more than two hours.
I would assume if this rule gets that far, which we trust it will not, they will receive the same message from the AG regarding this one. Nonetheless, it is a major concern and one we need to pay close attention to, just as we have with the BME. Their hearing is scheduled for January 8, 2002 at 2:30 p.m. in the Cordell Hull Building.
APN Legislation
This campaign by the BME and the BOE to limit the services of APNs can only strengthen our rationale for passing our advanced practice legislation in 2002. Since the first nurse practitioners began to practice in Tennessee in 1973, APNs have proven themselves again and again as quality, cost-effective health care providers, but periodically throughout these years stumbling blocks have been thrown in their pathway.
TNA has initiated and successfully lobbied to pass many bills for APNs since that time—legislation to authorize prescribing in 1980 (after this privilege, performed since 1973 as a delegated medical act, was challenged by the Pharmacists in 1979); a broader definition of nursing practice in 1990; removal of the site approval process in 1994; requiring all physician supervision rules to be jointly adopted by the Board of Nursing in 1995 (in order to stop proposed rules that were just as damaging as this current proposed rule); authorization to prescribe controlled substances in 1997; and others, including three reimbursement laws. There will be great cause for celebration if we are as successful as we plan to be with the APN bill in 2002.
Board of Nursing Continued Competency Rules Approved
The Board of Nursing’s Continued Competency Rules became effective November 14. Beginning in January, all nurses who receive a licensure renewal notice will receive a newsletter from the Board explaining how to meet the continued competency requirements. Read the rules by going to TNA’s website and selecting Nurse Practice Act. Then select Administrative Rule, which will take you to the Secretary of State’s website. Select the Board of Nursing Rules 1000, Section 1 for RNs, or Section 2 for LPNs.
Board of Nursing Licensure Fee Increases Approved
Printed in the August Tennessee Nurse were the proposed fee increases for the Board. These rules became effective November 4. Link to these rules from our website or type www.state.tn.us/sos/rules/1000/1000-01.pdf in the URL space. You will need Acrobat Reader on your computer in order to read the document.
State Health Department Task Force on TIPS
The TNA president has been serving on a task force for the Commissioner of Health to get consensus on legislative language to address mandatory reporting of unusual incidents. Leaders from various health care associations and organizations along with Health Department staff have met four times. At their next meeting in December they expect to finalize the language for a bill to be introduced in 2002.
TN-PAC
The Tennessee Nurses Political Action Committee needs your contribution now. Several of the attendees at convention gave or pledged to help us support nursing’s friends. The Legislature will convene January 9, the second Tuesday, and we cannot make any contributions after that date until the end of the session. We raised $3,860 at the convention, and that is a good start, but we need much more. Contributions to politicians do not buy votes, but they certainly do help us gain access. Legislators want to help constituents that help them.
Next year is an election year, so they are working especially hard to raise funds. We hope that you will choose a candidate for the Legislature you want to support and work in his or her campaign. If so, you will forever have access to that legislator. It’s time to put a face on nursing in the minds of legislators, and that face needs to be yours.
Please help us build up the PAC funds by going to the TNA website at www.tnaonline.org and contributing or pledging. It is a secure server and you may pay one-half the pledge now and the remainder sometime next year. You tell us when, and we will remind you when payments are due or we will automatically charge your credit card if you select that option. We will also send you a beautiful cloisonné flag pin with both the Tennessee and the American Flag. Thanks very much for your help!
