Legislative Alert: January, 2001
by Louise Browning, CAE
Executive Director and Lobbyist
Legislative Priorities
The TNA Board of Directors met December 8, and determined the legislative priorities for 2001. From a list of important issues, the Board chose the top five on which to concentrate our efforts in the 2001 Legislative session. They are 1) nondiscrimination in managed care for advanced practice registered nurses (APRNs); 2) revision of the nurse practice act, which may include title protection for APRNs, revising the supervision language for prescription privileges, mandating funding for a nursing work force development agency, raising the per diem for board members from $50 to $100, and other clean-up amendments; 3) mandating appointment of registered nurses to health policy-making boards; 4) disposition of the tobacco monies; and 5) TennCare. These issues are not in priority order, but each is equally important. We will definitely be introducing a new bill on nondiscrimination. The Task Force on the Nurse Practice Act will determine at their January meeting whether we will go forward with legislation in 2001 to amend the nurse practice act.
Continued Competency Rules
At their December meeting, the Board of Nursing gave final approval to a revised set of continued competency rules which can be read in their entirety by clicking here. Several changes were made since the first draft was presented to the Board, including a revised definition of continued competence, a requirement to document in a personal file evidence of competence, and revisions and additions to the standards of practice and standards of responsibilities as a member of the nursing profession.
Documented evidence of competency in a current practice role may be selected from an extensive list of 15 items, including such things as current national certification, continuing education, employer evaluations, education of students, and article publication.
The law requires the Board to implement the plan by the year 2002. All licensed nurses will receive information in their renewal forms explaining the new requirements. Each nurse will be required to attest to the fact by signature that they have met the requirements of the continued competency rules. If requested by the Board, the licensee must, within 30 days of a request from the Board, provide evidence of continued competence activities. You may read the rules in their entirety by clicking here.
Federal Needlestick Legislation
A tremendous victory for nursing was achieved by ANA when the “Needlestick Safety and Prevention Act” was passed by Congress in October and signed into law [P.L. 106-430] by President Clinton on November 6. The passage of federal needle stick legislation was part of ANA’s Safe Needles Save Lives campaign, a three-pronged approach utilized by ANA to push for an amendment of the federal OSHA Occupational Exposure to Bloodborne Pathogens Standard that would require employers to use the most effective devices to decrease needle stick injuries. The other two approaches included amending the OSHA Standard through the federal regulatory process as well as the passage of state needle stick legislation.
TennCare
Blue Cross has announced a tentative agreement to stay in the TennCare program on a no-risk basis until 2002, and is negotiating to be a part of the re-structured program after that. State officials have been struggling to establish new regional managed care organizations (MCOs) to take Blue Cross enrollees by the previously announced exit date of July 1.
Blue Cross has 575,000 enrollees and has contracted for the services of APRNs as primary care providers since the beginning of the TennCare Program. This latest renewed interest to continue to participate is critical to the success of TennCare. The state has been trying to recruit new MCOs into the program, but with little success. Both Access MedPlus and Xantus have run into difficulties in the past, with Access under state supervision and Xantus in state receivership. The news from Blue Cross is welcome indeed.
TNA has been supportive of the TennCare Program since its inception during Governor Ned McWherter’s administration and will continue to support the program. TNA member Nancy Anness, FNP, presented testimony to the Governor’s Commission on TennCare back in April recommending as one of five refinements that some of the TennCare functions be consolidated and centralized–functions such as a single formulary, integrated technology systems, centralized billing, centralized uniform credentialing processes, unified auditing system and universal forms. Her testimony was well received by the members, and former Governor McWherter, who sits on the commission, as well as others were highly complimentary of TNA’s recommendations.
Coordinated School Health Program
The Department of Education and the Department of Health are currently working on developing the guidelines and establishing a request for proposals for the six-to-nine pilot programs that will be initiated across Tennessee sometime after February 1, 2001. These pilot programs will be funded from the $1 million appropriation received last year. However, it is highly doubtful that any monies will be available from the general fund in 2001. Accordingly, Rep. Ken Givens is asking all organizations with a vested interest to contact members of the Tobacco Study Committee to encourage them to provide funding for the continuation and expansion of coordinated school health programs.
Members of the Committee are Senators Jerry Cooper, Rusty Crowe, Lincoln Davis, Roscoe Dixon, Tommy Haun, Joe Haynes, Rosalind Kurita, Randy McNally, Bob Rochelle, Mike Williams, and Representatives Joe Armstrong, Stratton Bone, Gene Davidson, Lois DeBerry, Stancil Ford, Ken Givens, Steve McDaniel, Bob McKee, and Raymond Walker.
