Nurse Practice Act Arkansas

Each state maintains strict standards for medical professionals, which are codified into a legal framework of rules, regulations, and restrictions. For nurses, these laws often take the form of a Nurse Practice Act as well as a list of official rules from the state board. Nurses are dedicated to working for public health and well-being and adhering to strict standards of care. With such high levels of responsibility, state governments find it necessary to explicitly lay out the qualifications, requirements, and ethical standards for those in the nursing profession in an effort to ensure patient well-being.

Unfortunately, these strict legal standards can lead registered professional nurses into pitfalls that result in allegations of misconduct and disciplinary proceedings. When dealing with allegations of misconduct, nurses can be faced with practice limitations, fines, and even license suspension and revocation. In addition to laying out rules and restrictions, the law also details very strict guidelines for obtaining and maintaining nursing licensure, continuing education, and reporting misconduct. Missteps in these processes can also lead to cumbersome consequences, disciplinary proceedings, and licensure issues.

If you find yourself at odds with the complexities of the Arkansas Nurse Practice Act, or you are facing allegations of misconduct, the Lento Law Firm Professional License Defense Team can help. Our attorneys have many years of experience helping our medical professional clients, including nurses, navigate the stringent rules and regulations that come with the practice. When your license and livelihood could be at risk, the last thing you want to go through is to go through it alone or rely on underqualified representation for your defense. Call 888.535.3686 or complete this contact form now to inquire about our highly qualified, experienced professional license representation.

What is the Arkansas Nurse Practice Act?

Each state has its own version of the Nurse or Nursing Practice Act that forms the cornerstone of the regulations for nurses and the legal scope of the profession. In Arkansas, the Nurse Practice Act is in Title 17, Subtitle 3, Chapter 87 of the state's general statutes. The Act lays out the standards to which nurses must adhere, the qualifications that must be met for the issuance of a nursing license, and the modes of disciplinary action to follow if a nurse is found in violation of any of the standards or codes of the law. The Nurse Practice Act also defines the leadership roles of the Boards and courts that have jurisdiction to investigate and conduct disciplinary or legal proceedings in the event of a complaint or violating action. In Arkansas, the Nurse Practice Act provides the Pulaski County Circuit Court the power to hear suits involving the Board and to enjoin the unlawful practice of nursing in any county in the state.

The Arkansas State Board of Nursing

The Arkansas Nurse Practice Actestablishes the Arkansas State Board of Nursing as the leading licensing authority for the practice of nursing and lays out the specifics for its creation. The Act specifies that the Board be composed of 13 members appointed by the Governor of Arkansas and confirmed by the State Senate. It also details the minimum qualifications for Board members. For example, five members must be registered nurses, two members must be licensed advanced practice registered nurses, three members must be licensed practical nurses or licensed psychiatric technician nurses, and so on. Furthermore, the Act organizes the proceedings of the Board, dictating that they must meet at least once every six months.

The act also lays out the specific powers and responsibilities vested in the Board. Under the Arkansas Nurse Practice Act, the Arkansas State Board of Nursing has powers and duties including, but not limited to:

  • Providing standards for and approving education programs for nurses
  • Examining, licensing, and renewing the licenses of nurses
  • Granting certificates of prescriptive authority
  • Creating an advisory committee for the oversight of prescriptive authority
  • Conducting disciplinary proceedings

Importantly, the law provides the Board with the duty to promulgate the rules necessary for the implementation of the Nurse Practice Act.

As such, the Arkansas State Board of Nursing details the specifics of the practice of professional nursing in the official Arkansas State Board of Nursing Rules.

The Practice of Nursing Defined

The Arkansas Nurse Practice Act defines the practice of professional nursing, as well as the more specific practices that fall under this law. The practice of professional nursing is defined as the performance of a registered nurse or an advanced practice registered nurse for compensation for the following acts:

  • Observing, caring for, or counseling the ill or injured
  • Maintaining health and preventing illness of others
  • Supervising and teaching other nurses
  • Delegating nurse practices to others and
  • Administering medication and treatment as prescribed

The Act distinguishes advanced practice registered nursing, defining it as “the delivery of healthcare services for compensation by a professional nurse who has gained additional knowledge and skills through successful completion of an organized program of nursing education.” Advanced practice registered nurses include certified nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists.

Licensing Requirements for Arkansas Nurses

In terms of education and licensing requirements, the Arkansas Nurse Practice Act requires that registered nurses have a high school diploma or equivalent and complete a nursing education program that is approved by the Arkansas State Board of Nursing. Furthermore, registered nurses must successfully pass an examination to obtain a nursing license from the Board. The Board may also issue licenses to registered nurses who have been licensed in another state, so long as the qualifications match Arkansas standards, as determined by the Board.

Furthermore, advanced practice registered nurses must first be licensed registered nurses, make an additional application, and pay the necessary fees to be awarded further licensure in their specific role. For example, clinical nurse specialists are required to hold a graduate degree in nursing and a national certification to qualify. Registered nurse anesthetists must also hold a national certification as well as a diploma that extends beyond a general nursing program and that adheres to the standards of the Council on Accreditation of Nurse Anesthesia Educational Programs. Registered nurse practitioners, licensed practical nurses, and licensed psychiatric technician nurses must also hold special qualifications beyond that of registered nurses and must complete the required curriculum as dictated by the Arkansas State Board of Nursing. The Act also dictates that the Board is responsible for establishing and collecting fees related to nursing licensure.

Continuing Education Requirements for Arkansas Nurses

Although the Arkansas Nurse Practice Act gives the Board the power to establish rules on the continuing of education, it also lays out requirements for the Board to adhere to in these endeavors. First, as these requirements are minimum standards and are required for licensed nurses to retain their licenses, they are not permitted to be overly demanding. The Act dictates that the Board not require over 20 hours per year for mandatory continuing of education.

Further, the Act requires that continuing education programs be offered either at a nurse's workplace or, if this is not possible, that they are offered at another convenient location. All other rules regarding minimum continued education are left up to the Board, and nurses who do not satisfy these requirements can face disciplinary proceedings or license nonrenewal.

Prohibited Practices and Penalties for Arkansas Nurses

Another core function of the Arkansas Nurse Practice Act is to set out general violations and strict penalties as they pertain to the Act's stipulations.

The Arkansas Nurse Practice Act prohibits the following acts and qualifies them as misdemeanors:

  • Selling a nursing license or diploma
  • Fraudulently obtaining a nursing license or diploma
  • Practicing nursing with fraudulently obtained credentials
  • Using nursing titles without a proper license, including R.N., A.P.N, C.N.M., etc. - or any other title that could mislead others into assuming the user is a licensed nurse
  • Practicing nursing with a suspended license
  • Facilitating any nursing education program without Board approval
  • Prescribing medication without prescriptive authority

Violators of the above provisions are subject to the following penalties as approved by the Arkansas State Board of Nursing:

  • Fines between $25 and $500, followed by additional fines for subsequent offenses or imprisonment for up to 30 days
  • Civil penalties up to $1,000 per violation, with each day of violation constituting a separate offense, as determined by the board after a hearing

The Board may impose any additional penalties for the above-mentioned violations as they see fit.

Authorized Disciplinary Actions for Licensed Nurses

As previously mentioned, the Arkansas Nurse Practice Act grants the Board the ability to take disciplinary action against nurses. The Act specifies that the Board has “sole authority to deny, suspend, revoke, or limit any license or privilege to practice nursing or certificate of prescriptive authority ...” However, the Act also stipulates that the Board may only discipline licensees upon proof that they are guilty of certain violations, including:

  • Fraudulently obtaining a license
  • Practicing without a license
  • Committing a grossly immoral crime
  • Incompetence or negligence
  • Addiction to habit-forming substances

Accusations under this section of the Arkansas Nurse Practice Act should be taken very seriously, as any violation on record could severely hurt your chances at beginning or continuing your career as a professional nurse in Arkansas. If you find yourself at odds with the Arkansas Nurse Practice Act or with the Arkansas State Board of Nursing, contact the Lento Law Firm Professional License Defense Team as soon as possible.

Prescriptive Authority and the Advisory Committee

The Act requires that nurses have prescriptive authority in order to receive or prescribe patients any drugs, medicines, or therapeutic devices unless the nurse is a certified registered nurse anesthetist. The Arkansas State Board of Nursing is tasked with granting certificates of prescriptive authority. However, they are entitled to convene a Prescriptive Authority Advisory Committee comprised of six members in order to assist with certification.

The Act permits the Board to grant prescriptive authority to advanced practice registered nurses who complete a Board-approved advanced pharmacology course or who have a collaborative practice agreement with a license practicing physician. It is important to note that prescriptive authority only applies to drugs listed in Schedules III, IV, and V. Prescriptive authority can also apply to hydrocodone combinations that were rescheduled from Schedule III to Schedule II in 2014, but only if the authority includes a collaborative practice agreement.

The Arkansas Nurse Practice Act defines full independent practice authority as “the ability of a certified nurse practitioner or a clinical nurse specialist to practice with prescriptive authority without a collaborative practice agreement.” The Act also dictates that there be a Full Independent Practice Credentialing Committee to grant such authority to certified nurse practitioners and clinical nurse specialists.

Contact the Lento Law Firm for Premier Professional License Defense in Arkansas

Any allegations of rule violations under the Arkansas Nurse Practice Act can have serious consequences for your ability to practice nursing. Even if you are facing false accusations or you feel that the violations in question are minor, your professional status and reputation as an Arkansas nurse could be at risk. Reach out to the Lento Law Firm's Professional License Defense Team as soon as possible. Our attorneys are very well-versed with the Arkansas Nurse Practice Act and understand how violations under this law can present problems for nurses accused of wrongdoing or nonadherence to rules and requirements. With the Lento Law Firm behind you, you can focus on your practice as our Team navigates the law and the circumstances of your case to craft the best defense possible. Contact us today to ensure that your nursing license is protected by the best strategies possible. Call us at 888.535.3686 or complete this contact form now to tell us about your case.

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