NOTICE OF PUBLIC HEARING

Pursuant to Hawaii Revised Statutes (“HRS”) section 457-5 and Chapter 91, notice is hereby given that the Board of Nursing (“Board”) will hold a public hearing on Thursday, September 6, 2018 at 8:30 a.m. in the Queen Liliuokalani Conference Room, 1st Floor, King Kalakaua Building, Department of Commerce and Consumer Affairs, 335 Merchant Street, Honolulu, Hawaii, to hear all persons interested in the proposed amendments to Hawaii Administrative Rules (“HAR”) Chapter 16-89, pertaining to nurses.
The purposes of the proposed amendments are to: (1) Align the administrative rules with various statute (law), which was amended pursuant to Act 92, SLH 2016;
(2) Add new and amend existing definitions for clarification; (3) Replaces the term “Master’s entry” with “Graduate-level” in regards to the nursing degree for advanced practice registered nurses; (4) Repeals the “unlimited” number of times an applicant may take the examination regardless of when or where the applicant took the exam and regardless of which state or jurisdiction the applicant was made eligible, an applicant can fail the examination a maximum of three consecutive times before being required to complete a board approved “remedial course” in order to retake the examination; (5) Add a new license requirement that allows the Board to require a self-query report from the NPDB; (6) Add clarifying language for submission requirements for new faculty of Hawaii nursing programs; (7) Add a mandatory reporting requirement for nurses, by the director of nursing, nursing supervisor, peer or colleague to report any disciplinary action or voluntary resignation by the licensee’s employer for an act or omission that demonstrates incompetent practice or unprofessional conduct; (8) Replace the term “recognition” with “license” in regards to advanced practice registered nurses pursuant to Act 46, SLH 2014; (9) Amend the list of the national certifying bodies to include current organizations recognized by the Board; (10) Repeals the fee for applications for advanced practice registered nurse prescriptive authority only; (11) Repeals the requirement for a separate license for advanced practice registered nurse prescriptive authority and places the “prescriptive authority” under the advanced practice registered nurse license as a “special privilege”; (12) Amend the section pertaining to the “Exclusionary formulary for prescriptive authority” by deleting reference to the “joint formulary advisory committee” that was repealed pursuant to Act 183, SLH 2016; (13) Amend the section for “Prescriptive authority renewal for APRN.” by allowing the Board to conduct a random audit for compliance with the renewal requirements; (14) Clarify the Board’s adoption of the National Council of State Boards of Nursing Model Nursing Practice Act and Model Nursing Administrative Rules relating to the “scope of nursing practice for licensed practical, registered nurses and advanced practice registered nurses; the “date for filing” to include “online” renewal submissions; (15) Make other non-substantive changes for the purposes of style and clarify.
All interested persons shall be afforded the opportunity to submit data, views, or arguments, orally or in writing, at the time of hearing. All persons wishing to submit written testimony are requested to submit 12 copies of their written testimony by Monday, August 27, 2018, to the Professional and Vocational Licensing Division at the address printed below.
A copy of the proposed rules will be mailed to any person who requests a copy upon receipt of $15.80 for the copy and postage. Please submit your request to the Professional and Vocational Licensing Division at the address noted below or contact the Board’s office at (808) 586-2695.
Copies may be picked up at the following address between 7:45 a.m. and 4:30 p.m., Monday through Friday, excluding holidays: Department of Commerce and Consumer Affairs, Professional and Vocational Licensing Division, 335 Merchant Street, Room 343, Honolulu, Hawaii 96813. The cost of a copy, $13.75, is due and payable at the time of pick up.
Further, the proposed rules may be reviewed in person free of charge at the Professional and Vocational Licensing Division at the address and hours of operation printed above. In addition, the full text of the proposed rules is available and can be downloaded free of charge from the web site of the Department of Commerce and Consumer Affairs:
http://cca.hawaii.gov/pvl/boards/nursing/statute_rules/.
Individuals who require special needs accommodations are invited to call Lee Ann Teshima at (808) 586-2695 at least four (4) working days prior to the hearing.

Glenda Tali, Chair
Board of Nursing
State of Hawaii
(SA1116102 7/30/18)