Legislation that will impact NPs and PAs
CANAP would like to make everyone aware of legislation that has been proposed for Senate and House Committees that will be discussed, tomorrow March 23rd and Wednesday, March 24th. I have been on a telephone call with AANP, TNA and TNNPA. It seems the legislation (description below) was initiated by the Lieutenant Governor who is a pharmacist and he will not be stepping away from this issue. The gravity of the opiate epidemic in the State of Tennessee does support that legislation around inappropriate prescribing is necessary, but the language of the current bill needs to be ammended. As of right now we are asking that you write or call your legislators and ask them to Oppose HB 1045/SB2012 Unless Ammended.
TNA is in talks with the PA associations and is now working with AANP. They will work on the language to ammend the proposed bill that will:
1. Account for due process in light of acuasations
2. Address the fact that the collaborative agreement between APNs and Physicians does not require APNs discuss each controlled substance prescription written and that physician onsite oversight for a minimum of two years further restricts already limited practice, especially in the underserved rural areas
3. If an opiate is deemed to have been inappropriately prescribed, the "punishment fit the crime", e.g. disciplinary action should vary depending on the nature and gravity of the violation
4. There was also discussion that the length of time it takes the BON and BOM to properly investigate previous allegations has been lengthy and legislation might be needed to address this
As soon as the collaborative ammendment is composed, it will be shared on this page and through our social media outlets. We will use this page along with Social Media to keep APNs updated.
Mary Jo Blanton, DNP, APRN, FNP-BC
Below is the information that was shared from Irene Bean, Executive Director of the Tennessee Nurse Practitioner Association late last week:
I'm asking for your assistance in advocating against HB 1045, sponsored by Rep. Sabi Kumar and co-sponsored by Sen. Ferrell Haile, which was introduced to impact the current scope of practice. If this bill passes, it will have major implications on NP/PA-owned clinics, prescribers and apply more barriers to an already restricted state. HB1045/SB0212 will be heard in the House 3/23 and Senate 3/24.
EVERYONE IS URGED TO CONTACT YOUR LEGISLATORS, IMMEDIATELY! PLEASE SHARE THIS POST WITH ALL NPs & PAs.
The bill reads as follows:
(3) Failure by a person licensed under and required by the provisions governing nurses and physician assistants to collaborate with a physician for any act within the person's licensed scope of practice constitutes a threat to the public health, safety, and welfare and imperatively requires emergency action by the person's licensing authority. If the licensing authority of such a nurse or physician assistant learns that the person has failed to comply with the collaboration requirement, then the licensing authority must immediately suspend the license of the person until the licensing authority receives sufficient proof that the person is in compliance with the collaboration requirements. This bill provides that this licensure sanction is supplementary to, and does not limit, the authority of the appropriate board to take other disciplinary action against a person the board determines to be in violation of the laws governing the nurse's or physician assistant's license.
This bill adds to the provisions governing nurses and physician assistants that if a nurse or physician assistant is a prescriber and is the subject of disciplinary action by the person's board for conduct related to improper prescribing or diversion of a controlled substance, but retains an active license with prescribing authority following the disciplinary action, then the prescriber is prohibited from prescribing a controlled substance in this state unless the healthcare prescriber is working in collaboration with an on-site physician who is licensed to prescribe controlled substances in this state. The appropriate board will determine the period of time that a healthcare prescriber is subject to the on-site supervision requirement, which must not be less than two years.
Present law requires the chief administrative official of each hospital or other healthcare facility to report to the respective licensing board, committee, council, or agency any disciplinary action taken concerning any licensed healthcare professions when the action is related to professional ethics, professional incompetence, negligence, moral turpitude, or drug or alcohol abuse. This bill adds to the information that must be reported any information that the chief administrative official reasonably believes indicates that the healthcare professional has been referred to or participated in a professional assistance program on two or more separate occasions because the person:
(A) Inappropriately prescribed an opioid;
(B) Diverted an opioid;
(C) Engaged in sexual activity with a patient; or
(D) Has a mental or physical impairment that prevents the person from safely practicing the licensed profession.
Irene Bean, DNP, APRN-BC, PMHNP-BC, FAANP