Clinical nurse specialist; practice agreements.
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HB 285 — Clinical nurse specialist; practice agreements.
Last action — Approved by Governor-Chapter 197 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 07, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Clinical nurse specialist; practice agreements.Provides that a nurse practitioner licensed by the Boards of Medicineand Nursing in the category of clinical nurse specialist who doesnot prescribe controlled substances or devices may practice in thepractice category in which he is certified and licensed without awritten or electronic practice agreement, provided that he (i) onlypractice within the scope of his clinical and professional trainingand limits of his knowledge and experience and consistent with theapplicable standards of care, (ii) consult and collaborate with otherhealth care providers based on the clinical condition of the patientto whom health care is provided, and (iii) establish a plan for referralof complex medical cases and emergencies to physicians or other appropriatehealth care providers. The bill also provides that a nurse practitionerlicensed by the Boards in the category of clinical nurse specialistwho prescribes controlled substances or devices shall practice inconsultation with a licensed physician in accordance with a practiceagreement between the nurse practitioner and the licensed physician.
Bill Text
What changed in the latest version
318 added · 304 removedPlain-language change summary
The recent amendment to Bill HB 285 clarifies the licensing and collaboration requirements for nurse practitioners in Virginia. Specifically, it reaffirms that nurse practitioners must have a practice agreement with a physician, while certain licensed specialists like clinical nurse specialists can operate under different rules. This change is significant because it streamlines the regulations, making it easier for nurse practitioners to practice while ensuring they maintain necessary supervision. Overall, it aims to enhance healthcare delivery while keeping patient safety in mind.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E197 An Act to amend and reenact §§ 54.1-2957, as it is currently effective and as it shall become effective, and 54.1-2957.01 of the Code of Virginia, relating to clinical nurse specialist;
practice agReement.agreement.
O [H 285] Approved LApril L7, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 54.1-2957, as it is currently effective and as it shall become effective, and 54.1-2E57.0154.1-2957.01 of the Code of Virginia are amended and reenacted as follows:
D§ A.54.1-2957.
(Effective until July 1, 2022) Licensure and practice of nurse practitioners.
A.
The Board of Medicine and the Board of Nursing shall jointly prescribe the regulations governing theCommonwealth licensureunless ofhe holds such a joint license.ul for a person to practice as a nurse practitioners.practitioner in the C.
ItEvery isnurse unlawfulpractitioner forother than a personcertified tonurse practicemidwife, ascertified registered nurse anesthetist, or clinical nurse specialist or a nurse practitioner inwho meets the Commonwealthrequirements unlessof hesubsection holdsI suchshall maintain appropriate collaboration and consultation, as evidenced in a jointwritten license.or electronic practice agreement, with at least one patient care team physician.
C.A nurse practitioner who meets the requirements of subsection I may practice without a written or electronic practice agreement.
Every nurse practitioner other than a certified nurse midwife, certified registered nurse anesthetist, or clinical nurse specialist or a nurse practitioner who meets the requirements of subsection IHshall maintain appropriate collaboration and consultation, as evidenced in a written or electronic pr2ctice requirements of subsection I may practice without a written or electronic practice agreement.
Collaboration and consultation among nurse practitioners and patient care team physicians may be proPhysiciansprovided onthrough patienttelemedicine careas teamsdescribed may require that a nurse practitioner be covered by a professional liability insurance policy with limits equal to the current limitation on damages set forth in § 8.01-581.15.38.2-3418.16.
Physicians on patient care teams may require that a nurse practitioner be covered by a professional liability insurance policy with limits equal to the current limitation on damages set forth in § 8.01-581.15.
The Boards of Medicine and Nursing shall jointly promulgate regulations specifying collaboration and consultation among physicians and nurse practitioners working as part of patient care teams that shall include the development of, and periodic review and revision of, a written or electronic practice collaboratingagreement; parties and the patient;
guidelines for availability and ongoing communications that define consultation among the collaborating parties and the patient;
For nurse practitioners providing care to patients within a hospital or health care system, the practice agreement may be included as part of documents delineating the nurse practitioner's clinical privileges or the electronic or teamwritten physician.tiondelineation of duties and responsibilities in collaboration and consultation with a patient care E.team physician.
E.
A nurse practitioner to whom a license is issued by endorsement may practice without a practice agreement with a patient care team physician pursuant to subsection I if such application provides an attestation to the Boards that the applicant has completed the equivalent of at least two years of full-time clinical experience, as determined by the BoaF.Boards, in accordance with the laws of the state in which the nurse practitioner was licensed.
F.
of 6 G.
In the event a physician who is serving as a patient care team physician dies, becomes disabled, retires from active practice, surrenders his license or has it suspended or revoked by the Board, or of 6 relocates his practice such that he is no longer able to serve, and a nurse practitioner is unable to enter into a new practice agreement with another patient care team physician, the nurse practitioner may continue to practice upon notification to the designee or his alternate of the Boards and receipt of such notification.
Nurse practitioners A nurse practitioner licensed by the Boards of Medicine and Nursing in the of 6 category of clinical nurse specialist who does not prescribe controlled substances or devices may practice in the practice category in which he is certified and licensed without a written or elEctronicelectronic practice agreement.
Such nurse practitioner shall (i) only practice within the scope of his clinical and professional training and limits of his knowledge and experience and consistent with the applicable standards of care, (ii) consult and collaborate with other health care providers based on the cRinicalclinical of 6 condition of the patient to whom health care is provided, and (iii) establish a plan for referral of comAcomplex nursemedical practitionercases licensedand byemergencies theto Boardsphysicians in the category of clinical nurse specialist whoO prescribes controlled substances or devicesother shallappropriate practicehealth incare consultationproviders. with a licensed physician in accordance with a practice agreement between the nurse practitioner and the licensed physician.
A nurse practitioner licensed by the Boards in the category of clinical nurse specialist who prescribes controlled substances or devices shall practice in consultation with a licensed physician in accordance with a practice agreement between the nurse practitioner and the licensed physician.
Evidence of a practice agreement shall be maintained by a nurse practitioner and Erovidedprovided to the Boards upon request.
D § 54.1-2957.
As used in this section, "clinical experience" means the postgraduate delivery of health care dirB.directly to patients pursuant to a practice agreement with a patient care team physician.
B.
Every nurse practitioner other than a certified nurse midwife, certified registered nurseHanesthetist,nurse anesthetist, or clinical nurse specialist or a nurse practitioner who meets the requirements of subsection I shall maintain appropriate collaboration and consultation, as evidenced in a written or electronic pr8cticepractice agreement, with at least one patient care team physician.
A nurse practitioner who meets the E requirements of subsection I may practice without a written or electronic practice agreement.
A certified registered nurse anesthetist shall practice under the supervision of a licensed doctor of medicine, osteopathy, podiatry, or dentistry.
A nurse practitioner who is appointed as a medical of examiner pursuant to § 32.1-282 shall practice in collaboration with a licensed doctor of medicine or osteopathic medicine who has been appointed to serve as a medical examiner pursuant to § 32.1-282.
Service on a patient care team by a patient care team member shall not, by the existence of such serD.service alone, establish or create liability for the actions or inactions of other team members.
D.
Evidence of a practice agreement shall providingbe caremaintained toby patients within a hospital or health care system, the practice agreement may beoners included as part of documents delineating the nurse practitioner'spractitioner clinicaland privilegesprovided orto the electronicBoards orupon writtenrequest. delineation of duties and responsibilities in collaboration and consultation with a patient care team physician.
For nurse practitioners providing care to patients within a hospital or health care system, the practice agreement may be included as part of documents delineating the nurse practitioner's clinical privileges or the electronic or written delineation of duties and responsibilities in collaboration and consultation with a patient care team physician.
A nurse practitioner to whom a license is issued by endorsement may practice without a practice agreement with a patient care team physician pursuant to subsection I if such application provides an attestation to the Boards that the applicant has completed the equivalent of at least five years of full-time clinical experience, as determined by the Boards, in accordance with the laws of the state in which the nurse practitioner was licensed.dlicensed. by the F.
PendingF. the outcome of the next National Specialty Examination, the Boards may jointly grant of 6 temporary licensure to nurse practitioners.
Pending the outcome of the next National Specialty Examination, the Boards may jointly grant temporary licensure to nurse practitioners.
Such nurse practitioner may continue to treat patients without a patient care team physician for an initial period not to exceed 60 days, provided the nurse practitioner continues to prescribe only of 6 those drugs previously authorized by the practice agreement with such physician and to have access to appropriate input from appropriate health care providers in complex clinical cases and patient emergencies and for referrals.
Show all 55 changed lines (15 more)
of 6 J.
Nurse practitioners A nurse practitioner licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist who does not prescribe controlled substances or devices mEymay practice in the practice category in which he is certified and licensed without a written or electronic practice agreement.
Such nurse practitioner shall (i) only practice within the scope of his clinical and professional training and limits of his knowledge and experience and consistent with the applicRbleapplicable standards of care, (ii) consult and collaborate with other health care providers based on the clinical complexcondition medicalof casesthe andpatient emergencies to physicianswhom or other appropriate health care providers.Olis ofprovided, Aand nurse(iii) practitionerestablish licenseda byplan thefor Boardsreferral in the category of clinicalcomplex nursemedical specialistcases whoLand prescribesemergencies controlledto substancesphysicians or devicesother shallappropriate practicehealth incare consultationproviders. with a licensed physician in accordance with a practice agreement between the nurse practitioner and the licensed physician.
SuchA practicenurse agreementpractitioner shalllicensed addressby the availabilityBoards ofin the category of clinical nurse specialist who prescribes controlled substances or devices shall practice in consultation with a licensed physician forin routineaccordance andwith urgenta consuEtationpractice onagreement patientbetween care.the nurse practitioner and the licensed physician.
Such of 6 practice agreement shall address the availability of the physician for routine and urgent consultation on patient care.
Prescription of certain controlled substances and devices by licensed nurse praA.practitioners.
A.
A nurse practitioner who does not meet the requirements for practice without a written orHor electronic practice agreement set forth in subsection I of § 54.1-2957 shall prescribe controlled substances or devices only if such prescribing is authorized by a written or electronic practic8practice agreement entered into by the nurse practitioner and a patient care team physician or, if the nurse practEtionerpractitioner is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the nurse practitioner and a licensed physician.
Such nurse practitioner shall provide to the Boards of Medicine and Nursing such evidence as the Boards may jointly require that the nurse practitioner has entered into and is, at the time of writing a prescription, a party to a written or electronic practice agreement with a patient care team physician, or, if the nurse practitioner is licensed by the Boards of Medicine and with a Nursing in the category of clinical nurse specialist, a licensed physician, that clearly states the prescriptive practices of the nurse practitioner.
Practice agreements authorizing a nurse practitioner to prescribe controlled substances or devices pursuant to this section either shall be signed by the patient care team physician, or, if the nurse practitioner is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, a licensed physician, or shall clearly state the name of the patient care team physician, or, if the nurse practitioner is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the name of the licenseddlicensed by physician, who has entered into the practice agreement with the nurse practitioner.
Such regulations shall include requirements as may be necessary to ensure continued nurse practitioner competency, which may include continuing education, testing, or any other requirement, and shall address the need to promote ethical practice, an appropriate standard of care,rcare, patient safety, the use of new pharmaceuticals, and appropriate communication with patients.
Any party to a practice agreement shall disclose, upon request of a patient or his legal representative, the name of the patient care team physician, or, if the nurse practitioner is licensed by the Boards of Medicine and Nursing in the category of clinical nurse specialist, the name of the licensed physician, and information regarding how to contact the patient care team physician or licensed physician.
and information regarding how to contact the patient care team physician or licensed 2.
Physicians shall not serve as a patient care team physician on a patient care team at any one time of 6 to or enter into a practice agreement with more than six nurse practitioners at any one time.
Notwithstanding any provision of law or regulation to the contrary, a nurse practitioner licensed by the Boards of Medicine and Nursing as a certified registered nurse anesthetist shall have the authority of 6 to prescribe Schedule II through Schedule VI controlled substances and devices in accordance with the requirements for practice set forth in subsection C of § 54.1-2957 to a patient requiring anesthesia, as part of the periprocedural care of such patient.
Show all 55 changed rows (15 more)
View plain text versions (3)
- CHAP0197 View text Current pdf April 07, 2022
- HB285ER View text pdf March 02, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22100270D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 197 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (HB285ER)
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Signed by Speaker
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Education and Health (15-Y 0-N)
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Assigned Education sub: Health Professions
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Referred to Committee on Education and Health
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Constitutional reading dispensed
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VOTE: Block Vote Passage (98-Y 0-N)
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Read third time and passed House BLOCK VOTE (98-Y 0-N)
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Read second time and engrossed
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Read first time
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Reported from Health, Welfare and Institutions (22-Y 0-N)
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Subcommittee recommends reporting (9-Y 0-N)
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Assigned HWI sub: Subcommittee #1
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Impact statement from DPB (HB285)
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Referred to Committee on Health, Welfare and Institutions
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Prefiled and ordered printed; offered 01/12/22 22100270D
Sponsors
- Emily M. Jordan · Cosponsor
- Jr. C.E. Cliff Hayes · Cosponsor
- Delores L. McQuinn · Cosponsor
- Sam Rasoul · Cosponsor
- Irene Shin · Cosponsor
- Kelly K. Convirs-Fowler · Cosponsor
- Kimberly Pope Adams · Primary
- Kenneth R. Plum · Cosponsor
- Kaye Kory · Cosponsor
- Clinton L. Jenkins · Cosponsor
- G. "John" Avoli · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 137 not signed on
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Yea |
| Adams, Dawn M. | — | Yea |
| Bell, Robert B. | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Christopher T. Head | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Hudson, Sally L. | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Yea |
| Patrick A. Hope | — | Yea |
| Phillip A. Scott | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Rodney T. Willett | — | Yea |
| Sickles, Mark D. | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 1 |
| Total | 9 | 0 | 0 | 1 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Edmunds, James E., II | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| H. Otto Wachsmann, Jr. | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Mike A. Cherry | — | Yea |
| Orrock, Robert D., Sr. | — | Not Voting |
| Patrick A. Hope | — | Yea |
| Robinson, Roxann L. | — | Yea |
Subjects
Frequently asked questions
- What does HB 285 do?
- Clinical nurse specialist; practice agreements.Provides that a nurse practitioner licensed by the Boards of Medicineand Nursing in the category of clinical nurse specialist who doesnot prescribe controlled substances or devices may practice in thepractice category in which he is certified and licensed without awritten or electronic practice agreement, provided that he (i) onlypractice within the scope of his clinical and professional trainingand limits of his knowledge and experience and consistent with theapplicable standards of care, (ii) consult and collaborate with otherhealth care providers based on the clinical condition of the patientto whom health care is provided, and (iii) establish a plan for referralof complex medical cases and emergencies to physicians or other appropriatehealth care providers. The bill also provides that a nurse practitionerlicensed by the Boards in the category of clinical nurse specialistwho prescribes controlled substances or devices shall practice inconsultation with a licensed physician in accordance with a practiceagreement between the nurse practitioner and the licensed physician.
- Who sponsors HB 285?
- HB 285 is sponsored by Emily M. Jordan, C.E. Cliff Hayes, Jr., Delores L. McQuinn, Sam Rasoul, Irene Shin, Kelly K. Convirs-Fowler, Kimberly Pope Adams, Plum, Kenneth R., Kory, Kaye, Jenkins, Clinton L., and Avoli, G. "John".
- What is the current status of HB 285?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 285?
- Track HB 285 free on One Click Politics — get push/email alerts when it moves.
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