Wyo. Code R. 054-0002-1
General
Chapter 1: General Provision
Effective Date: 11/30/1999 to 07/02/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 054.0002.1.11301999
(a) These rules and regulations are promulgated by the Wyoming State Board of Nursing pursuant to their authority under the Wyoming Nursing Practice Act, W.S. 33-21-119 through 33-21-156; and pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101, et seq.; and pursuant to applicable federal requirements.
(b) The board shall have all of the duties, powers and authority granted by and necessary to the enforcement of the Wyoming Nursing Practice Act and reasonable rules governing the regulation of advanced practitioners of nursing, registered professional nurses, licensed practical nurses, and nursing assistants/nurse aides.
(c) Without limiting the foregoing, the board may do the following:
(i) Have the authority to make, adopt, amend, repeal and enforce uniform and reasonable standards for nursing practice and nursing assistant/nurse aide functions;
(ii) Issue licenses and certificates to qualified individuals who have met the required standards;
(iii) Conduct investigations, hearings and proceedings concerning alleged violations of the board's rules and regulations and the Wyoming Nursing Practice Act;
(A) Request criminal history background information on license or certificate applicants as authorized under WS 7-19-106(a)(viii);
(B) Require fingerprints and other information necessary for a criminal history record background check pursuant to WS 7-19-201;
(iv) Compel attendance of witnesses, issue subpoenas and administer oaths to those testifying at hearings;
(v) Implement a disciplinary process for nurses and nursing assistants/nurse aides;
(vi) Determine and administer appropriate disciplinary action against all individuals found guilty of violating the board rules and regulations and the Wyoming Nursing Practice Act;
(vii) Publish advisory opinions regarding acceptable standards of nursing and nursing practice and nursing assistant/nurse aide functions;
(viii) Provide consultation, conduct conferences, forums, studies and research;
(ix) Determine and collect reasonable fees not to exceed statutory limits;
(x) Receive and expend funds for the pursuit of the authorized objectives of the board.
(d) These rules do not require the Board of Nursing to act upon violations of their provisions whenever, in the board’s opinion, the public interest will be served adequately by a suitable written notice of warning to affected parties.
(e) The responsibility for enforcement of the provisions of these rules is vested in the Board of Nursing.
(a) These rules and regulations are adopted to implement the authority of the Wyoming State Board of Nursing to:
(i) Regulate the qualifications and standards of performance of nurses and nursing assistants/nurse aides practicing in Wyoming;
(ii) Develop and enforce standards for nursing and nursing assistant/nurse aide education programs;
(iii) Approve nursing and nursing assistant/nurse aide education programs that meet the standards;
(iv) Provide for enforcement and proper administration of the provisions of the Nursing Practice Act and the board’s rules and regulations;
(v) Administer appropriate disciplinary action against advanced practitioners of nursing, registered professional nurses, licensed practical nurses, and certified nursing assistants/nurse aides for proven violations of the Nursing Practice Act; the board’s rules and regulations; and applicable federal requirements;
(a) If any provision of these regulations or the application thereof to any person or circumstance is invalid, such invalidity shall not affect other provisions or application of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.
(a) Terms defined in W.S. 33-21-119 through 33-21-156 shall have the same meaning when used in these regulations unless the context or subject matter clearly requires a different interpretation.
(a) As used in these regulations, the following terms shall have the meanings set forth unless the context or subject matter clearly requires a different interpretation.
(a) The definitions set out in the Nursing Practice Act, W.S. 33-21-120, are hereby incorporated by reference to these rules and regulations. In addition, as used in these rules and regulations, the following definitions shall apply:
(i) “Abandonment” means the termination of a client relationship or client contact without the client’s knowledge (when appropriate) and without making arrangements for appropriate continuation of care; and may include:
(A) Insufficient observation; that is, the failure to provide adequate assessment and intervention directly or indirectly through inadequate supervision of other nursing care providers;
(B) Failure to assure competent intervention; that is, the failure to intervene when client condition warrants intervention; the delegation or assignment of care to an unqualified care giver; or the acceptance of assignments beyond the individual level of competency; and
(C) Withdrawal of service; that is, the failure to give sufficient notice to a manager or other responsible party of intent to cease providing nursing care so that arrangements can be made for continuation of care.
(ii) “Abuse” means any behavior that is designed to control and subjugate another human being through the use of fear, humiliation, verbal or physical assaults.
(iii) “Academic facilities” means the physical facilities of the governing body such as classrooms, offices, laboratories, libraries, and other essential resources required for the program.
(iv) “Acceptable documentation of employment” means any evidence that clearly substantiates an individual was employed in the capacity of an advanced practitioner of nursing; a licensed nurse; or a nursing assistant/nurse aide.
(v) “Acceptable documentation of program completion” means a copy of a certificate of completion or an official transcript from a board approved education and/or training program.
(vi) “Accreditation” means an official authorization or status granted by a nationally recognized accrediting agency.
(vii) “Administrative head” means the registered professional nurse faculty member who has the responsibility to administer the nursing education program regardless of the official title assigned by the governing body.
(viii) “Annual report” means a condensed report from a board approved nursing education program which summarizes significant revisions pertaining to the criteria as stated in the established Standards For Nursing Education Programs.
(ix) “Board” means the Wyoming State Board of Nursing as defined by W.S. 33-21-119 thru 33-21-156.
(x) “Boundaries” mean the conscious limits a practitioner places on his/her actions and interactions with clients in order to protect the space between his/her power and their vulnerability. Boundaries control this power differential and allow for a safe connection based upon the client’s needs. While the client may initiate what would be a boundary issue, it is always the responsibility of the practitioner to establish and maintain boundaries.
(xi) “Canadian Nurses’ Association Testing Service” means the Canadian organization which has the authority to develop and administer the Canadian national nursing licensure examination.
(xii) “Candidate” means an individual who has met all the requirements for completion of a board approved nursing education program, and is applying for a graduate temporary permit or licensure by examination.
(xiii) “Certified Nursing Assistant/Nurse Aide” means a person who performs delegated nursing related tasks and services, regardless of title or care setting, who has completed a specified course of study, has met minimum competency requirements, and is certified by the board.
“Client” means patient, resident, or client.
(xv) “Clinical facilities” means those institutions which are established for the delivery of health care services, and which are utilized by students enrolled in nursing education programs.
(xvi) “Competency examination” means an objective examination approved by the board to determine entry level competence of the practitioner.
(xvii) “Collaboration” means a process which involves two or more health care professionals working together toward common goals, each contributing his or her respective area of expertise, in order to provide more comprehensive care than either one alone could offer.
(xviii) “Complainant” means the person(s), organization or agency who initiated the complaint.
(xix) “Conditional approval” means the status given to a nursing education program for a period of time determined by the board for failure to meet the criteria as stated in the established Standards for Nursing Education Programs, and which specifies deficiencies that shall be removed or corrected within a designated period of time.
(xx) “Continued competency” means nursing practice or educational experience beyond basic nursing preparation, which promotes the skillful and proficient performance of functions within the role of the licensee and contributes to the essential knowledge, judgment and skills for the enhancement of nursing practice.
(xxi) “Current” means new, present, most recent.
(xxii) “Delegation” means the transfer of responsibility for the performance of an activity from one individual to another;
(A) The delegator retains the accountability for the overall outcome of the delegation, and
(B) The delegatee retains the burden for appropriately performing the delegated tasks or activities and keeping the delegator informed;
(C) Delegation is unnecessary if the particular activity or task is already within the legally recognized scope of practice of the individual [delegatee] who is to perform the activity or task;
(I.) An element of assignment exists in all delegation; however, for the purpose of these rules, assignment means that an individual designates another to be responsible for specific patients or selected nursing functions for specifically identified patients;
(II.) Both “assignment” and “delegation” decisions must be made by the licensed nurse on the basis of the skill levels of the care givers, the care needs of patients or clients, and other considerations;
(D) If the activity or task is not within the delegator’s scope of practice, it cannot be delegated.
(xxiii) “Direction” means the intermittent observation, guidance and evaluation of the nursing practice of another by a licensed physician, dentist or registered professional nurse who may only occasionally be physically present; or joint development of a plan of care in advance by those individuals involved which will be implemented by others without the physical presence of a licensed physician, dentist, or registered professional nurse. In the latter situation, a licensed physician, dentist or registered professional nurse shall be available for consultation in the event circumstances arise that cause consultation to be necessary. The degree of direction needed shall be determined by evaluation of the patient care situation, and the educational preparation and demonstrated proficiency of others.
(xxiv) “Equivalent” means similar to or exceeding the necessary requirements as stated in these rules and regulations.
(xxv) “Faculty” means registered professional nurses who:
(A) Meet the criteria as stated in the established Standards For Nursing Education Programs; and
(B) Have been employed by the governing body for the purpose of administration, teaching, evaluation, guidance and research in nursing.
(xxvi) “Federal requirements” means Public Law 100-203, the Omnibus Budget Reconciliation Act of 1987 (OBRA 87); its amendments, and the regulations adopted pursuant thereto.
(xxvii) “Formal instruction” means an independent study, organized program, course, or other planned learning experience approved by the board, and which is directed or taught by the faculty of a board approved nursing education program.
(xxviii) “Full approval” means the status granted to a nursing education program that meets the criteria as stated in the established Standards For Nursing Education Programs.
(xxix) “Functions” of a nursing assistant/nurse aide means those limited tasks that a licensed nurse may legally delegate to a nursing assistant/nurse aide.
(xxx) “Governing body” means the agency or institution which has the authority to conduct a nursing education program, administer the program, assume responsibility for financial support, graduate students, and grant degrees or certificates to the graduates.
(xxxi) “Graduate temporary permit” means a current document permitting the supervised practice of nursing skills learned in a basic nursing assistant/nurse aide training program, a basic nursing education program, or an advanced nursing education program issued to those individuals who have met all the requirements for completion of a board approved nursing education program and who are scheduled to take a national nursing licensure/certification examination or a nursing assistant/nurse aide competency evaluation program for the first time.
(xxxii) “Graduate nursing assistant/nurse aide” means a nursing assistant/nurse aide who has successfully completed the basic nursing assistant/nurse aide training but:
(A) Has not taken the board approved examination; or
(B) Has taken the board approved examination and is waiting for test results;
and
(C) Is permitted to work only in a care unit where supervision by a licensed nurse is available.
(xxxiii) “Inactive status” means the license is not on active status and the licensee should not be currently engaged in the practice of nursing.
(xxxiv) “Jurisdiction” means the governmental authority for licensure and regulation of nurses within a specific geographic region and which allows reciprocity to other jurisdictions.
(xxxv) “May” means optional; not required.
(xxxvi) “Minimum competency” means that level of knowledge, skill and ability necessary to safely perform the job of a nursing assistant/nurse aide or to practice as a licensed nurse.
(xxxvii) “Misappropriation of property” means the patterned or deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a client’s belongings, money, assets, or property without consent.
(xxxviii) “National Council of State Boards of Nursing, Inc.” means a national nursing organization, comprised of individual jurisdictions, which acts on matters of common interest affecting nursing practice, and which develops and administers a national nursing licensure examination.
(xxxix) “National League for Nursing” means a nongovernmental accrediting agency which grants professional accreditation to nursing education programs that meet the criteria established by the agency; accreditation is sought voluntarily by nursing education programs.
(xl) “Neglect” means the failure to provide necessary goods, services, care, or attention to a client under the practitioners care.
(xli) “Nursing assistant/nurse aide training and competency evaluation program” means an approved training program designed to prepare the individual to perform nursing assistant/nurse aide functions, and the objective assessment of the competence of an individual who has received training to safely perform those functions.
(xlii) “Nursing assistant/nurse aide” means any individual, regardless of job title or care setting, to whom a licensed nurse may delegate nursing or nursing related activities; who provides nursing assistant/nurse aide services or nursing-related services; who assists licensed nursing personnel in the provision of nursing care; and who is not otherwise licensed as a health care professional. Nursing assistants/nurse aides must be certified.
(xliii) “Partners in Education” means licensed nurses who:
(A) Are recognized as preceptors, clinical teaching assistants, etc.; and
(B) Have been secured to provide adequate supervision of students taking into consideration the clinical site, level of student, type of clinical experience, agency participation as specified in the contract, course expectation, and the type of teaching required.
(xliv) “Practice of a Certified Nursing Assistant/Nurse Aide”, means the performance of delegated nursing related tasks and services by a person who has completed a specified course of study; has met minimum competency requirements; and is certified by the board.
(A) The services performed by the certified nursing assistant/nurse aide may be under the direction of a licensed physician, nurse, physical therapist, or other licensed health professional; and
(B) The services utilize common procedures leading to expected or predictable outcomes in the observation, care, health maintenance, and safety of individuals, families, and groups across the life span.
(xlv) “Predictable” means expected; foreseeable; anticipated; with reasonable assurance and accuracy.
(xlvi) “Provisional approval” means the initial status granted to a new nursing education program that meets the criteria as stated in the established Standards For Nursing Education Programs.
(xlvii) “Reactivation” means the process of removing a license from inactive status and placing the license on active status.
(xlviii) “Refresher course” means a planned nursing education program relating to basic review of current nursing practice, updating nursing theory and skills, and specifically planned for nurses who have not been actively employed in nursing and are preparing for reentry into nursing practice.
(xlix) “Reinstatement” means the process of reestablishing a license which has been suspended, revoked, conditioned, or surrendered.
(l) “Relicensure” means the process of reestablishing a license which has lapsed as a result of failure to renew.
(li) “Renewal license” means the certificate or registration card issued to a licensee after the licensee has met renewal of licensure requirements in that jurisdiction.
(lii) “Renewal period” means the period for renewal of licensure, certification, and recognition which is scheduled biennially.
(liii) “Respondent” means the person who is seeking licensure or who is licensed by the board and who has received notification from the board of an alleged violation of the Wyoming Nursing Practice Act or of board rules and regulations.
(liv) “Self-study” means a comprehensive report written by the administrative head and faculty of a nursing education program or nursing assistant/nurse aide training program, describing all aspects of the program pertaining to the criteria as stated in the established Standards For Nursing Education Programs or Nursing Assistant/Nurse Aide Training & Competency Evaluation Programs.
(lv) “Shall” means mandatory; required.
(lvi) “Site visit” means a planned visit by representatives of the board to the governing body for the purpose of program evaluation. When a site visit is deemed necessary by the board in conjunction with self-study, the purpose of the site visit will be to verify, clarify, and amplify information contained in the self-study.
(lvii) “Standard” means an authoritative statement by which the board can judge the quality of nursing education and nursing assistant/nurse aide training or nursing practice and nursing assistant/nurse aide functions and practice.
(lviii) “Satisfactory completion” means to complete the required course of study and clinical practicum; to pass the course examination with a score of at least 75%; and to successfully perform the required skills on the clinical skills checklist.
(lix) “State board approved program” means a basic nursing education program or nursing assistant/nurse aide training program which has met the minimum educational standards as prescribed by the appropriate jurisdiction.
(lx) “Supervision” means the immediate availability of a licensed physician, dentist or registered professional nurse in the same patient care unit to continually observe, assist, coordinate and evaluate in person the practice of another.
(lxi) “Temporary permit” means a nonrenewable, nontransferable document permitting the practice of nursing as an advanced practitioner of nursing, registered professional nurse, licensed practical nurse, or certified nursing assistant/nurse aide for a limited period of time.
(lxii) “Transcript” means an official document from the governing body which indicates the date of completion of the nursing education program, certificate or degree awarded, the official seal of the governing body, and evidence of program requirements.
(a) The Board shall meet at least once every six (6) months to transact its business. One (1) meeting shall be designated as the annual meeting for the purpose of electing officers, establishing dates of board meetings for the coming year, and board reorganization and planning. The Board may meet at other times as it may deem necessary to transact its business.
(b) Notice of board meetings shall be given to any person who requests such notice. The notice shall specify the time and place of the meeting and the business to be transacted. A notice of each meeting will be filed in the Governor’s office ten (10) days prior to a scheduled board meeting.
(c) All meetings shall be open to the public; the board may conduct executive sessions in accordance with W.S. 16-4-405.
(d) A written record shall be kept of all meetings, and such records shall be retained as the permanent record of the transactions of the board.
(e) A majority of the board members, including the president or vice-president and one (1) licensed practical nurse, constitutes a quorum. The act of the majority of members present at a meeting, which includes a quorum, shall be the act of the board of nursing.