SENATE BILL NO. 271
INTRODUCED BY K. TOOLE
A BILL FOR AN ACT ENTITLED: "AN ACT DELETING THE REQUIREMENT FOR COMPENSATION FROM THE STATEMENT OF PURPOSE AND DEFINITIONS APPLICABLE TO STATUTES REGULATING THE PRACTICE OF NURSING; AND AMENDING SECTIONS 37-8-101 AND 37-8-102, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-8-101, MCA, is amended to read:
"37-8-101. Purpose. (1) In order to safeguard life and health, any person practicing or offering to practice professional
nursing in this state for compensation or personal gain shall be required to shall submit evidence that he or she the person is
qualified to practice and shall must be licensed as hereinafter provided in this chapter.
(2) In order to safeguard life and health, any person practicing or offering to practice practical nursing in this state for
compensation or personal gain shall be required to shall submit evidence that he or she the person is qualified to practice
and shall must be licensed as hereinafter provided in this chapter."
Section 2. Section 37-8-102, MCA, is amended to read:
"37-8-102. Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply:
(1) "Advanced practice registered nurse" means a registered professional nurse who has completed educational requirements related to the nurse's specific practice role, in addition to basic nursing education, as specified by the board pursuant to 37-8-202(5)(a).
(2) "Board" means the board of nursing provided for in 2-15-1844.
(3) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.
(4) "Nursing education program" means any board-approved school that prepares graduates for initial licensure under this chapter. Nursing education programs for:
(a) professional nursing may be a department, school, division, or other administrative unit in a senior or junior college or university;
(b) practical nursing may be a department, school, division, or other administrative unit in a vocational-technical institution or junior college.
(5) "Practice of nursing" embraces two classes of nursing service and activity, as follows:
(a) "Practice of practical nursing" means the performance for compensation of services requiring basic knowledge of the
biological, physical, behavioral, psychological, and sociological sciences and of nursing procedures. Practical nursing
practice uses standardized procedures in the observation and care of the ill, injured, and infirm;, in the maintenance of
health;, in action to safeguard life and health;, and in the administration of medications and treatments prescribed by a
physician, advanced practice registered nurse, dentist, osteopath, or podiatrist authorized by state law to prescribe
medications and treatments. These services are performed under the supervision of a registered nurse or a physician,
dentist, osteopath, or podiatrist authorized by state law to prescribe medications and treatments. These services may include
a charge-nurse capacity in a long-term care facility that provides skilled nursing care or intermediate nursing care, as
defined in 50-5-101, under the general supervision of a registered nurse.
(b) "Practice of professional nursing" means the performance for compensation of services requiring substantial
specialized knowledge of the biological, physical, behavioral, psychological, and sociological sciences and of nursing
theory as a basis for the nursing process. The nursing process is the assessment, nursing analysis, planning, nursing
intervention, and evaluation in the promotion and maintenance of health;, the prevention, casefinding, and management of
illness, injury, or infirmity;, and the restoration of optimum function. The term also includes administration, teaching,
counseling, supervision, delegation, and evaluation of nursing practice and the administration of medications and
treatments prescribed by physicians, advanced practice registered nurses, dentists, osteopaths, or podiatrists authorized by
state law to prescribe medications and treatments. Each registered nurse is directly accountable and responsible to the
consumer for the quality of nursing care rendered. As used in this subsection (5)(b):
(i) "nursing analysis" is the identification of those client problems for which nursing care is indicated and may include referral to medical or community resources;
(ii) "nursing intervention" is the implementation of a plan of nursing care necessary to accomplish defined goals."
NEW SECTION. Section 3. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before October 1, 2001.
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Latest Version of SB 271 (SB0271.01)
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