Ala. Admin. Code r. 610-X-4-.16 - Special Circumstances
Current through Register Vol. 40, No. 6, March 31, 2022
(1) In
the event the Governor proclaims a state of emergency impacting any part of
Alabama, Code of Ala. 1975 Section
34-21-6 applies for the first
thirty (30) days. An individual licensed to practice as a registered nurse or
licensed practical nurse in another state may provide emergency assistance in
Alabama for up to thirty (30) days subject to verification of licensure in the
state where licensed, provided that the nurse has successfully passed the board
selected nurse licensure examination required for licensure in Alabama. Any
organization or individual who provides employment or volunteer opportunities
for the licensed nurse providing nursing services is responsible to ensure the
validity of the nursing license.
(2) Should an emergency continue past thirty
days, a temporary permit to practice as a registered nurse or licensed
practical nurse in Alabama for ninety (90) days is required. An application for
an emergency temporary permit to practice as a registered nurse or licensed
practical nurse is required to be submitted to the Board electronically.
Applicants for temporary permits are required to demonstrate that they have
successfully completed the board selected nurse licensure examination required
for licensure in Alabama.
(3) In
the event of a state or nationally declared emergency in a jurisdiction outside
Alabama, any individual licensed in the jurisdiction where the emergency
occurred may apply electronically for a Disaster Temporary Permit to practice
as a registered nurse or licensed practical nurse in Alabama in the manner
prescribed by the Board. The Disaster Temporary Permit shall be valid for not
more than ninety (90) days. Applicants for disaster temporary permits are
required to demonstrate that they have successfully completed the board
selected nurse licensure examination required for licensure in
Alabama.
(4) Any individual
licensed to practice as a registered nurse or licensed practical nurse in
another state is required to have an Alabama license if educational or
consultative services extend beyond 30 calendar days in one year, unless the
individual holds a valid multistate license issued by a party state other than
Alabama.
(a) Providing nursing care at a camp
in Alabama for longer than seven (7) days within a calendar year requires a
license to practice nursing in Alabama.
(b) Providing nursing care to and
accompanying students from another state to Alabama for longer than seven (7)
days within a calendar year requires a license to practice nursing in Alabama,
unless the individual holds a valid multistate license issued by a party state
other than Alabama.
(c) Providing
preparational services for an out of state organ transplant team is considered
consultative services for the purposes of this rule.
(d) Gratuitous Vaccine Administration with a
Retired, Iactive, or Lapsed License
1. Any
individual holding an Alabama nursing license in a "retired," "inactive" or
"lapsed" status may administer vaccines in Alabama without compensation during
a declared state or national pandemic, provided that the license is otherwise
in good standing, has not been revoked or voluntarily surrendered, and was not
encumbered at the time the license became retired, inactive or lapsed. A nurse
so qualified is authorized to administer vaccines necessitated by the public
health emergency. A nurse so qualified may administer authorized vaccines via
the following routes of administration: oral intranasal, and subcutaneous,
intradermal, or intramuscular injections, pursuant to a valid order or
prescription by a legally authorized prescriber. Gratuitous vaccine
administration is restricted to practice without compensation and does not
include any other practice or nursing for compensation.
2. Any entity that seek a utilize the
gratuitous vaccine administration services authorized in this section shall
first verify licensure status of the nurse in every jurisdiction where the
nurse holds or has held a registered nurse or where the nurse holds or has held
a registered nurse or licensed practical or vocational nurse license. The
nurse:
(i) Must not have had a nursing license
revoked or voluntarily surrendered in any state, territory, or
country.
(ii) Must not have had a
suspended, probated, or otherwise emcumbered license immediately prior to the
time the license became lapsed, inactive, or retired.
(5) Telephonic or
electronic services used to communicate with patients and provide direction
regarding nursing and medical care require an active license to practice
nursing in Alabama, or a valid multistate RN or LPN license issued by a party
state other than Alabama, or a valid multistate RN or LPN license issued by a
party state other than Alabama.
(6)
A licensed nurse who retires or ceases nursing practice for any reason and has
no intention to practice in the future may apply to the Board for an inactive
license with a "retired" status.
(a) The
license will remain inactive unless the licensee reactivates the
license.
(b) Continuing education
is not required to maintain an inactive license.
(c) In order to reactivate an inactive
license, the applicant shall submit an electronic application, pay the required
fees, and submit 24 contact hours of continuing education earned within two
years of the date of the application.
(d) A nurse currently participating in the
Voluntary Disciplinary Alternative Program or holding licenses currently
encumbered pursuant to discipline by the Board shall not be eligible to
inactivate or retire the license.
(e) If an applicant or an inactive license is
currently the subject of an investigation or a pending disciplinary proceeding
with the Board, the nurse shall not be eligible to inactivate or retire the
license.
(7) In the
event of a national emergency duly declared by federal officials, or in the
event of a natural disaster or state of emergency duly proclaimed by the
Governor, a certified registered nurse practitioner or certified nurse midwife
may provide emergency treatment without immediate physician collaboration to
patients within the affected areas of the state, provided that the treatment is
within the individual's scope of education, training, and approved protocol.
The certified registered nurse practitioner or certified nurse midwife in such
circumstance shall make reasonable efforts to inform the collaborating
physician of the location and type of emergency services being provided and
shall act in conformance with the direction of local physicians. The authority
granted under this paragraph shall extend only for the duration of the declared
national emergency or state emergency or natural disaster.
(8) In the event that a licensed healthcare
facility activates its emergency operation plan in response to a public health
emergency, a licensed nurse or advanced practice nurse may act within such
alternative standards of care delivery as are authorized by the Governor's
Proclamation and alternative standards and scope of practice as are provided in
the emergency operations plan, provided that any such practice is within the
scope of practice, education, training, and national certification of the
licensed nurse or advanced practice nurse and congruent with any limits imposed
in the Code of Alabama and not addressed by the Governor's Proclamation. A
certified registered nurse practitioner or certified nurse midwife may provide
emergency treatment without immediate physician collaboration to patients
within the affected areas of the public health emergency, provided that the
treatment is within the individual's scope of education, training, and approved
protocol. The certified registered nurse practitioner or certified nurse
midwife in such circumstance shall make reasonable efforts to inform the
collaborating physician of the location and type of emergency services being
provided and shall act in conformance with the direction of local physicians.
The authorization provided in this section shall be effective only for the
duration of time during which the Governor's Proclamation and emergency
operation plan are active.
(9) In
the event that a licensed healthcare facility activates its emergency operation
plan in response to a community disaster, a licensed nurse or advanced practice
nurse may act within such alternative clinical models or clinical department
utilization as are provided in the emergency operations plan, provided that any
such practice is within the scope of practice, education, training, and
national certification of the licensed nurse or advanced practice nurse and
congruent with any limits imposed in the Code of Alabama. A certified
registered nurse practitioner or certified nurse midwife may provide emergency
treatment without immediate physician collaboration to patients within the
affected areas of the community disaster, provided that the treatment is within
the individual's scope of education, training, and approved protocol. The
certified registered nurse practitioner or certified nurse midwife in such
circumstance shall make reasonable efforts to inform the collaborating
physician of the location and type of emergency services being provided and
shall act in conformance with the direction of local physicians. The
authorization provided in this section shall be effective only for the duration
of time during which the emergency operation plan is active.
(10) Any applicant for initial licensure who
possesses an active, unencumbered license in another state and who is the
eligible spouse of a service member, as defined in Section
31-1-6, Code of Ala.
1975, shall:
(a) Be eligible to
apply for a service member spouse temporary permit, which shall be valid for
180 days.
(b) Be exempt from
payment of the initial licensure fee provided for in Section
610-X-4-.14 of these
rules.
(c) The applicant is
required to substantiate his or her eligibility by providing the following:
1. A marriage certificate substantiating
marriage to the service member.
2.
The active or reserve service member's official military orders, the
transitioning service member's DD Form 214 or NGB Form 22, or the deceased
service member's DD Form 214 or NGB Form 22 and death certificate.
(11) Any applicant for
initial approval as a certified registered nurse anesthetist or clinical nurse
specialist, or any applicant for an initial certificate of qualification as a
certified registered nurse practitioner or certified nurse midwife, who is
approved to practice advanced practice nursing in another state and is the
eligible spouse of a service member, as defined in Section
31-1-6, Code of Ala.
1975, shall:
(a) Be eligible to
apply for service member spouse temporary advanced practice approval, which
shall be valid for 180 days.
(b) Be
exempt from payment of the initial advanced practice approval or certificate of
qualification fee provided for in Section
610-X-4-.14 of these
rules.
(c) The applicant is
required to substantiate his or her eligibility by providing the following:
1. A marriage certificate substantiating
marriage to the service member.
2.
The active or reserve service member's official military orders, the
transitioning service member's DD Form 214 or NGB Form 22, or the deceased
service member's DD Form 214 or NGB Form 22 and death certificate.
Notes
Author: Alabama Board of Nursing
Statutory Authority: Code of Ala. 1975, ยง 34-21-6.
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