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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 163
H.P. 843 - L.D. 1225

An Act To Amend and Update Laws Regulating the Practice of Nursing

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 32 MRSA §2103, sub-§2, as amended by PL 2001, c. 260, Pt. D, §1, is further amended to read:

     2. Students. The practice of nursing that is an integral part of a program by students enrolled in board-approved nursing education programs leading to initial licensure, and or the practice of nursing by graduates of board-approved programs pending the results of the first licensing examination for which they are eligible following graduation who are participating in a structured orientation program specifically designed for graduates of board-approved nursing programs as defined by the board, if they practice under on-site delegation and supervision of a registered professional nurse and only in the practice setting. The board may, by rule or by policy, define what constitutes supervision and a practice setting;

     Sec. 2. 32 MRSA §2103, sub-§7, as enacted by PL 2003, c. 204, Pt. H, §4, is amended to read:

     7. Nursing services by successful candidates of the National Council of State Boards of Nursing, Inc.'s National Council Licensure Examination pending receipt of United States social security number. The practice of nursing for a period not to exceed 90 days by an applicant for licensure as a registered professional nurse or practical nurse who has passed the National Council of State Boards of Nursing, Inc.'s National Council's Learning Extension licensure examination Council Licensure Examination and has met all requirements for licensure except obtaining a United States social security number, as required by Title 36, section 175.

     Sec. 3. 32 MRSA §2153-A, last paragraph, as repealed and replaced by PL 1995, c. 625, Pt. A, §38, is repealed.

     Sec. 4. 32 MRSA §2153-B is enacted to read:

§2153-B. Liaison; limitations

     The Commissioner of Professional and Financial Regulation shall act as a liaison between the board and the Governor. The commissioner may not exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted by statute to the board. The commissioner may require the board to be accessible to the public for complaints and questions during regular business hours and to provide any information the commissioner requires in order to ensure that the board is operating administratively within the requirements of this chapter.

     Sec. 5. 32 MRSA §2203 is repealed.

     Sec. 6. 32 MRSA §2207, sub-§2, as amended by PL 1993, c. 600, Pt. A, §130, is further amended to read:

     2. Reexamination. For reexamination, a fee to be determined by the board based on the number of areas to be covered and not to exceed $100; and

     Sec. 7. 32 MRSA §2252, as amended by PL 1991, c. 153, §3 and affected by §5, is further amended to read:

§2252. License; examination

     The applicant is required to pass a written examination in subjects deemed considered necessary by the board to determine the fitness of the applicant to practice practical nursing. Each written examination may be supplemented by an oral or practical examination. Upon the applicant's successfully passing the examination, the board shall issue to the applicant a license to practice as a licensed practical nurse, that license to be in force for a period of at least one year until the birth date of the licensee. The initial license is renewable as provided in section 2255.

Effective September 17, 2005.

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