The House of Representatives has introduced ‘The American Samoa Nurse Practice Act’ to regulate the practice of nursing. The Act calls for a territorial Board of Nursing, which would license nurses, establish standards for nursing practice and nursing education programs.

The Act includes the adoption of administrative rules to implement this Act, and describes penalties for violation of the provisions of the Act.

Introduced in the House on Tuesday, the measure is sponsored by faipules, Vesi Talalelei Fautanu, Fetu Fetu Jr, Pulelei’ite Li’amatua Jr, Vui Florence Vaili Saulo and Fagaoatua Dorian Salave’a.

A full copy of the proposed measure can be found online at www.samoanews.com

THE AMERICAN SAMOA NURSE PRACTICE ACT

The focus of the bill, according to the proposed measure, is to establish a Board of Nursing, which will establish what the required education and training, consistent with professional standards for a Registered Nurse’s education is, including demonstrated competencies and experience.

Under the Act, the Nursing Board would have the authority to grant temporary permits for qualified applicants for License qualified applicants for RN, LPN/VN and APRN licensure and regulate their practice.

Further the Board can certify and regulate unlicensed assistive personnel (UAP), including certified nursing assistants (CNAs), community health assistants (CHA) and certified clinical hemodialysis technicians (CCHT).

The Board would be responsible for the interpretation and enforcement of the provisions of this Act and have all of the duties, powers and authority specifically granted by the necessary enforcement of this Act, as well as other duties, powers and authority as it may be granted by appropriate statute.

It is required to set standards for the establishment and outcome of pre-licensure nursing education programs, including clinical learning experiences, and approve such programs that meet the requirements of this Act and the Board’s rules.

The Nursing Board has the authority to revoke a license and place a license on probation and on suspension.

It would also be able to prosecute alleged violations of this Act.

Further, according to the proposed measure, the Board can establish alternative programs for monitoring of nurses who agree to seek treatment of substance use disorders, mental health or physical health conditions that could lead to disciplinary action by the Board, as established by rule.

It would also have the power to discipline nurses for violation of any provision of this act.

The Board is required to submit an annual report to the Governor summarizing the Board’s proceedings and activities.

It is also responsible to maintain membership in national organizations that develop national licensure examinations.

The Board of Nursing is to consist of seven members to be appointed by the Governor including two members from the public. All the members are required to be residents of the territory and each member of the board shall be appointed for a term of four years.

The bill also notes that no member shall serve more than two consecutive full terms. The board’s duties shall include developing guidelines to assist board members in the evaluation of possible conflicts of interests.

The bill also notes that the governor may remove any member from the Board for neglecting of any duty required by law, for incompetence, or for unprofessional or dishonorable conduct.

“Each nurse is required to know and comply with the requirements of this Act and related rules. All individuals licensed or privileged under this Act shall be responsible and accountable for making decisions that are based upon the individuals’ educational preparation and experience in nursing and shall practice nursing with reasonable skill and safety,” the Act states.

The Board “may discipline a licensee for non-compliance with federal, jurisdiction or contractual requirements; criminal conviction, or adjudication in any jurisdiction included, but not limited to being convicted of, pleading guilty to, entering a plea of no contest to, or receiving a deferred judgment or suspended sentence; confidentiality, patient privacy, consent or disclosure violations; misconduct or abuse; fraud, deception or misrepresentation; unsafe practice, substandard care or unprofessional conduct; improper supervision or allowing unlicensed practice; drug related offenses; or other violations of the Act or administrative rules adopted thereunder.”

The proposed measure amongst other things says that the presence of 4/ 5 of all members of the Board is necessary to constitute a quorum for the transaction of any business, and a majority vote of those present is necessary to determine any issue.