On June 30, 2020, Governor Jared Polis signed HB20-1216 Sunset Continue Nurse Practice Act. The new law went into effect on July 1, 2020, and continues the activities of the State Board of Nursing (Board) and the regulation of nurses through September 1, 2027. The new law makes significant changes, and combines the Nurse Practice Act with the Certified Nurse Aide Practice Act to form the new Nurse and Nurse Aide Practice Act. To see the bill summary and other information, please visit https://dpo.colorado.gov/Legislation2020.
One of the new changes allows the State Board of Nursing to enter into a confidential agreement with a licensee when a licensee chooses to report a physical illness, physical condition, or behavioral or mental health disorder that may affect the licensee’s ability to practice safely. DORA held a webinar on August 24, 2020, to help licensees better understand this new regulatory tool. The webinar recording is also available at https://dpo.colorado.gov/Legislation2020.
In response to the many questions received about the new law, DORA also posted the following FAQ at https://dpo.colorado.gov/Legislation2020. Please direct any additional questions to dora_nursingboard@state.co.us.
HB 1216 – Sunset Regulation Nursing FAQ
Q. Will the regulation of nurses, nurse aides, and the State Board of Nursing continue?
A: Yes. HB20-1216 continues the activities of the State Board of Nursing (Board) and the regulation of nurses and nurse aides through September 1, 2027.
Q. Will there still be a Nurse Practice Act and a separate Nurse Aide Practice Act?
A: No. Provisions related to certified nurse aides were combined with the Nurse Practice Act. There is now one Nurse and Nurse Aide Practice Act.
Q. What is a confidential agreement and how does it work?
A: The new law now allows the State Board of Nursing to enter into a confidential agreement with a licensee when a licensee chooses to report a physical illness, physical condition, or behavioral or mental health disorder that may affect the licensee’s ability to practice safely. In order to request a confidential agreement, the licensee must report the specific condition to the Board in compliance with rules that will be adopted by the Board. Once the Board reviews the information related to the licensee’s condition, the Board may enter into an agreement with the licensee to limit the licensee’s practice in a way that ensures patient safety. If the licensee agrees to the terms of the confidential agreement, the licensee’s physical illness, physical condition, or behavioral or mental health disorder will be kept confidential by the Board. So long as the licensee is in compliance with the terms of the confidential agreement, the licensee’s physical illness, physical condition, or behavioral or mental health disorder, in and of itself, will not be considered grounds for discipline. Confidential agreements are handled on a case-by-case basis and terms vary based on each licensee’s condition.
Q. Is the Articulated Plan still required in order to obtain prescriptive authority?
A: No, the Colorado Legislature repealed the Articulated Plan requirement.
Q. If I’m currently seeking my prescriptive authority and already started accruing my mentorship hours, do I need to keep my Articulated Plan in place?
A: No, the Articulated Plan is no longer a requirement for obtaining prescriptive authority.
Q. Has the number of mentorship hours required to obtain prescriptive authority changed?
A: Yes, the required mentorship hours were reduced from 1,000 hours to 750 hours.
Q. If I have more than 750 accrued mentorship hours, what should I do?
A: If you have completed at least 750 hours, you have fulfilled the mentorship requirement for prescriptive authority. You may stop accruing more mentorship hours.
Q. If I started accruing mentorship hours before the new law went into effect, do I need 750 or 1000 hours?
A: Any APRN seeking prescriptive authority must complete 750 mentorship hours before applying, regardless of when the individual started accruing the hours.
Q. Why did the title “advanced practice nurse” change to “advanced practice registered nurse?”
A: Industry standards now include the term “registered” and “advanced practice nurse” is antiquated language.
Q. Am I required to change my letterhead, marketing materials or business signage to reflect the change to APRN?
A: Under the new law, only licensed APRNs can use the term or acronym. Therefore, APRNs should make changes to their marketing materials and business signage as soon as practicable in order to reduce any consumer confusion.
Colorado Nurses Association President…