La. Admin. Code tit. 46 § XLVII-3335

Current through Register Vol. 50, No. 6, June 20, 2024

Section XLVII-3335 - Continuing Education-Nursing Practice

A. Authority of the Louisiana State Board of Nursing (board). The board derives its authority to establish the requirement for evidence of activities which contribute to continued competence for relicensure to practice as a RN from R.S. 37:911, R.S. 37:918(4) and (12), and R.S. 37:920.E (1), (2), and (4).

B. Definitions for the Purposes of §3335

Accredited Post Secondary Institution-a degree granting institution that conducts a program preparing registered nurses and awards degrees at any or all of the following levels: associates, bachelors, masters, and doctoral, and which is accredited by a nationally recognized accrediting body.

Approved Offering-a continuing education offering provided by an approved provider.

Approved Provider-individual, partnership, corporation, association, organization, organized health care system, educational institution, or governmental agency which has been approved by the board, accredited by the American Nurses Credentialing Center's Commission on Accreditation (ANCC), or approved to provide nursing continuing education by an ANCC accredited approver.

Board-Approved Contact Hours-contact hours which have been approved by the board or through the ANCC.

Clinical Competence-the possession and use of professional knowledge and skills in relation to direct patient/client care.

Certifying Body-an agency qualified to evaluate an individual, an institution, or an educational program and attesting that certain predetermined standards for safe and ethical practice of the profession or service are met.

Competence-the possession of professional knowledge and skills necessary to practice or function at the legally qualified level.

Contact Hour-a unit of measurement that describes 60 minutes of participation in an educational activity which meets the board's continuing education criteria.

Continued Competence-the possession and maintenance of current professional knowledge and skills.

Continuing Education-a planned educational activity designed to update the knowledge and skills of the participant, beyond the entry level, or to prepare for practice in a different area of nursing.

Continuing Education Activities-

a.Course-an intense, planned educational activity, presented over time, which includes content related to a specific subject for which academic credit or contact hours are awarded.

b.Offering-a continuing education activity of short duration for which a minimum of one contact hour is awarded.

c.Program-a series of offerings with a common theme and common overall goals. Offerings may occur consecutively or concurrently.

Criterion-a standard, rule, or test by which something can be judged, measured, or valued.

Current-occurring in the present time; contemporary.

Documentation of Nursing Practice-the presence of written evidence of nursing practice.

Examination-an exercise designed to evaluate progress, qualifications, or knowledge.

Full-Time Nursing Practice-a minimum of 1,600 hours, per year, of employment as a registered nurse or full-time equivalency requirements set forth by the employer. For self-employed, home health, and contract nurses, a minimum of 1,600 documented nursing practice hours, exclusive of travel, per calendar year, is accepted as full-time employment. Documentation of practice hours shall include paycheck stubs and a log record of actual hours worked.

Inactive Licensure Status-is recorded when the RN requests inactive licensure status rather than renew a current RN license.

Lapsed License-delinquent licensure status due to failure to renew or to request inactive licensure status.

Inactive Licensure Status-is recorded when the RN submits an application that is approved to inactivate a current RN license or is recorded when an individual declares another compact state, other than Louisiana, as the primary state of residence and holds an active multistate license in that other compact state with no discipline on the privilege to practice.

National Council Licensure Examination for Registered Nurses (NCLEX-RN) the examination approved by the board and administered to measure competency for initial licensure as a registered nurse.

Nursing Practice-the performance, with or without compensation, by an individual licensed by the board or otherwise formally educated as a registered nurse, of functions requiring specialized knowledge and skill derived from the biological, physical, and behavioral sciences [Nurse Practice Act, R.S. 37:913 (13) and (14)], which includes, but is not limited to, direct patient care, supervision, teaching, administration, consulting, quality assurance, and other positions which require use of nursing knowledge, judgment, and skill.

Part Time Nursing Practice-Repealed.

Practice Hour-60 minutes of nursing practice.

Refresher Course-instruction designed to update professional knowledge and skills to the legally qualified level.

Requirement-something needed or demanded by virtue of a law, regulation, etc.

C. Continuing Education Nursing Practice Requirements. Registered nurses are required to meet the continuing education nursing practice requirements for relicensure and to certify compliance on the application for relicensure. The following options are available to fulfill these requirements.

1. License Renewal. For RN licensure renewal the applicant shall be in compliance with one of the following:

a. a minimum of 30 board-approved contact hours of continuing education during the two-year licensure period; or

b. a minimum of 900 practice hours during the two-year licensure period as verified by the employer on a form provided by the board; or

c. initial RN licensure by examination or by endorsement during the previous calendar year; or

d. current certification in a specialty area of nursing by a certifying body whose requirements have been approved by the board as being equivalent to or exceeding the above requirements.

2. Exceptions. A licensee may request an exemption, on the license renewal application, supported with documentation, from the continuing education/nursing practice requirements, or for an extension of time within which to fulfill the requirements, for one of the following reasons.

a. The licensee is requesting inactive status for the license. In this case, the requirements apply when the licensee seeks to reactivate the license.

b. The licensee served on active duty in the armed forces for a minimum of six months during the licensure period.

c. The licensee has been unable to work due to a physical or mental disability for 2/3 of the most recent audit period and submits medical evidence of readiness or ability to return to work.

d. The individual is currently enrolled as a bona fide student in a board-approved refresher course.

e. The individual presents evidence of an emergency or extenuating circumstances. At the time of filing an application for relicensure based on an exception, the licensee shall attach documentation of the exception.

3. Penalty for Non-Compliance

a. Initial, first-time failure to comply with continuing education requirements will result in a warning and may prohibit the licensee from renewing the license if the required CE documents are not provided.

b. Subsequent failure(s) to comply with continuing education requirements shall result in disciplinary action.

c. Falsification of data on the renewal or audit forms may result in disciplinary action.

D. Reinstatement of License

1. For reinstatement of a license which has lapsed, been suspended, has been inactive, or has been retired, for less than four years, the applicant shall provide documentation of a minimum of 15 board-approved contact hours of continuing education for each year of inactive licensure status, or current licensure in another state and compliance with §3335.C l

2. For reinstatement of a license which has lapsed, been suspended, or has been inactive for four years or more and the applicant has not been actively engaged in the practice of nursing in another jurisdiction, the applicant shall provide documentation of one of the following:

a. completion of a board-approved refresher course consisting of a minimum of 160 hours of instructor planned, supervised instruction, including theory and clinical practice; or

b. enrollment and completion of a bonafide nursing course in an approved school, which consists of a minimum of 160 hours of instructor planned, supervised instruction, including theory and clinical practice, in lieu of a refresher course; or

c. individualized remediation as determined by the board including an assessment of needs, a program of study designed to meet these needs, and an evaluation of the learning outcomes of the program. Such program shall be sponsored by an approved provider in an accredited post-secondary educational institution whose faculty hold masters degrees in nursing; or

d. successful completion of the NCLEX-RN examination during the current or previous calendar year. (Licensees who choose the option of taking the NCLEX-RN shall complete the required application, pay the established fee, and follow the current process for testing.).

3. Public Health Emergency Exception

a. During a public health emergency, the board may waive the requirements for continuing education in 3335.D.1-2 for reinstatement of any RN license which has lapsed, has been inactive, or has been retired.

b. Any license reinstated under this provision shall meet the continuing education requirements to maintain licensure after the public health emergency has diminished as determined by the board.

E. Continuing Education Activities. Continuing education course credit may be given for the following continuing education activities. Contact hours may be awarded for the following:

1. continuing education activities that meet the criteria for content of continuing education as specified in §3335. F and which are offered by approved providers as specified in §3335. G or H;

2. academic courses in an accredited post secondary institution which are related to specific knowledge and/or technical skills required for the practice of nursing as specified in §3335. F and, §4507. A.3 and E.2, or which lead to an advanced degree in nursing or to a certificate in advanced nursing practice, with continuing education credit calculated as follows:

a. academic credits leading to a Bachelor of Science Degree in Nursing (BSN), acquired post licensure as a registered nurse, shall be applicable toward meeting the continuing education requirements for relicensure for a maximum of four consecutive years;

b. academic courses recorded as an audit, credit examination, or registration for thesis or dissertation shall not apply toward meeting the continuing education requirements or relicensure;

c. contact hours shall be calculated from credit hours as follows:

i. quarter hours. One credit hour equals 10 contact hours;

ii. trimester hours. One credit hour equals 12 contact hours;

iii. semester hours. One credit hour equals 15 contact hours;

3. program, courses or independent study offerings which have been approved for voluntary or mandatory continuing education by other boards of nursing, the ANCC approval process, or specialty nursing organizations which have equivalent approval criteria;

4. review courses for certification in an approved area, such as ACLS, PALS, or advanced IV therapy, etc, provided they meet the criteria for approved offerings; and

5. other continuing education activities as approved or accepted by the board at its sole discretion;

6. presenting a total continuing education activity shall not be considered continuing education for the presenter. Instructors who present part of a continuing education activity may receive a certificate and credit if the total activity is attended;

7. there is no limit on the number of contact hours that may be earned through independent study.

F. Content of Continuing Education Activities. The following areas are acceptable subject matter to fulfill continuing education requirements for relicensure in Louisiana:

1. nursing practice topics related to counseling, teaching, or care of clients in any setting;

2. sciences upon which nursing practice, nursing education, and nursing research are based, e.g., nursing theories; biological, physical, and behavioral sciences; and advanced nursing in general or specialty areas;

3. professional, social, economic, spiritual, and ethical/legal aspects of nursing; and

4. nursing management, nursing administration, or nursing education.

G. Criteria for Approved Providers. Continuing education providers may be designated by the board as Approved Providers upon showing evidence of meeting the following criteria:

1. have a consistent, identifiable authority, who has the overall responsibility for the operation of the Nursing Continuing Education Provider Unit;

2. have a continuing education nurse planner with a BSN or higher degree and an active RN license who:

a. has the overall responsibility for planning, implementing, and evaluating the continuing education activity; and

b. accepts full responsibility to ensure that all nursing continuing education activities meet the board's criteria specified in §3335 H, and including, but not limited to: determining content specified in §3335 F, selecting faculty presenters with expertise in the content area, advertising, issuing certificates, and keeping records;

3. document registered nurse, including RN consumer, participation in the planning and implementation of nursing continuing education activities for which nursing contact hours are awarded. The Nursing Continuing Education Planning Committee shall include, at a minimum, the nurse planner and at least one other registered nurse;

4. utilize a program plan which includes a statement of purpose, measurable educational objectives, outline of content, teaching methodology, contact time for each objective, and an evaluation of the attainment of the objectives and of the overall effectiveness of the offering;

5. develop an overall provider unit annual evaluation plan;

6. participate in a board site visit to validate compliance with provider criteria;

7. maintain participant and program records for a minimum of five years. The record storage system assures confidentiality and allows for retrieval of essential information for each offering including:

a. title of offering;

b. names and addresses of participants and number of contact hours awarded to each;

c. names and titles of planning committee members;

d. name, title, and curriculum vita for each faculty member;

e. starting and ending dates;

f. name and address of facility where offering is held;

g. program plan as specified in §3335. G 4;

h. description of target audience;

i. number of contact hours awarded for the offering;

j. summary of participants' evaluation; and

k. copy of any co-providership agreement, if applicable;

8. provide notification of the availability of each continuing education activity as specified in §3335. H.1.d The board-approved provider number shall be included on all advertising materials and certificates. A copy of each brochure/flyer shall be mailed to the board prior to implementation of the continuing education activity;

9. evidence of accreditation/approval as a provider unit through the ANCC may be submitted in lieu of evidence of meeting the above criteria. Providers approved through the ANCC are recognized by the board as approved providers of nursing continuing education;

10. initial application for Continuing Education Provider Approval:

a. an application, on a form supplied by the board, shall be filed, with the required fee, at least six months in advance of the intent to implement the approved provider mode of operation;

b. submit applications for three proposed continuing education activities; if approved, a provider number will be issued for the first three programs as a condition of the process to become approved to be a continuing education provider;

c. fees payable upon submission of an application for total initial provider unit review are $800 for two years, with $100 being non-refundable. The fees for individual continuing education activity approval for the first three programs in preparation to be a provider are $75 (non-refundable) plus $10 for each contact hour of instruction, up to a maximum of $700. A fee of 25 percent of the original fee, with a minimum of $30, is payable for an extension of the approved status;

11. application for Continuing Education Provider Reapproval:

a. an application, on a form supplied by the board, shall be filed with the board, at least 90 calendar days prior to the expiration of approval;

b. should an approved provider status expire, no contact hours shall be awarded for nursing continuing education during the interim period of the expiration date and the date of reapproval of the board-approved provider status;

c. fees payable upon submission of an application for total provider unit review for re-approval are $800 for two years or $1,600 for four years, with $100 being non-refundable.

H. Individual Continuing Education Activities

1. Agencies or individuals that intend to seek provider approval shall file a preliminary application for board-approved-provider status and submit the required fee. Individual offerings will only be approved as a pre-requisite for provider status. Upon showing evidence of meeting the following criteria, the continuing education activity may be approved by the board, for a period of one year:

a. have a consistent, identifiable authority who has the overall responsibility for the execution of educational offerings;

b. have a continuing education nurse planner with a BSN or higher degree and an active RN license who:

i. has the overall responsibility for planning, implementing, and evaluating the nursing continuing education activity;

ii. accepts full responsibility for the continuing education activity, including, but not limited to:

(a). determining content as specified in §3335 F;

(b). selecting faculty presenters with expertise in the content area;

(c). advertising;

(d). issuing certificates; and

(e). keeping records;

iii. have a nursing continuing education planning committee, including at a minimum, the nurse planner and at least one other registered nurse;

iv. the continuing education activity utilizes principles of adult education that includes:

(a). a philosophy and/or mission of continuing education;

(b). a statement of purpose;

(c). selection of a teaching faculty with expertise in the subject matter that includes registered nurses and/or others with expertise in the nursing related subject matter;

(d). measurable educational objectives;

(e). topical outline of content;

(f). teaching methodology;

(g). contact time appropriate for the content and the objective; and

(h). an evaluation form that includes: attainment of each objective, effectiveness of the speaker(s) and methodology, appropriateness of facilities, relevance of the content to the objectives, and the overall effectiveness of the continuing education activity;

c. maintain participant and program records for a minimum of five years. The record storage system shall maintain confidentiality and allow for retrieval of essential information for the continuing education activity including:

i. the completed application form;

ii. the continuing education activity approval letter;

iii. names and addresses of participants and number of contact hours awarded to each; and

iv. participant summary evaluation report;

d.

i. the following content shall be included on the brochure/flyer and submitted with the Application for Continuing Education Activity Approval:

(a). date;

(b). time;

(c). location;

(d). target audience;

(e). registration fee;

(f). items covered by the fee;

(g). refund policy;

(h). objectives;

(i). agenda;

(j). speaker credentials;

(k). contact hours to be awarded;

(l). the continuing education activity approval statement; and

(m). a statement indicating compliance with the Americans with Disabilities Act (ADA);

ii. a final copy of the brochure/flyer shall be mailed to the board prior to implementation of the continuing education activity.

2. Application Process

a. Individual offerings, as a pre-requisite for provider status, shall be submitted to the board at least 90 calendar days prior to implementation of the continuing education activity.

b. Fees payable upon submission of an application for review of an offering are $75 (non-refundable) plus $10 for each contact hour of instruction, up to a maximum of $700. A fee of 25 percent of the original fee, with a minimum of $30, is payable for an extension of the approved status.

c. The provider shall submit to the board immediate written notification of any change in an approved continuing education activity.

d. A continuing education activity approved through the ANCC is recognized by the board as meeting the continuing education requirements for relicensure.

I. Monitoring System. Fulfillment of the requirements for continuing education/nursing practice for relicensure shall be ascertained as follows.

1. Verification of Continuing Education/Nursing Practice. On the application for relicensure, licensees shall sign a statement certifying compliance and agreeing to supply supporting documents upon request. Maintaining documentation of continuing education for at least five years is the responsibility of each individual. Falsification of the renewal application may result in disciplinary action.

2. Audit of Licensees. The board shall randomly select no less than 3 percent of the licensees for audit of compliance with the requirements for relicensure. Additionally, the board has the right to audit any questionable documentation of activities. Such shall be governed by the following.

a. The licensee shall submit verification of compliance with continuing education requirements or exceptions for the period being audited. Verification includes legible copies of certificates of attendance, and/or transcripts/grade reports, or documentation of compliance with exceptions as provided in §3335. C 2

b. Licensees who use the nursing practice option as partial evidence of continued competence shall document nursing practice on the audit form provided by the board. Said documentation shall be signed by an individual who has practiced in a supervisory, collaborative or peer relationship. The staff of the board will evaluate exceptions to the standard form of documentation on an individual basis.

c. Verification shall be submitted within 30 calendar days of the mailing date of the audit notification letter.

d. Failure to complete the audit satisfactorily by the specified date or falsification of information will result in the licensure being rescinded to become invalid and may result in disciplinary action against the licensee in accord with the process and procedures provided in §3407

e. Failure to notify the board of a current mailing address will not absolve the licensee from the audit requirement.

3. Audit of Approved Providers. The board reserves the right to audit approved providers to ascertain compliance with the criteria for approval. Upon a finding of a deviation from the criteria for approval, after a hearing before the board, approval status may be withdrawn or the provider may be placed on probation for a specified period of time. Approval status may be restored upon submission of evidence that the provider satisfactorily fulfills the criterion/criteria in question.

4.

a. Appeal. A licensee or a provider who wishes to request reconsideration shall do so within 20 calendar days from the date of receipt of notification of the action of the board. The appellant shall submit a statement which shows cause why action should not have been taken by the board. This statement shall be acted upon by the board within 20 calendar days.

b. A final decision of the board may be appealed in the 19th Judicial District Court within 30 calendar days of the receipt of the decision.

J. Refresher Course. To be approved by the board, a refresher course shall meet the following criteria.

1. The sponsoring institution shall have access to adequate facilities, resources and qualified educational staff to implement both the required theoretical and clinical components of the refresher course.

2. The course shall be based on clearly stated objectives which are realistic for the time allotted in the course and appropriate for the course content.

3. The course content shall provide a review of basic nursing care concepts, principles, and skills related to patients across the life cycle.

4. The sponsoring institution shall submit the course syllabus for approval at least 90 calendar days prior to implementation of the course, or submit evidence of approval of the course by another board of nursing or by the ANCC at least 20 days prior to the beginning of the course.

5. Fees payable upon submission of a refresher course for approval are $400 with $100 being non-refundable.

La. Admin. Code tit. 46, § XLVII-3335

Promulgated by the Department of Health and Hospitals, Board of Nursing, LR 16:1058 (December 1990), amended LR 21:267 (March 1995), LR 21:804 (August 1995), LR 24:1293 (July 1998), LR 25:514 (March 1999), LR 26:83 (January 2000), LR 27:729 (May 2001), LR 34:440 (March 2008), Amended by the Department of Health, Board of Nursing, LR 461225 (9/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:911, R.S. 37:918(4), (12), and R.S. 37:920.E.