DECLARATION OF EMERGENCY

Jurisdiction
Louisiana
Publication
Published February 20, 2021
Rule Type
Emergency Rule
Issuing Body
Department of Health
Board of Nursing

Notice Text

DECLARATION OF EMERGENCYDepartment of Health Board of Nursing Temporary Permits and Delegation of Medication Administration to Unlicensed Assistive Personnel in Outpatient Clinic Settings (LAC 46:XLVII.3328 and 3709) The Department of Health, Board of Nursing (LSBN) has exercised the emergency provisions of the Administrative Procedures Act, specifically R.S 49:953(B), allowing delegation of the administration of COVID-19 vaccines by RNs or APRNs to unlicensed personnel in all settings (§3709) and granting temporary approval to RNs with retired or inactive licenses, which license was not encumbered at the time it was retired or made inactive, to obtain a limited RN disaster permit (§3328). The permit will be granted to RNs who are eligible for reinstatement of a retired or inactive license in Louisiana and the limited disaster permit allows solely for tasks directly related to the administration and delegation of COVID-19 vaccinations. This Rule is effective upon the signature of the Executive Director, January 19, 2021, and shall remain in effect for 120 days unless rescinded, renewed, or the Covid-10 Public Health Emergency Proclamation is terminated by the Governor. The immediate need for qualified health care providers to administer the COVID-19 vaccinations necessitated the need to adopt an Emergency Rule. Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part XLVII. Nurses: Practical Nurses and Registered Nurses Subpart 2. Registered Nurses Chapter 33. General §3328. Temporary Permits A. - H. … I. Limited Temporary Permit for Administration of Covid-19 Vaccinations 1. Temporary, Limited Registered Nurse License for Applicants with a Retired or Inactive License: Individuals who are eligible for reinstatement of a retired or inactive registered nurse license in Louisiana, may apply for a temporary, limited license that allows solely for tasks directly related to the administration and delegation of COVID-19 vaccinations. a. The board may issue a temporary, limited license as a disaster permit during a public health emergency to an individual who is eligible for reinstatement of a retired or inactive registered nurse license in Louisiana. b. The applicant's RN license must have been unencumbered at the time of retirement or inactivation. c. Continuing education and practice requirements that are a pre-requisite to reinstatement are waived for these applicants. d. Applicants seeking a temporary, limited license disaster permit shall submit an application through the nurse portal. e. Requirements in §3328.C are waived. f. Disaster permits approved under the provisions of this section shall be valid for one year. Applicants may re- apply if availability of the application and permit remains available as determined appropriate and necessary by the board. g. If allegations of acts or omissions which constitute grounds for disciplinary action as defined in R.S. 37:911 et seq., or any rule promulgated by the board is received during the permit interval, the disaster permit shall be recalled. h. Individuals who have been issued a temporary disaster permit under this rule may refer to themselves as a "RN" after signatures on records. i. All individuals administering the vaccine must be competent in the informed consent process, COVID19 vaccine administration, vaccine reconstitution, storage requirements, side effects, emergency management of adverse reactions, record-keeping, waste and disposal and all other aspects of vaccine administration and delegation. j. Applicants currently enrolled in an alternative to discipline program or who have discipline on a license in another jurisdiction are not eligible for the temporary, limited license as a disaster permit provided for in this Section. AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918, 919 and 920. HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Nursing, LR 33:460 (March 2007), amended LR 39:2280 (August 2013), LR 40:2248 (November 2014), LR 47: Chapter 37. Nursing Practice §3709. Delegation of Medication Administration to Unlicensed Assistive Personnel in Outpatient Clinic Settings A. - H. … I. Public Health Emergency Exception 1. During a public health emergency the board shall allow delegation of the administration of COVID-19 vaccines to unlicensed personnel in all healthcare settings in which such agents are administered according to current guidelines and recommendations. a. Requirements in §3709.D.6 are waived such that reconstitution is allowed as is measuring of a prescribed amount of the medication. b. The registered nurses and advanced practice registered nurses shall practice within their scope of practice subject to their knowledge, skill and ability. c. All individuals delegating and administering the vaccine must be competent in the informed consent process, COVID-19 vaccine administration, vaccine reconstitution, storage requirements, side effects, emergency management of adverse reactions, record-keeping, waste and disposal and all other aspects of vaccine administration and delegation. d. Formal training of unlicensed personnel must be performed or confirmed and otherwise validated by a registered nurse or advanced practice registered nurse AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918. HISTORICAL NOTE: Promulgated by the Department of Health, Board of Nursing, LR 42:873 (June 2016), amended LR 47: Karen C. Lyon Executive Director/CEO 2102#004 promulgated in accordance with the provisions of the Administrative Procedure Act, R.S. 49:953(B)(1) et seq., and shall be in effect for the maximum period allowed under the Act or until adoption of the final Rule, whichever occurs first. The Department of Health, Bureau of Health Services Financing promulgated an Emergency Rule which adopted provisions governing coverage of telemedicine during a declared disaster (Louisiana Register, Volume 46, Number 4). This Emergency Rule is being promulgated in order to continue the provisions of the March 16, 2020 Emergency Rule. This action is being taken to promote the health and welfare of Medicaid recipients by ensuring continued and expanded access to telemedicine services during a declared emergency. Effective March 14, 2021, the Department of Health, Bureau of Health Services Financing adopts provisions governing the coverage of telemedicine during a declared emergency. Title 50 PUBLIC HEALTH-MEDICAL ASSISTANCE Part I. Administration Subpart 1. General Provisions Chapter 5. Telemedicine §505. Telemedicine in the Event of an Emergency A. In the event of a declared emergency, Medicaid may temporarily cover services provided through the use of an interactive audio telecommunications system, without the requirement of video, if such action is determined to be necessary to ensure sufficient services are available to meet recipients' needs. AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and Title XIX of the Social Security Act. HISTORICAL NOTE: Promulgated by the Department of Health, Bureau of Health Services Financing, LR 47: Implementation of the provisions of this Rule may be contingent upon the approval of the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), if it is determined that submission to CMS for review and approval is required. Interested persons may submit written comments to Tara A. LeBlanc, Bureau of Health Services Financing, P.O. Box 91030, Baton Rouge, LA 70821-9030. Ms. LeBlanc is responsible for responding to inquiries regarding this Emergency Rule. A copy of this Emergency Rule is available for review by interested parties at parish Medicaid offices. Dr. Courtney N. Phillips Secretary 2102#030