 |
|
|
This page: Appendix
E. Professional Practice Index Calculations for NPs
Appendix
E. Professional Practice Index Calculations for NPs
This appendix contains
a table that documents the detailed calculations used to compute the new
professional practice index for NPs for each of the 50 States plus the
District of Columbia. The criteria used in the new index include:
Legal Status (Maximum
= 35)
Title Protection suggests
acceptance and acknowledgement of the skills required to practice as a
professional. Legal protection provides a safeguard for both the public
and the professional.]
Licensure as NP
indicates full recognition as a professional. Licensure as an RN and certification
or registration as NP is the second best situation. RN license only is
the minimum. Requirements for recognition to practice in an advanced nursing
role vary by State and may include the passing of a national certification
examination, the obtaining of an advanced degree (at the master
or doctoral level), as well as various levels of pharmacology education
for prescriptive authority. Licensure to practice may occur independently
of certification to prescribe. In some States, the renewals of licensure
and prescriptive authority occur in tandem. In others, licensure and prescriptive
authority require separate applications and separate criteria.
Autonomous practice
possible provides the most expansive practice options.
Legal relationship
with physicians indicates the degree of autonomy in practice for the
advanced practice nurse. Statutes vary considerably in their requirements
for physician involvement in NP practice. In some laws, physician relationship
is not mentioned; in some, collaboration with other health professionals
is a requirement; in others, laws demand supervision by a physician for
the NP. More independent environments are considered the ideal practice
situation for NPs to exercise their professional practice. However, NPs
function well in all of these configurations.
Regulation by the
State Board of Nursing is the most appropriate design for NP management.
Control of various aspects of practice by Boards of Medicine, Boards of
Pharmacy, Boards of Consumer Affairs, etc. occurs across the States with
regularity, but these insert the interests of other professions into the
practice arena. Self-regulation is the goal of most professions.
The requirement to
have practice agreements approved or legislated review of records
at particular intervals removes the autonomy of the nurse and/or physician
with whom s/he practices to exercise discretion over practice conditions.
Professionals recognize and seek appropriate safeguards to the suitable
and safe delivery of care to patients. The ideal would be to have that
standard determined on an individual basis by the nurse and collaborating
health professional at the practice level.
Hospital privileges,
referrals, and the ability to order testing suggest recognition
of the skills of the NP. In order to practice as a true primary care provider,
these things are necessary to care adequately for the patient.
Reimbursement (Maximum
= 35)
In 1997, the Balanced
Budget Act, expanded the locations at which Nurse Practitioners could
be reimbursed for services. Since this represented a progression in reimbursement
from 1992, a score was awarded to every State for direct Medicare payment.
State reimbursement
policy for payment of services rendered to Medicaid-eligible patients
varies considerably by State and by profession.
The legal right to
be included on the provider panels of health maintenance organizations
allows NPs to fully provide patient care within their professional practice.
Since NPs are trained with a primary care orientation, this is a desirable
privilege.
The legal right
to be reimbursed for services provided is critical to the autonomy
of the NP. Although services might potentially be provided totally by
the NP, the inability to bill third parties for payment as an identified
provider could preclude that from happening. This could be a barrier to
the provision of care.
Prescriptive Authority
(Maximum = 30)
When prescriptive
authority is granted as part of the licensure process for advanced
practice, it implies recognition of NP skill and education. Separate application
suggests special requirements for the privilege that are not fundamental
to the educational and clinical preparation of the NP.
Although DEA numbers
are a requirement for prescribing controlled substances, a separate score
was allotted to emphasize the importance of the privilege of prescribing
scheduled drugs.
Definition of the
prescriptive privilege in law rather than by individual physicians
suggests full recognition of the abilities of the professional. Dependence
on physician delegation for prescriptive authority limits the nurse practitioner
and creates barriers to efficient practice. Review by another health professional
of patient needs and the ordering of appropriate medications is certainly
a necessary part of practice as a NP; however, the circumstances under
which that consultation occurs may best be determined by the advanced
practice professional and collaborator and need not be detailed in law.
The ability to receive
and distribute sample medications, to independently sign a prescription
and to prescribe medical devices indicate recognition of the competencies
of NPs.
Continuing education
requirements are important for maintaining the skills and updating
the competencies of the NP.
The actual point allocations
for NPs for the 50 States are presented below.
| Table
E-1 Professional Practice Index Scoring Criteria for Nurse Practitioners
in 2000 New Index for AL, AK, AZ, AR, CA, and CO |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protection |
3 |
3 |
a |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
|
|
|
|
|
|
3 |
|
|
|
|
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
2 |
b |
2 |
b |
2 |
b |
|
|
2 |
b |
2 |
b |
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous practice
possible |
7 |
7 |
c |
|
|
7 |
|
7 |
|
7 |
|
7 |
c |
7 |
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
Collaborative
language
|
4 |
|
|
4 |
|
|
|
4 |
|
4 |
d |
|
|
4 |
d |
Supervisory
Language
|
2 |
|
|
|
|
|
|
|
|
|
|
2 |
|
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
|
|
1 |
|
|
|
| Regulated by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
|
|
3 |
|
3 |
|
3 |
|
|
|
3 |
|
Regulation
by State BON with another entity
|
2 |
|
|
2 |
e |
|
|
|
|
|
|
2 |
e |
|
|
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| National certification
required |
1 |
1 |
f |
1 |
|
1 |
|
1 |
|
1 |
|
|
|
1 |
|
| Master's degree
required for licensure |
1 |
1 |
g |
1 |
|
|
|
1 |
|
|
|
|
|
1 |
g |
| Practice Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
|
|
3 |
|
3 |
|
|
|
3 |
h |
|
|
Written practice
agreement avail on site
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
2 |
h |
Written practice
agreement filed with reg agency
|
1 |
|
|
1 |
|
|
|
|
|
1 |
|
|
|
|
|
| Ratios > 2 in
outpatient settings, or not legislated |
1 |
1 |
I |
|
|
1 |
|
1 |
|
1 |
I |
1 |
I |
1 |
|
| Review of Records
by Physician: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
No legislated
time requirement for review
|
3 |
3 |
|
|
|
3 |
j |
3 |
|
3 |
j |
3 |
j |
3 |
j |
Periodic/Regular
Reviews
|
2 |
|
|
2 |
|
|
|
|
|
|
|
|
|
|
|
Strict/Daily
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Hospital Privileges
protected in legislation |
1 |
1 |
k |
|
|
|
|
1 |
|
|
|
|
|
|
|
| Can refer directly
for health/medical services |
2 |
2 |
l |
2 |
|
2 |
|
2 |
|
2 |
l |
2 |
|
2 |
|
| Can order or
perform diagnostic or lab tests |
2 |
2 |
m |
2 |
|
2 |
|
2 |
|
2 |
|
|
|
|
|
|
| Subtotals Legal |
|
35 |
|
20 |
|
32 |
|
33 |
|
30 |
|
26 |
|
29 |
|
|
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
n |
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
| Legal right to
be listed on panels as PCP |
5 |
5 |
o |
5 |
|
|
|
5 |
|
|
|
5 |
o |
|
|
| Medicaid % x
10 |
10 |
10 |
p |
10 |
|
8 |
|
6 |
p |
8 |
|
10 |
p |
10 |
|
| Language permits
reimb by 3rd party or HMO |
15 |
15 |
q |
|
|
15 |
|
15 |
|
|
q |
15 |
|
15 |
|
|
| Subtotals Reimbursement |
|
35 |
|
20 |
|
28 |
|
31 |
|
13 |
|
35 |
|
30 |
|
|
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How Received: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automatic
|
4 |
4 |
r |
|
|
|
|
|
|
|
|
|
|
|
|
Application
or Approval Required
|
2 |
|
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
| Uses Own DEA
number |
3 |
3 |
s |
|
|
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How defined |
|
|
t |
|
|
|
|
|
|
|
|
|
|
|
|
Defined by
Legislation/Phys.agmt.doesn't determine
|
5 |
5 |
|
|
|
5 |
t |
5 |
t |
5 |
|
|
|
5 |
|
Collaborative
agreement defines
|
4 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Supervisory
agreement defines
|
3 |
|
|
|
|
|
|
|
|
|
|
3 |
|
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
| Type of Authority |
|
|
u |
|
|
|
|
|
|
|
|
|
|
|
|
Full authority
within Scope (II-V and Legend)
|
12 |
12 |
|
|
|
12 |
|
12 |
u |
|
|
|
|
12 |
|
Extensive
authority (III-V and Legend)
|
9 |
|
|
|
|
|
|
|
|
9 |
u |
9 |
u |
|
|
Limited authority
(IV-V and Legend)
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
(V and Legend)
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Legends only
|
1 |
|
|
1 |
u |
|
|
|
|
|
|
|
|
|
|
| Durable medical
equipment |
1 |
1 |
|
|
|
1 |
|
1 |
|
1 |
|
1 |
|
|
|
| Sign for samples |
1 |
1 |
w |
|
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
| Distribute samples |
1 |
1 |
x |
1 |
x |
1 |
|
1 |
|
|
|
1 |
|
1 |
|
| NP signs prescription |
2 |
2 |
y |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
y |
2 |
|
| Continuing Ed
requirements |
1 |
1 |
z |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
|
| Subtotals Prescriptive
Authority |
|
30 |
|
8 |
|
28 |
|
28 |
|
24 |
|
23 |
|
27 |
|
|
| TOTAL |
|
100 |
|
48 |
|
88 |
|
92 |
|
67 |
|
84 |
|
86 |
|
FOOTNOTES
ALABAMA
b) Certificate of Qualification
e) BOM
x) NP allowed to provide(dispense) drugs within formulary
ALASKA
b) Authorized
j) Not required
t) No involvement
u) NPs can dispense drugs
ARIZONA
b) Certificate to practice
p) NPs may contract with Health Cost Containment System as PCPs
t) Not defined
u) NPs can dispense drugs
ARKANSAS
d) Collaborative agreement for prescriptive privilege
I) For prescriptive authority
j) Not defined
l) Determined by hospital
q) Any Willing Disallowed Provider Law disallowed 1997
u)1000, hours of practice as APN required, 300 hrs Preceptorship training
for privilege
CALIFORNIA
b) Scope is RN scope
c) May not order drugs in solo practice
e) Board of Nursing is a part of State and Consumer Service Agency Standardized
procedures developed with BOM
h) Standardized procedures guide practice
I) Four
j) Not defined
o) Medi-CAL-cal lists as PCPs
p) Medicaid reimbursement limited to FNP and PNP
u) Dispensing Authority
y) Drs name must appear on drug container label, Effective 2001, NP name
as well
COLORADO
b) Registered
d) RN viewed as independent practitioner
g) Master's degree required for prescriptive authority and after 7/1/08,
for everyone
h) Collaborative agreement for prescriptive authority must notify BON
the name of physician
j) Not defined
REFERENCES
Main Resources
American College
of Nurse Midwives, Nurse Midwifery Today, A Handbook of State Laws and
Regulations 2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
ALABAMA
Alabama Board of Nursing, http://www.abn.state.al.us
ALASKA
http://www.legis.state.ak.us
Alaska Division of Occupational Licensing: Board of Nursing, http://www.dced.state.ak.us/occ
ARIZONA
Arizona Health Care Cost Containment System, http://www.ahccs.state.az.us
Arizona State Board of Nursing, http://www.azboard
of nursing.org
ARKANSAS
Arkansas State Board of Nursing, http://www.accessarkansas.org/nurse
CALIFORNIA
State of California-State and Consumer Services Agency, Board
of Registered Nursing www.rn.ca.gov
National Council of State Boards of Nursing, http://www.ncsbn.org
American College of Nurse Midwives, http://www.acnm.org
COLORADO
Colorado Department of Regulatory Agencies, http://www.dora.state.co.us/Nursing
| Table
E-1, continued Professional Practice Index Scoring Criteria for Nurse
Practitioners in 2000 New Index for CT, DE, DC, FL, GA, and HI |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protection |
3 |
3 |
a |
3 |
a |
3 |
|
3 |
|
3 |
|
|
a |
3 |
|
| How Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
2 |
|
|
|
2 |
b |
2 |
|
2 |
b |
2 |
b |
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous practice
possible |
7 |
7 |
c |
7 |
c |
7 |
|
7 |
|
|
|
|
|
7 |
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Collaborative
language
|
4 |
|
|
4 |
|
4 |
|
4 |
|
|
|
4 |
d |
4 |
d |
Supervisory
Language
|
2 |
|
|
|
|
|
|
|
|
2 |
|
|
|
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
1 |
|
|
|
|
|
| Regulated by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
|
|
|
|
|
|
|
|
3 |
|
|
|
Regulation
by State BON with another entity
|
2 |
|
|
2 |
e |
2 |
e |
2 |
e |
2 |
e |
|
|
|
|
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
e |
| National certification
required |
1 |
1 |
f |
1 |
|
1 |
f |
1 |
|
1 |
f |
1 |
|
1 |
|
| Master's degree
required for licensure |
1 |
1 |
g |
1 |
|
|
|
|
|
1 |
|
1 |
|
1 |
g |
| Practice Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
|
|
|
|
3 |
h |
|
|
|
|
|
|
Written practice
agreement avail on site
|
2 |
|
|
2 |
|
|
|
|
|
|
|
2 |
|
|
|
Written practice
agreement filed with reg agency
|
1 |
|
|
|
|
1 |
h |
|
|
1 |
h |
|
|
1 |
h |
| Ratios > 2 in
outpatient settings, or not legislated |
1 |
1 |
I |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
| Review of Records
by Physician: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
No legislated
time requirement for review
|
3 |
3 |
|
|
|
3 |
j |
3 |
j |
3 |
|
3 |
j |
|
|
Periodic/Regular
Reviews
|
2 |
|
|
2 |
|
|
|
|
|
|
|
|
|
2 |
j |
Strict/Daily
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Hospital Privileges
protected in legislation |
1 |
1 |
k |
|
|
|
|
1 |
|
1 |
|
1 |
|
|
|
| Can refer directly
for health/medical services |
2 |
2 |
l |
|
|
2 |
|
2 |
|
2 |
|
|
|
|
|
| Can order or
perform diagnostic or lab tests |
2 |
2 |
m |
2 |
|
2 |
|
|
|
2 |
|
2 |
|
2 |
|
| |
| Subtotals Legal |
|
35 |
|
27 |
|
29 |
|
29 |
|
22 |
|
20 |
|
25 |
|
| |
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
n |
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
| Legal right to
be listed on panels as PCP |
5 |
5 |
o |
5 |
|
|
|
5 |
o |
|
|
|
|
|
|
| Medicaid % x
10 |
10 |
10 |
p |
10 |
|
10 |
|
10 |
p |
8 |
|
9 |
|
7.5 |
|
| Language permits
reimb by 3rd party or HMO |
15 |
15 |
q |
15 |
|
15 |
|
|
|
15 |
q |
|
|
15 |
|
| |
| Subtotals Reimbursement |
|
35 |
|
35 |
|
30 |
|
20 |
|
28 |
|
14 |
|
27.5 |
|
| |
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How Received: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automatic
|
4 |
4 |
r |
|
|
|
|
4 |
|
4 |
|
4 |
r |
|
|
Application
or Approval Required
|
2 |
|
|
2 |
|
2 |
|
|
|
|
|
|
|
2 |
|
| Uses Own DEA
number |
3 |
3 |
s |
3 |
|
3 |
|
3 |
|
|
|
|
|
|
|
| How defined |
|
|
t |
|
|
|
|
|
|
|
|
|
|
|
|
Defined by
Legislation/Phys.agmt.doesn't determine
|
5 |
5 |
|
|
|
|
|
5 |
|
|
|
|
|
|
|
Collaborative
agreement defines
|
4 |
|
|
4 |
|
4 |
|
|
|
|
|
|
|
|
|
Supervisory
agreement defines
|
3 |
|
|
|
|
|
|
|
|
3 |
|
3 |
|
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
|
| Type of Authority |
|
|
u |
|
|
|
|
|
|
|
|
|
|
|
|
Full authority
within Scope (II-V and Legend)
|
12 |
12 |
|
12 |
|
12 |
|
12 |
u |
|
|
|
|
|
|
Extensive
authority (III-V and Legend)
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Limited authority
(IV-V and Legend)
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
(V and Legend)
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Legends only
|
1 |
|
|
|
|
|
|
|
|
1 |
|
|
|
1 |
u |
| Durable medical
equipment/devices |
1 |
1 |
|
|
|
1 |
|
|
|
|
|
|
|
1 |
|
| Sign for samples |
1 |
1 |
w |
|
|
1 |
|
|
|
|
|
|
|
|
|
| Distribute samples |
1 |
1 |
x |
1 |
|
1 |
|
|
|
1 |
|
1 |
x |
1 |
|
| NP signs prescription |
2 |
2 |
y |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
y |
2 |
|
| Continuing Ed
requirements |
1 |
1 |
z |
|
|
1 |
|
|
|
1 |
|
1 |
|
1 |
|
| |
| Subtotals Prescriptive
Authority |
|
30 |
|
24 |
|
27 |
|
26 |
|
12 |
|
11 |
|
9 |
|
| |
| TOTAL |
|
100 |
|
86 |
|
86 |
|
75 |
|
62 |
|
45 |
|
61.5 |
|
FOOTNOTES
CONNECTICUT
a) APRN for Prescriptive privilege only
c) Prescribe "under direction" of physician in statute
e) BON is located in the Department of Public Health
DELAWARE
e) If NP practices under guidelines or protocols governed by
BON, if NP practices and prescribes independently governed by Joint Practice
Committee (BON and BOM)
f) Master's required if no national certifying exam is available
h) Submit collaborative agreement for prescriptive authority
j) Not defined
DISTRICT OF COLUMBIA
b) Certificate to practice
e) BON and Department of Consumer and Regulatory Affairs
h) Not required
j) Not defined
o) Redesignated PCPs
p) Medicaid managed care, NPs excluded
u) Non refillable prescriptions for controlled substances
FLORIDA
e) BON and BOM joint committee approves protocols
f) National certification for initial certificate only
h) Filed for prescriptive privilege
q) Any Willing Provider Law
GEORGIA
a) RN only
b) Authorization to practice
d) Scope of practice is collaborative, prescriptive authority is supervisory
and delegatory
j) Not defined
x,y) Written protocols define privilege on delegated medical authority
of physician in restricted locations
r) May administer, order or dispense but may not prescribe
HAWAII
b) Recognition
d) For prescriptive authority
e) BON , BOME and Department of Commerce and Consumer Affairs define prescriptive
authority
g) Master's required for prescriptive authority only
h) For prescriptive authority
j) Joint and periodic evaluation of services
u) APRNs can prescribe legend drugs independently and controlled substances
under physician direction only
REFERENCES
Main Resources
American College
of Nurse Midwives, Nurse Midwifery Today, A Handbook of State Laws and
Regulations 2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
CONNECTICUT
Connecticut Department of Public Health, http://www.state.ct.us/dph
DELAWARE
State of Delaware, Delaware Administrative Code, http://www.state.de.us
DISTRICT OF COLUMBIA
Lexis Nexis, 198.187.128.12/dc
FLORIDA
Online Sunshine, State of Florida, http://www.leg.state.fl.us
GEORGIA
State Government of Georgia, http://www.ganet.org
HAWAII
Hawaii State Legislature, http://www.capitol.hawaii.gov
Hawaii State Government, Department of Commerce and Consumer Affairs,
http://www.state.hi.us
| Table
E-1, continued Professional Practice Index Scoring Criteria for Nurse
Practitioners in 2000 New Index for ID, IL, IN, IA, KS, and KY |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protection |
3 |
3 |
a |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
3 |
b |
3 |
|
|
|
|
|
|
|
|
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
|
|
|
|
2 |
b |
2 |
b |
2 |
b |
2 |
b |
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous practice
possible |
7 |
7 |
c |
7 |
c |
7 |
c |
|
c |
7 |
|
7 |
|
7 |
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Collaborative
language
|
4 |
|
|
|
|
4 |
|
4 |
|
4 |
|
4 |
d |
4 |
|
Supervisory
Language
|
2 |
|
|
2 |
d |
|
|
|
|
|
|
|
|
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Regulated by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
3 |
|
3 |
e |
3 |
|
3 |
|
3 |
|
3 |
e |
Regulation
by State BON with another entity
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| National certification
required |
1 |
1 |
f |
1 |
|
1 |
|
1 |
|
1 |
|
|
|
1 |
|
| Master's degree
required for licensure |
1 |
1 |
g |
|
|
1 |
g |
|
g |
|
g |
1 |
g |
|
|
| Practice Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
3 |
|
2 |
|
|
|
3 |
|
|
|
|
|
Written practice
agreement avail on site
|
2 |
|
|
|
|
|
|
|
|
|
|
2 |
h |
|
|
Written practice
agreement filed with reg agency
|
1 |
|
|
|
|
|
|
1 |
h |
|
|
|
|
1 |
h |
| Ratios > 2 in
outpatient settings, or not legislated |
1 |
1 |
I |
1 |
|
1 |
I |
1 |
|
1 |
|
1 |
|
1 |
I |
| Review of Records
by Physician: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
No legislated
time requirement for review
|
3 |
3 |
|
|
|
|
|
|
|
3 |
|
|
|
3 |
j |
Periodic/Regular
Reviews
|
2 |
|
|
2 |
j |
2 |
j |
2 |
j |
|
|
2 |
j |
|
|
Strict/Daily
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Hospital Privileges
protected in legislation |
1 |
1 |
k |
|
|
|
|
|
|
1 |
k |
|
|
|
|
| Can refer directly
for health/medical services |
2 |
2 |
l |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
| Can order or
perform diagnostic or lab tests |
2 |
2 |
m |
2 |
|
2 |
|
|
|
|
|
2 |
|
2 |
|
|
| Subtotals Legal |
|
35 |
|
29 |
|
31 |
|
19 |
|
30 |
|
29 |
|
29 |
|
|
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
n |
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
| Legal right to
be listed on panels as PCP |
5 |
5 |
o |
5 |
o |
|
|
|
|
5 |
|
|
|
5 |
|
| Medicaid % x
10 |
10 |
10 |
p |
8.5 |
|
7 |
|
8.5 |
|
8 |
|
8 |
|
7.5 |
|
| Language permits
reimb by 3rd party or HMO |
15 |
15 |
q |
15 |
q |
|
|
15 |
q |
15 |
|
15 |
|
15 |
q |
|
| Subtotals Reimbursement |
|
35 |
|
33.5 |
|
12 |
|
28.5 |
|
33 |
|
28 |
|
32.5 |
|
|
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How Received: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automatic
|
4 |
4 |
r |
|
|
|
|
|
|
4 |
|
4 |
|
4 |
|
Application
or Approval Required
|
2 |
|
|
2 |
|
2 |
|
2 |
|
|
|
|
|
|
|
| Uses Own DEA
number |
3 |
3 |
s |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
|
|
| How defined |
|
|
t |
|
|
|
|
|
|
|
|
|
|
|
|
Defined by
Legislation/Phys. agmt. doesn't determine
|
5 |
5 |
|
5 |
|
|
|
|
|
5 |
|
|
|
|
|
Collaborative
agreement defines
|
4 |
|
|
|
|
4 |
|
4 |
|
|
|
|
|
4 |
|
Supervisory
agreement defines
|
3 |
|
|
|
|
|
|
|
|
|
|
3 |
t |
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Type of Authority |
|
|
u |
|
|
|
|
|
|
|
|
|
|
|
|
Full authority
within Scope (II-V and Legend)
|
12 |
12 |
|
12 |
|
|
|
12 |
|
12 |
|
12 |
|
|
|
Extensive
authority (III-V and Legend)
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Limited authority
(IV-V and Legend)
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
(V and Legend)
|
3 |
|
|
|
|
3 |
u |
|
|
|
|
|
|
|
|
Legends only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
|
| Durable medical
equipment/devices |
1 |
1 |
|
1 |
|
|
|
|
|
1 |
|
|
|
1 |
|
| Sign for samples |
1 |
1 |
w |
|
|
1 |
|
|
|
|
|
1 |
|
1 |
w |
| Distribute samples |
1 |
1 |
x |
1 |
|
1 |
|
|
|
1 |
|
1 |
|
1 |
x |
| NP signs prescription |
2 |
2 |
y |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
| Continuing Ed
requirements |
1 |
1 |
z |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
|
| Subtotals Prescriptive
Authority |
|
30 |
|
27 |
|
17 |
|
24 |
|
29 |
|
27 |
|
15 |
|
|
| TOTAL |
|
100 |
|
89.5 |
|
60 |
|
71.5 |
|
92 |
|
84 |
|
76.5 |
|
FOOTNOTES
IDAHO
b) Licensed as an NP, authorized as an NP prescriber
c) "May perform …direct management of acute and chronic illness
d) Supervisory, collaborative and consultative language. Supervision "means
designation of a course of action or provision of guidance"
j) BOM rules for physicians require periodic review of a sample of records
o) Blue Cross has NPs on preferred provider list
q) Any Willing Provider Law(CNM confirms)
ILLINOIS
c) Not practice without direction from physician but no employment
relationship is required
e) Advanced Practice Nursing Board
g) Legislated in 1998, effective from 2001
I) No specific number but not "excessive" number
j) Periodic
u) Schedule lll-V but delegated authority only-- may prescribe, dispense
and administer
INDIANA
b) APN recognition, only necessary for prescriptive authority(CNMs
different)
c) Collaboration with licensed practioner required, other APNs do not
qualify as collaborators
g) Complete a "graduate program or a certificate program"
h) Only if applying for prescriptive authority
j) Review of a sample of charts when prescriptions are written must occur
within 7 days
q) Any Willing Provider Law
IOWA
b) Registration for prescriptive authority only
g) Masters not required, may be one of qualifications fulfilled
k) Hospital Fairness Act, 1999-2000
I) Not legislated
p) Amendment to medical program, telemedicine pilot project pays for ARNP
services
KANSAS
b) Certificate of Qualification issued
d) Collegial
g) Law passed in 2000, effective from 2002
h) Written protocol defines prescriptive authority
j) Periodic
t) Written protocol between physicians and NP defines classes of drugs
Dispensing, except for samples is prohibited
KENTUCKY
b) Registration and designation
e) Advanced Registered Nurse Practice Council and BON
h) Effective from 1997 for prescriptive authority
I) Not legislated
j) Not defined
q) Any Willing Provider Law
w,x) Non scheduled legend drugs
REFERENCES
Main Resources
American College of
Nurse Midwives, Nurse Midwifery Today, A Handbook of State Laws and Regulations
2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
IDAHO
Idaho State Board of Nursing, http://www2.state.id.us/adm
ILLINOIS
Illinois General Assembly, http://www.legis.state.il.us
Illinois Bar Journal, http://www.illinoisbar.org
National Council of State Boards of Nursing, http://www.ncsbn.or/files/npa/wholenpas/ilnpa.asp
INDIANA
Indiana Health Professions Bureau, http://www.IN.gov/hpb/boards
Indiana State Board of Nursing, http://www.state.in.us/hpb/boards
IOWA
Iowa Board of Nursing, http://www.state.ia.us/nursing
KANSAS
Kansas Legislative Services, http://www.accesskansas.org/legislative
KENTUCKY
Kentucky Legislature, http://www.lrc.state.ky.us/kar
Kentucky Board of Nursing, http://www.kbn.state.ky.us
| Table
E-1, continued Professional Practice Index Scoring Criteria for Nurse
Practitioners in 2000 New Index for LA, ME, MD, MA, MI, and MN |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title
protection |
3 |
3 |
a |
3 |
a |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How
Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
3 |
b |
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
|
|
2 |
b |
2 |
b |
2 |
b |
2 |
b |
2 |
b |
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous
practice possible |
7 |
7 |
c |
|
|
7 |
c |
|
|
|
|
7 |
|
7 |
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
5 |
|
|
|
|
|
|
|
4 |
|
Collaborative
languageSupervisory Language
|
4 |
|
|
4 |
|
|
|
4 |
|
|
|
|
|
|
|
2 |
|
|
|
|
|
|
|
|
2 |
d |
2 |
d |
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Regulated
by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
|
|
|
|
|
|
|
|
3 |
e |
3 |
|
Regulation
by State BON with another entity
|
2 |
|
|
2 |
e |
2 |
e |
2 |
e |
2 |
e |
|
|
|
|
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| National
certification required |
1 |
1 |
f |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
| Master's
degree required for licensure |
1 |
1 |
g |
1 |
|
1 |
g |
|
|
|
|
|
|
|
|
| Practice
Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
|
|
|
|
|
|
|
|
3 |
h |
|
|
Written practice
agreement avail on site
|
2 |
|
|
|
|
|
|
|
|
2 |
|
|
|
2 |
|
Written practice
agreement filed with reg agency
|
1 |
|
|
1 |
|
|
|
1 |
|
|
|
|
|
|
|
| Ratios
> 2 in outpatient settings, or not legislated |
1 |
1 |
I |
|
I |
|
|
1 |
I |
|
|
1 |
I |
1 |
I |
| Review
of Records by Physician: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
No legislated
time requirement for review
|
3 |
3 |
|
|
|
3 |
j |
|
|
|
|
3 |
j |
3 |
j |
Periodic/Regular
Reviews
|
2 |
|
|
2 |
j |
|
|
2 |
|
2 |
j |
|
|
|
|
Strict/Daily
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Hospital
Privileges protected in legislation |
1 |
1 |
k |
|
|
|
|
|
|
|
|
|
|
|
|
| Can
refer directly for health/medical services |
2 |
2 |
l |
2 |
|
2 |
|
2 |
l |
2 |
|
|
|
2 |
|
| Can
order or perform diagnostic or lab tests |
2 |
2 |
m |
2 |
|
2 |
|
2 |
m |
2 |
|
|
|
2 |
|
|
|
| Subtotals
Legal |
|
35 |
|
21 |
|
28 |
|
20 |
|
18 |
|
25 |
|
30 |
|
|
|
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
n |
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
| Legal
right to be listed on panels as PCP |
5 |
5 |
o |
|
|
5 |
|
5 |
|
5 |
o |
|
|
|
|
| Medicaid
% x 10 |
10 |
10 |
p |
8 |
|
10 |
|
10 |
|
10 |
|
10 |
|
9 |
|
| Language
permits reimb by 3rd party or HMO |
15 |
15 |
q |
15 |
|
15 |
q |
15 |
|
15 |
|
15 |
q |
15 |
|
|
|
| Subtotals
Reimbursement |
|
35 |
|
28 |
|
35 |
|
35 |
|
35 |
|
30 |
|
29 |
|
|
|
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How
Received: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automatic
|
4 |
4 |
r |
|
|
|
|
4 |
|
|
|
4 |
|
|
|
Application
or Approval Required
|
2 |
|
|
2 |
|
2 |
|
|
|
2 |
|
|
|
2 |
r |
| Uses
Own DEA number |
3 |
3 |
s |
|
|
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How
defined |
|
|
t |
|
|
|
|
|
|
|
|
|
|
|
|
Defined by
Legislation/Phys.agmt.doesn't determine
|
5 |
5 |
|
|
|
5 |
|
|
|
5 |
|
|
|
|
|
Collaborative
agreement defines
|
4 |
|
|
4 |
|
|
|
|
|
|
|
|
|
4 |
|
Supervisory
agreement defines
|
3 |
|
|
|
|
|
|
|
|
|
|
3 |
|
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
|
|
|
|
1 |
|
|
|
|
|
|
|
| Type
of Authority |
|
|
u |
|
|
|
|
|
|
|
|
|
|
|
|
Full authority
within Scope (II-V and Legend)
|
12 |
12 |
|
|
|
12 |
|
12 |
|
12 |
|
|
|
12 |
|
Extensive
authority (III-V and Legend)
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Limited authority
(IV-V and Legend)
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
(V and Legend)
|
3 |
|
|
|
|
|
|
|
|
|
|
3 |
u |
|
|
Legends only
|
1 |
|
|
1 |
|
|
|
|
|
|
|
|
|
|
|
| Durable
medical equipment/devices |
1 |
1 |
|
1 |
|
1 |
|
|
|
|
|
|
|
1 |
|
| Sign
for samples |
1 |
1 |
w |
1 |
|
1 |
|
|
|
|
|
1 |
|
1 |
|
| Distribute
samples |
1 |
1 |
x |
1 |
|
1 |
|
1 |
|
|
|
1 |
|
1 |
|
| NP
signs prescription |
2 |
2 |
y |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
| Continuing
Ed requirements |
1 |
1 |
z |
1 |
|
1 |
|
|
|
|
|
|
|
1 |
|
|
|
| Subtotals
Prescriptive Authority |
|
30 |
|
13 |
|
28 |
|
23 |
|
24 |
|
17 |
|
27 |
|
|
|
| TOTAL |
|
100 |
|
62 |
|
91 |
|
78 |
|
77 |
|
72 |
|
86 |
|
FOOTNOTES
LOUISIANA
a) Under violations in law
b) Licensed as an Advanced Practice Registered Nurse
e) BON with BOME for prescriptive authority
I) No more than two
j) Frequency determined by APRN and collaborating physician
q) Any Willing Provider Law
MAINE
b) Licensed as RN, approved APRN
c) At initial certification must practice for 24 months under supervising
physician then allowed independence and prescriptive authority
e) APRN Committee and BON
g) Passed in 2000, effective from 2006
j) Not defined
MARYLAND
b) Certified
e) Joint Committee appointed by BON and BOM
I) Not defined
l,m) Determined by collaborative agreement
MASSACHUSETTS
b) Licensed RN, Authorized in Expanded role
d) Direction, Supervision, Collaboration and Consultation
e) Prescriptive authority regulated by BON with Board of Regulations in
Medicine and Board of Regulations in Pharmacy, also Advisory Committee
of APNs
j) Every three months, if schedule ll drugs are prescribed, record must
be reviewed in 96 hours
o) Mass. Medicaid PCP
MICHIGAN
b) Speciality certification
d) No requirement for physician supervision or collaboration but a physician
may delegate at their discretion (Beauport)
e) Department of Commerce licenses
h) Not required
I) Not legislated
j) Not defined
q) Attorney General's opinion
u) Schedule lll-V and legend but "delegated medical task"
MINNESOTA
b) Certification
I) Not legislated
j) Not defined
r) 1999 law requires fee and proof that criteria for prescriptive authority
are met
REFERENCES
Main Resources
American
College of Nurse Midwives, Nurse Midwifery Today, A Handbook of State
Laws and Regulations 2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
LOUISIANA
Louisiana State Board of Nursing, http://www.lsbn.state.la.us
MAINE
Maine Legislature, http://janus.state.me.us/legis
MARYLAND
Maryland General Assembly, http://mlis.state.md.us
Maryland Board of Nursing, http://dhmh.state.md.us
MASSACHUSETTS
Commonwealth of Massachusetts, http://www.state.ma.us/legis
MICHIGAN
National Council of State Boards of Nursing, http://www.michiganlegislature.org/law
Michigan Legislature, http://www.michiganlegislature.org/law
MINNESOTA
State of Minnesota Board of Nursing, http://www.nursingboard.state.mn.us
Minnesota Office of the Revisor of Statutes, http://www.revisor.leg.state.mn.us
| Table
E-1, continued Professional Practice Index Scoring Criteria for Nurse
Practitioners in 2000 New Index for MS, MO, MT, NE, NV, and NH |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protection |
3 |
3 |
a |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
a |
3 |
a |
| How Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
|
|
|
|
|
|
3 |
|
|
|
3 |
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
2 |
b |
2 |
b |
2 |
b |
|
|
2 |
b |
|
|
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous practice
possible |
7 |
7 |
c |
|
|
|
|
7 |
|
7 |
c |
|
|
7 |
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
|
|
5 |
|
|
|
|
|
5 |
|
Collaborative
language
|
4 |
|
|
4 |
d |
4 |
d |
|
|
4 |
|
4 |
d |
|
|
Supervisory
Language
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Regulated by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
|
|
|
|
|
|
3 |
e |
|
|
|
|
Regulation
by State BON with another entity
|
2 |
|
|
2 |
e |
2 |
e |
2 |
e |
|
|
2 |
e |
2 |
e |
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| National certification
required |
1 |
1 |
f |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
| Master's degree
required for licensure |
1 |
1 |
g |
1 |
g |
1 |
g |
1 |
|
1 |
g |
1 |
g |
|
|
| Practice Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
|
|
|
|
3 |
|
|
|
|
|
3 |
|
Written practice
agreement avail on site
|
2 |
|
|
|
|
2 |
|
|
|
|
|
|
|
|
|
Written practice
agreement filed with reg agency
|
1 |
|
|
1 |
|
|
|
|
|
1 |
h |
1 |
|
|
|
| Ratios > 2 in
outpatient settings, or not legislated |
1 |
1 |
I |
1 |
I |
1 |
I |
1 |
|
1 |
|
1 |
I |
1 |
|
| Review of Records
by Physician: |
|
|
j |
|
|
|
|
|
|
|
|
|
|
|
|
No legislated
time requirement for review
|
3 |
3 |
|
3 |
j |
|
|
|
|
3 |
j |
|
|
3 |
|
Periodic/Regular
Reviews
|
2 |
|
|
|
|
|
|
2 |
j |
|
|
2 |
j |
|
|
Strict/Daily
|
1 |
|
|
|
|
1 |
j |
|
|
|
|
|
|
|
|
| Hospital Privileges
protected in legislation |
1 |
1 |
k |
|
|
|
|
|
|
|
|
|
|
|
|
| Can refer directly
for health/medical services |
2 |
2 |
l |
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
2 |
|
| Can order or
perform diagnostic or lab tests |
2 |
2 |
m |
|
|
|
|
2 |
|
2 |
|
|
|
2 |
|
|
| Subtotals Legal |
|
35 |
|
20 |
|
19 |
|
31 |
|
31 |
|
19 |
|
32 |
|
|
Reimbursement |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Medicare |
5 |
5 |
n |
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
5 |
|
| Legal right to
be listed on panels as PCP |
5 |
5 |
o |
|
|
|
|
5 |
o |
|
|
|
|
|
|
| Medicaid % x
10 |
10 |
10 |
p |
9 |
|
10 |
|
8.5 |
|
10 |
|
8.5 |
|
10 |
|
| Language permits
reimb by 3rd party or HMO |
15 |
15 |
q |
15 |
|
15 |
q |
15 |
|
|
|
15 |
|
15 |
|
|
| Subtotals Reimbursement |
|
35 |
|
29 |
|
30 |
|
33.5 |
|
15 |
|
28.5 |
|
30 |
|
|
Prescriptive
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| How Received: |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Automatic
|
4 |
4 |
r |
4 |
|
4 |
|
|
|
|
|
|
|
4 |
|
Application
or Approval Required
|
2 |
|
|
|
|
|
|
2 |
|
2 |
|
2 |
|
|
|
| Uses Own DEA
number |
3 |
3 |
s |
|
|
|
|
3 |
|
3 |
|
|
s |
3 |
|
| How defined |
|
|
t |
|
|
|
|
|
|
|
|
|
|
|
|
Defined by
Legislation/Phys.agmt.doesn't determine
|
5 |
5 |
|
|
|
|
|
5 |
|
5 |
|
|
|
|
|
Collaborative
agreement defines
|
4 |
|
|
|
|
4 |
t |
|
|
|
|
|
|
|
|
Supervisory
agreement defines
|
3 |
|
|
3 |
t |
|
|
|
|
|
|
3 |
t |
|
|
Defined Formulary
(inclusive or exclusive)
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
1 |
|
| Type of Authority |
|
|
u |
|
|
|
|
|
|
|
|
|
|
|
|
Full authority
within Scope (II-V and Legend)
|
12 |
12 |
|
|
|
|
|
12 |
u |
12 |
u |
|
|
12 |
u |
Extensive
authority (III-V and Legend)
|
9 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Limited authority
(IV-V and Legend)
|
6 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Restricted
(V and Legend)
|
3 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Legends only
|
1 |
|
|
1 |
|
1 |
|
|
|
|
|
1 |
u |
|
|
| Durable medical
equipment/devices |
1 |
1 |
|
|
|
|
|
|
|
|
|
1 |
|
|
|
| Sign for samples |
1 |
1 |
w |
|
|
|
|
1 |
|
|
|
|
|
|
|
| Distribute samples |
1 |
1 |
x |
1 |
x |
1 |
x |
1 |
|
1 |
|
1 |
|
1 |
|
| NP signs prescription |
2 |
2 |
y |
|
|
|
|
2 |
|
2 |
|
2 |
|
2 |
|
| Continuing Ed
requirements |
1 |
1 |
z |
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
1 |
|
|
| Subtotals Prescriptive
Authority |
|
30 |
|
10 |
|
11 |
|
27 |
|
26 |
|
11 |
|
24 |
|
|
| TOTAL |
|
100 |
|
59 |
|
60 |
|
91.5 |
|
72 |
|
58.5 |
|
86 |
|
FOOTNOTES
MISSISSIPPI
b) Certified / registered
d) Collaboration, consultative language but "supervising" physician in
reimbursement statute
e) Rules jointly promulgated by BON and BOM
g) Effective from 1998 " a graduate program"
I) Not legislated
j) Not defined
t) Protocol defines
x) "Dispense" in regulations
MISSOURI
b) Document of Recognition
d) Can not be geographically distant ( 30 miles by road or 50 miles in
HPSA)
e) Regulations by BON and Board of Healing Arts and Board of Pharmacy
g) 1998 I) No more than three
j) Review every two weeks
q) BC/BS statutory non discriminatory policy
t) Protocol
x) Limited to 72hr supply
MONTANA
b) Certificate
e) Department of Commerce administers licenses, prescriptive authority
administered by BON, BOME and BOP
j) Quarterly by peers or physicians
o) 1997 Bill 519 workers COMP, PCP
u) Quality assurance process for prescriptive authority
NEBRASKA
b,h) Integrated practice agreement may be waived if nurse will
practice in a Geographic Health Shortage Area
d) Board of Advanced Practice
g) For prescriptive authority
j) Not defined
u) Schedule ll, 72 hour prescription only
NEVADA
a) APN
b) Certificate of Recognition
d) Nursing regulations, collaborative language
e) BON, BOM, BOP
g) Required after 6/1/05
I) No more than 3
j) Periodic/ monthly(BOM) review
s) DEA for dispensing and administering only, if privilege approved
t) Pharmacy regulations supervisory in language
u) APNs may dispense controlled substances under certain circumstances
when a pharmacy exam has been passed
NEW HAMPSHIRE
a) ARNP
e) APRN committee on BON, Joint Committee of BON, BOM and BOP for prescriptive
authority, formulary
u) Plenary authority from a formulary established by Joint Health Council
of BON
REFERENCES
Main Resources
American College
of Nurse Midwives, Nurse Midwifery Today, A Handbook of State Laws and
Regulations 2000, Washington, DC, 2000.
Buppert C, Nurse Practitioner’s Business Practice & Legal Guide, Aspen
Publications, Gaithersburg, Maryland, 1999.
Cooper RA, Multidisciplinary Healthcare Workforce Data Consortium, Meeting,
April 2001, Washington, DC.
Henderson T, Chovan T , Removing Practice Barriers of NonPhysician Providers,
Intergovernmental Health Policy Project, The George Washington University,
February 1994.
Henderson T, Fox-Grage W, Lewis S, Scope of Practice & Reimbursement for
Advanced Practice Registered Nurses, Primary Care Resource Center, Intergovernmental
Health Policy Project, The George Washington University, December 1995.
Henderson T, Norris S, National Conference of State Legislators, Inc.
National Council of State Boards of Nursing, http://www.ncsbn.org.
National Council of State Boards of Nursing, The Regulation of Advanced
Practice Registered Nurses 1997, Chicago, IL, 1998.
Pearson LJ. Annual Legislative Update: How Each State Stands on Legislative
Issues Affecting Advanced Nursing Practice, The Nurse Practitioner 26(1):7-57.
US Department of Justice, Drug Enforcement Administration, Diversion Control
Program, http://www.deadiversion.usdoj.gov/drugreg/practioners/index.html.
Washburn University School of Law, http://www.washlaw.edu
MISSISSIPPI
Lexis Nexis, 198.187.128.12/mississippi
Mississippi State Board of Nursing, http://www.msbn.state.ms.us/laws
MISSOURI
Missouri General Assembly, http://www.moga.state.mo.us/statutes
Missouri Department of Economic Development, Board of Nursing, http://www.ecodev.state.mo.us/pr/nurising
MONTANAMontana Department of Commerce, Board of Nursing,
http://www.com.state.mt.us/License
Montana State Documents Online, http://statedocs.msl.state.mt.us
NEBRASKA
National Council of State Boards of Nursing, http://www.ncsbn.org/serach/documents
NEVADANevada Legislature, www.leg.state.nv.
us/NRS
Nevada Legislature, www.leg.state.nv.us/nac
National Council of State Boards of Nursing, www.ncsbn.org/search/documents/actsand
regs/nv
NEW HAMPSHIRE
New Hampshire Board of Nursing, www.state.nh.us/nursing
National Council of State Boards of Nursing, www.ncsbn.org/search/documents/actsand
regs/nh
| Table
E-1, continued Professional Practice Index Scoring Criteria for Nurse
Practitioners in 2000 New Index for NJ, NM, NY, NC, ND, and OH |
Legal
Authority |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Title protection |
3 |
3 |
a |
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
3 |
|
| How Licensed |
|
|
b |
|
|
|
|
|
|
|
|
|
|
|
|
Lic as Nurse
Practitioner
|
3 |
3 |
|
|
|
3 |
|
|
|
|
|
3 |
|
|
|
Lic as Nurse
& Cert, Reg or Approved as NP
|
2 |
|
|
2 |
b |
|
|
2 |
b |
2 |
|
|
|
2 |
b |
RN license
only
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Autonomous practice
possible |
7 |
7 |
c |
7 |
|
7 |
|
7 |
c |
7 |
c |
|
|
|
|
| Relationship
with Physicians: |
|
|
d |
|
|
|
|
|
|
|
|
|
|
|
|
No mention
of physician in legislation
|
5 |
5 |
|
|
|
5 |
|
|
|
|
|
|
|
|
|
Collaborative
language
|
4 |
|
|
4 |
d |
|
|
4 |
|
4 |
d |
4 |
|
4 |
|
Supervisory
Language
|
2 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Electronic
communication permitted/Indirect sup.
|
1 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Regulated by: |
|
|
e |
|
|
|
|
|
|
|
|
|
|
|
|
State Board
of Nursing Alone/or Board of APN
|
3 |
3 |
|
|
|
3 |
|
|
|
|
|
3 |
e |
3 |
|
Regulation
by State BON with another entity
|
2 |
|
|
2 |
e |
|
|
|
|
2 |
e |
|
|
|
|
Regulation
by Board of Medicine or other
|
1 |
|
|
|
|
|
|
1 |
e |
|
|
|
|
|
|
| National certification
required |
1 |
1 |
f |
1 |
f |
1 |
|
|
f |
1 |
f |
1 |
|
1 |
|
| Master's degree
required for licensure |
1 |
1 |
g |
1 |
|
1 |
|
|
|
1 |
g |
1 |
g |
1 |
|
| Practice Agreements: |
|
|
h |
|
|
|
|
|
|
|
|
|
|
|
|
No written
practice agreement required
|
3 |
3 |
|
|
|
3 |
|
|
|
|
|
|
|
|
|
Written practice
agreement avail on site
|
2 |
|
|
2 |
h |
|
|
|
|
2 |
|
|
|
2 |
h |
Written practice
agreement filed with reg agency
|
1 |
|
|
|
|
|
|
1 |
|
|
|
1 |
h |
|
|
| Ratios > 2 in
outpatient settings, or not legislated |
1 |
1 |
|