Legislative Update for Nurse Practitioners: HB971

https://www.dhp.virginia.gov/

Subject: IMPORTANT MESSAGE from Jay Douglas, Executive Director of the Virginia Board of Nursing, on behalf of the Joint Boards of Nursing and Medicine, Virginia Department of Health Professions

HB971: Autonomous NPs may provide management and leadership under certain circumstances AND Clinical practice requirement reduced to 3 years 

On April 4, 2024, Governor Youngkin signed into law HB971 amending §54.1-2957(G) and (I) of the Virginia Code effective July 1, 2024:

1.      §54.1-2957(G) 

Under certain circumstances, nurse practitioners who have had the autonomous practice designation for at least 3 years may enter into a practice agreement with nurse practitioners who would otherwise be required to enter into a practice agreement with a patient care team physician: 

G. In the event a physician who is serving as a patient care team physician dies, becomes disabled, retires from active practice, surrenders his license or has it suspended or revoked by the Board, or relocates his practice such that he is no longer able to serve, or for other good cause, and an advanced practice registered nurse is unable to enter into a new practice agreement with another patient care team physician, the advanced practice registered nurse may continue to practice upon notification to the designee or his alternate of the Boards and receipt of such notification. Such advanced practice registered nurse may continue to treat patients without a patient care team physician for an initial period not to exceed 60 days, provided that the advanced practice registered nurse continues to prescribe only those drugs previously authorized by the practice agreement with such physician and to have access to appropriate input from appropriate health care providers in complex clinical cases and patient emergencies and for referrals. The designee or his alternate of the Boards shall grant permission for the advanced practice registered nurse to continue practice under this subsection for another 60 days, provided that the advanced practice registered nurse provides evidence of efforts made to secure another patient care team physician and of access to physician input. At the conclusion of the second 60-day period, provided that the advanced practice registered nurse provides evidence of the continued efforts to secure another patient care team physician and of access to physician input, the designee or his alternate of the Boards may grant permission for the advanced practice registered nurse to continue practicing under the management and leadership of a nurse practitioner licensed by the Boards of Medicine and Nursing who (i) meets the requirements of subsection I, (ii) routinely practiced with a patient population and in a practice area within the category for which the advanced practice registered nurse was certified and licensed, and (iii) has been authorized to practice without a written or electronic practice agreement for at least three years.

  

2.      §54.1-2957(I) 

The clinical experience requirement to apply for the autonomous practice designation will decrease from 5 years to 3 years.  Autonomous practice applications and the accompanying fees received on or before June 30, 2024, will be required to include documentation of 5 or more years of clinical experience; applications and fees received on or after July 1, 2024, will be required to include documentation of 3 or more years of clinical experience.  The revised application form will be available on or after 7/1/2024 on the BON website and must accompany the fee for processing under the amended statute.

 

I. A nurse practitioner who has completed the equivalent of at least five three years of full-time clinical experience, as determined by the Boards, may practice in the practice category in which he is certified and licensed without a written or electronic practice agreement upon receipt by the nurse practitioner of an attestation from either (i) the patient care team physician or (ii) an attesting nurse practitioner who assumed management and leadership of a nurse practitioner pursuant to subsection G and has met the requirements of this subsection for at least three years stating (i) (a) that the patient care team physician or attesting nurse practitioner has served as a patient care team physician or attesting nurse practitioner, respectively, on a patient care team with the nurse practitioner pursuant to a practice agreement meeting the requirements of this section and § 54.1-2957.01; (ii) (b) that while a party to such practice agreement, the patient care team physician or attesting nurse practitioner routinely practiced with a patient population and in a practice area included within the category for which the nurse practitioner was certified and licensed; and (iii) (c) the period of time for which the patient care team physician or attesting nurse practitioner practiced with the nurse practitioner under such a practice agreement. A copy of such attestation shall be submitted to the Boards together with a fee established by the Boards. Upon receipt of such attestation and verification that a nurse practitioner satisfies the requirements of this subsection, the Boards shall issue to the nurse practitioner a new license that includes a designation indicating that the nurse practitioner is authorized to practice without a practice agreement. In the event that a nurse practitioner is unable to obtain the attestation required by this subsection, the Boards may accept other evidence demonstrating that the applicant has met the requirements of this subsection in accordance with regulations adopted by the Boards. 

Please direct questions related to these changes to nursebd@dhp.virginia.gov.