Nursing Practice Act 1995
TITLE 19 – REGULATION OF PROFESSIONS AND OCCUPATIONS
CHAPTER 2 - NURSING PRACTICE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NURSING PRACTICE ACT 1995
Arrangement of Sections
Section Page
PART I- SHORT TITLE; PURPOSE; DEFINITIONS 3
§201. Short Title. ............................................................................................................................. 3
§202. Purpose. ................................................................................................................................. 3
§203. Interpretation; Definitions. .................................................................................................. 3
§204. Application. ........................................................................................................................... 6
PART II- THE BOARD 6
§205. Establishment of the Board. ................................................................................................ 6
§206. Composition. ......................................................................................................................... 6
§207. Term of Office; Qualifications. ........................................................................................... 6
§208. Appointment, Vacancies, Removal, Suspension. ............................................................. 7
§209. Remuneration of Members. ................................................................................................ 8
§210. Immunity. .............................................................................................................................. 8
§211. Administrative Support....................................................................................................... 9
§212. Powers and Duties ............................................................................................................... 9
§213. Advisory Committees. ....................................................................................................... 11
PART III- LICENSURE 11
§214. General; Mode of Licensing. ............................................................................................. 11
§215. Qualifications of Nurse Applicants. ................................................................................ 12
§216. Qualifications of Nurse Practitioners. ............................................................................. 13
§217. Temporary License. ............................................................................................................ 13
§218. Limited License. .................................................................................................................. 13
§219. Renewal of License. ............................................................................................................ 13
§220. Reinstatement of Lapsed Licenses. .................................................................................. 14
§221. Duties of Licensees. ........................................................................................................... 14
§222. Titles and Abbreviations. .................................................................................................. 15
PART IV - NURSING EDUCATION PROGRAMS 15
§223. Approval Standards. ......................................................................................................... 15
§224. Approval Required. ........................................................................................................... 15
§225. Periodic Evaluation of Nursing Programs. .................................................................... 16
§226. Denial or Withdrawal of Approval. ................................................................................ 16
§227. Reinstatement of Approval. ............................................................................................. 16
§228. Provisional Approval. ....................................................................................................... 16
§229. Conditional Approval. ...................................................................................................... 16
PART V- DISCIPLINARY CONTROLS 16
§230. Violations. ........................................................................................................................... 16
§231. Exceptions. .......................................................................................................................... 17
§232. Penalties. ............................................................................................................................. 18
§233. Authority. ............................................................................................................................ 18
§234. Procedure. ........................................................................................................................... 19
PART VI - NURSING BOARD FUND; FEES 19
§235. The Nursing Board Fund. ................................................................................................. 19
§236. Payments Into the Fund. ................................................................................................... 20
§237. Payments Out of the Fund. ............................................................................................... 20
§238. Budget. ................................................................................................................................. 20
§239. Accounts and Records. ...................................................................................................... 20
§240. Establish Fees. ..................................................................................................................... 21
§241. Disposition of Fees. ............................................................................................................ 21
PART VII- MISCELLANEOUS 21
§242. Regulations. ........................................................................................................................ 21
§243. Repealer and Transition. ................................................................................................... 21
TITLE 19 – REGULATION OF PROFESSIONS AND OCCUPATIONS
CHAPTER 2 - NURSING PRACTICE
sRepublic of the Marshall Islands
Jepilpilin Ke Ejukaan
NURSING PRACTICE ACT 1995
AN ACT to provide an updated Nursing Practice Act for the Republic and repeal
the current law.
Commencement: February 28, 1995
Source: P.L. 1995-116
PART I- SHORT TITLE; PURPOSE; DEFINITIONS
§201. Short Title.
This Chapter may be cited as the Nursing Practice Act 1995.[P.L. 1995-116. §1.]
§202. Purpose.
The Nitijela of the Republic of the Marshall Islands finds that the practice of
nursing by competent persons is necessary for the protection of the public
health, safety and welfare and that the various levels of practice within the
nursing profession should be regulated and controlled, in the public
interest. Therefore, it is the legislative purpose of this Chapter to promote,
preserve, and protect the public health, safety, and welfare by and through
the effective control and regulation of the practice of nursing and of the
educational preparation of this practice. [P.L. 1995-116, §2.]
§203. Interpretation; Definitions.
In this Chapter, unless the context otherwise requires:
(a) “Board” means the Marshall Islands Board of Nurse
Examiners;
(b) “Other Board” means a comparable regulatory agency in any
U.S.-related Pacific Basin island nation, U.S. State, Territory of
commonwealth, or a foreign country.
(c) “Minister” means the Minister in charge of the subject of
Health and Environment;
(d) “License” means a current document permitting the practice
of nursing as specified under this Chapter.
(e) “Practice of Nursing” means assisting individuals or groups
to maintain or attain optimal health, implementing a strategy
of care to accomplish defined goals, and evaluating responses
to care and treatment. This practice includes, but is not limited
to, initiating and maintaining comfort measures, promoting
and supporting human functions and responses, establishing
an environment conducive to well-being, providing health
counseling and teaching, and collaborating on certain aspects
of the health regimen. This practice is based on understanding
the human condition across the life span and understanding
the relationship of the individual within the culture and
environment.
(f) “Registered Nursing” means the practice of the full scope of
nursing which includes, but is not limited to:
(i) Assessing the health status of individuals and groups;
(ii) Establishing a nursing diagnosis;
(iii) Establishing goals to meet identified health care needs;
(iv) Planning a strategy of care;
(v) Prescribing nursing intervention to implement the
strategy of care;
(vi) Implementing the strategy of care;
(vii) Delegating nursing interventions that may be
performed by others and that do not conflict with this
Chapter;
(viii) Maintaining safe and effective nursing care rendered
directly or indirectly;
(ix) Evaluating responses to interventions; nursing;
(x) Teaching the theory and practice of nursing;
(xi) Managing and supervising the practice of nursing:
(xii) Collaborating with other health professionals in the
management of health care; and
(xiii) Practicing advance clinical nursing in accordance with
knowledge and skills acquired through postgraduate
and specialty training.
(g) “Licensed Practical Nursing” means practice of a directed
scope of nursing practice which includes, but is not limited to:
(i) Contributing to the assessment of the health status of
individuals and groups;
(ii) Participating in the development and modification of
the strategy of care;
(iii) Implementing the appropriate aspects of the strategy of
care as defined by established standards of nursing and
patient care;
(iv) Maintaining safe and effective nursing care rendered
directly or indirectly;
(v) Participating in the evaluation of responses to
interventions; and
(vi) Delegating nursing interventions that may be
performed by others and that do not conflict with this
Chapter.
(The Licensed Practical Nurse functions at the direction of the
Registered Nurse, licensed physician or licensed dentist in the
performance of activities delegated by that health care
professional.)
(h) “Nurse Practitioner” means a Registered Nurse who is
authorized to provide management of mental and physical
health care in a specialty area of practice, the scope of which
shall be based upon educational preparation and the accepted
scope of professional practice of the particular specialty area.
Such management is to be provided through integration of
health maintenance, disease prevention, physical diagnosis,
and treatment of common episodic and chronic problems,
including pregnancy, in primary health care in collaboration
with physicians and other health care professions and
agencies. [P.L. 1995-116, §3.]
§204. Application.
Nothing contained in this Chapter shall be construed as authorizing any
person to practice any medical, surgical, dental or other profession not
expressly provided for in this Chapter. [P.L. 1995-116, §4.]
PART II- THE BOARD
§205. Establishment of the Board.
There is hereby established a board of nurse examiners within the Ministry
of Health and Environment for the purpose of regulating the practice of
nursing and promoting a standard of nursing service. [PL. 1995-116, §5.]
§206. Composition.
The Board shall consist of seven members as follows;
(a) three registered nurses of whom one shall be from Public
Health, one from Ebeye and one from Clinical Nursing;
(b) one licensed practical nurse;
(c) one registered nurse faculty from the School of Nursing;
(d) one nurse-midwife or nurse-practitioner; and
(e) one health consumer at large. [P.L.1995-116, §6.]
§207. Term of Office; Qualifications.
(1) A member shall hold office for a period of two years and shall, unless
removed from office under Subsection 208(3), be eligible for
reappointment but for not more than two consecutive terms. The
completion of an unexpired portion of a full term shall not constitute
a full term for purposes of this section. Any board member initially
appointed for less than a full term shall be eligible to serve two (2)
additional consecutive full terms.
(2) Each Registered Nurse, Licensed Practical Nurse, Nurse Midwife or
Nurse Practitioner who serves as a Board member shall be a citizen of
the Marshall Islands currently residing within the Republic, and
(a) shall be licensed in good standing under the provisions of this
Chapter;
(b) shall be currently engaged in the practice of nursing; and
(c) shall have had no fewer than three (3) years of experience
practicing in the Marshall Islands immediately prior to
appointment.
(3) The public member on the Board shall be a citizen of the Marshall
Islands, not be a member of any health, medical, surgical or dental
profession, not be a student in a health educational program; shall
have no direct or indirect financial interest in health care services; not
be a member or employee of any board of control of any public or
private health care organization; and has at least a high school
diploma or its equivalent. [P.L. 1995-116, §7.]
§208. Appointment, Vacancies, Removal, Suspension.
(1) Appointment of Board member(s) shall take place according to the
following:
(a) The Marshall Islands Nursing Association shall prepare and
submit to the Minister a list of names of candidates nominated
by that association to serve as members of the Board. Such list
shall contain the names of at least six Registered Nurses, two
Licensed Practical Nurses, two Nurse Midwives or Nurse
Practitioners, and three health consumers representing the
general public.
(b) Each candidate shall signify by placing his signature against
his nomination in the list, his consent to serve as a member of
the Board.
(c) The Minister shall appoint members to the Board selected form
the list referred to in paragraph (a) in such manner as will
secure representation to the several categories of persons
mentioned in Section 206.
(d) The members of the Board holding office on the effective date
of this Chapter shall serve as members for their respective
terms.
(2) Any vacancy in the membership of the Board caused by death,
resignation, removal or otherwise shall be filled for the period of the
unexpired term in the manner provided in paragraphs (a), (b) and (c)
of Subsection (1) of this Section.
(a) If a replacement appointment has not been made, the term of
the member shall be extended until a replacement is made.
(b) The performance of the functions or the exercise of the powers
of the Board shall not be affected by reason of there being a
vacancy or vacancies in the membership of the Board.
(3) The Minister may, on a recommendation of the Board supported by
documentary evidence to his satisfaction, remove any member of the
Board from office on the grounds of neglect of duty, incompetency,
unprofessional or disreputable conduct, conviction for a felony or
misdemeanor, or for any other reasonable cause. The Minister’s
decision to remove a member from office for good cause shall be final
and conclusive.
(4) Where any criminal or disciplinary investigations or proceedings are
commenced in respect of or against any Board member, the Minister
may, upon recommendation of the Board. suspend such member
from office until the conclusion of such investigations or proceedings.[P.L. 1995-116, §8.]
§209. Remuneration of Members.
The members of the Board shall not be entitled to receive any salary,
remuneration or other compensation for their services except
reimbursement for necessary expenses duly incurred by them in the
performance of their official duties. [P.L. 1995-116, §9.]
§210. Immunity.
(1) All members of the Board shall have immunity from individual civil
liability for acts within the scope of their duties as Board members.
(2) In the event that the entire Board, an individual member or staff is
sued for acts within the scope of the duties of the Board, a member,
or staff, the Attorney General shall represent the involved party.
(3) Any member of the Board or professional review committee
authorized by the Board, and any witness appearing before the
Board, a hearing officer, or such a professional review committee,
shall be immune from suit in any civil action taken by a licensee who
is the subject of a professional review proceeding. [P.L. 1995-116, §10.]
§211. Administrative Support.
The Minister shall prove such administrative support to the Board as shall
be necessary for the due and efficient conduct of its affairs. [P.L. 1995-116, §11.]
§212. Powers and Duties
(1) The Board shall meet annually and shall elect a president and other
officers as determined in its rules The Board may hold such other
meetings during the year as may be necessary to conduct its business.
A majority of the Board, which must include at least one (1) officer,
shall constitute a quorum at any meeting.
(2) It shall be the duty of the Board to advise the Minister on any or all of
the matters described under this Chapter and on any other matter
that may be referred to the board by the Minister for advice.
(3) The Board is authorized to:
(a) make, adopt, amend, repeal and enforce such Administrative
Rules consistent with law as it deems necessary for the proper
administration and enforcement of this Chapter and to protect
the public health, safety, and welfare;
(b) enforce qualifications for licensure;
(c) develop and enforce reasonable and uniform standards for
nursing practice and nursing education;
(d) examine, license and renew the licenses of duly qualified
individuals;
(e) develop standards to assure the continued competency of
licensees continuing in or returning to practice;
(f) collect data regarding nursing;
(g) implement a disciplinary process;
(h) regulate the manner in which nurses announce their practice
to the public;
(i) issue a limited license to practice nursing subject to such terms
and conditions as the Board may impose;
(j) notify all licensees annually about changes in law and rules
regarding nursing practice;
(k) submit an annual report to the Cabinet and the Nitijela
through the Minister;
(l) maintain records of its proceedings as required by Marshall
Islands law;
(m) appoint and employ, and prescribe the duties of a qualified
Registered Nurse to serve as executive officer of the Board
provided that such executive officer shall not be member of
the Board;
(n) employ such other persons as may be necessary to administer
the provisions of this Chapter;
(o) provide consultation, conduct conferences, forums, studies
and research on nursing practice and education;
(p) join organizations that develop and regulate nursing licensure
examinations and promote the improvement of the legal
standards of the practice of nursing for the protection of the
public health, safety and welfare;
(q) determine and collect reasonable fees;
(r) receive and expend funds in addition to the administrative
support provided by the Ministry of Health and Environment;
such funds are received and expended for the pursuit of the
authorized objectives of the Board and are maintained as
provided in this Chapter; and periodic reports of the receipts
and expenditures of such funds are submitted to the Minister;
and
(s) adopt a seal which shall be in the care of the executive director
and which shall be affixed only in such a manner as prescribed
by the Board.
(3) This Chapter shall not be construed to require the Board to report
violations of the provisions of the Chapter whenever, in the Board’s
opinion, the public interest will be served adequately by a suitable
written notice of warning. [P.L. 1995-116, §12.]
§213. Advisory Committees.
The Board may appoint advisory committees to assist the Board in the
implementation of this Chapter; members of the advisory committees shall
not be compensated. [P.L. 1995-116, §13.]
PART III- LICENSURE
§214. General; Mode of Licensing.
(1) Each applicant who successfully meets the requirements of this
section shall be entitled to licensure as a Registered Nurse or a
Licensed Practical Nurse, whichever is applicable. A person may be
licensed under this Chapter by examination, registration, or by
endorsement.
(2) Licensure by Examination. The Board may, when deemed necessary
with regard to any applicant or applicants, require a written
examination in such subjects as may be designated by the Board.
Such written examination may be supplemented by an oral
examination and/or evaluation of clinical competency as the Board
sees fit. The Board shall establish in its rules the criteria for meeting
the requirements for licensure by examination including the
requirements for rewriting the examination.
(3) Licensure by Registration. The Board may issue a license to an
appropriately trained applicant who successfully completes a
probationary period of a duration specified by the Board. The Board
shall define by regulation the documents that must be submitted to
determine an applicants training and education, as well as the terms
and conditions of the probationary period.
(4) Licensure by Endorsement. The Board may issue a license without
examination to an applicant who has been duly licensed as a
Registered Nurse or Practical Nurse under the laws of another U.S.-
related Pacific Basin Island Territory or Commonwealth of the U.S., a
State of the U.S., or a foreign country if, in the opinion of the Board,
the applicant meets the qualifications required of nurses in the
Marshall Islands. [P.L. 1995-116, §14.]
§215. Qualifications of Nurse Applicants.
(1) For licensure by examination or registration an applicant:
(a) must be a high school graduate or the equivalent thereof as
approved by the Board;
(b) must be a graduate of a nursing education program approved
by the Board which prepares for the level of licensure being
sought and which is approved by the Board;
(c) if not a graduate of a practical nursing education program,
must have successfully completed courses of theory and
clinical study in an approved professional nursing education
program or a military Corps program to be considered on
individual basis for the practical nursing examinations;
(d) if a graduate of a foreign nursing educational program, must
be proficient in the English language;
(e) must have committed no acts or omissions which are grounds
for disciplinary actions as set forth in Section 230 of this
Chapter, or if the Board finds after investigation that sufficient
restitution has been made; and
(f) if required by the Board, must take and pass an examination
authorized by the Board.
(2) An applicant who has been duly licensed under the laws of a foreign
jurisdiction and who meets the requirements in Subsection (1) of this
Section, may be issued a license by endorsement if the applicant
meets the qualifications required for the level of licensure in the
Marshall Islands at the time of application.
(3) Any person holding a license to practice nursing in the Marshall
Islands that is valid on the effective date of this Chapter shall be
deemed to be licensed under and subject to the provisions of this
Chapter. Such persons shall be eligible for renewal of their license
under the conditions and standards prescribed in Section 219 of this
Chapter. [P.L. 1995-116, §15.]
§216. Qualifications of Nurse Practitioners.
In addition to being licensed as a Registered Nurse under Section 215, the
Board shall establish other criteria and standards for nurse practitioners,
including nurse midwives and other specialty areas, in its rules.[P.L. 1995-116, §16.]
§217. Temporary License.
The Board may issue a temporary license to practice nursing to an applicant
who is currently licensed in another foreign jurisdiction pending the Board’s
final decision on the application, provided that no temporary license shall
be issued for a period exceeding six (6) months and no more than one
temporary license shall be issued to any person. [P.L. 1995-116, §17.]
§218. Limited License.
The Board may issue a limited license to practice nursing in a restricted
manner as designated by the Board, this licensure may be used when the
applicant has met all the requirements for licensure except;
(a) passing an examination as may be required by the Board, (b)
meeting competency requirements as designated by the Board
in its rules; or;
(c) successfully completing the probationary period required for
licensure by registration. [P.L. 1995-116, §18.]
§219. Renewal of License.
(1) The Board shall prescribe by regulation the period of validity of any
license except a temporary license issued under this Chapter,
provided that no license shall be issued for a period exceeding two
(2) years. The Board, in its rules, shall establish a schedule for
renewal of license.
(2) A renewal license shall be issued to a Registered Nurse. Licensed
Practical Nurse, or Nurse practitioner who demonstrates satisfactory
completion of such requirements established by the Board to ensure
continued competence and who remits the required fee.
(3) Failure to renew the license shall result in forfeiture of the right to
practice nursing m the Marshall Islands. [P.L. 1995-116, §19.]
§220. Reinstatement of Lapsed Licenses.
A licensee who has allowed their license to lapse by failure to renew may
apply for reinstatement according to the rules established by the Board.
Upon satisfaction of the requirements for reinstatement, the Board shall
issue a renewal of license. [P.L. 1995-116, §20.]
§221. Duties of Licensees.
Each licensee shall:
(a) In response to Board inquiries, provide information requested
by the Board to perform its duties in regulating and
controlling nursing in order to protect the public health, safety
and welfare. Failure to provide the requested information may
result in non-renewal of the license to practice nursing.
(b) Submit to a physical or mental examination by a designated
physician when directed in writing by the Board for cause. If
requested by the licensee, the licensee may also designate a
physician for an independent medical examination. Refusal or
failure of a licensee to complete such examinations shall
constitute and admission of any allegations relating to such
condition. All objections shall be waived as to admissibility of
the examining physicians testimony or examination reports on
the grounds that they constitute privileged communication.
The medical testimony or examination reports shall not be
used against a Registered Nurse or Licensed Practical Nurse in
another proceeding and shall be confidential. At reasonable
intervals, the nurse shall be afforded an opportunity to
demonstrate that the nurse can resume the competent practice
of nursing with reasonable skill and safety to patients.
(c) Report to the Board those acts or omissions which are grounds
for disciplinary action as set forth in Section 230 of this
Chapter.
(d) Report to the Board every adverse judgment in a professional
or occupational malpractice action to which the licensee is
party, and every settlement of a claim against the licensee
alleging malpractice. [P.L. 1995-116, §21.]
§222. Titles and Abbreviations.
(1) Only those persons who hold a license to practice nursing in the
Marshall Islands shall have the right to use the following title
abbreviations:
(a) Title: “Registered Nurse”; Abbreviation: “RN”;
(b) Title: ‘Licensed Practical Nurse”; Abbreviation: “LPN”.
(2) Any person, who has been approved as an applicant for the licensure
examination or registration, a temporary license, or a limited license,
shall have the right to use the following abbreviations:
(a) Title: “Graduate Nurse”; Abbreviation: “GN”;
(b) Title: “Graduate Practical Nurse”; Abbreviation: “GPN”.
(3) Only those Registered Nurses who meet the criteria and standards of
nurse practitioners as determined by the Board shall have the right to
use a nurse practitioner title. The various categories of nurse
practitioner, their title, and abbreviations shall be designated by the
Board in its rules. [P.L. 1995-116, §22.]
PART IV - NURSING EDUCATION PROGRAMS
§223. Approval Standards.
The Board shall, by administrative rules and regulations, approve the
establishment and conduct of and standards for nursing education
programs, including all clinical facilities used for learning experiences, and
shall survey and approve such programs as meet the requirements of the
Chapter and the Board’s administrative rules and regulations. [P.L. 1995-116, §23.]
§224. Approval Required.
An institution within the Marshall Islands desiring to conduct a nursing
education program shall apply to the Board and submit evidence that its
nursing program is able to meet the standards established by the Board. If,
upon investigation, the Board finds that the program meets the established
standards for nursing education programs, it shall approved the applicant
program. [P.L. 1995-116, §24.]
§225. Periodic Evaluation of Nursing Programs.
The Board shall periodically resurvey and re-evaluate approved nursing
education programs and shall publish a list of approved programs.[P.L. 1995-116, §25.]
§226. Denial or Withdrawal of Approval.
The Board may deny or withdraw approval or take such action as deemed
necessary when nursing education programs fail to meet the standards
established by the Board, provided that all such actions shall be affected in
accordance with the Marshall Islands Administrative Procedures Act (6
MIRC 1) and the administrative rules of the Board. [P.L. 1995-116, §26]
§227. Reinstatement of Approval.
The board shall reinstate approval of a nursing education program upon
submission of satisfactory evidence that its programs meets the standards
established by the Board. [P.L. 1995-116, §27.]
§228. Provisional Approval.
Provisional approval of new programs may be granted pending the
licensure results of the first graduating class. [P.L. 1995-116, §28.]
§229. Conditional Approval.
Conditional approval may be granted to a nursing program which is
working towards meeting the conditions for full approval. The graduates of
conditionally approved programs are eligible for licensure by examination
or registration. [P.L. 1995-116, §29.]
PART V- DISCIPLINARY CONTROLS
§230. Violations.
No person shall:
(a) Engage in the practice of nursing as defined in the Chapter
without a valid, current license, except as otherwise permitted
under this Chapter;
(b) Practice nursing under cover of any diploma, license or record
illegally or fraudulently obtained, signed or issued unlawfully
or under fraudulent representation;
(c) Practice nursing during the time license is suspended,
revoked, surrendered, inactive or lapsed;
(d) Use any words, abbreviations figures, letters, title, sign, card or
device tending to imply that he or she is a Registered Nurse,
Licensed Practical Nurse or Nurse Practitioner unless such
person is duly licensed so to practice under the provisions of
this Chapter:
(e) Fraudulently obtain or furnish a license by or for money or
any other thing of value;
(f) Knowingly employ unlicenced persons in the practice of
nursing;
(g) Fail to report information relating to violations of this Chapter;
(h) Conduct a nursing education program for the preparation of
Registered Nurses or Licensed Practical Nurses unless the
program has been approved by the Board; or;
(i) Otherwise violate or aid or abet another person to violate any
provision of this Chapter. [P.L. 1995-116, §30.]
§231. Exceptions.
No provision in this Chapter shall be construed to prohibit:
(a) gratuitous nursing of the sick by friends or relatives;
(b) incidental care of the sick by persons standing in loco parentis
or by persons primarily employed as housekeepers:
(c) domestic administration of family or traditional remedies or
the practical of traditional arts of healing;
(d) professional or practical nursing services, health assistance
services or midwifery services performed by any physician,
dentist or surgeon or any assistant of such physician, dentist or
surgeon;
(f) the practice of professional or practical nursing, health
assistance or midwifery which forms an integral part of a
student’s training program approved by the Board; or which
forms an integral part of any program leading to qualification
as a physician, dentist or surgeon or a practitioner of any other
healing art not expressly provided for in this Chapter;
(g) the establishment of an independent practice by one or more
licensed nurses for the purpose of rendering to patients
nursing services within the scope o their educational
preparation and the scope of the license to practice, issued by
the Board pursuant to this Chapter, in the extended and
expanded rules of nursing;
(h) to any employees, servants or agents of a foreign government
or recognized international organization or individual present
in the Marshall Islands in connection with any educational
assistance program approved by the government of the
Marshall Islands. [P.L. 1995-116, §31.]
§232. Penalties.
Initial violation of any provision of this Chapter shall constitute a
misdemeanor and each subsequent violation shall constitute a felony.[P.L. 1995-116, §32.]
§233. Authority.
(1) The Board shall have the power to refuse to issue or renew, to
suspend, revoke, restrict, place on condition, place on probation or
reprimand a license for any one or combination of the causes on the
grounds set forth below. Fines of up to 50% of the costs of the
proceedings resulting in the Board action may be imposed.
(2) The Board may take disciplinary action on proof that a licensee:
(a) has procured or attempted to procure by making or causing to
be made a false, fraudulent or forged statement, a license to
practice under this Chapter; or
(b) has procured or attempted to procure by giving or offering a
bribe to any member, or officer or employee of the Board; or
by using undue influence, threat or duress on such member,
officer or employee, a license to practice under this Chapter; or
(c) has been convicted by a court or another board of nursing to a
crime in any jurisdiction that related adversely to the practice
of nursing or to the ability of practice of nursing; or denied to
an individual because of commission of crime: or has resorted
to or attempted to resort to any malpractice at any
examination conducted by the Board for the purpose of
licensure: or has violated any, regulation relating to such
examination: or
(d) has been disciplined by a board of nursing in another
jurisdiction; or
(e) has engaged in any act inconsistent with the standards of
nursing practice as defined by Board rules; or
(f) is unfit or incompetent by reason of ill-health, negligence,
habit or other reasonable cause; or
(g) is guilty of conduct likely to deceive, defraud or harm the
public or any member thereof; or
(h) is habitually intoxicated or addicted to alcohol or drugs; or
(i) has been convicted of a felony or misdemeanor; or
(j) has engaged knowingly in any act which before it was
committed had been determined to be beyond the scope of the
individual’s nursing practice; or
(k) has failed to meet the duties of the licensee as provided in this
Chapter and Board Administrative Rules.
(l) has knowingly or repeatedly violated any of the provisions of
this Chapter or regulations made under this Chapter, or any of
the regulations of the Ministry of Health and Environment as
applied to the nursing profession. [P.L. 1995-116, §33.]
§234. Procedure.
The Board shall establish a discipline process based on the Administrative
Procedures Act of the Marshall Islands. [P.L. 1995-116, §34.]
PART VI - NURSING BOARD FUND; FEES
§235. The Nursing Board Fund.
The Nursing Board Fund (the Fund) is hereby established. The Fund is a
special revenue fund within the National Treasury and under the control
and supervision of the Ministry of Finance. [P.L. 1995-116, §35.]
§236. Payments Into the Fund.
There shall be paid into the Fund:
(1) any money appropriated by the Nitijela for the purposes of the Fund,
as well as all money allocated by the Ministry of Health and
Environment;
(2) all fees, fines, and other sums paid to and collected by the Board; and
(3) all sums, gifts, grants, loans, or investments, from any source which
may, from time to time, be available to the Board. [P.L. 1995-116, §36.]
§237. Payments Out of the Fund.
(1) Payments shall be made out of the Fund for or to the following
purposes:
(a) with respect to monies appropriated by the Nitijela or
allocated by the Ministry of Health and Environment, for the
purposes for which the monies were appropriated or
allocated; and
(b) with respect to fees, fines, and other sums received by the
Board, for any lawful purpose within authority of the Board
provided, however, that sums received for the specific
purpose may and shall only be used for said purpose.
(2) No money may be withdrawn from the Fund except upon the
authority of the Board which shall satisfy itself that the withdrawal is
made in accordance with this Chapter, the budgets prepared
pursuant to Section 238, and any other applicable law. [P.L. 1995-116, §36.]
§238. Budget.
In advance of each financial year the Board shall cause to be prepared a
budget for the withdrawal and expenditure of moneys out of the Fund for
that financial year. The budget may, with the approval of the Board, be
revised from time to tune as the Board deems necessary. [P.L. 1995-116, §38.]
§239. Accounts and Records.
(1) In respect to its assets and transactions, the Board shall maintain
accounts and records in accordance with generally accepted
accounting principles consistently applied.
(2) The Boards accounts shall be audited by the Auditor-General.[P.L. 1995-116, §39.]
§240. Establish Fees.
The Board is authorized to establish appropriate fees for licensure by
examination, re-examination, registration, endorsement, and such other fees
and fines as the Board determines necessary. The Board shall designate a fee
schedule in its rules. [P.L. 1995-116, §40.]
§241. Disposition of Fees.
All fees and fines shall be collected and deposited into the Fund.[P.L. 1995-116, §41.]
PART VII- MISCELLANEOUS
§242. Regulations.
No regulation made by the Board under any provision of this Chapter shall
be valid until it has been approved by the Minister and the Cabinet in
accordance with the Marshall Islands Administrative Procedures Act.[P.L. 1995-116, §42.]
§243. Repealer and Transition.
The Board of Nurse Examiners Act 1984, Title 19 MIRC Chapter 2, is hereby
repealed as of the effective date of this Chapter [28 February 1995]. All rights and
duties that have matured, penalties that were incurred and proceedings that
were begun before the effective date of this Chapter are hereby transferred
to the entity created under this Chapter. [P.L. 1995-116, §43.]