Alabama. Board of Nursing

Authorities:

Alabama Official and Statistical Register, 1979.

Acts 1915, No.207, p.271.

Acts 1939, No.487, p.700.

Acts 1965, No. 867, p.1615.

Acts 1982, No. 82-149, Sec.1-3.

In 1915, the Board of Nurses' Examiners for the State of Alabama was created. The board consisted of five members who were appointed by the Governor, three of whom were graduate nurses and two of whom were licensed physicians. Each member of the board was authorized to serve a term of three years, and until his/her successor was appointed and qualified. (Acts 1915, No. 207, Sec. 1-3).

Additionally, the "originating act" made provisions for the legal constitution of a quorum, adoption of a department seal, as well as salaries for the original board members. Furthermore, the act emphatically stated that the board was legally empowered to appoint/employ all personnel deemed necessary to the administration, expedition and perpetuation of its previously authorized and allocated duties/functions. (Acts 1915, No. 207, Sec. 3-5)

The Board of Nurses' Examiners was empowered to certify and/or register all persons seeking such actions under the "originating act", to administer certification examinations to applicants for nursing certificates, to set standards for entry into the field of nursing in the State of Ala; to revoke any certificate of registration for incompetency, dishonesty, intemperance, immorality or unprofessional conduct after a full and fair investigation of the charges preferred against the accused, and to execute all other activities, duties, functions deemed necessary and expedient to the administration, expedition, and perpetuation of the said board's duties/functions. (Acts 1915, No. 207, Sec. 5-12)

In 1939, the previously authorized Board of Nurses' Examiners was renamed. The new board, known as the Board of Nurses' Examiners and Registration retained all of the duties of the previously authorized board; however , the composition of the board increased to seven members. The President of the Alabama State League of Nursing Education and the President of the Alabama State Nurses Association served as ex-officio members resulting in the increased number of members. (Acts 1939, No. 487, Sec. 1-3)

In 1965, the Board of Nurses' Examiners and Registration was legally abolished, its powers, duties, and functions assumed by the newly created Board of Nursing. The newly created Board of Nursing consisted of the six members whose qualifications and terms of office were provided for by the "originating act". The Board of Nursing, as called for in the "originating act", was empowered to adopt and revise such rules and regulations not consistent with law, as may have been necessary to enable it to expedite the provisions of the "originating act", to prescribe standards and approve curricula for educational programs preparing persons for licensure, to provide for surveys and evaluations of such programs at such times as it may have deemed necessary, to approve such programs as met the requirements of the board, to deny or withdraw approval from educational programs for failure to meet prescribed standards, to examine, license. and renew the licenses of duly qualified applicants and require employees to submit listings of personnel to the board upon request, and to exercise all powers, duties, and functions deemed necessary and proper to the administration, expedition, and perpetuation of the board's programs regarding the regulation of nursing in the State of Ala. (Acts 1965, No. 867, Sec.1-3)

The originating act also made provisions for the creation of an Advisory Council for Practical Nursing, renewal of licenses, funding of the board, as well as the disciplinary powers of the board. (Acts 1965, N0. 867, Sec. 4-11)

The Board of Nursing provides for the regulation and approval of schools of nursing and for the examinations, regulation, and licensing of professional and practical nurses. (Alabama Government Manual, 1982)

The board consists of nine members appointed by the Governor. Six members must be licensed professional nurses. These members are appointed from a list of at least two nominees for each position submitted by the Board of Directors of the Alabama State Nurses Association. They must be citizens of the U.S., residents of Ala., and graduates of a state-approved educational program for the preparation of professional nurses. They must have had a minimum of five years of successful nursing experience in an administrative or a teaching capacity and be actively engaged in professional nursing at the time of appointment. (Alabama Government Manual, 1982)

The other three members of the board are licensed practical nurses. Two are appointed from a list of at least two nominees for each position submitted by the Board of Directors of the Licensed Practical Nurses Association of Ala. One is appointed from a list of at least two nominees submitted by the Board of Directors of the Licensed Practical Nurse Association, Inc. These members must be citizens of the U.S., residents of Ala., graduates of a state-approved vocational-educational program for the preparation of licensed practical nurses in Ala. They must hold diplomas from accredited high schools or equivalent, have had a minimum of five years of successful nursing experience, and be actively engaged in licensed practical nursing in Ala. immediately preceding appointments. (Alabama Government Manual, 1982)

Members of the Board of Nursing serve staggered terms of office. They may be removed by the Governor for cause. The Board meets at least once a year and may hold additional meetings if necessary. Members receive thirty dollars per day, plus expenses as provided by law when performing official duties. A majority of the board, including one officer, constitutes a quorum. (Alabama Government Manual, 1982)

Currently the board prescribes minimum standards for the courses of study for schools of nursing and appoints consultants and inspectors to assist the schools in meeting and maintaining these standards. It surveys and approves educational programs in nursing offered by institutions in the state. (Alabama Government Manual, 1982)

The board examines, licenses and renews the licenses of qualified applicants for professional or practical nursing. It may discipline a licensee, revoke, or suspend a license when full investigation reveals a violation as defined by the law. (Alabama Government Manual, 1982)

It also conducts hearings upon charges calling for discipline of a licensee or revocation of a license and has the power to issue subpoenas, compel the attendance of witnesses, and administer oaths to persons giving testimony at hearings. (Alabama Government Manual, l982)

The board evaluates applicants who are licensees in all other states and may endorse and license them to practice in Ala. if they meet requirements for licensure as defined by law. (Alabama Government Manual, 1982)

The Board may conduct or foster educational campaigns in public health and nursing and otherwise promote the improvements of nursing and public health in Ala. Additionally, the board makes an annual report to the Governor. (Alabama Government Manual, 1982)

The Board of Nursing elects a president, a vice president and a seceretary from its membership. The Board appoints an executive officer, who shall not be a member of the board. This official must be a citizen of the U.S. and a person of the highest integrity, a licensed professional nurse in Ala; a graduate of an approved professional nursing program, and a person with varied experience in nursing, including at least five years in an administrative or teaching capacity. The executive officer is not subject to the merit system. (Alabama Government Manual, 1982)

In addition, the board may employ other necessary persons, subject to the merit system. It may also employ consultants, specialists, counsel, or other specially qualified persons under contract or on a part-time basis, without regard to the merit system. The board receives annual appropriations from the Board of Nursing Fund, which is derived from fees collected by the board. (Alabama Government Manual, 1982)

In 1982, the Alabama Sunset Committee, pursuant to the Alabama Sunset Law, met and reviewed the need for the board's continued existence. The committee voted to continue the board's operation, subject to future evaluations by said committee. (Acts 1982, No.82-149, Sec. 1-3)

The board has no legally authorized nor informal divisions. (Alabama Government Manual, 1982)