Esta ley enmienda la Ley Núm. 9 de 11 de octubre de 1987, conocida como la "Ley para Reglamentar la Práctica de la Enfermería en el Estado Libre Asociado de Puerto Rico". Específicamente, modifica las subsecciones
(d) y
(g) de la Sección 8 para aumentar el número de oportunidades que se otorgan a los candidatos para obtener una licencia provisional de la Junta Examinadora de Enfermeras y Enfermeros. La enmienda permite hasta cuatro (4) oportunidades consecutivas para aprobar el examen de reválida y, después de estas, permite repetir los exámenes correspondientes indefinidamente según lo establezca el reglamento de la Junta, aunque sin derecho a licencia provisional.
| (H. B. 3819) | |
|---|---|
| (No. 319) |
(Approved December 28, 2003)
To amend subsections
(d) and
(g) of Section 8 of Act No. 9 of October 11, 1987, as amended, known as an "Act to Regulate the Practice of Nursing in the Commonwealth of Puerto Rico," to increase the number of opportunities granted to obtain a provisional license from the Board of Nurse Examiners; and for other purposes.
Act No. 9 of October 11, 1987 was approved by the Legislature of the Commonwealth of Puerto Rico to regulate the practice of Nursing in this jurisdiction; revoke Act No. 121 of June 30, 1965, as amended, and provide on matters pertaining to the issuing of licenses and certificates to the members of said profession.
Currently, most professions in Puerto Rico are duly regulated. To such purposes, this Legislature has approved laws providing the approval of provisional licenses for innumerable professions, granting, by statute, a definite number of opportunities to candidates for licensing. To wit, three (3) provisional licenses are granted to respiratory care technicians and to physical therapists, and occupational therapists are granted up to five (5) provisional licenses.
Act No. 81 of March 10, 2003, provides an amendment to Act No. 9, supra, to increase the opportunities for nurses to obtain a provisional license, from two (2) to four (4) opportunities. However, said amendment was incomplete, since it did not amend subsection
(g) of Section 8 of the Act,
with regard to the opportunities to take the revalidation examination. This Legislature intends to correct the abovementioned statute to enable nursing professionals who do not pass the revalidation examination after the four (4) attempts they are given, so that they may repeat the corresponding examination indefinitely, as established in the regulations of the Board, although they may not be granted a provisional license.
The Legislature of the Commonwealth of Puerto Rico, acknowledging the importance of nursing professionals in our health system, hereby amends the pertinent provisions of Section 8 of Act No. 9 of October 11, 1987, as amended, and does justice to the future nursing professionals, who are an indispensable part of the health of our people.
Section 1.-Subsections
(d) and
(g) of Section 8 of Act No. 9 of October 11, 1987, as amended, known as an "Act to Regulate the Practice of Nursing in the Commonwealth of Puerto Rico" is hereby amended to read as follows: "Section 8.- Board of Examiners - Faculties and Duties The Board shall have the following faculties and duties:
(a) ... ...
(d) Shall grant provisional licenses to female and male nurses of educational programs accredited by the Council on Higher Education and the Department of Education, as pertinent. The candidate shall have up to four (4) consecutive opportunities to approve the examinations, as of the date of convocation to examination by the Board and as provided by Section 15 of this Act. The Board shall cancel the provisional license after these four (4) opportunities. This
shall apply to all nursing professionals who request the revalidation examination. Nursing professionals who, at the time this Act takes effect, already have two (2) expired licenses shall be granted two (2) additional opportunities; those who have one (1) expired license shall receive three (3) additional opportunities.
(e) ...
(f) ...
(g) Prepare and administer revalidation examinations. An applicant who does not pass the same after the four (4) attempts that are offered, may repeat the corresponding examinations indefinitely, as established in the regulations of the Board. $\qquad$
(q) ..." Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 319 (H.B. 3819) of the $6^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend subsections
(d) and
(g) of Section 8 of Act No. 9 of October 11, 1987, as amended, known as an "Act to Regulate the Practice of Nursing in the Commonwealth of Puerto Rico," to increase the number of opportunities granted to obtain a provisional license from the Board of Nurse Examiners; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $27^{ ext {th }}$ of October of 2004.
Elba Rosa Rodríguez-Fuentes Director