La. Admin. Code tit. 46 § XLVII-4303

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLVII-4303 - Employment of Student Nurses and Unsuccessful Candidates on the State Board Licensing Examination (NCLEX-RN)

A. Students in nursing and unsuccessful candidates on the licensing examination employed in nursing settings shall only be employed as unlicensed persons and cannot legally perform, nor be assigned nursing duties other than those allowable to other unlicensed nursing personnel.

B. To assist these individuals to be employed in an acceptable position whereby they contribute to patient care and yet do not jeopardize the welfare of the patient nor legally implicate themselves or their employing institution, the board has adopted the following policies.

1. The employer shall:

a. document the unlicensed status of these individuals;

b. review the written job description with the employee;

c. provide proper orientation to and training for the position;

d. make no distinction between the student of nursing, the unsuccessful candidate for registered nurse licensure, and any other unlicensed nursing personnel in regard to the delegated responsibilities and functions;

e. inform all nursing personnel that the student of nursing and the unsuccessful candidate have no legal right to function in any nursing capacity reserved for the licensed nurse.

2. Employers shall not jeopardize the potential for licensure of the student in nursing or the unsuccessful candidate for licensure in order to augment their staffing. The future professional careers of these individuals are at stake.

La. Admin. Code tit. 46, § XLVII-4303

Promulgated by the Department of Health and Human Resources, Board of Nursing, LR 3:421 (October 1977), amended by the Department of Health and Hospitals, Board of Nursing, LR 24:1293 (July 1998).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:918.