Friday, April 17, 1998 | 5:43 a.m.
CARSON CITY -- The Nevada Legislative Commission Friday sidetracked a proposed state regulation that would have required nurses to meet certain physical standards before getting or renewing their licenses.
The commission told the state Board of Nursing to "go back to the drawing board" with its proposed regulation and to work more closely with nurses who vigorously opposed the plan.
Diana Lombardo, president of the Nevada Nurses Association, told the commission the proposed regulations violate the Americans with Disabilities Act and no other state licensing board requires the proposed physical eligibility rules.
She said the skill of a nurse should be assessed on "knowledge and judgment rather than physical ability."
But Kathy Apple, executive director of the nursing board, said these proposed regulations comply with the federal disability law. These are no different than the state Department of Motor Vehicles and Public Safety when it puts conditions on a drivers license.
She said nurses who didn't meet all the criteria could still receive limited licenses, and this would help those with disabilities to get licenses since it sets standards and allows for the restricted permits.
And these regulations protect the public, Apple said.
But some nurses fear these limited licenses would mean lower pay.
Under the proposed rule, the "essential eligibility requirements" for a license for nursing would include the ability to "bend, climb, crawl, lift, reach, sit, squat, stand, twist and walk for the periods required to perform the duties of the nursing position."
It would require a proficiency in the written and oral expression of English and the ability to perform basic mathematical functions, carry out written and oral instructions and read, write, record and report medical and other information.
Assemblyman Brian Sandoval, R-Reno, said this proposed regulation was beyond the scope of a 1997 law and it would eliminate licenses for many nurses who are capable of giving care.
Sen. Mark James, R-Las Vegas, predicted that the regulations, if adopted, would end up in a court fight over the interpretation of the language.
The commission declined to approve the regulation and sent it to its health care committee, headed by Sen. Ray Rawson, R-Las Vegas, who wanted to hold a full hearing on the issue. Some lawmakers indicated there won't be any action on this until the 1999 Legislature.
Deborah LaFave, a registered nurse working at both Desert Springs and Sunrise Hospitals in Las Vegas, suggested that professional competency is measured by training, testing and experience, not physical capacity.
"Those of you who are lawyers, doctors, CPAs: can you imagine having your license restricted because you broke you leg on a ski trip? And couldn't 'squat, bend, crawl,?"
"You might lose time off work, but not have your license limited," LaFave said.
"If these regulations were enacted, every nurse who sprains her back transferring a patient will have to ask herself: 'Do I dare report this? Will my license get restricted if I do report this? And will I be in violation of my license if I don't report this."
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