Justification of emergency status:

EMERGENCY RULES 

CHAPTER XXI – RULES AND REGULATIONS REGARDING LIABILITY INSURANCE FOR ADVANCED PRACTICE NURSES ENGAGED IN INDEPENDENT PRACTICE

Basis

The basis for the adoption of the State Board of Nursing emergency rules, Chapter XXI – Rules and Regulations Regarding Liability Insurance for Advanced Practice Nurses Engaged in Independent Practice is C.R.S. 12-38-108(1)(a) and (j) and 24-4-103, C.R.S.  The emergency rules are necessary to comply with the enactment of SB09-0239, codified as C.R.S. section 12-38-111.8 which becomes effective July 1, 2009.

Purpose

The proposed emergency rules implement the statutory requirements for all Advanced Practice Nurses engaged in independent practice of “Advanced Practice Nursing” as defined by section 12-38-103(8.5)(a), C.R.S., requiring professional liability insurance in an amount no less than five hundred thousand ($500,000) dollars per claim with an aggregate liability for all claims during the year of one million five hundred ($1,500,000) thousand dollars.

Justification

The Board finds that the immediate adoption of Chapter XXI rules is imperatively necessary to comply with state law, C.R.S. section 12-38-111.8, effective July 1, 2009, and for the preservation of public health, safety, and welfare, and that compliance with permanent rulemaking requirements at this time under section 24-4-103 C.R.S., would be contrary to the public interest.