AN ACT ESTABLISHING A NURSE LICENSURE COMPACT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2006) The Interstate Nurse Licensure Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

ARTICLE I. Policy and Purpose

(a) The party states find that:

(1) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;

(2) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;

(3) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's healthcare delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;

(4) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; and

(5) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.

(b) The general purposes of this Compact are to:

(1) Facilitate the states' responsibility to protect the public's health and safety;

(2) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;

(3) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;

(4) Promote compliance with the laws governing the practice of nursing in each jurisdiction;

(5) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.

ARTICLE II. Definitions

As used in this compact:

(1) "Board" means the party state's regulatory body responsible for issuing nurse licenses.

(2) "Information system" means the coordinated licensure information system.

(3) "Primary state of residence" means the state of a person's declared, fixed permanent and principal home for legal purposes, or domicile.

(4) "Public" means any individual or entity, but does not include designated staff or representatives of the board or the National Council of State Boards of Nursing, Inc.

ARTICLE III. Issuance of Nurse Licenses by a Compact Party State

(a) Effective July 1, 2006, no applicant for initial licensure will be issued a compact license granting a multi-state privilege to practice unless the applicant first obtains a passing score on the applicable National Council Licensure Examination or its predecessor examination used for licensure.

(b) A nurse applying for a license in a home party state shall produce evidence of the nurse's primary state of residence. Such evidence shall include a declaration signed by the applicant. Further evidence that may be requested may include, but need not be limited to:

(1) A driver's license denoting the applicant's home address;

(2) A voter registration card displaying the applicant's home address; or

(3) A federal income tax return declaring the applicant's primary state of residence.

(c) A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multi-state licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed thirty days.

(d) The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance and the thirty-day period in subsection (c) of this Article shall be stayed until resolution of the pending investigation.

(e) The former home state license shall no longer be valid upon the issuance of a new home state license.

(f) If a decision is made by the new home state denying licensure, the new home state shall notify the former home state not later than ten business days after the decision and the former home state may take action in accordance with that state's laws and rules.

ARTICLE IV. Limitations on multi-state licensure privilege

Home state boards shall include in all licensure disciplinary orders and agreements that limit practice or require monitoring the requirement that the licensee subject to said order or agreement will agree to limit the licensee's practice to the home state during the pendency of the disciplinary order or agreement. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state boards.

ARTICLE V. Information system

(a) The public shall have access to nurse licensure information limited to:

(1) The nurse's name;

(2) Jurisdiction(s) of licensure;

(3) License expiration dates;

(4) Licensure classifications and statuses;

(5) Public emergency and final disciplinary actions, as defined by contributing state authority; and

(6) The status of multi-state licensure privileges.

(7) Nonparty state boards shall have access to all information system data except current significant investigative information and other information, as limited by contributing party state authority.

(8) Party state boards shall have access to all information system data contributed by the party states and other information, as limited by contributing nonparty state authority.

(b) The licensee may make a request, in writing, to the home state board to review the data relating to the licensee in the information system. In the event a licensee asserts that any data relating to him or her is inaccurate, the burden of proof shall be upon the licensee to provide evidence that substantiates such claim. Not later than ten business days after receiving evidence that substantiates a claim by a licensee that data relating to the licensee in the information system is inaccurate, the board shall verify and correct the inaccurate data in the information system.

(c) The board shall report to the information system not later than ten business days after:

(1) Disciplinary action, agreement or order requiring licensee participation in alternative programs or that limit practice or require monitoring, except agreements and orders relating to participation in alternative programs required to remain confidential by contributing state authority;

(2) Dismissal of a complaint by a licensee; and

(3) Changes in status of disciplinary action, or licensure encumbrance.

(d) Current significant investigative information shall be deleted from the information system not later than ten business days after a report of disciplinary action, agreement or order requiring licensee participation in alternative programs or agreements that limit practice or require monitoring or dismissal of a complaint.

(e) Changes to licensure information in the information system shall be completed not later than ten business days after receiving notification of such change from a board.

Statement of Purpose:

To establish a nurse licensure compact.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]