Text: HSB00142                          Text: HSB00144
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 143

Bill Text

PAG LIN
  1  1    Section 1.  Section 152.6, Code 1999, is amended to read as
  1  2 follows:
  1  3    152.6  LICENSES – PROFESSIONAL ABBREVIATIONS.
  1  4    The board may license a natural person to practice as a
  1  5 registered nurse or as a licensed practical nurse.  However,
  1  6 only a person currently licensed as a registered nurse in this
  1  7 state may use that title and the abbreviation "RN" after the
  1  8 person's name and only a person currently licensed as a
  1  9 licensed practical nurse in this state may use that title and
  1 10 the abbreviation "LPN" after the person's name.  For purposes
  1 11 of this section, "currently licensed" includes persons
  1 12 licensed in another state and recognized for licensure in this
  1 13 state pursuant to the nurse licensure compact contained in
  1 14 section 152E.1.
  1 15    Sec. 2.  Section 152.8, Code 1999, is amended by striking
  1 16 the section and inserting in lieu thereof the following:
  1 17    152.8  RECIPROCITY.
  1 18    Notwithstanding the provisions of sections 147.44 through
  1 19 147.54, the following shall apply regarding applicants for
  1 20 nurse licensure possessing a license from another state:
  1 21    1.  A license possessed by an applicant from a state which
  1 22 has not adopted the nurse licensure compact contained in
  1 23 section 152E.1 shall be recognized by the board under
  1 24 conditions specified which indicate that the licensee meets
  1 25 all the qualifications required under section 152.7.  If a
  1 26 foreign license is recognized, the board may issue a license
  1 27 by endorsement without an examination being required.
  1 28 Recognition shall be based on whether the foreign licensee is
  1 29 qualified to practice nursing.  The board may issue a
  1 30 temporary license to a natural person who has completed the
  1 31 requirements of and applied for licensure by endorsement.  The
  1 32 board shall determine the length of time a temporary license
  1 33 shall remain effective.
  1 34    2.  A license possessed by an applicant and issued by a
  1 35 state which has adopted the nurse licensure compact contained
  2  1 in section 152E.1 shall be recognized pursuant to the
  2  2 provisions of that section.
  2  3    Sec. 3.  Section 152.10, subsection 2, paragraph d, Code
  2  4 1999, is amended to read as follows:
  2  5    d.  (1)  Having a license to practice nursing as a
  2  6 registered nurse or licensed practical nurse revoked or
  2  7 suspended, or having other disciplinary action taken by a
  2  8 licensing authority of another state, territory, or country.
  2  9 A certified copy of the record or order of suspension,
  2 10 revocation, or disciplinary action is prima facie evidence of
  2 11 such fact.
  2 12    (2)  Having a license to practice nursing as a registered
  2 13 nurse or licensed practical nurse revoked or suspended, or
  2 14 having other disciplinary action taken, by a licensing
  2 15 authority in another state which has adopted the nurse
  2 16 licensure compact contained in section 152E.1 and which has
  2 17 communicated information relating to such action pursuant to
  2 18 the coordinated licensure information system established by
  2 19 the compact.
  2 20    Sec. 4.  NEW SECTION.  152E.1  FORM OF COMPACT.
  2 21    The nurse licensure compact is entered into and enacted
  2 22 into law with all jurisdictions legally joining therein, in
  2 23 the form substantially as follows:  
  2 24                ARTICLE I – FINDINGS AND PURPOSE
  2 25    a.  The party states find all of the following:
  2 26    1.  The health and safety of the public are affected by the
  2 27 degree of compliance with and the effectiveness of enforcement
  2 28 activities related to state nurse licensure laws.
  2 29    2.  Violations of nurse licensure and other laws regulating
  2 30 the practice of nursing may result in injury or harm to the
  2 31 public.
  2 32    3.  The expanded mobility of nurses and the use of advanced
  2 33 communication technologies as part of our nation's health care
  2 34 delivery system require greater coordination and cooperation
  2 35 among states in the areas of nurse licensure and regulation.
  3  1    4.  New practice modalities and technology make compliance
  3  2 with individual state nurse licensure laws difficult and
  3  3 complex.
  3  4    5.  The current system of duplicative licensure for nurses
  3  5 practicing in multiple states is cumbersome and redundant to
  3  6 both nurses and states.
  3  7    b.  The general purposes of this compact are to:
  3  8    1.  Facilitate the states' responsibility to protect the
  3  9 public's health and safety.
  3 10    2.  Ensure and encourage the cooperation of party states in
  3 11 the areas of nurse licensure and regulation.
  3 12    3.  Facilitate the exchange of information between party
  3 13 states in the areas of nurse regulation, investigation, and
  3 14 adverse actions.
  3 15    4.  Promote compliance with the laws governing the practice
  3 16 of nursing in each jurisdiction.
  3 17    5.  Invest all party states with the authority to hold a
  3 18 nurse accountable for meeting all state practice laws in the
  3 19 state in which the patient is located at the time care is
  3 20 rendered through the mutual recognition of party state
  3 21 licenses.  
  3 22                    ARTICLE II – DEFINITIONS 
  3 23    As used in this compact:
  3 24    a.  "Adverse action" means a home or remote state action.
  3 25    b.  "Alternative program" means a voluntary,
  3 26 nondisciplinary monitoring program approved by a nurse
  3 27 licensing board.
  3 28    c.  "Coordinated licensure information system" means an
  3 29 integrated process for collecting, storing, and sharing
  3 30 information on nurse licensure and enforcement activities
  3 31 related to nurse licensure laws, which is administered by a
  3 32 nonprofit organization composed of and controlled by state
  3 33 nurse licensing boards.
  3 34    d.  "Current significant investigative information" means
  3 35 either of the following:
  4  1    1.  Investigative information that a licensing board, after
  4  2 a preliminary inquiry that includes notification and an
  4  3 opportunity for the nurse to respond if required by state law,
  4  4 has reason to believe is not groundless and, if proved true,
  4  5 would indicate more than a minor infraction.
  4  6    2.  Investigative information that indicates that the nurse
  4  7 represents an immediate threat to public health and safety
  4  8 regardless of whether the nurse has been notified and had an
  4  9 opportunity to respond.
  4 10    e.  "Home state" means the party state which is the nurse's
  4 11 primary state of residence.
  4 12    f.  "Home state action" means any administrative, civil,
  4 13 equitable, or criminal action permitted by the home state's
  4 14 laws which are imposed on a nurse by the home state's
  4 15 licensing board or other authority, including actions against
  4 16 an individual's license such as revocation, suspension,
  4 17 probation, or any other action which affects a nurse's
  4 18 authorization to practice.
  4 19    g.  "Licensing board" means a party state's regulatory body
  4 20 responsible for issuing nurse licenses.
  4 21    h.  "Multistate licensure privilege" means current,
  4 22 official authority from a remote state permitting the practice
  4 23 of nursing as either a registered nurse or a licensed
  4 24 practical or vocational nurse in such party state.  All party
  4 25 states have the authority, in accordance with existing state
  4 26 due process law, to take actions against the nurse's privilege
  4 27 such as revocation, suspension, probation, or any other action
  4 28 which affects a nurse's authorization to practice.
  4 29    i.  "Nurse" means a registered nurse or licensed practical
  4 30 or vocational nurse, as those terms are defined by each
  4 31 party's state practice laws.
  4 32    j.  "Party state" means any state that has adopted this
  4 33 compact.
  4 34    k.  "Remote state" means a party state, other than the home
  4 35 state, where either of the following applies:
  5  1    1.  Where the patient is located at the time nursing care
  5  2 is provided.
  5  3    2.  In the case of the practice of nursing not involving a
  5  4 patient, in such party state where the recipient of nursing
  5  5 practice is located.
  5  6    l.  "Remote state action" means either of the following:
  5  7    1.  Any administrative, civil, equitable, or criminal
  5  8 action permitted by a remote state's laws which are imposed on
  5  9 a nurse by the remote state's licensing board or other
  5 10 authority, including actions against an individual's
  5 11 multistate licensure privilege to practice in the remote
  5 12 state.
  5 13    2.  Cease and desist and other injunctive or equitable
  5 14 orders issued by remote states or the licensing boards' remote
  5 15 states.
  5 16    m.  "State" means a state, territory, or possession of the
  5 17 United States, the District of Columbia, or the Commonwealth
  5 18 of Puerto Rico.
  5 19    n.  "State practice laws" means those individual party's
  5 20 state laws and regulations that govern the practice of
  5 21 nursing, define the scope of nursing practice, and create the
  5 22 methods and grounds for imposing discipline.  "State practice
  5 23 laws" does not include the initial qualifications for
  5 24 licensure or requirements necessary to obtain and retain a
  5 25 license, except for qualifications or requirements of the home
  5 26 state.  
  5 27       ARTICLE III – GENERAL PROVISIONS AND JURISDICTION
  5 28    a.  A license to practice registered nursing issued by a
  5 29 home state to a resident in that state will be recognized by
  5 30 each party state as authorizing a multistate licensure
  5 31 privilege to practice as a registered nurse in such party
  5 32 state.  A license to practice licensed practical or vocational
  5 33 nursing issued by a home state to a resident in that state
  5 34 will be recognized by each party state as authorized a
  5 35 multistate licensure privilege to practice as a licensed
  6  1 practical or vocational nurse in such party state.  In order
  6  2 to obtain or retain a license, an applicant must meet the home
  6  3 state's qualifications for licensure and license renewal as
  6  4 well as all other applicable state laws.
  6  5    b.  Party states may, in accordance with state due process
  6  6 laws, limit or revoke the multistate licensure privilege of
  6  7 any nurse to practice in their state and may take any other
  6  8 actions under their applicable state laws necessary to protect
  6  9 the health and safety of their citizens.  If a party state
  6 10 takes such action, it shall promptly notify the administrator
  6 11 of the coordinated licensure information system.  The
  6 12 administrator of the coordinated licensure information system
  6 13 shall promptly notify the home state of any such actions by
  6 14 remote states.
  6 15    c.  Every nurse practicing in a party state must comply
  6 16 with the state practice laws of the state in which the patient
  6 17 is located at the time care is rendered.  In addition, the
  6 18 practice of nursing is not limited to patient care, but shall
  6 19 include all nursing practice as defined by the state practice
  6 20 laws of a party state.  The practice of nursing subjects a
  6 21 nurse to the jurisdiction of the nurse licensing board and the
  6 22 courts, as well as the laws, in that party state.
  6 23    d.  This compact does not affect additional requirements
  6 24 imposed by states for advanced practice registered nursing.
  6 25 However, a multistate licensure privilege to practice
  6 26 registered nursing granted by a party state shall be
  6 27 recognized by other party states as a license to practice
  6 28 registered nursing if one is required by state law as a
  6 29 precondition for qualifying for advanced practice registered
  6 30 nurse authorization.
  6 31    e.  Individuals not residing in a party state shall
  6 32 continue to be able to apply for nurse licensure as provided
  6 33 for under the laws of each party state.  However, the license
  6 34 granted to these individuals will not be recognized as
  6 35 granting the privilege to practice nursing in any other party
  7  1 state unless explicitly agreed to by that party state.  
  7  2    ARTICLE IV – APPLICATIONS FOR LICENSURE IN A PARTY STATE
  7  3    a.  Upon application for a license, the licensing board in
  7  4 a party state shall ascertain, through the coordinated
  7  5 licensure information system, whether the applicant has ever
  7  6 held, or is the holder of, a license issued by any other
  7  7 state, whether there are any restrictions on the multistate
  7  8 licensure privilege, and whether any other adverse action by
  7  9 any state has been taken against the license.
  7 10    b.  A nurse in a party state shall hold licensure in only
  7 11 one party state at a time, issued by the home state.
  7 12    c.  A nurse who intends to change primary state of
  7 13 residence may apply for licensure in the new home state in
  7 14 advance of such change.  However, new licenses will not be
  7 15 issued by a party state until after a nurse provides evidence
  7 16 of change in primary state of residence satisfactory to the
  7 17 new home state's licensing board.
  7 18    d.  1.  If a nurse changes primary state of residence by
  7 19 moving between two party states, and obtains a license from
  7 20 the new home state, the license from the former home state is
  7 21 no longer valid.
  7 22    2.  If a nurse changes primary state of residence by moving
  7 23 from a nonparty state to a party state, and obtains a license
  7 24 from the new home state, the individual state license issued
  7 25 by the nonparty state is not affected and will remain in full
  7 26 force if so provided by the laws of the nonparty state.
  7 27    3.  If a nurse changes primary state of residence by moving
  7 28 from a party state to a nonparty state, the license issued by
  7 29 the prior home state converts to an individual state license,
  7 30 valid only in the former home state, without the multistate
  7 31 licensure privilege to practice in other party states.  
  7 32                  ARTICLE V – ADVERSE ACTIONS 
  7 33    In addition to the general provisions described in article
  7 34 III, the following provisions apply:
  7 35    a.  The licensing board of a remote state shall promptly
  8  1 report to the administrator of the coordinated licensure
  8  2 information system any remote state actions, including the
  8  3 factual and legal basis for such action, if known.  The
  8  4 licensing board of a remote state shall also promptly report
  8  5 any significant current investigative information yet to
  8  6 result in a remote state action.  The administrator of the
  8  7 coordinated licensure information system shall promptly notify
  8  8 the home state of any such reports.
  8  9    b.  The licensing board of a party state shall have the
  8 10 authority to complete any pending investigations for a nurse
  8 11 who changes primary state of residence during the course of
  8 12 such investigations.  It shall also have the authority to take
  8 13 appropriate action and shall promptly report the conclusions
  8 14 of such investigations to the administrator of the coordinated
  8 15 licensure information system.  The administrator of the
  8 16 coordinated licensure information system shall promptly notify
  8 17 the new home state of any such actions.
  8 18    c.  A remote state may take adverse action affecting the
  8 19 multistate licensure privilege to practice within that party
  8 20 state.  However, only the home state shall have the power to
  8 21 impose adverse action against the license issued by the home
  8 22 state.
  8 23    d.  For purposes of imposing adverse action, the licensing
  8 24 board of the home state shall give the same priority and
  8 25 effect to reported conduct received from a remote state as it
  8 26 would if such conduct had occurred within the home state.  In
  8 27 so doing, it shall apply its own state laws to determine
  8 28 appropriate action.
  8 29    e.  The home state may take adverse action based on the
  8 30 factual findings of the remote state, so long as each state
  8 31 follows its own procedures for imposing such adverse action.
  8 32    f.  Nothing in this compact shall override a party state's
  8 33 decision that participation in an alternative program may be
  8 34 used in lieu of licensure action and that such participation
  8 35 shall remain nonpublic if required by the party state's laws.
  9  1 Party states must require nurses who enter any alternative
  9  2 programs to agree not to practice in any other party state
  9  3 during the term of the alternative program without prior
  9  4 authorization from such other party state.  
  9  5  ARTICLE VI – ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE
  9  6                     NURSE LICENSING BOARDS
  9  7    Notwithstanding any other powers, party state nurse
  9  8 licensing boards shall have the authority to do all of the
  9  9 following:
  9 10    a.  If otherwise permitted by state law, recover from the
  9 11 affected nurse the costs of investigations and disposition of
  9 12 cases resulting from any adverse action taken against that
  9 13 nurse.
  9 14    b.  Issue subpoenas for both hearings and investigations
  9 15 which require the attendance and testimony of witnesses, and
  9 16 the production of evidence.  Subpoenas issued by a nurse
  9 17 licensing board in a party state for the attendance and
  9 18 testimony of witnesses or the production of evidence from
  9 19 another party state shall be enforced in the latter state by
  9 20 any court of competent jurisdiction, according to the practice
  9 21 and procedure of that court applicable to subpoenas issued in
  9 22 proceedings pending before it.  The issuing authority shall
  9 23 pay any witness fees, travel expenses, mileage, and other fees
  9 24 required by the service statutes of the state where the
  9 25 witnesses or evidence is located.
  9 26    c.  Issue cease and desist orders or limit or revoke a
  9 27 nurse's authority to practice in the nurse's state.
  9 28    d.  Promulgate uniform rules and regulations as provided
  9 29 for in article VIII, section c.  
  9 30     ARTICLE VII – COORDINATED LICENSURE INFORMATION SYSTEM
  9 31    a.  All party states shall participate in a cooperative
  9 32 effort to create a coordinated database of all licensed
  9 33 registered nurses and licensed practical or vocational nurses.
  9 34 This system will include information on the licensure and
  9 35 disciplinary history of each nurse, as contributed by party
 10  1 states, to assist in the coordination of nurse licensure and
 10  2 enforcement efforts.
 10  3    b.  Notwithstanding any other provision of law, all party
 10  4 states' licensing boards shall promptly report adverse
 10  5 actions, actions against multistate licensure privileges, any
 10  6 current significant investigative information yet to result in
 10  7 adverse action, denials of applications, and the reasons for
 10  8 such denials, to the coordinated licensure information system.
 10  9    c.  Current significant investigative information shall be
 10 10 transmitted through the coordinated licensure information
 10 11 system only to party state licensing boards.
 10 12    d.  Notwithstanding any other provision of law, all party
 10 13 states' licensing boards contributing information to the
 10 14 coordinated licensure information system may designate
 10 15 information that may not be shared with nonparty states or
 10 16 disclosed to other entities or individuals without the express
 10 17 permission of the contributing state.
 10 18    e.  Any personally identifiable information obtained by a
 10 19 party state's licensing board from the coordinated licensure
 10 20 information system shall not be shared with nonparty states or
 10 21 disclosed to other entities or individuals except to the
 10 22 extent permitted by the laws of the party state contributing
 10 23 the information.
 10 24    f.  Any information contributed to the coordinated
 10 25 licensure information system that is subsequently required to
 10 26 be expunged by the laws of the party state contributing that
 10 27 information shall also be expunged from the coordinated
 10 28 licensure information system.
 10 29    g.  The compact administrators, acting jointly with each
 10 30 other and in consultation with the administrator of the
 10 31 coordinated licensure information system, shall formulate
 10 32 necessary and proper procedures for the identification,
 10 33 collection, and exchange of information under this compact.  
 10 34    ARTICLE VIII – COMPACT ADMINISTRATION AND INTERCHANGE OF 
 10 35                           INFORMATION
 11  1    a.  The head of the nurse licensing board, or the head's
 11  2 designee, of each party state shall be the administrator of
 11  3 this compact for the head's state.
 11  4    b.  The compact administrator of each party state shall
 11  5 furnish to the compact administrator of each other party state
 11  6 any information and documents including, but not limited to, a
 11  7 uniform data set of investigations, identifying information,
 11  8 licensure data, and disclosable alternative program
 11  9 participation information to facilitate the administration of
 11 10 this compact.
 11 11    c.  Compact administrators shall have the authority to
 11 12 develop uniform rules to facilitate and coordinate
 11 13 implementation of this compact.  These uniform rules shall be
 11 14 adopted by party states, under the authority invested under
 11 15 article VI, section d.  
 11 16                     ARTICLE IX – IMMUNITY
 11 17    A party state or the officers or employees or agents of a
 11 18 party state's nurse licensing board who acts in accordance
 11 19 with the provisions of this compact shall not be liable on
 11 20 account of any act or omission in good faith while engaged in
 11 21 the performance of their duties under this compact.  Good
 11 22 faith in this article shall not include willful misconduct,
 11 23 gross negligence, or recklessness.  
 11 24    ARTICLE X – ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
 11 25    a.  This compact shall enter into force and become
 11 26 effective as to any state when it has been enacted into the
 11 27 laws of that state.  Any party state may withdraw from this
 11 28 compact by enacting a statute repealing the same, but such
 11 29 withdrawal shall not take effect until six months after the
 11 30 withdrawing state has given notice of the withdrawal to the
 11 31 executive heads of all other party states.
 11 32    b.  Withdrawal shall not affect the validity or
 11 33 applicability by the licensing boards of states remaining
 11 34 party to the compact of any report of adverse action occurring
 11 35 prior to the withdrawal.
 12  1    c.  This compact shall not be construed to invalidate or
 12  2 prevent any nurse licensure agreement or other cooperative
 12  3 arrangement between a party state and a nonparty state that is
 12  4 made in accordance with the other provisions of this compact.
 12  5    d.  This compact may be amended by the party states.  An
 12  6 amendment to this compact shall not become effective and
 12  7 binding upon the party states unless and until it is enacted
 12  8 into the laws of all party states.  
 12  9           ARTICLE XI – CONSTRUCTION AND SEVERABILITY
 12 10    a.  This compact shall be liberally construed so as to
 12 11 effectuate the purposes thereof.  The provisions of this
 12 12 compact shall be severable and if any phrase, clause,
 12 13 sentence, or provision of this compact is declared to be
 12 14 contrary to the constitution of any party state or of the
 12 15 United States or the applicability thereof to any government,
 12 16 agency, person, or circumstance is held invalid, the validity
 12 17 of the remainder of this compact and the applicability thereof
 12 18 to any government, agency, person, or circumstance shall not
 12 19 be affected thereby.  If this compact shall be held contrary
 12 20 to the constitution of any party state, the compact shall
 12 21 remain in full force and effect as to the remaining party
 12 22 states and in full force and effect as to the party state
 12 23 affected as to all severable matters.
 12 24    b.  1.  In the event party states find a need for settling
 12 25 disputes arising under this compact, the party states may
 12 26 submit the issues in dispute to an arbitration panel which
 12 27 shall be comprised of an individual appointed by the compact
 12 28 administrator in the home state, an individual appointed by
 12 29 the compact administrator in the remote state or states
 12 30 involved, and an individual mutually agreed upon by the
 12 31 compact administrators of all the party states involved in the
 12 32 dispute.
 12 33    2.  The decision of a majority of the arbitrators shall be
 12 34 final and binding.
 12 35    Sec. 5.  NEW SECTION.  152E.2  COMPACT ADMINISTRATOR.
 13  1    The executive director of the board of nursing, as provided
 13  2 for in section 152.2, shall serve as the compact administrator
 13  3 identified in article VIII, section a, of the nurse licensure
 13  4 compact contained in section 152E.1.
 13  5    Sec. 6.  Section 272C.6, subsection 4, unnumbered paragraph
 13  6 1, Code 1999, is amended to read as follows:
 13  7    In order to assure a free flow of information for
 13  8 accomplishing the purposes of this section, and
 13  9 notwithstanding section 622.10, all complaint files,
 13 10 investigation files, other investigation reports, and other
 13 11 investigative information in the possession of a licensing
 13 12 board or peer review committee acting under the authority of a
 13 13 licensing board or its employees or agents which relates to
 13 14 licensee discipline are privileged and confidential, and are
 13 15 not subject to discovery, subpoena, or other means of legal
 13 16 compulsion for their release to a person other than the
 13 17 licensee and the boards, their employees and agents involved
 13 18 in licensee discipline, and are not admissible in evidence in
 13 19 a judicial or administrative proceeding other than the
 13 20 proceeding involving licensee discipline.  However,
 13 21 investigative information in the possession of a licensing
 13 22 board or its employees or agents which relates to licensee
 13 23 discipline may be disclosed to appropriate licensing
 13 24 authorities within this state, the appropriate licensing
 13 25 authority in another state, the coordinated licensure
 13 26 information system provided for in the nurse licensure compact
 13 27 contained in section 152E.1, the District of Columbia, or a
 13 28 territory or country in which the licensee is licensed or has
 13 29 applied for a license.  If the investigative information in
 13 30 the possession of a licensing board or its employees or agents
 13 31 indicates a crime has been committed, the information shall be
 13 32 reported to the proper law enforcement agency.  However, a
 13 33 final written decision and finding of fact of a licensing
 13 34 board in a disciplinary proceeding, including a decision
 13 35 referred to in section 272C.3, subsection 4, is a public
 14  1 record.
 14  2    Sec. 7.  EFFECTIVE DATE.  This Act takes effect January 1,
 14  3 2000.  
 14  4                           EXPLANATION
 14  5    This bill provides for the adoption of the nurse licensure
 14  6 compact.  The compact facilitates the mutual recognition of a
 14  7 nursing license issued by a nurse's home state by all states
 14  8 which are party states to the compact.
 14  9    The compact is divided into several articles.  Article I
 14 10 provides statements of findings and declarations of purpose.
 14 11 The health and safety of the public necessitating a high
 14 12 degree of compliance with nurse state licensure laws and
 14 13 related enforcement activities, the expanded mobility of
 14 14 nurses and the use of advanced communication technologies as
 14 15 part of the nation's health care delivery system, new practice
 14 16 modalities and technology rendering compliance with individual
 14 17 state licensure laws more difficult, and the cumbersome and
 14 18 redundant nature of the current system of duplicative
 14 19 licensure for nurses practicing in multiple states are factors
 14 20 cited in support of a multistate licensure compact.  The
 14 21 purposes of the compact are stated as being to facilitate the
 14 22 states' responsibility to protect the public's health and
 14 23 safety, to encourage cooperation of party states regarding
 14 24 nurse licensure and regulation, to facilitate the exchange of
 14 25 information between party states, to promote compliance with
 14 26 laws governing the practice of nursing among the party states,
 14 27 and to invest party states with the authority to hold nurses
 14 28 accountable for meeting all state practice laws in the state
 14 29 in which the nurse is rendering care.
 14 30    Article II of the compact provides a definition section.
 14 31    Article III contains general provisions relating to the
 14 32 multistate licensure privileges among party states, providing
 14 33 that a license issued in a registered or licensed practical
 14 34 nurse's home state will be recognized by each party state.
 14 35 The jurisdiction of party states related to adverse action
 15  1 taken against a nurse practicing in that state is addressed.
 15  2 Additionally, it is noted that existing licensure laws for
 15  3 nurses not residing in a party state will not be impacted by
 15  4 the compact.
 15  5    Article IV deals with applications for licensure, providing
 15  6 that an application shall be acted upon based on information
 15  7 collected within a coordinated licensure information system.
 15  8 The coordinated licensure information system is defined in the
 15  9 bill as an integrated process for collecting, storing, and
 15 10 sharing information on nurse licensure and enforcement
 15 11 activities related to nurse licensure laws.  A nurse shall
 15 12 only be required to be licensed in one state – the nurse's
 15 13 home state of residence – with that license recognized in the
 15 14 other party states.  Provisions for changes in primary state
 15 15 of residence are set forth.
 15 16    Article V of the compact relates to adverse actions,
 15 17 addressing the reporting of adverse actions impacting a
 15 18 nurse's licensure to the coordinated licensure information
 15 19 system and indicating that while party states may take action
 15 20 regarding the multistate licensing privileges of a nurse, only
 15 21 the home state may take action directly impacting the nurse's
 15 22 home state licensure.  Provisions regarding home and party
 15 23 state action based on proceedings in another party state are
 15 24 specified.
 15 25    Article VI relates to the authority of party state nurse
 15 26 licensing boards with regard to adverse actions against
 15 27 licensed nurses.
 15 28    Article VII addresses the operation of the coordinated
 15 29 licensure information system.
 15 30    The remaining articles primarily address administrative and
 15 31 procedural aspects of the compact's operation, and provide
 15 32 effective and withdrawal date provisions and provisions for
 15 33 amendment by an individual party state.
 15 34    The bill makes conforming changes in the Code chapters
 15 35 dealing with health profession regulation and licensure, the
 16  1 practice of nursing, and general professional regulation and
 16  2 licensure.
 16  3    The bill takes effect January 1, 2000.  
 16  4 LSB 1090DP 78
 16  5 rn/gg/8.1
     

Text: HSB00142                          Text: HSB00144
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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