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S.F. No. 230 - Nurse Licensure Compact (Second Engrossment)
 
Author: Senator Chris Gerlach
 
Prepared By:
 
Date: March 13, 2012



 
S.F. No. 230 would allow the state of Minnesota to become a member of the Nurse Licensure Compact. This compact allows a nurse to have one license in the nurse’s state of residency and to practice in other states that are members of the compact or party states, subject to each state’s practice laws and regulations. To participate in the compact, a state must adopt the compact through legislation.    
 
Section 1 (148.2855) creates the Nurse Licensure Compact.
 
Article 1 defines terms.
 
Article 2 establishes the general provisions and jurisdiction of the compact.
 
Paragraph (a) states that a license to practice nursing issued by a home state must be recognized by states that are parties to the nurse licensure compact. It also requires the licensee to meet the home state’s requirements for licensure and license renewal and to comply with applicable state laws.
 
Paragraph (b) authorizes party states in accordance with due process laws to limit or revoke the multistate licensure privilege of any nurse to practice in their state, and may take any other actions under applicable state law in order to protect the health and safety of state’s citizens. If a party state takes such action, it must notify the administrator of the coordinated licensure system and the administrator must notify the home state of any action taken by remote states.
 
Paragraph (c) requires every nurse practicing in a party state to comply with practice laws of the state in which the patient is located at the time the care is rendered. It also states that the practice of nursing is not limited to patient care and will subject the nurse to the jurisdiction of the nurse licensure board, courts, and the laws of the party state.
 
Paragraph (d) states that this compact does not affect additional requirements imposed by states for advanced practice registered nursing, but a multistate licensure privilege to practice registered nursing shall be recognized as a license to practice registered nursing, if one is required by state law as a precondition for qualifying for advanced practice registered nurse authorization.
 
Paragraph (e) states that individuals who do not reside in a party state can continue to apply for licensure as provided under the laws of a party state. A license granted to these individuals does not automatically permit the individual to practice in any other party state unless that state specifically agrees to allow the individual the right to practice.
 
Article 3 establishes the applications for licensure in a party state.
 
Paragraph (a) requires the party state licensing board to determine if the applicant has ever held a license in any other state and whether there are any restrictions or other adverse actions taken against the applicant.
 
Paragraph (b) states that a nurse in a party state may only hold licensure in one party state at a time and that licensure must be issued by the home state.
 
Paragraph (c) permits a nurse who plans on changing primary state of residence to apply for licensure in the new home state in advance of the change, although a new license will not be issued until the nurse provides evidence of the change in residence.
 
Paragraph (d) establishes the conditions that apply when a nurse changes primary state of residence.
 
Article 4 establishes the provisions for adverse actions.
 
Paragraph (a) requires the licensing board of a remote state to report to the administrator of the coordinated licensure information system any remote state actions taken, and report any significant current investigative information. The administrator is required to notify the home state of any reports.
 
Paragraph (b) states that the party state licensing board has the authority to complete any pending investigation on a nurse who changes primary state of residence during the course of an investigation and take appropriate action. The conclusion of any such investigation must be reported to the administrator and the administrator is required to notify the new home state of the action taken.
 
Paragraph (c) authorizes a remote state to take adverse action affecting a multistate licensure privilege to practice within that party state, but only a home state has the power to impose adverse action against the license issued by the home state.
 
Paragraph (d) states that the licensing board of the home state must give the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state and shall apply its own state laws in determining appropriate action.
 
Paragraph (e) authorizes the home state to take adverse action based on the factual findings of the remote state, but each state must follow its own procedures for imposing adverse action.
 
Paragraph (f) states that this compact does not override a party state’s decision that participation in an alternative program may be used in lieu of licensure action, and that participation shall remain nonpublic if required by the party state’s laws.
 
Article 5 establishes additional party state licensing board authority.
 
 This article gives party state licensing boards the authority to recover costs of investigation and disposition of complaints from the affected nurse, issue subpoenas, issue cease and desist orders, or revoke a nurse’s authority to practice in the party state, and adopt uniform rules as provided in article 7.
 
Article 6 establishes the coordinated licensure information system
 
Paragraph (a) requires all party states to participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical/vocational nurses.
 
Paragraph (b) requires all party states’ licensing boards to report all adverse actions, actions against privileges, current investigative information yet to result in an adverse action, denials of applications, and the reasons for the denials to the coordinated licensure information system.
 
Paragraph (c) states that current investigative information is to be transmitted through the system only to party state licensing boards.
 
Paragraph (d) permits party states’ licensing boards contributing information to the system to designate information that may not be shared with nonparty states or disclosed to other entities or individuals without express permission of the contributing state.
 
Paragraph (e) states that personally identifiable information obtained by a party state’s licensing board through the system may not be shared with nonparty states or disclosed to other entities or individuals, except to the extent permitted under the laws of the party state contributing the information.
 
Paragraph (f) requires any information that is contributed to the coordinated licensure system that is subsequently required to be expunged by the laws of the party state contributing the information to be expunged from the information system.
 
Paragraph (g) requires the compact administrators to formulate procedures for the identification, collection, and exchange of information under this compact.
 
Article 7 establishes the compact administration and interchange of information.
 
Paragraph (a) states that the head or designee of each party state nurse licensing board shall be the administrator of the compact for the state.
 
Paragraph (b) requires the administrator of each party state to furnish to the compact administrator of each other party state any information and documents to facilitate the administration of this compact.
 
Paragraph (c) states that compact administrators have the authority to develop uniform rules to facilitate and coordinate implementation of this compact. These rules must be adopted by the party states under the authority included article 5.
 
Article 8 establishes immunity.
 
This article grants immunity to the party state or the officers, employees, or agents of the state’s licensing board for actions taken in good faith according to the provisions of the compact while engaged in the performance of their duties under the compact. This immunity does not apply if the action taken was willful misconduct, gross negligence, or recklessness.
 
Article 9 provides enactment, withdrawal, and amendment information.
 
Paragraph (a) states that the compact shall become effective for each state when it is enacted by that state, and the state may withdraw from the compact upon repeal of the nurse licensing compact. Withdrawal will not become effective until six months after notice has been given to the executive heads of all other party states. 
 
Paragraph (b) states that a withdrawal does not affect the validity or applicability of any adverse action report taken by a licensing board of a party state if the report occurred prior to the withdrawal.
 
Paragraph (c) states that this compact does not invalidate or prevent any nurse license agreement or other arrangement between a party state and a nonparty state that is made according to other provisions of this compact.
 
Paragraph (d) permits the compact to be amended by the party states. An amendment does not become binding upon the party states until it is enacted into law of all party states.
 
Article 10 establishes construction and severability.
 
Paragraph (a) states that the compact shall be liberally construed and that the provisions shall be severable.
 
Paragraph (b) permits arbitration to settle any disputes and states that the decision of the arbitrator shall be final and binding.
 
Section 2 (148.2856) clarifies the applicability of the nurse licensure compact to existing nurse licensure law, including licensing requirements, labor laws, date privacy, reporting requirements, disciplinary actions, immunity provisions, cooperation requirements, data sharing, direct patient requirements, and criminal background check requirements.
 
Section 3 (148.2857) permits the Governor to withdraw the state from the compact upon notification by the Board of Nursing that a party state has changed that state’s requirements to be substantially lower than Minnesota’s requirements.
 
Section 4 (148.2858) states that for purposes of the compact, “head of the nurse licensing board”
means the executive director of the Board of Nursing. This section also authorizes the Board of Nursing to recover the costs of investigating allegations against multistate licensees and to implement a system to identify multistate practitioners in Minnesota.
 
Section 5 (148.2859) creates the Nurse Licensure Compact Advisory Committee and establishes membership, duties of the members, and the organization of the committee.
 
Section 6 adds an appropriation for the Board of Nursing.
 
Section 7 establishes an effective date of July 1, 2013, or upon the implementation of the coordinated licensure information system, whichever is later.
 

KC/rdr

 
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