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S.F. No. 3305 - Nurse Licensure Compact (with Amendment)
 
Author: Senator Andrew Mathews
 
Prepared By: Katie Cavanor, Senate Counsel (651/296-3801)
 
Date: March 19, 2018



 

S.F. No. 3305 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 or home state 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 multistate license to practice nursing issued by a home state must be recognized by states that are parties to the nurse licensure compact.

Paragraph (b) requires a state to implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement.

Paragraph (c) specifies the requirements that each party state must require an applicant meet for a multistate license in the home state.

Paragraph (d) authorizes a party state in accordance with the state's due process law, to take adverse action against a nurse's multistate licensure privilege that affects a nurse's authorization to practice under a multistate licensure privilege.  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 a remote state.

Paragraph (e) requires every nurse practicing in a party state to comply with state practice laws of the state in which the client 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 in which the client is located at the time the service is provided.

Paragraph (f) 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.

Paragraph (g) authorizes nurses holding a home state multistate license on the effective date of this compact may retain and renew the multistate license by the nurse's then current home state under specified conditions.

Article 3 establishes the applications for licensure in a party state.

Paragraph (a) requires the party state licensing board to determine if the multistate license 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 may hold a multistate license issued by the home state, in only one party state at a time.

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) states that if a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate licensure issued by the prior home state will convert to a single state license valid only in the former home state.

Article 4 establishes additional authorities invested in party state licensing boards.

Paragraph (a) gives a party state licensing board the authority to:

(1) take adverse action against a nurse's multistate licensure privilege to practice within that party state;

(2) issue cease and desist orders or impose encumbrance on a nurse's authority to practice within that party state;

(3) complete pending investigations on a nurse who changes primary state of residence during the course of an investigation;

(4) issue subpoenas for both hearings and investigations that require witnesses and the production of evidence;

(5) obtain and submit biometric information to the FBI for criminal background checks and use the results in making licensure decisions;

(6) if permitted by state law, recover the costs of investigations and disposition of cases resulting from any adverse action taken; and

(7) take adverse action based on factual findings of the remote state, provided that the board follows its procedures for taking such action.

Paragraph (b) states that if adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license.

Paragraph (c) states that this compact does not override a party state’s decision that participation in an alternative program may be used in lieu of adverse action, and the home state licensing board shall deactivate the multistate licensure privilege under the multistate license for the duration of the nurse's participation in the alternative program.

Paragraph (a) requires all party states to participate in a coordinated licensure information system of all licensed registered nurses and licensed practical/vocational nurses.

Paragraph (b) requires the commissioner, in consultation with the administrator of the licensure information system, to formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.

Paragraph (c) requires all party states’ licensing boards to promptly report to the coordinated licensure information system 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 (d) states that current investigative information and participation in nonpublic or confidential alternative programs is to be transmitted through the system only to party state licensing boards.

Paragraph (e) 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 (f) 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 (g) 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 (h) requires the compact administrator of each party state to furnish a uniform data set to the compact adminstrator of each other party state.  Specifies what the set must include.

Paragraph (i) requires the compact administrator of a party state to provide all investigative documents and information requested by another party state.

Article 6 establishes the Interstate Commission of Nurse Licensure Compact Administrators

Paragraph (a) states that the party states hereby create and establish a joint public entity known as the Interstate of Nurse Licensure Compact Administrators.

Paragraph (b) establishes the membership, voting, and meetings.

Paragraph (c) authorizes the commissioner to prescribe by laws or rules to govern its conduct to carry out the purposes and exercise the powers of the compact.

Paragraph (d) requires the commission to publish its bylaws and rules, and any amendments, in a convenient form on the Web site of the commission.

Paragraph (e) requires the commission to maintain its financial records in accordance with its bylaws.

Paragraph (f) requires the commission to meet and take actions as are consistent with the compact and the bylaws.

Paragraph (g) outlines the powers of the commission.

Paragraph (h) outlines the financing of the commission.

Paragraph (i) oulines the qualified immunity defense, and indemnification.

Article 7 establishes the rulemaking powers of the commission.

Article 8 establishes the oversight, dispute resolution, and enforcement authority.

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.

Paragraph (b) states that each party state shall continue to recognize a nurse's multistate licensure privilege to practice in that state issued under the prior compact until the party state has withdrawn from the prior compact. 

Paragraph (c) states any party 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 (d) 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 (e) 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 (f) 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) permits representatives of nonparty states to participate in the activities of the commission on a nonvoting basis.  States that the compact shall be liberally construed and that the provisions shall be severable.  If the compact shall be held to be contrary to the constitution of any party state the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

Section 2 (148.2856) clarifies the applicability of the nurse licensure compact to existing nurse licensure law, including licensing requirements, labor laws, reporting requirements, disciplinary actions, immunity provisions, and cooperation requirements.

Section 3 (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.

Section 4 adds an appropriation for the Board of Nursing.

Section 5 establishes an effective date of July 1, 2019, or upon the implementation of the coordinated licensure information system, whichever is later.

 

 

 

 
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