STATE STATUTES & CODES
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UTAH STATUTES AND CODES
58-31c-102 - Nurse Licensure Compact.
The Nurse Licensure Compact is hereby enacted and entered into with all otherjurisdictions that legally join in the compact, which is, in form, substantially as follows:
(1) The party states find that:
(a) the health and safety of the public are affected by the degree of compliance with andthe effectiveness of enforcement activities related to state nurse licensure laws;
(b) violations of nurse licensure and other laws regulating the practice of nursing mayresult in injury or harm to the public;
(c) the expanded mobility of nurses and the use of advanced communication technologiesas part of our nation's health care delivery system require greater coordination and cooperationamong states in the areas of nurse licensure and regulation;
(d) new practice modalities and technology make compliance with individual state nurselicensure laws difficult and complex; and
(e) the current system of duplicative licensure for nurses practicing in multiple states iscumbersome and redundant to both nurses and states.
(2) The general purposes of this compact are to:
(a) facilitate the states' responsibility to protect the public's health and safety;
(b) ensure and encourage the cooperation of party states in the areas of nurse licensureand regulation;
(c) facilitate the exchange of information between party states in the areas of nurseregulation, investigation, and adverse actions;
(d) promote compliance with the laws governing the practice of nursing in eachjurisdiction; and
(e) invest all party states with the authority to hold a nurse accountable for meeting allstate practice laws in the state in which the patient is located at the time care is rendered throughthe mutual recognition of party state licenses.
As used in this compact:
(1) "Adverse action" means a home or remote state action.
(2) "Alternative program" means a voluntary, non-disciplinary monitoring programapproved by a nurse licensing board.
(3) "Coordinated licensure information system" means an integrated process forcollecting, storing, and sharing information on nurse licensure and enforcement activities relatedto nurse licensure laws, which is administered by a nonprofit organization composed of andcontrolled by state nurse licensing boards.
(4) "Current significant investigative information" means:
(a) investigative information that a licensing board, after a preliminary inquiry thatincludes notification and an opportunity for the nurse to respond if required by state law, hasreason to believe is not groundless and, if proved true, would indicate more than a minorinfraction; or
(b) investigative information that indicates that the nurse represents an immediate threat
to public health and safety regardless of whether the nurse has been notified and had anopportunity to respond.
(5) "Home state" means the party state which is the nurse's primary state of residence.
(6) "Home state action" means any administrative, civil, equitable, or criminal actionpermitted by the home state's laws which are imposed on a nurse by the home state's licensingboard or other authority including actions against an individual's license such as: revocation,suspension, probation, or any other action which affects a nurse's authorization to practice.
(7) "Licensing board" means a party state's regulatory body responsible for issuing nurselicenses.
(8) "Multistate licensure privilege" means current, official authority from a remote statepermitting the practice of nursing as either a registered nurse or a licensed practical/vocationalnurse in such party state. All party states have the authority, in accordance with existing statedue process law, to take actions against the nurse's privilege such as: revocation, suspension,probation, or any other action which affects a nurse's authorization to practice.
(9) "Nurse" means a registered nurse or licensed practical/vocational nurse, as thoseterms are defined by each party's state practice laws.
(10) "Party state" means any state that has adopted this compact.
(11) "Remote state" means a party state, other than the home state:
(a) where the patient is located at the time nursing care is provided; or
(b) in the case of the practice of nursing not involving a patient, in such party state wherethe recipient of nursing practice is located.
(12) "Remote state action" means:
(a) any administrative, civil, equitable, or criminal action permitted by a remote state'slaws which are imposed on a nurse by the remote state's licensing board or other authorityincluding actions against an individual's multistate licensure privilege to practice in the remotestate; and
(b) cease and desist and other injunctive or equitable orders issued by remote states orthe licensing boards thereof.
(13) "State" means a state, territory, or possession of the United States, the District ofColumbia, or the Commonwealth of Puerto Rico.
(14) "State practice laws" means those individual party's state laws and regulations thatgovern the practice of nursing, define the scope of nursing practice, and create the methods andgrounds for imposing discipline. "State practice laws" does not include the initial qualificationsfor licensure or requirements necessary to obtain and retain a license, except for qualifications orrequirements of the home state.
(1) A license to practice registered nursing issued by a home state to a resident in thatstate will be recognized by each party state as authorizing a multistate licensure privilege topractice as a registered nurse in such party state. A license to practice licensedpractical/vocational nursing issued by a home state to a resident in that state will be recognizedby each party state as authorizing a multistate licensure privilege to practice as a licensedpractical/vocational nurse in such party state. In order to obtain or retain a license, an applicantmust meet the home state's qualifications for licensure and license renewal as well as all otherapplicable state laws.
(2) Party states, in accordance with state due process laws, may limit or revoke themultistate licensure privilege of any nurse to practice in their state and may take any other actionsunder their applicable state laws necessary to protect the health and safety of their citizens. If aparty state takes such action, it shall promptly notify the administrator of the coordinatedlicensure information system. The administrator of the coordinated licensure information systemshall promptly notify the home state of any such actions by remote states.
(3) Every nurse practicing in a party state must comply with the state practice laws of thestate in which the patient is located at the time care is rendered. In addition, the practice ofnursing is not limited to patient care, but shall include all nursing practice as defined by the statepractice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction ofthe nurse licensing board and the courts, as well as the laws, in that party state.
(4) This compact does not affect additional requirements imposed by states for advancedpractice registered nursing. However, a multistate licensure privilege to practice registerednursing granted by a party state shall be recognized by other party states as a license to practiceregistered nursing if one is required by state law as a precondition for qualifying for advancedpractice registered nurse authorization.
(5) Individuals not residing in a party state shall continue to be able to apply for nurselicensure as provided for under the laws of each party state. However, the license granted tothese individuals will not be recognized as granting the privilege to practice nursing in any otherparty state unless explicitly agreed to by that party state.
(1) Upon application for a license, the licensing board in a party state shall ascertain,through the coordinated licensure information system, whether the applicant has ever held, or isthe holder of, a license issued by any other party state, whether there are any restrictions on themultistate licensure privilege, and whether any other adverse action by any state has been takenagainst the license.
(2) A nurse in a party state shall hold licensure in only one party state at a time, issued bythe home state.
(3) A nurse who intends to change primary state of residence may apply for licensure inthe new home state in advance of such change. However, new licenses will not be issued by aparty state until after a nurse provides evidence of change in primary state of residencesatisfactory to the new home state's licensing board.
(4) When a nurse changes primary state of residence by:
(a) moving between two party states, and obtains a license from the new home state, thelicense from the former home state is no longer valid;
(b) moving from a non-party state to a party state, and obtains a license from the newhome state, the individual state license issued by the non-party state is not affected and willremain in full force if so provided by the laws of the non-party state;
(c) moving from a party state to a non-party state, the license issued by the prior homestate converts to an individual state license, valid only in the former home state, without themultistate licensure privilege to practice in other party states.
In addition to the General Provisions described in Article III, the following provisions
apply:
(1) The licensing board of a remote state shall promptly report to the administrator of thecoordinated licensure information system any remote state actions including the factual and legalbasis for such action, if known. The licensing board of a remote state shall also promptly reportany significant current investigative information yet to result in a remote state action. Theadministrator of the coordinated licensure information system shall promptly notify the homestate of any such reports.
(2) The licensing board of a party state shall have the authority to complete any pendinginvestigations for a nurse who changes primary state of residence during the course of suchinvestigations. It shall also have the authority to take appropriate action(s), and shall promptlyreport the conclusions of such investigations to the administrator of the coordinated licensureinformation system. The administrator of the coordinated licensure information system shallpromptly notify the new home state of any such actions.
(3) A remote state may take adverse action affecting the multistate licensure privilege topractice within that party state. However, only the home state shall have the power to imposeadverse action against the license issued by the home state.
(4) For purposes of imposing adverse action, the licensing board of the home state shallgive the same priority and effect to reported conduct received from a remote state as it would ifsuch conduct had occurred within the home state. In so doing, it shall apply its own state laws todetermine appropriate action.
(5) The home state may take adverse action based on the factual findings of the remotestate, so long as each state follows its own procedures for imposing such adverse action.
(6) Nothing in this compact shall override a party state's decision that participation in analternative program may be used in lieu of licensure action and that such participation shallremain non-public if required by the party state's laws. Party states must require nurses whoenter any alternative programs to agree not to practice in any other party state during the term ofthe alternative program without prior authorization from such other party state.
Notwithstanding any other powers, party state nurse licensing boards shall have theauthority to:
(1) if otherwise permitted by state law, recover from the affected nurse the costs ofinvestigations and disposition of cases resulting from any adverse action taken against that nurse;
(2) issue subpoenas for both hearings and investigations which require the attendanceand testimony of witnesses and the production of evidence. Subpoenas issued by a nurselicensing board in a party state for the attendance and testimony of witnesses, and/or theproduction of evidence from another party state, shall be enforced in the latter state by any courtof competent jurisdiction, according to the practice and procedure of that court applicable tosubpoenas issued in proceedings pending before it. The issuing authority shall pay any witnessfees, travel expenses, mileage, and other fees required by the service statutes of the state wherethe witnesses and/or evidence are located;
(3) issue cease and desist orders to limit or revoke a nurse's authority to practice in theirstate; and
(4) promulgate uniform rules and regulations as provided for in Article VIII(3).
(1) All party states shall participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical/vocational nurses. This system willinclude information on the licensure and disciplinary history of each nurse, as contributed byparty states, to assist in the coordination of nurse licensure and enforcement efforts.
(2) Notwithstanding any other provision of law, all party states' licensing boards shallpromptly report adverse actions, actions against multistate licensure privileges, any currentsignificant investigative information yet to result in adverse action, denials of applications, andthe reasons for such denials, to the coordinated licensure information system.
(3) Current significant investigative information shall be transmitted through thecoordinated licensure information system only to party state licensing boards.
(4) Notwithstanding any other provision of law, all party states' licensing boardscontributing information to the coordinated licensure information system may designateinformation that may not be shared with non-party states or disclosed to other entities orindividuals without the express permission of the contributing state.
(5) Any personally identifiable information obtained by a party states' licensing boardfrom the coordinated licensure information system may not be shared with non-party states ordisclosed to other entities or individuals except to the extent permitted by the laws of the partystate contributing the information.
(6) Any information contributed to the coordinated licensure information system that issubsequently required to be expunged by the laws of the party state contributing that information,shall also be expunged from the coordinated licensure information system.
(7) The compact administrators, acting jointly with each other and in consultation withthe administrator of the coordinated licensure information system, shall formulate necessary andproper procedures for the identification, collection, and exchange of information under thiscompact.
(1) The head of the nurse licensing board, or his/her designee, of each party state shall bethe administrator of this compact for his/her state.
(2) The compact administrator of each party state shall furnish to the compactadministrator of each other party state any information and documents including, but not limitedto, a uniform data set of investigations, identifying information, licensure data, and disclosablealternative program participation information to facilitate the administration of this compact.
(3) Compact administrators shall have the authority to develop uniform rules to facilitateand coordinate implementation of this compact. These uniform rules shall be adopted by partystates under the authority invested under Article VI(4).
No party state or the officers or employees or agents of a party state's nurse licensingboard who acts in accordance with the provisions of this compact shall be liable on account ofany act or omission in good faith while engaged in the performance of their duties under thiscompact. Good faith in this article shall not include willful misconduct, gross negligence, orrecklessness.
(1) This compact shall enter into force and become effective as to any state when it hasbeen enacted into the laws of that state. Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawal shall take effect until six monthsafter the withdrawing state has given notice of the withdrawal to the executive heads of all otherparty states.
(2) No withdrawal shall affect the validity or applicability by the licensing boards ofstates remaining party to the compact of any report of adverse action occurring prior to thewithdrawal.
(3) Nothing contained in this compact shall be construed to invalidate or prevent anynurse licensure agreement or other cooperative arrangement between a party state and a non-partystate that is made in accordance with the other provisions of this compact.
(4) This compact may be amended by the party states. No amendment to this compactshall become effective and binding upon the party states unless and until it is enacted into thelaws of all party states.
(1) This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, orprovision of this compact is declared to be contrary to the constitution of any party state or of theUnited States or the applicability thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this compact and the applicability thereof to anygovernment, agency, person, or circumstance shall not be affected thereby. If this compact shallbe held contrary to the constitution of any state party thereto, the compact shall remain in fullforce and effect as to the remaining party states and in full force and effect as to the party stateaffected as to a severable matter.
(2) In the event party states find a need for settling disputes arising under this compact:
(a) the party states may submit the issues in dispute to an arbitration panel which will becomprised of an individual appointed by the compact administrator in the home state; anindividual appointed by the compact administrator in the remote state(s) involved; and anindividual mutually agreed upon by the compact administrators of all the party states involved inthe dispute; and
(b) the decision of a majority of the arbitrators shall be final and binding.
Amended by Chapter 65, 1999 General Session