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Gloria Damgaard, RN; MS Executive Director BOARD OF NURSING.

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Presentation on theme: "Gloria Damgaard, RN; MS Executive Director BOARD OF NURSING."— Presentation transcript:

1 Gloria Damgaard, RN; MS Executive Director BOARD OF NURSING

2 Nurse Licensure Compact Mutual Recognition Model of Licensure State Nursing License Recognized Nationally Enforced Locally Identical Compact Passed by the Legislature in Each Party State Similar to the Drivers License Model

3 Nurse Licensure Compact Article I Findings and Declaration of Purpose Adopted November 1998 Basis for Implementation of the NLC

4 Findings 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. Compliance and Enforcement

5 Violations Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public. Findings

6 The expanded mobility of nurses and use of advanced communication technologies as part of our nations healthcare delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation. Greater Mobility Findings

7 New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex. Technological Advances Findings

8 Duplication Findings The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states. Duplication The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant to both nurses and states.

9 Declaration of Purpose 1.Facilitate the states responsibility to protect the publics 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. Article I

10 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. Purpose …

11 A license to practice nursing (RN – LPN) issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate licensure privilege to practice in such party state. To obtain or retain a license, an applicant must meet the home states qualifications for licensure and renewal, as well as any other applicable state laws. General Provisions and Jurisdiction Article III

12 Multistate licensure privilege means current, official authority from a remote state permitting the practice of nursing as either a RN or LPN/LVN in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurses privilege such as: revocation, suspension, probation, or any other action which affects a nurses authorization to practice. Multistate Licensure Privilege Definition - Article II

13 Home State / Party State / Remote State Home state means the party state which is the nurses primary state of residence. Party state means any state that has adopted the Compact. Remote state means a party state other than the home state. Definition - Article II

14 General Provisions and Jurisdiction Party states may, in accordance with state due process laws, limit or revoke the multistate licensure privilege and may take any other actions under their applicable state laws necessary to protect the health and safety of their citizens.

15 Every nurse practicing in a party state must comply with the state practice laws of the state in which the patient is located at the time care is rendered. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse licensing board, courts and laws of the party state. General Provisions and Jurisdiction

16 The Compact does not affect additional requirements imposed by states for advanced practice registered nursing. A multistate licensure privilege to practice as a RN granted by a party state shall be recognized by other party states as a license to practice registered nursing if one is required by state law as a precondition for advanced practice.

17 Individuals not residing in a party state shall continue to be able to apply for nurse licensure as provided for under laws of each party state; the license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state unless explicitly agreed to by that party state. Single state license General Provisions and Jurisdiction

18 Party states shall ascertain through Nursys® Verification : whether the applicant has ever held or holds a nursing license issued by another state whether there are any restrictions on the multistate privilege whether any adverse action has been taken against the license by any other state Applications for Licensure in a Party State Article IV

19 A nurse in a party state shall hold licensure in only one party state at a time, issued by the home state A nurse who changes primary state of residence to another party state must provide evidence of change in residence to the new home states licensing board prior to the license being issued May work for a period of 30 days during licensure processing (Rule) Former home state license is no longer valid once the new license is issued Applications for Licensure in a Party State

20 Primary State of Residence Licensee must declare a primary state of residence Evidence that may be requested to verify primary state of residence includes but is not limited to: Drivers license with address Voter registration card Federal income tax return

21 Remote states are required to report any remote state actions or significant investigative information to the coordinated licensure information system – The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations The new home state application shall be held in abeyance until the resolution of the pending investigation (Rule) Has authority to take appropriate actions and report to Adverse Actions Article V Nursys®

22 A remote state may take adverse action affecting multistate privilege to practice within that party state Only the home state shall have power to impose adverse action against the license issued by the home state The home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state Adverse Actions does hereby certify that on the 17th day of May Anno Domini 2005 Jane Doe was declared duly qualified to practice nursing in the State of South Dakota and is known as a Registered Nurse

23 Information – Definition Article II Current Significant Investigative Investigative information that a licensing board, after a preliminary inquiry that includes notification and opportunity for the nurse to respond if required by state law, has reason to believe would indicate more than a minor infraction Investigative information that indicates that the nurse represents an immediate threat to the public, regardless of notification and opportunity to respond

24 The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action. Adverse Actions

25 Nothing in the Compact shall override a party states decision that participation in an alternative program may be used in lieu of licensure action, and that such participation shall remain non-public if required by the party states laws. Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from the other party state. Adverse Actions

26 Home states shall include in all licensure disciplinary orders and/or agreements which limit practice and/or require monitoring that the licensee will agree to limit practice to the home state during the pendency of the disciplinary order. Prior written authorization from both the home state and such other party state must be obtained in order to allow the nurse to practice in other party states. Privilege Rule Limitations on Multistate

27 If otherwise permitted by state law, recover from the affected nurse the costs of investigation and disposition of cases resulting from any adverse action taken against that nurse Additional Authorities Article VI

28 Additional Authorities Issue subpoenas for both hearings and investigations which require attendance and testimony of witnesses and the production of evidence Subpoenas issued by a nurse licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction

29 Issue cease and desist orders to limit or revoke a nurses authority to practice in their state Additional Authorities Promulgate rules

30 All party states shall participate in a cooperative effort to create a coordinated database of all licensed registered nurses and licensed practical/vocational nurses. Includes licensure information and disciplinary history of each nurse. Requires reporting of adverse actions, actions against multistate licensure privileges, any current significant investigative information yet to result in adverse action, and denials of applications and reasons for such denials. Coordinated Licensure Information System Article VII

31 The Compact Administrator of each party state shall furnish to the Compact Administrator of each other party state any information and documents including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate administration of the Compact Interchange of Information Article VIII

32 No party state or the officers or employees or agents of a party states nurse licensing board who acts in accordance with the provisions of the Compact shall be liable on account of any act or omission in good faith while engaged in the performance of their duties under the Compact. Good faith does not include willful misconduct, gross negligence, or recklessness. Immunity Article IX

33 Discipline Scenarios Jessica Remote State Action on Multistate Privilege

34 Discipline Scenarios Martha Remote State Action Revocation of Multistate Privilege

35 Impact of the Compact Pocatello Salt Lake City Utah Idaho on Consumers of Nursing Care

36 Impact of the Compact on Consumers of Nursing Care University of Nebraska Hospital Omaha University of Iowa Hospital Iowa City

37 on Consumers of Nursing Care During the floods of 2002, Houston Medical Center was in dire need of nurses due to the number of patients needing special care. Houston Impact of the Compact Recruiters and HR staff were able to pull nurses temporarily from compact states to help. Since there were no endorsement issues, all that was needed was verification of compact status.

38 Wisconsin on Consumers of Nursing Care Impact of the Compact Texarkana Arkansas New Mexico Texas El Paso Houston

39 on Consumers of Nursing Care Impact of the Compact In South Dakota, two large health care systems are in the southeast corner of the state bordering Iowa and Nebraska. I owa South Dakota Nebraska


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