2005 Idaho Code - 54-1418 — NURSE LICENSURE COMPACT

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 14
                                    NURSES
    54-1418.  NURSE LICENSURE COMPACT. The terms and conditions of the nurse
licensure compact are hereby enacted in substantially the following form:

                           NURSE LICENSURE COMPACT
                                  ARTICLE I
                     FINDINGS AND DECLARATION OF PURPOSE
    (1)  The party states find that:
    (a)  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;
    (b)  Violations of nurse licensure and other laws regulating the practice
    of nursing may result in injury or harm to the public;
    (c)  The expanded mobility of nurses and the use of advanced communication
    technologies as part of our nation's health care delivery system require
    greater coordination and cooperation among states in the areas of nurse
    licensure and regulation;
    (d)  New practice modalities and technology make compliance with
    individual state nurse licensure laws difficult and complex; and
    (e)  The current system of duplicative licensure for nurses practicing in
    multiple states is cumbersome 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 licensure and regulation;
    (c)  Facilitate the exchange of information between party states in the
    areas of nurse regulation, investigation and adverse actions;
    (d)  Promote compliance with the laws governing the practice of nursing in
    each jurisdiction; and
    (e)  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.

                                  ARTICLE II
                                 DEFINITIONS
As used in this compact:
    (1)  "Adverse action" means a home or remote state action.
    (2)  "Alternative program" means a voluntary, nondisciplinary monitoring
program approved by a nurse licensing board.
    (3)  "Coordinated licensure information system" means an integrated
process for collecting, storing and sharing information on nurse licensure and
enforcement activities related to nurse licensure laws, which is administered
by a nonprofit organization composed of and controlled by state nurse
licensing boards.
    (4)  "Current significant investigative information" means:
    (a)  Investigative information that a licensing board, after a preliminary
    inquiry that includes notification and an opportunity for the nurse to
    respond if required by state law, has reason to believe is not groundless
    and, if proved true, would indicate more than a minor infraction; 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 an opportunity 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 action permitted by the home state's laws which are imposed on a
nurse by the home state's licensing board 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 nurse licenses.
    (8)  "Multistate licensure privilege" means current, official authority
from a remote state permitting the practice of nursing as either a registered
nurse or a licensed practical/vocational nurse in such party state. All party
states have the authority, in accordance with existing state due 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 those terms 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 where the recipient of nursing practice is located.
    (12) "Remote state action" means:
    (a)  Any administrative, civil, equitable or criminal action permitted by
    a remote state's laws which are imposed on a nurse by the remote state's
    licensing board or other authority including actions against an
    individual's multistate licensure privilege to practice in the remote
    state; and
    (b)  Cease and desist and other injunctive or equitable orders issued by
    remote states or the licensing boards thereof.
    (13) "State" means a state, territory, or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.
    (14) "State practice laws" means those individual party's state laws and
rules or regulations that govern the practice of nursing, define the scope of
nursing practice, and create the methods and grounds for imposing discipline.
"State practice laws" does not include the initial qualifications for
licensure or requirements necessary to obtain and retain a license, except for
qualifications or requirements of the home state.

                                 ARTICLE III
                     GENERAL PROVISIONS AND JURISDICTION
    (1)  A license to practice registered nursing 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 as a registered nurse in such party
state. A license to practice licensed practical/vocational nursing 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 as a licensed
practical/vocational nurse in such party state. In order to obtain or retain a
license, an applicant must meet the home state's qualifications for licensure
and license renewal as well as all other applicable state laws.
    (2)  Party states, in accordance with state due process laws, may limit or
revoke the multistate licensure privilege of any nurse to practice in their
state and may take any other actions under their applicable state laws
necessary to protect the health and safety of their citizens. If a party state
takes such action, it shall promptly notify the administrator of the
coordinated licensure information system. The administrator of the coordinated
licensure information system shall 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 the state in which the patient is located at the time care is
rendered. In addition, 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 and the courts, as well as the laws,
in that party state.
    (4)  This compact does not affect additional requirements imposed by
states for advanced practice registered nursing. However, a multistate
licensure privilege to practice registered nursing 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 qualifying for
advanced practice registered nurse authorization.
    (5)  Individuals not residing in a party state shall continue to be able
to apply for nurse licensure as provided for under the laws of each party
state. However, 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.

                                  ARTICLE IV
                 APPLICATIONS FOR LICENSURE IN A 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 is the holder of, a license issued by any
other party state, whether there are any restrictions on the multistate
licensure privilege, and whether any other adverse action by any state has
been taken against the license.
    (2)  A nurse in a party state shall hold licensure in only one (1) party
state at a time, issued by the home state.
    (3)  A nurse who intends to change primary state of residence may apply
for licensure in the new home state in advance of such change. However, new
licenses will not be issued by a party state until after a nurse provides
evidence of change in primary state of residence satisfactory to the new home
state's licensing board.
    (4)  When a nurse changes primary state of residence by:
    (a)  Moving between two (2) party states, and obtains a license from the
    new home state, the license from the former home state is no longer valid;
    (b)  Moving from a nonparty state to a party state, and obtains a license
    from the new home state, the individual state license issued by the
    nonparty state is not affected and will remain in full force if so
    provided by the laws of the nonparty state;
    (c)  Moving from a party state to a nonparty state, the license issued by
    the prior home state converts to an individual state license, valid only
    in the former home state, without the multistate licensure privilege to
    practice in other party states.

                                  ARTICLE V
                               ADVERSE ACTIONS
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 the coordinated licensure information system any remote state
actions including the factual and legal basis for such action, if known. The
licensing board of a remote state shall also promptly report any significant
current investigative information yet to result in a remote state action. The
administrator of the coordinated licensure information system shall promptly
notify the home state of any such reports.
    (2)  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. It shall also have the
authority to take appropriate action(s), and shall promptly report the
conclusions of such investigations to the administrator of the coordinated
licensure information system. The administrator of the coordinated licensure
information system shall promptly notify the new home state of any such
actions.
    (3)  A remote state may take adverse action affecting the multistate
licensure privilege to practice within that party state. However, only the
home state shall have the power to impose adverse action against the license
issued by the home state.
    (4)  For purposes of imposing adverse action, the licensing board of 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. In so doing, it shall apply its own state laws to determine
appropriate action.
    (5)  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.
    (6)  Nothing in this compact shall override a party state's decision that
participation in an alternative program may be used in lieu of licensure
action and that such participation shall remain nonpublic if required by the
party state's 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 such other party
state.

                                  ARTICLE VI
    ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE NURSE LICENSING BOARDS
Notwithstanding any other powers, party state nurse licensing boards shall
have the authority to:
    (1)  If otherwise permitted by state law, recover from the affected nurse
the costs of investigations and disposition of cases resulting from any
adverse action taken against that nurse;
    (2)  Issue subpoenas for both hearings and investigations which require
the 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, according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending before it. The issuing
authority shall pay any witness fees, travel expenses, mileage and other fees
required by the service statutes of the state where the witnesses and/or
evidence are located;
    (3)  Issue cease and desist orders to limit or revoke a nurse's authority
to practice in their state; and
    (4)  Promulgate uniform rules and regulations as provided for in article
VIII(3).

                                 ARTICLE VII
                   COORDINATED LICENSURE INFORMATION SYSTEM
    (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 will include information on the
licensure and disciplinary history of each nurse, as contributed by party
states, to assist in the coordination of nurse licensure and enforcement
efforts.
    (2)  Notwithstanding any other provision of law, all party states'
licensing boards shall promptly report adverse actions, actions against
multistate licensure privileges, any current significant investigative
information yet to result in adverse action, denials of applications, and the
reasons for such denials, to the coordinated licensure information system.
    (3)  Current significant investigative information shall be transmitted
through the coordinated licensure information system only to party states'
licensing boards.
    (4)  Notwithstanding any other provision of law, all party states'
licensing boards contributing information to the coordinated licensure
information system may designate information that may not be shared with
nonparty states or disclosed to other entities or individuals without the
express permission of the contributing state.
    (5)  Any personally indentifiable information obtained by a party state's
licensing board from the coordinated licensure information system may not be
shared with nonparty states or disclosed to other entities or individuals
except to the extent permitted by the laws of the party state contributing the
information.
    (6)  Any information contributed to the coordinated licensure information
system that is subsequently 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 with the administrator of the coordinated licensure information
system, shall formulate necessary and proper procedures for the
identification, collection, and exchange of information under this compact.

                                 ARTICLE VIII
            COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION
    (1)  The head of the nurse licensing board, or his/her designee, of each
party state shall be the administrator of this compact for his/her state.
    (2)  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 the administration of this compact.
    (3)  Compact administrators shall have the authority to develop uniform
rules to facilitate and coordinate implementation of this compact. These
uniform rules shall be adopted by party states under the authority invested
under article VI(4).

                                  ARTICLE IX
                                   IMMUNITY
    No party state or the officers or employees or agents of a party state's
nurse licensing board who acts in accordance with the provisions of this
compact shall be liable on account of any act or omission in good faith while
engaged in the performance of their duties under this compact. Good faith in
this article shall not include willful misconduct, gross negligence or
recklessness.

                                  ARTICLE X
                  ENTRY INTO FORCE, WITHDRAWAL AND AMENDMENT
    (1)  This compact shall enter into force and become effective as to any
state when it has been enacted into the laws of that state. Any party state
may withdraw from this compact by enacting a statute repealing the same, but
no such withdrawal shall take effect until six (6) months after the
withdrawing state has given notice of the withdrawal to the executive heads of
all other party states.
    (2)  No withdrawal shall affect the validity or applicability by the
licensing boards of states remaining party to the compact of any report of
adverse action occurring prior to the withdrawal.
    (3)  Nothing contained in this compact shall be construed to invalidate or
prevent any nurse licensure agreement or other cooperative arrangement between
a party state and a nonparty state 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
compact shall become effective and binding upon the party states unless and
until it is enacted into the laws of all party states.
                                  ARTICLE XI
                        CONSTRUCTION AND SEVERABILITY
    (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 or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this compact and the
applicability thereof to any government, agency, person or circumstance shall
not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, 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 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 be comprised of an individual appointed by the compact
    administrator in the home state; an individual appointed by the compact
    administrator in the remote state(s) involved; and an individual mutually
    agreed upon by the compact administrators of all the party states involved
    in the dispute; and
    (b)  The decision of a majority of the arbitrators shall be final and
    binding.