2011 Texas Statutes
OCCUPATIONS CODE
TITLE 3 - HEALTH PROFESSIONS
SUBTITLE E - REGULATION OF NURSING
CHAPTER 305 - NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE E. REGULATION OF NURSING

For contingent expiration of this chapter, see Section 305.003.

CHAPTER 305. NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT

Sec. 305.001.  NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT. The NCSBN Advanced Practice Registered Nurse Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which is as follows:

NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT

ARTICLE 1.  FINDINGS AND DECLARATION OF PURPOSE

(a)  The party states find that:

(1)  the health and safety of the public are affected by the degree of compliance with APRN licensure/authority to practice requirements and the effectiveness of enforcement activities related to state APRN licensure/authority to practice laws;

(2)  violations of APRN licensure/authority to practice and other laws regulating the practice of nursing may result in injury or harm to the public;

(3)  the expanded mobility of APRNs 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 APRN licensure/authority to practice and regulation;

(4)  new practice modalities and technology make compliance with individual state APRN licensure/authority to practice laws difficult and complex;

(5)  the current system of duplicative APRN licensure/authority to practice for APRNs practicing in multiple states is cumbersome and redundant to both APRNs and states;

(6)  uniformity of APRN requirements throughout the states promotes public safety and public health benefits; and

(7)  access to APRN services increases the public's access to health care, particularly in rural and underserved areas.

(b)  The general purposes of this compact are to:

(1)  facilitate the states' responsibilities to protect the public's health and safety;

(2)  ensure and encourage the cooperation of party states in the areas of APRN licensure/authority to practice and regulation, including promotion of uniform licensure requirements;

(3)  facilitate the exchange of information between party states in the areas of APRN regulation, investigation, and adverse actions;

(4)  promote compliance with the laws governing APRN practice in each jurisdiction; and

(5)  invest all party states with the authority to hold an APRN 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 2.  DEFINITIONS

(a)  "Advanced practice registered nurse" or "APRN" means a nurse anesthetist, nurse practitioner, nurse midwife, or clinical nurse specialist to the extent a party state licenses or grants authority to practice in that APRN role and title.

(b)  "Adverse action" means a home or remote state disciplinary action.

(c)  "Alternative program" means a voluntary, non-disciplinary monitoring program approved by a licensing board.

(d)  "APRN licensure/authority to practice" means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.

(e)  "APRN uniform licensure/authority to practice requirements" means those minimum uniform licensure, education, and examination requirements as agreed to by the compact administrators and adopted by licensing boards for the recognized APRN role and title.

(f)  "Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on APRN licensure/authority to practice and enforcement activities related to APRN licensure/authority to practice laws, which is administered by a nonprofit organization composed of and controlled by state licensing boards.

(g)  "Current significant investigative information" means:

(1)  investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the APRN 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

(2)  investigative information that indicates that the APRN represents an immediate threat to public health and safety regardless of whether the APRN has been notified and had an opportunity to respond.

(h)  "Home state" means the party state that is the APRN's primary state of residence.

(i)  "Home state action" means any administrative, civil, equitable, or criminal action permitted by the home state's laws which are imposed on an APRN by the home state's licensing board or other authority, including actions against an individual's license/authority to practice such as:  revocation, suspension, probation, or any other action which affects an APRN's authorization to practice.

(j)  "Licensing board" means a party state's regulatory body responsible for issuing APRN licensure/authority to practice.

(k)  "Multistate advanced practice privilege" means current authority from a remote state permitting an APRN to practice in that state in the same role and title as the APRN is licensed/authorized to practice in the home state to the extent that the remote state laws recognize such APRN role and title.  A remote state has the authority, in accordance with existing state due process laws, to take actions against the APRN's privilege, including revocation, suspension, probation, or any other action that affects an APRN's multistate privilege to practice.

(l)  "Party state" means any state that has adopted this compact.

(m)  "Prescriptive authority" means the legal authority to prescribe medications and devices as defined by party state laws.

(n)  "Remote state" means a party state, other than the home state:

(1)  where the patient is located at the time APRN care is provided; or

(2)  in the case of APRN practice not involving a patient, in such party state where the recipient of APRN practice is located.

(o)  "Remote state action" means:

(1)  any administrative, civil, equitable, or criminal action permitted by a remote state's laws which are imposed on an APRN by the remote state's licensing board or other authority, including actions against an individual's multistate advanced practice privilege in the remote state; and

(2)  cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.

(p)  "State" means a state, territory, or possession of the United States.

(q)  "State practice laws" means a party state's laws and regulations that govern APRN practice, define the scope of advanced nursing practice, including prescriptive authority, and create the methods and grounds for imposing discipline.  State practice laws do not include the requirements necessary to obtain and retain APRN licensure/authority to practice as an APRN, except for qualifications or requirements of the home state.

(r)  "Unencumbered" means that a state has no current disciplinary action against an APRN's license/authority to practice.

ARTICLE 3.  GENERAL PROVISIONS AND JURISDICTION

(a)  All party states shall participate in the nurse licensure compact for registered nurses and licensed practical/vocational nurses in order to enter into the APRN compact.

(b)  No state shall enter the APRN compact until the state adopts, at a minimum, the APRN uniform licensure/authority to practice requirements for each APRN role and title recognized by the state seeking to enter the APRN compact.

(c)  APRN licensure/authority to practice issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate advanced practice privilege to the extent that the role and title are recognized by each party state.  To obtain or retain APRN licensure/authority to practice as an APRN, an applicant must meet the home state's qualifications for authority or renewal of authority as well as all other applicable state laws.

(d)  The APRN multistate advanced practice privilege does not include prescriptive authority, and does not affect any requirements imposed by states to grant to an APRN initial and continuing prescriptive authority according to state practice laws.  However, a party state may grant prescriptive authority to an individual on the basis of a multistate advanced practice privilege to the extent permitted by state practice laws.

(e)  A party state may, in accordance with state due process laws, limit or revoke the multistate advanced practice privilege in the party state and may take any other necessary actions under the party state's applicable laws to protect the health and safety of the party state's citizens.  If a party state takes action, the party state 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.

(f)  An APRN practicing in a party state must comply with the state practice laws and licensing board rules of the state in which the patient is located at the time care is provided.  The APRN practice includes patient care and all advanced nursing practice defined by the party state's practice laws.  The APRN practice will subject an APRN to the jurisdiction of the licensing board, the courts, and the laws of the party state.

(g)  Individuals not residing in a party state may apply for APRN licensure/authority to practice as an APRN under the laws of a party state.  However, the authority to practice granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state unless explicitly agreed to by that party state.

ARTICLE 4.  APPLICATIONS FOR APRN LICENSURE/AUTHORITY TO PRACTICE IN A PARTY STATE

(a)  Once an application for APRN licensure/authority to practice is submitted, a party state shall ascertain, through the coordinated licensure information system, whether:

(1)  the applicant has held or is the holder of a nursing license/authority to practice issued by another state;

(2)  the applicant has had a history of previous disciplinary action by any state;

(3)  an encumbrance exists on any license/authority to practice; and

(4)  any other adverse action by any other state has been taken against a license/authority to practice.

This information may be used in approving or denying an application for APRN licensure/authority to practice.

(b)  An APRN in a party state shall hold APRN licensure/authority to practice in only one party state at a time, issued by the home state.

(c)  An APRN who intends to change the APRN's primary state of residence may apply for APRN licensure/authority to practice in the new home state in advance of such change. However, new licensure/authority to practice will not be issued by a party state until after an APRN provides evidence of change in primary state of residence satisfactory to the new home state's licensing board.

(d)  When an APRN changes primary state of residence by:

(1)  moving between two party states, and obtains APRN licensure/authority to practice from the new home state, the APRN licensure/authority to practice from the former home state is no longer valid;

(2)  moving from a nonparty state to a party state, and obtains APRN licensure/authority to practice 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; and

(3)  moving from a party state to a nonparty state, the APRN licensure/authority to practice 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 5.  ADVERSE ACTIONS

(a)  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.

(b)  The licensing board of a party state shall have the authority to complete any pending investigations for an APRN who changes primary state of residence during the course of such investigations.  It shall also have the authority to take appropriate action, 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.

(c)  A remote state may take adverse action affecting the multistate advanced practice privilege to practice within that party state.  However, only the home state shall have the power to impose adverse action against the APRN licensure/authority to practice issued by the home state.

(d)  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.

(e)  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.

(f)  Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the party state's laws.  Party states must require APRNs 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.

(g)  All home state licensing board disciplinary orders, agreed or otherwise, which limit the scope of the APRN's practice or require monitoring of the APRN as a condition of the order shall include the requirements that the APRN will limit her or his practice to the home state during the pendency of the order.  This requirement may allow the APRN to practice in other party states with prior written authorization from both the home state and party state licensing boards.

ARTICLE 6.  ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS

(a)  Notwithstanding any other powers, party state licensing boards shall have the authority to:

(1)  if otherwise permitted by state law, recover from the affected APRN the costs of investigations and disposition of cases resulting from any adverse action taken against that APRN;

(2)  issue subpoenas for both hearings and investigations, which require the attendance and testimony of witnesses, and the production of evidence;

(3)  issue cease and desist orders to limit or revoke an APRN's privilege or licensure/authority to practice in their state; and

(4)  promulgate uniform rules and regulations as provided for in Article 8(c).

(b)  Subpoenas issued by a 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.

ARTICLE 7.  COORDINATED LICENSURE INFORMATION SYSTEM

(a)  All party states shall participate in a cooperative effort to create a coordinated database of all APRNs.  This system will include information on the APRN licensure/authority to practice and disciplinary history of each APRN, as contributed by party states, to assist in the coordination of APRN licensure/authority to practice and enforcement efforts.

(b)  Notwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate advanced practice 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.

(c)  Current significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.

(d)  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.

(e)  Any personally identifiable information obtained by a party states' 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.

(f)  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.

(g)  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 8.  COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION

(a)  The head of the licensing board, or his/her designee, of each party state shall be the administrator of this compact for his/her state.

(b)  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.

(c)  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 6(a)(4).

ARTICLE 9.  IMMUNITY

No party state or the officers or employees or agents of a party state's licensing board who act 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 10.  ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT

(a)  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 months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.

(b)  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.

(c)  Nothing contained in this compact shall be construed to invalidate or prevent any APRN licensure/authority to practice 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.

(d)  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 11.  CONSTRUCTION AND SEVERABILITY

(a)  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 all severable matters.

(b)  In the event party states find a need for settling disputes arising under this compact:

(1)  the party states may submit the issues in dispute to an arbitration panel which will be composed of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote state involved, and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and

(2)  the decision of a majority of the arbitrators shall be final and binding.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.

Sec. 305.002.  BOARD AUTHORITY. Notwithstanding any provision of this chapter, the Texas Board of Nursing may establish criteria for recognizing advanced practice registered nurses under the NCSBN APRN Compact.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.

Sec. 305.003.  RULES; EXPIRATION OF CHAPTER. (a) The Texas Board of Nursing may adopt rules necessary to implement this chapter.

(b)  If the board does not adopt rules to implement the compact under this chapter before December 31, 2011, the board may not implement the NCSBN APRN Compact and this chapter expires December 31, 2011.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.

Sec. 305.004.  APPLICABILITY OF CHAPTER. If a provision of this chapter or another state's law under the NCSBN APRN Compact conflicts with the laws of this state, the laws of this state prevail.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.

Sec. 305.005.  RIGHTS AND OBLIGATIONS. (a) Unless the context indicates otherwise, or doing so would be inconsistent with the NCSBN APRN Compact, nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact have the same rights and obligations as imposed by the laws of this state on license holders of the Texas Board of Nursing.

(b)  The Texas Board of Nursing has the authority to determine whether a right or obligation imposed on license holders applies to nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact unless that determination is inconsistent with the NCSBN APRN Compact.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.

Sec. 305.006.  ENFORCEMENT. The Texas Board of Nursing is the state agency responsible for taking action against nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact as authorized by the NCSBN APRN Compact.  The action shall be taken in accordance with the same procedures for taking action against nurses licensed by this state.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 30, eff. September 1, 2007.