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Page 1: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

NLC Commission Midyear Meeting March 2, 2020 | Boston, MA

Page 2: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

1

AGENDAMidyear Meeting of the Commission

March 2, 2020(Breakfast 8:00 to 8:30 am)Meeting: 8:30 am 4:30 pm

Meeting Room: Oval Room Fairmont Copley Plaza, Boston 138

St. James AvenueBoston, Massachusetts 02116

617.267.5300

ICNLCA Core Purpose: To enhance cross border practice and nurse mobility, thereby providing for greater accessibility to safe healthcare.

ICNLCA Mission: The mission of the Interstate Commission of Nurse Licensure Compact Administrators (ICNLCA) is:

To facilitate cross border nursing practice through the implementation of a nationally recognized, multistate license. ICNLCA enhances nurse mobility and public protection primarily through:

Maintaining uniform licensure standards among party state boards of nursing.

Promoting cooperation and collaboration between party states.

Facilitating the exchange of data and information between party states; and

Educating stakeholders.

ICNLCA Core Values: • Transparency• Integrity• Accountability• Innovation• Collaboration

FINAL 2/18/20

Page 3: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2

# Time Action Agenda Item Attachment

1. 1:00 pm

a) Call to Order (K. Glazier)b) Roll Call (M. Bieniek)c) Declare Quorum Present (K. Glazier)d) Adopt Agendae) Introduce NCSBN Staff and Welcome Guests (K.

Glazier)

2. 1:10 pm Review/ Approve Minutes of January 7, 2020 Att_2

3. 1:15 pm Information Legislative Updates (Fotsch) See Reference Map

4. 1:30 pm Information Treasurer’s Report (A. Oertwich) Att_4 Att_4A

5. 1:40 pm Discuss/ Decide

Rules Committee Report (Ridenour/Thompson-May) a) Proposed Rule Recommendationsb) Rulemaking Timelinec) Vote on Publication of Proposed Rules

Att_5a Att_5b

6. 2:10 pm Discuss/Adopt Compliance Committee Report (J. Puente)

• Updated Self-Audit for Compliance ToolAtt_6

7. 2:25 pm Information Policy Committee Report (P. Zickafoose) Att_7

8. 2:40 pm Information Training and Education Committee Report (A. Oertwich) Att_8 Att_8a Att_8b

2:55 pm BREAK

9. 3:10 pm Information Election Committee Report (S. Poole, C. LaBonde) Att_9 Att_9A

10. 3:20 pm Information Strategic Plan Update (K. Glazier)

Page 4: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

3

11. 3:30 pm Information Open Discussion Forum (All)

12. 3:45 pm Executive Session: a) Certification by Legal Counsel with Reference to

Relevant Law Exempting Provisions (R. Masters)b) Motion/Second/Vote to Enter Executive Session (K.

Glazier)i. Roll Call Vote to Enter Executive Session

(Article Vii (c)(3) (M. Bieniek)c) Motion/Second/Vote to Return to Open Session (K.

Glazier)

ADJOURNMENT Following Executive Session REFERENCE DOCUMENTS Statutes Rules Bylaws Committees Commissioner Roster Map Org Chart Legal FAQs Policy Manual FY2020 Commissioner meeting schedule

Page 5: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners
Page 6: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

1

MINUTES NLC Commission Meeting

Via Teleconference January 7, 2020

2:00 PM CT

Commissioners Present: 1. P. Benson, Alabama2. J. Ridenour, Arizona (Member-at-Large)3. S. Tedford, Arkansas4. P. Zickafoose, Delaware (Member-at-Large)5. J. Baker, Florida (Member-at-Large)6. J. Cleghorn, Georgia7. R. Barron, Idaho8. T. Herron, Indiana9. K. Weinberg, Iowa10. J. Estes, Kentucky11. J. Becknell, Louisiana PN12. K. Esquibel, Maine13. P. Johnson, Mississippi (Member-at-Large)14. M. Poortenga, Montana15. A. Oertwich, Nebraska (Treasurer)16. B. Crumley Aybar, New Hampshire17. J. Leone, New Jersey18. S. Poole, New Mexico19. M. McDonald (Designee for J. George), North Carolina20. S. Pfenning, North Dakota, (Vice-Chair)21. K. Glazier, Oklahoma, (Chair)22. C. Moody, South Carolina23. G. Damgaard, South Dakota24. L. Lund, Tennessee25. K. Thomas, Texas26. J. Busjahn, Utah27. J. Douglas, Virginia28. S. Painter, West Virginia RN Board

Absent:L. Bratton, ColoradoC. Moreland, Kansas

Draft 1/8/20

Page 7: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2

K. Lyon, Louisiana RNK. Evans, MarylandL. Scheidt, MissouriM. Mayhew, West Virginia PNC. LaBonde, WyomingP. Kallio, Wisconsin

Others: N. Goldman, KentuckyF. Knight, ArkansasA. Fitzhugh, North CarolinaR. Masters, NLC Legal CounselS. Willinger, Virginia

Staff Present: J. Puente, Director, NLCM. Bieniek, Sr. Coordinator, NLCA. Johnston, NursysJ. Kendall, NursysN. Livanos, Sr. Associate, Legislative AffairsK. Russell, Associate Director, Nursing Regulation

# Agenda Item Minutes

1.

a) Call to Orderb) Roll Callc) Declare Quorum Presentd) Adopt Agenda

• Chair K. Glazier called the meeting to order at 2:02pm CT.

• M. Bieniek announced that 25 members werepresent.

• K. Glazier declared a quorum present.• S. Tedford moved to adopt the agenda and J. Baker

seconded. The motion carried.

2. Draft Minutes of October 8, 2019 A. Oertwich moved to adopt the minutes as presentedand C. Moody seconded. The motion carried.

3. Legislative Affairs Update N. Livanos provided the legislative update.There are pending bills in MI, PA, MA and Guam.• AK: will be introduced as a part of the governor’s

initiative. NCSBN will hire a lobbyist in AK.• Guam: Bill 239-35 has been introduced. A material

deviation in the bill will be removed.• IL: There will be patient staffing ratio bills in IL.

This will occupy the usual leaders of the NLCinitiative. There will be new strategy as a result.

• MA: NLC is included in an omnibus bill sponsoredby the governor.

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3

• MI: Bill is pending. Only a House version has beenfiled. NCSBN has a lobbyist in MI.

• PA: PSNA is a union and expressed opposition tothe primary sponsor.

• VT: Dept of Professional Regulation will get NLC billintroduced.

• WA: Dept of Defense has been a strong advocate.A letter from the Army chief nurse will beproduced.

4. Policy Committee Update

Policy Committee: Draft Policies for Commission Consideration

a) Misdemeanor Related to the Practice ofNursing

b) Reserve Fundc) Nursys Policyd) Accessing Legal Counsele) Advisory Opinion Policy

Draft policies that are postponed pending legal consultation:

• Conflict of Interest• Composition, Duties, Tenure of Committees• Records Retention

Future draft policies: • Nurse Alert Policy• Deactivation of MSL Policy

A. Fitzhugh provided the policy committee report.Fitzhugh reviewed the following policies andresponded to questions.a) Misdemeanor Related to the Practice of Nursingb) Reserve Fund

Art VII (g) 10 and VII (h) should be added asAuthority

c) Nursys Policyd) Accessing Legal Counsele) Advisory Opinion Policy

C. Moody made a motion to approve the five policiesand P. Zickafoose seconded. The motion carried.

5. Commission FY20 Budget P. Zickafoose moved to approve the budget aspresented and C. Moody seconded. The motioncarried.

6. Advisory Opinion 3-2019 re: does disciplinary action taken before enactment of the NLC constitute as an encumbrance under the NLC.

R. Masters summarized the intent of the advisoryopinion. The NLC requires that there be noencumbrance on a license in order to be eligible for amultistate license.Masters suggested an edit: In the Issue statement, endthe sentence with the word resolved.

One member asked, how does this relate to a denied application? How can the applicant resolve that situation?

Members agreed that the outcome of the advisory opinion is correct.

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4

J. Ridenour moved to approve the redline versionpresented and P. Benson seconded. The motioncarried.

7. Suggestions for Commission Midyear Meeting Agenda Puente requested items that may be added to the agenda. None were suggested. Puente said that a Call for Agenda Items will be sent in a few weeks and the agenda finalized in mid-Feb.

8 Additional Legal FAQs J. Douglas moved to adopt revisions to #s 10-11 andthe addition of #s 18-20 of the legal FAQs and P.Benson seconded. The motion carried.

9. Updated Denial Tip Sheet K. Russell summarized a new denial tip sheet whichshe produced. Russell will post the document. Puentewill disseminate the document to commissioners.

10. Open Discussion a) Commissionersb) NCSBN membersc) NCSBN staffd) Public

K. Glazier provided an opportunity for open discussionfrom anyone on the call. There were no additionalcomments.

ADJOURN The meeting adjourned at 3:24 pm CT.

Page 10: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners
Page 11: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

1

Financial Report

Ann Oertwich, PhD, MSN, RNTreasurer

Commissioner, Nebraska

The Reporting Period

• FY20, Oct 1, 2019 – Jan 31, 2020

1

2

Page 12: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

2

NCSBN-funded NLC Budget

• Total Expenses: $110,998• Total Budget: $669,684• 17% of budget spent at the end of the first

four months.• We are under-budget at this time.

NCSBN-funded NLC Budget

$0

$88,946

$0 $564

$19,315

$197 $849 $860$0

$10,000$20,000$30,000$40,000$50,000$60,000$70,000$80,000$90,000

$100,000

APRNCompact

Staff ConsultantFees

Supplies &Materials

Meetings &Travel

Printing &Copying

Awards &Gifts

Books &Memberships

Expenses

Expenses

3

4

Page 13: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

3

Commission-funded NLC Budget

Revenue• Annual Fees collected: $174,000

Commission-funded NLC Budget

Expenses• Legal Fees: $ 4,675• MOU Fee w/NCSBN: $50,000

5

6

Page 14: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

4

Commission-funded NLC Budget

Cash Balance• At 6/30/19: $515,944• Income: $174,000• Less Expenses: $54,675• At 1/31/20: $635,269

Questions

7

8

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Page 16: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

YTD

Act

ual*

FY20

Ann

ual

Bud

get

Varia

nce

YTD

Act

ual*

FY20

Ann

ual

Bud

get

Varia

nce

Cas

h ba

lanc

e at

6/3

0/19

$515

,944

Rev

enue

Rev

enue

Secr

etar

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ee (M

OU

with

N$5

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0$5

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Annu

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$174

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$180

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otal

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00($

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*Bas

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CSB

N fi

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/31/

20.

NCS

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nded

N

LC R

even

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Exp

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Com

mis

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enue

/ E

xpen

se R

epor

t

Page 17: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners
Page 18: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners
Page 19: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

1

Rules Committee Report

Co-ChairsJoey Ridenour (AZ BON)

Brett Thompson-May (MS BON)

1

2

Page 20: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

2

Committee Members1. Joey Ridenour, RN, MN, FAAN Executive Director Arizona

2. Brett Thompson, JD Board Attorney Mississippi

3. Kim Esquibel, PhD, MSN, RN Executive Director Maine

4. Michelle Mayhew, MSN, MBA/HCM, RN‐BC Executive Director West Virginia ‐PN

5. Carol Moody,  RN, BSN, MS, NEA‐BC Executive Director South Carolina

6. Stacey Pfenning, DNP, APRN, FNP, FAANP Executive Director  North Dakota 

7. Debbie McKinney, JD Board Attorney Oklahoma

8. Amy Fitzhugh, JD Board Attorney North Carolina 

9. Rick Masters, JD Special Counsel 

Rulemaking Timeline

* Indicates a scheduled meeting

DATE ACTIVITY*March 2, 2020  Commission meets at NLC

Midyear Meeting to review proposed rules and to vote on publication of  proposed rules

March 12, 2020  Proposed rules published and public comment period begins

May 12, 2020  Public Comment period ends. Rules Committee meets to review and consider comments received 

3

4

Page 21: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

2/24/2020

3

Rulemaking Timeline

* Indicates a scheduled meeting

DATE ACTIVITY*May 19, 2020  Executive Committee reviews 

Rules Committee final recommendations

*June 9, 2020  Rules Committee final recommendations sent to Commissioners

*August 11, 2020  Commissioners vote on final rules at NLC Annual Meeting

January 1, 2020  The effective date of rules as recommended by the Rules Committee and approved by Commissioners

Proposed Rule Rationale Statutory Authority

408:  FEDERAL CRIMINAL RECORDSCommunication between a party state and the Commission and communication between party states regarding verification of nurse eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member board under Public Law 92‐544

To ensure compliance with public Federal Law 92‐544, federal criminal history background information is any information collected and stored in the criminal record repository of the Federal Bureau of Investigation (FBI) reflecting the result of an arrest, detention, or initiation of a criminal proceeding by criminal justice agencies, including, but not limited to, arrest record information, fingerprint cards, correctional induction and release information, identifiable descriptions, and notations of arrests, detention, indictments, or other formal charges. The term shall not include analytical records or investigative reports that contain criminal intelligence information or criminal investigation information

• Art III (c) (6)

• Art V (5)

5

6

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2/24/2020

4

Proposed Rule Rationale Statutory Authority

409: ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSESAn active duty service member, or his or her spouse, shall designate a home state where the service member or spouse has a current license in good standing.  The service member or spouse may retain the home state designation during the period the service member or spouse is on active duty.  Subsequent to designating a home state, the service member or spouse shall only change home state through application for licensure in the new state.

In accordance with federal law and  recommendations from the Department of Defense, to clarify home state designations for military members and spouses. This is to remain consistent with other health occupation licensure compacts and federal law concerning military member and spouse place of residence.

• Article I• Article II (f)• Article III (a)• Military Spouse

ResidencyRelief Act

Proposed Rule Rationale Authority

502 Dispute Resolution

2. The parties shall first attempt informal resolution. The Compact Administrators in the states involved shall contact each other. Each Compact Administrator shall submit a written statement describing the situation to the other Compact Administrators involved in the dispute. Each Compact Administrator may submit a response. The submission of the statement and the response shall be in a mutually agreed upon time frame. If the dispute is related to an interpretation of the Compact is needed, the parties shall request assistance from the Executive Committee. If all issues are resolved, no further action is required and all party state Compact Administrators shall be informed of the result. If any issue remains unresolved, the parties shall notify the Commission and request mediation. provide the Compliance Committee with a concise statement of unresolved issue(s) and analysis including references to NLC statutes, rules and any supporting documents. After review by the Compliance Committee, its recommendations will be sent to the parties and the Executive Committee for further review.

To clarify the compliance committee role in the dispute resolution process. 

Art IX c 

7

8

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Timeline for Rulemaking Process

1. *Jan. 30-31, 2020 Rules Committee meets to discuss future proposed Rules

2. *February 4, 2020 Rules Committee presents initial recommendations to Executive Committee

3. February 6, 2020 Initial recommendations sent to Executive Committee and Commission

4. *March 2, 2020 Rules Committee presents initial recommendations to Commission

Rules Committee meets to consider feedback from Midyear meeting

Commission meets to review proposed rules

Commission meets to vote on publication of proposed rules

5. March 12, 2020 Proposed rules published and public comments received

6. May 12, 2020 Public Comment period ends. Rules Committee meets to review and

consider comments received

7. May 19, 2020(TENT.) Executive Committee reviews Rules Committee final recommendation

8. *June 9, 2020 Rules Committee final recommendations sent to Commission

9. *August 11, 2020 Commission votes on final rules

10. January 1, 2021 The effective date of rules as recommended by the Rules Committee

*Indicates a scheduled meeting

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Self

Audi

t for

Com

plia

nce

1

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

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s

Licen

sure

Req

uire

men

ts

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a lic

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f one

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ore

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an

d is

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tion

sent

to th

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An a

pplic

ant f

or lic

ensu

re w

ho is

de

term

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for a

m

ultis

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se, s

hall b

e no

tifie

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th

e ho

me

stat

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he q

ualif

icatio

ns

not m

et.

Artic

le II

I c

i-xi.

2.Do

es th

e bo

ard

requ

ire a

de

clara

tory

stat

emen

t of p

rimar

y st

ate o

f res

iden

ce w

ith in

itial

, re

new

al an

d re

inst

atem

ent

appl

icatio

ns?

Artic

le IV

(c)(2

): A

mul

tista

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ense

sh

all n

ot b

e iss

ued b

y th

e ne

w h

ome

stat

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a ch

ange

in

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the

new

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satis

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ll app

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ents

to o

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om th

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ome

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Rule

401

. PAR

TY ST

ATE

RESP

ONSI

BILI

TIES

(1) O

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l app

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s for

m

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tate

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all r

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(a) A

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3.Do

es th

e bo

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issue

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gle s

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if a

nur

se de

clare

s a fo

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n Ru

le 4

02 (5

) An

appl

icant

who

is a

citize

n of a

fore

ign

coun

try,

and

who

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2

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

coun

try a

s prim

ary s

tate

of

resid

ence

?is

law

fully

pre

sent

in th

e Un

ited

Stat

es

and

is ap

plyin

g fo

r mul

tista

te

licen

sure

in a

par

ty st

ate m

ay de

clare

ei

ther

the a

pplic

ant’s

coun

try o

f orig

in

or th

e pa

rty s

tate

whe

re th

ey a

re

livin

g as

the p

rimar

y sta

te of

re

siden

ce. I

f the

app

lican

t dec

lare

s th

e fo

reig

n co

untr

y ast

he p

rimar

y st

ate o

f res

iden

ce, t

he pa

rty s

tate

sh

all n

ot is

sue a

mul

tista

te lic

ense

, bu

t may

issu

e a si

ngle

stat

e lice

nse i

f th

e ap

plica

nt m

eets

the

part

y sta

te’s

licen

sure

requ

irem

ents

.4.

Does

the

boar

d co

nver

t the

m

ultis

tate

licen

se to

sing

le st

ate

upon

not

ifica

tion

that

the

prim

ary

stat

e of r

esid

ence

is ch

ange

d to

a no

n-pa

rty s

tate

?

Artic

le IV

(d)

If a n

urse

chan

ges

prim

ary s

tate

of re

siden

ce by

mov

ing

from

a p

arty

stat

e to a

non-

part

y st

ate,

the m

ultis

tate

licen

se is

sued

by

the

prio

r hom

e st

ate w

ill co

nver

t to

a sin

gle-

stat

e lice

nse,

valid

only

in th

e fo

rmer

hom

e st

ate.

Rule

403

(3) I

f a p

arty

stat

e ver

ifies

th

at a

licen

see w

ho h

olds

a m

ultis

tate

lic

ense

chan

ges p

rimar

y sta

te of

re

siden

ce to

a n

on-p

arty

stat

e, th

e pa

rty s

tate

shal

l con

vert

the

mul

tista

te lic

ense

to a

sing

le st

ate

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3

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

licen

se w

ithin

fifte

en (1

5) ca

lend

ar

days

, and

repo

rt th

is co

nver

sion

to

the

Coor

dina

ted L

icens

ure

Info

rmat

ion

Syst

em(N

ursy

s).

5.Do

es th

e bo

ard

gran

t mul

tista

te

licen

sure

priv

ilege

s whe

n it

issue

s a

tem

pora

ry pe

rmit/

licen

se?

Rule

404

. A te

mpo

rary

per

mit,

licen

se,

or si

mila

r tem

pora

ry a

utho

rizat

ion t

o pr

actic

e iss

ued b

y a

part

y sta

te to

an

appl

icant

for l

icens

ure

shal

l not

gra

nt

mul

tista

te lic

ensu

re pr

ivile

ges.

6.Do

es th

e bo

ard

issue

a sin

gle

stat

e lice

nse t

o an

indi

vidua

l who

se

licen

se is

encu

mbe

red?

Artic

le II

(e) “

Encu

mbr

ance

” mea

ns a

revo

catio

n or

susp

ensio

n of,

or a

ny

limita

tion

on, t

he fu

ll an

d un

rest

ricte

d pr

actic

e of n

ursin

g im

pose

d by

a

licen

sing

boar

d.

Artic

le II

I (c)

Eac

h pa

rty s

tate

shal

l re

quire

the

follo

win

g fo

r an

appl

icant

to

obt

ain

or re

tain

a m

ultis

tate

licen

se

in th

e ho

me

stat

e:5.

Is el

igib

le fo

r or h

olds

an

activ

e,

unen

cum

bere

d lic

ense

;Ar

ticle

V(b

) If a

dver

se ac

tion i

s tak

en

by th

e hom

e st

ate a

gain

st a

nurs

e’s

mul

tista

telic

ense

, the

nurs

e’s

mul

tista

te lic

ensu

re pr

ivile

ge to

pr

actic

e in

all o

ther

par

ty st

ates

shal

l be

dea

ctiva

ted u

ntil a

ll enc

umbr

ance

s

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4

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

have

bee

n re

mov

ed fr

om th

e m

ultis

tate

licen

se.

Rule

407

: A p

arty

stat

e sha

ll de

term

ine

whe

ther

a di

squa

lifyin

g ev

ent w

ill re

sult

in a

dver

se ac

tion

or

deac

tivat

ion o

f a m

ultis

tate

licen

se or

pr

ivile

ge. U

pon

deac

tivat

ion d

ue to

a

disq

ualif

ying

even

t, th

e ho

me

stat

e m

ay is

sue a

sing

le st

ate l

icens

e.7.

Does

the

boar

d iss

ue a

singl

est

ate l

icens

e to

an in

divid

ual w

hose

ap

plica

tion

was

deni

ed fo

r cau

se

until

such

tim

e as

the

indi

vidua

l w

ould

be

elig

ible

for a

n un

rest

ricte

d lic

ense

in th

e pr

ior s

tate

of a

dver

se

actio

n?

Artic

le II

I (c)

Eac

h pa

rty s

tate

shal

l re

quire

the

follo

win

g fo

r an

appl

icant

to

obt

ain

or re

tain

a m

ultis

tate

licen

se

in th

e ho

me

stat

e:5.

Is el

igib

le fo

r or h

olds

an

activ

e,

unen

cum

bere

d lic

ense

;

8.Do

es th

e bo

ard

com

plet

e pe

ndin

g in

vest

igat

ions

of a

nur

se w

ho

chan

ges P

SOR

durin

g th

e in

vest

igat

ion?

Artic

le V

(a) (

3) C

ompl

ete a

ny p

endi

ng

inve

stig

atio

ns of

a n

urse

who

cha

nges

pr

imar

y sta

te of

resid

ence

durin

g th

e co

urse

of s

uch

inve

stig

atio

ns. T

he

licen

sing

boar

d sh

all a

lso h

ave

the

auth

ority

to ta

ke ap

prop

riate

act

ion(

s)

and

shal

l pro

mpt

ly re

port

the

conc

lusio

ns o

f suc

h inv

estig

atio

ns to

th

e ad

min

istra

tor o

f the

coor

dina

ted

licen

sure

info

rmat

ion

syst

em. T

he

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t for

Com

plia

nce

5

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

adm

inist

rato

r of t

he co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

shal

l pr

ompt

ly no

tify t

he n

ew h

ome

stat

e of

any

such

actio

ns.

9.Ha

s the

boar

d im

plem

ente

d fin

gerp

rint-b

ased

stat

e/fe

dera

l CBC

co

re re

quire

men

t for

app

lican

ts fo

r lic

ensu

re b

y exa

min

atio

n an

d en

dors

emen

t?

Artic

le II

I(b) A

sta

te m

ust i

mpl

emen

t pr

oced

ures

for c

onsid

erin

g the

cr

imin

al h

istor

y rec

ords

of a

pplic

ants

fo

r ini

tial m

ultis

tate

licen

se or

lic

ensu

re b

y end

orse

men

t. Su

ch

proc

edur

es sh

all in

clude

the

subm

issio

n of f

inge

rprin

ts or

oth

er

biom

etric

-bas

ed in

form

atio

n by

ap

plica

nts f

or th

e pu

rpos

e of

ob

tain

ing

an a

pplic

ant’s

crim

inal

hi

stor

y rec

ord

info

rmat

ion

from

the

Fede

ralB

urea

u of I

nves

tigat

ion a

nd

the

agen

cy re

spon

sible

for r

etai

ning

th

at st

ate’

s crim

inal

reco

rds.

Artic

le IV

(a) a

.Up

on a

pplic

atio

n fo

r a

mul

tista

te lic

ense

, the

licen

sing

boar

d in

the

issui

ng pa

rty s

tate

shal

l as

cert

ain,

thro

ugh t

he co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

, w

heth

er th

e ap

plica

nt h

as ev

er h

eld,

or

is th

e ho

lder

of,

a lic

ense

issu

ed b

y an

y oth

er st

ate,

whe

ther

ther

e are

an

y enc

umbr

ance

s on

any l

icens

e or

Page 32: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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plia

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6

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

mul

tista

te lic

ensu

re pr

ivile

ge h

eld

by

the

appl

icant

, whe

ther

any

adve

rse

actio

n ha

s bee

nta

ken

agai

nst a

ny

licen

se o

r mul

tista

te lic

ensu

re

privi

lege

hel

d by

the

appl

icant

and

w

heth

er th

e ap

plica

nt is

curr

ently

pa

rtici

patin

g in

an a

ltern

ative

pr

ogra

m.

10.

Does

the

part

y sta

te re

port

the

item

s in

the u

nifo

rm d

ata s

et to

the

Coor

dina

ted

Licen

sure

Info

rmat

ion

Syst

em(N

ursy

s)w

ithin

fifte

en (1

5)

cale

ndar

days

of t

he d

ate

on w

hich

th

e ac

tion

is ta

ken?

201.

UNIF

ORM

DAT

A SE

T AN

D LE

VELS

OF

ACCE

SS

(1)T

he C

ompa

ct A

dmin

istra

tor o

f ea

ch p

arty

stat

e sha

ll fur

nish

un

iform

dat

a to

the

Coor

dina

ted

Licen

sure

In

form

atio

n Sy

stem

, whi

ch

shal

l con

sist o

f the

follo

win

g:(a

)th

e nu

rse’

s nam

e;

(b)

juris

dict

ion

of

licen

sure

;

(c)

licen

se e

xpira

tion

date

;

Page 33: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

7

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

(d)

licen

sure

cla

ssifi

catio

n, lic

ense

nu

mbe

r and

sta

tus;

(e)

publ

ic em

erge

ncy a

nd

final

disc

iplin

ary

actio

ns, a

s def

ined

by

the

cont

ribut

ing

stat

e au

thor

ity;

(f)a

chan

ge in

the

stat

us

of a

disc

iplin

ary a

ctio

n or

licen

sure

en

cum

bran

ce;

(g)

stat

us of

mul

tista

te

licen

sure

priv

ilege

s;

(h)

curr

ent p

artic

ipat

ion

by th

e nur

se in

an

alte

rnat

ive pr

ogra

m;

(i)in

form

atio

n th

at is

re

quire

d to

be

expu

nged

by

the l

aws

of a

part

y sta

te;

Page 34: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

8

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

(j)th

e ap

plica

nt or

nu

rse’

s Uni

ted S

tate

s so

cial s

ecur

ity

num

ber;

(k)

curr

ent s

igni

fican

t in

vest

igat

ive

info

rmat

ion;

and

(l)a

corr

ectio

n to

a

lic

ense

e’s d

ata.

11.

Does

the

part

y sta

te qu

ery t

he

Coor

dina

ted

Licen

sure

Info

rmat

ion

Syst

em(N

ursy

s)up

on a

pplic

atio

n fo

r mul

tista

te lic

ensu

re, w

ith th

e ex

cept

ion

of re

new

al, t

o det

erm

ine

the

appl

icant

’s cu

rren

t lice

nsur

e st

atus

, pre

vious

disc

iplin

ary

actio

n(s)

, cur

rent

part

icipa

tion

in a

n al

tern

ative

prog

ram

, and

any

cu

rren

t sig

nific

ant i

nves

tigat

ive

info

rmat

ion?

202.

QUER

YING

THE

COOR

DINA

TED

LICE

NSUR

E IN

FORM

ATIO

N SY

STEM

(1)U

pon

appl

icatio

n fo

r m

ultis

tate

licen

sure

, with

the

exce

ptio

n of

rene

wal

by a

nu

rse,

a pa

rty s

tate

shal

l qu

ery t

he C

oord

inat

ed

Licen

sure

Info

rmat

ion

Syst

em

to d

eter

min

e th

e app

lican

t’s

curr

ent l

icens

ure

stat

us,

prev

ious

disc

iplin

ary a

ctio

n(s)

, cu

rren

t par

ticip

atio

n in

an

alte

rnat

ive pr

ogra

m, a

nd a

ny

Page 35: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

9

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

curr

ent s

igni

fican

t in

vest

igat

ive in

form

atio

n.12

.Do

es th

e pa

rty s

tate

deac

tivat

e a

mul

tista

te lic

ense

whe

n a

new

ho

me

stat

e iss

ues a

mul

tista

te

licen

se?

403.

CHAN

GE IN

PRIM

ARY S

TATE

OF

RES

IDEN

CE

(2)

Upon

issu

ance

of a

new

m

ultis

tate

licen

se, t

he fo

rmer

prim

ary

stat

e of r

esid

ence

shal

l dea

ctiva

te it

s m

ultis

tate

licen

se he

ld b

y th

e nu

rse

and

prov

ide

notic

e to

the

nurs

e.13

.Do

es th

e pa

rty s

tate

requ

ire, o

n al

l ap

plica

tion

form

s for

mul

tista

telic

ensu

re:

a)A

decla

ratio

n of a

prim

ary

stat

e of r

esid

ence

401.

PART

Y STA

TE

RESP

ONSI

BILI

TIES

(1)

On a

ll app

licat

ion

form

s for

m

ultis

tate

licen

sure

, a pa

rty s

tate

sh

all r

equi

re, a

t a m

inim

um:

a)A

decla

ratio

n of a

prim

ary

stat

e of r

esid

ence

and

14.

Does

the

part

y sta

te re

quire

, on

all

appl

icatio

n fo

rms f

or m

ultis

tate

lic

ensu

reb)

Whe

ther

the

appl

icant

is a

cu

rren

t par

ticip

ant i

n an

al

tern

ative

prog

ram

?

401.

PART

Y STA

TE

RESP

ONSI

BILI

TIES

(1)

On a

ll app

licat

ion

form

s for

m

ultis

tate

licen

sure

, a pa

rty s

tate

sh

all r

equi

re, a

t a m

inim

um:

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Self

Audi

t for

Com

plia

nce

10

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

b)W

heth

er th

e ap

plica

nt is

a

curr

ent p

artic

ipan

t in

an a

ltern

ative

pr

ogra

m.

15.

Does

the

hom

e st

ate n

otify

an

appl

icant

for l

icens

ure

who

is

dete

rmin

ed to

be

inel

igib

le fo

r a

mul

tista

te lic

ense

of th

e qu

alifi

catio

ns n

ot m

et?

401.

PART

Y STA

TE

RESP

ONSI

BILI

TIES

(2) A

n ap

plica

nt fo

r lice

nsur

e who

is

dete

rmin

ed to

be

inel

igib

le fo

r a

mul

tista

te lic

ense

shal

l be

notif

ied

by th

e hom

e st

ate o

f the

qu

alifi

catio

ns n

ot m

et.

16.

Does

the

part

y sta

te is

sue a

sing

le

stat

e lice

nse t

o a n

urse

who

hol

ds a

m

ultis

tate

licen

se in

ano

ther

par

ty

stat

e?

401.

PART

Y STA

TE

RESP

ONSI

BILI

TIES

(3)A

par

ty st

ate s

hall n

ot is

sue a

sin

gle s

tate

licen

se to

a n

urse

w

ho h

olds

a m

ultis

tate

licen

se

in a

noth

er p

arty

stat

e.17

.Up

on is

suan

ce of

a n

ew m

ultis

tate

lic

ense

, doe

s the

form

er p

rimar

y st

ate o

f res

iden

ce de

activ

ate i

ts

mul

tista

te lic

ense

held

by

the

nurs

e an

d pr

ovid

e no

tice

to th

e nu

rse?

403.

CHAN

GE IN

PRIM

ARY S

TATE

OF

RES

IDEN

CE(2

)Up

on is

suan

ce of

a

new

mul

tista

te lic

ense

, the

fo

rmer

prim

ary s

tate

of

resid

ence

shal

l dea

ctiva

te it

s m

ultis

tate

licen

se he

ld b

y th

e

Page 37: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

11

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

nurs

e an

d pr

ovid

e no

tice

to

the

nurs

e.18

.Do

es th

e pa

rty s

tate

conv

ert t

he

mul

tista

te lic

ense

to a

sing

le st

ate

licen

se w

ithin

fifte

en (1

5) ca

lend

ar

days

, and

repo

rt th

is co

nver

sion

to

the

Coor

dina

ted L

icens

ure

Info

rmat

ion

Syst

em(N

ursy

s) if

the

part

y sta

te ve

rifie

s tha

t a lic

ense

e w

ho h

olds

a m

ultis

tate

licen

se

chan

ges p

rimar

y sta

te of

resid

ence

to

a n

on-p

arty

stat

e?

403.

CHAN

GE IN

PRIM

ARY S

TATE

OF

RES

IDEN

CE(3

)If

a par

ty st

ate v

erifi

es

that

a lic

ense

e who

hol

ds a

m

ultis

tate

licen

se ch

ange

s pr

imar

y sta

te of

resid

ence

to

a no

n-pa

rty s

tate

, the

part

y st

ate s

hall c

onve

rt th

e m

ultis

tate

licen

se to

a si

ngle

st

ate l

icens

e with

in fi

fteen

(1

5) ca

lend

ar d

ays,

and

repo

rt

this

conv

ersio

n to

the

Coor

dina

ted

Licen

sure

In

form

atio

n Sy

stem

19.

Whe

n a p

arty

stat

e iss

ues a

te

mpo

rary

perm

it, lic

ense

, or

simila

r tem

pora

ry a

utho

rizat

ion t

o pr

actic

e to

an a

pplic

ant f

or

licen

sure

doe

sitg

rant

mul

tista

te

licen

sure

priv

ilege

s?

404.

TEM

PORA

RY PE

RMIT

S AND

LI

CENS

ES

A te

mpo

rary

perm

it, lic

ense

, or s

imila

r te

mpo

rary

auth

oriza

tion

to p

ract

ice

issue

d by

a pa

rty s

tate

to an

app

lican

t fo

r lice

nsur

e sh

all n

ot g

rant

mul

tista

te

licen

sure

priv

ilege

s.20

.Do

es ea

ch p

arty

stat

e rec

ogni

ze

mul

tista

te pr

ivile

ge is

sued

by

anot

her p

arty

stat

e?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

n

Page 38: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

12

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

a.A

mul

tista

te lic

ense

to

prac

tice r

egist

ered

or lic

ense

d pr

actic

al/v

ocat

iona

l nur

sing

issue

d by

a ho

me

stat

e to a

resid

ent i

n th

at

stat

e will

be re

cogn

ized b

y eac

h pa

rty

stat

e as a

utho

rizin

g a nu

rse

to

prac

tice a

s a re

gist

ered

nurs

e (RN

) or

as a

licen

sed

prac

tical

/voc

atio

nal

nurs

e (L

PN/V

N), u

nder

a m

ultis

tate

lic

ensu

re p

rivile

ge, in

eac

h pa

rty s

tate

.21

.Ha

s you

r sta

te

impl

emen

tedp

roce

dure

sfor

co

nsid

erin

g th

e crim

inal

hist

ory

reco

rds o

f app

lican

ts fo

r ini

tial

mul

tista

te lic

ense

or lic

ensu

re by

en

dors

emen

t?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nb.

A st

ate m

ust i

mpl

emen

t pr

oced

ures

for c

onsid

erin

g the

cr

imin

al h

istor

y rec

ords

of a

pplic

ants

fo

r ini

tial m

ultis

tate

licen

se or

lic

ensu

re b

y end

orse

men

t. Su

ch

proc

edur

es sh

all in

clude

the

subm

issio

n of f

inge

rprin

ts or

oth

er

biom

etric

-bas

ed in

form

atio

n by

ap

plica

nts f

or th

e pu

rpos

e of

ob

tain

ing

an a

pplic

ant’s

crim

inal

hi

stor

y rec

ord

info

rmat

ion

from

the

Fede

ral B

urea

u of I

nves

tigat

ion a

nd

the

agen

cy re

spon

sible

for r

etai

ning

th

at st

ate’

s crim

inal

reco

rds.

Page 39: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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t for

Com

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13

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

22.

Does

your

sta

te re

quire

that

an

appl

icant

has

succ

essf

ully

pass

ed an

NC

LEX-

RN® o

r NCL

EX-P

Exam

inat

ion

or re

cogn

ized

pred

eces

sor,

as ap

plica

ble?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nc.

Each

part

y sta

te sh

all r

equi

re

the

follo

win

g fo

r an

appl

icant

to

obta

in o

r ret

ain

a mul

tista

te lic

ense

in

the

hom

e st

ate:

4.Ha

s suc

cess

fully

pass

ed an

NC

LEX-

RN® o

r NCL

EX-P

Exam

inat

ion

or re

cogn

ized

pred

eces

sor,

as ap

plica

ble;

23.

Does

your

sta

te re

quire

that

an

appl

icant

is el

igib

le fo

r or h

olds

an

activ

e, un

encu

mbe

red

licen

se?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nc.

Each

part

y sta

te sh

all r

equi

re

the

follo

win

g fo

r an

appl

icant

to5.

Is el

igib

le fo

r or h

olds

an

activ

e, un

encu

mbe

red

licen

se;

24.

Does

your

sta

te re

quire

that

an

appl

icant

has

not b

een

conv

icted

or

foun

d gu

ilty,

or h

as en

tere

d in

to a

n ag

reed

disp

ositi

on, o

f a fe

lony

of

fens

e un

der a

pplic

able

stat

e or

fede

ral c

rimin

al la

w?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nc.

Each

part

y sta

te sh

all r

equi

re

the

follo

win

g fo

r an

appl

icant

to7.

Has n

ot b

een

conv

icted

or

foun

d gu

ilty,

or h

as en

tere

d in

toan

ag

reed

disp

ositi

on, o

f a fe

lony

offe

nse

unde

r app

licab

le st

ate o

r fed

eral

cr

imin

al la

w;

Page 40: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

14

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

25.

Does

your

sta

te re

quire

that

an

appl

icant

is no

t cur

rent

ly en

rolle

d in

an

alte

rnat

ive pr

ogra

m?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nc.

Each

part

y sta

te sh

all r

equi

re

the

follo

win

g fo

r an

appl

icant

to9.

Is no

t cur

rent

ly en

rolle

d in

an

alte

rnat

ive pr

ogra

m;

26.

Does

your

sta

te re

quire

that

an

appl

icant

is su

bjec

t to

self-

disc

losu

re re

quire

men

ts re

gard

ing

curr

ent p

artic

ipat

ion

in a

n al

tern

ative

prog

ram

?

ARTI

CLE I

IIGe

nera

l Pro

visio

ns a

nd Ju

risdi

ctio

nc.

Each

part

y sta

te sh

all r

equi

re

the

follo

win

g fo

r an

appl

icant

to10

.Is

subj

ect t

o se

lf-di

sclo

sure

re

quire

men

ts re

gard

ing c

urre

nt

part

icipa

tion i

n an

alte

rnat

ive

prog

ram

; and

27.

Does

your

sta

te al

low

for a

nur

se to

ap

ply

for l

icens

ure i

n ad

vanc

e of a

ch

ange

in p

rimar

y sta

te of

re

siden

ce?

ARTI

CLE I

VAp

plica

tions

for L

icens

ure i

n a

Part

y St

ate

c.If

a nur

se ch

ange

s prim

ary

stat

e of r

esid

ence

by m

ovin

g be

twee

n tw

o pa

rty s

tate

s, th

e nur

se m

ust a

pply

for l

icens

ure

in th

e ne

w h

ome

stat

e,

and

the

mul

tista

te lic

ense

issu

ed by

th

e pr

ior h

ome

stat

e will

be

deac

tivat

ed in

acc

orda

nce w

ith

appl

icabl

e ru

les a

dopt

ed b

y the

Co

mm

issio

n.

Page 41: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

15

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Licen

sure

Req

uire

men

ts

1.Th

e nu

rse m

ay a

pply

for

licen

sure

in a

dvan

ce o

f a ch

ange

in

prim

ary s

tate

of re

siden

ce.

Page 42: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

16

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

28

.Do

hom

e st

ate d

iscip

linar

y ord

ers

that

limit

prac

tice o

r req

uire

m

onito

ring

inclu

de a

requ

irem

ent

that

mul

tista

te pr

ivile

ge to

pra

ctice

is

deac

tivat

ed du

ring

the t

erm

of

such

ord

ers,

ther

efor

e lim

iting

pr

actic

e to

the

stat

e tak

ing a

ctio

n?

Artic

le V

(b) …

All h

ome

stat

e di

scip

linar

y ord

ers t

hat i

mpo

se

adve

rse a

ctio

n ag

ains

t a nu

rse’

s m

ultis

tate

licen

se sh

all in

clude

a

stat

emen

t tha

t the

nurs

e’s m

ultis

tate

lic

ensu

re p

rivile

ge is

dea

ctiva

ted i

n al

l pa

rty s

tate

s dur

ing t

he pe

nden

cy o

f th

e or

der.

Refe

renc

e:

Artic

le II

(a):

a.“A

dver

se ac

tion”

mea

ns an

y ad

min

istra

tive,

civil

, equ

itabl

e or

cr

imin

al a

ctio

n pe

rmitt

ed by

a st

ate’

s la

ws w

hich

is im

pose

d by

a lic

ensin

g bo

ard

or o

ther

au

thor

ity a

gain

st a

nurs

e, in

cludi

ng

actio

ns ag

ains

t an i

ndivi

dual

’s lic

ense

or

mul

tista

te lic

ensu

re pr

ivile

ge su

ch

as re

voca

tion,

susp

ensio

n, pr

obat

ion,

m

onito

ring

of th

e lic

ense

e, lim

itatio

n on

the l

icens

ee’s

prac

tice,

or an

y oth

er

encu

mbr

ance

on

licen

sure

affe

ctin

g a

nurs

e’s a

utho

rizat

ion t

o pr

actic

e,

inclu

ding

issu

ance

of a

ceas

e and

de

sist a

ctio

n.

Page 43: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

17

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

29

.If

your

boa

rd is

the

rem

ote

stat

e and

rece

ives t

he co

mpl

aint

, an

d an

inve

stig

atio

n is o

pene

d, d

o yo

u tu

rn o

n th

e nu

rse

aler

t and

fo

rwar

d th

e in

vest

igat

ive do

cum

ents

to

the

hom

e st

ate u

pon

com

plet

ion

of th

e inv

estig

atio

n or a

s req

uest

ed

by th

e hom

e st

ate?

Artic

le V

(a)(7

) Tak

e adv

erse

actio

n ba

sed o

n th

e fa

ctua

l find

ings

of t

he

rem

ote s

tate

, pro

vided

that

the

licen

sing

boar

d fo

llow

s its

own

proc

edur

es fo

r tak

ing s

uch

adve

rse

actio

n.Ar

ticle

VI(i

) The

Com

pact

ad

min

istra

tor o

f a p

arty

stat

e sha

ll pr

ovid

e al

l inve

stig

ative

docu

men

ts

and

info

rmat

ion

requ

este

d by a

noth

er

part

y sta

te.

Artic

le V

I(i) T

he C

ompa

ct

adm

inist

rato

r of a

par

ty st

ate s

hall

prov

ide

all in

vest

igat

ive do

cum

ents

an

d in

form

atio

n re

ques

ted b

y ano

ther

pa

rty s

tate

.

Rule

202

(2) U

pon

disc

over

y tha

t an

appl

icant

is un

der i

nves

tigat

ion i

n an

othe

r par

ty st

ate,

the p

arty

stat

e in

rece

ipt o

f the

nur

se lic

ensu

re

appl

icatio

n sh

all c

onta

ct th

e in

vest

igat

ing p

arty

stat

e and

may

re

ques

t inv

estig

ative

docu

men

ts an

d in

form

atio

n.

Page 44: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

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plia

nce

18

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

30

.Do

es th

e bo

ard

issue

subp

oena

re

ques

ts up

on th

e re

ques

t of

anot

her p

arty

stat

e?

Artic

le V

(a)(4

) Iss

ue su

bpoe

nas f

or

both

hea

rings

and

inve

stig

atio

ns th

at

requ

ire th

e at

tend

ance

and

test

imon

y of

witn

esse

s, as

wel

l as,

the

prod

uctio

n of

evid

ence

. Sub

poen

as

issue

d by

a lic

ensin

g boa

rd in

a pa

rty

stat

e for

the

atte

ndan

ce an

d te

stim

ony o

f witn

esse

s or t

he

prod

uctio

n of

evid

ence

from

ano

ther

pa

rty s

tate

shal

l be e

nfor

ced

in th

e la

tter

stat

e by a

ny c

ourt

of c

ompe

tent

ju

risdi

ctio

n, a

ccor

ding

to th

e pr

actic

e an

d pr

oced

ure

of th

at co

urt a

pplic

able

to

subp

oena

s iss

ued

in p

roce

edin

gs

pend

ing

befo

re it

. The

issu

ing

auth

ority

shal

l pay

any

witn

ess f

ees,

tr

avel

expe

nses

, mile

age a

nd o

ther

fe

es re

quire

d by

the

serv

ice st

atut

es

of th

e sta

te in

whi

ch th

e w

itnes

ses o

r ev

iden

ce a

re lo

cate

d.31

.In

a re

mot

e st

ate i

nves

tigat

ion,

does

th

e bo

ard

take

actio

n ag

ains

t m

ultis

tate

privi

lege

s to

prac

tice

(PTP

) with

in y

our s

tate

, if

war

rant

ed?

Artic

le V

(a)(1

) In

add

ition

to th

e ot

her p

ower

s con

ferr

ed b

y st

ate l

aw, a

lic

ensin

g bo

ard

shal

l hav

e th

e au

thor

ity to

:

Page 45: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

19

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

1.

Take

adve

rse a

ctio

n ag

ains

t a

nurs

e’s m

ultis

tate

licen

sure

privi

lege

to

pra

ctice

with

in th

at pa

rty s

tate

.32

.Do

you,

the

hom

e st

ate l

icens

ing

boar

d,gi

ve th

e sa

me p

riorit

y and

ef

fect

to re

port

ed co

nduc

t rec

eive

d fro

m a

rem

ote s

tate

as it

wou

ld if

su

ch co

nduc

t had

occ

urre

d w

ithin

th

e ho

me

stat

e?

Artic

le V

(a)(1

) i.

Only

the h

ome

stat

e sha

ll hav

e the

po

wer

to ta

ke ad

vers

e act

ion

agai

nst a

nu

rse’

s lice

nse i

ssue

d by

the

hom

e st

ate.

ii. Fo

r pur

pose

s of t

akin

g ad

vers

e ac

tion,

the

hom

e st

ate l

icens

ing b

oard

sh

all g

ive th

e sa

me p

riorit

y and

effe

ct

to re

port

ed co

nduc

t rec

eive

d fro

m a

re

mot

e sta

te as

it w

ould

if s

uch

cond

uct h

ad o

ccur

red

with

in th

e ho

me

stat

e. In

so d

oing

, the

hom

e st

ate s

hall a

pply

its o

wn

stat

e law

s to

dete

rmin

e ap

prop

riate

actio

n.33

.As

the

hom

e st

ate,

does

your

boa

rd

take

actio

n ba

sed

on th

e fa

ctua

l fin

ding

s of t

here

mot

e st

ate,

whi

le

follo

win

g yo

ur o

wn

hom

e st

ate

proc

edur

es fo

r tak

ing s

uch

adve

rse

actio

n?

Artic

le V

(a)(1

) i.

Only

the h

ome

stat

e sha

ll hav

e the

po

wer

to ta

ke ad

vers

e act

ion

agai

nst a

nu

rse’

s lice

nse i

ssue

d by

the

hom

e st

ate.

ii. Fo

r pur

pose

s of t

akin

g ad

vers

e ac

tion,

the

hom

e st

ate l

icens

ing b

oard

sh

all g

ive th

e sa

me p

riorit

y and

effe

ct

to re

port

ed co

nduc

t rec

eive

d fro

m a

re

mot

e sta

te as

it w

ould

if s

uch

Page 46: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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t for

Com

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nce

20

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

co

nduc

t had

occ

urre

d w

ithin

the

hom

e st

ate.

In so

doi

ng, t

he h

ome

stat

e sha

ll app

ly its

ow

n st

ate l

aws t

o de

term

ine

appr

opria

te ac

tion.

Artic

le V

(a) 7

. Tak

e adv

erse

actio

n ba

sed o

n th

e fa

ctua

l find

ings

of t

he

rem

ote s

tate

, pro

vided

that

the

licen

sing

boar

d fo

llow

s its

own

proc

edur

es fo

r tak

ing s

uch

adve

rse

actio

n.34

.Do

the

term

s of y

our a

ltern

ative

pr

ogra

m pr

ohib

it pr

actic

e in

rem

ote

stat

es?

Artic

le II

I(c) c

.Ea

ch pa

rty s

tate

shal

l re

quire

the

follo

win

g fo

r an

appl

icant

to

obt

ain

or re

tain

a m

ultis

tate

licen

se

in th

e ho

me

stat

e:9.

Is no

t cur

rent

ly en

rolle

d in

an

alte

rnat

ive pr

ogra

m;

10.

Is su

bjec

t to

self-

disc

losu

re

requ

irem

ents

rega

rdin

g cur

rent

pa

rtici

patio

n in

an a

ltern

ative

pr

ogra

m;

Artic

le V

(c) …

The

hom

e st

ate l

icens

ing

boar

d sh

all d

eact

ivate

the m

ultis

tate

lic

ensu

re p

rivile

ge un

der t

he

mul

tista

te lic

ense

of a

ny n

urse

for t

he

Page 47: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

21

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

du

ratio

n of

the

nurs

e’s p

artic

ipat

ion i

n an

alte

rnat

ive pr

ogra

m.

35.

Does

the

boar

d pr

ovid

e ot

her

com

pact

stat

es w

ith co

pies

of

inve

stig

ative

repo

rts,

upon

requ

est?

Artic

le V

I(i) i

.Th

e Co

mpa

ct

adm

inist

rato

r of a

par

ty st

ate s

hall

prov

ide

all in

vest

igat

ive do

cum

ents

an

d in

form

atio

n re

ques

ted b

y ano

ther

pa

rty s

tate

.36

.Do

es th

e bo

ard

issue

ceas

e and

de

sist o

rder

s to

stop

a nu

rse

from

pr

actic

ing i

n yo

ur s

tate

?

Artic

le V

(a)(2

)In

add

ition

to th

e ot

her p

ower

s con

ferr

ed b

y st

ate l

aw, a

lic

ensin

g bo

ard

shal

l hav

e th

e au

thor

ity to

:2.

Issu

e cea

se an

d des

ist or

ders

or

impo

se a

n en

cum

bran

ce o

n a

nurs

e’s a

utho

rity t

o pr

actic

e with

in

that

part

y sta

te.

37.

If ad

vers

e act

ion i

s tak

en b

y the

ho

me

stat

e aga

inst

a nu

rse’

s m

ultis

tate

licen

se,s

houl

dth

e nu

rse’

s mul

tista

te lic

ensu

re pr

ivile

ge

to p

ract

ice in

all o

ther

par

ty st

ates

sh

all b

e de

activ

ated

until

all

encu

mbr

ance

s hav

e be

en re

mov

ed

from

the

mul

tista

te lic

ense

?Sh

ould

al

l hom

e st

ate d

iscip

linar

y ord

ers

that

impo

se a

dver

se ac

tion

agai

nst a

nu

rse’

s mul

tista

te lic

ense

inclu

de a

st

atem

ent t

hat t

he nu

rse’

s

ARTI

CLE V

Addi

tiona

l Aut

horit

ies I

nves

ted i

n Pa

rty S

tate

Lice

nsin

g Bo

ards

b.If

adve

rse a

ctio

n is t

aken

by

the

hom

e st

ate a

gain

st a

nurs

e’s

mul

tista

te lic

ense

, the

nurs

e’s

mul

tista

te lic

ensu

re pr

ivile

ge to

pr

actic

e in

all o

ther

par

ty st

ates

shal

l be

dea

ctiva

ted u

ntil a

ll

encu

mbr

ance

s hav

e be

en re

mov

ed

from

the

mul

tista

te lic

ense

. All h

ome

Page 48: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

22

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

m

ultis

tate

licen

sure

privi

lege

is

deac

tivat

ed in

all p

arty

stat

es du

ring

the

pend

ency

of t

he o

rder

?

stat

e disc

iplin

ary o

rder

s tha

t im

pose

ad

vers

e act

ion

agai

nst a

nurs

e’s

mul

tista

te lic

ense

shal

l inclu

de a

st

atem

ent t

hat t

he nu

rse’

s mul

tista

te

licen

sure

priv

ilege

is d

eact

ivate

d in

all

part

y sta

tes d

urin

g the

pend

ency

of

the

orde

r.38

.Do

es yo

ur s

tate

requ

ire th

at

info

rmat

ion

cont

ribut

ed to

the

coor

dina

ted

licen

sure

info

rmat

ion

syst

em(N

ursy

s)th

at is

subs

eque

ntly

requ

ired

to b

e ex

pung

ed b

y th

e la

ws

of th

e par

ty st

ate c

ontr

ibut

ing t

hat

info

rmat

ion

shal

l also

be

expu

nged

fro

m th

e co

ordi

nate

d lic

ensu

re

info

rmat

ion

syst

em?

ARTI

CLE V

I

Coor

dina

ted

Licen

sure

Info

rmat

ion

Syst

em an

d Ex

chan

ge of

Info

rmat

ion

g.An

y in

form

atio

n co

ntrib

uted

to

the

coor

dina

ted

licen

sure

in

form

atio

n sy

stem

that

issu

bseq

uent

ly re

quire

d to

be

expu

nged

by

the l

aws o

f the

par

ty st

ate

cont

ribut

ing

that

info

rmat

ion

shal

l al

so be

exp

unge

d fro

m th

e co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

.39

.Sh

ould

the

Com

pact

adm

inist

rato

r of

a pa

rty s

tate

shal

l pro

vide

all

inve

stig

ative

docu

men

ts an

d in

form

atio

n re

ques

ted b

y ano

ther

pa

rty s

tate

?

ARTI

CLE V

ICo

ordi

nate

d Lic

ensu

re In

form

atio

n Sy

stem

and

Exch

ange

of In

form

atio

ni.

The

Com

pact

adm

inist

rato

r of

a pa

rty s

tate

shal

l pro

vide

all

inve

stig

ative

docu

men

ts an

d

Page 49: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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Audi

t for

Com

plia

nce

23

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

.Au

dit I

tem

Y/N

Auth

ority

Cita

tion

Evid

ence

Note

s

Enfo

rcem

ent R

equi

rem

ents

in

form

atio

nre

ques

ted b

y ano

ther

pa

rty s

tate

.

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

40

.Do

es th

e bo

ard

subm

it re

quire

d da

ta in

cludi

ng a

ny h

ome

or re

mot

e st

ate d

iscip

line

actio

n and

any

dat

a co

rrec

tions

, inclu

ding

exp

unge

men

t to

the

coor

dina

ted

licen

sure

in

form

atio

n sy

stem

(Nur

sys)

with

in

15 ca

lend

ar da

ys?

Rule

201

(1) T

he C

ompa

ct A

dmin

istra

tor o

f ea

ch p

arty

stat

e sha

ll fur

nish

uni

form

da

ta to

the

Coor

dina

ted L

icens

ure

Info

rmat

ion

Syst

em, w

hich

shal

l co

nsist

of th

e fo

llow

ing:

actio

ns, a

s def

ined

by

the

cont

ribut

ing

stat

e aut

horit

y;…

(e)

publ

ic em

erge

ncy a

nd fi

nal

disc

iplin

ary a

ctio

ns, a

s def

ined

by t

he

cont

ribut

ing

stat

e aut

horit

y;(f)

a ch

ange

in th

e st

atus

of a

di

scip

linar

y act

ion

or lic

ensu

re

encu

mbr

ance

;(g

) st

atus

of m

ultis

tate

licen

sure

pr

ivile

ges;

(l) a

corr

ectio

n to

a lic

ense

e’s d

ata.

(4) A

par

ty st

ate s

hall r

epor

t the

item

s in

the

unifo

rm d

ata s

et to

the

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t for

Com

plia

nce

24

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

Co

ordi

nate

d Lic

ensu

re In

form

atio

n Sy

stem

with

in fi

fteen

(15)

cale

ndar

da

ys o

f the

dat

e on

whi

ch th

e ac

tion

is ta

ken.

Artic

le V

I(g)

g.An

y in

form

atio

n co

ntrib

uted

to

the

coor

dina

ted

licen

sure

in

form

atio

nsy

stem

that

is

subs

eque

ntly

requ

ired

to b

e ex

pung

ed

by th

e law

s of t

he p

arty

stat

e co

ntrib

utin

g th

at in

form

atio

n sh

all

also

be e

xpun

ged

from

the

coor

dina

ted

licen

sure

info

rmat

ion

syst

em.

41.

Does

the

boar

d ac

tivat

e the

Nur

se

Aler

t whe

n th

ere i

s a si

gnifi

cant

in

vest

igat

ion?

Artic

le II

d. C

urre

nt si

gnifi

cant

inve

stig

ative

in

form

atio

n m

eans

1.

Inve

stig

ative

info

rmat

ion t

hat a

lic

ensin

g bo

ard,

afte

r a p

relim

inar

y in

quiry

that

inclu

des n

otifi

catio

n an

d an

opp

ortu

nity

for t

he n

urse

to

resp

ond,

if re

quire

d by

sta

te la

w, h

as

reas

on to

bel

ieve

is no

t gro

undl

ess

and,

if p

rove

d tr

ue, w

ould

indi

cate

m

ore

than

a m

inor

infra

ctio

n; o

r

Page 51: NLC Commission Midyear Meeting - NCSBN · Policy Manual FY2020 Commissioner meeting schedule . 1 MINUTES NLC CommissionMeeting Via Teleconference January 7, 2020 2:00 PM CT Commissioners

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plia

nce

25

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

2.

Inve

stig

ative

info

rmat

ion t

hat

indi

cate

s tha

t the

nur

se re

pres

ents

an

imm

edia

te th

reat

to p

ublic

hea

lth a

nd

safe

ty re

gard

less

of w

heth

er th

e nur

se

has b

een

notif

ied

and

had

an

oppo

rtun

ity to

resp

ond.

Ar

ticle

VI

c.Al

l lice

nsin

g bo

ards

shal

l pr

ompt

ly re

port

to th

e co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

any

adve

rse a

ctio

n, an

y cur

rent

sign

ifica

nt

inve

stig

ative

info

rmat

ion,

…d.

Curr

ent s

igni

fican

t in

vest

igat

ive in

form

atio

n …

shal

l be

tran

smitt

ed th

roug

h the

coor

dina

ted

licen

sure

info

rmat

ion

syst

em on

ly to

pa

rty s

tate

licen

sing b

oard

s.42

.Do

es th

e bo

ard

deac

tivat

e the

Nurs

e Ale

rt w

hen

ente

ring

disc

iplin

ary a

ctio

n, ag

reem

ento

r an

orde

r req

uirin

g pa

rtici

patio

n in

an

alte

rnat

ive pr

ogra

m or

agr

eem

ents

w

hich

limit

prac

tice o

r req

uire

m

onito

ring

or

dism

issal

of co

mpl

aint

?

Nurs

ys Po

licy

12.1

6

43.

Does

the

boar

d su

bmit

licen

sure

in

form

atio

n da

ily?

Nurs

ys Po

licy

12.4

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26

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

SE

CTIO

N 20

0. C

OORD

INAT

ED

LICE

NSUR

E INF

ORM

ATIO

N SY

STEM

201.

UNIF

ORM

DAT

A SE

T AN

D LE

VELS

OF

ACCE

SS

(1)

The

Com

pact

Adm

inist

rato

r of

each

par

ty st

ate s

hall f

urni

sh u

nifo

rm

data

to th

e Co

ordi

nate

d Lice

nsur

e In

form

atio

n Sy

stem

, whi

ch sh

all

cons

ist of

the

follo

win

g:(a

)th

e nu

rse’

s nam

e;

(b)

juris

dict

ion

of li

cens

ure;

(c)

licen

se e

xpira

tion d

ate;

(d)

licen

sure

clas

sifica

tion,

licen

se

num

ber a

nd s

tatu

s;

(e)

publ

ic em

erge

ncy a

nd fi

nal

disc

iplin

ary a

ctio

ns, a

s def

ined

by t

he

cont

ribut

ing

stat

e aut

horit

y;(f)

a ch

ange

in th

e st

atus

of a

di

scip

linar

y act

ion

or lic

ensu

re

encu

mbr

ance

;

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Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

(g

)st

atus

of m

ultis

tate

licen

sure

pr

ivile

ges;

(h)

curr

ent p

artic

ipat

ion

by th

e nu

rse

in a

n al

tern

ative

prog

ram

;

(i)in

form

atio

n th

at is

requ

ired

to

be e

xpun

ged

by th

e la

ws o

f a p

arty

st

ate;

(j)th

e ap

plica

nt or

nur

se’s

Un

ited

Stat

es so

cial s

ecur

ity nu

mbe

r;

(k)

curr

ent s

igni

fican

t in

vest

igat

ive in

form

atio

n; a

nd

(l)a

corr

ectio

n to

a lic

ense

e’s

data

.

ARTI

CLE V

ICo

ordi

nate

d Lic

ensu

re In

form

atio

n Sy

stem

and

Exch

ange

of In

form

atio

nh.

The

Com

pact

adm

inist

rato

r of

each

par

ty st

ate s

hall f

urni

sh a

un

iform

dat

a set

to th

e Co

mpa

ct

adm

inist

rato

r of e

ach

othe

r par

ty

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28

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

st

ate,

whi

ch sh

all in

clude

, at a

m

inim

um:

1.Id

entif

ying

info

rmat

ion;

2.Lic

ensu

re da

ta;

3.In

form

atio

n re

late

d to

alte

rnat

ive pr

ogra

m pa

rtici

patio

n; an

d

4.Ot

her i

nfor

mat

ion

that

may

fa

cilita

te th

e ad

min

istra

tion o

f thi

s Co

mpa

ct, a

s det

erm

ined

by

Com

miss

ion r

ules

.

44.

Does

the

boar

d pr

oces

s spe

ed

mem

os o

n a

daily

bas

is?Be

st Pr

actic

e Rec

omm

enda

tion

45.

Do yo

u co

mpl

ete a

n in

vest

igat

ion

rega

rdle

ss of

the

chan

ge of

prim

ary

stat

e of l

egal

resid

ency

dur

ing

the

inve

stig

atio

n?

Artic

le V

(3) C

ompl

ete a

ny p

endi

ng

inve

stig

atio

ns of

a n

urse

who

cha

nges

pr

imar

y sta

te of

resid

ence

durin

g th

e co

urse

of s

uch

inve

stig

atio

ns. T

he

licen

sing

boar

d sh

all a

lso h

ave

the

auth

ority

to ta

ke ap

prop

riate

act

ion(

s)

and

shal

l pro

mpt

ly re

port

the

conc

lusio

ns o

f suc

h inv

estig

atio

ns to

th

e ad

min

istra

tor o

f the

coor

dina

ted

licen

sure

info

rmat

ion

syst

em. T

he

adm

inist

rato

r of t

he co

ordi

nate

d

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29

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Nurs

ys R

equi

rem

ents

lic

ensu

re in

form

atio

n sy

stem

shal

l pr

ompt

ly no

tify t

he n

ew h

ome

stat

e of

any

such

actio

ns.

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Alte

rnat

ive t

o Di

scip

line (

ATD)

Prog

ram

46.

Do yo

u tu

rn o

n th

e Al

tern

ative

pr

ogra

m pa

rtici

patio

n in

dica

tor i

n co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

(Nur

sys)

?

Artic

le V

I(c)

c.Al

l lice

nsin

g bo

ards

shal

l pr

ompt

ly re

port

to th

e co

ordi

nate

d lic

ensu

re in

form

atio

n sy

stem

any …

nu

rse

part

icipa

tion i

n al

tern

ative

pr

ogra

ms k

now

n to

the

licen

sing

boar

d re

gard

less

of w

heth

er su

ch

part

icipa

tion i

s dee

med

non

publ

ic or

co

nfid

entia

l und

er st

ate l

aw.

Rule

201

(1) T

he C

ompa

ct A

dmin

istra

tor o

f ea

ch p

arty

stat

e sha

ll fur

nish

uni

form

da

ta to

the

Coor

dina

ted L

icens

ure

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30

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

(h)

curr

ent p

artic

ipat

ion

by th

e nu

rse

in a

n al

tern

ative

prog

ram

;47

.Ar

e th

e lice

nses

of p

artic

ipan

tsIn

the

alte

rnat

ive pr

ogra

m

desig

nate

d as “

singl

e sta

te?”

Artic

le II

I(c) c

.Ea

ch pa

rty s

tate

shal

l re

quire

the

follo

win

g fo

r an

appl

icant

to

obt

ain

or re

tain

a m

ultis

tate

licen

se

in th

e ho

me

stat

e:9.

Is no

t cur

rent

ly en

rolle

d in

an

alte

rnat

ive pr

ogra

m;

Artic

le V

(c) T

he h

ome

stat

e lice

nsin

g bo

ard

shal

l dea

ctiva

te th

e mul

tista

te

licen

sure

priv

ilege

unde

r the

m

ultis

tate

licen

se of

any

nur

se fo

r the

du

ratio

n of

the

nurs

e’s p

artic

ipat

ion i

n an

alte

rnat

ive pr

ogra

m.

48.

Does

the

boar

d de

activ

ate t

he

mul

tista

te lic

ensu

re pr

ivile

ge u

nder

th

e m

ultis

tate

licen

se of

any

nur

se

for t

he d

urat

ion

of th

e nu

rse’

s pa

rtici

patio

n in

an a

ltern

ative

pr

ogra

m?

ARTI

CLE V

Addi

tiona

l Aut

horit

ies I

nves

ted i

n Pa

rty S

tate

Lice

nsin

g Bo

ards

c.No

thin

g in

this

Com

pact

shal

l ov

errid

e a

part

y sta

te’s

decis

ion t

hat

part

icipa

tion i

n an

alte

rnat

ive pr

ogra

m

may

be

used

in lie

u of

adv

erse

actio

n.

The

hom

e st

ate l

icens

ing b

oard

shal

l de

activ

ate t

he m

ultis

tate

licen

sure

pr

ivile

ge u

nder

the

mul

tista

te lic

ense

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t for

Com

plia

nce

31

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

of a

ny n

urse

for t

he du

ratio

n of

the

nurs

e’sp

artic

ipat

ion i

n an

alte

rnat

ive

prog

ram

.

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Adm

inist

ratio

n

49.

Is a

notic

e of

pro

pose

d ru

le-m

akin

gpo

sted

on

the

web

site o

f you

r lic

ensin

g bo

ard

or th

e fil

ed/p

oste

d in

the

publ

icatio

n in

whi

ch y

our

stat

e pub

lishe

s pro

pose

d ru

les?

ARTI

CLE V

IIIRu

lem

akin

gc.

Prio

r to

prom

ulga

tion

and

adop

tion

of a

fina

l rul

e or

rule

s by

the

Com

miss

ion,

and

at le

ast s

ixty (

60)

days

in a

dvan

ce o

f the

mee

ting a

t w

hich

the

rule

will

be co

nsid

ered

and

vo

ted

upon

, the

Com

miss

ion

shal

l file

a

notic

e of

pro

pose

d ru

lem

akin

g:

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Com

plia

nce

32

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Adm

inist

ratio

n

2.On

the

web

site o

f eac

h lic

ensin

g bo

ard

or th

e pu

blica

tion

in

whi

ch e

ach

stat

e wou

ld o

ther

wise

pu

blish

pro

pose

d ru

les.

50.

How

shou

ld n

on-p

aym

ent o

f due

s be

han

dled

? AR

TICL

E VII

Esta

blish

men

t of t

he In

ters

tate

Co

mm

issio

n of N

urse

Lice

nsur

e Co

mpa

ct A

dmin

istra

tors

h.Fin

ancin

g of

the

Com

miss

ion

2.Th

e Co

mm

issio

n may

also

levy

on

and

colle

ct an

ann

ual a

sses

smen

t fro

m e

ach

part

y sta

te to

cove

r the

co

st of

its o

pera

tions

, act

ivitie

s and

st

aff in

its a

nnua

l bud

get a

s app

rove

d ea

ch ye

ar. T

he ag

greg

ate a

nnua

l as

sess

men

t am

ount

, if an

y, sh

all b

e al

loca

ted b

ased

upo

n a f

orm

ula

to b

e de

term

ined

by t

he C

omm

issio

n, w

hich

sh

all p

rom

ulga

te a

rule

that

is bi

ndin

g up

on a

ll par

ty st

ates

.

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Audi

t for

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plia

nce

33

Date

: ___

____

____

____

____

____

____

____

____

____

Juris

dict

ion:

____

____

____

____

____

____

____

____

__

Item

No

. Au

dit I

tem

Y/

NAu

thor

ity Ci

tatio

n Ev

iden

ce

Note

s

Adm

inist

ratio

n

501.

DUE

S ASS

ESSM

ENT

(1)

The

Com

miss

ion s

hall

dete

rmin

e th

e ann

ual a

sses

smen

t to

be p

aid

by p

arty

stat

es. T

he

asse

ssm

ent f

orm

ula i

s a fla

t fee

per

pa

rty s

tate

. The

Com

miss

ion s

hall

prov

ide

publ

ic no

tice

of a

ny p

ropo

sed

revis

ion

to th

e an

nual

ass

essm

ent f

ee

at le

ast n

inet

y (90

) cal

enda

r day

s prio

r to

the

Com

miss

ion m

eetin

g to

cons

ider

the

prop

osed

revis

ion.

(2)

The

annu

al a

sses

smen

t sha

ll be

due

with

in th

e Co

mm

issio

n’s f

irst

fisca

l yea

r afte

r the

impl

emen

tatio

n da

te an

d an

nual

ly th

erea

fter.

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2/24/2020

1

NLC Policy Committee

• Members are:• Joe Baker, FL• Peggy Benson, AL• Adrian Guerrera, KS• Karen Lyon, LA• Missy Poortenga, MT• Maggie Schwark, IO• Pam Zickafoose, DE

1

2

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2/24/2020

2

Policies for Full NLC Vote• Misdemeanors Related to the Practice of Nursing• Reserve Fund• Privilege to Practice Discipline Reporting

Exceptions • Accessing Legal Counsel• Advisory Opinions

Policies in Committee• Records Retention• Conflict of Interest• Composition, Duties, Tenure of

Committees

3

4

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2/24/2020

3

New Policies• Nurse Alert• Deactivation of MSL Policy• Utilization of Comment Field in Discipline Tab• Policy Manual Review

– Section V- Discipline 5.1 – 5.7– Section VI- Compliance 6.1 – 6.4

5

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2/24/2020

1

Training and Education Committee

Midyear Report

ICNLCA MeetingMarch 2, 2020

2

1

2

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2/24/2020

2

Training & Education Committee Members

Ann Oertwich (NE), ChairErin Matthies (SD), Vice-ChairTony Graham (NC)Lisa Hastings (WY)Shan Montgomery (MS)

3

Committee Charges – FY2019-2020

CHARGES:1. Complete assigned responsibilities identified in the strategic plan.

4

3

4

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2/24/2020

3

Committee Accomplishments This Past Year

5

Deactivation Tip Sheet

Committee Accomplishments This Past Year

6

Denial Tip Sheet

5

6

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Committee Accomplishments This Past Year

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NLC Annual Report

Committee Accomplishments This Past Year

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NLC Impact in Action Success Story Series

https://www.ncsbn.org/nlc-stories.htm

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Coming Soon

• Additional videos for nurses and employers – travel nurse video

• Educational Conference for BON staff

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Access Resources

• https://www.ncsbn.org/compacts.htm– https://www.ncsbn.org/nurse-licensure-

compact.htm– https://www.ncsbn.org/nlc-training.htm

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9

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TIP SHEET - December 2019

NPDB reportability ofofN•

BPDB••

BBPDB•• Non

rooo -

ortability ooforeponnnnn-Issuance of Multistate Licensese

•NN•• NN

••ooonn Isssssssuuaannccee oofff MMMMMuulttistate LicensNNNN

••• DDeeaaccttiivvaattiioonn ooff MMuullttiissttaattee LLiicceennsesseeeeeeeee

Is the non-issuance of a Multistate License (MSL) due to failure to meet the Uniform

Licensure Requirements reportable to the NPDB ?

Is the deactivation of a MSL reportable to the NPDB ?

Is the deactivation of a MSL reportable to the NPDB ?

UUnniiffoorrmm LLiicceennssuurree RReeqquuiirreemmeennttss ffoorr

MMuullttiissttaattee LLiicceennssee Meets requirements for licensure in the home

state

Graduated from a board-approved education program or international program approved by board and verified by an independent creden-tials review agency

Passed an English proficiency examination ifgraduated from an international education program not taught in English, or English is notthe applicant’s native language.

Passed the NCLEX RN or PN or predecessor exam

Eligible for or holds an active, unencumbered license

Submission of state and federal fingerprint-based criminal background checks

Not convicted of a felony or agreed disposition of a felony offense

Not convicted of a misdemeanor conviction relating to the practice of nursing

Not currently a participant in an alternativeprogram, self-disclosure of participation in an alternative program

Required to self-disclose current participation in an alternative program

NNPPDDBB GGuuiiddeebbooookk Denial of licensure (non-issuance) is not re-

portable if the applicant fails to meet the threshold criteria for licensure (p. E-68)

If the licensee voluntarily enters a treatmentor rehabilitation program at the direction of or suggestion of the licensing board – initiated either by the board or the practitioner – andthe board does not take a formal adverseaction there is no reportable action. (p.71)

Adverse actions taken by the state licensing or certification authority as a result of a formal proceeding are reportable (p. E-63)

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D E A C T I V AT I O N O FT H E D U P L I C AT EM U LT I S TAT E L I C E N S E

WHAT IS THE SITUATION?

SITUATION:

A nurse holds a multistate license (MSL) in the primary state of residence (PSOR)

This nurse changes PSOR to another NLC state and applies for license by

endorsement in the new PSOR.

Now this nurse has two active multistate licenses.

NLC RELEVANT RULE:Rule 403. Change in Primary State of Residence

(1) A nurse who changes their primary state of residence from one party state to another party state may

continue to practice under the existing MSL while the nurse's application is processed and a MSL is

issued in the new PSOR.

(2) Upon issuance of a new MSL, the former PSOR shall deactivate its MSL license held by the nurse and

provide notice to the nurse.

Steps for Board Staff to Make MSL"Not Active"Method 1Speed Memo= Making the license "Not Active"

STEP 1Board staff in the licensee's new PSOR verify in Nursys® that the applicant holds or has ever held anactive MSL in another NLC state.

Upon issuance of a MSL in the new PSOR, the Board of Nursing (BON) will send a speed memo to theformer PSOR BON, notifying them of the issuance and that the former license be made "not active" andthe expiration date should reflect the date the change was made.

STEP 2

The BON in the former PSOR makes the MSL "not active" in their licensing system, transfers informationto Nursys® and notifies the nurse. The license expiration date is also changed in their licensing system,and then transferred to Nursys® and should reflect the date the change was made.

STEP 3

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Steps for Board Staff to Make MSL"Not Active" (Continued)

Method 2Nursys® Duplicate MSL Report=Making the MSL "Not Active"

STEP 1

Board staff utilizes the report to make duplicateMSL "not active" as the result of the nursechanging PSOR from one NLC state to anotherNLC state and holding an active multistatelicense in each state.

STEP 2

The report displays each duplicate active MSL.

STEP 3

Based on the license issue date, staff can make theMSL with older issuance date "not active" in theirlicensing system and then transfer to Nursys®. Theexpiration date is also changed in their licensingsystem, and then transferred to Nursys® and shouldreflect the date the change was made.

STEP 4

Upon making the MSL "not active," the licensee isnotified by the BON in the former state that the BONhas learned the licensee has declared another NLCstate as their new PSOR and was issued a MSL in thatstate. The newly issued license supersedes the formerlicense, and the former is made "not active."

1 The BON in the former PSOR makes the

multistate license not active prior to

the issuance of a MSL in the new

PSOR.

Rationale:This creates a situation wherein the nurse is without

an active MSL for a period of time and therefore it

can impact the nurse's employment and the nurse

may be practicing unlicensed.

CAUTION:Three Pitfalls to

Avoid

ncsbn.org/[email protected]

2The BON in the former PSOR changes

the multistate license to single-state.

This status change occurs prior to the

issuance of a multistate license in the

new PSOR.

Rationale:

This creates a situation whereby the nurse is

without an active multistate license for a period of

time and therefore it can impact the nurse's

employment AND the nurse may be practicing

unlicensed in other NLC states.

The licensee changing PSOR from one

NLC state to another NLC state has

applied for license by endorsement in

the new PSOR. The BON in the new

PSOR will not issue the new multistate

license to the applicant until/unless

the BON in the former PSOR makes the

multistate "not active"

3

Rationale:

This creates a situation whereby the nurse is without an

active multistate license for a period of time and

therefore it can impact the nurse's employment, third

party reimbursement, OR the nurse may be practicing

without a license.

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Elections Committee

Midyear MeetingMarch 2, 2020

Elections CommitteeCo-chairs:

Cynthia LaBonde (WY)Sasha Poole (NM)

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Nominations and Elections to the Executive Committee

Four vacancies on Oct 1, 2020:

• Vice-Chair• Treasurer• Two Members-at-Large

Nominations

• Nominations for all four positions will be accepted at annual meeting.

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Positions with Two-Year Terms Ending Sept 30, 2020 for Which Nominations Will

Be Accepted at Annual Meeting

• Vice-ChairCurrently held by Stacey Pfenning (ND)

• TreasurerCurrently held by Ann Oertwich (NE)

• Member-at-Large (2)– Currently held by Phyllis Polk Johnson (MS)– Currently held by Joey Ridenour (AZ)

Details related to duties, responsibilities and time commitment of the Executive Committee positions are provided in the meeting materials.

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Executive Committee Positions and Duties

Collective Duties of the Executive Committee:

1) Manage the affairs of the Commission in a manner consistent with the By-laws and purpose ofthe Commission.

2) Approve budgets, provide fiscal oversight and provide for an annual fiscal review;3) Propose policies and procedures for consideration by the Commission;4) Contract for services and monitor contract compliance;5) Monitor and enforce Member compliance with the Compact;6) Appoint standing and ad hoc committees.7) Approve and maintain minutes;8) Perform other functions as are necessary or appropriate to effect the purpose of the

Commission between meetings of the Members of the Commission.

Duties of Executive Committee Positions:

Chair

The responsibilities of the chair shall include:1) Call and preside at Commission and Executive Committee meetings,2) Act as spokesperson for the Commission,3) Set agenda for meetings of the Commission and the Executive Committee,4) Review and approve draft minutes for meetings of the Commission and the Executive

Committee,5) Act as primary liaison to National Council of State Boards of Nursing,6) Act on Commission’s behalf between Commission meetings,7) Perform all duties that customarily pertain to the office of chair and8) Perform such other duties and exercise such other powers as may be determined from time to

time by the Executive Committee.

Vice Chair

The vice chair shall perform the duties of the chair in the chair’s absence or at the chair’s direction. In the event of a vacancy in the chair’s office, the vice chair shall serve until the Commission elects a new chair.

Treasurer

The treasurer, with the assistance of the Director, NLC, shall monitor the Commission’s fiscal policies and procedures. The Treasurer reports on annual fee collection, reserve balance and all matters related to finances.

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Members-at-Large (4)

In addition to the general Executive Committee duties, Members-at-Large may be asked to

participate in or lead subcommittees, or similar work groups.

Time Commitment for Meetings (one year cycle)

o 3 two-day Face to Face Executive Committee Meetings

o 2 one-day Commission Meetings in conjunction with NCSBN Midyear and Annual Meetings

o 3 one-hour Executive Committee meetings by teleconference

o 4 one-hour Commission meetings by teleconference

Term:

Two year term starting October 1, 2020 and ending September 30, 2022.

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Nurse Licensure CompactApproved by the May 4, 2015 Special Delegate Assembly

ARTICLE I

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 and the

effectiveness of enforcement activities related to state nurse licensure laws;

2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury

or harm to the public;

3. 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;

4. New practice modalities and technology make compliance with individual state nurse licensure

laws difficult and complex;

5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome

and redundant for both nurses and states; and

6. Uniformity of nurse licensure requirements throughout the states promotes public safety and

public health benefits.

b. The general purposes of this Compact are to:

1. Facilitate the states’ responsibility to protect the public’s 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;

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;

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Statutes

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6. Decrease redundancies in the consideration and issuance of nurse licenses; and

7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.

ARTICLE II

Definitions

As used in this Compact:

a. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a state’s

laws which is imposed by a licensing board or other authority against a nurse, including actions

against an individual’s license or multistate licensure privilege such as revocation, suspension,

probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance

on licensure affecting a nurse’s authorization to practice, including issuance of a cease and desist

action.

b. “Alternative program” means a non-disciplinary monitoring program approved by a licensing board.

c. “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 that

is administered by a nonprofit organization composed of and controlled by licensing boards.

d. “Current significant investigative information” means:

1. 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

2. 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.

e. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted

practice of nursing imposed by a licensing board.

f. “Home state” means the party state which is the nurse’s primary state of residence.

g. “Licensing board” means a party state’s regulatory body responsible for issuing nurse licenses.

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h. “Multistate license” means a license to practice as a registered or a licensed practical/vocational

nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice

in all party states under a multistate licensure privilege.

i. “Multistate licensure privilege” means a legal authorization associated with a multistate license

permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.

j. “Nurse” means RN or LPN/VN, as those terms are defined by each party state’s practice laws.

k. “Party state” means any state that has adopted this Compact.

l. “Remote state” means a party state, other than the home state.

m. “Single-state license” means a nurse license issued by a party state that authorizes practice only

within the issuing state and does not include a multistate licensure privilege to practice in any other

party state.

n. “State” means a state, territory or possession of the United States and the District of Columbia.

o. “State practice laws” means a party state’s laws, rules and 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” do not include requirements necessary to obtain and retain a license,

except for qualifications or requirements of the home state.

ARTICLE III

General Provisions and Jurisdiction

a. A multistate license to practice registered or 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 nurse to

practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a

multistate licensure privilege, in each party state.

b. A state must implement procedures for considering the criminal history records of applicants for initial

multistate license or licensure by endorsement. Such procedures shall include the submission of

fingerprints or other biometric-based information by applicants for the purpose of obtaining an

applicant’s criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state’s criminal records.

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c. Each party state shall require the following for an applicant to obtain or retain a multistate license in

the home state:

1. Meets the home state’s qualifications for licensure or renewal of licensure, as well as, all other

applicable state laws;

2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN

prelicensure education program; or

ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been

approved by the authorized accrediting body in the applicable country and (b) has been verified

by an independent credentials review agency to be comparable to a licensing board-approved

prelicensure education program;

3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English

is not the individual’s native language, successfully passed an English proficiency examination

that includes the components of reading, speaking, writing and listening;

4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized

predecessor, as applicable;

5. Is eligible for or holds an active, unencumbered license;

6. Has submitted, in connection with an application for initial licensure or licensure by endorsement,

fingerprints or other biometric data for the purpose of obtaining criminal history record information

from the Federal Bureau of Investigation and the agency responsible for retaining that state’s

criminal records;

7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony

offense under applicable state or federal criminal law;

8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a

misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;

9. Is not currently enrolled in an alternative program;

10. Is subject to self-disclosure requirements regarding current participation in an alternative

program; and

11. Has a valid United States Social Security number.

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d. All party states shall be authorized, in accordance with existing state due process law, to take

adverse action against a nurse’s multistate licensure privilege such as revocation, suspension,

probation or any other action that affects a nurse’s authorization to practice under a multistate

licensure privilege, including cease and desist actions. 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.

e. A nurse practicing in a party state must comply with the state practice laws of the state in which the

client is located at the time service is provided. The practice of nursing is not limited to patient care,

but shall include all nursing practice as defined by the state practice laws of the party state in which

the client is located. The practice of nursing in a party state under a multistate licensure privilege will

subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in

which the client is located at the time service is provided.

f. Individuals not residing in a party state shall continue to be able to apply for a party state’s single-

state license as provided under the laws of each party state. However, the single-state license

granted to these individuals will not be recognized as granting the privilege to practice nursing in any

other party state. Nothing in this Compact shall affect the requirements established by a party state

for the issuance of a single-state license.

g. Any nurse holding a home state multistate license, on the effective date of this Compact, may retain

and renew the multistate license issued by the nurse’s then-current home state, provided that:

1. A nurse, who changes primary state of residence after this Compact’s effective date, must meet

all applicable Article III.c. requirements to obtain a multistate license from a new home state.

2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a

disqualifying event occurring after this Compact’s effective date shall be ineligible to retain or

renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in

accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure

Compact Administrators (“Commission”).

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ARTICLE IV

Applications for Licensure in a Party State

a. Upon application for a multistate license, the licensing board in the issuing 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 state, whether there are any encumbrances on any license or

multistate licensure privilege held by the applicant, whether any adverse action has been taken

against any license or multistate licensure privilege held by the applicant and whether the applicant is

currently participating in an alternative program.

b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time.

c. If a nurse changes primary state of residence by moving between two party states, the nurse must

apply for licensure in the new home state, and the multistate license issued by the prior home state

will be deactivated in accordance with applicable rules adopted by the Commission.

1. The nurse may apply for licensure in advance of a change in primary state of residence.

2. A multistate license shall not be issued by the new home state until the nurse provides

satisfactory evidence of a change in primary state of residence to the new home state and

satisfies all applicable requirements to obtain a multistate license from the new home state.

d. If a nurse changes primary state of residence by moving from a party state to a non-party state, the

multistate license issued by the prior home state will convert to a single-state license, valid only in the

former home state.

ARTICLE V

Additional Authorities Invested in Party State Licensing Boards

a. In addition to the other powers conferred by state law, a licensing board shall have the authority to:

1. Take adverse action against a nurse’s multistate licensure privilege to practice within that party

state.

i. Only the home state shall have the power to take adverse action against a nurse’s license

issued by the home state.

ii. For purposes of taking adverse action, the home state licensing board shall give the same

priority and effect to reported conduct received from a remote state as it would if such

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conduct had occurred within the home state. In so doing, the home state shall apply its own

state laws to determine appropriate action.

2. Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice

within that party state.

3. Complete any pending investigations of a nurse who changes primary state of residence during

the course of such investigations. The licensing board 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.

4. Issue subpoenas for both hearings and investigations that require the attendance and testimony

of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a

party state for the attendance and testimony of witnesses 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 in which the witnesses or

evidence are located.

5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based

information to the Federal Bureau of Investigation for criminal background checks, receive the

results of the Federal Bureau of Investigation record search on criminal background checks and

use the results in making licensure decisions.

6. 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.

7. Take adverse action based on the factual findings of the remote state, provided that the licensing

board follows its own procedures for taking such adverse action.

b. 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

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encumbrances have been removed from the multistate license. All home state disciplinary orders

that impose adverse action against a nurse’s multistate license shall include a statement that the

nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the

order.

c. 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. The home state licensing board shall deactivate the

multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s

participation in an alternative program.

ARTICLE VI

Coordinated Licensure Information System and Exchange of Information

a. All party states shall participate in a coordinated licensure information system of all licensed

registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will

include information on the licensure and disciplinary history of each nurse, as submitted by party

states, to assist in the coordination of nurse licensure and enforcement efforts.

b. The Commission, 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.

c. All licensing boards shall promptly report to the coordinated licensure information system any adverse

action, any current significant investigative information, denials of applications (with the reasons for

such denials) and nurse participation in alternative programs known to the licensing board regardless

of whether such participation is deemed nonpublic or confidential under state law.

d. Current significant investigative information and participation in nonpublic or confidential alternative

programs shall be transmitted through the coordinated licensure information system only to party

state licensing boards.

e. Notwithstanding any other provision of law, all party state licensing boards contributing information to

the coordinated licensure information system may designate information that may not be shared with

non-party states or disclosed to other entities or individuals without the express permission of the

contributing state.

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f. Any personally identifiable information obtained from the coordinated licensure information system by

a party state licensing board shall not be shared with non-party states or disclosed to other entities or

individuals except to the extent permitted by the laws of the party state contributing the information.

g. 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.

h. The Compact administrator of each party state shall furnish a uniform data set to the Compact

administrator of each other party state, which shall include, at a minimum:

1. Identifying information;

2. Licensure data;

3. Information related to alternative program participation; and

4. Other information that may facilitate the administration of this Compact, as determined by

Commission rules.

i. The Compact administrator of a party state shall provide all investigative documents and information

requested by another party state.

ARTICLE VII

Establishment of the Interstate Commission of Nurse Licensure Compact Administrators

a. The party states hereby create and establish a joint public entity known as the Interstate Commission

of Nurse Licensure Compact Administrators.

1. The Commission is an instrumentality of the party states.

2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely

and exclusively, in a court of competent jurisdiction where the principal office of the Commission

is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts

or consents to participate in alternative dispute resolution proceedings.

3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

b. Membership, Voting and Meetings

1. Each party state shall have and be limited to one administrator. The head of the state licensing

board or designee shall be the administrator of this Compact for each party state. Any

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administrator may be removed or suspended from office as provided by the law of the state from

which the Administrator is appointed. Any vacancy occurring in the Commission shall be filled in

accordance with the laws of the party state in which the vacancy exists.

2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and

creation of bylaws and shall otherwise have an opportunity to participate in the business and

affairs of the Commission. An administrator shall vote in person or by such other means as

provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings

by telephone or other means of communication.

3. The Commission shall meet at least once during each calendar year. Additional meetings shall

be held as set forth in the bylaws or rules of the commission.

4. All meetings shall be open to the public, and public notice of meetings shall be given in the same

manner as required under the rulemaking provisions in Article VIII.

5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:

i. Noncompliance of a party state with its obligations under this Compact;

ii. The employment, compensation, discipline or other personnel matters, practices or

procedures related to specific employees or other matters related to the Commission’s

internal personnel practices and procedures;

iii. Current, threatened or reasonably anticipated litigation;

iv. Negotiation of contracts for the purchase or sale of goods, services or real estate;

v. Accusing any person of a crime or formally censuring any person;

vi. Disclosure of trade secrets or commercial or financial information that is privileged or

confidential;

vii. Disclosure of information of a personal nature where disclosure would constitute a clearly

unwarranted invasion of personal privacy;

viii. Disclosure of investigatory records compiled for law enforcement purposes;

ix. Disclosure of information related to any reports prepared by or on behalf of the Commission

for the purpose of investigation of compliance with this Compact; or

x. Matters specifically exempted from disclosure by federal or state statute.

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6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal

counsel or designee shall certify that the meeting may be closed and shall reference each

relevant exempting provision. The Commission shall keep minutes that fully and clearly describe

all matters discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons therefor, including a description of the views expressed. All documents

considered in connection with an action shall be identified in such minutes. All minutes and

documents of a closed meeting shall remain under seal, subject to release by a majority vote of

the Commission or order of a court of competent jurisdiction.

c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its

conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of

this Compact, including but not limited to:

1. Establishing the fiscal year of the Commission;

2. Providing reasonable standards and procedures:

i. For the establishment and meetings of other committees; and

ii. Governing any general or specific delegation of any authority or function of the Commission;

3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring

reasonable advance notice of all meetings and providing an opportunity for attendance

of such meetings by interested parties, with enumerated exceptions designed to protect the

public’s interest, the privacy of individuals, and proprietary information, including trade secrets.

The Commission may meet in closed session only after a majority of the administrators vote to

close a meeting in whole or in part. As soon as practicable, the Commission must make public a

copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes

allowed;

4. Establishing the titles, duties and authority and reasonable procedures for the election of the

officers of the Commission;

5. Providing reasonable standards and procedures for the establishment of the personnel policies

and programs of the Commission. Notwithstanding any civil service or other similar laws of any

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party state, the bylaws shall exclusively govern the personnel policies and programs of the

Commission; and

6. Providing a mechanism for winding up the operations of the Commission and the equitable

disposition of any surplus funds that may exist after the termination of this Compact after the

payment or reserving of all of its debts and obligations;

d. The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient

form on the website of the Commission.

e. The Commission shall maintain its financial records in accordance with the bylaws.

f. The Commission shall meet and take such actions as are consistent with the provisions of this

Compact and the bylaws.

g. The Commission shall have the following powers:

1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this

Compact. The rules shall have the force and effect of law and shall be binding in all party states;

2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided

that the standing of any licensing board to sue or be sued under applicable law shall not be

affected;

3. To purchase and maintain insurance and bonds;

4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of

a party state or nonprofit organizations;

5. To cooperate with other organizations that administer state compacts related to the regulation of

nursing, including but not limited to sharing administrative or staff expenses, office space or other

resources;

6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such

individuals appropriate authority to carry out the purposes of this Compact, and to establish the

Commission’s personnel policies and programs relating to conflicts of interest, qualifications of

personnel and other related personnel matters;

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7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies,

materials and services, and to receive, utilize and dispose of the same; provided that at all times

the Commission shall avoid any appearance of impropriety or conflict of interest;

8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve

or use, any property, whether real, personal or mixed; provided that at all times the Commission

shall avoid any appearance of impropriety;

9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any

property, whether real, personal or mixed;

10. To establish a budget and make expenditures;

11. To borrow money;

12. To appoint committees, including advisory committees comprised of administrators, state nursing

regulators, state legislators or their representatives, and consumer representatives, and other

such interested persons;

13. To provide and receive information from, and to cooperate with, law enforcement agencies;

14. To adopt and use an official seal; and

15. To perform such other functions as may be necessary or appropriate to achieve the purposes of

this Compact consistent with the state regulation of nurse licensure and practice.

h. Financing of the Commission

1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its

establishment, organization and ongoing activities.

2. The Commission may also levy on and collect an annual assessment from each party state to

cover the cost of its operations, activities and staff in its annual budget as approved each year.

The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be

determined by the Commission, which shall promulgate a rule that is binding upon all party

states.

3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to

meet the same; nor shall the Commission pledge the credit of any of the party states, except by,

and with the authority of, such party state.

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4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts

and disbursements of the Commission shall be subject to the audit and accounting procedures

established under its bylaws. However, all receipts and disbursements of funds handled by the

Commission shall be audited yearly by a certified or licensed public accountant, and the report of

the audit shall be included in and become part of the annual report of the Commission.

i. Qualified Immunity, Defense and Indemnification

1. The administrators, officers, executive director, employees and representatives of the

Commission shall be immune from suit and liability, either personally or in their official capacity,

for any claim for damage to or loss of property or personal injury or other civil liability caused by

or arising out of any actual or alleged act, error or omission that occurred, or that the person

against whom the claim is made had a reasonable basis for believing occurred, within the scope

of Commission employment, duties or responsibilities; provided that nothing in this paragraph

shall be construed to protect any such person from suit or liability for any damage, loss, injury or

liability caused by the intentional, willful or wanton misconduct of that person.

2. The Commission shall defend any administrator, officer, executive director, employee or

representative of the Commission in any civil action seeking to impose liability arising out of any

actual or alleged act, error or omission that occurred within the scope of Commission

employment, duties or responsibilities, or that the person against whom the claim is made had a

reasonable basis for believing occurred within the scope of Commission employment, duties or

responsibilities; provided that nothing herein shall be construed to prohibit that person from

retaining his or her own counsel; and provided further that the actual or alleged act, error or

omission did not result from that person’s intentional, willful or wanton misconduct.

3. The Commission shall indemnify and hold harmless any administrator, officer, executive director,

employee or representative of the Commission for the amount of any settlement or judgment

obtained against that person arising out of any actual or alleged act, error or omission that

occurred within the scope of Commission employment, duties or responsibilities, or that such

person had a reasonable basis for believing occurred within the scope of Commission

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employment, duties or responsibilities, provided that the actual or alleged act, error or omission

did not result from the intentional, willful or wanton misconduct of that person.

ARTICLE VIII

Rulemaking

a. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article

and the rules adopted thereunder. Rules and amendments shall become binding as of the date

specified in each rule or amendment and shall have the same force and effect as provisions of this

Compact.

b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the

Commission.

c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60)

days in advance of the meeting at which the rule will be considered and voted upon, the Commission

shall file a notice of proposed rulemaking:

1. On the website of the Commission; and

2. On the website of each licensing board or the publication in which each state would otherwise

publish proposed rules.

d. The notice of proposed rulemaking shall include:

1. The proposed time, date and location of the meeting in which the rule will be considered and

voted upon;

2. The text of the proposed rule or amendment, and the reason for the proposed rule;

3. A request for comments on the proposed rule from any interested person; and

4. The manner in which interested persons may submit notice to the Commission of their intention to

attend the public hearing and any written comments.

e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts,

opinions and arguments, which shall be made available to the public.

f. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.

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g. The Commission shall publish the place, time and date of the scheduled public hearing.

1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair

and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a

copy will be made available upon request.

2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules

may be grouped for the convenience of the Commission at hearings required by this section.

h. If no one appears at the public hearing, the Commission may proceed with promulgation of the

proposed rule.

i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if

the hearing was not held, the Commission shall consider all written and oral comments received.

j. The Commission shall, by majority vote of all administrators, take final action on the proposed rule

and shall determine the effective date of the rule, if any, based on the rulemaking record and the full

text of the rule.

k. Upon determination that an emergency exists, the Commission may consider and adopt an

emergency rule without prior notice, opportunity for comment or hearing, provided that the usual

rulemaking procedures provided in this Compact and in this section shall be retroactively applied to

the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective

date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted

immediately in order to:

1. Meet an imminent threat to public health, safety or welfare;

2. Prevent a loss of Commission or party state funds; or

3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or

rule.

l. The Commission may direct revisions to a previously adopted rule or amendment for purposes of

correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public

notice of any revisions shall be posted on the website of the Commission. The revision shall be

subject to challenge by any person for a period of thirty (30) days after posting. The revision may be

challenged only on grounds that the revision results in a material change to a rule. A challenge shall

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be made in writing, and delivered to the Commission, prior to the end of the notice period. If no

challenge is made, the revision will take effect without further action. If the revision is challenged, the

revision may not take effect without the approval of the Commission.

ARTICLE IX

Oversight, Dispute Resolution and Enforcement

a. Oversight

1. Each party state shall enforce this Compact and take all actions necessary and appropriate to

effectuate this Compact’s purposes and intent.

2. The Commission shall be entitled to receive service of process in any proceeding that may affect

the powers, responsibilities or actions of the Commission, and shall have standing to intervene in

such a proceeding for all purposes. Failure to provide service of process in such proceeding to

the Commission shall render a judgment or order void as to the Commission, this Compact or

promulgated rules.

b. Default, Technical Assistance and Termination

1. If the Commission determines that a party state has defaulted in the performance of its

obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

i. Provide written notice to the defaulting state and other party states of the nature of the

default, the proposed means of curing the default or any other action to be taken by the

Commission; and

ii. Provide remedial training and specific technical assistance regarding the default.

2. If a state in default fails to cure the default, the defaulting state’s membership in this Compact

may be terminated upon an affirmative vote of a majority of the administrators, and all rights,

privileges and benefits conferred by this Compact may be terminated on the effective date of

termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default.

3. Termination of membership in this Compact shall be imposed only after all other means of

securing compliance have been exhausted. Notice of intent to suspend or terminate shall be

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given by the Commission to the governor of the defaulting state and to the executive officer of the

defaulting state’s licensing board and each of the party states.

4. A state whose membership in this Compact has been terminated is responsible for all

assessments, obligations and liabilities incurred through the effective date of termination,

including obligations that extend beyond the effective date of termination.

5. The Commission shall not bear any costs related to a state that is found to be in default or whose

membership in this Compact has been terminated unless agreed upon in writing between the

Commission and the defaulting state.

6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District

Court for the District of Columbia or the federal district in which the Commission has its principal

offices. The prevailing party shall be awarded all costs of such litigation, including reasonable

attorneys’ fees.

c. Dispute Resolution

1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the

Compact that arise among party states and between party and non-party states.

2. The Commission shall promulgate a rule providing for both mediation and binding dispute

resolution for disputes, as appropriate.

3. In the event the Commission cannot resolve disputes among party states arising under this

Compact:

i. The party states may submit the issues in dispute to an arbitration panel, which will be

comprised of individuals appointed by the Compact administrator in each of the affected party

states and an individual mutually agreed upon by the Compact administrators of all the party

states involved in the dispute.

ii. The decision of a majority of the arbitrators shall be final and binding.

d. Enforcement

1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and

rules of this Compact.

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2. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District

of Columbia or the federal district in which the Commission has its principal offices against a party

state that is in default to enforce compliance with the provisions of this Compact and its

promulgated rules and bylaws. The relief sought may include both injunctive relief and damages.

In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of

such litigation, including reasonable attorneys’ fees.

3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission

may pursue any other remedies available under federal or state law.

ARTICLE X

Effective Date, Withdrawal and Amendment

a. This Compact shall become effective and binding on the earlier of the date of legislative enactment of

this Compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to

this Compact, that also were parties to the prior Nurse Licensure Compact, superseded by this

Compact, (“Prior Compact”), shall be deemed to have withdrawn from said Prior Compact within six

(6) months after the effective date of this Compact.

b. Each party state to this Compact shall continue to recognize a nurse’s multistate licensure privilege to

practice in that party state issued under the Prior Compact until such party state has withdrawn from

the Prior Compact.

c. Any party state may withdraw from this Compact by enacting a statute repealing the same. A party

state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

d. A party state’s withdrawal or termination shall not affect the continuing requirement of the withdrawing

or terminated state’s licensing board to report adverse actions and significant investigations occurring

prior to the effective date of such withdrawal or termination.

e. 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 non-party state that is

made in accordance with the other provisions of this Compact.

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f. 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.

g. Representatives of non-party states to this Compact shall be invited to participate in the activities of

the Commission, on a nonvoting basis, prior to the adoption of this Compact by all states.

ARTICLE XI

Construction and Severability

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 if 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 to be contrary to the constitution of any party state, this

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.

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The Interstate Commission of Nurse Licensure Compact Administrators

Final Rules

Effective January 1, 2019

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Table of Contents

Section 100. Definitions………………………………………………………………………………………………………..3

Section 200. Coordinated Licensure Information System

201. Uniform Data Set and Levels of Access…….……………………………………………………..4

202.Querying the Coordinated Licensure Information System……………………………...5

Section 300. Implementation

301.Implementation Date…………………………………………………………………………………………..5

302. Transition……………………………………………………………………………………………………………5

303.Recognition of New Party States After January 19, 2018……………………………...6

Section 400. Licensure

401.A Party State’s Responsibilities………………………………………………………………………..6

402. An Applicant’s Responsibilities………………………………………………………………………...7

403.Change in Primary State of Residence…………………………………………………………...8

404.Temporary Permits and Licenses…………………………………………………………………....8

405.Identification of Licenses…………………………………………………………………………………..8

406. Credentialing and English Proficiency for Foreign Nurse Graduates…………..9

407. Deactivation, Discipline and Revocation………………………………………………………...9

Section 500. Administration

501. Dues Assessment……………………………………………………………………………………………...9

502. Dispute Resolution…………………………………………………………………………………………….9

503. Compliance and Enforcement…………………………………………………………………………10

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SECTION 100. DEFINITIONS

(1) "Commission" means the Interstate Commission of Nurse Licensure CompactAdministrators.

(2) “Compact” means the Nurse Licensure Compact that became effective on July 20,2017 and implemented on January 19, 2018.

(3) “Convert” means to change a multistate license to a single-state license if a nursechanges primary state of residence by moving from a party state to a non-party state; orto change a single-state license to a multistate license once any disqualifying events areeliminated.

(4) “Deactivate” means to change the status of a multistate license or privilege topractice.

(5) “Director” means the individual referred to in Article IV of the Interstate Commissionof Nurse Licensure Compact Administrators Bylaws.

(6) “Disqualifying Event” means an incident, which results in a person becomingdisqualified or ineligible to retain or renew a multistate license. These include but arenot limited to the following: any adverse action resulting in an encumbrance, currentparticipation in an alternative program, a misdemeanor offense related to the practice ofnursing (which includes, but is not limited to, an agreed disposition), or a felony offense(which includes, but is not limited to, an agreed disposition).

(7) “Independent credentials review agency” means a non-governmental evaluationagency that verifies and certifies that foreign nurse graduates have graduated fromnursing programs that are academically equivalent to nursing programs in the UnitedStates.

(8) “Licensure” includes the authority to practice nursing granted through the process ofexamination, endorsement, renewal, reinstatement and/or reactivation.

(9) "Prior Compact" means the Nurse Licensure Compact that was in effect untilJanuary 19, 2018.

(10) “Unencumbered license” means a license that authorizes a nurse to engage in thefull and unrestricted practice of nursing.

History: Adopted December 12, 2017; effective January 19, 2018.

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SECTION 200. COORDINATED LICENSURE INFORMATION SYSTEM

201. UNIFORM DATA SET AND LEVELS OF ACCESS

(1) The Compact Administrator of each party state shall furnish uniform data to theCoordinated Licensure Information System, which shall consist of the following:

(a) the nurse’s name;

(b) jurisdiction of licensure;

(c) license expiration date;

(d) licensure classification, license number and status;

(e) public emergency and final disciplinary actions, as defined by thecontributing state authority;

(f) a change in the status of a disciplinary action or licensure encumbrance;

(g) status of multistate licensure privileges;

(h) current participation by the nurse in an alternative program;

(i) information that is required to be expunged by the laws of a party state;

(j) the applicant or nurse’s United States social security number;

(k) current significant investigative information; and

(l) a correction to a licensee’s data.

(2) The public shall have access to items (1)(a) through (g) and information about alicensee’s participation in an alternative program to the extent allowed by state law.

(3) In the event a nurse asserts that any Coordinated Licensure Information Systemdata is inaccurate, the burden shall be upon the nurse to provide evidence in a mannerdetermined by the party state that substantiates such claim.

(4) A party state shall report the items in the uniform data set to the CoordinatedLicensure Information System within fifteen (15) calendar days of the date on which theaction is taken.

History: Adopted December 12, 2017; effective January 19, 2018; amended August 14, 2018; effective January 1, 2019.

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202. QUERYING THE COORDINATED LICENSURE INFORMATION SYSTEM

(1) Upon application for multistate licensure, with the exception of renewal by anurse, a party state shall query the Coordinated Licensure Information System todetermine the applicant’s current licensure status, previous disciplinary action(s),current participation in an alternative program, and any current significantinvestigative information.

(2) Upon discovery that an applicant is under investigation in another party state, theparty state in receipt of the nurse licensure application shall contact the investigatingparty state and may request investigative documents and information.

History: Adopted December 12, 2017; effective January 19, 2018.

SECTION 300. IMPLEMENTATION

301. IMPLEMENTATION DATE

The Compact shall be implemented on January 19, 2018.

History: Adopted December 12, 2017; effective January 19, 2018.

302. TRANSITION

(1) (a) A nurse who holds a multistate license on the Compact effective date of July20, 2017, and whose multistate license remains unencumbered on the January19, 2018 implementation date and who maintains and renews a multistatelicense is not required to meet the new requirements for a multistate licenseunder the Compact.

(b) A nurse who retained a multistate license pursuant to subsection (a) of thissection and subsequently incurs a disqualifying event shall have the multistatelicense revoked or deactivated pursuant to the laws of the home state.

(c) A nurse whose multistate license is revoked or deactivated may be eligible fora single state license in accordance with the laws of the party state.

(2) A nurse who applies for a multistate license after July 20, 2017, shall be required tomeet the requirements of Article III (c) of the Compact.

(3) During the transition period, a licensee who holds a single state license in aCompact state that was not a member of the prior Compact and who also holds amultistate license in a party state, may retain the single state license until it lapses,expires or becomes inactive.”

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(4) After the implementation date, party states shall not renew or reinstate a single state license if the nurse has a multistate license in another party state.

History: Adopted December 12, 2017; effective January 19, 2018.

303. RECOGNITION OF NEW PARTY STATES AFTER JANUARY 19, 2018

(1) All party states shall be notified by the Commission within fifteen (15) calendar days when a new party state enacts the Compact.

(2) The new party state shall establish an implementation date six (6) months from enactment or as specified in the enabling language and shall notify the Director of the date.

(3) Upon implementation, a new state licensee who holds a single state license in a Compact state that was not a member of the prior Compact and holds a multistate license in a party state, may retain the single state license until it lapses, expires or becomes inactive.

(4) At least ninety (90) calendar days prior to the implementation date, all other party states shall notify any active single state licensee with an address in the new party state that the licensee may only hold one multistate license in the primary state of residence. The licensee shall be advised to obtain or maintain a multistate license only from the primary state of residence.

(5) Each party state shall deactivate a multistate license when a new home state issues a multistate license.

History: Adopted December 12, 2017; effective January 19, 2018.

SECTION 400. LICENSURE

401. PARTY STATE RESPONSIBILITIES

(1) On all application forms for multistate licensure, a party state shall require, at a minimum:

(a) A declaration of a primary state of residence and

(b) Whether the applicant is a current participant in an alternative program.

(2) (a) An applicant for licensure who is determined to be ineligible for a multistate license shall be notified by the home state of the qualifications not met.

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(b) The home state may issue a single state license pursuant to its laws.

(3) A party state shall not issue a single state license to a nurse who holds a multistate license in another party state.

History: Adopted December 12, 2017; effective January 19, 2018.

402. APPLICANT RESPONSIBILITIES

(1) On all application forms for multistate licensure in a party state, an applicant shall declare a primary state of residence.

(2) A nurse who changes primary state of residence to another party state shall apply for a license in the new party state when the nurse declares to be a resident of the state and obtains privileges not ordinarily extended to nonresidents of the state, including but not limited to, those listed in 402 (4) (a) – (e).

(3) A nurse shall not apply for a single state license in a party state while the nurse holds a multistate license in another party state.

(4) A party state may require an applicant to provide evidence of residence in the declared primary state of residence. This evidence may include, but is not limited to, a current:

(a) driver’s license with a home address;

(b) voter registration card with a home address;

(c) federal income tax return with a primary state of residence declaration;

(d) military form no. 2058 (state of legal residence certificate); or

(e) W2 form from the United States government or any bureau, division, or agency thereof, indicating residence.

(5) An applicant who is a citizen of a foreign country, and who is lawfully present in the United States and is applying for multistate licensure in a party state may declare either the applicant’s country of origin or the party state where they are living as the primary state of residence. If the applicant declares the foreign country as the primary state of residence, the party state shall not issue a multistate license, but may issue a single state license if the applicant meets the party state’s licensure requirements.

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(6) An applicant shall disclose current participation in an alternative program to any party state, whether upon initial application or within ten (10) calendar days of enrollment in the program.

History: Adopted December 12, 2017; effective January 19, 2018.

403. CHANGE IN PRIMARY STATE OF RESIDENCE

(1) A nurse who changes his or her primary state of residence from one party state to another party state may continue to practice under the existing multistate license while the nurse’s application is processed and a multistate license is issued in the new primary state of residence.

(2) Upon issuance of a new multistate license, the former primary state of residence shall deactivate its multistate license held by the nurse and provide notice to the nurse.

(3) If a party state verifies that a licensee who holds a multistate license changes primary state of residence to a non-party state, the party state shall convert the multistate license to a single state license within fifteen (15) calendar days, and report this conversion to the Coordinated Licensure Information System.

History: Adopted December 12, 2017; effective January 19, 2018.

404. TEMPORARY PERMITS AND LICENSES

A temporary permit, license, or similar temporary authorization to practice issued by a party state to an applicant for licensure shall not grant multistate licensure privileges.

History: Adopted December 12, 2017; effective January 19, 2018.

405. IDENTIFICATION OF LICENSES

A license issued by a party state shall be clearly identified as either a single state license or a multistate license. History: Adopted December 12, 2017; effective January 19, 2018.

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406. CREDENTIALING AND ENGLISH PROFICIENCY FOR FOREIGN NURSE GRADUATES

(1) A party state shall verify that an independent credentials review agency evaluated the credentials of graduates as set forth in Article III (c)(2)ii.

(2) The party state shall verify successful completion of an English proficiency examination for graduates as set forth in Article III (c)(3).

History: Adopted December 12, 2017; effective January 19, 2018.

407. DEACTIVATION, DISCIPLINE AND REVOCATION

A party state shall determine whether a disqualifying event will result in adverse action or deactivation of a multistate license or privilege. Upon deactivation due to a disqualifying event, the home state may issue a single state license.

History: Adopted December 12, 2017; effective January 19, 2018.

SECTION 500. ADMINISTRATION

501. DUES ASSESSMENT

(1) The Commission shall determine the annual assessment to be paid by party states. The assessment formula is a flat fee per party state. The Commission shall provide public notice of any proposed revision to the annual assessment fee at least ninety (90) calendar days prior to the Commission meeting to consider the proposed revision.

(2) The annual assessment shall be due within the Commission’s first fiscal year after the implementation date and annually thereafter.

History: Adopted December 12, 2017; effective January 19, 2018.

502. DISPUTE RESOLUTION.

(1) In the event that two or more party states have a dispute, the parties shall attempt resolution following the steps set out in this rule.

(2) The parties shall first attempt informal resolution. The Compact Administrators in the states involved shall contact each other. Each Compact Administrator shall submit a written statement describing the situation to the other Compact Administrators involved

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in the dispute. Each Compact Administrator may submit a response. The submission of the statement and the response shall be in a mutually agreed upon time frame. If an interpretation of the Compact is needed, the parties shall request assistance from the Executive Committee. If all issues are resolved, no further action is required and all party state Compact Administrators shall be informed of the result. If any issue remains unresolved, the parties shall notify the Commission and request mediation.

(3)(a) A party state that has a dispute with one or more other party states, and informal resolution was unsuccessful, shall attempt mediation. Mediation shall be conducted by a mediator appointed by the Executive Committee from a list of mediators approved by the National Association of Certified Mediators or as agreed to by all parties. If all issues are resolved through mediation, no further action is required. If mediation is unsuccessful, the parties shall submit to binding dispute resolution.

(b) The costs of mediation shall be shared by all party states involved.

(c) All party state Compact Administrators shall be notified of all issues and disputes that rise to the mediation stage in order to comment on those matters and disputes that may impact all party states.

(4)(a) In the event of a dispute between party states that was not resolved through informal resolution or mediation, the party states shall submit to binding dispute resolution. The parties may choose binding dispute resolution either by submitting the question dispute to the Commission for final action or by arbitration.

(b) All party states involved shall agree in order to proceed with arbitration. In the absence of agreement, the matter shall be referred to the Commission for final determination.

(c) Each party state involved shall be responsible for its own respective expenses, including attorney fees.

(d) The party state Compact Administrators involved in the dispute shall recuse themselves from consideration or voting by the full Commission.

History: Adopted August 14, 2018; effective January 1, 2019.

503. COMPLIANCE AND ENFORCEMENT.

(1) Compliance and enforcement issues shall be initiated by the Executive Committee.

(2) The Executive Committee, through the Director, shall send a written statement to the Compact Administrator in the party state with the alleged non-compliance issue. That

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Compact Administrator shall respond to the written statement within thirty calendar days.

(3) The Compact Administrator may appear before the Executive Committee at a timeand place as designated by the Executive Committee.

(4) The Executive Committee shall make a recommendation to the Commissionconcerning the issue of non-compliance.

History: Adopted August 14, 2018; effective January 1, 2019.

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The Interstate Commission of Nurse Licensure Compact Administrators

By-Laws

Adopted August 3, 2017, Amended August 15, 2017

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INDEXThe Interstate Commission of Nurse Licensure Compact Administrators Bylaws (Final Adopted August 3, 2017)

Article I - Commission Purpose, Function and BylawsSection 1. Purpose.Section 2. Functions.Section 3. Bylaws.Article IIMembership

Article III - Executive CommitteeSection 1. Section 2: Election and Succession.Section 3. Duties.Section 4. Removal of Executive Committee Members.Section 5. Vacancies

Article IV - Commission PersonnelSection 1. Duties of the Director.

Article V - Meetings of the CommissionSection 1. Meetings and Notice.Section 2. Quorum.

Section 3. Voting.Section 4. Procedure.Section 5. Public Participation in Meetings.

Article VI – Committees.Section 1. Committees.

Article VII - FinanceSection 1. Fiscal Year.Section 2. Budget.Section 3. Accounting and Audit.Section 4. Costs and Expense.Reimbursement.

Article VIII - Adoption and Amendment of Bylaws

Article IX - Dissolution of the Commission

Article X - Affiliation with National Council State Boards of Nursing

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Article ICommission Purpose, Function and Bylaws

Section 1. Purpose.

Pursuant to the terms of the Nurse Licensure Compact, (the “Compact”), the Interstate Commission of Nurse Licensure Compact Administrators (the “Commission”) is established as a quasi-governmental and joint public entity of the Party States to fulfill the Compact objectives through a means of joint cooperative action among the Party States. This is accomplished by developing a comprehensive process that facilitates the exchange of information in the areas of licensure and investigative authority of state boards of nursing and providing for mutual recognition of nursing licenses by all Party States, thereby enhancing the portability and mobility of a nursing license and promoting public protection.

Section 2. Functions.

In pursuit of the fundamental objectives set forth in the Compact, the Commission shall, as necessary or required, exercise all of the powers and fulfill all of the duties delegated to it by the Party States. The Commission’s activities shall include, but are not limited to, the following: the promulgation of rules;enforcement of Commission Rules and Bylaws; provision of dispute resolution; coordination of training and education; and the collection and dissemination of information concerning the activities of the Compact, as provided by the Compact, or as determined by the Commission to be warranted by, and consistent with, the objectives and provisions of the Compact. The provisions of the Compact shall be reasonably and liberally construed to accomplish the purposes and policies of the Compact.

Section 3. Bylaws.

As required by the Compact, these Bylaws shall govern the management and operations of the Commission. As adopted and subsequently amended, these Bylaws shall remain at all times subject to, and limited by, the terms of the Compact.

Article IIMembership

The Commission membership shall be comprised as provided by the Compact. Each Party State shall have and be limited to one voting Compact Administrator.The Compact Administrator shall be the Commissioner of the Party State. Each Party State shall forward the name of its Commissioner to the Chair of the Commission or designee. A Commissioner may designate a person to serve in place of the Commissioner as the Commissioner’s designee with respect to

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Commission business, including attending Commission meetings and voting. A Commissioner must notify the Chair of the Commission or designee of the scope and duration of the designation, prior to the meeting. The Chair of the Commission shall promptly advise the Party State of the need to appoint a new Commissioner whenever a vacancy occurs.

Article IIIExecutive Committee

Section 1.

The Commission shall establish an Executive Committee, which shall be empowered to act on behalf of the Commission between Commission meetings, except for rulemaking or amendment of the Compact. The Commission shall determine the procedures, duties and budget of the Executive Committee. The power of the Executive Committee to act on behalf of the Commission shall at all times be subject to any limitations imposed by the Bylaws, Compact or the Commission.

The Executive Committee shall consist of the Chair, Vice Chair, and Treasurer of the Commission and four additional members of the Commission.

Section 2: Election and Succession.

The Executive Committee shall be elected by the Commission by mail or electronic ballot. The elections Committee shall send a call for nominations at least 50 days prior to the election, shall announce a slate of candidates to the Commission at least 30 days prior to the election, shall announce voting by mail or electronic ballot at least 10 days prior to the election and shall verif y and report the results of the election to the Commission on October 1.

Any election resulting in a tie vote will be decided by lot. No Commissioner shall be nominated or eligible to serve on the Executive Committee if from a Party State in default of its obligations under the Compact.

Members of the Executive Committee shall serve a term of two years or until a successor is elected. No person shall serve more than two full consecutive terms in the same office. Any candidate for the Executive Committee shall be a Commissioner who has previously participated in the meetings of the Commission.

The election of the Executive Committee shall be as follows:

1. Chair: The chair shall be elected in odd numbered years;

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2. Vice Chair: The vice chair shall be elected in even numbered years;

3. Treasurer: The treasurer shall be elected in even numbered years;

4. Members-at-Large (4 positions): Members-at-Large shall be twomembers elected in even numbered years; two members elected in oddnumbered years.

Section 3. Duties.

The Commission’s officers shall perform all duties of their respective officesas the compact and these Bylaws provide. Their duties shall include, but are not limited to the following: 1. Chair: The Chair shall call and preside at Commission and Executive

Committee meetings; prepare agendas for the meetings; act onCommission’s behalf between Commission meetings. A candidate forelection, as Chair, must have served on the NLC Executive Committee fora minimum of one year.

2. Vice Chair: The Vice Chair shall perform the Chair duties in his/herabsence or at the Chair’s direction. In the event of a vacancy in theChair’s office, the Vice Chair shall serve until the Commission elects anew Chair. A candidate for election, as Vice-Chair, must have a minimumof one-year experience as a Commissioner or a compact administrator.

3. Treasurer: The Treasurer, with the assistance of the Director of theCompact, shall monitor the Commission’s fiscal policies and procedures.If the Commission does not have a Director of the Compact, the Treasurerwill also serve as secretary and perform the duties of secretary describedin Article IV Section 1 (1).

The Executive Committee shall:

1. Administer the affairs of the Commission in a manner consistent with theBylaws and purpose of the Commission;

2. Propose budgets, provide fiscal oversight and provide for an annual fiscalreview;

3. Propose policies and procedures for consideration by the Commission;

4. Contract for services and monitor contract compliance;

5. Monitor and enforce member compliance with the Compact;

6. Propose standing and ad hoc committees.

7. Approve and maintain its minutes;

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8. Perform such other functions as are necessary or appropriate to carry outthe purpose of the Commission.

Section 4. Removal of Executive Committee Members.

Any Executive Committee member may be removed from office for good cause by a two-third (2/3rd) majority vote of the Commission.

Section 5. Vacancies

Upon the resignation, removal, or death of a member of the Executive Committee, such vacancy shall be announced to the Commission by the Chair or designee.

An Elections Committee shall send a call for nominations 30 days prior to the election, shall announce a slate of candidates to the Commission 20 days prior to the election, shall announce voting by mail or electronic ballot 10 days prior to the election and shall verify and report the results of the election to the Commission.

Any election resulting in a tie vote will be decided by lot. No Commissioner shall be nominated or eligible to serve on the Executive Committee if from a Party State in default of its obligations under the Compact.

Article IVCommission Personnel

Section 1. Duties of the Director.

The Commission, through its Executive Committee, may contract for a Director of the Compact. As the Commission’s principal administrator, the Director shall also perform such other duties as may be delegated by the Commission or required by the Compact and the Bylaws, including, but not limited to, the following:

1. Serve at its discretion and act as Secretary to the Commission, but shallnot be a Member of the Commission;

2. Hire and supervise such other staff as may be authorized by theCommission;

3. Establish and manage the Commission’s office or offices as determinedby the Commission;

4. Recommend general policies and program initiatives for the Commission’sconsideration;

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5. Recommend for the Commission’s consideration administrative personnel policies governing the recruitment, hiring, management, compensation and dismissal of Commission staff;

6. Implement and monitor administration of all policies, programs, and initiatives adopted by the Commission;

7. Prepare draft annual budgets for the Commission’s consideration;

8. Monitor the Commission’s financial performance for compliance with approved budgets and policies, and maintain accurate records of the Commission’s financial account(s);

9. Execute contracts on behalf of the Commission as directed;

10. Receive service of process on behalf of the Commission;

11. Prepare and disseminate all required reports and notices directed by the Commission;

12. Assist the members of the Executive Committee in the performance of its duties;

13. Speak on behalf and represent the Commission;

14. In collaboration with legal counsel, ensure the legal integrity of the Commission and

15. Report about policy, regulatory, political, legal or other developments of relevance to the Commission’s operation.

Article V Meetings of the Commission

Section 1. Meetings and Notice. The Commission shall meet face-to-face at least twice a year at a time and place as determined by the Commissioners. Members may participate in meetings by telephone or other means of telecommunication. Special meetings may be scheduled at the discretion of the Chair, or shall be called upon the request of a majority of Commissioners. All Commissioners shall be given notice of Commission meetings at least thirty (30) days prior to the scheduled date. Agendas shall be provided to all

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Commissioners no later than seven (7) days prior to any meeting of the Commission. If an amendment to an agenda is made after an agenda has been noticed, but forty-eight (48) hours prior to a regular meeting, or twenty-four (24) hours prior to a special meeting, then the agenda is amended upon the posting of the amended agenda. All Commission meetings shall be open to the public, except as set forth in Commission Rules or as otherwise provided by the Compact. Prior public notice shall be as follows: publication of notice of each meeting will be posted at least seven (7) days prior to the meeting on the Commission's website or another website designated by the Commission and distribution by e-mail to interested parties who have requested in writing to receive such meeting notices. A meeting may be closed to the public if the Commission determines by a majority vote of the Commissioners that there exists at least one of the conditions for closing a meeting, as provided by the Compact or authorized Rules. Section 2. Quorum. A majority of Commissioners shall constitute a quorum for the transaction of business, except as otherwise required in these Bylaws. The presence of a quorum must be established before any vote of the Commission can be taken. Section 3. Voting. Each Party State is entitled to one vote. A Commissioner shall vote on such member’s own behalf and shall not delegate the vote to another Commissioner, except as permitted by a designation allowed under Article II. Any question submitted for a vote of the Commission shall be determined by a simple majority, except as otherwise required by the Compact or the Bylaws. Section 4. Procedure. The rules contained in the then current edition of Robert’s Rules of Order Newly Revised shall govern the parliamentary procedures of the commission and its committees in all cases not provided for in these Bylaws or in any policies and procedures or any special rules of order which are duly adopted by the Commission. Section 5. Public Participation in Meetings. Upon prior written request to the Commission, any person who desires to present a statement on a matter on the agenda shall be afforded an opportunity to present an oral statement to the Commission at an open meeting. The Chair may, depending on the circumstances, allow any person who desires an opportunity to present a statement on a matter that is on the agenda even in the

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absence of a prior written request to the Commission. The Chair may limit the time and manner of public statements at any open meeting.

Article VICommittees

Section 1. Committees.

The Commission shall establish committees, as it deems necessary, to carry out its objectives which shall include, but not be limited, to:

1. Rules Committee

A Rules Committee shall be established as a standing committee todevelop uniform Compact rules for consideration by the Commission andsubsequent implementation by the states and to review existing rules andrecommend necessary changes to the Commission for consideration.

2. Compliance Committee

A Compliance Committee shall be established as a standing committee tomonitor a Party State’s compliance with the terms of the Compact and itsauthorized rules.

3. Elections Committee

An Election Committee shall be established as a standing committee to:

a. Inform the Commissioners on the responsibilities of the office;b. Encourage participation by the Commissioners in the elections

process;c. Announce nominations deadlines and anticipated vacancies of the

Executive Committee of the Commission;d. Communicate with incumbents to determine if they wish to run for

re-election;e. Accept qualified nominees and prepare a slate of candidates for the

election of the officers or members at large of the ExecutiveCommittee;

f. Present a list of candidates to the Commission including the termsof office expiration dates; and

g. Tally/verify the election results and report to the Commission.

The composition, procedures, duties, budget and tenure of all committees shall be determined through policies approved by the Commission. The Commission may dissolve any committee it determines is no longer needed.

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Article VII Finance

Section 1. Fiscal Year. The Commission’s fiscal year shall begin on October 1 and end on September 30. Membership fees in an amount to be determined by the Commission, are payable by October 1 of each year. Section 2. Budget. The Commission shall operate on an annual budget cycle and shall, in any given year, adopt budgets for the following fiscal year or years as provided by the Compact. Section 3. Accounting and Audit. The Commission, with the assistance of the Director, shall keep accurate and timely accounts of its internal receipts and disbursements of the Commission funds. The receipts and disbursements of Commission funds are to be audited annually by an independent certified or licensed accountant. The independent audit report shall be made available to the public. Section 4. Costs and Expense Reimbursement. Subject to the availability of budgeted funds and unless otherwise provided by the Commission, Commissioners and Executive Committee shall be reimbursed as allowed by state policy for any actual and necessary expenses incurred pursuant to their attendance at all duly convened meetings of the Commission or its committees as provided by the Compact.

Article VIII Adoption and Amendment of Bylaws

Any Bylaw may be adopted, amended or repealed by a majority vote of the Commissioners, provided that written notice and the full text of the proposed action is provided to all Commissioners at least thirty (30) days prior to the meeting at which the action is to be considered. Failing the required notice, a two-third (2/3rd) majority vote of the Commissioners shall be required for such action.

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Article IXDissolution of the Commission

The Compact shall dissolve effective upon the date of the withdrawal or the termination by default of a Party State, which reduces membership in the Compact to one Party State as provided by the Compact.

Upon dissolution, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be concluded in an orderly manner and according to applicable law.

Article XAffiliation with National Council State Boards of Nursing

The Commission shall be affiliated with and supported by the National Council of State Boards of Nursing, Inc. (NCSBN). The Commission shall negotiate payment for secretariat services by the NCSBN. Payment for the secretariatservices shall be made from the funds collected by NCSBN on behalf of the Commission. Funds contributed by Party States shall be held by NCSBN and disbursed for the benefit of the Commission as decided by the Commission.

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Updated 1/2020

2019-2020 NLC Committee Roster

1. Executive CommitteeChair: Kim Glazier (OK)

CHARGES

1. Administer the affairs of the Commission in a manner consistent with the Bylaws and purpose ofthe Commission;

2. Propose budgets, provide fiscal oversight and provide for an annual fiscal review;3. Propose policies and procedures for consideration by the Commission;4. Contract for services and monitor contract compliance;5. Monitor and enforce member compliance with the Compact;6. Propose standing and ad hoc committees.7. Approve and maintain its minutes;8. Complete assigned responsibilities identified in the strategic plan.9. Perform such other functions as are necessary or appropriate to effect the purpose of the

Commission between meetings of the Commissioners.

1. Kim Glazier, RN, MEd Chair Term Expires:September 30, 2021

Executive Director

Oklahoma

2. Stacey Pfenning, DNP, APRN, FNP, FAANP Vice-Chair Term Expires: September 30, 2020

Executive Director

North Dakota

3. Ann Oertwich, PhD, MSN, RN Treasurer Term Expires: September 30, 2020

Executive Director

Nebraska

4. Joe Baker, Jr. Member at Large Term Expires: September 30, 2021

Executive Director

Florida

5. Phyllis Polk Johnson, MSN, RN, FNP-BC Member at Large Term Expires: September 30, 2020

Executive Director

Mississippi

6. Joey Ridenour, RN MN FAAN Member at Large Term Expires: September 30, 2020

Executive Director

Arizona

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2. Rules CommitteeCo-Chairs: Joey Ridenour (AZ), Brett Thompson May (MS)

CHARGES:A rules committee shall be established as a standing committee to develop uniform CompactRules for consideration by the Commission and subsequent implementation by the states and toreview existing rules and recommend necessary changes to the Commission for consideration.

3. Training and Education CommitteeChair: Ann Oertwich (NE)Vice-Chair: Erin Matthies

CHARGES:1. Complete assigned responsibilities identified in the strategic plan.

1. Ann Oertwich PhD, MSN, RN Executive Director Nebraska

2. Erin Matthies Board Staff South Dakota

3. Tony Graham, CPM Board Staff North Carolina

4. Lisa Hastings Board Staff Wyoming

5. VACANT

6. Shan Montgomery, MBA Board Staff Mississippi

7. VACANT

8. VACANT

7. Pamela C. Zickafoose, EdD, MSN, RN, NE-BC, CNE. FRE

Member at Large Term Expires: September 30, 2021

Executive Director

Delaware

1. Joey Ridenour, RN, MN, FAAN Executive Director Arizona

2. Brett Thompson, JD Board Attorney Mississippi

3. Kim Esquibel, PhD, MSN, RN Executive Director Maine

4. VACANT

5. Michelle Mayhew, MSN, MBA/HCM, RN-BC Executive Director West Virginia - LPN

6. Carol Moody, RN, BSN, MS, NEA-BC Executive Director South Carolina

7. Stacey Pfenning, DNP, APRN, FNP, FAANP Executive Director North Dakota

8. Debbie McKinney, JD Board Attorney Oklahoma

9. Amy Fitzhugh, JD Board Attorney North Carolina 10. Rick Masters, JD Special Counsel

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4. Elections CommitteeCo-Chairs: Cynthia LaBonde (WY) and Sasha Poole (NM)

CHARGES

1. An Elections Committee shall be established as a standing committee to:

a. Inform the Commissioners on the responsibilities of the office;b. Encourage participation by the Commissioners in the elections process;c. Announce nominations deadlines and anticipated vacancies of the Executive

Committee of the Commission;d. Communicate with incumbents to determine if they wish to run for re-

election;e. Accept qualified nominees and prepare a slate of candidates for the election

of the officers or members at large of the Executive Committee;f. Present a list of candidates to the Commission including the terms of office

expiration dates; andg. Tally/verify the election results and report to the Commission.

1. Cynthia LaBonde, MN, RN Executive Director Wyoming

2. Sasha Poole, PhD, RN Executive Director New Mexico

5. Policy CommitteeChair: Pamela Zickafoose (DE)

CHARGES 1. A Policy Committee may be established to draft new policies and to review and

update existing policies at scheduled intervals.2. Complete assigned responsibilities identified in the strategic plan.

3. Draft policy related to utilization of comment field in the discipline tab

1. Pamela Zickafoose, EdD, MSN, RN, NE-BC, CNE, FRE

Executive Director Delaware

2. Adrian Guerrero Board Staff Kansas

3. Peggy Benson, MSN, MSHA, NE-BC

Executive Director Alabama

4. Joe Baker Jr. Executive Director Florida

5. Missy Poortenga, MHA, BSN, RN Executive Director Montana

6. Maggie Schwarck, MSN, RN Associate Director, Licensing Administration

Iowa

7. Karen Lyon, PhD, RN, ACNS, NEA Executive Director Louisiana RN

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6. Compliance CommitteeChair: VACANTVice Chair: VACANT

CHARGES

1. A Compliance Committee shall be established as a standing committee tomonitor a Party State’s compliance with the terms of the Compact and itsauthorized rules.

2. Complete assigned responsibilities identified in the strategic plan.

7. Research CommitteeChair: VACANTVice Chair: VACANT

CHARGE: 1. Complete assigned responsibilities as identified in the strategic plan, specifically

strategic Initiative IV, development of a comprehensive evaluation plan.

1. VACANT

2. VACANT

3. Melissa Hanson Board Staff North Dakota

4. Megan Hudson General Counsel Maine

5. Jim Cleghorn, MA Executive Director Georgia

6. Lori Scheidt, MBA-HCM Executive Director Missouri

7. Jackye Ward Board Staff Oklahoma

8. Kathy Weinberg, RN, MSN Executive Director Iowa

1. VACANT

2. VACANT

3. VACANT

4. VACANT

5. VACANT

6. VACANT

7. VACANT

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Updated 8/1/19

Interstate Commission of Nurse Licensure Compact Administrators

Alabama Board of NursingPeggy Benson

Arizona State Board of Nursing Joey Ridenour *

Arkansas State Board of Nursing Sue Tedford

Colorado Board of Nursing Lori Bratton

Delaware Board of Nursing Pamela C. Zickafoose *

Florida Board of Nursing Joe Baker, Jr. *

Georgia State Board of Nursing Jim Cleghorn

Idaho Board of Nursing Russ Barron

Indiana State Board of NursingToni Herron

Iowa Board of Nursing Kathy Weinberg

Kansas Board of Nursing Carol Moreland

Kentucky Board of Nursing Jessica Estes

Louisiana State Board of Nursing for Registered Professional Nurses Karen Lyon

Maine State Board of Nursing Kim Esquibel

Maryland Board of Nursing Karen EB Evans

Mississippi Board of Nursing Phyllis Johnson*

Missouri Board of Nursing Lori Scheidt

Montana Board of Nursing Missy Poortenga

Nebraska Board of Nursing Ann Oertwich *

New Hampshire Board of Nursing Bonnie Crumley Aybar

New Jersey Board of NursingJoanne Leone

New Mexico Board of Nursing Sasha N. Poole

North Carolina Board of Nursing Julia George

North Dakota Board of Nursing Stacey Pfenning*

Oklahoma Board of Nursing Kimberly Glazier*

South Carolina Board of Nursing Carol Moody

South Dakota Board of Nursing Gloria Damgaard

Tennessee State Board of Nursing Libby Lund

Texas Board of NursingKatherine Thomas

Utah State Board of Nursing Jeff Busjahn

Virginia Board of Nursing Jay P. Douglas

West Virginia Board of Examiners for Registered Professional Nurses Sue Painter

West Virginia State Board of Examiners for Licensed Practical Nurses Michelle Mayhew

Wisconsin Board of Nursing Peter Kallio

Wyoming State Board of Nursing Cynthia LaBonde

Names with an * indicate a current member of the eNLC Commission Executive Committee.

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Training andEducation

Committee

OperationsCommittee

InterstateCommission of NurseLicensure Compact

Administrators

Director, NLC

Sr. Coordinator,NLC

ExecutiveCommittee

SpecialCounsel

StandingCommittees

ElectionsCommittee

ComplianceCommittee

The Interstate Commission of Nurse Licensure Compact Administrators is a quasi-governmentaljoint public agency of the party states.

ICNLCA staff and services are provided via a memorandum of understanding with NCSBN.

Organizational Chart

Rules Committee

SpecialCommittees

Date Updated: 3/12/2019

PolicyCommittee

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Legal Frequently Asked Questions (FAQs)

Edited 3.25.19; Approved 7.9.19; Edited 11.20.19; Edited 12.10.19; Approved 1.7.20

1. What is an agreed disposition?An agreed disposition may involve either a felony or misdemeanor offense and is any outcomeof terms in a criminal case between the government and the defendant to a final resolutionrequiring court approval and execution, the satisfaction of which bars further prosecution.Approved 7.9.19

2. Will every agreed disposition that involves a felony offense prevent an applicant fromobtaining a multistate license?Yes.Approved 7.9.19

3. Will every agreed disposition that involves a misdemeanor offense prevent an applicant fromobtaining a multistate license?No. Only misdemeanor offenses resolved through an agreed disposition that are related to thepractice of nursing prevent an applicant from obtaining a multistate license.Approved 7.9.19

4. If a conviction has been pardoned, is this outcome considered to be a conviction?It depends. Individual state laws will determine the nature of a pardon and whether it hasresulted in the elimination of a conviction, which could vary from state to state.Approved 7.9.19

5. If a conviction has been expunged, do we still consider it a conviction?No, a conviction that has been expunged legally no longer exists.Approved 7.9.19

6. Should the applicant disclose the historic fact to avoid the risk of being charged with filing afalse or misleading application?It depends. This will vary from state to state.Approved 7.9.19

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7. If a conviction has been sealed, do we still consider it a conviction?It depends. This will vary from state to state.Approved 7.9.19

8. If someone has entered a plea of guilty, nolo contendere (no contest) to an agreed dispositionfor any felony offense, is this considered a disqualifier for a multistate license?Yes. An agreed disposition, whether entered into by guilty plea, no contest plea, stipulation orany other negotiated settlement is a disqualifier for a multistate license.Approved 7.9.19

9. If someone has entered a plea of guilty, nolo contendere (no contest) to an agreed dispositionfor any misdemeanor related to the practice of nursing is this considered a disqualifier for amultistate license?Yes. An agreed disposition, that relates to the practice of nursing prevents an applicant fromobtaining a multistate license.Approved 7.9.19

10. Is an additional CBC required from a licensee who completes the terms of discipline, and seeksreinstatement of the multistate license?No, the NLC does not require a CBC in this situation. Requiring a CBC in this situation iscontingent on a state’s statutory authority.Approved 1.7.20

11. After an applicant for a nursing license completes the terms of felony agreed disposition,when is the applicant eligible to be considered to receive a multistate license?The applicant is not eligible for a MSL unless the felony is expunged or unless sealing in yourstate has the same effect as expungement.Approved 1.7.20

12. If a nurse faced felony charges resolved later after a plea to a misdemeanor, is the offensetreated as a felony or as a misdemeanor?A Misdemeanor. If the matter concluded with an agreed disposition and the misdemeanorrelated to the practice of nursing, the disposition would disqualify the candidate from receivingor holding a multistate licensure.Approved 7.9.19

13. If the charge was nolle prosequi (will not prosecute) by the DA, do we go by the dis missal orthe original charge?The dismissal of charges, including after the entry of a nolle prosequi should be treated as if thecharge(s) is not an agreed disposition. Unless later charges were filed, the dismissal of chargescannot be a disqualifier to a multistate license.Approved 7.9.19

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14. How does the compact affect VA and other federal employees? (Example: WV nurse has asingle state license in WV or has no license in WV, but is working in a federal facility andpracticing in KY and the PSOR is WV. Can the nurse be required to obtain a WV multistatelicense?)No. The nurse cannot be required to obtain a multistate in the home state. Due to the effect ofthe federal supremacy clause, a VA or other federal employee is only required to hold a singlestate license.Approved 7.9.19

15. If a license or privilege to practice is suspended or restricted for a social violation such as non -payment of child support, taxes, or student loans, is it considered an encumbrance, as definedin statute?It depends on the laws of each state.Approved 7.9.19

16. While participating in an alternative to discipline program, whether voluntary or involuntary(i.e. disciplinary), can a nurse obtain/maintain a multistate license?No, per article III c 9 of the compact.Approved 7.9.19

17. Because military offenses are not always labeled felony or misdemeanor, how do the UniformLicensure Requirements apply?Generally, a conviction of any of the offenses at a General Court-Martial is considered a federalfelony conviction. In contrast, a conviction of any of the offenses at a Special Court-Martial isconsidered a federal misdemeanor conviction.

This information can be found in a document referred to as the Record of Trial (See 10 U.S.C. § 854). Approved 7.9.19

18. Should ULR Article III c 2 ii, be interpreted as requiring a new Credentials Evaluation reportdone by an independent credentials review agency for each endorsement applicant?No. The board can utilize a Credentials Evaluation report previously accepted by another stateboard.Approved 1.7.20

19. Must a compact state consider adverse actions taken in both compact and non -compact stateswhen making a determination to issue a multistate license?Yes. (See article IV a)Approved 1.7.20

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20. Is a voluntary surrender of a license considered an encumbrance and therefore a disqualifierto a multistate license?It depends on whether:

• The BON requested to the licensee to surrender the license• Licensee surrendered in exchange for the BON to cease an investigation• Licensee surrendered in exchange for the BON to not conduct an investigation• Licensee surrendered in exchange for the BON to not order further disciplinary action

In these types of cases, the voluntary surrender is reportable. Approved 1.7.20

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ICNLCAPolicy & Procedure Manual

Revised: January 7, 2020

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TABLE OF CONTENTS

SECTION I: ADMINISTRATION1.1 ICNLCA Election of Officers1.2 Advisory Opinions1.3 Access to Legal Counsel1.4 Reserve Fund

SECTION II: IMPLEMENTATION

SECTION III: LICENSURE

SECTION IV: NURSYS4.1 Privilege to Practice Discipline Reporting Exceptions

SECTION V: DISCIPLINE5.1 Misdemeanors Related to the Practice of Nursing

SECTION VI: COMPLIANCE6.1 Collection of Annual Assessment

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POLICY NUMBER: 1.1

AREA: Administration

AUTHORITY: Article VII c 4; Bylaws: Article III section 2

TOPIC: Election of Officers

PURPOSE: Deciding tied election by lot

DATE APPROVED: 8.20.19

DATE REVISED:

POLICY:If two or more Commissioners receive an equal and highest number of votes cast for the same office, the Elections Committee will coordinate with the NLC Director for lots to be drawn to determine which Commissioner is elected to the office.

PROCEDURE:

1. The nominee names shall be written on identically sized pieces of paper which are then folded over two times.

2. The NLC Director, along with at least one other NLC or NCSBN staff member serving as a witness, will place the names of the nominee Commissioners subject to the tied vote in a bag.

3. The staff member witnessing the placement of the names will ensure the pieces of paper are shuffled.

4. The Director will then turn away from the bag and select one piece of paper.

5. The Director and staff member will then record the name of the Commissioner who has been selected, affix the piece of paper with the Commissioner’s name on it to the documented sheet of paper, and notify the Elections Committee of the outcome.

6. This process shall also be video recorded by a third NLC or NCSBN staff member. The video footage of the process shall be provided to the Elections Committee.

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POLICY NUMBER: 1.2

AREA: Administration

AUTHORITY: Article VII g 15

TOPIC: Advisory Opinions

PURPOSE: To clarify the process for establishing advisory opinions.

DATE APPROVED: 1.7.20

DATE REVISED:

POLICY:

The NLC Commission may publish formal advisory opinions that provide guidance and assist in the

interpretation of the laws and rules.

PROCEDURE:

1. States may submit a written request for clarification of interpretation of the law and rules of the NLC to the NLC Director.

2. The Director submits the request for clarification to the NLC Executive Committee; The Executive Committee may direct legal counsel to draft an advisory opinion.

3. Proposed advisory opinions approved by the Executive Committee shall be issued in writing by the legal counsel, Director, or Executive Committee to the Commission.

4. Advisory opinions are subject to final adoption by the Commission.

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POLICY NUMBER: 1.3

AREA: Administration

AUTHORITY: Article VII c

TOPIC: Access to Legal Counsel

PURPOSE: To develop a procedure for access to legal counsel.

DATE APPROVED: 1.7.20

DATE REVISED:

POLICY:

1. Commissioners and all other persons engaged in the business of the Compact shall access the Legal Counsel of the Commission through the NLC Director. Access includes requesting a legal opinion or assistance from the Commission’s Legal Counsel.

2. The Legal Counsel for the Commission shall not respond to requests for legal opinions or assistance without the prior approval of the NLC Director, Executive Committee, or the Commission.

PROCEDURE:

Commissioners and all other persons may request a legal opinion or assistance of the Legal Counsel for the Commission by submitting their request in writing or by email to the NLC Director, who will coordinate responses to such requests in conjunction with the Executive Committee, as appropriate.

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POLICY NUMBER: 1.4

AREA: Administration

AUTHORITY: Article VII (g) 10 and Article VII (h)

TOPIC: Reserve Fund

PURPOSE: To provide an adequate source of operating funds and facilitate financial flexibility for the NLC.

DATE APPROVED: 1.7.20

DATE REVISED:

POLICY:

The NLC reserve fund provides an adequate source of operating funds to sustain financial operations in the unanticipated event of significant unbudgeted increases in operating expenses and or losses in operating revenues. In addition, the reserve fund facilitates a higher level of financial flexibility for planned, strategic program development without compromising core program delivery to the NLC Commission.

PROCEDURE:

1. Under the guidance of the NCSBN CFO, reserve funds shall be invested in collaboration with the NLC Director, Executive Committee, and NLC Commission in accordance with the investment practices of the National Council of State Boards ofNursing.

2. Surplus funds at the end of each fiscal year shall be designated as operating reserves to satisfyone year of operating expenses at a minimum.

3. The Executive Committee shall review and annually assess the adequacy of reserves as they relate to current and long-range spending plans.

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POLICY NUMBER: 4.1

AREA: Nursys

AUTHORITY: Article V(a)(1)(i); Article VI (a-c)

TOPIC: Privilege to Practice Discipline Reporting Exceptions

PURPOSE: To ensure that remote state is able to enter a PTP discipline in a timely manner and meet

Nursys and National Practitioner Data Bank (NPDB) compliance timeline.

DATE APPROVED: 1.7.20

DATE REVISED:

POLICY:

In the event the license status prohibits the remote state from entering a PTP discipline in Nursys, the Nursys Administrator shall take temporary technical actions to allow the remote state to report PTP discipline in Nursys in compliance with NPDB reporting guidelines.

PROCEDURE:

1. Remote party state will contact Nursys Administrator via secure Nursys speed memo and request technical assistance to enter PTP discipline in Nursys.

2. The Nursys administrator will work with the remote state to ensure proper reporting of PTP discipline.

3. The Nursys administrator will notify the home state of the remote state PTP discipline on their licensee.

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POLICY NUMBER: 5.1

AREA: DISCIPLINE

AUTHORITY: Art I (a)(1-2, 6), Art I(b)(1), Art III(c)8, Art III (e)

TOPIC: Misdemeanors Related to the Practice of Nursing

PURPOSE: To provide guidance regarding clarification of misdemeanors related to the practice of nursing

DATE APPROVED: 1.7.20

DATE REVISED:

POLICY:

This policy aims to assist states in the case by case consideration of misdemeanors related to the

practice of nursing.

PROCEDURE:

The state vetting the applicant for multistate license must consider misdemeanors and how the

violation may be related to the practice of nursing. The following factors may be used as guidance:

1. The nature and seriousness of the misdemeanor offense as it relates to the practice of nursing;

2. The extent to which a license offers an opportunity to engage in further criminal activity of the same type as that in which the applicant or licensee previously had been involved;

3. The relationship of the misdemeanor offense to the ability or capacity required to perform the duties and discharge the responsibilities of a nurse; and

4. A correlation between the misdemeanor offense and the specific duties and responsibilities of a nurse.

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POLICY NUMBER: 6.1

AREA: Compliance

AUTHORITY: Article VII, (h) (2); Article IX (d); Rule 501; Rule 503

TOPIC: Annual Assessment

PURPOSE: Collection of the Annual Assessment

DATE APPROVED: 8.20.19

DATE REVISED:

POLICY: Party states are responsible for paying an annual assessment.

PROCEDURE:

The following is the procedure for the collection of the annual assessment:

1. The Commission staff will send to all party states an invoice for the annual assessment by May 30th of each year.

2. Each party state will be responsible for payment of the annual assessment by October 1st

of each year.

3. If the annual assessment has not been paid by the above deadline, the Commission staff will send a reminder notification to the party state.

4. An annual assessment that has not been paid by January 1st will be considered delinquent and the Executive Committee, through the Director, will send a written statement to the Commissioner in the party state.

5. Continued non-payment will result in referral of the matter to the Commission with a recommendation to pursue enforcement action.

*Party States shall not be invoiced for the annual assessment until the next billing cycle following implementation.

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FY2020 Meeting Schedule Date Time Type Primary Audience

Commission MeetingsTues, August 20, 2019 9:00 am Central Annual Meeting

Face to FaceAll Commissioners

Tues, October 8, 2019 2:00 pm Central Teleconference All Commissioners

Tues, January 7, 2020 2:00 pm Central Teleconference All Commissioners

Tues, March 3, 2020 9:00 am local time

Midyear Meeting Face to Face

All Commissioners

Tues, June 9, 2020 2:00 pm Central Teleconference All Commissioners Tues, August 11, 2020 9:00 am Central Annual Meeting

Face to Face All Commissioners

Executive Committee MeetingsSeptember 4-5, 2019 9:00 am local

time Face to Face Commission Executive Committee

December 9-10, 2019 9:00 am local time Face to Face Commission Executive CommitteeFebruary 4, 2020 2:00 pm Central Teleconference Commission Executive Committee

April 28-29, 2020 9:00 am local time Face to Face Commission Executive Committee

July 7, 2020 2:00 pm Central Teleconference Commission Executive Committee

September 2-3, 2020 9:00 am local time Face to Face Commission Executive Committee

December 14-15 or 16-17, 2020

9:00 am local time Face to Face Commission Executive Committee