House of Representatives

SB 1321

nursing regulation; mutual recognition compact

Sponsors: Senator Gerard and Representative Binder

 

DP

Committee on Health

DP

Caucus and COW

 

X

As Transmitted to the Governor

 

SB 1321 allows for a mutual recognition compact for nurses in Arizona between participating states.

 

History

The National Council of State Boards for Nursing defines mutual recognition models as a way to allow a nurse to have one license and practice in other states, as long as that individual acknowledges he or she is subject to each state's practice laws and discipline.  To achieve mutual recognition, each state must enter into an interstate compact to allow nurses to practice in more than one state.  One state then becomes a nurse's "home state" and the others become "party states."  The "home state" is where the original license is granted, and maintains the full authority to take action against a licensee.  The "party state" is any other state also in the interstate compact, and may at any time take an action against the licensee's multi-state privilege in that state.  According to the Council, the multi-state license concept will improve tracking for disciplinary purposes and promote cost-effectiveness. 

 

All states involved in the compact will maintain their authority in determining disciplinary actions and licensing requirements for the nurses for which they are the "home state".  According to the model, any disciplinary action taken against a nurse's license in the party state would then be forwarded via the Coordinated Licensure Information System to the home state, where the allegation would be investigated and further action might be taken against the nurse. 

 

According to the NCSBN, as of January 26, 2001, 12 states adopted the interstate nurse licensure compact.  These states include Arkansas, Delaware, Iowa, Maine, Maryland, Mississippi, Nebraska, North Carolina, South Dakota, Texas, Utah and Wisconsin.  The strike everything amendment to S.B. 1321 allows Arizona to achieve mutual recognition by codifying the interstate compact.

 

Provisions

·                      States the findings and declaration of purpose for the nursing licensure compact.

·                      Defines terms used in statute.

·                      Stipulates that each party state shall recognize the multi-state licensing privilege for registered nurses and practical/vocational nurses. Applicants must meet the qualifications of their home state for licensure and license renewal.

·                      Provides the authority to party states to take disciplinary action against a licensee with a multi-state licensure privilege.  Require that disciplinary actions are reported to the Coordinated Licensure Information System (CLIS) and the home state is notified after the action has been reported.

·                      Requires that nurses practicing in a party state must comply with the laws of that state. 

·                      Provides that the compact does not affect additional requirements for licensure for advanced practice registered nursing unless this is a requirement for nursing registration.  If a party state requires the advanced registration as condition for nursing registration, the state shall waive that requirement for multi-state licensees.

·                      Specifies that a party state license will not be recognized by another state unless that state agrees to recognize it.

·                      Requires the party state to review the disciplinary history of any new applicant for licensure through the CLIS.   Stipulates that a nurse shall hold licensure in only one party state at a time.

·                      Establishes requirements for a nurse when transferring between party states, non-party states and home states.

·                      Requires the remote state (party state that is not the home state) to report any disciplinary actions taken against licensee to the CLIS.  Allows the party state’s licensing board to complete any investigation if the licensee changes primary state of residence.

·                      Allows the remote state to take action against the multi-state license.  Only the home state is able to take action against the license issued in the home state.  The home state may also take action based upon the action of a remote state.

·                      Establishes provisions for home states to conduct investigations and adopt rules.

·                      Requires party states to report and utilize the CLIS.  Creates provisions for reporting and use of the CLIS.

·                      Provides immunity to party states, officers, employees and agents who follow the compact in good faith.

·                      Establishes provisions for amendments, severability, notification, jurisdiction and liability for states in the compact.

·                      Allows the Governor to withdraw the state from the compact if the board notifies the governor that a another party state has changed its licensure requirements. 

·                      Make the act effective June 30, 2002.

 

 

 

 

 

 

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44th Legislature                                                                                                                                   

Second Regular Session                                   3                                                               April 4, 2001

 

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