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S.B. 26 Enrolled
AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; AMENDING THE NURSE
LICENSURE COMPACT REGARDING PARTY STATE AUTHORITY TO TAKE ACTION
AGAINST A NURSE'S AUTHORIZATION TO PRACTICE; CLARIFYING WHAT IS
ACCEPTABLE PARTY STATE LICENSING BOARD USE OF INFORMATION OBTAINED
FROM THE COORDINATED LICENSURE INFORMATION SYSTEM; CLARIFYING
EXPUNGEMENT REQUIREMENTS; CLARIFYING INTERSTATE PRACTICE
RESTRICTIONS WHEN A LICENSE IS SUBJECT TO DISCIPLINARY ACTION ON THE
EFFECTIVE DATE OF THE NURSE LICENSURE COMPACT; AND PROVIDING AN
EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
58-31b-401, as enacted by Chapter 288, Laws of Utah 1998
58-31c-102 (Effective 01/01/00), as enacted by Chapter 189, Laws of Utah 1998
ENACTS:
58-31c-103, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 58-31b-401 is amended to read:
58-31b-401. Grounds for denial of licensure and disciplinary proceedings.
(1) Grounds for refusal to issue a license to an applicant, for refusal to renew the license
of a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to issue
a public or private reprimand to a licensee, and to issue cease and desist orders shall be in
accordance with Section 58-1-401 .
(2) (a) If a court of competent jurisdiction determines that a nurse is an "incapacitated
person" as defined in Section 75-1-201 , the director shall suspend the license of the nurse upon
entry of the judgment, regardless of the pendency of an appeal.
(b) If it appears to the board that there is reasonable cause to believe that a nurse, even
though the nurse has not been judicially determined to be incompetent, mentally incompetent, or
incapable, is unable to practice nursing with reasonable skill and safety to patients because of illness,
drunkenness, excessive use of drugs, narcotics, chemical, or any other type of material, or as a result
of any mental or physical condition, a complaint in the name of the board shall be served upon the
nurse for hearing on the sole issue of the capacity of the nurse to conduct properly the practice of
nursing.
(c) (i) Failure of a nurse to submit to a mental or physical examination within 30 days when
directed by the board in connection with a hearing instituted under Subsection (2)(b) constitutes
grounds for immediate suspension of the nurse's license, unless the failure was due to circumstances
beyond the control of the nurse.
(ii) A licensee who submits to an examination under this Subsection (2) waives all
objections to the admissibility of an examining physician's testimony or examination report on the
ground that they constitute a privileged communication.
(iii) The director may enter an order of suspension of the license without the taking of
testimony or the presentation of evidence upon a finding of reasonable cause to believe that an order
of suspension is necessary to protect the public health, safety, or welfare, if a hearing is scheduled
to occur within 30 days of the order of suspension.
(d) A nurse whose license is suspended under Subsection (2) shall, at reasonable intervals
defined by rule, be afforded the opportunity to demonstrate that the nurse can resume the competent
practice of nursing with reasonable skill and safety to patients.
(3) Nothing in Section 63-2-206 may be construed as limiting the authority of the division
to report current significant investigative information to the coordinated licensure information
system for transmission to party states as required of the division by Article VII of the Nurse
Licensure Compact in Section 58-31c-102 .
Section 2. Section 58-31c-102 (Effective 01/01/00) is amended to read:
58-31c-102 (Effective 01/01/00). Nurse Licensure Compact.
The Nurse Licensure Compact is hereby enacted and entered into with all other jurisdictions
that legally join in the compact, which is, in form, substantially as follows:
(1) The party states find that:
(a) the health and safety of the public are affected by the degree of compliance with and the
effectiveness of enforcement activities related to state nurse licensure laws;
(b) violations of nurse licensure and other laws regulating the practice of nursing may result
in injury or harm to the public;
(c) the expanded mobility of nurses and the use of advanced communication technologies
as part of our nation's health care delivery system require greater coordination and cooperation
among states in the areas of nurse licensure and regulation;
(d) new practice modalities and technology make compliance with individual state nurse
licensure laws difficult and complex; and
(e) the current system of duplicative licensure for nurses practicing in multiple states is
cumbersome and redundant to both nurses and states.
(2) The general purposes of this compact are to:
(a) facilitate the states' responsibility to protect the public's health and safety;
(b) ensure and encourage the cooperation of party states in the areas of nurse licensure and
regulation;
(c) facilitate the exchange of information between party states in the areas of nurse
regulation, investigation, and adverse actions;
(d) promote compliance with the laws governing the practice of nursing in each jurisdiction;
and
(e) invest all party states with the authority to hold a nurse accountable for meeting all state
practice laws in the state in which the patient is located at the time care is rendered through the
mutual recognition of party state licenses.
As used in this compact:
(1) "Adverse action" means a home or remote state action.
(2) "Alternative program" means a voluntary, non-disciplinary monitoring program approved
by a nurse licensing board.
(3) "Coordinated licensure information system" means an integrated process for collecting,
storing, and sharing information on nurse licensure and enforcement activities related to nurse
licensure laws, which is administered by a non-profit organization composed of and controlled by
state nurse licensing boards.
(4) "Current significant investigative information" means:
(a) investigative information that a licensing board, after a preliminary inquiry that includes
notification and an opportunity for the nurse to respond if required by state law, has reason to believe
is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) investigative information that indicates that the nurse represents an immediate threat to
public health and safety regardless of whether the nurse has been notified and had an opportunity to
respond.
[
[
permitted by the home state's laws which are imposed on a nurse by the home state's licensing board
or other authority including actions against an individual's license such as: revocation, suspension,
probation, or any other action which affects a nurse's authorization to practice.
[
nurse licenses.
[
permitting the practice of nursing as either a registered nurse or a licensed practical/vocational nurse
in such party state. All party states have the authority, in accordance with existing state due process
law, to take actions against the nurse's privilege such as: revocation, suspension, probation, or any
other action which affects a nurse's authorization to practice.
[
terms are defined by each party's state practice laws.
[
[
(a) where the patient is located at the time nursing care is provided; or
(b) in the case of the practice of nursing not involving a patient, in such party state where
the recipient of nursing practice is located.
[
(a) any administrative, civil, equitable, or criminal action permitted by a remote state's laws
which are imposed on a nurse by the remote state's licensing board or other authority including
actions against an individual's multistate licensure privilege to practice in the remote state; and
(b) cease and desist and other injunctive or equitable orders issued by remote states or the
licensing boards thereof.
[
of Columbia, or the Commonwealth of Puerto Rico.
[
that govern the practice of nursing, define the scope of nursing practice, and create the methods and
grounds for imposing discipline. "State practice laws" does not include the initial qualifications for
licensure or requirements necessary to obtain and retain a license, except for qualifications or
requirements of the home state.
(1) A license to practice registered nursing issued by a home state to a resident in that state
will be recognized by each party state as authorizing a multistate licensure privilege to practice as
a registered nurse in such party state. A license to practice licensed practical/vocational nursing
issued by a home state to a resident in that state will be recognized by each party state as authorizing
a multistate licensure privilege to practice as a licensed practical/vocational nurse in such party state.
In order to obtain or retain a license, an applicant must meet the home state's qualifications for
licensure and license renewal as well as all other applicable state laws.
(2) Party states, in accordance with state due process laws, may limit or revoke the multistate
licensure privilege of any nurse to practice in their state and may take any other [
under their applicable state laws necessary to protect the health and safety of their citizens. If a party
state takes such action, it shall promptly notify the administrator of the coordinated licensure
information system. The administrator of the coordinated licensure information system shall
promptly notify the home state of any such actions by remote states.
(3) Every nurse practicing in a party state must comply with the state practice laws of the
state in which the patient is located at the time care is rendered. In addition, the practice of nursing
is not limited to patient care, but shall include all nursing practice as defined by the state practice
laws of a party state. The practice of nursing will subject a nurse to the jurisdiction of the nurse
licensing board and the courts, as well as the laws, in that party state.
(4) This compact does not affect additional requirements imposed by states for advanced
practice registered nursing. However, a multistate licensure privilege to practice registered nursing
granted by a party state shall be recognized by other party states as a license to practice registered
nursing if one is required by state law as a precondition for qualifying for advanced practice
registered nurse authorization.
(5) Individuals not residing in a party state shall continue to be able to apply for nurse
licensure as provided for under the laws of each party state. However, the license granted to these
individuals will not be recognized as granting the privilege to practice nursing in any other party state
unless explicitly agreed to by that party state.
(1) Upon application for a license, the licensing board in a party state shall ascertain, through
the coordinated licensure information system, whether the applicant has ever held, or is the holder
of, a license issued by any other party state, whether there are any restrictions on the multistate
licensure privilege, and whether any other adverse action by any state has been taken against the
license.
(2) A nurse in a party state shall hold licensure in only one party state at a time, issued by
the home state.
(3) A nurse who intends to change primary state of residence may apply for licensure in the
new home state in advance of such change. However, new licenses will not be issued by a party state
until after a nurse provides evidence of change in primary state of residence satisfactory to the new
home state's licensing board.
(4) When a nurse changes primary state of residence by:
(a) moving between two party states, and obtains a license from the new home state, the
license from the former home state is no longer valid;
(b) moving from a non-party state to a party state, and obtains a license from the new home
state, the individual state license issued by the non-party state is not affected and will remain in full
force if so provided by the laws of the non-party state;
(c) moving from a party state to a non-party state, the license issued by the prior home state
converts to an individual state license, valid only in the former home state, without the multistate
licensure privilege to practice in other party states.
In addition to the General Provisions described in Article III, the following provisions apply:
(1) The licensing board of a remote state shall promptly report to the administrator of the
coordinated licensure information system any remote state actions including the factual and legal
basis for such action, if known. The licensing board of a remote state shall also promptly report any
significant current investigative information yet to result in a remote state action. The administrator
of the coordinated licensure information system shall promptly notify the home state of any such
reports.
(2) The licensing board of a party state shall have the authority to complete any pending
investigations for a nurse who changes primary state of residence during the course of such
investigations. It shall also have the authority to take appropriate action(s), and shall promptly report
the conclusions of such investigations to the administrator of the coordinated licensure information
system. The administrator of the coordinated licensure information system shall promptly notify the
new home state of any such actions.
(3) A remote state may take adverse action affecting the multistate licensure privilege to
practice within that party state. However, only the home state shall have the power to impose
adverse action against the license issued by the home state.
(4) For purposes of imposing adverse action, the licensing board of the home state shall give
the same priority and effect to reported conduct received from a remote state as it would if such
conduct had occurred within the home state. In so doing, it shall apply its own state laws to
determine appropriate action.
(5) The home state may take adverse action based on the factual findings of the remote state,
so long as each state follows its own procedures for imposing such adverse action.
(6) Nothing in this compact shall override a party state's decision that participation in an
alternative program may be used in lieu of licensure action and that such participation shall remain
non-public if required by the party state's laws. Party states must require nurses who enter any
alternative programs to agree not to practice in any other party state during the term of the alternative
program without prior authorization from such other party state.
Notwithstanding any other powers, party state nurse licensing boards shall have the authority
to:
(1) if otherwise permitted by state law, recover from the affected nurse the costs of
investigations and disposition of cases resulting from any adverse action taken against that nurse;
(2) issue subpoenas for both hearings and investigations which require the attendance and
testimony of witnesses and the production of evidence. Subpoenas issued by a nurse licensing board
in a party state for the attendance and testimony of witnesses, and/or the production of evidence from
another party state, shall be enforced in the latter state by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to subpoenas issued in proceedings
pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and
other fees required by the service statutes of the state where the witnesses and/or evidence are
located;
(3) issue cease and desist orders to limit or revoke a nurse's authority to practice in their
state; and
(4) promulgate uniform rules and regulations as provided for in Article VIII(3).
(1) All party states shall participate in a cooperative effort to create a coordinated data base
of all licensed registered nurses and licensed practical/vocational nurses. This system will include
information on the licensure and disciplinary history of each nurse, as contributed by party states,
to assist in the coordination of nurse licensure and enforcement efforts.
(2) Notwithstanding any other provision of law, all party [
shall promptly report adverse actions, [
privileges, any current significant investigative information yet to result in adverse action, denials
of applications, and the reasons for such denials, to the coordinated licensure information system.
(3) Current significant investigative information shall be transmitted through the coordinated
licensure information system only to party 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.
(5) Any personally identifiable information obtained by a party states' licensing board from
the coordinated licensure information system may 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.
(6) Any information contributed to the coordinated licensure information system that is
subsequently required to be expunged by the laws of the party state contributing that information,
shall also be expunged from the coordinated licensure information system.
[
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.
(1) The head of the nurse licensing board, or his/her designee, of each party state shall be
the administrator of this compact for his/her state.
(2) The compact administrator of each party state shall furnish to the compact administrator
of each other party state any information and documents including, but not limited to, a uniform data
set of investigations, identifying information, licensure data, and disclosable alternative program
participation information to facilitate the administration of this compact.
(3) Compact administrators shall have the authority to develop uniform rules to facilitate and
coordinate implementation of this compact. These uniform rules shall be adopted by party states
under the authority invested under Article VI(4).
No party state or the officers or employees or agents of a party state's nurse licensing board[
of any act or omission in good faith while engaged in the performance of their duties under this
compact. Good faith in this article shall not include willful misconduct, gross negligence, or
recklessness.
(1) This compact shall enter into force and become effective as to any state when it has been
enacted into the laws of that state. Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect until six months after the
withdrawing state has given notice of the withdrawal to the executive heads of all other party states.
(2) No withdrawal shall affect the validity or applicability by the licensing boards of states
remaining party to the compact of any report of adverse action occurring prior to the withdrawal.
(3) Nothing contained in this compact shall be construed to invalidate or prevent any nurse
licensure agreement or other cooperative arrangement between a party state and a non-party state that
is made in accordance with the other provisions of this compact.
(4) This compact may be amended by the party states. No amendment to this compact shall
become effective and binding upon the party states unless and until it is enacted into the laws of all
party states.
(1) This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any party state or of the United States or the
applicability thereof to any government, agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any government, agency, person,
or circumstance shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the party state affected as to a severable
matter.
(2) In the event party states find a need for settling disputes arising under this compact:
(a) the party states may submit the issues in dispute to an arbitration panel which will be
comprised of an individual appointed by the compact administrator in the home state; an individual
appointed by the compact administrator in the remote state(s) involved; and an individual mutually
agreed upon by the compact administrators of all the party states involved in the dispute; and
(b) the decision of a majority of the arbitrators shall be final and binding.
Section 3. Section 58-31c-103 is enacted to read:
58-31c-103. Pending disciplinary actions.
(1) Notwithstanding Sections 58-31b-308 and 58-31c-102 , a nurse licensed by a party state
whose license is in any way restricted or otherwise subject to disciplinary action on January 1, 2000,
or the date on which the nurse's home state adopts the Nurse Licensure Compact, may not practice
as a registered nurse in this state without the express permission of the division in consultation with
the Board of Nursing created in Section 58-31b-201 .
(2) Notwithstanding Section 58-31c-102 , unprofessional conduct under Section 58-31b-502
includes practicing in a party state without first obtaining the express permission of that state if the
nurse's license issued under Section 58-31b-301 is in anyway restricted or otherwise subject to
disciplinary action on January 1, 2000.
Section 4. Effective date.
Sections 58-31c-102 and 58-31c-103 take effect January 1, 2000.
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