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S.B. 107 Enrolled

                 

ADVANCED PRACTICE REGISTERED NURSE

                 
MODIFICATIONS

                 
2004 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Peter C. Knudson

                 
                  LONG TITLE
                  General Description:
                      This bill enacts the Advanced Practice Registered Nurse Compact and makes
                  modifications to related provisions dealing with advanced practice registered nurses.
                  Highlighted Provisions:
                      This bill:
                      .    enacts a compact that ensures and encourages the cooperation of party states in the
                  areas of APRN licensure/authority to practice and regulation, including promotion of
                  uniform licensure requirements;
                      .    provides, under the compact, for the recognition, limitation, and revoking of
                  multistate advanced practice privileges;
                      .    provides an application process, under the compact, for APRN licensure/authority to
                  practice in a party state;
                      .    provides, under the compact, for adverse action affecting the multistate advanced
                  practice privilege;
                      .    grants authority to the Division of Occupational and Professional Licensing, under
                  the compact, to recover costs resulting from adverse actions taken against an APRN
                  and issue cease and desist orders;
                      .    provides, under the compact, for participation in a cooperative effort to create a
                  coordinated licensure information system of all APRNs; and
                      .    repeals licensure by endorsement as an advanced practice registered nurse.
                  Monies Appropriated in this Bill:
                      None


                  Other Special Clauses:
                      This bill takes effect on July 1, 2004.
                  Utah Code Sections Affected:
                  AMENDS:
                      58-31b-302, as last amended by Chapter 290, Laws of Utah 2002
                  ENACTS:
                      58-31d-101, Utah Code Annotated 1953
                      58-31d-102, Utah Code Annotated 1953
                      58-31d-103, Utah Code Annotated 1953
                  REPEALS:
                      58-31b-307, as enacted by Chapter 288, Laws of Utah 1998
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-31b-302 is amended to read:
                       58-31b-302. Qualifications for licensure or registration -- Criminal background
                  checks.
                      (1) An applicant for licensure as a licensed practical nurse shall:
                      (a) submit to the division an application in a form prescribed by the division;
                      (b) pay to the division a fee determined under Section 63-38-3.2 ;
                      (c) have a high school diploma or its equivalent;
                      (d) be in a condition of physical and mental health that will permit the applicant to
                  practice safely as a licensed practical nurse;
                      (e) have completed an approved practical nursing education program or an equivalent as
                  determined by the board;
                      (f) have passed the examinations as required by division rule made in collaboration with
                  the board; and
                      (g) meet with the board, if requested, to determine the applicant's qualifications for
                  licensure.

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                      (2) An applicant for licensure as a registered nurse shall:
                      (a) submit to the division an application form prescribed by the division;
                      (b) pay to the division a fee determined under Section 63-38-3.2 ;
                      (c) have a high school diploma or its equivalent;
                      (d) be in a condition of physical and mental health that will allow the applicant to practice
                  safely as a registered nurse;
                      (e) have completed an approved registered nursing education program;
                      (f) have passed the examinations as required by division rule made in collaboration with
                  the board; and
                      (g) meet with the board, if requested, to determine the applicant's qualifications for
                  licensure.
                      (3) Applicants for licensure as an advanced practice registered nurse shall:
                      (a) submit to the division an application on a form prescribed by the division;
                      (b) pay to the division a fee determined under Section 63-38-3.2 ;
                      (c) be in a condition of physical and mental health which will allow the applicant to
                  practice safely as an advanced practice registered nurse;
                      (d) hold a current registered nurse license in good standing issued by the state or be
                  qualified at the time for licensure as a registered nurse;
                      (e) have earned a graduate degree in an advanced practice registered nurse nursing
                  education program or a related area of specialized knowledge as determined appropriate by the
                  division in collaboration with the board;
                      (f) have completed course work in patient assessment, diagnosis and treatment, and
                  pharmacotherapeutics from an education program approved by the division in collaboration with
                  the board;
                      (g) have successfully completed clinical practice in psychiatric and mental health nursing,
                  including psychotherapy as defined by division rule, after completion of the masters degree
                  required for licensure, to practice within the psychiatric and mental health nursing specialty;
                      (h) have passed the examinations as required by division rule made in collaboration with

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                  the board;
                      (i) be currently certified by a program approved by the division in collaboration with the
                  board and submit evidence satisfactory to the division of the certification; and
                      (j) meet with the board, if requested, to determine the applicant's qualifications for
                  licensure.
                      (4) An applicant for licensure as a certified registered nurse anesthetist shall:
                      (a) submit to the division an application on a form prescribed by the division;
                      (b) pay to the division a fee determined under Section 63-38-3.2 ;
                      (c) be in a condition of physical and mental health which will allow the applicant to
                  practice safely as a certified registered nurse anesthetist;
                      (d) hold a current registered nurse license in good standing issued by the state or be
                  qualified at the time for licensure as a registered nurse;
                      (e) complete a nurse anesthesia program which is approved by the Council on
                  Accreditation of Nurse Anesthesia Educational Programs;
                      (f) be currently certified by a program approved by the division in collaboration with the
                  board and submit evidence satisfactory to the division of the certification; and
                      (g) meet with the board, if requested, to determine the applicant's qualifications for
                  licensure.
                      (5) An applicant for registration as a health care assistant shall:
                      (a) submit an application in a form prescribed by the division;
                      (b) pay a fee determined by the department under Section 63-38-3.2 ;
                      (c) certify in writing that he is free from any physical, mental, or emotional condition that
                  will or may reasonably be expected to prevent the applicant from practicing as a health care
                  assistant in compliance with this chapter; and
                      (d) may not, within five years immediately prior to application, have any substantiated
                  allegations of abuse, neglect, or misappropriation of client property listed against him on the
                  certified nurse assistant registry maintained by the State Office of Education or on a similar
                  registry maintained in another state in compliance with 42 CFR 483.156.

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                      (6) An applicant for licensure or registration under this chapter:
                      (a) (i) shall submit fingerprint cards in a form acceptable to the division at the time the
                  license application is filed and shall consent to a fingerprint background check by the Utah Bureau
                  of Criminal Identification and the Federal Bureau of Investigation regarding the application; and
                      (ii) the division shall request the Department of Public Safety to complete a Federal
                  Bureau of Investigation criminal background check for each applicant through the national
                  criminal history system (NCIC) or any successor system; and
                      (b) if convicted of one or more felonies, must receive an absolute discharge from the
                  sentences for all felony convictions five or more years prior to the date of filing an application for
                  licensure or registration under this chapter.
                      (7) For purposes of conducting the criminal background checks required in Subsection
                  (6), the division shall have direct access to criminal background information maintained pursuant
                  to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
                      (8) (a) (i) Any new nurse license or health care assistant registration issued under this
                  section shall be conditional, pending completion of the criminal background check.
                      (ii) If the criminal background check discloses the applicant has failed to accurately
                  disclose a criminal history, the license or registration shall be immediately and automatically
                  revoked.
                      (b) (i) Any person whose conditional license or registration has been revoked under
                  Subsection (8)(a) shall be entitled to a postrevocation hearing to challenge the revocation.
                      (ii) The hearing shall be conducted in accordance with Title 63, Chapter 46b,
                  Administrative Procedures Act.
                      Section 2. Section 58-31d-101 is enacted to read:
                 
CHAPTER 31d. ADVANCED PRACTICE REGISTERED NURSE COMPACT

                      58-31d-101. Title.
                      This chapter is known as the "Advanced Practice Registered Nurse Compact."
                      Section 3. Section 58-31d-102 is enacted to read:
                      58-31d-102. Advanced Practice Registered Nurse Compact.

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                      The Advanced Practice Registered Nurse Compact is hereby enacted and entered into with
                  all other jurisdictions that legally join in the compact, which is, in form, substantially as follows:
                 
Advanced Practice Registered Nurse Compact

                 
ARTICLE I

                 
Findings and Declaration of Purpose

                      (1) The party states find that:
                      (a) the health and safety of the public are affected by the degree of compliance with
                  APRN licensure/authority to practice requirements and the effectiveness of enforcement activities
                  related to state APRN licensure/authority to practice laws;
                      (b) violations of APRN licensure/authority to practice and other laws regulating the
                  practice of nursing may result in injury or harm to the public;
                      (c) the expanded mobility of APRNs and the use of advanced communication
                  technologies as part of our nation's health care delivery system require greater coordination and
                  cooperation among states in the areas of APRN licensure/authority to practice and regulation;
                      (d) new practice modalities and technology make compliance with individual state APRN
                  licensure/authority to practice laws difficult and complex;
                      (e) the current system of duplicative APRN licensure/authority to practice for APRNs
                  practicing in multiple states is cumbersome and redundant to both APRNs and states;
                      (f) uniformity of APRN requirements throughout the states promotes public safety and
                  public health benefits; and
                      (g) access to APRN services increases the public's access to health care, particularly in
                  rural and underserved areas.
                      (2) The general purposes of this compact are to:
                      (a) facilitate the states' responsibilities to protect the public's health and safety;
                      (b) ensure and encourage the cooperation of party states in the areas of APRN
                  licensure/authority to practice and regulation, including promotion of uniform licensure
                  requirements;
                      (c) facilitate the exchange of information between party states in the areas of APRN

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                  regulation, investigation, and adverse actions;
                      (d) promote compliance with the laws governing APRN practice in each jurisdiction; and
                      (e) invest all party states with the authority to hold an APRN accountable for meeting all
                  state practice laws in the state in which the patient is located at the time care is rendered through
                  the mutual recognition of party state licenses.
                 
ARTICLE II

                 
Definitions

                      As used in this compact:
                      (1) "Advanced practice registered nurse" or "APRN" means a nurse anesthetist, nurse
                  practitioner, nurse midwife, or clinical nurse specialist to the extent a party state licenses or grants
                  authority to practice in that APRN role and title.
                      (2) "Adverse action" means a home or remote state disciplinary action.
                      (3) "Alternative program" means a voluntary, nondisciplinary monitoring program
                  approved by a licensing board.
                      (4) "APRN Licensure/Authority to Practice" means the regulatory mechanism used by a
                  party state to grant legal authority to practice as an APRN.
                      (5) "APRN Uniform Licensure/Authority to Practice Requirements" means those
                  minimum uniform licensure, education, and examination requirements as agreed to by the compact
                  administrators and adopted by licensing boards for the recognized APRN role and title.
                      (6) "Coordinated licensure information system" means an integrated process for
                  collecting, storing, and sharing information on APRN licensure/authority to practice and
                  enforcement activities related to APRN licensure/authority to practice laws, which is administered
                  by a nonprofit organization composed of and controlled by state licensing boards.
                      (7) "Current significant investigative information" means:
                      (a) investigative information that a licensing board, after a preliminary inquiry that
                  includes notification and an opportunity for the APRN to respond if required by state law, has
                  reason to believe is not groundless and, if proved true, would indicate more than a minor
                  infraction; or

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                      (b) investigative information that indicates that the APRN represents an immediate threat
                  to public health and safety regardless of whether the APRN has been notified and had an
                  opportunity to respond.
                      (8) "Home state" means the party state that is the APRN's primary state of residence.
                      (9) "Home state action" means any administrative, civil, equitable, or criminal action
                  permitted by the home state's laws which are imposed on an APRN by the home state's licensing
                  board or other authority including actions against an individual's license/authority to practice such
                  as: revocation, suspension, probation, or any other action which affects an APRN's authorization
                  to practice.
                      (10) "Licensing board" means a party state's regulatory body responsible for issuing
                  APRN licensure/authority to practice.
                      (11) (a) "Multistate advanced practice privilege" means current authority from a remote
                  state permitting an APRN to practice in that state in the same role and title as the APRN is
                  licensed/authorized to practice in the home state to the extent that the remote state laws recognize
                  such APRN role and title.
                      (b) A remote state has the authority, in accordance with existing state due process laws,
                  to take actions against the APRN's privilege, including revocation, suspension, probation, or any
                  other action that affects an APRN's multistate privilege to practice.
                      (12) "Party state" means any state that has adopted this compact.
                      (13) "Prescriptive authority" means the legal authority to prescribe medications and
                  devices as defined by party state laws.
                      (14) "Remote state" means a party state, other than the home state:
                      (a) where the patient is located at the time APRN care is provided; or
                      (b) in the case of APRN practice not involving a patient, in the party state where the
                  recipient of APRN practice is located.
                      (15) "Remote state action" means:
                      (a) any administrative, civil, equitable, or criminal action permitted by a remote state's
                  laws which are imposed on an APRN by the remote state's licensing board or other authority,

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                  including actions against an individual's multistate advanced practice privilege in the remote state;
                  and
                      (b) cease and desist and other injunctive or equitable orders issued by remote states or the
                  licensing boards of those states.
                      (16) "State" means a state, territory, or possession of the United States.
                      (17) (a) "State practice laws" means a party state's laws and regulations that govern
                  APRN practice, define the scope of advanced nursing practice including prescriptive authority,
                  and create the methods and grounds for imposing discipline.
                      (b) State practice laws do not include the requirements necessary to obtain and retain
                  APRN licensure/authority to practice as an APRN, except for qualifications or requirements of
                  the home state.
                      (18) "Unencumbered" means that a state has no current disciplinary action against an
                  APRN's license/authority to practice.
                 
ARTICLE III

                 
General Provisions and Jurisdiction

                      (1) All party states shall participate in the Nurse Licensure Compact for registered nurses
                  and licensed practical/vocational nurses in order to enter into the APRN Compact.
                      (2) No state shall enter the APRN Compact until the state adopts, at a minimum, the
                  APRN Uniform Licensure/Authority to Practice Requirements for each APRN role and title
                  recognized by the state seeking to enter the APRN Compact.
                      (3) (a) APRN Licensure/Authority to practice issued by a home state to a resident in that
                  state will be recognized by each party state as authorizing a multistate advanced practice privilege
                  to the extent that the role and title are recognized by each party state.
                      (b) To obtain or retain APRN licensure/authority to practice as an APRN, an applicant
                  must meet the home state's qualifications for authority or renewal of authority as well as all other
                  applicable state laws.
                      (4) (a) The APRN multistate advanced practice privilege does not include prescriptive
                  authority, and does not affect any requirements imposed by states to grant to an APRN initial and

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                  continuing prescriptive authority according to state practice laws.
                      (b) A party state may grant prescriptive authority to an individual on the basis of a
                  multistate advanced practice privilege to the extent permitted by state practice laws.
                      (5) (a) A party state may, in accordance with state due process laws, limit or revoke the
                  multistate advanced practice privilege in the party state and may take any other necessary actions
                  under the party state's applicable laws to protect the health and safety of the party state's citizens.
                      (b) If a party state takes action, the party state shall promptly notify the administrator of
                  the coordinated licensure information system.
                      (c) The administrator of the coordinated licensure information system shall promptly
                  notify the home state of any such actions by remote states.
                      (6) (a) An APRN 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 provided.
                      (b) The APRN practice includes patient care and all advanced nursing practice defined by
                  the party state's practice laws.
                      (c) The APRN practice will subject an APRN to the jurisdiction of the licensing board,
                  the courts, and the laws of the party state.
                      (7) (a) Individuals not residing in a party state may apply for APRN licensure/authority to
                  practice as an APRN under the laws of a party state.
                      (b) The authority to practice granted to these individuals will not be recognized as
                  granting the privilege to practice as an APRN in any other party state unless explicitly agreed to
                  by that party state.
                 
ARTICLE IV

                 
Applications for APRN Licensure/Authority to Practice in a Party State

                      (1) (a) Once an application for APRN licensure/authority to practice is submitted, a party
                  state shall ascertain, through the Coordinated Licensure Information System, whether:
                      (i) the applicant has held or is the holder of a nursing license/authority to practice issued
                  by another state;
                      (ii) the applicant has had a history of previous disciplinary action by any state;

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                      (iii) an encumbrance exists on any license/authority to practice; and
                      (iv) any other adverse action by any other state has been taken against a license/authority
                  to practice.
                      (b) This information may be used in approving or denying an application for APRN
                  licensure/authority to practice.
                      (2) An APRN in a party state shall hold APRN licensure/authority to practice in only one
                  party state at a time, issued by the home state.
                      (3) (a) An APRN who intends to change primary state of residence may apply for APRN
                  licensure/authority to practice in the new home state in advance of the change.
                      (b) New licensure/authority to practice will not be issued by a party state until after an
                  APRN provides evidence of change in primary state of residence satisfactory to the new home
                  state's licensing board.
                      (4) When an APRN changes primary state of residence by:
                      (a) moving between two party states, and obtains APRN licensure/authority to practice
                  from the new home state, the APRN licensure/authority to practice from the former home state is
                  no longer valid;
                      (b) moving from a nonparty state to a party state, and obtains APRN licensure/authority
                  to practice from the new home state, the individual state license issued by the nonparty state is not
                  affected and will remain in full force if so provided by the laws of the nonparty state;
                      (c) moving from a party state to a nonparty state, the APRN licensure/authority to
                  practice issued by the prior home state converts to an individual state license, valid only in the
                  former home state, without the multistate licensure privilege to practice in other party states.
                 
ARTICLE V

                 
Adverse Actions

                      In addition to the general provisions described in Article III, the following provisions
                  apply:
                      (1) (a) The licensing board of a remote state shall promptly report to the administrator of
                  the coordinated licensure information system any remote state actions including the factual and

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                  legal basis for the action, if known.
                      (b) The licensing board of a remote state shall also promptly report any significant,
                  current investigative information yet to result in a remote state action.
                      (c) The administrator of the coordinated licensure information system shall promptly
                  notify the home state of any such reports.
                      (2) (a) The licensing board of a party state shall have the authority to complete any
                  pending investigations for an APRN who changes primary state of residence during the course of
                  those investigations.
                      (b) It shall also have the authority to take appropriate action, and shall promptly report
                  the conclusions of the investigations to the administrator of the coordinated licensure information
                  system.
                      (c) The administrator of the coordinated licensure information system shall promptly
                  notify the new home state of the actions.
                      (3) (a) A remote state may take adverse action affecting the multistate advanced practice
                  privilege to practice within that party state.
                      (b) Only the home state shall have the power to impose adverse action against the APRN
                  licensure/authority to practice issued by the home state.
                      (4) (a) 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 that conduct had occurred within the home state.
                      (b) 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 the adverse action.
                      (6) (a) Nothing in this compact shall override a party state's decision that participation in
                  an alternative program may be used in lieu of adverse action and that the participation shall remain
                  nonpublic if required by the party state's laws.
                      (b) Party states must require APRNs who enter any alternative programs to agree not to
                  practice in any other party state during the term of the alternative program without prior

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

                 
Additional Authorities Invested in Party State Licensing Boards

                      Notwithstanding any other powers, party state licensing boards shall have the authority to:
                      (1) if otherwise permitted by state law, recover from the affected APRN the costs of
                  investigations and disposition of cases resulting from any adverse action taken against that APRN;
                      (2) (a) issue subpoenas for both hearings and investigations, which require the attendance
                  and testimony of witnesses, and the production of evidence;
                      (b) subpoenas issued by a licensing board in a party state for the attendance and testimony
                  of witnesses, and/or the production of evidence from another party state shall be enforced in the
                  latter state by any court of competent jurisdiction, according to the practice and procedure of that
                  court applicable to subpoenas issued in proceedings pending before it;
                      (c) 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 or evidence or both are
                  located;
                      (3) issue cease and desist orders to limit or revoke an APRN's privilege or
                  licensure/authority to practice in their state; and
                      (4) promulgate uniform rules and regulations as provided for in Article VIII (3).
                 
ARTICLE VII

                 
Coordinated Licensure Information System

                      (1) (a) All party states shall participate in a cooperative effort to create a coordinated
                  database of all APRNs.

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                      (b) This system will include information on the APRN licensure/authority to practice and
                  disciplinary history of each APRN, as contributed by party states, to assist in the coordination of
                  APRN licensure/authority to practice and enforcement efforts.
                      (2) Notwithstanding any other provision of law, all party states' licensing boards shall
                  promptly report adverse actions, actions against multistate advanced practice privileges, any
                  current significant investigative information yet to result in adverse action, denials of applications,
                  and the reasons for those 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.
                      (4) Notwithstanding any other provision of law, all party states' licensing boards
                  contributing information to the coordinated licensure information system may designate
                  information that may not be shared with nonparty states or disclosed to other entities or
                  individuals without the express permission of the contributing state.
                      (5) Any personally identifiable information obtained by a party state's licensing board
                  from the coordinated licensure information system may not be shared with nonparty states or
                  disclosed to other entities or individuals except to the extent permitted by the laws of the party
                  state contributing the information.
                      (6) Any information contributed to the coordinated licensure information system that is
                  subsequently required to be expunged by the laws of the party state contributing that information
                  shall also be expunged from the coordinated licensure information system.
                      (7) The compact administrators, acting jointly with each other and in consultation with
                  the administrator of the coordinated licensure information system, shall formulate necessary and
                  proper procedures for the identification, collection, and exchange of information under this
                  compact.
                 
ARTICLE VIII

                 
Compact Administration and Interchange of Information

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

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                      (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) (a) Compact administrators shall have the authority to develop uniform rules to
                  facilitate and coordinate implementation of this compact.
                      (b) These uniform rules shall be adopted by party states, under the authority invested
                  under Article VI (4).
                 
ARTICLE IX

                 
Immunity

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

                 
Entry into Force, Withdrawal, and Amendment

                      (1) (a) This compact shall enter into force and become effective as to any state when it
                  has been enacted into the laws of that state.
                      (b) Any party state may withdraw from this compact by enacting a statute repealing the
                  compact, but no 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
                  APRN licensure/authority to practice agreement or other cooperative arrangement between a
                  party state and a nonparty state that is made in accordance with the other provisions of this
                  compact.

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                      (4) (a) This compact may be amended by the party states.
                      (b) No amendment to this compact shall become effective and binding upon the party
                  states unless and until it is enacted into the laws of all party states.
                 
ARTICLE XI

                 
Construction and Severability

                      (1) (a) This compact shall be liberally construed so as to effectuate its purposes.
                      (b) 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 its applicability to any government, agency, person, or circumstance is held
                  invalid, the validity of the remainder of this compact and its applicability to any government,
                  agency, person, or circumstance shall not be affected thereby.
                      (c) If this compact shall be held contrary to the constitution of any state party to the
                  compact, the compact shall remain in full force and effect as to the remaining party states and in
                  full force and effect as to the party state affected as to all severable matters.
                      (2) (a) In the event party states find a need for settling disputes arising under this
                  compact, 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 involved, and an individual
                  mutually agreed upon by the compact administrators of all the party states involved in the dispute.
                      (b) The decision of a majority of the arbitrators shall be final and binding.
                      Section 4. Section 58-31d-103 is enacted to read:
                      58-31d-103. Rulemaking authority -- Enabling provisions.
                      (1) The division may adopt rules necessary to implement Section 58-31d-102 .
                      (2) As used in Article VIII (1) of the Advanced Practice Registered Nurse Compact,
                  "head of the licensing board" means the executive administrator of the Utah Board of Nursing.
                      (3) For purposes of the Advanced Practice Registered Nurse Compact, "APRN" as
                  defined in Article II (1) of the compact includes an individual who is licensed to practice under
                  Subsection 58-31b-302 (2)(d) as an advanced practice registered nurse.

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                      (4) An APRN practicing in this state under a multistate licensure privilege may only be
                  granted prescriptive authority if that individual can document completion of graduate level course
                  work in the following areas:
                      (a) advanced health assessment;
                      (b) pharmacotherapeutics; and
                      (c) diagnosis and treatment.
                      (5) (a) An APRN practicing in this state under a multistate privilege who seeks to obtain
                  prescriptive authority must:
                      (i) meet all the requirements of Subsection (4) and this Subsection (5); and
                      (ii) be placed on a registry with the division.
                      (b) To be placed on a registry under Subsection (5)(a)(ii), an APRN must:
                      (i) submit a form prescribed by the division;
                      (ii) pay a fee; and
                      (iii) if prescribing a controlled substance:
                      (A) obtain a controlled substance license as required under Section 58-37-6 ; and
                      (B) if prescribing a Schedule II or III controlled substance, have a consultation and
                  referral plan with a physician licensed in Utah as required under Subsection
                  58-31b-102(16)(c)(iii).
                      Section 5. Repealer.
                      This bill repeals:
                      Section 58-31b-307, Licensure by endorsement.
                      Section 6. Effective date.
                      This bill takes effect on July 1, 2004.

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