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Current Version - 2nd Engrossment
relating to health occupations; providing for a Nurse Licensure Compact;
providing for appointments; appropriating money;proposing coding for new
law in Minnesota Statutes, chapter 148.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [148.2855] NURSE LICENSURE COMPACT.
1.7The Nurse Licensure Compact is enacted into law and entered into with all other
1.8jurisdictions legally joining in it, in the form substantially as follows:
1.11As used in this compact:
1.12(a) "Adverse action" means a home or remote state action.
1.13(b) "Alternative program" means a voluntary, nondisciplinary monitoring program
1.14approved by a nurse licensing board.
1.15(c) "Coordinated licensure information system" means an integrated process for
1.16collecting, storing, and sharing information on nurse licensure and enforcement activities
1.17related to nurse licensure laws, which is administered by a nonprofit organization
1.18composed of and controlled by state nurse licensing boards.
1.19(d) "Current significant investigative information" means:
1.20(1) investigative information that a licensing board, after a preliminary inquiry that
1.21includes notification and an opportunity for the nurse to respond if required by state law,
1.22has reason to believe is not groundless and, if proved true, would indicate more than a
1.23minor infraction; or
2.1(2) investigative information that indicates that the nurse represents an immediate
2.2threat to public health and safety regardless of whether the nurse has been notified and
2.3had an opportunity to respond.
2.4(e) "Home state" means the party state which is the nurse's primary state of residence.
2.5(f) "Home state action" means any administrative, civil, equitable, or criminal
2.6action permitted by the home state's laws which are imposed on a nurse by the home
2.7state's licensing board or other authority including actions against an individual's license
2.8such as revocation, suspension, probation, or any other action which affects a nurse's
2.9authorization to practice.
2.10(g) "Licensing board" means a party state's regulatory body responsible for issuing
2.12(h) "Multistate licensure privilege" means current, official authority from a
2.13remote state permitting the practice of nursing as either a registered nurse or a licensed
2.14practical/vocational nurse in the party state. All party states have the authority, according
2.15to existing state due process law, to take actions against the nurse's privilege such as
2.16revocation, suspension, probation, or any other action which affects a nurse's authorization
2.18(i) "Nurse" means a registered nurse or licensed practical/vocational nurse as those
2.19terms are defined by each party state's practice laws.
2.20(j) "Party state" means any state that has adopted this compact.
2.21(k) "Remote state" means a party state other than the home state:
2.22(1) where the patient is located at the time nursing care is provided; or
2.23(2) in the case of the practice of nursing not involving a patient, in the party state
2.24where the recipient of nursing practice is located.
2.25(l) "Remote state action" means:
2.26(1) any administrative, civil, equitable, or criminal action permitted by a remote
2.27state's laws which are imposed on a nurse by the remote state's licensing board or other
2.28authority including actions against an individual's multistate licensure privilege to practice
2.29in the remote state; and
2.30(2) cease and desist and other injunctive or equitable orders issued by remote states
2.31or the licensing boards of those states.
2.32(m) "State" means a state, territory, or possession of the United States, the District of
2.33Columbia, or the Commonwealth of Puerto Rico.
2.34(n) "State practice laws" means individual party state laws and regulations that
2.35govern the practice of nursing, define the scope of nursing practice, and create the
2.36methods and grounds for imposing discipline. State practice laws does not include the
3.1initial qualifications for licensure or requirements necessary to obtain and retain a license,
3.2except for qualifications or requirements of the home state.
3.4GENERAL PROVISIONS AND JURISDICTION
3.5(a) A license to practice registered nursing issued by a home state to a resident in
3.6that state will be recognized by each party state as authorizing a multistate licensure
3.7privilege to practice as a registered nurse in the party state. A license to practice licensed
3.8practical/vocational nursing issued by a home state to a resident in that state will be
3.9recognized by each party state as authorizing a multistate licensure privilege to practice
3.10as a licensed practical/vocational nurse in the party state. In order to obtain or retain a
3.11license, an applicant must meet the home state's qualifications for licensure and license
3.12renewal as well as all other applicable state laws.
3.13(b) Party states may, according to state due process laws, limit or revoke the
3.14multistate licensure privilege of any nurse to practice in their state and may take any other
3.15actions under their applicable state laws necessary to protect the health and safety of
3.16their citizens. If a party state takes such action, it shall promptly notify the administrator
3.17of the coordinated licensure information system. The administrator of the coordinated
3.18licensure information system shall promptly notify the home state of any such actions by
3.20(c) Every nurse practicing in a party state must comply with the state practice laws of
3.21the state in which the patient is located at the time care is rendered. In addition, the practice
3.22of nursing is not limited to patient care, but shall include all nursing practice as defined by
3.23the state practice laws of the party state. The practice of nursing will subject a nurse to the
3.24jurisdiction of the nurse licensing board, the courts, and the laws in the party state.
3.25(d) This compact does not affect additional requirements imposed by states for
3.26advanced practice registered nursing. However, a multistate licensure privilege to practice
3.27registered nursing granted by a party state shall be recognized by other party states as a
3.28license to practice registered nursing if one is required by state law as a precondition for
3.29qualifying for advanced practice registered nurse authorization.
3.30(e) Individuals not residing in a party state shall continue to be able to apply for
3.31nurse licensure as provided for under the laws of each party state. However, the license
3.32granted to these individuals will not be recognized as granting the privilege to practice
3.33nursing in any other party state unless explicitly agreed to by that party state.
3.35APPLICATIONS FOR LICENSURE IN A PARTY STATE
4.1(a) Upon application for a license, the licensing board in a party state shall ascertain,
4.2through the coordinated licensure information system, whether the applicant has ever held
4.3or is the holder of a license issued by any other state, whether there are any restrictions
4.4on the multistate licensure privilege, and whether any other adverse action by a state
4.5has been taken against the license.
4.6(b) A nurse in a party state shall hold licensure in only one party state at a time,
4.7issued by the home state.
4.8(c) A nurse who intends to change primary state of residence may apply for licensure
4.9in the new home state in advance of the change. However, new licenses will not be
4.10issued by a party state until after a nurse provides evidence of change in primary state of
4.11residence satisfactory to the new home state's licensing board.
4.12(d) When a nurse changes primary state of residence by:
4.13(1) moving between two party states, and obtains a license from the new home state,
4.14the license from the former home state is no longer valid;
4.15(2) moving from a nonparty state to a party state, and obtains a license from the new
4.16home state, the individual state license issued by the nonparty state is not affected and will
4.17remain in full force if so provided by the laws of the nonparty state; or
4.18(3) moving from a party state to a nonparty state, the license issued by the prior
4.19home state converts to an individual state license, valid only in the former home state,
4.20without the multistate licensure privilege to practice in other party states.
4.23In addition to the general provisions described in article 2, the provisions in this
4.25(a) The licensing board of a remote state shall promptly report to the administrator
4.26of the coordinated licensure information system any remote state actions including the
4.27factual and legal basis for the action, if known. The licensing board of a remote state shall
4.28also promptly report any significant current investigative information yet to result in a
4.29remote state action. The administrator of the coordinated licensure information system
4.30shall promptly notify the home state of any reports.
4.31(b) The licensing board of a party state shall have the authority to complete any
4.32pending investigation for a nurse who changes primary state of residence during the
4.33course of the investigation. The board shall also have the authority to take appropriate
4.34action, and shall promptly report the conclusion of the investigation to the administrator
4.35of the coordinated licensure information system. The administrator of the coordinated
4.36licensure information system shall promptly notify the new home state of any action.
5.1(c) A remote state may take adverse action affecting the multistate licensure
5.2privilege to practice within that party state. However, only the home state shall have the
5.3power to impose adverse action against the license issued by the home state.
5.4(d) For purposes of imposing adverse actions, the licensing board of the home state
5.5shall give the same priority and effect to reported conduct received from a remote state as
5.6it would if the conduct had occurred within the home state. In so doing, it shall apply its
5.7own state laws to determine appropriate action.
5.8(e) The home state may take adverse action based on the factual findings of the
5.9remote state, provided each state follows its own procedures for imposing the adverse
5.11(f) Nothing in this compact shall override a party state's decision that participation
5.12in an alternative program may be used in lieu of licensure action and that participation
5.13shall remain nonpublic if required by the party state's laws.
5.14Party states must require nurses who enter any alternative programs to agree not to
5.15practice in any other party state during the term of the alternative program without prior
5.16authorization from the other party state.
5.18ADDITIONAL AUTHORITIES INVESTED IN
5.19PARTY STATE NURSE LICENSING BOARDS
5.20Notwithstanding any other laws, party state nurse licensing boards shall have the
5.22(1) if otherwise permitted by state law, recover from the affected nurse the costs of
5.23investigation and disposition of cases resulting from any adverse action taken against
5.25(2) issue subpoenas for both hearings and investigations which require the attendance
5.26and testimony of witnesses, and the production of evidence. Subpoenas issued by a nurse
5.27licensing board in a party state for the attendance and testimony of witnesses, and the
5.28production of evidence from another party state, shall be enforced in the latter state by
5.29any court of competent jurisdiction according to the practice and procedure of that court
5.30applicable to subpoenas issued in proceedings pending before it. The issuing authority
5.31shall pay any witness fees, travel expenses, mileage, and other fees required by the service
5.32statutes of the state where the witnesses and evidence are located;
5.33(3) issue cease and desist orders to limit or revoke a nurse's authority to practice
5.34in the nurse's state; and
5.35(4) adopt uniform rules and regulations as provided for in article 7, paragraph (c).
6.1COORDINATED LICENSURE INFORMATION SYSTEM
6.2(a) All party states shall participate in a cooperative effort to create a coordinated
6.3database of all licensed registered nurses and licensed practical/vocational nurses. This
6.4system shall include information on the licensure and disciplinary history of each
6.5nurse, as contributed by party states, to assist in the coordination of nurse licensure and
6.7(b) Notwithstanding any other provision of law, all party states' licensing boards shall
6.8promptly report adverse actions, actions against multistate licensure privileges, any current
6.9significant investigative information yet to result in adverse action, denials of applications,
6.10and the reasons for the denials to the coordinated licensure information system.
6.11(c) Current significant investigative information shall be transmitted through the
6.12coordinated licensure information system only to party state licensing boards.
6.13(d) Notwithstanding any other provision of law, all party states' licensing boards
6.14contributing information to the coordinated licensure information system may designate
6.15information that may not be shared with nonparty states or disclosed to other entities or
6.16individuals without the express permission of the contributing state.
6.17(e) Any personally identifiable information obtained by a party state's licensing
6.18board from the coordinated licensure information system may not be shared with nonparty
6.19states or disclosed to other entities or individuals except to the extent permitted by the
6.20laws of the party state contributing the information.
6.21(f) Any information contributed to the coordinated licensure information system that
6.22is subsequently required to be expunged by the laws of the party state contributing that
6.23information shall also be expunged from the coordinated licensure information system.
6.24(g) The compact administrators, acting jointly with each other and in consultation
6.25with the administrator of the coordinated licensure information system, shall formulate
6.26necessary and proper procedures for the identification, collection, and exchange of
6.27information under this compact.
6.29COMPACT ADMINISTRATION AND
6.30INTERCHANGE OF INFORMATION
6.31(a) The head or designee of the nurse licensing board of each party state shall be the
6.32administrator of this compact for that state.
6.33(b) The compact administrator of each party state shall furnish to the compact
6.34administrator of each other party state any information and documents including, but not
6.35limited to, a uniform data set of investigations, identifying information, licensure data, and
7.1disclosable alternative program participation information to facilitate the administration of
7.3(c) Compact administrators shall have the authority to develop uniform rules to
7.4facilitate and coordinate implementation of this compact. These uniform rules shall be
7.5adopted by party states under the authority in article 5, clause (4).
7.8A party state or the officers, employees, or agents of a party state's nurse licensing
7.9board who acts in good faith according to the provisions of this compact shall not be
7.10liable for any act or omission while engaged in the performance of their duties under
7.11this compact. Good faith shall not include willful misconduct, gross negligence, or
7.14ENACTMENT, WITHDRAWAL, AND AMENDMENT
7.15(a) This compact shall become effective for each state when it has been enacted by
7.16that state. Any party state may withdraw from this compact by repealing the nurse licensure
7.17compact, but no withdrawal shall take effect until six months after the withdrawing state
7.18has given notice of the withdrawal to the executive heads of all other party states.
7.19(b) No withdrawal shall affect the validity or applicability by the licensing boards
7.20of states remaining party to the compact of any report of adverse action occurring prior
7.21to the withdrawal.
7.22(c) Nothing contained in this compact shall be construed to invalidate or prevent any
7.23nurse licensure agreement or other cooperative arrangement between a party state and a
7.24nonparty state that is made according to the other provisions of this compact.
7.25(d) This compact may be amended by the party states. No amendment to this
7.26compact shall become effective and binding upon the party states until it is enacted into
7.27the laws of all party states.
7.29CONSTRUCTION AND SEVERABILITY
7.30(a) This compact shall be liberally construed to effectuate the purposes of the
7.31compact. The provisions of this compact shall be severable and if any phrase, clause,
7.32sentence, or provision of this compact is declared to be contrary to the constitution of any
7.33party state or of the United States or the applicability thereof to any government, agency,
7.34person, or circumstance is held invalid, the validity of the remainder of this compact and
7.35the applicability of it to any government, agency, person, or circumstance shall not be
7.36affected by it. If this compact is held contrary to the constitution of any party state, the
8.1compact shall remain in full force and effect for the remaining party states and in full force
8.2and effect for the party state affected as to all severable matters.
8.3(b) In the event party states find a need for settling disputes arising under this
8.5(1) the party states may submit the issues in dispute to an arbitration panel which
8.6shall be comprised of an individual appointed by the compact administrator in the home
8.7state, an individual appointed by the compact administrator in the remote states involved,
8.8and an individual mutually agreed upon by the compact administrators of the party states
8.9involved in the dispute; and
8.10(2) the decision of a majority of the arbitrators shall be final and binding.
Sec. 2. [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO
8.13(a) A nurse practicing professional or practical nursing in Minnesota under the
8.14authority of section 148.2855 shall have the same obligations, privileges, and rights as if
8.15the nurse was licensed in Minnesota. Notwithstanding any contrary provisions in section
8.16148.2855, the Board of Nursing shall comply with and follow all laws and rules with
8.17respect to registered and licensed practical nurses practicing professional or practical
8.18nursing in Minnesota under the authority of section 148.2855, and all such individuals
8.19shall be governed and regulated as if they were licensed by the board.
8.20(b) Section 148.2855 does not relieve employers of nurses from complying with
8.21statutorily imposed obligations.
8.22(c) Section 148.2855 does not supersede existing state labor laws.
8.23(d) For purposes of the Minnesota Government Data Practices Act, chapter 13,
8.24an individual not licensed as a nurse under sections 148.171 to 148.285 who practices
8.25professional or practical nursing in Minnesota under the authority of section 148.2855 is
8.26considered to be a licensee of the board.
8.27(e) Uniform rules developed by the compact administrators shall not be subject
8.28to the provisions of sections 14.05 to 14.389, except for sections 14.07, 14.08, 14.101,
8.2914.131, 14.18, 14.22, 14.23, 14.27, 14.28, 14.365, 14.366, 14.37, and 14.38.
8.30(f) Proceedings brought against an individual's multistate privilege shall be
8.31adjudicated following the procedures listed in sections 14.50 to 14.62 and shall be subject
8.32to judicial review as provided for in sections 14.63 to 14.69.
8.33(g) For purposes of sections 62M.09, subdivision 2; 121A.22, subdivision 4;
8.34144.051; 144.052; 145A.02, subdivision 18; 148.975; 151.37; 152.12; 154.04; 256B.0917,
8.35subdivision 8; 595.02, subdivision 1, paragraph (g); 604.20, subdivision 5; and 631.40,
9.1subdivision 2; and chapters 319B and 364, holders of a multistate privilege who are
9.2licensed as registered or licensed practical nurses in the home state shall be considered
9.3to be licensees in Minnesota. If any of the statutes listed in this paragraph are limited to
9.4registered nurses or the practice of professional nursing, then only holders of a multistate
9.5privilege who are licensed as registered nurses in the home state shall be considered
9.7(h) The reporting requirements of sections 144.4175, 148.263, 626.52, and 626.557
9.8apply to individuals not licensed as registered or licensed practical nurses under sections
9.9148.171 to 148.285 who practice professional or practical nursing in Minnesota under
9.10the authority of section 148.2855.
9.11(i) The board may take action against an individual's multistate privilege based on
9.12the grounds listed in section 148.261, subdivision 1, and any other statute authorizing or
9.13requiring the board to take corrective or disciplinary action.
9.14(j) The board may take all forms of disciplinary action provided for in section
9.15148.262, subdivision 1, and corrective action provided for in section 214.103, subdivision
9.166, against an individual's multistate privilege.
9.17(k) The immunity provisions of section 148.264, subdivision 1, apply to individuals
9.18who practice professional or practical nursing in Minnesota under the authority of section
9.20(l) The cooperation requirements of section 148.265 apply to individuals who
9.21practice professional or practical nursing in Minnesota under the authority of section
9.23(m) The provisions of section 148.283 shall not apply to individuals who practice
9.24professional or practical nursing in Minnesota under the authority of section 148.2855.
9.25(n) Complaints against individuals who practice professional or practical nursing
9.26in Minnesota under the authority of section 148.2855 shall be handled as provided in
9.27sections 214.10 and 214.103.
9.28(o) All provisions of section 148.2855 authorizing or requiring the board to provide
9.29data to party states are authorized by section 214.10, subdivision 8, paragraph (d).
9.30(p) Except as provided in section 13.41, subdivision 6, the board shall not report to a
9.31remote state any active investigative data regarding a complaint investigation against a
9.32nurse licensed under sections 148.171 to 148.285, unless the board obtains reasonable
9.33assurances from the remote state that the data will be maintained with the same protections
9.34as provided in Minnesota law.
10.1(q) The provisions of sections 214.17 to 214.25 apply to individuals who practice
10.2professional or practical nursing in Minnesota under the authority of section 148.2855
10.3when the practice involves direct physical contact between the nurse and a patient.
10.4(r) A nurse practicing professional or practical nursing in Minnesota under the
10.5authority of section 148.2855 must comply with any criminal background check required
10.6under Minnesota law.
Sec. 3. [148.2857] WITHDRAWAL FROM COMPACT.
10.8The governor may withdraw the state from the compact in section 148.2855 if
10.9the Board of Nursing notifies the governor that a party state to the compact changed
10.10the party state's requirements for nurse licensure after July 1, 2012, and that the party
10.11state's requirements, as changed, are substantially lower than the requirements for nurse
10.12licensure in this state.
Sec. 4. [148.2858] MISCELLANEOUS PROVISIONS.
10.14(a) For the purposes of section 148.2855, "head of the Nurse Licensing Board"
10.15means the executive director of the board.
10.16(b) The Board of Nursing shall have the authority to recover from a nurse practicing
10.17professional or practical nursing in Minnesota under the authority of section 148.2855
10.18the costs of investigation and disposition of cases resulting from any adverse action
10.19taken against the nurse.
10.20(c) The board may implement a system of identifying individuals who practice
10.21professional or practical nursing in Minnesota under the authority of section 148.2855.
Sec. 5. [148.2859] NURSE LICENSURE COMPACT ADVISORY COMMITTEE.
10.23 Subdivision 1. Establishment; membership. A Nurse Licensure Compact Advisory
10.24Committee is established to advise the compact administrator in the implementation of
10.25section 148.2855. Members of the advisory committee shall be appointed by the board
10.26and shall be composed of representatives of Minnesota nursing organizations, Minnesota
10.27licensed nurses who practice in nursing facilities or hospitals, Minnesota licensed nurses
10.28who provide home care, Minnesota licensed advanced practice registered nurses, and
10.29public members as defined in section 214.02.
10.30 Subd. 2. Duties. The advisory committee shall advise the compact administrator in
10.31the implementation of section 148.2855.
10.32 Subd. 3. Organization. The advisory committee shall be organized and
10.33administered under section 15.059.
Sec. 6. APPROPRIATION.
11.2$149,000 in fiscal year 2013 is appropriated from the state government special
11.3revenue fund to the Board of Nursing for the purposes of this act. The base level funding
11.4is $6,000 each year.
Sec. 7. EFFECTIVE DATE.
11.6Sections 1 to 5 are effective upon implementation of the coordinated licensure
11.7information system defined in section 1, article 6, but no sooner than July 1, 2013.