DAR File No. 32430

Commerce, Occupational and Professional Licensing

R156-31c

Nurse Licensure Compact Rules

NOTICE OF PROPOSED RULE

DAR File No.: 32430
Filed: 03/05/2009, 10:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is proposing amendments to this rule to reflect changes made by other Compact States and the model Nurse Licensure Compact Rule. The concepts covered in the proposed amendments have been policies with the Nurse Licensure Compact Administrators and hence have been followed for a number of years. Because the rule addresses the implementation of an interstate compact, all states that have adopted the compact language must also adopt the same rule. The proposed amendments reflect changes in the database and several years of experience implementing and maintaining the operation of the Compact. Also, clean-up changes were made to the term "rules" which is changed to "rule".

Summary of the rule or change:

Throughout the rule, the term "rules" has been replaced with "rule" where applicable. Subsection R156-31c-102(2) is deleted as the phrase "current investigative information" is defined in the governing statute and does not need further clarification in this rule. In Section R156-31c-201, amendments add military identification that can be used to verify primary state of residence; clarify how a person on a visa can be issued a license and declaration of state of residence; and clarify how licenses are to be marked that do not have the multi-state practice privilege. Such licenses shall be issued as valid only in the state that issues the license. Added Subsection R156-31c-302(2) which provides a mechanism by which a license which has been revoked, suspended, surrendered or an application denied for cause, can only be issued a single state license until the action would have been cleared by the original state of licensure.

State statutory or constitutional authorization for this rule:

Section 58-31c-103 and Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. The additional language reflects concepts already in place with the Nurse Licensure Compact Administrators (NLCA) policy book. It was determined the language had a substantial impact on a person's ability to be licensed and to practice; therefore, the provisions belonged in the rule and not just policy. Any changes required in the Division as a result of the proposed amendments should be minimal.

local governments:

There should be little to no effect on local government. If a local government is already using nurses with a multistate practice privilege, the proposed amendments will not affect that relationship.

small businesses and persons other than businesses:

The proposed amendments simply move policy statements into the rule which have been in place for a number of years. Adding the language to the rule will not affect the manner in which the NLCA functions or how a multistate license will be issued. Those individuals already affected by the Nurse Licensure Compact will not experience any change as this filing codifies existing policy into a rule.

Compliance costs for affected persons:

There should be no compliance costs to anyone as a result of the proposed amendments because the language being added just moves policy into the rule where it appropriately belongs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing codifies existing Division policies under the Nurse Licensure Compact Rule. No fiscal impact to businesses is anticipated. Francine A. Giani. Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/01/2009

This rule may become effective on:

05/08/2009

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-31c. Nurse Licensure Compact Rule[s].

R156-31c-101. Title.

Th[ese]is rule[s are] is known as the "Nurse Licensure Compact Rule[s]".

 

R156-31c-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 31c, as used in Title 58, Chapter 31c or th[ese]is rule[s]:

(1) "Board", as used in th[ese]is rule[s], means the party state's regulatory body responsible for issuing nurse licenses.

(2) ["Current significant investigative information", as used in these rules, is defined in Section 58-31c-102.

(3) ]"Information system", as used in th[ese]is rule[s], means the coordinated licensure information system as defined in Section 58-31c-102.

([4]3) "Primary state of residence", as used in th[ese]is rule[s], means the state of a person's declared fixed permanent and principal home for legal purposes; domicile.

([5]4) "Public", as used in th[ese]is rule[s], means any individual or entity other than designated staff or representatives of party state Boards or the National Council of State Boards of Nursing, Inc.

 

R156-31c-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the Division under the authority of Subsection 58-1-106(1) to enable the Division to administer Title 58, Chapter 31c.

 

R156-31c-201. Issuing a License.

(1) As of July 1, 2005 no applicant for initial licensure will be issued a compact license granting a multi-state privilege to practice unless the applicant first obtains a passing score on the applicable NCLEX examination or any predecessor examination used for licensure.

(2) A nurse applying for a license in a home party state shall produce evidence of the nurse's primary state of residence. Such evidence shall include a declaration signed by the licensee. Further evidence that may be requested may include:

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

(b) voter registration card displaying a home address;[ or]

(c) federal income tax return declaring the primary state of residence[.];

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

(e) W-2 form from the United States government or any bureau, division or agency thereof indicating the declared state of residence.

(3) A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued by the party state.

(4) A license issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license.

(5) When a party state issues a license authorizing practice only in that state and not authorizing practice in other party states (i.e. a single state license), the license shall be clearly marked with words indicating that it is valid only in the state of issuance.

([3]6) A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multi-state privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 30 days.

([4]7) The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance and the 30 day period in Subsection (2) shall be stayed until resolution of the pending investigation.

([5]8) The former home state license shall be expired and no longer valid upon the issuance of a new home state license.

([6]9) If a decision is made by the new home state denying licensure the new home state shall notify the former home state within ten business days and the former home state shall take action in accordance with that state's laws and rules.

 

R156-31c-302. Limitations on Multi-state Licensure Privilege - Discipline.

(1) Home state Boards shall include in all licensure disciplinary orders and stipulation agreements that limit practice or require monitoring the requirement that the licensee subject to said order or stipulation will agree to limit the licensee's practice to the home state during the pendency of the order or stipulation. This requirement may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and such other party state Boards.

(2) An individual who had a license which was surrendered, revoked, suspended, or an application denied for cause in a prior state of residence may be issued a single state license in a new primary state of residence until such time as the individual would be eligible for an unrestricted license by the prior state(s) of adverse action. Once eligible for licensure in the prior state, a multistate license may be issued.

 

KEY: nurses, licensing

Date of Enactment or Last Substantive Amendment: [September 19, 2005]2009

Notice of Continuation: November 29, 2004

Authorizing, and Implemented or Interpreted Law: 58-31c-103; 58-1-106(1)(a)