Section 335.305

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 335

Effective - 28 Aug 2009, 2 histories, see footnote   (history) 

  *335.305.  Definitions. — As used in this compact, the following terms shall mean:

  (1)  "Adverse action", a home or remote state action;

  (2)  "Alternative program", a voluntary, nondisciplinary monitoring program approved by a nurse licensing board;

  (3)  "Coordinated licensure information system", 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 nonprofit organization composed of and controlled by state nurse licensing boards;

  (4)  "Current significant investigative information":

  (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;

  (5)  "Home state", the party state that is the nurse's primary state of residence;

  (6)  "Home state action", any administrative, civil, equitable, or criminal action permitted by the home state's laws that 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 affecting a nurse's authorization to practice;

  (7)  "Licensing board", a party state's regulatory body responsible for issuing nurse licenses;

  (8)  "Multistate licensing privilege", current, official authority from a remote state 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 that affects a nurse's authorization to practice;

  (9)  "Nurse", a registered nurse or licensed/vocational nurse, as those terms are defined by each state's practice laws;

  (10)  "Party state", any state that has adopted this compact;

  (11)  "Remote state", a party state, other than the home state:

  (a)  Where a 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;

  (12)  "Remote state action":

  (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;

  (13)  "State", a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico;

  (14)  "State practice laws", those individual party's state laws and regulations 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.

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(L. 2009 S.B. 296)

*This section was repealed by H.B. 1816 § B, S.B. 608 § B, and S.B. 635 § C, 2016. Due to the contingent effective date contained in section 335.420, both versions of this section are printed.