Section 335.320

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 335

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

  *335.320.  Adverse actions. — In addition to the general provisions described in article III of this compact, 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 actions, 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 nonpublic 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.

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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.