§ 25-42-5-1 — Powers of state licensing board

Indiana § 25-42-5-1

• Jurisdiction: Indiana
• Title 25: PROFESSIONS AND OCCUPATIONS
• Art. 42: INTERSTATE NURSE LICENSURE COMPACT
• Ch. 5: Additional Authorities Invested in Party State Licensing

Text

(a) In addition to the other powers conferred by
state law, a licensing board may do any of the following:
(1) Take adverse action against a nurse's multistate licensure
privilege to practice within that party state, as follows:
(A) Only the home state may take adverse action against a
nurse's license issued by the home state.
(B) For purposes of taking adverse action, the home state
licensing board shall:
(i) give the same priority and effect to reported conduct
received from a remote state as it would if the conduct had
occurred within the home state; and
(ii) apply the home state's laws to determine appropriate
action.
(2) Issue cease and desist orders or impose other encumbrances
on a nurse's authority to practice within that party state.
(3) With respect to pending investigations of a nurse who changes
primary state of residence during the course of the investigations,
the following:
(A) Complete the investigations.
(B) Take appropriate action.
(4) Issue subpoenas for hearings and investigations that require
the attendance and testimony of witnesses and for the production
of evidence.
(5) For each nurse licensure applicant:
(A) obtain and submit fingerprints or other biometric based
information to the Federal Bureau of Investigation for criminal
background checks;
(B) receive the results of the Federal Bureau of Investigation
record search on criminal background checks; and
(C) use the results in making licensure decisions.
(6) If otherwise permitted by state law, recover from the affected
nurse the costs of investigations and disposition of cases resulting
from any adverse action taken against the nurse.
(7) Take adverse action based on the factual findings of a remote
state, according to the licensing board's own procedures for the
adverse action.
(b) With respect to investigations described in subsection (a)(3):
(1) the licensing board shall promptly report the conclusions of
the investigations to the administrator of the coordinated licensure
information system; and
(2) the administrator of the coordinated licensure information
system shall promptly notify the new home state of any actions
taken under subsection (a)(3).
(c) Subpoenas issued by a licensing board in a party state for the
attendance and testimony of witnesses or the production of evidence
from another party state as described in subsection (a)(4) must be
enforced in the other party state:
(1) by a court of competent jurisdiction; and
(2) according to the practice and procedure of the court applicable
to subpoenas issued in proceedings pending before the court.
The issuing authority shall pay any witness fees, travel expenses,
mileage, and other fees required by the service statutes of the state in
which the witnesses or evidence are located.

Legislative History

As added by P.L.135-2019, SEC.5.