§ 5-34.3-5. General provisions and jurisdiction. [Expires January 1, 2027]
(a) A multistate license to practice registered or licensed practical nursing/vocational
nursing issued by a home state to a resident in that state will be recognized by each
party state as authorizing a nurse to practice as a registered nurse (RN) or as a
licensed practical nurse/vocational nurse (LPN/VN), under a multistate licensure privilege,
in each party state.
(b) A state must implement procedures for considering the criminal history records of
applicants for initial multistate license or licensure by endorsement. Such procedures
shall include the submission of fingerprints or other biometric-based information
by applicants for the purpose of obtaining an applicant's criminal history record
information from the Federal Bureau of Investigation, and the agency responsible for
maintaining that state's criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain
a multistate license in the home state:
(1) Meets the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws;
(2)(i) Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN
prelicensure education program; or
(ii) Has graduated from a foreign RN or LPN/VN prelicensure education program that:
(A) Has been approved by the authorized accrediting body in the applicable country; and
(B) Has been verified by an independent credentials review agency to be comparable to
a licensing board-approved prelicensure education program;
(3) Has, if a graduate of a foreign prelicensure education program not taught in English
or if English is not the individual's native language, successfully passed an English
proficiency examination that includes the components of reading, speaking, writing
and listening;
(4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor,
as applicable;
(5) Is eligible for or holds an active, unencumbered license;
(6) Has submitted, in connection with an application for initial licensure or licensure
by endorsement, fingerprints or other biometric data for the purpose of obtaining
criminal history record information from the Federal Bureau of Investigation and the
agency responsible for maintaining that state's criminal records;
(7) Has not been convicted or found guilty nor entered into an agreed disposition of a
felony offense under applicable state or federal criminal law;
(8) Has not been convicted or found guilty nor entered into an agreed disposition of a
misdemeanor offense related to the practice of nursing as determined on a case-by-case
basis;
(9) Is not currently enrolled in an alternative program;
(10) Is subject to self-disclosure requirements regarding current participation in an alternative
program; and
(11) Has a valid United States Social Security number.
(d) All party states shall be authorized, in accordance with existing state due process
law, to take adverse action against a nurse's multistate licensure privilege such
as revocation, suspension, probation, or any other action that affects a nurse's authorization
to practice under a multistate licensure privilege, including cease and desist actions.
If a party state takes such action, it shall promptly notify the administrator of
the coordinated licensure information system. The administrator of the coordinated
licensure information system shall promptly notify the home state of any such actions
by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the
state in which the client is located at the time service is provided. The practice
of nursing is not limited to patient care, but shall include all nursing practice
as defined by the state practice laws of the party state in which the client is located.
The practice of nursing in a party state under a multistate licensure privilege will
subject a nurse to the jurisdiction of the licensing board, the courts, and the laws
of the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a
party state's single-state license as provided under the laws of each party state.
However, the single-state license granted to these individuals will not be recognized
as granting the privilege to practice nursing in any other party state. Nothing in
this compact shall affect the requirements established by a party state for the issuance
of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact,
may retain and renew the multistate license issued by the nurse's then-current home
state, provided that:
(1) A nurse, who changes primary state of residence after this compact's effective date,
must meet all applicable requirements to obtain a multistate license from a new home
state; and
(2) A nurse who fails to satisfy the multistate licensure requirements due to a disqualifying
event occurring after this compact's effective date shall be ineligible to retain
or renew a multistate license, and the nurse's multistate license shall be revoked
or deactivated in accordance with applicable rules adopted by the commission.