ENTITLED An Act to adopt the advanced practice registered nurse compact.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to title 36:

ADVANCED PRACTICE REGISTERED NURSE COMPACT

ARTICLE I

FINDINGS AND DECLARATIONS OF PURPOSE

The party states find that:

(1) The health and safety of the public are affected by the degree of compliance with advanced practice registered nurse licensure requirements and the effectiveness of enforcement activities related to state advanced practice registered nurse licensure laws;

(2) Violations of advanced practice registered nurse licensure and other laws governing the practice of nursing may result in injury or harm to the public;

(3) The expanded mobility of advanced practice registered nurses and the use of advanced communication and intervention technologies, as part of this nation’s health care delivery system, require greater coordination and cooperation among states in the areas of advanced practice registered nurse licensure and regulation;

(4) New practice modalities and technology make compliance with individual state advanced practice registered nurse licensure laws difficult and complex;

(5) The current system of duplicative advanced practice registered nurse licensure to authorize practice in multiple states is cumbersome and redundant for healthcare delivery systems, payors, state licensing boards, regulators, and advanced practice registered nurses;

(6) Uniformity of advanced practice registered nurse licensure requirements throughout the states promotes public safety and public health benefits, and provides a mechanism for increasing access to care; and

(7) The general purposes of this Compact are to:

(a) Facilitate the states’ responsibility to protect the public’s health and safety;

(b) Ensure and encourage the cooperation of party states in the areas of advanced practice registered nurse licensure and regulation, including the promotion of uniform licensure requirements;

(c) Facilitate the exchange of information between party states in the areas of advanced practice registered nurse regulation, investigation, and adverse actions;

(d) Promote compliance with the laws governing practice by advanced practice registered nurses in each jurisdiction;

(e) Invest all party states with the authority to hold an advanced practice registered nurse accountable for meeting all practice laws of the state in which the patient is located, at the time care is rendered, through the mutual recognition of party-state privileges to practice;

(f) Decrease redundancies in the consideration and issuance of advanced practice registered nurse licenses; and

(g) Provide opportunities for interstate practice by advanced practice registered nurses who meet uniform licensure requirements.

ARTICLE II

DEFINITIONS

Terms used in this Compact mean:

(1) “Advanced practice registered nurse,” a registered nurse who:

(a) Has gained additional specialized knowledge, skills, and experience through a program of study recognized or defined by the Interstate Commission of Advanced Practice Registered Nurse Compact Administrators;

(b) Is licensed to perform advanced nursing practice; and

(c) Is licensed in an advanced practice registered nurse role that is congruent with an advanced practice registered nurse educational program, certification, and rules of the commission;

(2) “Advanced practice registered nurse licensure,” the regulatory mechanism used by a party-state in granting the authority to practice as an advanced practice registered nurse;

(3) “Advanced practice registered nurse uniform licensure requirements," the minimum uniform licensure, education, and examination requirements set forth in Article III of this Compact;

(4) “Adverse action,” any administrative, civil, equitable, or criminal action that:

(a) Is permitted by a state’s laws;

(b) Imposed by a licensing board, or other authority, against an advanced practice registered nurse; and

(c) Includes actions against an individual’s license or multistate licensure privilege, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, and any other encumbrance on licensure affecting an advanced practice registered nurse's authorization to practice, including the issuance of a cease and desist action;

(5) “Alternative program,” a non-disciplinary monitoring program approved by a licensing board;

(6) “Coordinated licensure information system,” an integrated process for collecting, storing and sharing information on advanced practice registered nurse licensure and enforcement activities related to advanced practice registered nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by licensing boards;

(7) “Current significant investigatory information,” investigative information that:

(a) A licensing board, after a preliminary inquiry including notification and an opportunity for the advanced practice registered nurse to respond, if required by state law, has reason to believe is not groundless and, if proven true, would indicate more than a minor infraction; or

(b) Indicates that the advanced practice registered nurse represents an immediate threat to public health and safety, regardless of whether the advanced practice registered nurse has been notified and had an opportunity to respond;

(8) “Encumbrance,” a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing, imposed by a licensing board, in connection with a disciplinary proceeding;

(9) “Home state,” the party-state that is the advanced practice registered nurse’s state of residence;

(10) ”Licensing board,” a party-state’s regulatory body responsible for regulating advanced practice registered nursing;

(11) “Multistate license,” a license to practice as an advanced practice registered nurse, that:

(a) Is issued by a home state licensing board; and

(b) Authorizes the holder to practice as an advanced practice registered nurse in all party-states, under a multistate licensure privilege, in the same role and population focus as the holder is licensed in the holder's home state;

(12) "Multistate licensure privilege,” an authorization, associated with an advanced practice registered nurse multistate license, that permits the holder to practice as an advanced practice registered nurse in a remote state, in the same role and population focus as the holder is licensed for in the holder's home state;

(13) “Non-controlled prescription drug,” a device or drug that:

(a) Is not a controlled substance;

(b) Is prohibited under state or federal law from being dispensed without a prescription; and

(c) Includes a device or drug that bears or is required to bear the legend “Caution: federal law prohibits dispensing without prescription,” the legend “prescription only,” or any other legend that complies with federal law;

(14) “Party state,” a state that has adopted this Compact;

(15)