A bill for an act
relating to health occupations; creating a Nurse Licensure Compact; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.2855] NURSE LICENSURE COMPACT.
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new text begin The Nurse Licensure Compact is enacted into law and entered into with all other
jurisdictions legally joining in it, in the form substantially as follows:
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new text begin ARTICLE 1
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new text begin DEFINITIONS
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new text begin As used in this compact:
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new text begin (a) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's law that is imposed by a licensing board or other authority against a
nurse, including 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, or any other encumbrance on licensure affecting a nurse's authorization to practice,
including issuance of a cease and desist action.
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new text begin (b) "Alternative program" means a nondisciplinary monitoring program approved by a
licensing board.
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new text begin (c) "Coordinated licensure information system" means an integrated process for collecting,
storing, and sharing information on nurse licensure and enforcement activities related to
nurse licensure laws that is administered by a nonprofit organization composed of and
controlled by licensing boards.
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new text begin (d) "Current significant investigative information" means:
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new text begin (1) 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
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new text begin (2) 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.
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new text begin (e) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board.
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new text begin (f) "Home state" means the party state that is the nurse's primary state of residence.
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new text begin (g) "Licensing board" means a party state's regulatory body responsible for issuing nurse
licenses.
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new text begin (h) "Multistate license" means a license to practice as a registered or a licensed
practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes
the licensed nurse to practice in all party states under a multistate licensure privilege.
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new text begin (i) "Multistate licensure privilege" means a legal authorization associated with a multistate
license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in
a remote state.
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new text begin (j) "Nurse" means an RN or LPN/VN, as those terms are defined by each party state's
practice laws.
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new text begin (k) "Party state" means any state that has adopted this compact.
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new text begin (l) "Remote state" means a party state other than the home state.
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new text begin (m) "Single-state license" means a nurse license issued by a party state that authorizes
practice only within the issuing state and does not include a multistate licensure privilege
to practice in any other party state.
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new text begin (n) "State" means a state, territory, or possession of the United States and the District
of Columbia.
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new text begin (o) "State practice laws" means a party state's laws, rules, 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 do not include requirements necessary
to obtain and retain a license, except for qualifications or requirements of the home state.
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new text begin ARTICLE 2
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new text begin GENERAL PROVISIONS AND JURISDICTION
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new text begin (a) A multistate license to practice registered or licensed practical/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 an RN or LPN/VN under a multistate licensure privilege
in each party state.
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new text begin (b) A state must implement procedures for considering the criminal history records of
applicants for initial multistate license or licensure by endorsement. The 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 retaining that state's criminal
records.
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new text begin (c) Each party state shall require the following for an applicant to obtain or retain a
multistate license in the home state:
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new text begin (1) meets the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws;
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new text begin (2)(i) has graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or
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new text begin (ii) has graduated from a foreign RN or LPN/VN prelicensure education program that:
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new text begin (A) has been approved by the authorized accrediting body in the applicable country; and
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new text begin (B) has been verified by an independent credentials review agency to be comparable to
a licensing board-approved prelicensure education program;
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new text begin (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;
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new text begin (4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized
predecessor, as applicable;
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new text begin (5) is eligible for or holds an active, unencumbered license;
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new text begin (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 retaining that state's criminal records;
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new text begin (7) has not been convicted or found guilty, or has entered into an agreed disposition, of
a felony offense under applicable state or federal criminal law;
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new text begin (8) has not been convicted or found guilty, or has entered into an agreed disposition, of
a misdemeanor offense related to the practice of nursing as determined on a case-by-case
basis;
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new text begin (9) is not currently enrolled in an alternative program;
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new text begin (10) is subject to self-disclosure requirements regarding current participation in an
alternative program; and
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new text begin (11) has a valid United States Social Security number.
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new text begin (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.
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new text begin (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 shall 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.
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new text begin (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.
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new text begin (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:
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