335.305. Definitions.

Definitions.

335.305. As used in this compact, the following terms shall mean:

(1) "Adverse action", a home or remote state action;

(2) "Alternative program", a voluntary, nondisciplinary monitoringprogram approved by a nurse licensing board;

(3) "Coordinated licensure information system", an integrated processfor collecting, storing, and sharing information on nurse licensure andenforcement activities related to nurse licensure laws, which is administeredby a nonprofit organization composed of and controlled by state nurselicensing boards;

(4) "Current significant investigative information":

(a) Investigative information that a licensing board, after apreliminary inquiry that includes notification and an opportunity for thenurse to respond if required by state law, has reason to believe is notgroundless and, if proved true, would indicate more than a minor infraction;or

(b) Investigative information that indicates that the nurse representsan immediate threat to public health and safety regardless of whether thenurse has been notified and had an opportunity to respond;

(5) "Home state", the party state that is the nurse's primary state ofresidence;

(6) "Home state action", any administrative, civil, equitable, orcriminal action permitted by the home state's laws that are imposed on a nurseby the home state's licensing board or other authority including actionsagainst an individual's license such as: revocation, suspension, probation,or any other action affecting a nurse's authorization to practice;

(7) "Licensing board", a party state's regulatory body responsible forissuing nurse licenses;

(8) "Multistate licensing privilege", current, official authority from aremote state permitting the practice of nursing as either a registered nurseor a licensed practical/vocational nurse in such party state. All partystates have the authority, in accordance with existing state due process law,to take actions against the nurse's privilege such as: revocation,suspension, probation, or any other action that affects a nurse'sauthorization to practice;

(9) "Nurse", a registered nurse or licensed/vocational nurse, as thoseterms are defined by each state's practice laws;

(10) "Party state", any state that has adopted this compact;

(11) "Remote state", a party state, other than the home state:

(a) Where a patient is located at the time nursing care is provided; or

(b) In the case of the practice of nursing not involving a patient, insuch party state where the recipient of nursing practice is located;

(12) "Remote state action":

(a) Any administrative, civil, equitable, or criminal action permittedby a remote state's laws which are imposed on a nurse by the remote state'slicensing board or other authority including actions against an individual'smultistate licensure privilege to practice in the remote state; and

(b) Cease and desist and other injunctive or equitable orders issued byremote states or the licensing boards thereof;

(13) "State", a state, territory, or possession of the United States,the District of Columbia, or the Commonwealth of Puerto Rico;

(14) "State practice laws", those individual party's state laws andregulations that govern the practice of nursing, define the scope of nursingpractice, and create the methods and grounds for imposing discipline. Statepractice laws does not include the initial qualifications for licensure orrequirements necessary to obtain and retain a license, except forqualifications or requirements of the home state.

(L. 2009 S.B. 296)