§ 5-34.3-7 - Adverse actions.
SECTION 5-34.3-7
§ 5-34.3-7 Adverse actions. – In addition to the provisions described in § 5-34.3-5, the followingprovisions apply:
(1) The licensing board of a remote state shall promptlyreport to the administrator of the coordinated licensure information system anyremote state actions including the factual and legal basis for such action, ifknown. The licensing board of a remote state shall also promptly report anysignificant current investigative information yet to result in a remote stateaction. The administrator of the coordinated licensure information system shallpromptly notify the home state of any such reports.
(2) The licensing board of a party state shall have theauthority to complete any pending investigations for a nurse who changesprimary state of residence during the course of such investigations. It shallalso have the authority to take appropriate action(s), and shall promptlyreport the conclusions of such investigations to the administrator of thecoordinated licensure information system. The administrator of the coordinatedlicensure information system shall promptly notify the new home state of anysuch actions.
(3) A remote state may take adverse action affecting themultistate licensure privilege to practice within that party state. However,only the home state shall have the power to impose adverse action against thelicense issued by the home state.
(4) For purposes of imposing adverse action, the licensingboard of the home state shall give the same priority and effect to reportedconduct received from a remote state as it would if such conduct had occurredwithin the home state. In so doing, it shall apply its own state laws todetermine appropriate action.
(5) The home state may take adverse action based on thefactual findings of the remote state, so long as each state follows its ownprocedures for imposing such adverse action.
(6) Nothing in this compact shall override a party state'sdecision that participation in an alternative program may be used in lieu oflicensure action and that such participation shall remain non-public ifrequired by the party state's laws. Party states must require nurses who enterany alternative programs to agree not to practice in any other party stateduring the term of the alternative program without prior authorization fromsuch other party state.