HJBR May/Jun 2019
Healthcare Journal of BATON ROUGE I MAY / JUN 2019 47 mation via the coordinated licensure in- formation system • Limitation to one home state license • Outlines process for change of primary residence/home state ARTICLE V ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS • Provides authority to - Take adverse action against a multi- state licensure privilege - Allow states to revoke a nurse’s privi- lege to practice when a nurse is under investigation - Issue subpoenas - Obtain and submit criminal back- ground checks • Requires deactivation of multistate li- censure privileges when license encum- bered ARTICLE VI COORDINATED LICEN- SURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION • Requires participation in a coordinated licensure information system • Requires the boards of nursing to promptly report to the database any adverse action taken on a nurse, any in- formation gathered during an investiga- tion on a complaint against a nurse; and notification of any nurse that has been enrolled in an alternative to discipline program. • Provides for exchange of information with other party states ARTICLE VII ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRA- TORS Establishes the governing body as a public agency known as an “Interstate Commission.” ARTICLE VIII RULEMAKING Allows for rules to be adopted directly by the Commission. Such rulemaking is legally binding in all party states. There is no requirement that rules be ratified or adopted by individual states. Such rulemaking authority has been permit- ted and exercised by other interstate compacts. The procedural requirements are based on the national Model Admin- istrative Procedures Act, which is similar to most state APAs and includes: • Provision for notice to the public of proposed and adopted rules • Opportunity for comment • Opportunity for public hearing • Consideration and voting upon pro- posed rules • Responding to comments received ARTICLE IX OVERSIGHT, DISPUTE RES- OLUTION AND ENFORCEMENT Ensures compliance with the NLC by member states. The procedures to be fol- lowed in the event of a failure by a party state to comply with the NLC include: • Aperiod of technical assistance in curing the default • Improved dispute resolution processes; and • Termination from the NLC in the event no other means of compliance has been successful. ARTICLE X EFFECTIVE DATE, WITH- DRAWAL AND AMENDMENT Addresses the method for states to en- ter, withdraw from or amend the NLC. ARTICLE XI CONSTRUCTION AND SEV- ERABILITY Provides for the compact to remain val- id in a state when any provision is declared to be contrary to a party state’s constitu- tion. If Louisiana is your primary state of res- idence (PSOR) and you meet the uniform licensure requirements (ULRs) for a multi- state license, you will be eligible, but not required, to convert your single state li- cense to a multi-state license effective July 1, 2019. This does not happen automati- cally, however. You will have to complete a License Conversion Application, pay the $50 conversion application fee and sub- mit to an FBI-level criminal background check (CBC). The CBC must be completed even if you have previously submitted to a CBC in the state of Louisiana. Once your Louisiana multistate license is granted, Louisiana will be your home state of licen- sure and you will be granted a privilege to practice (PTP) in the 30 other NLC states. You only hold one license in your PSOR – you are NOT granted 30 additional licens- es. We will continue to have instructions, FAQs and information on the website, www.lsbn.state.la.us , and we will send out communications through our email sys- tem to all licensed RNs in the state. The NLC affects RNs and LPNs, but currently APRNs cannot hold a multistate license for their advanced practice. In addition to the above procedure for currently licensed RNs in Louisiana, all initial licensure by examination appli- cants and all endorsement applicants will be granted a multi-state license beginning July 1, 2019, if they meet the Uniform Li- censure Requirements (ULRs). In addition to the NLC, LSBN was very busy in 2018 with rulemaking. Below are summaries of the rules that were amend- ed, revised or added to LAC 46. XLVII.Sub- part 2. Registered Nurses. Chapter 34, Section 3419 - LSBN updat- ed terminology regarding substance use disorders. The medical term has changed from “Chemical Dependency” to “Sub- stance Use Disorder, Mild, Moderate or Se- Karen C. Lyon, PhD APRN, NEA CEO Louisiana State Board of Nursing
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