Register March 2024 No. 819
APPENDIX
RULES OF THE INTERSTATE COMMISSION OF NURSE
LICENSURE COMPACT ADMINISTRATORS
Note: This Appendix contains a copy of The Interstate Commission of Nurse Licensure Compact Administrators Final Rules, effective January 2, 2024.
SECTION 100. DEFINITIONS
(1) “Commission" is the Interstate Commission of Nurse Licensure Compact Administrators (ICNLCA).
(2) “Compact” is the Nurse Licensure Compact that became effective on July 20, 2017 and implemented on January 19, 2018.
(3) “Deactivate” is to terminate the active status of a multistate license or privilege to practice in a party state.
(4) “Executive Director” of the ICNLCA is the individual approved to perform duties as delegated by the Commission.
(5) “Disqualifying Event” is an incident, which results in a person becoming disqualified or ineligible to retain or renew a multistate license. These include, but are not limited to, the following: any adverse action resulting in an encumbrance as defined in Article II e, current participation in an alternative program, a misdemeanor offense related to the practice of nursing which includes, but is not limited to, an agreed disposition, or any felony offense which includes, but is not limited to, an agreed disposition.
(6) “Independent Credentials Review Agency” is a non-governmental evaluation agency that verifies and certifies that foreign nurse graduates have graduated from nursing programs that are academically equivalent to nursing programs in the United States.
(7) “Licensure” includes the authority to practice nursing granted through the process of examination, endorsement, renewal, reinstatement and/or reactivation.
(8) “Prior Compact" is the Nurse Licensure Compact that was in effect until January 19, 2018.
(9) “Unencumbered License” is a license that authorizes a nurse to engage in the full and unrestricted practice of nursing.
History: Adopted December 12, 2017; effective January 19, 2018; amended August 15, 2023, effective January 2, 2024.
SECTION 200. COORDINATED LICENSURE INFORMATION SYSTEM
201. UNIFORM DATA SET AND LEVELS OF ACCESS
(1) The Compact Administrator of each party state shall furnish uniform data to the Coordinated Licensure Information System, which shall consist of the following:
(a) the nurse's name;
(b) jurisdiction of licensure;
(c) license expiration date;
(d) licensure classification, license number and status;
(e) public emergency and final disciplinary actions, as defined by the contributing state authority;
(f) a change in the status of a disciplinary action or licensure encumbrance;
(g) status of multistate licensure privileges;
(h) current participation by the nurse in an alternative program;
(i) information that is required to be expunged by the laws of a party state;
(j) the applicant or nurse's United States social security number;
(k) the existence of current significant investigative information; and
(l) a correction to a licensee's data.
(2) The public shall have access to items (1) (a) through (g) and information about a licensee's participation in an alternative program to the extent allowed by state law.
(3) In the event a nurse asserts that any Coordinated Licensure Information System data is inaccurate, the burden shall be upon the nurse to provide evidence in a manner determined by the party state that substantiates such claim.
(4) A party state shall report the items in the uniform data set to the Coordinated Licensure Information System within fifteen (15) calendar days of the date on which the action is taken.
History: Adopted December 12, 2017; effective January 19, 2018; amended August 14, 2018; effective January 1, 2019, amended August 15, 2023, effective January 2, 2024.
202. QUERYING THE COORDINATED LICENSURE INFORMATION SYSTEM
(1) Upon application for multistate licensure, with the exception of renewal by a nurse, a party state shall query the Coordinated Licensure Information System to ascertain the applicant's current licensure status, previous disciplinary action(s), and member board notifications related to current participation in an alternative program or current significant investigative information.
(2) Upon discovery that an applicant is under investigation in another party state, the party state in receipt of the nurse licensure application shall contact the investigating party state and may request investigative documents and information.
History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.
203: PARTICIPATION IN COORDINATED LICENSURE INFORMATION SYSTEM
All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical/vocational nurses. Such participation includes participation in all of the following components:
(1) Licensure information, which includes the Uniform Data Set as described in Rule 201(1); and
(2) Submission of disciplinary history of each nurse, including information regarding adverse actions taken against a license, application, and/or multistate licensure privilege; and
(3) Participation in the license verification service for endorsement.
History: Adopted August 15, 2023, effective January 2, 2024.
SECTION 300. IMPLEMENTATION
301. IMPLEMENTATION
The Compact was implemented on January 19, 2018.
History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.
302. LEGACY CLAUSE
(1) A nurse who held a multistate license as of July 20, 2017, whose multistate license remained unencumbered as of the January 19, 2018 implementation, and who retained that multistate license, was not required to meet the new requirements for a multistate license under this Compact.
(2) A nurse who retained a multistate license pursuant to subsection (1) of this section and who changes primary state of residence after January 19, 2018, must meet all applicable Article III (c) requirements to obtain a multistate license from a new primary state of residence.
(3) A nurse whose multistate license is revoked or deactivated may be eligible for a single state license in accordance with the laws of the party state.
History: Adopted December 12, 2017; effective January 19, 2018, amended August 15, 2023, effective January 2, 2024.
303. IMPLEMENTATION BY NEW PARTY STATES
(1) The Executive Director shall notify party states within fifteen (15) calendar days after a new party state enacts the Compact.
(2) The new party state shall establish an implementation date within twelve (12) months from enactment, or as specified in the enabling language, and shall notify the Executive Director of the date.
(3) Upon implementation, a licensee who holds a single state license in the new party state and holds a multistate license in the home state, may retain the single state license until it lapses, expires or becomes inactive.
(4) At least ninety (90) calendar days prior to the new party state implementation date, party states shall notify any active single state licensee with an address in the new party state that the licensee may only hold one multistate license in the primary state of residence. The licensee shall be advised to obtain or maintain a multistate license only from the primary state of residence.
