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Session Laws, 1999
Volume 796, Page 1783   View pdf image
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INVESTIGATIVE INFORMATION YET TO RESULT IN A REMOTE STATE ACTION. THE
ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL
PROMPTLY NOTIFY THE HOME STATE OF ANY SUCH REPORTS.

(B) THE LICENSING BOARD OF A PARTY STATE SHALL HAVE THE AUTHORITY
TO COMPLETE ANY PENDING INVESTIGATIONS FOR A NURSE WHO CHANGES THE
PRIMARY STATE OF RESIDENCE DURING THE COURSE OF AN INVESTIGATION. IT
SHALL ALSO HAVE THE AUTHORITY TO TAKE ACTION OR ACTIONS, AND SHALL
PROMPTLY REPORT THE CONCLUSIONS OF THE INVESTIGATION TO THE
ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE
ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL
PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS.

(C) A REMOTE STATE MAY TAKE AN ADVERSE ACTION AFFECTING THE
MULTISTATE LICENSING PRIVILEGE TO PRACTICE WITHIN THAT PARTY STATE.
HOWEVER, ONLY THE HOME STATE SHALL HAVE THE POWER TO IMPOSE AN
ADVERSE ACTION AGAINST THE LICENSE ISSUED BY THE HOME STATE.

(D) FOR PURPOSES OF IMPOSING AN ADVERSE ACTION, THE LICENSING
BOARD OF THE HOME STATE SHALL GIVE THE SAME PRIORITY AND EFFECT TO THE
REPORTED CONDUCT RECEIVED FROM A REMOTE STATE AS IT WOULD IF THE
CONDUCT HAD OCCURRED IN THE HOME STATE. IN DOING SO, THE HOME STATE
SHALL APPLY ITS OWN STATE LAWS TO DETERMINE THE APPROPRIATE ACTION TO
TAKE AGAINST THE LICENSEE.

(E) THE HOME STATE MAY TAKE AN ADVERSE ACTION BASED ON THE
FACTUAL FINDINGS OF THE REMOTE STATE, SO LONG AS EACH STATE FOLLOWS ITS
OWN PROCEDURES FOR IMPOSING SUCH AN ADVERSE ACTION.

(F) NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
LICENSURE ACTION, AND THAT SUCH PARTICIPATION SHALL REMAIN NONPUBLIC IF
REQUIRED BY THE LAWS OF THE PARTY STATE. PARTY STATES SHALL REQUIRE
NURSES WHO ENTER ANY ALTERNATIVE PROGRAMS TO AGREE NOT TO PRACTICE IN
ANY OTHER PARTY STATE DURING THE TERM OF THE ALTERNATIVE PROGRAM
WITHOUT PRIOR AUTHORIZATION FROM THAT PARTY STATE.

ARTICLE VI. ADDITIONAL AUTHORITY INVESTED IN PARTY STATE NURSE

LICENSING BOARDS.

9.

NOTWITHSTANDING ANY OTHER POWERS, PARTY STATE NURSE LICENSING
BOARDS SHALL HAVE THE AUTHORITY TO:

(A) RECOVER FROM THE AFFECTED NURSE THE COSTS OF INVESTIGATIONS
AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE ACTION TAKEN
AGAINST THAT NURSE, IF OTHERWISE PERMITTED BY STATE LAW;

(B) ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT
REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND THE PRODUCTION

 

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Session Laws, 1999
Volume 796, Page 1783   View pdf image
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