PROPOSAL
Maryland Register
Issue Date: June 9, 2017
Volume 44 • Issue 12 • Pages 592—593
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 27 BOARD OF NURSING
10.27.22 Multistate Licensure Compact Regulations
Authority: Health Occupations Article, §§8-205(a)(1) and 8-7A-01—8-7A-05, Annotated Code of Maryland
Notice of Proposed Action
[17-145-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulations .01—.04 under COMAR 10.27.22 Multistate Licensure Compact Regulations. This action was considered by the Board of Nursing at a public meeting held on March 22, 2017, notice of which was given by publication on the Board’s website in January, February, and March 2017 at http://mbon.maryland.gov/Pages/default.aspx, pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend the existing rules for administering the Nurse Multistate Licensure Compact to conform with the amended model rules from the National Council of State Boards of Nursing that were last revised in 2012. Some of the changes in the 2012 revisions of the model rules have already been made by the Board of Nursing. This proposal makes the final changes in conformation with the model rules.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through July 10, 2017. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
[(2) “Compact” means the Nurse Multistate Licensing Compact.
(3) “Coordinated Licensure Information System (CLIS)” means an integrated process for collecting, storing, and sharing information on nurse licensing and enforcement activities related to nurse licensing laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.
(4) “Home state” means the party state that is the nurse’s primary state of residence.]
(2) “Information System” means the coordinated licensure information system.
[(5)] (3) “Primary state of residence” means the state of an individual’s declared, fixed, [and] permanent, [residence] and principal home for legal purposes: domicile.
[(6)] (4) “Public” means [an] any individual or entity other than designated staff or representatives of party state boards or the National Council of State Boards of Nursing, Inc.
.02 Issuance of a License [in] by a Compact Party State.
A. [A nurse applying for a license in a home party state shall produce evidence of the nurse’s primary state of residence. This evidence shall include a declaration signed by the licensee. Further evidence that may be requested includes but is not limited to:] As of July 1, 2005, no applicant for initial licensure will be issued a compact license granting a multistate privilege to practice unless the applicant first obtains a passing score on the applicable NCLEX examination or any predecessor examination used for licensure.
B. Home Party State License.
(1) A nurse applying for a license in a home party state shall produce evidence of the nurse’s primary state of residence.
(2) The evidence required in §B(1) of this regulation shall include a declaration signed by the licensee.
(3) Further evidence that may be requested may include but is not limited to a:
[(1)] (a) (text unchanged)
[(2)] (b) Voter registration card displaying a home address; [or]
[(3)] (c) Federal income tax return declaring the primary state of residence;
(d) Military Form No. 2058, State of Legal Residence Certificate; or
(e) W2 form from the United States government or any bureau, division, or agency thereof indicating the declared state of residence.
C. A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license shall be issued by the party state.
D. A license issued by a party state is valid for practice in all other party states unless clearly designated as valid only in the state which issued the license.
E. Single State License.
(1) When a party state issues a license authorizing practice only in that state and not authorizing practice in other party states, the license shall be clearly marked with words indicating that it is valid only in the state of issuance.
(2) A license that is only valid for the party state is called a single state license.
[B.] F. (text unchanged)
[C.] G. The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance, and the 90-day period in [§B] §F of this regulation shall be stayed until resolution of the pending investigation.
[D.] H.—[E.] I. (text unchanged)
.03 [Multistate Licensure Privilege Limitations] Limitations on Multistate Licensure Privilege — Discipline.
A.—B. (text unchanged)
C. An individual who had a license which was surrendered, revoked, or suspended, or an application denied for cause in a prior state of primary residence, may be issued a single state license in a new primary state of residence until such time as the individual would be eligible for an unrestricted license by the prior state or states where there was an adverse action.
D. Once eligible for licensure in the prior state or states, a multistate license may be issued.
.04 Information System.
A. Levels of Access.
(1) (text unchanged)
(2) Non-party state boards shall have access to all [CLIS] Information System data except current significant investigative information and other information as limited by contributing party state authority.
(3) Party state boards shall have access to all [CLIS] Information System data contributed by the party states and other information as allowed by contributing non-party state authority.
B. Right to Review.
(1) The licensee may request, in writing, to the home state board to review data relating to the licensee in the [CLIS] Information System.
(2) (text unchanged)
(3) Within 10 business days, the Board shall correct information that it finds to be inaccurate in the [CLIS] Information System.
C. Changes in Disciplinary Data.
(1) Within 10 business days, the Board shall report to the [CLIS] Information System:
(a)—(c) (text unchanged)
(2) The Board shall delete current significant investigative information from the [CLIS] Information System within 10 business days after:
(a)—(d) (text unchanged)
(3) The [CLIS] Information System administrator shall make changes to licensure information in the [CLIS] Information System within 10 business days upon notification by a board.
DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene
