By Maxey H.B. No. 1342
76R2985 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an interstate compact regulating nurses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 7, Title 71, Revised Statutes, is amended
1-5 by adding Article 4528b to read as follows:
1-6 Art. 4528b. NURSE LICENSURE COMPACT
1-7 Sec. 1. The Nurse Licensure Compact is enacted and entered
1-8 into with all other jurisdictions that legally join in the compact,
1-9 which is as follows:
1-10 NURSE LICENSURE COMPACT
1-11 ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE. (a) The
1-12 party states find that:
1-13 (1) the health and safety of the public are affected
1-14 by the degree of compliance with and the effectiveness of
1-15 enforcement activities related to state nurse licensing laws;
1-16 (2) violations of nurse licensing and other laws
1-17 regulating the practice of nursing may result in injury or harm to
1-18 the public;
1-19 (3) the expanded mobility of nurses and the use of
1-20 advanced communication technologies as part of our nation's health
1-21 care delivery system require greater coordination and cooperation
1-22 among states in the areas of nurse licensing and regulation;
1-23 (4) new practice modalities and technology make
1-24 compliance with each state nurse licensing laws difficult and
2-1 complex; and
2-2 (5) the current system of the duplicative licensing of
2-3 nurses practicing in multiple states is cumbersome and redundant to
2-4 both nurses and the states.
2-5 (b) The general purposes of this compact are to:
2-6 (1) facilitate the states' responsibilities to protect
2-7 the public's health and safety;
2-8 (2) ensure and encourage the cooperation of party
2-9 states in the areas of nurse licensing and regulation;
2-10 (3) facilitate the exchange of information between
2-11 party states in the areas of nurse regulation, investigation, and
2-12 adverse action;
2-13 (4) promote compliance with the laws governing the
2-14 practice of nursing in each jurisdiction; and
2-15 (5) invest all party states with the authority to hold
2-16 a nurse accountable for meeting all state practice laws in the
2-17 state in which the patient is located at the time care is provided
2-18 through the mutual recognition of party state licenses.
2-19 ARTICLE 2. DEFINITIONS. In this compact:
2-20 (a) "Adverse action" means a home or remote state
2-21 action.
2-22 (b) "Alternative program" means a voluntary,
2-23 nondisciplinary monitoring program approved by a nurse licensing
2-24 board.
2-25 (c) "Coordinated licensure information system" means
2-26 an integrated process for collecting, storing, and sharing
2-27 information on nurse licensing and enforcement activities related
3-1 to nurse licensing laws, which is administered by a nonprofit
3-2 organization composed of and controlled by state nurse licensing
3-3 boards.
3-4 (d) "Current significant investigative information"
3-5 means:
3-6 (1) investigative information that a licensing
3-7 board, after a preliminary inquiry that includes notification and
3-8 an opportunity for the nurse to respond if required by state law,
3-9 has reason to believe is not groundless and, if proved true, would
3-10 indicate more than a minor infraction; or
3-11 (2) investigative information that indicates
3-12 that a nurse represents an immediate threat to public health and
3-13 safety regardless of whether the nurse has been notified and had an
3-14 opportunity to respond.
3-15 (e) "Home state" means the party state that is the
3-16 nurse's primary state of residence.
3-17 (f) "Home state action" means any administrative,
3-18 civil, equitable, or criminal action permitted by the home state's
3-19 laws that are imposed on a nurse by the home state's licensing
3-20 board or other authority, including actions against an individual's
3-21 license such as revocation, suspension, probation, or any other
3-22 action that affects a nurse's authorization to practice.
3-23 (g) "Licensing board" means a party state's regulatory
3-24 body responsible for issuing nurse licenses.
3-25 (h) "Multistate licensing privilege" means current,
3-26 official authority from a remote state permitting the practice of
3-27 nursing as a registered nurse, licensed practical nurse, or
4-1 licensed vocational nurse in the party state. All party states have
4-2 the authority, in accordance with existing state due process laws,
4-3 to take actions against the nurse's privilege, including
4-4 revocation, suspension, probation, or any other action that affects
4-5 a nurse's authorization to practice.
4-6 (i) "Nurse" means a registered nurse, licensed
4-7 practical nurse, or licensed vocational nurse as those terms are
4-8 defined by each party's state practice laws.
4-9 (j) "Party state" means any state that has enacted
4-10 this compact.
4-11 (k) "Remote state" means a party state, other than the
4-12 home state, in which:
4-13 (1) a patient is located at the time nursing
4-14 care is provided; or
4-15 (2) in the case of the practice of nursing not
4-16 involving a patient, the recipient of nursing practice is located.
4-17 (l) "Remote state action" means:
4-18 (1) an administrative, civil, equitable, or
4-19 criminal action permitted by a remote state's laws that are imposed
4-20 on a nurse by the remote state's licensing board or other
4-21 authority, including an action against an individual's multistate
4-22 licensing privilege to practice in the remote state; and
4-23 (2) a cease and desist order and other
4-24 injunctive or equitable orders issued by remote states or the
4-25 licensing boards of remote states.
4-26 (m) "State" means a state, territory, possession of
4-27 the United States, the District of Columbia, or the Commonwealth of
5-1 Puerto Rico.
5-2 (n) "State practice laws" means a party state's laws
5-3 and regulations that govern the practice of nursing, define the
5-4 scope of nursing practice, and create the methods and grounds for
5-5 imposing discipline. The term does not include the initial
5-6 qualifications for licensing or requirements necessary to obtain
5-7 and retain a license, except for qualifications or requirements of
5-8 the home state.
5-9 ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION. (a) A
5-10 license to practice registered nursing issued by a home state to a
5-11 resident in that state will be recognized by each party state as
5-12 authorizing a multistate licensing privilege to practice as a
5-13 registered nurse in the party state. A license to practice licensed
5-14 practical nursing or licensed vocational nursing issued by a home
5-15 state to a resident in that state will be recognized by each party
5-16 state as authorizing a multistate licensing privilege to practice
5-17 as a licensed practical nurse or vocational nurse in the party
5-18 state. To obtain or retain a license, an applicant must meet the
5-19 home state's qualifications for a license and license renewal as
5-20 well as all other applicable state laws.
5-21 (b) A party state may, in accordance with state due process
5-22 laws, limit or revoke the multistate licensing privilege of any
5-23 nurse to practice in the party state and may take any other
5-24 necessary actions under the party state's applicable laws to
5-25 protect the health and safety of the party state's citizens. If a
5-26 party state takes this action, the party state shall promptly
5-27 notify the administrator of the coordinated licensure information
6-1 system. The administrator of the coordinated licensure information
6-2 system shall promptly notify the home state of any such actions by
6-3 remote states.
6-4 (c) A nurse practicing in a party state must comply with the
6-5 state practice laws of the state in which the patient is located at
6-6 the time care is provided. The practice of nursing includes
6-7 patient care and all nursing practice defined by the party state's
6-8 practice laws. The practice of nursing will subject a nurse to the
6-9 jurisdiction of the nurse licensing board, the courts, and the laws
6-10 of the party state.
6-11 (d) This compact does not affect additional requirements
6-12 imposed by states for advanced practice registered nursing.
6-13 However, a multistate licensing privilege to practice registered
6-14 nursing granted by a party state shall be recognized by another
6-15 party state as a license to practice registered nursing if the
6-16 state's law requires the license as a precondition for qualifying
6-17 for advanced practice registered nurse authorization.
6-18 (e) Individuals not residing in a party state may apply for
6-19 a nurse license under the laws of a party state. However, the
6-20 license granted to these individuals will not be recognized as
6-21 granting the privilege to practice nursing in any other party state
6-22 unless explicitly agreed to by that party state.
6-23 ARTICLE 4. APPLICATION FOR LICENSE IN A PARTY STATE. (a)
6-24 Once an application for a license is submitted, the licensing board
6-25 in a party state shall ascertain, through the coordinated licensure
6-26 information system, whether:
6-27 (1) the applicant has held or is the holder of a
7-1 license issued by another state;
7-2 (2) a restriction exists on the multistate licensing
7-3 privilege; and
7-4 (3) any other adverse action by any state has been
7-5 taken against the license.
7-6 (b) A nurse in a party state shall hold a license that is
7-7 issued by the home state in only one party state at a time.
7-8 (c) A nurse who intends to change the nurse's primary state
7-9 of residence may apply for a license in the new home state in
7-10 advance of the change. However, a new license will not be issued by
7-11 a party state until a nurse provides satisfactory evidence to the
7-12 new home state's licensing board of a change in the nurse's primary
7-13 state of residence.
7-14 (d) When a nurse changes the nurse's primary state of
7-15 residence by moving from:
7-16 (1) a party state to another party state and obtains a
7-17 license from the new home state, the license from the former home
7-18 state is no longer valid;
7-19 (2) a non-party state to a party state and obtains a
7-20 license from the new home state, the individual state license
7-21 issued by the non-party state is not affected and remains in full
7-22 force if provided by the laws of the non-party state; and
7-23 (3) a party state to a non-party state, the license
7-24 issued by the prior home state converts to a state license valid
7-25 only in the former home state and does not entitle the nurse to the
7-26 multistate licensing privilege to practice in other party states.
7-27 ARTICLE 5. ADVERSE ACTIONS. (a) The licensing board of a
8-1 remote state shall promptly report to the administrator of the
8-2 coordinated licensure information system a remote state action and
8-3 the factual and legal basis for the action, if known. The licensing
8-4 board of a remote state shall promptly report any significant
8-5 current investigative information yet to result in a remote state
8-6 action. The administrator of the coordinated licensure information
8-7 system shall promptly notify the home state of these reports.
8-8 (b) The licensing board of a party state shall have the
8-9 authority to complete a pending investigation of a nurse who
8-10 changes the nurse's primary state of residence during the course of
8-11 the investigation and to take appropriate action. The licensing
8-12 board shall promptly report the conclusions of the investigations
8-13 to the administrator of the coordinated licensure information
8-14 system. The administrator of the coordinated licensure information
8-15 system shall promptly notify the new home state of any action.
8-16 (c) A remote state may take adverse action affecting the
8-17 multistate licensing privilege to practice in that party state.
8-18 However, only the home state has the power to impose adverse action
8-19 against the license issued by the home state.
8-20 (d) For purposes of imposing adverse action, the licensing
8-21 board of the home state shall give the same priority and effect to
8-22 reported conduct received from a remote state as it would to
8-23 conduct occurring in the home state. In so doing, the licensing
8-24 board shall apply its state laws to determine appropriate action.
8-25 (e) The home state may take adverse action based on the
8-26 factual findings of the remote state only if each state follows its
8-27 own procedures for imposing the adverse action.
9-1 (f) This compact does not affect a party state's decision
9-2 that participation in an alternative program may be used instead of
9-3 licensing action and that the participation shall remain non-public
9-4 if required by the party state's laws. Party states must require a
9-5 nurse who enters an alternative program to agree not to practice in
9-6 any other party state during the term of the alternative program
9-7 without prior authorization from the other party state.
9-8 ARTICLE 6. ADDITIONAL AUTHORITIES OF PARTY STATE NURSE
9-9 LICENSING BOARDS. (a) Notwithstanding any other powers, party
9-10 state nurse licensing boards have the authority to:
9-11 (1) if otherwise permitted by state law, recover from
9-12 the affected nurse the costs of investigations and disposition of
9-13 cases resulting from any adverse action taken against the nurse;
9-14 (2) issue subpoenas for hearings and investigations
9-15 that require the attendance and testimony of witnesses and the
9-16 production of evidence;
9-17 (3) issue a cease and desist order to limit or revoke
9-18 a nurse's authority to practice in the state; and
9-19 (4) adopt uniform rules as provided under Article 8(c)
9-20 of this compact.
9-21 (b) A subpoena issued by a nurse licensing board in a party
9-22 state for the attendance and testimony of witnesses or the
9-23 production of evidence from another party state shall be enforced
9-24 in the non-issuing party state by a court of competent jurisdiction
9-25 in accordance with the practice and procedure applicable to
9-26 subpoenas issued in proceedings pending before the court. The
9-27 issuing authority shall pay any witness fees, travel expenses,
10-1 mileage, and other fees required by the service statutes of the
10-2 state in which a witness or evidence is located.
10-3 ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM. (a)
10-4 All party states shall participate in a cooperative effort to
10-5 create a coordinated database of all licensed registered nurses,
10-6 licensed practical nurses, and licensed vocational nurses. This
10-7 system will include information on the licensing and disciplinary
10-8 history of each nurse, as contributed by party states, to assist in
10-9 the coordination of nurse licensing and enforcement efforts.
10-10 (b) Notwithstanding any other provision of law, all party
10-11 states' licensing boards shall promptly report to the coordinated
10-12 licensure information system adverse actions, actions against
10-13 multistate licensing privileges, any current significant
10-14 investigative information yet to result in adverse action, and
10-15 denials of applications and the reasons for the denials.
10-16 (c) Current significant investigative information shall be
10-17 transmitted only to party state licensing boards through the
10-18 coordinated licensure information system.
10-19 (d) Notwithstanding any other provision of law, all party
10-20 states' licensing boards that contribute information to the
10-21 coordinated licensure information system may designate information
10-22 that may not be shared with non-party states or disclosed to other
10-23 entities or individuals without the express permission of the
10-24 contributing state.
10-25 (e) Any personally identifiable information obtained by a
10-26 party state's licensing board from the coordinated licensure
10-27 information system may not be shared with non-party states or
11-1 disclosed to other entities or individuals except to the extent
11-2 permitted by the laws of the party state contributing the
11-3 information.
11-4 (f) Information contributed to the coordinated licensure
11-5 information system that is subsequently required to be expunged by
11-6 the laws of the party state contributing that information shall be
11-7 expunged from the coordinated licensure information system.
11-8 (g) Each compact administrator shall act jointly and in
11-9 consultation with the administrator of the coordinated licensure
11-10 information system to formulate necessary and proper procedures for
11-11 the identification, collection, and exchange of information under
11-12 this compact.
11-13 ARTICLE 8. COMPACT ADMINISTRATION AND EXCHANGE OF
11-14 INFORMATION. (a) The presiding officer of the nurse licensing
11-15 board of a party state or the presiding officer's designee shall be
11-16 the administrator of this compact for the state.
11-17 (b) The compact administrator of each party state shall
11-18 furnish to the compact administrator of each other party state
11-19 information and documents including a uniform data set of
11-20 investigations, identifying information, licensing data, and
11-21 disclosable alternative program participation information to
11-22 facilitate the administration of this compact.
11-23 (c) Compact administrators have the authority to develop
11-24 uniform rules to facilitate and coordinate implementation of this
11-25 compact. The uniform rules shall be adopted by party states under
11-26 Article 6(a)(4) of this compact.
11-27 ARTICLE 9. IMMUNITY. A party state or an officer, employee,
12-1 or agent of a party state's nurse licensing board who acts in
12-2 accordance with the provisions of this compact is not liable for
12-3 any good faith act or omission that occurs while the person is
12-4 performing the persons's duties under this compact. Good faith in
12-5 this article does not include wilful misconduct, gross negligence,
12-6 or recklessness.
12-7 ARTICLE 10. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a)
12-8 This compact enters into force and takes effect for a state when
12-9 the state enacts this compact as law. A party state may withdraw
12-10 from the compact by enacting a statute repealing the compact, but a
12-11 withdrawal takes effect six months after the date the withdrawing
12-12 state gives notice of the withdrawal to the executive heads of all
12-13 other party states.
12-14 (b) The validity or applicability of a report of adverse
12-15 action occurring before a withdrawal from the compact does not
12-16 affect the licensing boards of a state that remains a party to the
12-17 compact.
12-18 (c) This compact does not invalidate or prevent any nurse
12-19 licensing agreement or other cooperative arrangement between a
12-20 party state and a non-party state that is made in accordance with
12-21 the other provisions of this compact.
12-22 (d) This compact may be amended by the party states. An
12-23 amendment to this compact is not effective or binding on the party
12-24 states unless and until all party states enact the amendment into
12-25 the law of each state.
12-26 ARTICLE 11. CONSTRUCTION AND SEVERABILITY. (a) This
12-27 compact shall be liberally construed to effectuate the compact's
13-1 purposes.
13-2 (b) This compact is severable. If a phrase, clause,
13-3 sentence, or provision of this compact is declared to be contrary
13-4 to the constitution of a party state or the United States or the
13-5 applicability of this compact to a government, agency, person, or
13-6 circumstance is held invalid, the validity and applicability of the
13-7 remainder of the compact to a government, agency, person, or
13-8 circumstance is not affected. If this compact is held to be
13-9 contrary to the constitution of a party state, the compact remains
13-10 in full force and effect for the other party states and in full
13-11 force and effect for the party state affected for all severable
13-12 matters.
13-13 (c) If the party states need to settle a dispute under the
13-14 compact the party states may submit the issues in dispute to an
13-15 arbitration panel comprised of:
13-16 (A) an individual appointed by the compact
13-17 administrator in the home state;
13-18 (B) an individual appointed by the compact
13-19 administrator in each remote state involved; and
13-20 (C) an individual mutually agreed upon by the compact
13-21 administrators of each party state involved in the dispute.
13-22 (d) The decision of a majority of the arbitrators shall be
13-23 final and binding.
13-24 Sec. 2. The executive directors of the Board of Nurse
13-25 Examiners and the Board of Vocational Nurse Examiners are the nurse
13-26 licensure compact administrators for this state. The executive
13-27 director of the Board of Nurse Examiners is responsible for
14-1 administering matters relating to registered nurses. The executive
14-2 director of the Board of Vocational Nurse Examiners is responsible
14-3 for administering matters relating to licensed vocational nurses.
14-4 Sec. 3. The Board of Nurse Examiners and the Board of
14-5 Vocational Nurse Examiners may adopt rules necessary to implement
14-6 this article.
14-7 Sec. 4. The terms "nurse," "registered nurse," and
14-8 "vocational nurse" include nurses licensed as registered nurses or
14-9 vocational nurses by a state that is a party to the Nurse Licensure
14-10 Compact. Unless the context indicates otherwise or doing so would
14-11 be inconsistent with the Nurse Licensure Compact, nurses practicing
14-12 in this state under a license issued by a state that is a party to
14-13 the Nurse Licensure Compact have the same rights and obligations as
14-14 imposed by the laws of this state on license holders of the Board
14-15 of Nurse Examiners or the Board of Vocational Nurse Examiners. The
14-16 Board of Nurse Examiners and the Board of Vocational Nurse
14-17 Examiners have the authority to determine whether a right or
14-18 obligation imposed on license holders applies to nurses practicing
14-19 in this state under a license issued by a state that is a party to
14-20 the Nurse Licensure Compact unless that determination is
14-21 inconsistent with the Nurse Licensure Compact.
14-22 Sec. 5. The Board of Nurse Examiners and the Board of
14-23 Vocational Nurse Examiners are the state agencies responsible for
14-24 taking action against registered and vocational nurses practicing
14-25 in this state under a license issued by a state that is a party to
14-26 the Nurse Licensure Compact as authorized by the Nurse Licensure
14-27 Compact. The action shall be taken in accordance with the same
15-1 procedures for taking action against registered and vocational
15-2 nurses licensed by this state.
15-3 Sec. 6. On request and payment of a reasonable fee, the
15-4 Board of Nurse Examiners and the Board of Vocational Nurse
15-5 Examiners shall provide a registered or vocational nurse licensed
15-6 by this state with a copy of information regarding the nurse
15-7 maintained by the Coordinated Licensure Information System under
15-8 Article 7 of the Nurse Licensure Compact. A board is not obligated
15-9 to provide information not available to the board or information
15-10 that is not available to the nurse under the laws of the state
15-11 contributing the information to the Coordinated Licensure
15-12 Information System.
15-13 Sec. 7. Practice-related information provided by the Board
15-14 of Nurse Examiners or the Board of Vocational Nurse Examiners to
15-15 registered or vocational nurses licensed by this state shall be
15-16 made available by the boards on request and at a reasonable cost to
15-17 nurses practicing in this state under a license issued by a state
15-18 that is a party to the Nurse Licensure Compact.
15-19 Sec. 8. The Nurse Licensure Compact expires on December 31,
15-20 2005, unless this section is repealed or the expiration date is
15-21 extended.
15-22 SECTION 2. Section 4, Article 4518, Revised Statutes, is
15-23 amended to read as follows:
15-24 Sec. 4. Any person practicing or offering to practice
15-25 professional nursing in this state for compensation, shall
15-26 hereafter be required to submit evidence to the Board that the
15-27 person is qualified to practice and shall be registered as provided
16-1 by this law unless the person is entitled to practice in this state
16-2 under the Nurse Licensure Compact under Article 4528b, Revised
16-3 Statutes.
16-4 SECTION 3. Chapter 7, Title 71, Revised Statutes, is amended
16-5 by adding Article 4525.01 to read as follows:
16-6 Art. 4525.01. ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION.
16-7 (a) A person is subject to being refused admission to a licensing
16-8 examination, to denial of a license, or to disciplinary action by
16-9 the board if the person's privilege to practice nursing in another
16-10 jurisdiction is revoked, suspended, denied, or subjected to any
16-11 other disciplinary action.
16-12 (b) A certified copy of the order of denial, suspension, or
16-13 revocation of the privilege or the other action by the jurisdiction
16-14 is conclusive evidence of that action.
16-15 SECTION 4. Section 3, Article 4527a, Revised Statutes, is
16-16 amended to read as follows:
16-17 Sec. 3. (a) No person, unless he or she is licensed under
16-18 this chapter, may practice professional nursing or use in
16-19 connection with his or her name the title "registered nurse,"
16-20 "professional nurse," or "graduate nurse," the abbreviation "R.N.,"
16-21 or any designation tending to imply that he or she is a licensed
16-22 registered nurse.
16-23 (b) This section does not apply to a person practicing
16-24 professional nursing under the Nurse Licensure Compact under
16-25 Article 4528b, Revised Statutes.
16-26 SECTION 5. Section 2(a), Chapter 118, Acts of the 52nd
16-27 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
17-1 Civil Statutes), is amended to read as follows:
17-2 (a) A person may not use the designation Licensed Vocational
17-3 Nurse or the abbreviation L.V.N., unless such person shall hold a
17-4 license issued by the Board pursuant to the provisions of this Act.
17-5 This subsection does not apply to a person practicing vocational
17-6 nursing under the Nurse Licensure Compact under Article 4528b,
17-7 Revised Statutes.
17-8 SECTION 6. Section 10(a), Chapter 118, Acts of the 52nd
17-9 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
17-10 Civil Statutes), is amended to read as follows:
17-11 (a) The Board may refuse to admit persons to its
17-12 examinations, may refuse to issue or renew a license, may refuse to
17-13 issue a temporary permit, may issue a warning or reprimand, may
17-14 place on probation a person whose license has been suspended, or
17-15 may suspend or may revoke the license of any practitioner of
17-16 vocational nursing for any of the following reasons:
17-17 (1) violation of this Act or of any rule, regulation,
17-18 or order issued under this Act;
17-19 (2) commission of fraud or deceit in procuring or
17-20 attempting to procure a license to practice vocational nursing;
17-21 (3) conviction of a crime of the grade of felony or a
17-22 crime of a lesser grade which involves moral turpitude;
17-23 (4) use of any nursing license, certificate, diploma,
17-24 or permit or transcript of the license, certificate, diploma, or
17-25 permit, which has been fraudulently purchased, issued,
17-26 counterfeited, or materially altered;
17-27 (5) impersonation of or the acting as a proxy for
18-1 another in any examination required by law to obtain a license to
18-2 practice vocational nursing;
18-3 (6) knowingly aiding or abetting any unlicensed person
18-4 in connection with the unauthorized practice of vocational nursing;
18-5 (7) revocation, suspension, or denial of a license to
18-6 practice vocational or practical nursing in another jurisdiction or
18-7 revocation, suspension, or denial of a license or a privilege to
18-8 practice professional nursing in this state or in another
18-9 jurisdiction; certified copy of the order of denial, suspension,
18-10 or revocation shall be conclusive evidence of that fact;
18-11 (8) intemperate use of alcohol or drugs;
18-12 (9) unprofessional or dishonorable conduct that, in
18-13 the opinion of the Board, is likely to deceive, defraud, or injure
18-14 the public;
18-15 (10) adjudication of mental incompetency; or
18-16 (11) lack of fitness to practice by reason of mental
18-17 or physical health that may result in injury to patients or the
18-18 public.
18-19 SECTION 7. (a) Not later than January 1, 2000, the Board of
18-20 Nurse Examiners and the Board of Vocational Nurse Examiners shall
18-21 participate in a nurse licensure compact evaluation initiative
18-22 designed to evaluate the effectiveness and operability of the Nurse
18-23 Licensure Compact.
18-24 (b) The evaluation initiative shall be conducted by a
18-25 qualified researcher. A component of the evaluation initiative
18-26 shall be a state practice identification system through which
18-27 nurses designate the states in which they practice and that
19-1 provides for updating the information at the time of issuance and
19-2 renewal of licenses.
19-3 (c) The evaluation initiative shall continue at least
19-4 through June 1, 2004, after which a report shall be produced and
19-5 submitted for comment by the Board of Nurse Examiners and the Board
19-6 of Vocational Nurse Examiners.
19-7 (d) The report and the boards' comments shall be submitted
19-8 to the legislature not later than October 1, 2004, in the form of a
19-9 Nurse Licensure Compact evaluation report.
19-10 (e) The boards may accept and spend money made available by
19-11 the federal or state government or by another public or private
19-12 source to fund participation in the evaluation initiative.
19-13 SECTION 8. (a) Except as provided by Subsection (b) of this
19-14 section, this Act takes effect January 1, 2000.
19-15 (b) Article 4528b, Revised Statutes, as added by this Act,
19-16 takes effect January 1, 2000, unless the governor, on the
19-17 recommendation of the Board of Nurse Examiners and the Board of
19-18 Vocational Nurse Examiners, determines a later date would be in the
19-19 best interest of the state.
19-20 SECTION 9. The importance of this legislation and the
19-21 crowded condition of the calendars in both houses create an
19-22 emergency and an imperative public necessity that the
19-23 constitutional rule requiring bills to be read on three several
19-24 days in each house be suspended, and this rule is hereby suspended.