N.D. Admin. Code 54-02-10-02

Current through Supplement No. 394, October, 2024
Section 54-02-10-02 - Definitions

As used in this compact:

1. "Adverse action" means a home or remote state action.

2. "Alternative program" means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board.

3. "Board" means a party state's regulatory body responsible for issuing nurse licenses.

4. "Compact" means the nurse licensure compact.

5. "Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws, which is administered by a nonprofit organization composed of and controlled by state nurse licensing boards.

6. "Current significant investigative information" means:

a. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or

b. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.

7. "Home state" means the party state which is the nurse's primary state of residence.

8. "Home state action" means any administrative, civil, equitable, or criminal action permitted by the home state's laws which are imposed on a nurse by the home state's licensing board or other authority, including actions against an individual's license such as revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.

9. "Information system" means the coordinated licensure information system.

10. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.

11. "Multistate disciplinary case" means an allegation or violation by a licensee practicing on a compact privilege in a remote state. The involved compact states shall work cooperatively, each contributing toward resolution of the matter.

12. "Multistate licensure privilege" means current, official authority from a remote state permitting the practice of nursing as either a registered nurse or a licensed practical or vocational nurse in such party state. All party states have the authority, in accordance with existing state due process law, to take actions against the nurse's privilege such as revocation, suspension, probation, or any other action which affects a nurse's authorization to practice.

13. "Nurse" means a registered nurse or licensed practical or vocational nurse, as those terms are defined by each party's state practice laws.

14. "Party state" means any state that has adopted this compact.

15. "Primary state of residence" means the state of a person's declared fixed permanent and principal home for legal purposes or domicile.

16. "Public" means any individual or entity other than designated staff or representatives of party state boards or the national council of state boards of nursing, incorporated.

17. "Remote state" means a party state, other than the home state:

a. Where the patient is located at the time nursing care is provided; or

b. In the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located.

18. "Remote state action" means:

a. Any administrative, civil, equitable, or criminal action permitted by a remote state's laws which are imposed on a nurse by the remote state's licensing board or other authority, including actions against an individual's multistate licensure privilege to practice in the remote state; and

b. Cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.

19. "Single state license" means a license issued by a state board of nursing that authorizes practice only in the state of issuance.

20. "State" means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

21. "State practice laws" means those individual party's state laws and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" does not include the initial qualifications for licensure or requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.

N.D. Admin Code 54-02-10-02

Effective May 1, 2003; amended effective July 1, 2008; April 1, 2011.

General Authority: NDCC 43-12.1-08

Law Implemented: NDCC 43-51