Chapter 22. Multistate Licensure Compact Regulations
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means the regulatory body responsible for issuing nurse licenses.
(2)
“Information System” means the coordinated licensure information system.
(3)
“Primary state of residence” means the state of an individual's declared, fixed, permanent, and principal home for legal purposes: domicile.
(4)
“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, Inc.
Regulation .02 Issuance of a License by a Compact Party State.LinkCopy Citation
A.
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:
(a)
Driver's license with a home address;
(b)
Voter registration card displaying a home address;
(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.
F.
A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multistate licensure privilege during the processing of the nurse’s licensure application in the new home state for a period not to exceed 90 days.
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 §F of this regulation shall be stayed until resolution of the pending investigation.
H.
The former home state license is not valid upon the issuance of a new home state license.
I.
If a decision is made by the new home state denying licensure, the new home state shall notify the former home state within 10 business days, and the former home state may take action in accordance with that state's laws and regulations.
Regulation .03 Limitations on Multistate Licensure Privilege — Discipline.LinkCopy Citation
A.
Home state boards shall include, in all disciplinary orders or agreements that limit practice or require monitoring, the requirement that the licensee subject to the order or agreement shall limit the licensee's practice to the home state during the pendency of the disciplinary order or agreement.
B.
The requirement referred to in §A of this regulation may, in the alternative, allow the nurse to practice in other party states with prior written authorization from both the home state and other party state boards.
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.
Regulation .04 Information System.LinkCopy Citation
A.
Levels of Access.
(1)
Public access to nurse licensure information shall be limited to:
(a)
The licensee's name;
(b)
Jurisdictions of licensure;
(c)
Licensure expiration date;
(d)
Licensure classification and status;
(e)
Public emergency, summary, and final disciplinary actions, as defined by contributing state authority; and
(f)
The status of multistate licensure privileges.
(2)
Non-party state boards shall have access to all 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 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 Information System.
(2)
If a licensee asserts that any data relating to the licensee is inaccurate, the burden of proof is on the licensee to provide evidence substantiating that claim.
(3)
Within 10 business days, the Board shall correct information that it finds to be inaccurate in the Information System.
C.
Changes in Disciplinary Data.
(1)
Within 10 business days, the Board shall report to the Information System:
(a)
Disciplinary action, agreement, or order requiring participation in alternative programs or which limit practice or require monitoring unless the agreement or order relating to participation in alternative programs is required to remain nonpublic by the contributing state authority;
(b)
Dismissal of the complaint; and
(c)
Changes in status of disciplinary action, or licensure encumbrance.
(2)
The Board shall delete current significant investigative information from the Information System within 10 business days after:
(a)
A disciplinary action;
(b)
An agreement or order requiring participation in alternative programs;
(c)
An agreement or agreements which limit practice or require monitoring; or
(d)
Dismissal of a complaint.
(3)
The Information System administrator shall make changes to licensure information in the Information System within 10 business days upon notification by a board.
Chapter annotations
Authority: Health Occupations Article, §§8-205(a)(1) and 8-7A-01—8-7A-05, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 adopted as an emergency provision effective January 1, 2000 (27:2 Md. R. 140); adopted permanently effective April 17, 2000 (27:7 Md. R. 705)
History: Regulation .01B amended effective August 28, 2017 (44:17 Md. R. 835)
History: Regulation .02 amended effective August 28, 2017 (44:17 Md. R. 835)
History: Regulation .02B, C amended effective January 18, 2016 (43:1 Md. R. 13)
History: Regulation .03 amended effective August 28, 2017 (44:17 Md. R. 835)
History: Regulation .04 amended effective August 28, 2017 (44:17 Md. R. 835)