Statutes, codes, and regulations
Colorado Administrative Code
Department 700 - Department of Regulatory AgenciesDivision 716 - Division of Professions and Occupations - State Board of Nursing
Rule 3 CCR 716-1 - NURSING RULES AND REGULATIONS
Section 3 CCR 716-1.19 - RULES AND REGULATIONS FOR MULTISTATE NURSE LICENSURE

3 Colo. Code Regs. § 716-1.19

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Current through Register Vol. 47, No. 22, November 25, 2024
Section 3 CCR 716-1.19 - RULES AND REGULATIONS FOR MULTISTATE NURSE LICENSURE
A.BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing is set forth in sections 12-255-107(1), and (4), 12-255-110, 12-255-114,and 24-60-3201, and 3202, C.R.S.
B.PURPOSE: To revise the Nurse Licensure Compact and specify the requirements, pursuant to the enhanced Nurse Licensure Compact, for recognition of a professional or practical nursing license issued by a Home State as authorizing a Multistate Licensure Privilege in a Party State. The purpose of the amendments is to incorporate the enhanced nurse licensure compact rules.
C.DEFINITIONS:

For the purposes of Rule 1.20, the following terms have the indicated meaning:

1. Alternative Program: A voluntary, non-disciplinary monitoring program for Nurses, approved by the licensing entity of a state or territory.
2. Board: A Party State's regulatory body responsible for issuing Nurse licenses.
3. Coordinated Licensure Information System: 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 non-profit organization composed of state Nurse licensing boards.
4. Commission: The Interstate Commission of Nurse Licensure Compact Administrators.
5. Compact: The Nurse Licensure Compact that became effective on July 20, 2017 and was implemented on January 19, 2018.
6. Convert: To change a multistate license to a single-state license if a nurse changes primary state of residence by moving from a Party State to a non-party state, or to change a single-state license to a multistate license once any disqualifying events are eliminated.
7. Coordinated Licensure Information System: 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 non-profit organization composed of state Nurse licensing boards.
8. Deactivate: To change the status of a multistate license or privilege to practice.
9. Director: The individual referred to in Article IV of the Interstate Commission of Nurse Licensure Compact Administrators Bylaws.
10. Disqualifying Event: An incident, which results in a person becoming disqualified or ineligible to retain or renew a multistate license. These include but are not limited to the following: any adverse action resulting in an encumbrance, current participation in an alternative program, a misdemeanor offense related to the practice of nursing (which includes, but is not limited to, an agreed disposition), or a felony offense (which includes, but is not limited to, an agreed disposition).
11. Independent Credentials Review Agency: A non-governmental evaluation agency that verifies and certifies that foreign nurse graduates have graduated from nursing programs that are academically equivalent to nursing programs in the United States.
12. Licensure: Includes the authority to practice nursing granted through the process of examination, endorsement, renewal, reinstatement and/or reactivation.
13. Prior Compact: The Nurse Licensure Compact that was in effect until January 19, 2018.
14. Unencumbered License: A license that authorizes a nurse to engage in the full and unrestricted practice of nursing.
15. Current Significant Investigative Information:
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.
16. Home State: The Party State that is the Nurse's Primary State of Residence.
17. Information System: The Coordinated Licensure Information System.
18. Multistate Licensure Privilege: A current, official authority from a Remote State permitting the practice of nursing as a professional or practical nurse in such Party State.
19. Nurse: A professional or practical nurse, as that term is defined by each Party State's practice laws.
20. Party State: Any state that has adopted the Interstate Nurse Licensure Compact.
21. Primary State of Residence: The state of a person's declared fixed, permanent, and principal home for legal purposes; domicile.
22. Public: Any individual or entity other than designated staff or representatives of Party State boards or the National Council of State Boards of Nursing, Inc.
23. Remote State: A Party State, other than the Home State, where the patient or recipient of nursing practice is located at the time nursing services are provided.
24. Single State License: A professional or practical nursing license that is valid only for practice in the granting state and not valid for practice in other Party States.
D.ISSUANCE OF A LICENSE
1. No applicant for initial licensure may be issued a compact license granting a multi-state privilege to practice, unless the applicant first obtains a passing score on the applicable National Council Licensure Examination (NCLEX) or any predecessor examination used for licensure, and has satisfied all other conditions required by the Board.
2. A Nurse applying for a license in a Home State shall produce evidence of the Nurse's Primary State of Residence. Such evidence shall include a declaration signed by the licensee. Further evidence that may be requested may include, but is not limited to:
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. Form W-2 from U. S. Government or any bureau, division or agency thereof, indicating the declared state of residence.
3. A Nurse applicant who is a citizen of a foreign country and working, working on a visa, and applying for multistate licensure in a Party State, may declare either their country of origin or the Party State where they are living as the Primary State of Residence. If the foreign country is declared the Primary State of Residence, a Single State License will be issued by the Party State if the applicant meets the licensure requirements.
4. A multistate 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.
5. When a Party State issues a Single State License, the license shall be clearly marked with the words "Single State", indicating that it is valid only in the state of issuance.
6. A nurse who changes his or her primary state of residence from one party state to another party state may continue to practice under the existing multistate license while the nurse's application is processed and a multistate license is issued in the new primary state of residence.
7. The former Home State multistate license shall no longer be valid upon the issuance of a new Home State multistate license.
8. If a licensee holding a multistate license changes primary state of residence to a non-party state, the party state shall convert the multistate license to a single state license within fifteen days and report the conversion to the Licensure Information System.
E.CREDENTIALING AND ENGLISH PROFICIENCY FOR FOREIGN NURSE GRADUATES
1. A party state shall verify that an independent credentials review agency evaluated the credentials of graduates as set forth in Article III 9 (c) (2) ii.
2. The party state shall verify successful completion of an English proficiency examination for graduates as set forth in Article III (c) (3).
F.DEACTIVATION, DISCIPLINE, AND REVOCATION OF MULTISTATE LICENSURE PRIVILEGE
1. A party state shall determine whether a disqualifying event will result in adverse action or deactivation of a multistate license or privilege. Upon deactivation due to a disqualifying event, the home state may issue a single state license.
2. An individual who had a license which was surrendered, revoked, suspended, or an application denied for cause in a prior Home State, may be issued a Single State License in a new Home State until such time as the individual would be eligible for an unrestricted license in all prior Party State(s) of adverse action. Once eligible for licensure in all prior state(s), a multistate license may be issued.
G.COORDINATED LICENSURE INFORMATION SYSTEM
1. Uniform data set and levels of access:
a. The Compact Administrator of each Party State shall furnish uniform data to the Coordinated Licensure Information System, which shall consist of the following:
(1) The Nurse's name;
(2) Jurisdiction(s) of licensure;
(3) License expiration date(s);
(4) Licensure classification(s), license number and status(es);
(5) Public emergency and final disciplinary actions, as defined by contributing state authority;
(6) A change in the status of a disciplinary action or licensure encumbrance;
(7) The status of Multistate Licensure Privileges.
(8) Current participation by the nurse in an alternative program;
(9) Information that is required to be expunged by the laws of a Party State;
(10) The applicant or nurse's United States social security number;
(11) Current significant investigative information;
(12) A correction to a licensee's data.
b. The public shall have access to items (a)(1) through (7) and information about a licensee 's participation in an alternative program to the extent allowed by state law.
c. Party State Boards shall have access to all Information System data contributed by the Party States and other information as limited by contributing Non-Party authority.
2. The licensee may request in writing to the Home State Board to review the data relating to the licensee in the Information System. In the event a licensee asserts that any data relating to him or her is inaccurate, the burden of proof shall be upon the licensee to provide evidence that substantiates such claim. The Board shall verify and, within ten business days, correct inaccurate data to the Information System.
3. The Board shall report to the Information System within fifteen calendar days:
a. Items in uniform data set.
b. Disciplinary action, agreement or order requiring participation in Alternative Programs or which limit practice or require monitoring (except agreements and orders relating to participation in Alternative Programs required to remain non-public by contributing state authority);
c. Dismissal of a complaint; and
d. Changes in status, if disciplinary action or licensure encumbrance.
4. Current Significant Investigative Information shall be deleted from the Information System within fifteen calendar days, upon report of any resulting:
a. Disciplinary action;
b. Agreement or order requiring participation in Alternative Programs; or
c. Agreements which limit practice or require monitoring or dismissal of a complaint.
5. Changes to licensure information in the Information system shall be completed within fifteen calendar days, upon notification by a Board.

Adopted April 22, 2009

Effective June 30, 2009

Revised: April 23, 2013

Effective: June 14, 2013

Revised: January 24, 2019

Effective: March 17, 2019

3 CCR 716-1.19

38 CR 16, August 25, 2015, effective 9/14/2015
38 CR 20, October 25, 2015, effective 11/14/2015
38 CR 22, November 25, 2015, effective 12/30/2015
40 CR 10, May 25, 2017, effective 6/14/2017
40 CR 16, August 25, 2017, effective 9/14/2017
40 CR 16, August 25, 2017, effective 9/14/2017
42 CR 04, February 25, 2019, effective 3/17/2019
42 CR 04, February 25, 2019, effective 3/17/2019
44 CR 10, May 25, 2021, effective 6/14/2021
44 CR 22, November 25, 2021, effective 12/15/2021
45 CR 20, October 25, 2022, effective 9/22/2022
45 CR 23, December 10, 2022, effective 11/11/2022
46 CR 01, January 10, 2023, effective 12/10/2022
45 CR 22, November 25, 2022, effective 12/15/2022
46 CR 02, January 25, 2022, effective 1/9/2023
47 CR 04, February 25, 2024, effective 3/16/2024