N.D. Admin. Code 54-02-10-02.1

Current through Supplement No. 394, October, 2024
Section 54-02-10-02.1 - Issuance of a license by a compact party state

For purposes of this compact as of July 1, 2005, an applicant for initial licensure will not 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 predecessor examination used for licensure.

1. A nurse applying for a license in a home party 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:
a. Driver's license with a home address;
b. Federal income tax return declaring the primary state of residence;
c. Military form number 2058 - state of legal residence certificate; or
d. W2 form from United States government or any bureau, division, or agency thereof indicating the declared state of residence.
2. 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 will be issued by the party state.
3. 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 that issued the license.
4. When a party state issues a license authorizing practice only in that state and not authorizing practice in other party states, e.g., a single state license, the license shall be clearly marked with words indicating that it is valid only in the state of issuance.
5. 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 ninety calendar days.
6. 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 ninety-day period shall be stayed until resolution of the pending investigation.
7. The former home state license shall no longer be valid upon the issuance of a new home state license.
8. If a decision is made by the new home state denying licensure, the new home state shall notify the former home state within ten business days and the former home state may take action in accordance with that state's laws and rules.

N.D. Admin Code 54-02-10-02.1

Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .

General Authority: NDCC 43-12.1-08

Law Implemented: NDCC 43-51