No. 38921 (Amendment): Section R156-31c-201. Issuing a License

(Amendment)

DAR File No.: 38921
Filed: 10/28/2014 01:38:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Recognizing the difficulty that some states have processing nurse licensing applications in a timely manner, the National Council of State Boards of Nursing (NCSBN) recently amended the Nurse Licensure Compact Model Rules and Regulations to extend the time period for application processing from 30 days to 90 days. As a result of this national change, a related change is made to the Division's Nurse Licensure Compact Rule.

Summary of the rule or change:

Amendment to Subsection R156-31c-201(6) extends the length of time a nurse may continue to practice in Utah under the former home-state license and multi-state licensure privilege, during the processing of the nurse's Utah licensure application from 30 days to 90 days. Amendments to Subsection R156-31c-201(7) update the period of time that shall be stayed until resolution of the pending investigation in the event that a nurse applies for licensure in Utah as a new home state while under pending investigation by the former home state.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Section 58-31c-103

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to nurses with compact licenses from other states who are declaring Utah as their new home state and seeking home-state licensure in Utah. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments apply only to nurses with compact licenses from other states who are declaring Utah as their new home state and seeking home-state licensure in Utah. Applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments apply only to nurses with compact licenses from other states who are declaring Utah as their new home state and seeking home-state licensure in Utah. As a result, no costs or savings are anticipated for other persons.

Compliance costs for affected persons:

The proposed amendments apply only to nurses with compact licenses from other states who are declaring Utah as their new home state and seeking home-state licensure in Utah. The Division anticipates the proposed amendments will not result in compliance costs for applicants nor will they affect application fees.

Comments by the department head on the fiscal impact the rule may have on businesses:

This filing increases (from 30 days to 90 days) the time period during which a nurse may practice in Utah under a license that has been issued by another state and that is subject to the multi-state licensure privilege. This change will allow an individual nurse to pursue employment while an application for licensure is under review with the Division. No fiscal impact to businesses is anticipated.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Suzette Farmer at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2014

This rule may become effective on:

12/22/2014

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-31c. Nurse Licensure Compact Rule.

R156-31c-201. Issuing a License.

(1) As of July 1, 2005 no applicant for initial licensure will be issued a compact license granting a multi-state privilege to practice unless the applicant first obtains a passing score on the applicable NCLEX examination or any predecessor examination used for licensure.

(2) 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) 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) W-2 form from the United States government or any bureau, division or agency thereof indicating the declared state of residence.

(3) 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.

(4) 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.

(5) When a party state issues a license authorizing practice only in that state and not authorizing practice in other party states (i.e. a single state license), the license shall be clearly marked with words indicating that it is valid only in the state of issuance.

(6) 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 multi-state privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed [30]90 days.

(7) 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 [30]90 day period in Subsection ([2]6) shall be stayed until resolution of the pending investigation.

(8) The former home state license shall be expired and no longer valid upon the issuance of a new home state license.

(9) 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 shall take action in accordance with that state's laws and rules.

 

KEY: nurses, licensing

Date of Enactment or Last Substantive Amendment: [August 16, 2010]2014

Notice of Continuation: August 21, 2014

Authorizing, and Implemented or Interpreted Law: 58-31c-103; 58-1-106(1)(a)

 

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