Rhode Island General Laws 5-34.3-7. Adverse actions
In addition to the provisions described in § 5-34.3-5, the following provisions apply:
(1) The licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.
(2) The licensing board of a party state shall have the authority to complete any pending investigations for a nurse who changes primary state of residence during the course of such investigations. It shall also have the authority to take appropriate action(s), and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
(3) A remote state may take adverse action affecting the multistate licensure privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the license issued by the home state.
(4) For purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.
(5) The home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.
(6) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of licensure action and that such participation shall remain non-public if required by the party state’s laws. Party states must require nurses who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.
History of Section.
P.L. 2007, ch. 50, § 2; P.L. 2007, ch. 62, § 2.
Terms Used In Rhode Island General Laws 5-34.3-7
- Adverse action: means a home or remote state action. See Rhode Island General Laws 5-34.3-4
- Alternative program: means a voluntary, nondisciplinary monitoring program approved by a nurse licensing board. See Rhode Island General Laws 5-34.3-4
- 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. See Rhode Island General Laws 5-34.3-4
- Home state: means the party state which is the nurse's primary state of residence. See Rhode Island General Laws 5-34.3-4
- Licensing board: means a party state's regulatory body responsible for issuing nurse licenses. See Rhode Island General Laws 5-34.3-4
- 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/vocational nurse in such party state. See Rhode Island General Laws 5-34.3-4
- Nurse: means a registered nurse or licensed practical/vocational nurse, as those terms are defined by each party's state practice laws. See Rhode Island General Laws 5-34.3-4
- Party state: means any state that has adopted this compact. See Rhode Island General Laws 5-34.3-4
- Remote state: means a party state, other than the home state, where the patient is located at the time nursing care is provided, or, in the case of the practice of nursing not involving a patient, in such party state where the recipient of nursing practice is located. See Rhode Island General Laws 5-34.3-4
- Remote state action: means 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 cease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof. See Rhode Island General Laws 5-34.3-4
- State: means a state, territory, or possession of the United States, the District of Columbia. See Rhode Island General Laws 5-34.3-4
§ 5-34.3-7. Adverse actions. [Repealed effective January 1, 2024.]
History of Section.
P.L. 2007, ch. 50, § 2; P.L. 2007, ch. 62, § 2; repealed by P.L. 2023, ch. 338, § 2, effective January 1, 2024; repealed by P.L. 2023, ch. 397, § 2, effective January 1, 2024.