335.320. Adverse actions.
Adverse actions.
335.320. In addition to the general provisions described in article IIIof this compact, the following provisions apply:
(1) The licensing board of a remote state shall promptly report to theadministrator of the coordinated licensure information system any remote stateactions including the factual and legal basis for such action, if known. Thelicensing board of a remote state shall also promptly report any significantcurrent investigative information yet to result in a remote state action. Theadministrator of the coordinated licensure information system shall promptlynotify the home state of any such reports;
(2) The licensing board of a party state shall have the authority tocomplete any pending investigations for a nurse who changes primary state ofresidence during the course of such investigations. It shall also have theauthority to take appropriate actions, and shall promptly report theconclusions of such investigations to the administrator of the coordinatedlicensure information system. The administrator of the coordinated licensureinformation system shall promptly notify the new home state of any suchactions;
(3) A remote state may take adverse action affecting the multistatelicensure privilege to practice within that party state. However, only thehome state shall have the power to impose adverse action against the licenseissued by the home state;
(4) For purposes of imposing adverse action, the licensing board of thehome state shall give the same priority and effect to reported conductreceived from a remote state as it would if such conduct had occurred withinthe home state, in so doing, it shall apply its own state laws to determineappropriate action;
(5) The home state may take adverse action based on the factual findingsof the remote state, so long as each state follows its own procedures forimposing such adverse action;
(6) Nothing in this compact shall override a party state's decision thatparticipation in an alternative program may be used in lieu of licensureaction and that such participation shall remain nonpublic if required by theparty state's laws. Party states must require nurses who enter anyalternative programs to agree not to practice in any other party state duringthe term of the alternative program without prior authorization from suchother party state.
(L. 2009 S.B. 296)