54.1-3034 - Adverse actions.
§ 54.1-3034. Adverse actions.
In addition to the general provisions described in § 54.1-3032, the followingprovisions apply:
1. The licensing board of a remote state shall promptly report to theadministrator of the coordinated licensure information system any remotestate actions including the factual and legal basis for such action, ifknown. The licensing board of a remote state shall also promptly report anysignificant current investigative information yet to result in a remote stateaction. The administrator of the coordinated licensure information systemshall promptly notify the home state of any such reports.
2. The licensing board of a party state shall have the authority to completeany pending investigations for a nurse who changes primary state of residenceduring the course of such investigations. It shall also have the authority totake appropriate actions, and shall promptly report the conclusions of suchinvestigations to the administrator of the coordinated licensure informationsystem. The administrator of the coordinated licensure information systemshall promptly notify the new home state of any such actions.
3. A remote state may take adverse action affecting the multistate licensureprivilege to practice within that party state. However, only the home stateshall have the power to impose adverse action against the license issued bythe home state.
4. For purposes of imposing adverse action, the licensing board of the homestate shall give the same priority and effect to reported conduct receivedfrom a remote state as it would if such conduct had occurred within the homestate. 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 findings ofthe 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 non-public 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.
(2003, c. 249.)