Code of Colorado Regulations
700 - Department of Regulatory Agencies
716 - Division of Professions and Occupations - State Board of Nursing
3 CCR 716-1 - NURSING RULES AND REGULATIONS
Section 3 CCR 716-1.19 - RULES AND REGULATIONS FOR MULTISTATE NURSE LICENSURE
Universal Citation: 3 CO Code Regs 716-1 ยง 19
Current through Register Vol. 47, No. 17, September 10, 2024
A. BASIS: The authority for the promulgation of these rules and regulations by the State Board of Nursing is set forth in sections 12-255-107(1), and (4), 12-255-110, 12-255-114,and 24-60-3201, and 3202, C.R.S.
B. PURPOSE: To revise the Nurse Licensure Compact and specify the requirements, pursuant to the enhanced Nurse Licensure Compact, for recognition of a professional or practical nursing license issued by a Home State as authorizing a Multistate Licensure Privilege in a Party State. The purpose of the amendments is to incorporate the enhanced nurse licensure compact rules.
C. DEFINITIONS:
For the purposes of Rule 1.20, the following terms have the indicated meaning:
1. Alternative
Program: A voluntary, non-disciplinary monitoring program for Nurses, approved
by the licensing entity of a state or territory.
2. Board: A Party State's regulatory body
responsible for issuing Nurse licenses.
3. Coordinated Licensure Information System:
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 non-profit organization composed of state Nurse licensing
boards.
4. Commission: The
Interstate Commission of Nurse Licensure Compact Administrators.
5. Compact: The Nurse Licensure Compact that
became effective on July 20, 2017 and was implemented on January 19,
2018.
6. Convert: To change a
multistate license to a single-state license if a nurse changes primary state
of residence by moving from a Party State to a non-party state, or to change a
single-state license to a multistate license once any disqualifying events are
eliminated.
7. Coordinated
Licensure Information System: 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 non-profit organization
composed of state Nurse licensing boards.
8. Deactivate: To change the status of a
multistate license or privilege to practice.
9. Director: The individual referred to in
Article IV of the Interstate Commission of Nurse Licensure Compact
Administrators Bylaws.
10.
Disqualifying Event: An incident, which results in a person becoming
disqualified or ineligible to retain or renew a multistate license. These
include but are not limited to the following: any adverse action resulting in
an encumbrance, current participation in an alternative program, a misdemeanor
offense related to the practice of nursing (which includes, but is not limited
to, an agreed disposition), or a felony offense (which includes, but is not
limited to, an agreed disposition).
11. Independent Credentials Review Agency: A
non-governmental evaluation agency that verifies and certifies that foreign
nurse graduates have graduated from nursing programs that are academically
equivalent to nursing programs in the United States.
12. Licensure: Includes the authority to
practice nursing granted through the process of examination, endorsement,
renewal, reinstatement and/or reactivation.
13. Prior Compact: The Nurse Licensure
Compact that was in effect until January 19, 2018.
14. Unencumbered License: A license that
authorizes a nurse to engage in the full and unrestricted practice of
nursing.
15. Current Significant
Investigative Information:
a. Investigative
information that a licensing board, after a preliminary inquiry that includes
notification and an opportunity for the Nurse to respond if required by state
law, has reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction; or
b. Investigative information that indicates
that the Nurse represents an immediate threat to public health and safety,
regardless of whether the Nurse has been notified and had an opportunity to
respond.
16. Home State:
The Party State that is the Nurse's Primary State of Residence.
17. Information System: The Coordinated
Licensure Information System.
18.
Multistate Licensure Privilege: A current, official authority from a Remote
State permitting the practice of nursing as a professional or practical nurse
in such Party State.
19. Nurse: A
professional or practical nurse, as that term is defined by each Party State's
practice laws.
20. Party State: Any
state that has adopted the Interstate Nurse Licensure Compact.
21. Primary State of Residence: The state of
a person's declared fixed, permanent, and principal home for legal purposes;
domicile.
22. Public: Any
individual or entity other than designated staff or representatives of Party
State boards or the National Council of State Boards of Nursing, Inc.
23. Remote State: A Party State, other than
the Home State, where the patient or recipient of nursing practice is located
at the time nursing services are provided.
24. Single State License: A professional or
practical nursing license that is valid only for practice in the granting state
and not valid for practice in other Party States.
D. ISSUANCE OF A LICENSE
1. No applicant for initial licensure may be
issued a compact license granting a multi-state privilege to practice, unless
the applicant first obtains a passing score on the applicable National Council
Licensure Examination (NCLEX) or any predecessor examination used for
licensure, and has satisfied all other conditions required by the
Board.
2. A Nurse applying for a
license in a Home 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, but is not limited to:
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. Form
W-2 from U. S. Government or any bureau, division or agency thereof, indicating
the declared state of residence.
3. A Nurse applicant who is a citizen of a
foreign country and working, working on a visa, and applying for multistate
licensure in a Party State, may declare either their country of origin or the
Party State where they are living 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 if the applicant meets the licensure
requirements.
4. A multistate
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 Single State License, the license shall be clearly marked with the
words "Single State", indicating that it is valid only in the state of
issuance.
6. A nurse who changes
his or her primary state of residence from one party state to another party
state may continue to practice under the existing multistate license while the
nurse's application is processed and a multistate license is issued in the new
primary state of residence.
7. The
former Home State multistate license shall no longer be valid upon the issuance
of a new Home State multistate license.
8. If a licensee holding a multistate license
changes primary state of residence to a non-party state, the party state shall
convert the multistate license to a single state license within fifteen days
and report the conversion to the Licensure Information System.
E. CREDENTIALING AND ENGLISH PROFICIENCY FOR FOREIGN NURSE GRADUATES
1. A party state shall verify that an
independent credentials review agency evaluated the credentials of graduates as
set forth in Article III 9 (c) (2) ii.
2. The party state shall verify successful
completion of an English proficiency examination for graduates as set forth in
Article III (c) (3).
F. DEACTIVATION, DISCIPLINE, AND REVOCATION OF MULTISTATE LICENSURE PRIVILEGE
1. A party state shall
determine whether a disqualifying event will result in adverse action or
deactivation of a multistate license or privilege. Upon deactivation due to a
disqualifying event, the home state may issue a single state license.
2. An individual who had a license which was
surrendered, revoked, suspended, or an application denied for cause in a prior
Home State, may be issued a Single State License in a new Home State until such
time as the individual would be eligible for an unrestricted license in all
prior Party State(s) of adverse action. Once eligible for licensure in all
prior state(s), a multistate license may be issued.
G. COORDINATED LICENSURE INFORMATION SYSTEM
1. Uniform data set and levels
of access:
a. The Compact Administrator of
each Party State shall furnish uniform data to the Coordinated Licensure
Information System, which shall consist of the following:
(1) The Nurse's name;
(2) Jurisdiction(s) of licensure;
(3) License expiration date(s);
(4) Licensure classification(s), license
number and status(es);
(5) Public
emergency and final disciplinary actions, as defined by contributing state
authority;
(6) A change in the
status of a disciplinary action or licensure encumbrance;
(7) The status of Multistate Licensure
Privileges.
(8) Current
participation by the nurse in an alternative program;
(9) Information that is required to be
expunged by the laws of a Party State;
(10) The applicant or nurse's United States
social security number;
(11)
Current significant investigative information;
(12) A correction to a licensee's
data.
b. The public shall
have access to items (a)(1) through (7) and information about a licensee 's
participation in an alternative program to the extent allowed by state
law.
c. Party State Boards shall
have access to all Information System data contributed by the Party States and
other information as limited by contributing Non-Party authority.
2. The licensee may request in
writing to the Home State Board to review the data relating to the licensee in
the Information System. In the event a licensee asserts that any data relating
to him or her is inaccurate, the burden of proof shall be upon the licensee to
provide evidence that substantiates such claim. The Board shall verify and,
within ten business days, correct inaccurate data to the Information
System.
3. The Board shall report
to the Information System within fifteen calendar days:
a. Items in uniform data set.
b. Disciplinary action, agreement or order
requiring participation in Alternative Programs or which limit practice or
require monitoring (except agreements and orders relating to participation in
Alternative Programs required to remain non-public by contributing state
authority);
c. Dismissal of a
complaint; and
d. Changes in
status, if disciplinary action or licensure encumbrance.
4. Current Significant Investigative
Information shall be deleted from the Information System within fifteen
calendar days, upon report of any resulting:
a. Disciplinary action;
b. Agreement or order requiring participation
in Alternative Programs; or
c.
Agreements which limit practice or require monitoring or dismissal of a
complaint.
5. Changes to
licensure information in the Information system shall be completed within
fifteen calendar days, upon notification by a Board.
Adopted April 22, 2009
Effective June 30, 2009
Revised: April 23, 2013
Effective: June 14, 2013
Revised: January 24, 2019
Effective: March 17, 2019
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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