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  • NJ A3917
  • Enters New Jersey in multistate Nurse Licensure Compact.
Introduced
(6/20/2016)
In Committee
(6/19/2017)
Crossed Over
(12/7/2017)
PassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill would enter New Jersey in the Nurse Licensure Compact (NLC) - a multistate compact that establishes a mutual recognition system for the licensure of registered professional nurses and licensed practical nurses. Under a mutual recognition system, a nurse only needs to obtain one license from the nurse's state of residence in order to be permitted to practice nursing in any other state that is a party to the compact, as long as the nurse complies with the state practice laws of the state in which the patient is located at the time that care is rendered. Currently, a nurse is required to be licensed in, and by, each state in which the nurse chooses to practice. Under the NLC, a nurse who applies for licensure would be required to meet the qualifications for licensure and license renewal that have been established in the nurse's state of residence. While a nurse may be licensed in any state or states that are not parties to the compact, a nurse may only be licensed in one state that is a party to the compact. The NLC would authorize a state that is a party to the compact to limit, suspend, or revoke the multistate licensure privilege of any nurse to practice in that state, and to take any other actions under the applicable state laws that may be necessary to protect the health and safety of the citizens of the party state. The NLC would also establish a coordinated licensure information system that will include a database on the licensure and disciplinary history of all nurses licensed in the party states. The party states will be required to report to the coordinated system all adverse actions against nurses, including actions against multistate licensure privileges, any current significant investigative information yet to result in an adverse action, and denials of applications and the reasons therefor. This information will be shared with party states unless the state submitting the information designates information that may not be shared or disclosed without the permission of the contributing state. The coordinated licensure information system is to be administered by a nonprofit organization composed of and controlled by state nurse licensing boards. The NLC would also establish the Interstate Commission of Nurse Licensure Compact Administrators as a joint public instrumentality of the party states. However, nothing in the compact is to be construed as a waiver of sovereign immunity. Each party state will be required to have its compact administrator - the head of the state licensing board, or their designee - participate as a member of the commission. The commission will be required to meet at least once a year. The compact grants the commission broad powers to: (1) promulgate uniform rules - having the effect of law - in order to facilitate and coordinate implementation and administration of the compact in the party states; (2) bring and prosecute legal proceedings in the name of the commission; (3) appoint advisory and other committees comprised of administrators, state nursing regulators, state legislators, consumer representatives, and other interested parties; and (4) cooperate with other organizations that administer state compacts related to the practice of nursing. The commission would further be authorized to identify defaults in the performance of a party state in meeting its obligations or responsibilities under the compact; to provide training and technical assistance to a party state, in order to assist the party state in curing any defaults; and to terminate a defaulting party state's membership in the compact if all means of securing compliance have been exhausted. The compact also authorizes the commission to levy, and collect from each party state, an annual assessment that would cover the cost of commission operations, activities, and staff. All of the administrators, officers, employees, representatives, and the executive director of the commission would be immune from liability, either personally or in their official capacity, for any civil claims arising out of any actual or alleged act, error, or omission that occurred (or that the accused had a reasonable basis for believing had occurred) within the scope of commission employment, duties, or responsibilities, except in the case of intentional, willful, or wanton misconduct. Nothing in the NLC would abrogate or supersede the provisions in Title 45 of the Revised Statutes, or in any other title or chapter of law applicable to the practice of nursing in this State. In any instance of an omission from the compact, the provisions of Title 45 of the Revised Statutes or other applicable statutory law, and any regulations adopted pursuant thereto, would be controlling. However, if there is an irreconcilable conflict between the NLC and chapter 11 of Title 45 of the Revised Statutes (which pertains to the practice of nursing), the provisions of the compact would control. Nothing in the NLC would abrogate or supersede the provisions in Title 34 of the Revised Statutes, or in any other title or chapter of law applicable to labor practices, workforce strikes, or the resolution of labor disputes in this State. The NLC is intended to address the expanded mobility of nurses and the use of advanced communication technologies (telemedicine) by nurses, which factors require greater coordination and cooperation among states in the areas of nurse licensure and regulation. The NLC is also intended to facilitate the exchange of information between states in the area of nurse regulation, investigation, and adverse actions. As of October 2015, 25 states (including Maryland and Delaware) have enacted legislation agreeing to participate in the NLC. The compact provides that it will become effective and binding on the party states either on the date that the NLC is enacted into law by not less than 26 states, or on December 31, 2018, whichever is earlier. Although New Jersey entered into a prior version of the multistate NLC through the enactment of P.L.2001, c.340 (C.45:11A-1 et seq.), this law was only temporary in nature, and it expired on January 1, 2007. The National Council of State Boards of Nursing has adopted a revised version of the compact. Accordingly, the bill incorporates the updated provisions of the NLC, as adopted by the National Council of State Boards of Nursing on May 4, 2015.
2nd Reading in the Assembly, Budget and Appropriations, Health and Senior Services, Passed Assembly
Received in the Senate, Referred to Senate Budget and Appropriations Committee  (on 12/11/2017)
 
 
Date Chamber Action Description
12/11/2017 S Received in the Senate, Referred to Senate Budget and Appropriations Committee
12/7/2017 A Passed by the Assembly (69-0-0)
6/19/2017 A Reported out of Assembly Comm. with Amendments, 2nd Reading
6/19/2017 Assembly Health and Senior Services Hearing (19:00 6/19/2017 )
6/20/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 12/7/2017 Assembly Floor: Third Reading - Final Passage 68 0 11
Detail 6/19/2017 Assembly Health and Senior Services Committee: Reported with Amendments 10 0 3