New Jersey § 45:11a-1

with all other jurisdictions that legally join in the compact in the form substantially

as follows: 1. The party states to this compact find that: a. The health and safety of the public are affected by the degree of compliance with

and the effectiveness of enforcement activities related to state nurse licensure laws; b. Violations of nurse licensure and other laws relating to the practice of nursing

may result in injury or harm to the public; c. The expanded mobility of nurses and the use of advanced communication technologies

as part of our nation's health care delivery system require greater coordination and

cooperation among states in the areas of nurse licensure and regulation; d. New practice modalities and technology make compliance with individual state nurse

licensure laws difficult and complex; and e. The current system of duplicative licensure for nurses practicing in multiple states

is cumbersome and redundant to both nurses and the states. 2. The general purposes of this compact are to: a. Facilitate the states' responsibility to protect the health and safety of the public; b. Ensure and encourage the cooperation of party states in the areas of nurse licensure

and regulation; c. Facilitate the exchange of information between party states in the areas of nurse

regulation, investigation, and adverse actions; d. Promote compliance with the laws governing the practice of nursing in each jurisdiction;

and e. Through the mutual recognition of party state licenses, authorize the party states

to hold a nurse accountable for meeting all nurse practice laws in the state in which

the patient is located at the time that care was rendered. 3. For the purposes of this compact, and of any supplemental or concurring legislation

enacted under this compact, except as may be otherwise required by the context: a. “ Adverse action ” means a home or remote state action. b. “ Alternative program ” means a voluntary, nondisciplinary monitoring program approved by a nurse licensing

board. c. “ Compact ” means this Nurse Multistate Licensing Compact. d. “ 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, that is

administered by a nonprofit organization composed of and controlled by state nurse

licensing boards. e. “ Current significant investigative information ” means investigative information that indicates a licensee: (1) has committed more than a minor infraction; or (2) represents an immediate threat to public health and safety. f. “ Home state ” means the party state that is the nurse's primary state of residence. g. “ Home state action ” means any administrative, civil, equitable, or criminal action permitted by the

laws of the home state that is imposed on a nurse by the licensing board or other

authority of the home state. “ Home state action ” includes: revocation, suspension or probation of a licensee; or any other action

that affects a nurse's authorization to practice. h. “ Licensee ” means a person licensed by the New Jersey Board of Nursing or the nurse licensing

board of a party state. i. “ Licensing board ” means a party state's regulatory agency that is responsible for licensing nurses. j. “ Multistate licensure privilege ” means the current, official authority from a remote state permitting the practice

of nursing as either a registered nurse or a licensed practical or vocational nurse

in a party state. k. “ Nurse ” means a registered nurse or a licensed practical or vocational nurse as those terms

are defined by the laws of each party state. l . “ Party state ” means any state that has adopted this compact. m. “ Remote state ” means the party state, other than the home state: (1) where the patient is located at the time nursing care is provided; or (2) in the case of the practice of nursing that does not involve a patient, where

the recipient of nursing practices is located. n. “ Remote state action ” means any: (1) administrative, civil, equitable, or criminal action permitted by the laws of

the remote state which are imposed on a nurse by the remote state's nurse licensing

board or other authority, including actions against an individual's multistate licensure

privilege to practice in the remote state; and (2) cease and desist or other injunctive or equitable orders issued by remote states

or their licensing boards. o . “ State ” means a state, territory, or possession of the United States, the District of Columbia,

or the Commonwealth of Puerto Rico. p. “ State practice laws ” means those individual party state's laws and regulations that govern the practice

of nursing, define the scope of nursing practice, and create the methods and grounds

for disciplining nurses. “State practice laws” does not include the initial qualifications for licensure or

the requirements necessary to obtain and retain a license, except for the qualifications

and requirements of the home state. 4. a. A license to practice registered nursing issued by a home state to a resident

of that state shall be recognized by each party state as authorization for a multistate

licensure privilege to practice as a registered nurse in a party state. A license to practice practical or vocational nursing issued by a home state to

a resident in that state shall be recognized by each party state as authorization

for a multistate licensure privilege to practice as a licensed practical or vocational

nurse in a party state. In order to obtain or retain a license, an applicant shall meet the home state's

qualifications for licensure and license renewal, as well as other applicable state

laws. b. Party states may, in accordance with the due process laws of that state, limit,

suspend or revoke the multistate licensure privilege of any licensee to practice in

the state and may take any other actions under the applicable state laws necessary

to protect the health and safety of the citizens of the party state. If a party state takes an action authorized by this section, it shall promptly notify

the administrator of the coordinated licensure information system. The administrator shall promptly notify the home state of any actions by remote

states. c. Every licensee practicing in a party state shall comply with the state practice

laws of the state in which the patient is located at the time that care is rendered. The practice of nursing is not limited to patient care, but shall include all nursing

practice, as defined by the practice laws of a party state. The practice of nursing in a party state shall subject a nurse to the jurisdiction

of the nurse licensing board and the laws and courts of the party state. d. This compact does not affect additional requirements imposed by states for advanced

practice registered nursing. However, a multistate licensure privilege to practice registered nursing granted

by a party state shall be recognized by other party states as a license to practice

registered nursing if one is required by state law as a precondition for qualifying

for advanced practice registered nurse authorization. e. Persons not residing in a party state may continue to apply for nurse licensure

in party states as provided for under the laws of each party state. The license granted to the person shall not be recognized as granting the privilege

to practice nursing in any other party state unless explicitly agreed to by that party

state. 5. a. Upon receiving an application for a license, the licensing board in a party

state shall ascertain, through the coordinated licensure information system, whether: (1) the applicant holds or has ever held a license issued by any other state; (2) there are any restrictions on the applicant's multistate licensure privilege;

and (3) any other adverse action by any state has been taken against the applicant's license. b. A licensee in a party state shall hold licensure in only one party state at a time,

which license shall be issued by the home state. c. A licensee who intends to change his primary state of residence may apply for licensure

in the new home state in advance of the change; however, a new license shall not

be issued by a party state until after the licensee provides evidence of the change

in the primary state of residence that is satisfactory to the new home state's licensing

board. d. When a licensee changes his primary state of residence by moving: (1) between two party states and obtains a license from the new home state, the license

from the former home state is no longer valid; (2) from a nonparty state to a party state and obtains a license from the new home

state, the license issued by the nonparty state shall not be affected and shall remain

in full force if the laws of the nonparty state so provide; and (3) from a party state to a nonparty state, the license issued by the former home

state converts to an individual state license that is valid only in the former home

state. The license does not grant the multistate licensure privilege to practice in other

party states. 6. a. The remote state's nurse licensing board shall promptly report to the administrator

of the coordinated licensure information system any remote state actions, including

the factual and legal basis for the actions, if known. The remote state's nurse licensing board shall also promptly report any current

significant investigative information yet to result in a remote state action. The administrator shall promptly notify the home state of any such reports. b. The party state's nurse licensing board may complete any pending investigation

of a licensee who changes his primary state of residence during the course of an investigation. It may also take appropriate action against a licensee, and shall promptly report

the conclusion of the investigation to the administrator of the coordinated licensure

information system. The administrator shall promptly notify the new home state of any action taken against

a licensee. c. A remote state may take adverse action that affects the multistate licensure privilege

to practice within that party state; however, only the home state may take adverse

action that affects a license that was issued by the home state. d. For purposes of taking adverse action, the home state's nurse licensing board shall

give the same priority and effect to the conduct reported by a remote state that it

would if the conduct had occurred in the home state. The board shall apply its own state laws to determine the appropriate action that

should be taken against the licensee. e. The home state may take adverse action based upon the factual findings of the remote

state, if each state follows its own procedures for imposing the adverse action. f. Nothing in this compact shall prohibit a party state from allowing a licensee to

participate in an alternative program instead of taking adverse action against the

licensee. If required by the party state's laws, the licensee's participation in an alternative

program shall be confidential information. Party states shall require licensees who enter alternative programs to agree not

to practice in any other party state during the term of the alternative program without

prior authorization from the other party state. 7. Notwithstanding any other powers, party state nurse licensing boards may: a. If otherwise permitted by state law, recover from the licensee the costs of investigating

and disposing of cases that result in adverse action; b. Issue subpoenas for both hearings and investigations that require the attendance

and testimony of witnesses, and the production of evidence. Subpoenas issued by a party state nurse licensing board for the attendance and testimony

of witnesses or the production of evidence from another party state, shall be enforced

in the other party state by any court of competent jurisdiction, according to the

practice and procedure of that court. The issuing authority shall pay any witness fees, travel expenses, mileage, and

other fees required by the laws of the party state where the witnesses or the evidence

are located; c. Issue cease and desist orders to limit or revoke a licensee's authority to practice

in the board's state; and d. Adopt uniform rules and regulations that are developed by the compact administrators

pursuant to Article VIII of this compact. 8. a. All party states shall participate in a cooperative effort to create a coordinated

database of all licensed registered nurses and licensed practical or vocational nurses. This system shall include information on the licensure and disciplinary history

of each licensee, as contributed by party states, to assist in the coordination of

nurse licensure and enforcement efforts. b. Notwithstanding any other provision of law to the contrary, the party states' nurse

licensing boards shall promptly report to the coordinated licensure information system

any adverse action taken against licensees, actions against multistate licensure privileges,

any current significant investigative information yet to result in adverse action,

and any denials of applications for licensure, and the reasons for the denials. c. Current significant investigative information shall be transmitted through the

coordinated licensure information system only to the party states' nurse licensing

boards. d. Notwithstanding any other provision of law to the contrary, all party states' nurse

licensing boards contributing information to the coordinated licensure information

system may designate information that shall not be shared with nonparty states or

disclosed to other individuals or entities without the express permission of the contributing

party state. e. Any personally identifiable information obtained by a party state nurse licensing

board from the coordinated licensure information system shall not be shared with nonparty

states or disclosed to other individuals or entities except to the extent permitted

by the laws of the party state contributing the information. f. Any information contributed to the coordinated licensure information system that

is subsequently required to be expunged by the laws of the party state contributing

that information shall be expunged from the coordinated licensure information system. g. The compact administrators, acting jointly and in consultation with the administrator

of the coordinated licensure information system, shall formulate necessary and proper

procedures for the identification, collection and exchange of information under this

compact. 9. a. The executive director of the nurse licensing board of each party state, or

the executive director's designee, shall be the administrator of this compact for

that state. b. In New Jersey, the administrator of this compact shall be the Director of the Division

of Consumer Affairs in the Department of Law and Public Safety or the director's designee. c. To facilitate the administration of this compact, the compact administrator of

each party state shall furnish to the compact administrators of all other party states

any information and documents concerning each licensee, including a uniform data set

of investigations, identifying information, licensure data, and disclosable alternative

program participation information. d. Compact administrators shall develop uniform rules and regulations to facilitate

and coordinate implementation of this compact. These uniform rules shall be adopted by party states, pursuant to Article VI of

this compact. 10. A party state, and the officers, employees, or agents of a party state's nurse

licensing board, who act in accordance with this compact shall not be liable for any

good faith act or omission committed while they were engaged in the performance of

their duties under this compact. Good faith shall not include willful misconduct, gross negligence or recklessness. 11. a. This compact shall become effective as to any state when it has been enacted

into the laws of that state. A party state may withdraw from the compact by enacting a statute repealing the

compact, but the withdrawal shall not take effect until six months after the withdrawing

state has given notice of the withdrawal to the compact administrators of all other

party states. b. No withdrawal shall affect the validity or applicability of any report of adverse

action taken by the nurse licensing board of a state that remains a party to the compact

if the adverse action occurred prior to the withdrawal. c. This compact does not invalidate or prevent any nurse licensure agreement or other

cooperative agreement between a party state and a nonparty state that is made in accordance

with this compact. d. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states

until it is enacted into the laws of all party states. 12. a. This compact shall be liberally construed so as to effectuate the purposes

of the compact. The provisions of this compact shall be severable and if any phrase, clause, sentence,

or provision of this compact is declared to be contrary to the Constitution of the

United States or the constitution of the party states, or the applicability thereof

to any government, agency, person, or circumstance is held invalid, the validity of

the remainder of this compact and the applicability thereof to any government, agency,

person, or circumstance may not be affected. If this compact is held to be contrary to the constitution of a party state, this

compact shall remain in full force and effect as to the remaining party states, and

to the party state affected as to all severable matters. b. In the event party states find a need for settling disputes arising under this

compact, the party states shall submit the issues in dispute to an arbitration panel

that shall consist of an individual appointed by the compact administrator in the

home state, an individual appointed by the compact administrator in the remote states

involved, and an individual appointed by the compact administrators of all of the

party states involved in the dispute. The decision of a majority of the arbitrators shall be final and binding.