{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3040.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3040.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3040.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3040.5.html"}],"law_id":68840,"edition_id":1,"section_id":68840,"structure_id":13069,"section_number":"54.1-3040.5","catch_line":"Additional authorities invested in party state licensing boards","history":"2016, c. 108.","full_text":"A\n\nIn addition to the other powers conferred by state law, a licensing board shall have the authority to:1\n\nTake adverse action against a nurse’s multistate licensure privilege to practice within that party state.\n\t\t\t\ta. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.\n\t\t\t\tb. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.2\n\nIssue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.3\n\nComplete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.4\n\nIssue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.5\n\nObtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.6\n\nIf otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.7\n\nTake adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.B\n\nIf adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.C\n\nNothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.","order_by":null,"text":{"0":{"id":249191,"text":"In addition to the other powers conferred by state law, a licensing board shall have the authority to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":249192,"text":"Take adverse action against a nurse’s multistate licensure privilege to practice within that party state.\n\t\t\t\ta. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.\n\t\t\t\tb. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":249193,"text":"Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":249194,"text":"Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":249195,"text":"Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":249196,"text":"Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":249197,"text":"If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":249198,"text":"Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":249199,"text":"If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7","next_prefix":"C"},"9":{"id":249200,"text":"Nothing in this Compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13069,"edition_id":1,"name":"Nurse Licensure Compact","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":13068,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":242885,"object_type":"structure","relational_id":13069,"identifier":"6.1","token":"54.1\/III\/30\/6.1","url":"\/54.1\/III\/30\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13068,"edition_id":1,"name":"Nursing","identifier":"30","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":242687,"object_type":"structure","relational_id":13068,"identifier":"30","token":"54.1\/III\/30","url":"\/54.1\/III\/30\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60922,"structure_id":13069,"section_number":"54.1-3040.1","catch_line":"Findings and declaration of purpose","url":"\/54.1-3040.1\/","token":"54.1\/III\/30\/6.1\/54.1-3040.1","metadata":false},{"id":69014,"structure_id":13069,"section_number":"54.1-3040.10","catch_line":"Effective date, withdrawal, and amendment","url":"\/54.1-3040.10\/","token":"54.1\/III\/30\/6.1\/54.1-3040.10","metadata":false},{"id":83589,"structure_id":13069,"section_number":"54.1-3040.11","catch_line":"Construction and severability","url":"\/54.1-3040.11\/","token":"54.1\/III\/30\/6.1\/54.1-3040.11","metadata":false},{"id":62319,"structure_id":13069,"section_number":"54.1-3040.2","catch_line":"Definitions","url":"\/54.1-3040.2\/","token":"54.1\/III\/30\/6.1\/54.1-3040.2","metadata":false},{"id":71901,"structure_id":13069,"section_number":"54.1-3040.3","catch_line":"General provisions and jurisdiction","url":"\/54.1-3040.3\/","token":"54.1\/III\/30\/6.1\/54.1-3040.3","metadata":false},{"id":81413,"structure_id":13069,"section_number":"54.1-3040.4","catch_line":"Applications for licensure in a party state","url":"\/54.1-3040.4\/","token":"54.1\/III\/30\/6.1\/54.1-3040.4","metadata":false},{"id":68840,"structure_id":13069,"section_number":"54.1-3040.5","catch_line":"Additional authorities invested in party state licensing boards","url":"\/54.1-3040.5\/","token":"54.1\/III\/30\/6.1\/54.1-3040.5","metadata":false},{"id":73030,"structure_id":13069,"section_number":"54.1-3040.6","catch_line":"Coordinated licensure information system and exchange of information","url":"\/54.1-3040.6\/","token":"54.1\/III\/30\/6.1\/54.1-3040.6","metadata":false},{"id":61687,"structure_id":13069,"section_number":"54.1-3040.7","catch_line":"Establishment of the Interstate Commission of Nurse Licensure Compact Administrators","url":"\/54.1-3040.7\/","token":"54.1\/III\/30\/6.1\/54.1-3040.7","metadata":false},{"id":54121,"structure_id":13069,"section_number":"54.1-3040.8","catch_line":"Rulemaking","url":"\/54.1-3040.8\/","token":"54.1\/III\/30\/6.1\/54.1-3040.8","metadata":false},{"id":55145,"structure_id":13069,"section_number":"54.1-3040.9","catch_line":"Oversight, dispute resolution, and enforcement","url":"\/54.1-3040.9\/","token":"54.1\/III\/30\/6.1\/54.1-3040.9","metadata":false}],"previous_section":{"id":81413,"structure_id":13069,"section_number":"54.1-3040.4","catch_line":"Applications for licensure in a party state","url":"\/54.1-3040.4\/","token":"54.1\/III\/30\/6.1\/54.1-3040.4","metadata":false},"next_section":{"id":73030,"structure_id":13069,"section_number":"54.1-3040.6","catch_line":"Coordinated licensure information system and exchange of information","url":"\/54.1-3040.6\/","token":"54.1\/III\/30\/6.1\/54.1-3040.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3040.5\/","history_text":"

This law was first created in 2016. The record of its establishment is cataloged in chapter 108<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":242911,"object_type":"law","relational_id":68840,"identifier":"54.1-3040.5","token":"54.1\/III\/30\/6.1\/54.1-3040.5","url":"\/54.1-3040.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3040.5\/","token":"54.1\/III\/30\/6.1\/54.1-3040.5","dublin_core":{"Title":"Additional authorities invested in party state licensing boards","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3040.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to the other powers conferred by state law<\/span>, a licensing board<\/span> shall have the authority to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Take adverse action against a nurse’s multistate licensure privilege<\/span> to practice within that party<\/span> state.\n\t\t\t\ta. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.\n\t\t\t\tb. For purposes of taking adverse action, the home state licensing board<\/span> shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws<\/span> to determine appropriate action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Issue<\/span> cease and desist orders<\/span> or impose an encumbrance on a nurse’s authority to practice within that party<\/span> state. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board<\/span> shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Issue<\/span> subpoenas<\/span> for both hearings<\/span> and investigations that require the attendance and testimony<\/span> of witnesses, as well as the production of evidence<\/span>. Subpoenas<\/span> issued by a licensing board<\/span> in a party<\/span> state for the attendance and testimony<\/span> of witnesses or the production of evidence<\/span> from another party<\/span> state shall be enforced in the latter state by any court<\/span> of competent jurisdiction<\/span>, according to the practice and procedure of that court<\/span> applicable to subpoenas<\/span> issued in proceedings pending before it. The issuing authority shall pay any witness<\/span> fees, travel expenses, mileage, and other fees required by the service statutes<\/span> of the state in which the witnesses or evidence<\/span> are located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks, and use the results in making licensure decisions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If otherwise permitted by state law<\/span>, recover from the affected nurse the costs of investigations and disposition<\/span> of cases resulting from any adverse action taken against that nurse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Take adverse action based on the factual findings<\/span> of the remote state, provided that the licensing board<\/span> follows its own procedures for taking such adverse action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege<\/span> to practice in all other party<\/span> states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders<\/span> that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege<\/span> is deactivated in all party<\/span> states during the pendency of the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this Compact shall override a party<\/span> state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board<\/span> shall deactivate the multistate licensure privilege<\/span> under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS (\u00a7 54.1-3040.5)\n\nA. In addition to the other powers conferred by state law, a licensing board\nshall have the authority to:\n\n 1. Take adverse action against a nurse’s multistate licensure privilege\n to practice within that party state.\n \t\t\t\ta. Only the home state shall have the power to take adverse action against\n a nurse’s license issued by the home state.\n \t\t\t\tb. For purposes of taking adverse action, the home state licensing board\n shall give the same priority and effect to reported conduct received from a\n remote state as it would if such conduct had occurred within the home state.\n In so doing, the home state shall apply its own state laws to determine\n appropriate action.\n\n 2. Issue cease and desist orders or impose an encumbrance on a nurse’s\n authority to practice within that party state.\n\n 3. Complete any pending investigations of a nurse who changes primary state of\n residence during the course of such investigations. The licensing board shall\n also have the authority to take appropriate action(s) and shall promptly\n report the conclusions of such investigations to the administrator of the\n coordinated licensure information system. The administrator of the coordinated\n licensure information system shall promptly notify the new home state of any\n such actions.\n\n 4. Issue subpoenas for both hearings and investigations that require the\n attendance and testimony of witnesses, as well as the production of evidence.\n Subpoenas issued by a licensing board in a party state for the attendance and\n testimony of witnesses or the production of evidence from another party state\n shall be enforced in the latter state by any court of competent jurisdiction,\n according to the practice and procedure of that court applicable to subpoenas\n issued in proceedings pending before it. The issuing authority shall pay any\n witness fees, travel expenses, mileage, and other fees required by the service\n statutes of the state in which the witnesses or evidence are located.\n\n 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other\n biometric-based information to the Federal Bureau of Investigation for\n criminal background checks, receive the results of the Federal Bureau of\n Investigation record search on criminal background checks, and use the results\n in making licensure decisions.\n\n 6. If otherwise permitted by state law, recover from the affected nurse the\n costs of investigations and disposition of cases resulting from any adverse\n action taken against that nurse.\n\n 7. Take adverse action based on the factual findings of the remote state,\n provided that the licensing board follows its own procedures for taking such\n adverse action.\n\nB. If adverse action is taken by the home state against a nurse’s\nmultistate license, the nurse’s multistate licensure privilege to practice\nin all other party states shall be deactivated until all encumbrances have been\nremoved from the multistate license. All home state disciplinary orders that\nimpose adverse action against a nurse’s multistate license shall include a\nstatement that the nurse’s multistate licensure privilege is deactivated\nin all party states during the pendency of the order.\n\nC. Nothing in this Compact shall override a party state’s decision that\nparticipation in an alternative program may be used in lieu of adverse action.\nThe home state licensing board shall deactivate the multistate licensure\nprivilege under the multistate license of any nurse for the duration of the\nnurse’s participation in an alternative program.\n\nHISTORY: 2016, c. 108.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}