                                 CODE OF VIRGINIA

GENERAL PROVISIONS AND JURISDICTION (§ 54.1-3040.3)

A. A multistate license to practice registered or licensed practical/vocational
nursing issued by a home state to a resident in that state will be recognized by
each party state as authorizing a nurse to practice as a registered nurse (RN)
or as a licensed practical/vocational nurse (LPN/VN), under a multistate
licensure privilege, in each party state.

B. A state must implement procedures for considering the criminal history
records of applicants for initial multistate license or licensure by
endorsement. Such procedures shall include the submission of fingerprints or
other biometric-based information by applicants for the purpose of obtaining an
applicant&#8217;s criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state&#8217;s
criminal records.

C. Each party state shall require the following for an applicant to obtain or
retain a multistate license in the home state:

   1. Meets the home state&#8217;s qualifications for licensure or renewal of
   licensure, as well as all other applicable state laws;

   2. Has (a) graduated or is eligible to graduate from a licensing
   board-approved RN or LPN/VN prelicensure education program or (b) graduated
   from a foreign RN or LPN/VN prelicensure education program that has been
   approved by the authorized accrediting body in the applicable country and has
   been verified by an independent credentials review agency to be comparable to
   a licensing board-approved prelicensure education program;

   3. Has, if a graduate of a foreign prelicensure education program not taught
   in English or if English is not the individual&#8217;s native language,
   successfully passed an English proficiency examination that includes the
   components of reading, speaking, writing, and listening;

   4. Has successfully passed an NCLEX-RN&#xAE; or NCLEX-PN&#xAE; Examination or
   recognized predecessor, as applicable;

   5. Is eligible for or holds an active, unencumbered license;

   6. Has submitted, in connection with an application for initial licensure or
   licensure by endorsement, fingerprints or other biometric data for the purpose
   of obtaining criminal history record information from the Federal Bureau of
   Investigation and the agency responsible for retaining that state&#8217;s
   criminal records;

   7. Has not been convicted or found guilty, or has entered into an agreed
   disposition, of a felony offense under applicable state or federal criminal
   law;

   8. Has not been convicted or found guilty, or has entered into an agreed
   disposition, of a misdemeanor offense related to the practice of nursing as
   determined on a case-by-case basis;

   9. Is not currently enrolled in an alternative program;

   10. Is subject to self-disclosure requirements regarding current participation
   in an alternative program; and

   11. Has a valid United States social security number.

D. All party states shall be authorized, in accordance with existing state due
process law, to take adverse action against a nurse&#8217;s multistate licensure
privilege, such as revocation, suspension, probation, or any other action that
affects a nurse&#8217;s authorization to practice under a multistate licensure
privilege, including cease and desist actions. If a party state takes such
action, it shall promptly notify the administrator of the coordinated licensure
information system. The administrator of the coordinated licensure information
system shall promptly notify the home state of any such actions by remote
states.

E. A nurse practicing in a party state must comply with the state practice laws
of the state in which the client is located at the time service is provided. The
practice of nursing is not limited to patient care, but shall include all
nursing practice as defined by the state practice laws of the party state in
which the client is located. The practice of nursing in a party state under a
multistate licensure privilege will subject a nurse to the jurisdiction of the
licensing board, the courts, and the laws of the party state in which the client
is located at the time service is provided.

F. Individuals not residing in a party state shall continue to be able to apply
for a party state&#8217;s single-state license as provided under the laws of
each party state. However, the single-state license granted to these individuals
will not be recognized as granting the privilege to practice nursing in any
other party state. Nothing in this Compact shall affect the requirements
established by a party state for the issuance of a single-state license.

G. Any nurse holding a home state multistate license, on the effective date of
this Compact, may retain and renew the multistate license issued by the
nurse&#8217;s then-current home state, provided that:

   1. A nurse who changes primary state of residence after this Compact&#8217;s
   effective date must meet all applicable requirements of subsection C to obtain
   a multistate license from a new home state.

   2. A nurse who fails to satisfy the multistate licensure requirements in
   subsection C due to a disqualifying event occurring after this Compact&#8217;s
   effective date shall be ineligible to retain or renew a multistate license,
   and the nurse&#8217;s multistate license shall be revoked or deactivated in
   accordance with applicable rules adopted by the Interstate Commission of Nurse
   Licensure Compact Administrators (Commission).

HISTORY: 2016, c. 108.