                                 CODE OF VIRGINIA

ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS (§ 54.1-3040.5)

A. In addition to the other powers conferred by state law, a licensing board
shall have the authority to:

   1. Take adverse action against a nurse&#8217;s multistate licensure privilege
   to practice within that party state.
   				a. Only the home state shall have the power to take adverse action against
   a nurse&#8217;s license issued by the home state.
   				b. 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. Issue cease and desist orders or impose an encumbrance on a nurse&#8217;s
   authority to practice within that party state.

   3. 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.

   4. 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.

   5. 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.

   6. 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.

   7. 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.

B. If adverse action is taken by the home state against a nurse&#8217;s
multistate license, the nurse&#8217;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&#8217;s multistate license shall include a
statement that the nurse&#8217;s multistate licensure privilege is deactivated
in all party states during the pendency of the order.

C. Nothing in this Compact shall override a party state&#8217;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&#8217;s participation in an alternative program.

HISTORY: 2016, c. 108.