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201616LSO-0157STATE OF WYOMINGHOUSE BILL NO. HB0056Advanced Practice Nurse Licensure Compact.Sponsored by: Joint Labor, Health & Social Services InterimCommitteeA BILLfor1AN ACT relating to the Advanced Practice Registered Nurse2Compact; entering into a compact with other states to allow3advanced practice registered nurses licensed in one compact4state to exercise a multistate licensure privilege in other5states6specifying7amendments; and providing for an effective provingmakingandconforming89Be It Enacted by the Legislature of the State of Wyoming:101112Section 1.W.S. 33-21-301 and 33-21-302 are createdto read:1314ARTICLE 315ADVANCED PRACTICE REGISTERED NURSE COMPACT1HB0056
201616LSO-0157STATE OF WYOMING1233-21-301.Short title.34Thisarticleshallbeknownandmaybe5"Advanced Practice Registered Nurse Compact."citedasthe6733-21-302.Compact provisions generally.89The Advanced Practice Registered Nurse Compact is enacted10into law and entered into on behalf of this state with all11other12substantially as 4ARTICLE I15Findings and Declaration of Purpose1617(a)The party states find cted by the degree of compliance with advanced practice21registered22effectiveness of enforcement activities23APRN licensure laws;nurse(APRN)licensure2requirementsandrelated tothestateHB0056
201616LSO-0157STATE OF WYOMING12(ii)Violations of APRN licensure and other laws3regulating the practice of nursing may result in injury or4harm to the public;56(iii)7of8nation's9coordination and cooperation among states in the areas of10advancedThe expanded mobility of APRNs and the stempartrequireofourgreaterAPRN licensure and regulation;1112(iv)New practice modalities and technology make13compliancewithindividual14difficult and nmultiplestates18cumbersome and redundant for both APRNs and states;is1920(vi)21throughoutthe22health blicsafetyrequirementsandpublic233HB0056
2016116LSO-0157STATE OF WYOMING(b)The general purposes of this compact are ct the public's health and rty states in the areas of APRN licensure and regulation,8including promotion of uniform licensure exchange11betweenareas12investigation and adverse omote compliance with the laws governingAPRN practice in each jurisdiction;1617(v)Invest all party states with the authority18to hold an APRN accountable for meeting all state practice19laws in the state in which the patient is located at the20time care is rendered through the mutual recognition of21party state licenses;224HB0056
20161216LSO-0157STATE OF WYOMING(vi)Decrease redundancies in the considerationand issuance of APRN licenses; ce by APRNs who meet uniform licensure requirements.67ARTICLE II8Definitions910(a)As used in this 13"APRN" means a registered nurse who has gained additional14specialized15program of study recognized or defined by the Interstate16Commission of APRN Compact Administrators ("commission"),17and who is licensed to perform advanced nursing practice.18An advanced practice registered nurse is licensed in an19APRN20program, certification and commission e action" means any administrative,civil, equitable or criminal action permitted by a state's5HB0056
201616LSO-0157STATE OF WYOMING1lawswhichisimposed2authority3individual's license or multistate licensure privilege such4as5licensee,6other7authorization8cease and desist ogram"meansa,11nondisciplinary monitoring program approved by a gulatory15mechanism used by a party state to grant legal authority to16practice as an APRN;1718(v)"APRN uniform licensure requirements" ents as adopted by the atedintegratedprocesslicensure informationfor6collecting,system"storingandHB0056
201616LSO-0157STATE OF WYOMING1sharinginformation2activities3administered by a nonprofit organization composed of and4controlled by licensing tigatoryinformation" g board, after a preliminary inquiry that includes11notification and an opportunity for the APRN to respond, if12required13groundless and, if proved true, would indicate more than a14minor infraction; gativeinformationthat17indicates that the APRN represents an immediate threat to18public health and safety regardless of whether the APRN has19been notified and had an opportunity to ymeanslimitation7aon,revocationthefullorandHB0056
201616LSO-0157STATE OF dbyalicensing345(ix)"Home state" means the party state that isthe APRN's primary state of regulatory body responsible for regulating the practice of9advanced practice registered nursing;1011(xi)"Multistate license" means an APRN license12to practice as an APRN issued by a home state licensing13board that authorizes the APRN to practice as an APRN in14all party states under a multistate licensure privilege, in15the same role and population focus as the APRN is licensed16in the home e20license that permits an APRN to practice as an APRN in a21remote state, in the same role and population focus as the22APRN is licensed in the home state;238HB0056
2016116LSO-0157STATE OF WYOMING(xiii)"Noncontrolled prescription drug" means a2device or drug that is not a controlled substance and is3prohibited under state or federal law from being dispensed4without a prescription. The term includes a device or drug5that6federal law prohibits dispensing without prescription" or7"prescription8federal law;bearsor isrequiredonly"orto bear the ith91011(xiv)"Partyanystatethathasadopted this compact;1213(xv)that"Population focus" means a specific , certification and commission eansthelegal18authority to prescribe medications and devices as defined19by party state laws;202122(xvii)"Remote state" means a party state thatis not the home state;239HB0056
201616LSO-0157STATE OF ense issued by a party state that authorizes practice3only4multistate5party territoryorDistrictofthe1011(xx)rules"State practice laws" means a party ,13define the scope of advanced nursing practice, including14prescriptive authority, and create the methods and grounds15for imposing discipline. State practice laws do not include16the requirements necessary to obtain17license, except for qualifications or requirements of the18home state.and retain an APRN1920ARTICLE III21General Provisions and Jurisdiction2210HB0056
2016116LSO-0157STATE OF WYOMING(a)A state must implement procedures for considering2the criminal history records of applicants for initial APRN3licensure or APRN licensure by endorsement. The procedures4shall5biometric6purpose of obtaining an applicant's criminal history record7information from the federal bureau of investigation and8the agency responsible for retaining that state's 14APRN multistate licensure in party states, provided that15the commission may adopt rules whereby an APRN, with an16unencumbered license on the effective date of this compact,17may18multistate license in a party derAPRNtomustobtainmeet,orretainin addition toamultistate21license, an22licensure requirements, the home state's qualifications for11the uniformHB0056
201616LSO-0157STATE OF WYOMING1licensure or renewal of licensure, as well as, all other2applicable home state roved APRN roles and population foci for licensure as an6APRN. An APRN issued a multistate license shall be licensed7in an approved APRN role and at least one (1) approved8population focus.910(e)An APRN multistate license issued by a home state11to a resident in that state will be recognized by each12party state as authorizing the APRN to practice as an APRN13in14privilege, in the same role and population focus as the15APRN is licensed in the home state. If an applicant does16not17license may be issued by a home n drugs, unless the APRN was licensed by ome12forstate'snoncontrolledadoptionofthisHB0056
201616LSO-0157STATE OF WYOMING1compact and has not previously held prescriptive authority.2Further:34(i)An APRN granted prescriptive authority for5noncontrolled6exercise7prescription drugs in any remote state while exercising ltistatemeetany10additional eligibility requirements imposed by the remote11state12noncontrolled prescription Prescriptiveauthorityinthehomestate15for an APRN who was not granted prescriptive authority at16the time of initial licensure by the home state, prior to17the adoption of this compact, shall be determined under18home state law;1920(iii)Prescriptive authority eligibility for an21APRN holding a single state license shall be determined22under the law of the licensing state.2313HB0056
2016116LSO-0157STATE OF WYOMING(g)For each state in which an APRN seeks authority2to prescribe controlled substances, the APRN shall satisfy3all4renewing such r56(h)An APRN issued a multistate license is e10exercised in the home state and in any remote state11which the APRN exercises a multistate licensure privilege.12For an APRN issued a single state license in a party state,13the14relationship15applicable party state atesshallbeauthorized,in18accordance with state due process laws, to take adverse19action20such21action22under a multistate licensure privilege, including cease and23desist actions. If a party state takes any action, it rizationprivilegeanytootherpracticeHB0056
201616LSO-0157STATE OF tify the home state of any actions by remote lofthepromptly56(k)An APRN practicing in a party state must comply7with the state practice laws of the state in which the8client is located at the time service is provided. APRN9practice is not limited to patient care, but shall include10alladvancednursing11practice laws of the party state in which the client is12located. APRN practice in a party state under a multistate13licensure14jurisdiction of the licensing board, the courts and the15laws of the party state in which the client is located at16the time service is ivilege to practice registered nursing granted by a party22state23satisfying any state law requirement for registered sasHB0056
201616LSO-0157STATE OF WYOMING1licensure as a precondition for authorization to practice2as an APRN in that state.34(n)Individuals not residing in a party state shall5continue to be able to apply for a party state's single6state APRN license as provided under the laws of each party7state. However, the single state license granted to these8individuals9privilege to practice as an APRN in any other party state.willnotberecognizedasgrantingthe1011ARTICLE IV12Applications for APRN Licensure in a Party State1314(a)Upon application for an APRN multistate holder of a licensed practical/vocational nursing license,19a20registered nurse license issued by any other state, whether21there are any encumbrances on any license or eanyorHB0056
201616LSO-0157STATE OF WYOMING1multistate licensure privilege held by the applicant and2whether3alternative (b)AnAPRNmayholdamultistateAPRNlicense,6issued by the home state, in only one (1) party state at a7time.89(c)If an APRN changes primary state of residence by10moving between two (2) party states, the APRN must apply11for12multistate license issued by the prior home state shall be13deactivated in accordance with applicable commission rules14and the 617(i)The APRN may apply for licensure in advanceof a change in primary state of ryandnotbeprovidesstatesatisfiesofallHB0056
201616LSO-0157STATE OF WYOMING1applicable requirements to obtain a multistate APRN license2from the new home state.34(d)If an APRN changes primary state of residence by5moving from a party state to a nonparty state, the APRN6multistate7convert to a single state license, valid only in the former8home LE V11Additional Authorities Invested in Party State rsconferredbystate law, a licensing board shall have the authority to:1617(i)Takeadverse18multistatelicensure19party state as RN'sthat2021(A)Only the home state shall have power to22take adverse action against an APRN's license issued by the23home state;18HB0056
201616LSO-0157STATE OF WYOMING12(B)For purposes of taking adverse action,3the home state licensing board shall give the same priority4and effect to reported conduct that occurred outside of the5home state as it would if such conduct had occurred within6the home state. In so doing, the home state shall apply its7own state laws to determine appropriate action.89(ii)Issue cease and desist orders or impose an10encumbrance on an APRN's authority to practice within that11party state;1213(iii)whoComplete any pending investigations of an14APRNchanges15course of such investigations. The licensing board rdinated21notify the new home state of any such rsystemtheshallofthepromptly2219HB0056
201616LSO-0157STATE OF tigations that require the attendance and testimony of3witnesses,4Subpoenas issued by a party state licensing board for the5attendance and testimony of witnesses or the production of6evidence from another party state shall be enforced in the7latter8according9considering subpoenas issued in its own proceedings. The10issuing licensing board shall pay any witness fees, travel11expenses, mileage and other fees required by the service12statutes of the state in which the witnesses or evidence13are minal19federal bureau of investigation record search on criminal20background checks and use the results in making resultsofforthe2220HB0056
201616LSO-0157STATE OF r from the affected APRN the costs of investigations3and disposition of cases resulting from any adverse action4taken against that APRN; and56(vii)ofTake adverse action based on the licensing board follows its own procedures for taking the9adverse against an APRN's multistate licensure, the privilege to13practice14licensure15encumbrances have been removed from the APRN's multistate16license.17adverse action against an APRN's multistate license shall18include a statement that the APRN's multistate licensure19privilege is deactivated in all party states during the20pendency of the untilthatallimpose212223(c)state'sNothing in this compact shall override a 056
201616LSO-0157STATE OF WYOMING1program may be used in lieu of adverse action. The home2state3licensure4APRN for the duration of the APRN's participation in an5alternative vatethemultistatemultistatelicenseofany67ARTICLE VI8Coordinated Licensure Information System and Exchange cal/vocational15information on the licensure and disciplinary history of16each APRN, as submitted by party states, to assist in the17coordinated18enforcement tor22system, shall formulate necessary and proper procedures einformationHB0056
201616LSO-0157STATE OF WYOMING1the identification, collection and exchange of information2under this compact.34(c)All licensing boards shall promptly report to the5coordinated6action, any current significant investigative tate er1213(d)Current significant investigative information and14participation15programs16licensure information system only to party state Notwithstanding any other provision of law, all20partystatelicensingboards contributing21the coordinated licensure information system may designate22information that may not be shared with nonparty states or23informationtoHB0056
201616LSO-0157STATE OF ess permission of the contributing state.withoutthe34(f)theAny personally identifiable information s except to the extent permitted by the laws of9the party state contributing the ecoordinated12licensure information system that is subsequently required13to be expunged by the laws of the party state contributing14the15licensure information nclude, at a i)Identifying information;2324HB0056
201616LSO-0157STATE OF WYOMING1(ii)Licensure data;234(iii)Information related to alternative programparticipation information; and56(iv)Other information that may facilitate the7administration of this compact, as determined by commission8rules.910(j)The compact administrator of a party state shall11provideallinvestigativedocuments12requested by another party state.andinformation1314ARTICLE VII15Establishment of the Interstate Commission of APRN Compact16Administrators1718(a)The party states hereby create and establish a19joint public agency known as the Interstate Commission ancewiththe2225HB0056
201616LSO-0157STATE OF WYOMING1(i)2party states;The commission is an instrumentality of the34(ii)Venue is proper, and judicial proceedings5by or against the commission shall be brought solely and6exclusively, in a court of competent jurisdiction where the7principal8commission may waive venue and jurisdictional defenses ntsistolocated.Theparticipateinalternative dispute resolution proceedings;111213(iii)Nothing in this compact shall be construedto be a waiver of sovereign immunity.141516(b)Membership, voting and meetings of the commissionshall be as follows:1718(i)Each party state shall have and be limited19to one (1) administrator. The head of the state licensing20board21compact22removed or suspended from office as provided by the law of23the state from which the administrator is appointed. nistratoradministratorofthismaybeHB0056
201616LSO-0157STATE OF edin2accordance with the laws of the party state in which the3vacancy exists;45(ii)votewithEach administrator shall be entitled to one6(1)7creation of bylaws and shall otherwise have an opportunity8to9commission. An administrator shall vote in person or by10such other means as provided in the bylaws. The bylaws may11provide for an administrator's participation in meetings by12telephone or other means of hecalendarcommissionyear.shallAdditionalmeet atleastmeetingsonce15duringshallbe16held as set forth in the bylaws or rules of the commission;1718(iv)All meetings shall be open to the public19and public notice of meetings shall be given in the same20manner21Article B0056
20161216LSO-0157STATE OF ic meeting if the commission must discuss:345(A)Noncompliance of a party state with itsobligations under this compact;67(B)9procedures related to specific employees or other mattersrelatedthe11and cticesorpersonnel ticipated rchase or sale of goods, services or real y censuring any person;2128HB0056
201616LSO-0157STATE OF WYOMING1(F)Disclosureoftradesecretsor2commercial or financial information that is privileged or3confidential;45(G)whereDisclosure of information of a nwarranted invasion of personal piled for law enforcement any reports prepared by or on behalf of the commission for14the15compact; (K)Mattersspecificallyexemptedfromdisclosure by federal or state statute.1920(vi)If a meeting or portion of a meeting is21closed pursuant to this subsection, the commission's legal22counsel or designee shall certify that the meeting may HB0056
201616LSO-0157STATE OF WYOMING1provision. The commission shall keep minutes that fully and2clearly describe all matters discussed in a meeting and3shall provide a full and accurate summary of actions taken4and the reasons for the action, including a description of5the views expressed. All documents considered in connection6with7minutes8under seal, subject to release by a majority vote of the9commission or order of a court of competent jurisdiction.an action shallanddocumentsbeofidentified inaclosedthe minutes.meetingshallAllremain1011(c)The commission shall, by a majority vote of its13conduct as may be necessary or appropriate to carry out the14purposes and exercise the powers of this compact, including15but not limited ures:2230HB0056
20161216LSO-0157STATE OF WYOMING(A)For the establishment and meetings ofother committees; and345(B)Governinganygeneralorspecificdelegation of any authority or function of the 8calling and conducting meetings of the commission, ensuring9reasonable advance notice of all meetings and providing an10opportunity for attendance of the meetings by interested11parties, with enumerated exceptions designed to protect the12public's13proprietary14commission may meet in closed session only after a majority15of the administrators vote to close a meeting in whole or16in part. As soon as practicable, the commission shall make17public a copy of the vote to close the meeting ishing the titles, duties, authority22and reasonable procedures for the election of the officers23of the commission;31HB0056
201616LSO-0157STATE OF ures for the establishment of the personnel policies4and programs of the commission. Notwithstanding any civil5service6bylaws shall exclusively govern the personnel policies and7programs of the (vi)Providinga mechanismfor windingupthe10operations of the commission and the equitable disposition11of any surplus funds that may exist after the termination12of this compact after the payment and reserving of all of13its debts and obligations.1415(d)The commission shall publish its bylaws and rules16and any amendments, in a convenient form on the website of17the inancialrecords in accordance with the bylaws.2132HB0056
2016116LSO-0157STATE OF WYOMING(f)The commission shall meet and take actions as ctandthe45(g)The commission shall have the following nd coordinate implementation and administration of9compact. The rules shall have the force and effect of law10thisand shall be binding in all party states;1112(ii)To bring and prosecute legal proceedings or13actions in the name of the commission, provided that the14standing of any licensing board to sue or be sued under15applicable law shall not be andbonds;1920(iv)To borrow, accept or contract for services21of personnel, including but not limited to employees of a22party state or nonprofit organizations;2333HB0056
201616LSO-0157STATE OF WYOMING1(v)To cooperate with other organizations nt8officers,9individuals appropriate authority to carry out the purposes10of this compact and to establish the commission's personnel11policies and programs relating to conflicts of oacceptanyandallappropriate16donations, grants and gifts of money, equipment, supplies,17materials and services, and to receive, utilize and dispose18of the same. At all times the commission shall strive iategifts or donations of, or otherwise to own, hold, improve34HB0056
201616LSO-0157STATE OF WYOMING1or use,
5 "Advanced Practice Registered Nurse Compact." 6 7 33-21-302. Compact provisions generally. 8 9 The Advanced Practice Registered Nurse Compact is enacted 10 into law and entered into on behalf of this state with all 11 other states legally joining in the compact in a form 12 substantially as follows: 13 14 ARTICLE I
