Citation: Glazer, G. (May 4, 1999). Legislative Column: "Legislative and Policy Issues Related to Interstate Practice: Board Position Statement." Online Journal of Issues in Nursing. Available: www.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/Columns/Legislative/BoardPositionStatement.aspx
POSITION STATEMENT OF THE ANA BOARD OF DIRECTORS ON THE NURSE LICENSURE COMPACT
The ANA Board of Directors has grave concerns about the current Nurse Licensure Compact developed by the National Council of State Boards of Nursing (NCSBN). The 1998 ANA House of Delegates identified guiding criteria needed in the interstate compact to avoid undue impact on consumers, nurses and the profession. While the ANA and the NCSBN were able to elucidate several terms contained within the compact, clarify the sharing of confidential information specifically related to disciplinary matters, and address the compact’s impact on existing state labor laws, the ANA BOD continues to believe that the following guidelines, identified in the 1998 HOD action as critical, have not been adequately addressed:
- The state of predominant practice should be the state of licensure; if the nurse is not practicing, the nurse should be licensed in his/her state of residence; (HOD Policy #8.13, paragraph 4.1)
- Interstate practice must not be implemented in a way that allows persons to circumvent or contravene existing public policy as expressed by state’s laws or policies, including laws on the use of strikebreakers and striker replacement or initial and continuing licensure requirements. (HOD Policy #8.13, paragraph 4.n)
- Approaches to interstate advanced practice nursing should be addressed for consistency in connection with interstate practice for other RN’s; (HOD Policy #8.13, paragraph, 4.I)
- Mechanisms should be in place that ensure nurses have ready and ongoing access to practice-related information, including current board of nursing policies; (HOD Policy #8.13, paragraph 4.j)
- Mechanisms should be in place to ensure that a board of nursing knows who is practicing in its state under authority of a license granted by another state or through an interstate practice agreement; (HOD Policy #8.13, paragraph 4.k)
- The right of individual nurses to a fair hearing of any disciplinary matter must be protected; and, no unfair or undue burden, financial or otherwise, should be placed on a nurse’s exercising his/her right to a fair hearing; (HOD Policy #8.13, paragraph 4.h)
- The rule-making process to implement any interstate practice legislation should be clearly spelled out in the legislation, and proposed implementation regulations of key provisions should be developed simultaneously with any legislation; (HOD Policy #8.13, paragraph 4.b)
ANA recognizes the need for research and data collection related to the practice of nursing across state boundaries. Thus the ANA BOD believes that data regarding the impact of interstate practice on consumers, nurses and the profession should be collected, evaluated and reported. The ANA BOD also believes that further development of this idea should proceed in collaboration with ANA and SNAs.
ANA Board of Directors–February 17, 1999
Revised: February 26, 1999
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© 1999 Online Journal of Issues in Nursing
Article published May 4, 1999