Mass. Gen. Laws ch. 112A, sec. 2 — MA Code / Part I / Title XVI / Chapter 112A / Section 2
Multistate license to practice as a nurse; criminal history records; qualifications; revocation, suspension or probation; compliance with state practice laws; single-state license
Status: in_force

Section 2. (a) A multistate license to practice as a nurse issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in each party state. (b) A state shall 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's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state'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: (i) the applicant shall meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws; (ii)(A) the applicant shall have graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that: (1) has been approved by the authorized accrediting body in the applicable country; and (2) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program; (iii) if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual's native language, the applicant shall have successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; (iv) the applicant has successfully passed an NCLEX–RN|Pr or NCLEX–PN|Pr Examination or recognized predecessor, as applicable; (v) the applicant is eligible for or holds an active, unencumbered license; (vi) the applicant 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's criminal records; (vii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal law; (viii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; (ix) the applicant is not currently enrolled in an alternative program; (x) the applicant is subject to self-disclosure requirements regarding current participation in an alternative program; and (xi) the applicant 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's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse'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 shall 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's single-state license as provided by the laws of each party state; provided, however, that the single-state license granted to these individuals shall 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) A nurse holding a home state multistate license on the effective date of this compact in the commonwealth may retain and renew the multistate license issued by the nurse's then-current home state; provided, however, that: (i) a nurse who changes primary state of residence after this compact's effective date in the commonwealth shall meet all applicable requirements of this section to obtain a multistate license from a new home state. (ii) a nurse who fails to satisfy the multistate licensure requirements of this section due to a disqualifying event occurring after this compact's effective date in the commonwealth shall not be eligible to retain or renew a multistate license and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.

Section 2. (a) A multistate license to practice as a nurse issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as a registered nurse, a licensed practical or vocational nurse under a multistate licensure privilege in each party state.

(b) A state shall 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's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state'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:

(i) the applicant shall meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws;

(ii)(A) the applicant shall have graduated or is eligible to graduate from a licensing board-approved registered nurse or practical or vocational nurse pre-licensure education program; or (B) has graduated from a foreign registered nurse or practical or vocational nurse pre-licensure education program that: (1) has been approved by the authorized accrediting body in the applicable country; and (2) has been verified by an independent credentials review agency to be comparable to a licensing board-approved pre-licensure education program;

(iii) if a graduate of a foreign pre-licensure education program not taught in English or if English is not the individual's native language, the applicant shall have successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;

(iv) the applicant has successfully passed an NCLEX–RN|Pr or NCLEX–PN|Pr Examination or recognized predecessor, as applicable;

(v) the applicant is eligible for or holds an active, unencumbered license;

(vi) the applicant 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's criminal records;

(vii) the applicant has not been convicted or found guilty, or entered into an agreed disposition, of a felony offense under applicable state or federal law;

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

(ix) the applicant is not currently enrolled in an alternative program;

(x) the applicant is subject to self-disclosure requirements regarding current participation in an alternative program; and

(xi) the applicant 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's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse'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 shall 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's single-state license as provided by the laws of each party state; provided, however, that the single-state license granted to these individuals shall 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) A nurse holding a home state multistate license on the effective date of this compact in the commonwealth may retain and renew the multistate license issued by the nurse's then-current home state; provided, however, that:

(i) a nurse who changes primary state of residence after this compact's effective date in the commonwealth shall meet all applicable requirements of this section to obtain a multistate license from a new home state.

(ii) a nurse who fails to satisfy the multistate licensure requirements of this section due to a disqualifying event occurring after this compact's effective date in the commonwealth shall not be eligible to retain or renew a multistate license and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.