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Enhanced Nurse Licensure Compact Rule Proposal: Dispute Resolution & Compliance and Enforcement

Texas medical license defenseThe enhanced Nurse Licensure Compact (eNLC) took effect in Texas in January 2018. The purpose of the eNLC is to allow nurses to have mobility across state borders and to increase access to healthcare while maintaining protections for the public. The eNLC allows registered nurses (RNs) and licensed vocational nurses (LVNs) to have one multistate license, with the privilege to practice nursing in Texas and in other eNLC states physically, electronically, or telephonically.

Notice of Enhanced Nurse Licensure Compact Rule Proposal

The Texas Occupations Code § 304.0015, Article VIII(c), requires each licensing board to provide notice of proposed rulemaking "at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon," on the licensing board's website. The Texas Board of Nursing (BON) has published the notice of eNLC rule proposal on its home page.

The public hearing on the eNLC rule proposal was Friday, June 29th at 2:00 p.m. central time. Anyone interested was able to present verbal comments on the proposed rules by attending this public hearing via teleconference or in person (in Chicago at the National Council of State Boards of Nursing headquarters). All parties would have used the eNCL Rules website (https://www.ncsbn.org/enlcrules.htm) for registration to attend the hearing or for submission of comments. The deadline for comments was also Monday, July 2nd at 9:00 a.m. central time.

The proposed date of the meeting at which the rule will be considered and voted upon is August 14, 2018. Please stand by.

eNLC Rule Proposal

Under Article VII Establishment of Interstate Commission Nurse Licensure Compact Administrators, it is proposed that the Interstate Commission of Nurse Licensure Compact Administrators shall have the following powers: "To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all party states." Article VII(g)(1).

Dispute Resolution

The Commission's proposed rule regarding dispute resolution between two or more party states is as follows:

Informal Resolution: The parties shall first attempt informal resolution. The Compact Administrators in the involved states shall submit a written statement describing the situation, and share that statement with the other Compact Administrator(s). Then each Compact Administrator may submit a response. "If an interpretation of the Compact is needed, the parties shall request assistance from the Executive Committee. If all issues are resolved, no further action is required and all party state Compact Administrators shall be informed of the result. If any issue remains unresolved, the parties shall notify the Commission and request mediation."

Mediation: "A party state that has a dispute with one or more other party states, and informal resolution was unsuccessful, shall attempt mediation. Mediation shall be conducted by a mediator appointed by the Executive Committee from a list of mediators approved by the National Association of Certified Mediators or as agreed to by all parties."

Binding Dispute Resolution: If mediation is unsuccessful, the parties shall submit to binding dispute resolution. "The parties may choose binding dispute resolution either by submitting the dispute to the Commission for final action or by arbitration." All party states involved in the dispute must agree to arbitration in order to proceed with binding arbitration. If the party states do not agree to arbitration, then the matter "shall be referred to the Commission for final determination."

Compliance and Enforcement

Member states are required to comply with the Nurse Licensure Compact and adopted rules and regulations. The following is the eNLC proposed rule on how compliance and enforcement issues will be handled:

503.COMPLIANCE AND ENFORCEMENT

  • Compliance and enforcement issues shall be initiated by the Executive Committee.
  • The Executive Committee, through the Director, shall send a written statement to the Compact Administrator in the party state with the alleged non‐compliance issue. That Compact Administrator shall respond to the written statement within thirty calendar days.
  • The Compact Administrator may appear before the Executive Committee at a time and place as designated by the Executive Committee.
  • The Executive Committee shall make a recommendation to the Commission concerning the issue of non‐compliance.

Comments on the Proposed Rules

The Enhanced Nurse Licensure Compact Rules will affect the Texas Board of Nursing and all licensed nurses in Texas. Make your voice heard by making comments at the public hearing or by submitting your comments online.

Issues with Your Texas Nursing License

If you have been notified of a complaint filed against you with the Texas Board of Nursing, BERTOLINO LLP can help. We are experienced BON license defense attorneys and we know how to navigate BON's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.

BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (800) 210-0126 and schedule a case evaluation.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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