DAR File No. 28124

Commerce, Occupational and Professional Licensing

R156-31c-201

Issuing a License

NOTICE OF PROPOSED RULE

DAR File No.: 28124
Filed: 08/01/2005, 03:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division is amending the rule in order to comply with the model Compact Rules established by the Nurse Licensure Compact Administrators in accordance with Title 58, Chapter 31c, Article VIII, Subsection (3).

Summary of the rule or change:

Subsection R156-31c-201(1) is added to require all applicants for a Compact license with a multi-state privilege to have taken the National Council Licensure Examination of the National Council of State Boards of Nursing (NCLEX) examination or a predecessor exam. The NCLEX exam is the national exam required by the majority of states including Utah. Some states do not require Canadian nurses or nurses from Puerto Rico to take the NCLEX prior to licensure. This rule change will mandate that anyone working in Utah on a multi-state privilege will have met the same testing requirements for licensure as required of any Utah applicant.

State statutory or constitutional authorization for this rule:

Section 58-31c-103 and Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

Utah law already requires the NCLEX exam for any nursing applicants so there would not be a fiscal note to the state/division budget other than approximately $50 to reprint the rule once the proposed amendment is made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed changes will not affect local governments; therefore no costs or savings are anticipated. The proposed changes only affect foreign educated nurses who may apply for licensure in a Compact state in the future and have not taken the NCLEX examination.

other persons:

The proposed changes will only affect foreign educated nurses who may apply for licensure in a Compact state and have not taken the NCLEX examination. The cost of the NCLEX examination is $200. The number of foreign nurses who apply for licensure in Utah is small and Utah already requires the NCLEX examination as a prerequisite for licensure; therefore no aggregate amount is available.

Compliance costs for affected persons:

The proposed changes will only affect foreign educated nurses who may apply for licensure in a Compact state and have not taken the NCLEX examination. The cost of the NCLEX examination is $200. This rule change is in anticipation of states coming into the Compact which do not require the NCLEX exam of all applicants. It is believed that the change will have a very little impact on nurse applicants because the majority of states already require the NCLEX examination.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing is a clarification of Utah's examination requirement indicating that the NCLEX examination also applies to foreign educated nurses applying for licensure in a Compact state. No fiscal impact to businesses is anticipated as a result of this clarifying amendment. Jason P. Perry, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2005

This rule may become effective on:

09/15/2005

Authorized by:

J. Craig Jackson, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-31c. Nurse Licensure Compact Rules.

R156-31c-201. Issuing a License.

(1) As of July 1, 2005 no applicant for initial licensure will be issued a compact license granting a multi-state privilege to practice unless the applicant first obtains a passing score on the applicable NCLEX examination or any predecessor examination used for licensure.

([1]2) A nurse applying for a license in a home party state shall produce evidence of the nurse's primary state of residence. Such evidence shall include a declaration signed by the licensee. Further evidence that may be requested may include:

(a) driver's license with a home address;

(b) voter registration card displaying a home address; or

(c) federal income tax return declaring the primary state of residence.

([2]3) A nurse changing primary state of residence, from one party state to another party state, may continue to practice under the former home state license and multi-state privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 30 days.

([3]4) The licensure application in the new home state of a nurse under pending investigation by the former home state shall be held in abeyance and the 30 day period in Subsection (2) shall be stayed until resolution of the pending investigation.

([4]5) The former home state license shall be expired and no longer valid upon the issuance of a new home state license.

([5]6) If a decision is made by the new home state denying licensure the new home state shall notify the former home state within ten business days and the former home state shall take action in accordance with that state's laws and rules.

KEY: nurses, licensing

[February 15, 2000]2005

Notice of Continuation November 29, 2004

58-31c-103

58-1-106(1)(a)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.