2006 News Releases
S.C. To Join Nurse Licensure Compact February 1, 2006
Many employers and licensees have been eagerly awaiting the Multi-state Nurse Licensure Compact (Compact) to come to South Carolina.
Governor Mark Sanford signed the Nurse Licensure Compact Act into law on May 26, 2005. The full text of this act can be viewed on the South Carolina Legislature Online Web site. The Act has been reviewed, and on September 16, 2005, the Nurse Licensure Compact Administrators (NLCA) admitted South Carolina to the Compact.
The Compact will be implemented in South Carolina on February 1, 2006.
What is the Nurse Licensure Compact Act?
The Nurse Licensure Compact allows a registered nurse or licensed practical nurse licensed in a Compact state to practice across state lines in another compact state without having to obtain a license in the other state. It is important to remember that the Nurse Licensure Compact requires nurses to adhere to the nursing practice laws and rules of the state in which he/she practices under his/her Compact license. In the case of electronic nursing practice (telenursing), the nurse must adhere to the practice standards of the state in which the client receives care.
A Compact (party) state is a state that has passed legislation, which has been approved by the NLCA, and has implemented the Compact. Currently, the states of Arizona, Arkansas, Delaware, Idaho, Iowa, Maine, Maryland, Mississippi, Nebraska, New Mexico, North Carolina, North Dakota, South Dakota, Tennessee, Texas, Utah, Virginia, and Wisconsin have passed and have implemented the Compact. The following states are in the process of implementing the Compact: NJ, NH and S.C.. Please visit the National Council of State Boards of Nursing (NCSBN) Web site (www.ncsbn.org) for updates as more states join and implement the Compact.
Important Question Regarding the Nurse Licensure Compact Act:
Q: How will the Nurse Licensure Compact affect nurses who live in South Carolina?
A: After implementation, nurses who live in South Carolina will no longer obtain (or renew) a license in any of the other states that have enacted the interstate Compact. A nurse who resides in S.C. and holds an unencumbered S.C. nursing license will have the ‘privilege to practice’ in any of the other Compact (party) state with their multi-state license. Nurses must have licenses in all Non-Compact states where they practice. Only when a nurse moves to another Compact states will he/she be required to apply for and obtain a nursing license in that state. When a nurse changes residency to a Non-Compact state, he/she will be required to apply for and obtain a nursing license in that state. Nurses must meet the requirements to obtain and renew their license in their primary state of residence. Primary state of residence means "the person's fixed permanent and principal home for legal purposes; domicile".
Q: How is primary residency for licensure purposes determined?
A: Compact rules and regulations will require each nurse to declare in writing his/her primary state of residence upon initial application and renewal of the nursing license. Sources of proof that boards of nursing may use to verify primary residence include, but are not limited to, one’s federal tax return, voter registration card, or driver’s license. The Compact primary residence rule does not apply to military nurses or nurses in the federal government, unless they are working outside of their military or government position.
Q: Does the Compact affect APRNs, CRNAs, or CNMs?
A: No. The Compact does not include Advanced Practice Registered Nurses (APRN), Certified Registered Nurse Anesthetist (CRNA), or Certified Nurse Midwives (CNM) due to the lack of uniformity in licensure requirements and titles among states. APRNs, CRNAs, and CNMs will need to continue to obtain state licensure in any state in which they practice. South Carolina APRNs, CRNAs and CNMs may practice in other states as registered nurses under the Compact but not as APRNs, CRNAs and CNMs.
Q: I am in the military or work for the federal government. How does the Compact affect me?
A: Nurses in the military or working for the federal government shall continue to be licensed in accordance with the rules of the military branch or federal government agency where employed. If the nurse has a Compact state license, the nurse will have a multi-state privilege to practice in other compact states. If the nurse has a non-Compact state license, the mutual recognition licensure rules do not apply. Should the nurse choose to work outside of the military or federal government, the nurse must comply with the licensure requirements of the state. If the state has implemented the Compact, the nurse must comply with all aspects of the Compact.
Q: How are complaints about nurses handled within the Compact?
A: The Compact authorizes the nurse licensing board of any Compact state (home or remote) to investigate allegations of unsafe practice by any nurse practicing in that state. Based upon the outcome of the investigation, a remote state licensing board may deny the nurse’s privilege to practice in that state. Only the nurse’s home state (state of residence) licensing board may take disciplinary action against the nurse’s license. States will continue to apply the same administrative and due process procedures for imposing discipline as they have always done. However, Compact states will have more timely access to information, including current significant investigative information and the disciplinary history of nurses, through the coordinated licensure information system (NURSYS).
Q: How do I get more information about the Nurse Licensure Compact?
A: Information regarding implementation and other information will be posted on the LLR Web site. Check the Board's Web site routinely for up to date information and timelines and watch for updates in the Board’s newsletter. The National Council of State Boards of Nursing has a Web site that offers further information on the Compact as well as links to other boards of nursing.