Final Text
Part II
Multistate Licensure Privilege
18VAC90-19-80. Issuance of a license with a multistate licensure privilege.
A. To be issued a license with a multistate licensure
privilege by the board or to change the primary state of residency, a
nurse currently licensed in Virginia or a person applying for licensure in
Virginia shall submit a declaration stating that his primary residence is in
Virginia. Evidence of a primary state of residence may be required to include:
1. A driver's license with a home address;
2. A voter registration card displaying a home address;
3. A federal or state tax return declaring the primary state
of residence;
4. A Military Form No. 2058 state of legal residence; or
5. A W-2 from the United States government or any bureau,
division, or agency thereof indicating the declared state of residence.
B. A nurse on a visa from another country applying for
licensure in Virginia may declare either the country of origin or Virginia as
the primary state of residence. If the foreign country is declared as the
primary state of residence, a single state license shall be issued by Virginia.
C. A nurse changing the primary state of residence from
another party state to Virginia may continue to practice under the former party
state license and multistate licensure privilege during the processing of the
nurse's licensure application by the board for a period not to exceed 90 days.
1. If a nurse is under a pending investigation by a former
home state, the licensure application in Virginia shall be held in abeyance and
the 90-day authorization to practice stayed until resolution of the pending
investigation.
2. A license issued by a former party state shall no longer
be valid upon issuance of a license by the board.
3. If the board denies licensure to an applicant from
another party state, it shall notify the former home state within 10 business
days, and the former home state may take action in accordance with the laws and
regulations of that state
D. A license issued by a party state is valid for practice
in all other party states, unless clearly designated as valid only in the state
that issued the license. When a party state issues a license authorizing
practice only in that state and not authorizing practice in other party states,
the license shall be clearly marked with words indicating that it is valid only
in the state of issuance shall comply with the regulations adopted by
the Interstate Commission of the Nurse Licensure Compact Administrators (https://www.ncsbn.org/enlcrules.htm)
and provisions of Article 6.1 (§ 54.1-3040.1 et seq.) of Chapter 30 of Title
54.1 of the Code of Virginia in effect at the time of the application.
18VAC90-19-90. Limitations of a multistate licensure
privilege. (Repealed.)
A. The board shall include in all disciplinary orders that
limit practice or require monitoring the requirement that the licensee subject to
the order shall agree to limit practice to Virginia during the period in which
the order is in effect. A nurse may be allowed to practice in other party
states while an order is in effect with prior written authorization from both
the board and boards of other party states.
B. An individual who had a license that was surrendered,
revoked, or suspended or an application denied for cause in a prior state of
primary residence may be issued a single state license in a new primary state
of residence until such time as the individual would be eligible for an
unrestricted license by the prior state of adverse action. Once eligible for
licensure in the prior state, a multistate license may be issued.
Historical Notes
Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; repealed, Virginia Register Volume 34, Issue 16, eff. May 2, 2018.
18VAC90-19-100. Access to information in the coordinated
licensure information system. (Repealed.)
A licensee may submit a request in writing to the board to
review the public data relating to the licensee maintained in the coordinated
licensure information system. In the event a licensee asserts that any related
data is inaccurate, the burden of proof shall be upon the licensee to provide
evidence that substantiates such claim. The board shall verify and correct
inaccurate data in the information system within 10 business days.
Historical Notes
Derived from Virginia Register Volume 33, Issue 10, eff. February 24, 2017; repealed, Virginia Register Volume 34, Issue 16, eff. May 2, 2018.