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24.159.504    ISSUANCE OF A LICENSE BY A COMPACT STATE

(1) For the purposes of this Compact:

(a) No applicant for initial licensure will be issued a compact license granting a multistate privilege to practice, unless the applicant first obtains a passing score on the applicable NCLEX examination or any predecessor examination used for licensure.

(b) 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, but is not limited to:

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

(ii) voter registration card displaying a home address;

(iii) federal income tax return declaring the primary state of residence;

(iv) Military Form No. 2058 - state of legal residence certificate; or

(v) W2 form U.S. Government or any bureau, division, or agency thereof indicating the declared state of residence.

(c) A nurse on a visa from another country applying for licensure in a party state may declare either the country of origin or the party state as the primary state of residence. If the foreign country is declared the primary state of residence, a single state license will be issued.

(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 which issued the license.

(e) When the board issues a license authorizing practice only in Montana and not authorizing practice in other party states, the license shall be clearly marked with words indicating that it is valid only in Montana as the state of issuance.

(f) 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 multistate licensure privilege during the processing of the nurse's licensure application in the new home state for a period not to exceed 90 days.

(g) 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 90-day period in (f) shall be stayed until resolution of the pending investigation.

(h) The former home state license shall no longer be valid upon the issuance of a new home state license.

(i) 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 may take action in accordance with that state's laws and rules.

History: 37-8-451, MCA; IMP, 37-8-451, 37-8-452, MCA; NEW, 2015 MAR p. 1389, Eff. 9/11/15.

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