Jay P. Douglas, MSM, RN, CSAC, FRE Executive Director, Virginia Board of Nursing

Mission of the Virginia Board of Nursing To assure safe and competent practice of nursing to protect the health, safety and welfare of the citizens of the Commonwealth.

Virginia Board of Nursing Criminal Background Check (CBC) Process

Authority for CBCs Virginia Code § 54.1 – ( ) Effective January 1 st, 2016: The Board shall require each applicant for licensure as a practical nurse or registered nurse to submit fingerprints and provide personal descriptive information to be forwarded along with his fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information…

Why CBC? Nurses work with vulnerable populations. Therefore, it is in the public interest to review criminal conduct and past behavior in the licensing process. Applicants with criminal histories may omit information on applications. Fingerprint-based CBC are objective and reliable. VBON responsibility to exclude individuals from licensure/registration who pose a risk to the public health and safety.

Who? All individuals seeking initial RN & LPN licensure. Includes applicants for licensure by exam and endorsement. Includes applicants for reinstatement. Does not apply to licensure renewal.

Disclosure It is important to consider when submitting your VBON license application: You are required to disclose any convictions. You are not required to disclose arrests if you were not convicted and no further action resulted from the arrest(s). However, if you were fingerprinted upon arrest for a criminal offense, it will show up on your RAP sheet.

CBC Results What happens with the results? Results are reviewed by the Board to determine:  if contains any convictions;  if contains convictions that meet the criteria under Virginia Code § for referral to Board for action;  if disclosed on previous application(s). After review process complete, applicants may be notified of the outcome by letter and/or the status will be updated on the “checklist”.

Notification Letters Notification Letters to Applicants may indicate:  Applicant’s record revealed no conviction(s), therefore, application for license may proceed through the licensing process.  Applicant’s record revealed conviction(s) that may meet the criteria for cause for denial or Board action in accordance with the BON process for non-routine applications.

Notification Letters (cont.)  Applicant’s record revealed conviction(s) that warranted approval by the Executive Director, or designee, to continue the licensing process.  Applicant’s record revealed convictions not disclosed [on current application] or [on previously submitted application documentation]; therefore, this failure to disclose conviction information may be grounds for disciplinary action or cause for denial of license.

Convictions Referred for Board Actions under § (This is not new) Conviction of any Felony or any misdemeanor involving “moral turpitude” (lying, cheating, stealing, etc.). Convictions that indicate a possible impairment or pattern of impairment (DUI, drug possession, etc.). Convictions not disclosed on current or previous applications* (*applies to reinstatements).  Failure to disclose convictions may be considered fraud or deceit in procuring or attempting to procure a license.

Other Factors Considered in Determination Each application is considered on case by case basis and there are NO absolute bars to obtaining a nursing license. However, the following factors are considered:  Number and/or pattern of convictions.  Nature of convictions.  Recency of convictions (See: BON Guidance 90-10).BON Guidance For more detailed information, DHP issued a Joint Statement with the VBON with regard to the impact of criminal histories on licensure (or employment) at: DHPBON Joint Guidance Doc doc.DHPBON Joint Guidance Doc doc

Snapshot of CBC Statistics 620 total transactions January 4 – February 12, reports received from Virginia State Police (VSP) 365 – no record 84 transactions being processed (possible or confirmed records) 3 active rejected fingerprints Approximately 15% of applicants checked “NO” to question about convictions and were found to have a record through the CBC process

The New Nurse Licensure Compact

Nurse Licensure Compact How An Interstate Compact Works Each State Enacts an IDENTICAL Compact Mutual Recognition of those who meet the requirements is outlined in the Compact Example - Driver’s License Model Nurse Licensure Compact: A state-based license( one license) Nationally Recognized Locally Enforced

Benefits of NLC Ability to share complaint & investigative information throughout the investigative course Shared responsibility for patient safety not governed by geographical boundaries Multiple states working together to assure patient safety Ability to locate, isolate or limit ability to practice on PTP

State Boards in the Compact

Key Concept: Why One License in Primary State of Residence? Policy decision to enhance public protection while retaining state based authority & reducing administrative burden Determining state of practice challenging in era of multiple employers, multiple organizational sites beyond borders & through telenursing Following a nurse through primary residence better than employment link

Proposed Changes to NLC (SB 265) Uniform Licensure Requirements Eligibility and (11) uniform licensure requirements (ULRs) for a multistate license Important to understand that these requirements : Are for a multistate license in the home state and Do not preclude a state from issuing a single state license

11 Uniform Licensure Requirements SB265 1) Meets home state’s requirements 2) Board-approved program graduate 3) Foreign-educated program approved by authorized independent credentials review agency 4) Foreign – proof of English proficiency 5) NCLEX Passage 6) Active, not disciplined license 7) Biometric Background Checks (state & federal) 8) No Felony; no misd related to practice (not currently VA requirement) 9) Not in an alternative program( Va HPMP) 10) Self-disclosure requirement – alternative program 11) Valid U.S. SSN (not currently VA requirement) 20

Enhanced NLC (SB265) Grandfathering provision Oversight by Interstate Commission of NLC Ensures compliance by member states

Effective Date of New Compact (1 of 2) A state must pass legislation adopting the Compact to join: Compact does not become effective until the earlier of: Enactment by 26 states, or December 31, 2018 If 26 states join by January 1, 2017, the Compact becomes effective; If only 20 states have joined by December 31, 2018, the Compact still becomes effective.

More on Effective Date (2 of 2) Multi-state licenses issued under the prior Compact will still be recognized by party states to the new Compact for 6 months after the effective date

Compact Information Sign up for Updates at Enroll yourself in e-Notify at Employers enroll staff in e-Notify at 24

Continued Competency

Continued Competency: Key Requirements Applies to active RNs and LPNs only Attestation of continued competency required at renewal, beginning August 2015 Continued Competency Requirements to renew active license captured in 18 VAC (A) 9 Options to meet these requirements – allowing for varied practice settings (education, research, clinical and non-clinical practice)

Nine Options….. (1-6) Current specialty certification by a national certifying organization –or- Completion of minimum of 3 credit hours of post- licensure academic education relevant to nursing –or- Board approved refresher course in nursing –or- Completion of nursing related, evidence based practice project or research study –or- Completion of publication as author or co-author during a renewal cycle –or- Teaching or developing a nursing related course/no less than 3 semester hours of college credit, a 15 week course, or specialty certification –or-

Nine Options…… (7-9) Teaching or developing nursing related continuing education courses for up to 30 contact hours –or- 15 contact hours (workshops, seminars, conferences, or courses) relevant to the practice of nursing WITH 640 hours of active practice as a nurse –or- 30 contact hours (workshops, seminars, conferences, or courses) relevant to the practice of nursing

Continued Competency: Key Requirements (cont’d) If using one of two Contact Hour options, must be offered by provider recognized/approved by one of 12 listed – as captured in 18 VAC (B) – and relevant to nursing No mechanism for VA BON to review and approve CE courses Must fully meet one of the nine options during renewal cycle

Continued Competency: Key Requirements (cont’d) Not intended to be duplicative (employer require- ments or dual licensure) Exempt for first cycle of renewal after initial licensure in VA Provision for exemptions - only for good cause or circumstances beyond control (ie, temporary disability, military service, declared disasters) Documentation of compliance for the 9 options is captured in 18 VAC (B)

Continued Competency: Key Requirements (cont’d) Must maintain documentation for 2 years after renewal (essentially 4 years) Documentation of compliance is not submitted with renewal, but may be requested by Board (ie, audit, part of standard of care investigation) FAQ’s (handout provided) and on website CC Regulations in full posted on website as of 7/31/2013: Law and Regulations; Laws Governing Nursingwww.dhp.virginia.gov/nursing