Copyright ©2006 CGFNS International Board Meeting October 2006 GOVERNMENTAL AFFAIRS AND PROFESSIONAL STANDARDS Report DONNA RAE RICHARDSON, JD, RN Director of Governmental Affairs and Professional Standards

Copyright ©2006 CGFNS International Board Meeting October 2006 Federal No immigration legislation has been passed. Retrogression will occur in November. However the US Citizenship and Immigration Service (CIS) announced that a priority date of October 1, 2005 has been set for Schedule A workers ( registered nurses and Physical therapists). This means they will be eligible if they filed prior to that date. Filings beginning November 1, 2006 will be temporarily unavailable. The immigration attorneys and hospitals are lobbying for a lifting of the quotas for schedule A and an increase for H1-B visas. This would decrease the applications for CP and VisaScreen.

Copyright ©2006 CGFNS International Board Meeting October 2006 International Ukraine: the government has entered into an agreement with South Carolina hospitals to accept US nursing students. The Ukraine is investing 5 million dollars in preparing dorms, classrooms and curricula. The South Carolina hospitals will provide a subsidy for each nurse who will return to the US and work in South Carolina. The Board of Nursing has confirmed with CGFNS that the nurses will be required to have CP.

Copyright ©2006 CGFNS International Board Meeting October 2006 International China: CGFNS has received reports that nurses can no longer receive validations of their licenses from the Ministry of Health in Beijing. The nurses state they have been told to secure notarizations of their licenses. CGFNS is in communication with Ministry officials and its liaisons in China to address this issue. The regulations governing certification of health care workers requires that validations must come directly from the issuing body. We are reviewing these cases on an individual basis.

Copyright ©2006 CGFNS International Board Meeting October 2006 International India: A recruiter has sent us a copy of a notice he received regarding one of his nurses who had applied for a visa. The US Embassy in Chennai states that since NCLEX is now given in India that the nurse must show that he/she has passed NCLEX even if they have passed CP and have a visa screen. They believe that is consistent with the original Immigration Naturalization Act which states that a person must be able to perform their duties upon arrival in the US and that without the NCLEX they are hearing that nurses cannot work and support their families. CGFNS is exploring this situation as to date it appears to be isolated.

Copyright ©2006 CGFNS International Board Meeting October 2006 States: ALASKA A proposed amendment states that those nurses seeking licensure by endorsement that have passed NCLEX in another jurisdiction but were not licensed in that jurisdiction must apply for licensure by examination. CGFNS submitted a request for clarification. BON currently requires CP for licensure by exam. COLORADO The state legislature passed Senate Bill , which allows Colorado to enter into the Multi-state Nurse Licensure Compact. It should be approved and in place by July 1, 2007.

Copyright ©2006 CGFNS International Board Meeting October 2006 DELAWARE The Board of Physical Therapy requires the use of the that a report from an approved credentialing agency which uses the Coursework Evaluation Tool by FSBPT be submitted. ICD is listed as one of the approved credentialing agencies. ICHP is not because the tool is not used for visa screen. DISTRICT OF COLUMBIA The Allied and Behavioral health Boards have proposed licensure of medical technologists, speech pathologists and audiologists among 60 professions and legislation is currently before the city council. CGFNS will monitor the passage and implementation of the measure.

Copyright ©2006 CGFNS International Board Meeting October 2006 FLORIDA The Board has been experiencing difficulty accessing CES Connect because of an internet service provider (ISP) issue between the ISP and the Florida Board of Nursing. CGFNS is discussing with the Board possible alternatives in delivering completed CES Reports until the matter is addressed. ILLINOIS Senate Bill 2372 was signed by the Illinois Governor on June 26, 2006 and amends the Nursing and Advanced Practice Nursing Act. As an alternative to the CES, nurses may satisfy the required “credentials assessment” by showing either the Certification Program or the VisaScreen Assessment Certificate. The amendment becomes effective on January 1, 2007.

Copyright ©2006 CGFNS International Board Meeting October 2006 KENTUCKY The Governor signed which allows Kentucky to enter into the Multi-state Nurse Licensure Compact. It will be implemented on June 1, Rules regarding the requirements a foreign-educated physical therapist for licensure in the state of Kentucky states an “approved credentialing agency” that uses the Coursework Evaluation Tool by FSBPT must be submitted. ICD is listed but ICHP is not as the FSBPT coursework tool is not used for VisaScreen. MARYLAND CGFNS staff met with both the Maryland Board of Nursing and the Maryland Board of Physical Therapy June 21, 2006.

Copyright ©2006 CGFNS International Board Meeting October 2006 MICHIGAN Recent legislation authorizes an up-to-12- month temporary license to practice nursing in Michigan to Canadian registered professional nurses. CGFNS submitted comments on the legislation. Legislation has been introduced that would allow Michigan to join the Nurse Licensure Compact. MONTANA The Board of Nursing revised their regulations to require CP for all FENS seeking licensure by exam and the CES for RNs seeking licensure by endorsement, and all LPNs seeking licensure by exam and endorsement.

Copyright ©2006 CGFNS International Board Meeting October 2006 NEW JERSEY The Board of Nursing adopted amendments effectively eliminating the CP for FENs. The new regulation requires a transcript review as contained in the CES Full Education Course-by-Course Report and English Proficiency as required by the US Department of Homeland Security in section 343. CGFNS offers an English language proficiency report with the CES Report. CP will only be accepted from those nurses who began the application process before May 1, PENNSYLVANIA Individuals applying for a temporary practice permit for a currently-licensed registered nurse shall demonstrate proficiency in English by submitting proof their education was in English or that the nurse passed a Board-approved English exam.

Copyright ©2006 CGFNS International Board Meeting October 2006 PUERTO RICO The Puerto Rico Board of Nursing (or Commonwealth of Puerto Rico Board of Nurse Examiners) is no longer a member of NCSBN. Puerto Rico only offers its own licensure examination in Spanish. Several state boards have contacted CGFNS inquiring whether CGFNS prepares evaluations on nurses educated in Puerto Rico. We do. TEXAS In June, CGFNS submitted comments on the Self-Evaluation Report of the Texas Board of Nurse Examiners for the Sunset Advisory Commission noting the BNE’s failure to report on the 2005 regulation change that eliminated CP for FENs applying for licensure, and replaced it with an educational evaluation requirement (CES). It approved two other credential evaluation organizations.

Copyright ©2006 CGFNS International Board Meeting October 2006 VERMONT The Board they are currently being overwhelmed with the number of foreign nurse applications for licensure, receiving over 3000 applications yearly. Vermont requires CES for FENs whose education and training were not in English. Therefore that exempts Filipino nurses from the CES requirement. VIRGINIA The Board of Physical Therapy will now accept the ICD evaluation for international physical therapists seeking licensure.

Copyright ©2006 CGFNS International Board Meeting October 2006 WASHINGTON NCQAC began a process to review and revise the definition and application/licensure rules for nurses. The amendment deletes the requirement for CP, and accepts either “ a certificate or credential from a commission-approved credential evaluating service verifying that the educational program completed by the applicant is equivalent to registered nursing education in the state". CGFNS submitted comments recommending CP, CES or VisaScreen to meet the intent of the regulation. WEST VIRGINIA (PN) The Board’s legislative rules relating to licensure requirements were revised. Effective April 5, 2006, any applicant who was educated in a nursing program outside of the US must document English language proficiency. They can submit passing scores on the TOEFL, TOEIC and/or TSE, or provide a VisaScreen certificate. CES is not required.