Telework & Multi-state License

[Nextcase]

I am interested to know if nurses working from home are informed by their employer they need additional licensure for out of state cases under certain circumstances? Did your employer pay for getting or renewing all licenses?

My curiosity has been aroused after a recent discussion with several other nurses all working from home each with a different insurance. The subject came up when one nurse mentioned she was having to get another license because of a new group of cases. Some live in compact states and others do not. Several from compact states with cases in non-compact had to be licensed in those states. One nurse in particular was in a non- compact state and had cases all over the country. She consulted her board of Nursing and was basically told what she was doing was practicing without a license in those other states. It goes without saying she is upset and was not aware of this issue. My advice was for her to discuss with her supervisor. Well she did and it did not turn out well, so she is looking for another job.

[elkpark]

Yes, the state BONs take the position that if you are consulting with a resident of their state by telephone, then, regardless of where you are physically located, the nursing that is being practiced is taking place in the resident's location. Same as, when you buy something over the internet, the sales tax is charged (or not charged) on the basis of where you are located, not where the business is located. The transaction is considered to be taking place where the purchaser or recipient of the service is located. So, you need to be licensed in the states the people you are following live in. The NLC (Nurse Licensure Compact) covers this for nurses and clients living in compact states -- otherwise, you need separate licenses to be legal.

[Nextcase]

Thank you elpark i appreciate you condensing the facts surrounding my question. I want to know though how many CMs are working across states lines that did not know or were not told by their employer they need additional licenses.

So telework nurses, did your employer tell you this is the law? If not, have you asked about the legality of what you are doing?

[nurseprnRN, BSN, RN]

This issue has been around for about ten years, easily, so I think most employers who use nurses for multi-state RN work are aware of it by now.

[Nextcase]

GrnTea that is the point Exactly the employers should be aware so if they are not telling their employees this fact are we to assume they are willfully skirting the law? What agency would have oversight over the employer following this law and not putting employees at risk?

That is why I am interested to know if there are nurses doing telework that are not aware of this fact and worse yet not being told by the employer.