Nursing practice in Michigan is as rewarding as nursing practice in any other state, given the state's sophisticated healthcare system, strong and diverse economy, and large and friendly population. You may have great reasons to move your nursing practice from another state into Michigan, or you may have good reasons to license for nursing practice in another state while maintaining your Michigan nursing license. Understand, though, that Michigan does not participate in the Nurse Licensure Compact. Michigan not participating in the Compact complicates your ability to move your nursing practice in and out of Michigan through multistate licensure. If you face multistate licensure issues relating in any way to Michigan, let the Lento Law Firm's premier Professional License Defense Team help you favorably resolve those issues. Call 888.535.3686 or complete this contact form now for the strategic and effective attorney representation you need for your best licensing outcome.
Nurse Licensure Compact Advantages
The Nurse Licensure Compact has been a boon to multistate nursing practice. No fewer than forty states have adopted the legislation necessary to qualify for Nurse Licensure Compact participation. Compact participation can save a nurse thousands of dollars, months or even years of time, and a lot of other study, trouble, uncertainty, and effort, when requalifying for nursing practice in another state. Nurses have avoided taking another licensing exam like the National Council Licensure Exam (NCLEX), have avoided completing additional nursing education, and have avoided completing additional supervised clinical practice requirements, all because of Compact standardization of licensing requirements among participating states. Only about ten states have not joined the Nurse Licensure Compact. Unfortunately, for nurses wishing to move their practice in or out of the state, Michigan is not among those Compact participating states. You'll have to move your nursing practice and employment into or out of Michigan without the Compact's help. Let us help you resolve your multistate licensing issues.
Michigan Nurse Licensure Compact Bill
One could say that help is on the horizon, but that help, if it ever comes, may be too late for you. Most of the ten or so states that have not yet joined the Nurse Licensure Compact have bills pending that would qualify them for participation. Michigan is among those states with a bill pending in the state's legislature, Michigan House Bill 4935, to join the Compact. Only California, Nevada, Oregon, and Pennsylvania do not have pending bills for Compact participation, even though the National Council of State Boards of Nursing heavily promotes that legislation. But plenty of bills die in committee, where Michigan's bill currently sits with only a single sponsor. You have no assurance that Michigan will soon join the Compact. Even if it does, it may take the state years to implement the legislation. Your better course is to resolve your multistate licensing issues with our skilled and experienced representation.
Michigan Nurse Licensure Authority
Many states have stand-alone nurse practice acts. Michigan instead has Occupational Regulation Sections of its Public Health Code, regulating more than two dozen healthcare professions including nursing. Section 333.17211 of that public health code requires all nurses wishing to practice in the state to obtain a Michigan Board of Nursing license. Section 333.17221 creates and empowers the Michigan Board of Nursing to license and regulate Michigan nurses. Section 333.16294 of Michigan's Public Health Code defines the unauthorized and unlicensed practice of a healthcare profession such as nursing as a felony crime. You must not practice nursing in Michigan without a Michigan nursing license from the state's own Board of Nursing. Your license in another state is not automatically effective to qualify you for Michigan nursing practice. Let us help you resolve your Michigan nurse licensing issues.
Michigan Nurse Licensure Requirements
Other sections of Michigan's Public Health Code expressly or impliedly authorize the Michigan Board of Nursing to license Michigan nurses for practice as a licensed practical nurse (LPN), registered nurse (RN), or advanced practice registered nurse (APRN). Michigan statutes, though, do not define the specific licensing requirements. Instead, Michigan supplements its general healthcare laws with the Michigan Board of Nursing's detailed rules and regulations setting forth the licensure requirements. For instance, Michigan Board of Nursing Rule 338.10202 recognizes the National Council Licensure Exam (NCLEX) as meeting the examination requirement for LPN and RN licensure. Another Michigan Board of Nursing provision, Rule 338.10204, requires nurse licensees to have graduated from a nursing program the Board of Nursing has approved in the state or that is out of state but meets substantially equivalent requirements. Another Michigan law, MCL 338.41, imposes a good moral character requirement and criminal history requirements for professional licensure, including licensure of nurses. Let us help you if you face issues with these basic requirements for Michigan nurse licensure.
Nursing Licensure Requirements in Other States
If your plan is instead to move your Michigan nursing practice out of Michigan to another state, then you will face similar foundational licensing requirements. Yes, licensing requirements differ from state to state, particularly in non-Compact states like Michigan. Many states rely on approval by the Accreditation Commission for Education in Nursing (ACEN) for education program recognition, for instance, while Michigan and many other states do not. All states accept NCLEX passage for their examination requirement, but many states also accept other examinations. But you will find some form of education, examination, and criminal history requirement, or their equivalents, in virtually all states. Thus, don't expect to run to another state to avoid resolving your education, examination, or background issues. Instead, let us help you resolve those issues now to facilitate your multistate licensing.
Licensure in Michigan Based on Endorsement
Michigan separately recognizes licensure by endorsement. Licensure by examination, as described above, generally means initial licensure. Licensure by endorsement, as described here, generally means second or subsequent licensure relying at least in part on initial licensure. Michigan's licensure by endorsement provisions are in the Michigan Board of Nursing administrative rules. The following sections summarize Michigan's nursing licensure by endorsement requirements for LPNs, RNs, and APRNs. Let us help you resolve any issues you face satisfying these requirements.
Michigan LPN Licensure by Endorsement
Michigan Administrative Code Rule 338.10211 states the requirements for LPN licensure by endorsement. The first requirements under Rule 338.10211 are to apply to the Michigan Board of Nursing on its forms and to pay the Board's licensing fee. Rule 338.10211 then requires that the candidate for LPN licensure by endorsement meet Michigan's education requirements for LPN licensure by examination. You can't, in other words, get around Michigan's LPN education requirement by meeting the LPN education requirement in your prior state of licensure. You must meet Michigan's LPN education requirement, which may differ based on the Michigan Board of Nursing approval or non-approval of that program. Remember, Michigan does not follow ACEN accreditation.
Michigan Administrative Code Rule 338.10211 does permit you to satisfy the LPN examination requirement of your other state of licensure. You do not need to meet Michigan's LPN examination requirement if you've already met that requirement for your other state. Rule 338.10211 also expressly mentions disclosure of prior discipline by your other state of licensure, highlighting that you must still satisfy Michigan requirements for criminal history and other disqualifying grounds. In sum, your prior LPN licensure and your Michigan application for LPN licensure by endorsement only streamlines and potentially speed up your licensure process. It does not substantially relieve you of education and background requirements. Let us help you resolve any such issues for your LPN licensure by endorsement.
Michigan RN Licensure by Endorsement
Another Michigan Board of Nursing rule, Michigan Administrative Code Rule 338.10206, states the requirements for RN licensure by endorsement. Just as for an LPN license by endorsement, the first requirements under Rule 338.10206 are to apply to the Michigan Board of Nursing on its forms and to pay the Board's licensing fee. Rule 338.10206 then requires that the candidate for RN licensure by endorsement meet Michigan's education requirement for RN licensure by examination. You can't, in other words, get around the Michigan RN education requirement, which may differ from your prior licensure state's education requirements. Michigan is not an ACEN state recognizing ACEN accreditation as routinely sufficient.
On the other hand, Rule 338.10206 does accept your prior state's RN licensure as satisfactory for meeting the examination requirement. You don't separately have to meet Michigan's RN examination requirement, although both states are likely to favor or require the NCLEX in most cases. Thus, your prior RN licensure and your Michigan application for RN licensure by endorsement only streamlines and potentially speeds up your licensure process without relieving you from substantial obligations. Let us help you satisfy those obligations.
Michigan Temporary Permit by Endorsement
Your ability to obtain a prompt temporary permit to practice nursing in Michigan may be your biggest potential advantage in applying for a Michigan LPN or RN license by endorsement. Section 333.16181 of Michigan's Public Health Code permits healthcare practitioners licensed in another state, including LPNs and RNs, to apply to their Michigan state licensing board for a temporary permit lasting up to eighteen months. You may not have had the time to plan the move of your nursing practice into Michigan. You may need immediate permission to practice nursing in Michigan in order to preserve your new Michigan nursing employment and to maintain your income and benefits during your transition. Those are the purposes of the temporary permit. A temporary permit can be a figurative lifesaver, especially if you face issues obtaining your Michigan license by endorsement. Unfortunately, a special Michigan Board of Nursing Rule 338.10401a prohibits temporary permits for nurse specialists. Only LPNs and RNs can qualify. Let us help you gain a temporary permit while we resolve your LPN or RN licensure by endorsement issues.
Michigan APRN Licensure by Endorsement
Like many other states, Michigan's nursing statutes and rules do not recognize licensure by endorsement for advanced practice registered nurses and other nurse specialists. The reason may be that the national board certification that nurse specialties require serve the same purpose as licensure by endorsement. Once you obtain your national board certification, all that is left is your proof to your state nursing board that you hold the underlying RN qualifications and meet the state's other criminal history and fitness requirements. Michigan Administrative Code Rule 338.10404b sets forth the state's nurse specialty practitioner requirements. Let us help you meet those requirements, resolving any issues.
Issues Obtaining a Second or Subsequent License
You've seen above the requirements for obtaining a Michigan LPN or RN license by endorsement. If you are headed the other way, from Michigan to another state where you hope to use your Michigan license to help you qualify for licensure by endorsement, then you'll see similar, although likely not exactly the same, requirements. Those generally small differences in requirements can lead to big issues delaying or even preventing your multistate licensing. Below are some of the common issues.
Michigan Nursing Education Issues Delaying Multistate Licensure
You've already seen above that Michigan is among the slight majority of U.S. states that set their own nursing education program requirements rather than rely solely or even primarily on the Accreditation Commission for Education in Nursing (ACEN) accreditation of nursing programs. The National Council of State Boards of Nursing, which promotes uniform ACEN accreditation, illustrates the division. Michigan follows the pattern of approving in-state nursing programs and then requiring graduates of out-of-state nursing programs to show that their program met equivalent requirements. Likely, your out-of-state program's ACEN accreditation will ensure that your program meets widely accepted requirements. However, ACEN accreditation is not a sure thing in Michigan. You may have graduated from a non-ACEN accredited out-of-state program, requiring your application to show special grounds for recognition of that program. Your school record may also have included school discipline, academic progress issues, or other issues complicating your multistate licensure. Let us help you resolve your education issues.
Michigan Nursing Examination Issues Delaying Multistate Licensure
As indicated above, Michigan's Board of Nursing recognizes a passing score on the NCLEX exam as sufficient to satisfy the LPN and RN examination requirements. The NCLEX is generally your ticket to a Michigan LPN or RN license, provided you meet the other licensure by endorsement requirements. Michigan Administrative Code Rule 338.10202 expressly recognizes the NCLEX for LPN and RN licensure. If you already passed the NCLEX, you may not face significant examination issues. However, your other state licensure may have been under a different examination than the NCLEX. Or your other state may have permitted you to attempt more retakes than Michigan permits for NCLEX passage. Rule 338.10204 permits only three attempts at the NCLEX before imposing an additional education requirement. These differences shouldn't forestall your Michigan licensure by endorsement under the above rules but get our help if they do so. You may alternatively face exam misconduct, fraud charges, or other irregular behavior surrounding your exam. Let us help you resolve any such issues.
Michigan License Discipline Issues Delaying Multistate Licensure
Prior license discipline is another common issue frustrating multistate licensure. Several Michigan Board of Nursing administrative rules, such as Rules 338.10207, 338.10208, and 338.10211, refer to discipline in your other state of licensure as grounds to refuse a Michigan license by endorsement. The national Nursys database records license disciplinary actions that state nursing boards automatically convey to it. State nursing board application forms and rules also generally require candidates to disclose prior discipline. You won't be able to hide your discipline in another jurisdiction. Let us help you show that you did not suffer the alleged discipline, that you favorably resolved disciplinary charges, that any records to the contrary are inaccurate, or that your discipline should not be a disqualifying event given your rehabilitation and strong work record since discipline. Let us make your best argument for licensure by endorsement despite license discipline issues.
Michigan Background Issues Delaying Multistate Licensure
You may also face difficulty relating to an alleged or actual criminal history. Michigan Compiled Laws Section 338.42 details the general requirements that healthcare licensing boards like the Michigan Board of Nursing must apply to professionals seeking a license when those professionals have a criminal history. While other states have relatively simple rules for disqualifying felonies or gross misdemeanors, Michigan's rules are complex, requiring the state licensing board to consider a number of factors. You may, in other words, qualify for a Michigan license when you would not have qualified for a license in another state or, conversely, fail to qualify for a Michigan license when you would have qualified or did qualify for a license in another state. Let us help you analyze your particular situation if you had a conviction prior to or since your other state licensure. We can help you make the best case for multistate licensure by endorsement, notwithstanding criminal charge or conviction issues.
Michigan Nurse Licensing Procedures
If you face any of the above issues in obtaining your multistate nurse licensure by endorsement, we can help you invoke the available protective procedures to favorably resolve your issues. You generally have a constitutional right to due process against Michigan Board of Nursing action that unlawfully deprives you of your property and liberty interests in your nursing practice. Michigan Compiled Law Section 333.1205 expressly incorporates Michigan's Administrative Procedure Act for its contested case protections. Those protections guarantee you fair notice of your alleged license deficiencies and a fair hearing before an administrative law judge to present your evidence while challenging adverse evidence. Our attorneys have the administrative skill and experience to strategically and effectively invoke those protections for your best licensing outcome.
Our Help With Your Multistate Licensing Issues
Don't retain an unqualified personal injury attorney or criminal defense attorney for your administrative license representation. Court proceedings differ substantially from administrative licensing proceedings. Our attorneys have the substantial administrative licensing experience you need for effective representation. We can notify Michigan Board of Nursing officials of our appearance on your behalf to induce negotiations over an early voluntary resolution. We can gather and present your evidence in conciliation conferences and at the formal hearing if necessary. If you have already lost your formal hearing, we can pursue available appeals and even seek civil court review available under Michigan's Administrative Procedure Act. Let us help you gain your best possible outcome, as swiftly and surely as possible.
What's at Stake in Michigan Nursing License Issues
The stakes of your Michigan licensure by endorsement proceeding may be higher than you realize. Yes, you know your own reasons for seeking a multistate practice under a new license by endorsement. Those may be very good reasons, including a better job with higher wages and better benefits or other advancement opportunities. Those reasons may also include benefits to your spouse or other close family member in new employment or education opportunities. Your reasons could also be for health, personal relationships, or personal lifestyle. Consider, though, that your failure to resolve the licensing issues that are delaying or frustrating your multistate practice may lead to bigger issues: renewing and maintaining your license or obtaining a new license later. State nursing boards may consider the denial of a license and the grounds for denial as grounds not to renew or issue a new license. Let us help you resolve your issues now so that they don't affect you later.
Premier Michigan Nursing License Attorneys
Retain the Lento Law Firm's premier Professional License Defense Team to help you resolve your Michigan nurse licensure by endorsement issues. We are available in Detroit, Grand Rapids, Warren, Sterling Heights, Pontiac, Lansing, Dearborn, Ann Arbor, Livonia, Macomb, Troy, Westland, Farmington Hills, Birmingham, Jackson, Cadillac, Traverse City, Flint, Midland, Mt. Pleasant, and across the rest of Michigan, as well as nationwide. Call 888.535.3686 or complete this contact form.
