ANA-Michigan - 2020 Annual Book of Reports

2020 ANNUAL BOOK OF REPORTS
Nurse Licensure Compact Update
By Evelyn Sweeney, ANA-Michigan Legislative Consultant,
Muchmore Harrington Smalley & Associations (MHSA)
Although many policies are of great interest to nurses, perhaps one of the most significant and
impactful to the profession is legislation enacting the enhanced Nurse Licensure Compact (eNLC).
As many know, the eNLC enables registered nurses and licensed practical/vocational nurses to hold
one multi-state license, with the privilege to practice in his or her home state and other NLC states.
There are currently 34 member states in the current NLC and, as you all know, Michigan is not one
of them.
On January 15, 2019, Representative Mary Whiteford, a nurse by trade, introduced House Bill 4042
which would have enabled Michigan to join the compact. The bill enjoyed wide support from a
diverse set of interest groups which included the Michigan Health and Hospital Association, AARP,
Leading Age Michigan, the Michigan Primary Care Association and of course, ANA-Michigan, to name
just a few. Representatives from ANA-MI testified in support of the bill in February 2020 before
the House Health Policy Committee. The bill was opposed by the Michigan Nurses Association as
well as the Michigan Department of Licensing and Regulatory Affairs. Concerns expressed by the
department largely focused on their responsibility of regulating health professionals in Michigan.
The department contends they would be ceding their authority and oversight to an out-of-state
compact body. Concerns regarding an inequitable “level of care” were also expressed pointing to
education requirement differences between states.
None the less, the bill was successfully reported from the House Health Policy Committee and out
of the full House by a vote of 55-50 with four members not voting in February 2020. With COVID-19
ravaging the state during the spring and late fall, plus an increased emphasis on the need and use of
telehealth services throughout the state, the Senate discharged the bill from committee and passed
it on December 10, 2020 despite the same concerns from the administration.
The bill was presented to the Governor on December 22, but was ultimately vetoed on December
30. In her veto letter the Governor specifically stated, “The Constitution of 1963 provides that “[t]
he public health and general welfare of the people of the state are hereby declared to be matters
of primary public concern. The legislature shall pass suitable laws for the protection and promotion
of the public health.” Art. 4, sec. 51. While I value interstate cooperation, especially around issues
that are peculiarly interstate in nature, these compacts require Michigan to cede its sovereign
interest in regulating health professions to an outside body. Forfeiting our prerogative as a state to
set the standard of care required of nurses practicing in our state would violate the command of
section 51 of article 4. I am therefore vetoing this bill.”
The administration’s opposition to all compact legislation remains an on-going concern. However,
with the start of the new legislative session on January 13, 2021 there is renewed hope that through
education, member engagement and persistence, we can address the Governor’s concerns. We
anticipate the reintroduction of an eNLC bill soon. We also believe Representative Whiteford will
sponsor the bill. She is coordinating a work group where interested stakeholders along with the
administration will work closely, share ideas and attempt to forge a compromise.
ANA-MI leadership will be part of these workgroups and looks forward to soliciting members for
feedback as well as engaging members in discussions with their local elected officials.
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