Bill > AB142

Introduced Session

Legislative Counsel's Digest: Existing law generally provides for the licensure and regulation of nurses in 1 this State. (Chapter 632 of NRS) This bill enacts the Nurse Licensure Compact, 2 which allows a person who is licensed as a nurse in a state that is a party of the 3 Compact to obtain a multistate license to practice as a nurse in other states that are 4 parties to the Compact. The Compact regulates the licensure and discipline of 5 nurses who hold multistate licenses through the Compact. To obtain a multistate 6 license, the Compact requires a nurse to: (1) meet the qualifications of his or her 7 home state for licensure; (2) graduate from a registered nurse or licensed 8 practical/vocational nurse program; (3) pass an English proficiency examination if 9 the applicant is a graduate of a foreign prelicensure education program; (4) pass an 10 NCLEX-RN or NCLEX-PN Examination; (5) have or be eligible for a license in his 11 or her home state; (6) undergo a fingerprint-based criminal background check; (7) 12 not have been convicted or found guilty of a felony; (8) not have been convicted or 13 found guilty of a misdemeanor related to nursing; (9) not be currently enrolled in 14 certain monitoring programs; (10) be required to disclose to the licensing authority 15 in his or her home state whether he or she is participating in such a program; and 16 (11) have a valid social security number. The Compact authorizes a party state to 17 take adverse action against a nurse practicing in the party state under the Compact. 18 The Compact creates the coordinated licensure information system, which provides 19 for the storing of certain information concerning investigations and disciplinary 20 action among party states. The Compact requires that the states who are parties of 21 the Compact create and establish a joint public agency called the Interstate 22 Commission of Nurse Licensure Compact Administrators to carry out the Compact, 23 and provides for the governance of the Commission, including, without limitation, 24 authorizing the Commission to levy and collect assessments from party states to 25 cover the cost of its operations. Section 2of this bill makes a conforming change to 26 clarify that the State Board of Nursing may disclose information to the coordinated 27 licensure information system when required by the Compact. 28 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 632 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 The Nurse Licensure Compact is hereby ratified and entered 3 into with all other jurisdictions legally joining the Compact, in the 4 form substantially as follows: 5 6 NURSE LICENSURE COMPACT 7 8 ARTICLE I. 9 10 FINDINGS AND DECLARATION OF PURPOSE 11 12 a. The party states find that: 13 1. The health and safety of the public are affected by the 14 degree of compliance with and the effectiveness of enforcement 15 activities related to nurse licensure laws; 16 2. Violations of nurse licensure and other laws regulating 17 the practice of nursing may result in injury or harm to the public; 18 3. The expanded mobility of nurses and the use of 19 advanced communication technologies as part of our nation s 20 health care delivery system require greater coordination and 21 cooperation among states in the areas of nurse licensure and 22 regulation; 23 4. New practice modalities and technology make 24 compliance with individual state nurse licensure laws difficult and 25 complex; 26 5. The current system of duplicative licensure for nurses 27 practicing in multiple states is cumbersome and redundant for 28 both nurses and states; and 29 6. Uniformity of nurse licensure requirements throughout 30 the states promotes public safety and public health benefits. 31 b. The general purposes of this Compact are to: 32 1. Facilitate the states responsibility to protect the 1 public s health and safety; 2 2. Ensure and encourage the cooperation of party states in 3 the areas of nurse licensure and regulation; 4 3. Facilitate the exchange of information between party 5 states in the areas of nurse regulation, investigation and adverse 6 actions; 7 4. Promote compliance with the laws governing the 8 practice of nursing in each jurisdiction; 9 5. Invest all party states with the authority to hold a nurse 10 accountable for meeting all state practice laws in the state in 11 which the patient is located at the time care is rendered through 12 the mutual recognition of party state licenses; 13 6. Decrease redundancies in the consideration and 14 issuance of nurse licenses; and 15 7. Provide opportunities for interstate practice by nurses 16 who meet uniform licensure requirements. 17 18 ARTICLE II. 19 20 DEFINITIONS 21 22 As used in this Compact: 23 a. Adverse action means any administrative, civil, equitable 24 or criminal action permitted by a state s laws which is imposed by 25 a licensing board or other authority against a nurse, including 26 actions against an individual s license or multistate licensure 27 privilege such as revocation, suspension, probation, monitoring of 28 the licensee, limitation on the licensee s practice, or any other 29 encumbrance on licensure affecting a nurse s authorization to 30 practice, including issuance of a cease and desist action. 31 b. Alternative program means a non-disciplinary 32 monitoring program approved by a licensing board. 33 c. Coordinated licensure information system means an 34 integrated process for collecting, storing and sharing information 35 on nurse licensure and enforcement activities related to nurse 36 licensure laws that is administered by a nonprofit organization 37 composed of and controlled by licensing boards. 38 d. Current significant investigative information means: 39 1. Investigative information that a licensing board, after a 40 preliminary inquiry that includes notification and an opportunity 41 for the nurse to respond, if required by state law, has reason to 42 believe is not groundless and, if proved true, would indicate more 43 than a minor infraction; or 44 2. Investigative information that indicates that the nurse 1 represents an immediate threat to public health and safety 2 regardless of whether the nurse has been notified and had an 3 opportunity to respond. 4 e. Encumbrance means a revocation or suspension of, or 5 any limitation on, the full and unrestricted practice of nursing 6 imposed by a licensing board. 7 f. Home state means the party state which is the nurse s 8 primary state of residence. 9 g. Licensing board means a party state s regulatory body 10 responsible for issuing nurse licenses. 11 h. Multistate license means a license to practice as a 12 registered or a licensed practical/vocational nurse (LPN/VN) 13 issued by a home state licensing board that authorizes the licensed 14 nurse to practice in all party states under a multistate licensure 15 privilege. 16 i. Multistate licensure privilege means a legal 17 authorization associated with a multistate license permitting the 18 practice of nursing as either a registered nurse (RN) or LPN/VN 19 in a remote state. 20 j. Nurse means RN or LPN/VN, as those terms are defined 21 by each party state s practice laws. 22 k. Party state means any state that has adopted this 23 Compact. 24 l. Remote state means a party state, other than the home 25 state. 26 m. Single-state license means a nurse license issued by a 27 party state that authorizes practice only within the issuing state 28 and does not include a multistate licensure privilege to practice in 29 any other party state. 30 n. State means a state, territory or possession of the United 31 States and the District of Columbia. 32 o. State practice laws means a party state s laws, rules and 33 regulations that govern the practice of nursing, define the scope of 34 nursing practice, and create the methods and grounds for 35 imposing discipline. State practice laws do not include 36 requirements necessary to obtain and retain a license, except for 37 qualifications or requirements of the home state. 38 39 ARTICLE III. 40 41 GENERAL PROVISIONS AND JURISDICTION 42 43 a. A multistate license to practice registered or licensed 44 practical/vocational nursing issued by a home state to a resident in 45 that state will be recognized by each party state as authorizing a 1 nurse to practice as a registered nurse (RN) or as a licensed 2 practical/vocational nurse (LPN/VN), under a multistate licensure 3 privilege, in each party state. 4 b. A state must implement procedures for considering the 5 criminal history records of applicants for initial multistate license 6 or licensure by endorsement. Such procedures shall include the 7 submission of fingerprints or other biometric-based information 8 by applicants for the purpose of obtaining an applicant s criminal 9 history record information from the Federal Bureau of 10 Investigation and the agency responsible for retaining that state s 11 criminal records. 12 c. Each party state shall require the following for an 13 applicant to obtain or retain a multistate license in the home state: 14 1. Meets the home state s qualifications for licensure or 15 renewal of a licensure, as well as all other applicable state laws; 16 2. i. Has graduated or is eligible to graduate from a 17 licensing board-approved RN or LPN/VN prelicensure education 18 program; or 19 ii. Has graduated from a foreign RN or LPN/VN 20 prelicensure education program that (a) has been approved by the 21 authorized accrediting body in the applicable country and (b) has 22 been verified by an independent credentials review agency to be 23 comparable to a licensing board-approved prelicensure education 24 program; 25 3. Has, if a graduate of a foreign prelicensure education 26 program not taught in English or if English is not the individual s 27 native language, successfully passed an English proficiency 28 examination that includes the components of reading, speaking, 29 writing and listening; 30 4. Has successfully passed an NCLEX-RN or NCLEX-PN 31 Examination or recognized predecessor, as applicable; 32 5. Is eligible for or holds an active, unencumbered license; 33 6. Has submitted, in connection with an application for 34 initial licensure or licensure by endorsement, fingerprints or other 35 biometric data for the purpose of obtaining criminal history record 36 information from the Federal Bureau of Investigation and the 37 agency responsible for retaining that state s criminal records; 38 7. Has not been convicted or found guilty, or has entered 39 into an agreed disposition, of a felony offense under applicable 40 state or federal criminal law; 41 8. Has not been convicted or found guilty, or has entered 42 into an agreed disposition, of a misdemeanor offense related to the 43 practice of nursing as determined on a case-by-case basis; 44 9. Is not currently enrolled in an alternative program; 45 10. Is subject to self-disclosure requirements regarding 1 current participation in an alternative program; and 2 11. Has a valid United States Social Security number. 3 d. All party states shall be authorized, in accordance with 4 existing state due process law, to take adverse action against a 5 nurse s multistate licensure privilege such as revocation, 6 suspension, probation or any other action that affects a nurse s 7 authorization to practice under a multistate licensure privilege, 8 including cease and desist actions. If a party state takes such 9 action, it shall promptly notify the administrator of the 10 coordinated licensure information system. The administrator of 11 the coordinated licensure information system shall promptly notify 12 the home state of any such actions by remote states. 13 e. A nurse practicing in a party state must comply with the 14 state practice laws of the state in which the client is located at the 15 time service is provided. The practice of nursing is not limited to 16 patient care, but shall include all nursing practice as defined by 17 the state practice laws of the party state in which the client is 18 located. The practice of nursing in a party state under a multistate 19 licensure privilege will subject a nurse to the jurisdiction of the 20 licensing board, the courts and the laws of the party state in which 21 the client is located at the time service is provided. 22 f. Individuals not residing in a party state shall continue to be 23 able to apply for a party state s single-state licensure as provided 24 under the laws of each party state. However, the single-state 25 license granted to these individuals will not be recognized as 26 granting the privilege to practice nursing in any other party state. 27 Nothing in this Compact shall affect the requirements established 28 by a party state for the issuance of a single-state license. 29 g. Any nurse holding a home state multistate license, on the 30 effective date of this Compact, may retain and renew the multistate 31 license issued by the nurse s then-current home state, provided 32 that: 33 1. A nurse, who changes his or her primary state of 34 residence after this Compact s effective date, must meet all 35 applicable Article III.c. requirements to obtain a multistate license 36 from a new home state. 37 2. A nurse who fails to satisfy the multistate licensure 38 requirements in Article III.c. due to a disqualifying event 39 occurring after this Compact s effective date shall be ineligible to 40 retain or renew a multistate license, and the nurse s multistate 41 license shall be revoked or deactivated in accordance with 42 applicable rules adopted by the Interstate Commission of Nurse 43 Licensure Compact Administrators ( Commission ). 44 ARTICLE IV. 1 2 APPLICATIONS FOR LICENSURE IN A PARTY STATE 3 4 a. Upon application for a multistate license, the licensing 5 board in the issuing party state shall ascertain, through the 6 coordinated licensure information system, whether the applicant 7 has ever held, or is the holder of, a license issued by any other 8 state, whether there are any encumbrances on any license or 9 multistate licensure privilege held by the applicant, whether any 10 adverse action has been taken against any license or multistate 11 licensure privilege held by the applicant and whether the applicant 12 is currently participating in an alternative program. 13 b. A nurse may hold a multistate license, issued by the home 14 state, in only one party state at a time. 15 c. If a nurse changes his or her primary state of residence by 16 moving between two party states, the nurse must apply for 17 licensure in the new home state, and the multistate license issued 18 by the prior home state will be deactivated in accordance with 19 applicable rules adopted by the Commission. 20 1. The nurse may apply for licensure in advance of a 21 change in his or her primary state of residence. 22 2. A multistate license shall not be issued by the new home 23 state until the nurse provides satisfactory evidence of a change in 24 his or her primary state of residence to the new home state and 25 satisfies all applicable requirements to obtain a multistate license 26 from the new home state. 27 d. If a nurse changes his or her primary state of residence by 28 moving from a party state to a non-party state, the multistate 29 license issued by the prior home state will convert to a single-state 30 license, valid only in the former home state. 31 32 ARTICLE V. 33 34 ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE 35 LICENSING BOARDS 36 37 a. In addition to the other powers conferred by state law, a 38 licensing board shall have the authority to: 39 1. Take adverse action against a nurse s multistate 40 licensure privilege to practice within that party state. 41 i. Only the home state shall have the power to take 42 adverse action against a nurse s license issued by the home state. 43 ii. For purposes of taking adverse action, the home 44 state licensing board shall give the same priority and effect to 45 reported conduct received from a remote state as it would if such 1 conduct had occurred within the home state. In so doing, the 2 home state shall apply its own state laws to determine appropriate 3 action. 4 2. Issue cease and desist orders or impose an 5 encumbrance on a nurse s authority to practice within that party 6 state. 7 3. Complete any pending investigations of a nurse who 8 changes his or her primary state of residence during the course of 9 such investigations. The licensing board shall also have the 10 authority to take appropriate action(s) and shall promptly report 11 the conclusions of such investigations to the administrator of the 12 coordinated licensure information system. The administrator of 13 the coordinated licensure information system shall promptly notify 14 the new home state of any such actions. 15 4. Issue subpoenas for both hearings and investigations 16 that require the attendance and testimony of witnesses, as well as 17 the production of evidence. Subpoenas issued by a licensing board 18 in a party state for the attendance and testimony of witnesses or 19 the production of evidence from another party state shall be 20 enforced in the latter state by any court of competent jurisdiction, 21 according to the practice and procedure of that court applicable to 22 subpoenas issued in proceedings pending before it. The issuing 23 authority shall pay any witness fees, travel expenses, mileage and 24 other fees required by the service statutes of the state in which the 25 witnesses or evidence are located. 26 5. Obtain and submit, for each nurse licensure applicant, 27 fingerprint or other biometric-based information to the Federal 28 Bureau of Investigation for criminal background checks, receive 29 the results of the Federal Bureau of Investigation record search 30 on criminal background checks and use the results in making 31 licensure decisions. 32 6. If otherwise permitted by state law, recover from the 33 affected nurse the costs of investigations and disposition of cases 34 resulting from any adverse action taken against that nurse. 35 7. Take adverse action based on the factual findings of the 36 remote state, provided that the licensing board follows its own 37 procedures for taking such adverse action. 38 b. If adverse action is taken by the home state against a 39 nurse s multistate license, the nurse s multistate licensure 40 privilege to practice in all other party states shall be deactivated 41 until all encumbrances have been removed from the multistate 42 license. All home state disciplinary orders that impose adverse 43 action against a nurse s multistate license shall include a 44 statement that the nurse s multistate licensure privilege is 1 deactivated in all party states during the pendency of the order. 2 c. Nothing in this Compact shall override a party state s 3 decision that participation in an alternative program may be used 4 in lieu of adverse action. The home state licensing board shall 5 deactivate the multistate licensure privilege under the multistate 6 license of any nurse for the duration of the nurse s participation 7 in an alternative program. 8 9 ARTICLE VI. 10 11 COORDINATED LICENSURE INFORMATION SYSTEM AND 12 EXCHANGE OF INFORMATION 13 14 a. All party states shall participate in a coordinated licensure 15 information system of all licensed registered nurses (RNs) and 16 licensed practical/vocational nurses (LPNs/VNs). This system will 17 include information on the licensure and disciplinary history of 18 each nurse, as submitted by party states, to assist in the 19 coordination of nurse licensure and enforcement efforts. 20 b. The Commission, in consultation with the administrator of 21 the coordinated licensure information system, shall formulate 22 necessary and proper procedures for the identification, collection 23 and exchange of information under this Compact. 24 c. All licensing boards shall promptly report to the 25 coordinated licensure information system any adverse action, any 26 current significant investigative information, denials of 27 applications (with the reasons for such denials) and nurse 28 participation in alternative programs known to the licensing board 29 regardless of whether such participation is deemed nonpublic or 30 confidential under state law. 31 d. Current significant investigative information and 32 participation in nonpublic or confidential alternative programs 33 shall be transmitted through the coordinated licensure 34 information system only to party state licensing boards. 35 e. Notwithstanding any other provision of law, all party state 36 licensing boards contributing information to the coordinated 37 licensure information system may designate information that may 38 not be shared with non-party states or disclosed to other entities or 39 individuals without the express permission of the contributing 40 state. 41 f. Any personally identifiable information obtained from the 42 coordinated licensure information system by a party state licensing 43 board shall not be shared with non-party states or disclosed to 44 other entities or individuals except to the extent permitted by the 1 laws of the party state contributing the information. 2 g. Any information contributed to the coordinated licensure 3 information system that is subsequently required to be expunged 4 by the laws of the party state contributing that information shall 5 also be expunged from the coordinated licensure information 6 system. 7 h. The Compact administrator of each party state shall 8 furnish a uniform data set to the Compact administrator of each 9 other party state, which shall include, at a minimum: 10 1. Identifying information; 11 2. Licensure data; 12 3. Information related to alternative program 13 participation; and 14 4. Other information that may facilitate the administration 15 of this Compact, as determined by Commission rules. 16 i. The Compact administrator of a party state shall provide all 17 investigative documents and information requested by another 18 party state. 19 20 ARTICLE VII. 21 22 ESTABLISHMENT OF THE INTERSTATE COMMISSION OF 23 NURSE LICENSURE COMPACT ADMINISTRATORS 24 25 a. The party states hereby create and establish a joint public 26 entity known as the Interstate Commission of Nurse Licensure 27 Compact Administrators. 28 1. The Commission is an instrumentality of the party 29 states. 30 2. Venue is proper, and judicial proceedings by or against 31 the Commission shall be brought solely and exclusively, in a court 32 of competent jurisdiction where the principal office of the 33 Commission is located. The Commission may waive venue and 34 jurisdictional defenses to the extent it adopts or consents to 35 participate in alternative dispute resolution proceedings. 36 3. Nothing in this Compact shall be construed to be a 37 waiver of sovereign immunity. 38 b. Membership, Voting and Meetings 39 1. Each party state shall have and be limited to one 40 administrator. The Executive Director of the Board or his or her 41 designee shall be the administrator of this Compact for this State. 42 Any administrator may be removed or suspended from office as 43 provided by the law of the state from which the Administrator is 44 appointed. Any vacancy occurring in the Commission shall be 45 filled in accordance with the laws of the party state in which the 1 vacancy exists. 2 2. Each administrator shall be entitled to one (1) vote with 3 regard to the promulgation of rules and creation of bylaws and 4 shall otherwise have an opportunity to participate in the business 5 and affairs of the Commission. An administrator shall vote in 6 person or by such other means as provided in the bylaws. The 7 bylaws may provide for an administrator s participation in 8 meetings by telephone or other means of communication. 9 3. The Commission shall meet at least once during each 10 calendar year. Additional meetings shall be held as set forth in the 11 bylaws or rules of the commission. 12 4. All meetings shall be open to the public, and public 13 notice of meetings shall be given in the same manner as required 14 under the rulemaking provisions in Article VIII. 15 5. The Commission may convene in a closed, nonpublic 16 meeting if the Commission must discuss: 17 i. Noncompliance of a party state with its obligations 18 under this Compact; 19 ii. The employment, compensation, discipline or other 20 personnel matters, practices or procedures related to specific 21 employees or other matters related to the Commission s internal 22 personnel practices and procedures; 23 iii. Current, threatened or reasonably anticipated 24 litigation; 25 iv. Negotiation of contracts for the purchase or sale of 26 goods, services or real estate; 27 v. Accusing any person of a crime or formally 28 censuring any person; 29 vi. Disclosure of trade secrets or commercial or 30 financial information that is privileged or confidential; 31 vii. Disclosure of information of a personal nature 32 where disclosure would constitute a clearly unwarranted invasion 33 of personal privacy; 34 viii. Disclosure of investigatory records compiled for 35 law enforcement purposes; 36 ix. Disclosure of information related to any reports 37 prepared by or on behalf of the Commission for the purpose of 38 investigation of compliance with this Compact; or 39 x. Matters specifically exempted from disclosure by 40 federal or state statute. 41 6. If a meeting, or portion of a meeting, is closed pursuant 42 to this provision, the Commission s legal counsel or his or her 43 designee shall certify that the meeting may be closed and shall 44 reference each relevant exempting provision. The Commission 45 shall keep minutes that fully and clearly describe all matters 1 discussed in a meeting and shall provide a full and accurate 2 summary of actions taken, and the reasons therefor, including a 3 description of the views expressed. All documents considered in 4 connection with an action shall be identified in such minutes. All 5 minutes and documents of a closed meeting shall remain under 6 seal, subject to release by a majority vote of the Commission or 7 order of a court of competent jurisdiction. 8 c. The Commission shall, by a majority vote of the 9 administrators, prescribe bylaws or rules to govern its conduct as 10 may be necessary or appropriate to carry out the purposes and 11 exercise the powers of this Compact, including but not limited to: 12 1. Establishing the fiscal year of the Commission; 13 2. Providing reasonable standards and procedures: 14 i. For the establishment and meetings of other 15 committees; and 16 ii. Governing any general or specific delegation of any 17 authority or function of the Commission; 18 3. Providing reasonable procedures for calling and 19 conducting meetings of the Commission, ensuring reasonable 20 advance notice of all meetings and providing an opportunity for 21 attendance of such meetings by interested parties, with 22 enumerated exceptions designed to protect the public s interest, 23 the privacy of individuals, and proprietary information, including 24 trade secrets. The Commission may meet in closed session only 25 after a majority of the administrators vote to close a meeting in 26 whole or in part. As soon as practicable, the Commission must 27 make public a copy of the vote to close the meeting revealing the 28 vote of each administrator, with no proxy votes allowed; 29 4. Establishing the titles, duties and authority and 30 reasonable procedures for the election of the officers of the 31 Commission; 32 5. Providing reasonable standards and procedures for the 33 establishment of the personnel policies and programs of the 34 Commission. Notwithstanding any civil service or other similar 35 laws of any party state, the bylaws shall exclusively govern the 36 personnel policies and programs of the Commission; and 37 6. Providing a mechanism for winding up the operations 38 of the Commission and the equitable disposition of any surplus 39 funds that may exist after the termination of this Compact after 40 the payment or reserving of all of its debts and obligations; 41 d. The Commission shall publish its bylaws and rules, and 42 any amendments thereto, in a convenient form on the website of 43 the Commission. 44 e. The Commission shall maintain its financial records in 1 accordance with the bylaws. 2 f. The Commission shall meet and take such actions as are 3 consistent with the provisions of this Compact and the bylaws. 4 g. The Commission shall have the following powers: 5 1. To promulgate uniform rules to facilitate and 6 coordinate implementation and administration of this Compact. 7 The rules shall have the force and effect of law and shall be 8 binding in all party states; 9 2. To bring and prosecute legal proceedings or actions in 10 the name of the Commission, provided that the standing of any 11 licensing board to sue or be sued under applicable law shall not be 12 affected; 13 3. To purchase and maintain insurance and bonds; 14 4. To borrow, accept or contract for services of personnel, 15 including, but not limited to, employees of a party state or 16 nonprofit organizations; 17 5. To cooperate with other organizations that administer 18 state compacts related to the regulation of nursing, including but 19 not limited to sharing administrative or staff expenses, office space 20 or other resources; 21 6. To hire employees, elect or appoint officers, fix 22 compensation, define duties, grant such individuals appropriate 23 authority to carry out the purposes of this Compact, and to 24 establish the Commission s personnel policies and programs 25 related to conflicts of interest, qualifications of personnel and 26 other related personnel matters; 27 7. To accept any and all appropriate donations, grants and 28 gifts of money, equipment, supplies, materials and services, and to 29 receive, utilize and dispose of the same; provided that at all times 30 the Commission shall avoid any appearance of impropriety or 31 conflict of interest; 32 8. To lease, purchase, accept appropriate gifts or 33 donations of, or otherwise to own, hold, improve or use, any 34 property, whether real, personal or mixed; provided that at all 35 times the Commission shall avoid any appearance of impropriety; 36 9. To sell, convey, mortgage, pledge, lease, exchange, 37 abandon or otherwise dispose of any property, whether real, 38 personal or mixed; 39 10. To establish a budget and make expenditures; 40 11. To borrow money; 41 12. To appoint committees, including advisory committees 42 comprised of administrators, state nursing regulators, state 43 legislators or their representatives, and consumer representatives, 44 and other such interested persons; 45 13. To provide and receive information from, and to 1 cooperate with, law enforcement agencies; 2 14. To adopt and use an official seal; and 3 15. To perform such other functions as may be necessary 4 or appropriate to achieve the purposes of this Compact consistent 5 with the state regulation of nurse licensure and practice. 6 h. Financing of the Commission 7 1. The Commission shall pay, or provide for the payment 8 of, the reasonable expenses of its establishment, organization and 9 ongoing activities. 10 2. The Commission may also levy on and collect an 11 annual assessment from each party state to cover the cost of its 12 operations, activities and staff in its annual budget as approved 13 each year. The aggregate annual assessment amount, if any, shall 14 be allocated based upon a formula to be determined by the 15 Commission, which shall promulgate a rule that is binding upon 16 all party states. 17 3. The Commission shall not incur obligations of any kind 18 prior to securing the funds adequate to meet the same; nor shall 19 the Commission pledge the credit of any of the party states, except 20 by, and with the authority of, such party state. 21 4. The Commission shall keep accurate accounts of all 22 receipts and disbursements. The receipts and disbursements of the 23 Commission shall be subject to the audit and accounting 24 procedures established under its bylaws. However, all receipts and 25 disbursements of funds handled by the Commission shall be 26 audited yearly by a certified or licensed public accountant, and the 27 report of the audit shall be included in and become part of the 28 annual report of the Commission. 29 i. Qualified Immunity, Defense and Indemnification 30 1. The administrators, officers, executive director, 31 employees and representatives of the Commission shall be immune 32 from suit and liability, either personally or in their official 33 capacity, for any claim for damage to or loss of property or 34 personal injury or other civil liability caused by or arising out of 35 any actual or alleged act, error or omission that occurred, or that 36 the person against whom the claim is made had a reasonable basis 37 for believing occurred, within the scope of Commission 38 employment, duties or responsibilities; provided that nothing in 39 this paragraph shall be construed to protect any such person from 40 suit or liability for any damage, loss, injury or liability caused by 41 the intentional, willful or wanton misconduct of that person. 42 2. The Commission shall defend any administrator, 43 officer, executive director, employee or representative of the 44 Commission in any civil action seeking to impose liability arising 45 out of any actual or alleged act, error or omission that occurred 1 within the scope of Commission employment, duties or 2 responsibilities, or that the person against whom the claim is made 3 had a reasonable basis for believing occurred within the scope of 4 Commission employment, duties or responsibilities; provided that 5 nothing herein shall be construed to prohibit that person from 6 retaining his or her own counsel; and provided further that the 7 actual or alleged act, error or omission did not result from that 8 person s intentional, willful or wanton misconduct. 9 3. The Commission shall indemnify and hold harmless 10 any administrator, officer, executive director, employee or 11 representative of the Commission for the amount of any settlement 12 or judgment obtained against that person arising out of any actual 13 or alleged act, error or omission that occurred within the scope of 14 Commission employment, duties or responsibilities, or that such 15 person had a reasonable basis for believing occurred within the 16 scope of Commission employment, duties or responsibilities, 17 provided that the actual or alleged act, error or omission did not 18 result from the intentional, willful or wanton misconduct of that 19 person. 20 21 ARTICLE VIII. 22 23 RULEMAKING 24 25 a. The Commission shall exercise its rulemaking powers 26 pursuant to the criteria set forth in this Article and the rules 27 adopted thereunder. Rules and amendments shall become binding 28 as of the date specified in each rule or amendment and shall have 29 the same force and effect as provisions of this Compact. 30 b. Rules or amendments to the rules shall be adopted at a 31 regular or special meeting of the Commission. 32 c. Prior to promulgation and adoption of a final rule or rules 33 by the Commission, and at least sixty (60) days in advance of the 34 meeting at which the rule will be considered and voted upon, the 35 Commission shall file a notice of proposed rulemaking: 36 1. On the website of the Commission; and 37 2. On the website of each licensing board or the 38 publication in which each state would otherwise publish proposed 39 rules. 40 d. The notice of proposed rulemaking shall include: 41 1. The proposed time, date and location of the meeting in 42 which the rule will be considered and voted upon; 43 2. The text of the proposed rule or amendment, and the 44 reason for the proposed rule; 45 3. A request for comments on the proposed rule from any 1 interested person; and 2 4. The manner in which interested persons may submit 3 notice to the Commission of their intention to attend the public 4 hearing and any written comments. 5 e. Prior to adoption of a proposed rule, the Commission shall 6 allow persons to submit written data, facts, opinions and 7 arguments, which shall be made available to the public. 8 f. The Commission shall grant an opportunity for a public 9 hearing before it adopts a rule or amendment. 10 g. The Commission shall publish the place, time and date of 11 the scheduled public hearing. 12 1. Hearings shall be conducted in a manner providing 13 each person who wishes to comment a fair and reasonable 14 opportunity to comment orally or in writing. All hearings will be 15 recorded, and a copy will be made available upon request. 16 2. Nothing in this section shall be construed as requiring a 17 separate hearing on each rule. Rules may be grouped for the 18 convenience of the Commission at hearings required by this 19 section. 20 h. If no one appears at the public hearing, the Commission 21 may proceed with promulgation of the proposed rule. 22 i. Following the scheduled hearing date, or by the close of 23 business on the scheduled hearing date if the hearing was not 24 held, the Commission shall consider all written and oral comments 25 received. 26 j. The Commission shall, by majority vote of all 27 administrators, take final action on the proposed rule and shall 28 determine the effective date of the rule, if any, based on the 29 rulemaking record and the full text of the rule. 30 k. Upon determination that an emergency exists, the 31 Commission may consider and adopt an emergency rule without 32 prior notice, opportunity for comment or hearing, provided that 33 the usual rulemaking procedures provided in this Compact and in 34 this section shall be retroactively applied to the rule as soon as 35 reasonably possible, in no event later than ninety (90) days after 36 the effective date of the rule. For the purposes of this provision, an 37 emergency rule is one that must be adopted immediately in order 38 to: 39 1. Meet an imminent threat to public health, safety or 40 welfare; 41 2. Prevent a loss of Commission or party state funds; or 42 3. Meet a deadline for the promulgation of an 43 administrative rule that is required by federal law or rule. 44 l. The Commission may direct revisions to a previously 1 adopted rule or amendment for purposes of correcting 2 typographical errors, errors in format, errors in consistency or 3 grammatical errors. Public notice of any revisions shall be posted 4 on the website of the Commission. The revision shall be subject to 5 challenge by any person for a period of thirty (30) days after 6 posting. The revision may be challenged only on grounds that the 7 revision results in a material change to a rule. A challenge shall 8 be made in writing, and delivered to the Commission, prior to the 9 end of the notice period. If no challenge is made, the revision will 10 take effect without further action. If the revision is challenged, the 11 revision may not take effect without the approval of the 12 Commission. 13 14 ARTICLE IX. 15 16 OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT 17 18 a. Oversight 19 1. Each party state shall enforce this Compact and take all 20 actions necessary and appropriate to effectuate this Compact s 21 purposes and intent. 22 2. The Commission shall be entitled to receive service of 23 process in any proceeding that may affect the powers, 24 responsibilities or actions of the Commission, and shall have 25 standing to intervene in such a proceeding for all purposes. 26 Failure to provide service of process in such proceeding to the 27 Commission shall render a judgment or order void as to the 28 Commission, this Compact or promulgated rules. 29 b. Default, Technical Assistance and Termination 30 1. If the Commission determines that a party state has 31 defaulted in the performance of its obligations or responsibilities 32 under this Compact or the promulgated rules, the Commission 33 shall: 34 i. Provide written notice to the defaulting state and 35 other party states of the nature of the default, the proposed means 36 of curing the default or any other action to be taken by the 37 Commission; and 38 ii. Provide remedial training and specific technical 39 assistance regarding the default. 40 2. If a state in default fails to cure the default, the 41 defaulting state s membership in this Compact may be terminated 42 upon an affirmative vote of a majority of the administrators, and 43 all rights, privileges and benefits conferred by this Compact may 44 be terminated on the effective date of termination. A cure of the 45 default does not relieve the offending state of obligations or 1 liabilities incurred during the period of default. 2 3. Termination of membership in this Compact shall be 3 imposed only after all other means of securing compliance have 4 been exhausted. Notice of intent to suspend or terminate shall be 5 given by the Commission to the governor of the defaulting state 6 and to the executive officer of the defaulting state s licensing 7 board and each of the party states. 8 4. A state whose membership in this Compact has been 9 terminated is responsible for all assessments, obligations and 10 liabilities incurred through the effective date of termination, 11 including obligations that extend beyond the effective date of 12 termination. 13 5. The Commission shall not bear any costs related to a 14 state that is found to be in default or whose membership in this 15 Compact has been terminated unless agreed upon in writing 16 between the Commission and the defaulting state. 17 6. The defaulting state may appeal the action of the 18 Commission by petitioning the U.S. District Court for the District 19 of Columbia or the federal district in which the Commission has 20 its principal offices. The prevailing party shall be awarded all 21 costs of such litigation, including reasonable attorneys fees. 22 c. Dispute Resolution 23 1. Upon request by a party state, the Commission shall 24 attempt to resolve disputes related to the Compact that arise 25 among party states and between party and non-party states. 26 2. The Commission shall promulgate a rule providing for 27 both mediation and binding dispute resolution for disputes, as 28 appropriate. 29 3. In the event the Commission cannot resolve disputes 30 among party states arising under this Compact: 31 i. The party states may submit the issues in dispute to 32 an arbitration panel, which will be comprised of individuals 33 appointed by the Compact administrator in each of the affected 34 party states and an individual mutually agreed upon by the 35 Compact administrators of all the party states involved in the 36 dispute. 37 ii. The decision of a majority of the arbitrators shall be 38 final and binding. 39 d. Enforcement 40 1. The Commission, in the reasonable exercise of its 41 discretion, shall enforce the provisions and rules of this Compact. 42 2. By majority vote, the Commission may initiate legal 43 action in the U.S. District Court for the District of Columbia or the 44 federal district in which the Commission has its principal offices 45 against a party state that is in default to enforce compliance with 1 the provisions of this Compact and its promulgated rules and 2 bylaws. The relief sought may include both injunctive relief and 3 damages. In the event judicial enforcement is necessary, the 4 prevailing party shall be awarded all costs of such litigation, 5 including reasonable attorneys fees. 6 3. The remedies herein shall not be the exclusive remedies 7 of the Commission. The Commission may pursue any other 8 remedies available under federal or state law. 9 10 ARTICLE X. 11 12 EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT 13 14 a. This Compact shall become effective and binding on the 15 earlier of the date of legislative enactment of this Compact into 16 law by no less than twenty-six (26) states or December 31, 2018. 17 All party states to this Compact, that also were parties to the prior 18 Nurse Licensure Compact, superseded by this Compact, (Prior 19 Compact), shall be deemed to have withdrawn from said 20 Prior Compact within six (6) months after the effective date of this 21 Compact. 22 b. Each party state to this Compact shall continue to 23 recognize a nurse s multistate licensure privilege to practice in 24 that party state issued under the Prior Compact until such party 25 state has withdrawn from the Prior Compact. 26 c. Any party state may withdraw from this Compact by 27 enacting a statute repealing the same. A party state s withdrawal 28 shall not take effect until six (6) months after enactment of the 29 repealing statute. 30 d. A party state s withdrawal or termination shall not affect 31 the continuing requirement of the withdrawing or terminated 32 state s licensing board to report adverse actions and significant 33 investigations occurring prior to the effective date of such 34 withdrawal or termination. 35 e. Nothing contained in this Compact shall be construed to 36 invalidate or prevent any nurse licensure agreement or other 37 cooperative arrangement between a party state and a non-party 38 state that is made in accordance with the other provisions of this 39 Compact. 40 f. This Compact may be amended by the party states. No 41 amendment to this Compact shall become effective and binding 42 upon the party states unless and until it is enacted into the laws of 43 all party states. 44 g. Representatives of non-party states to this Compact shall 1 be invited to participate in the activities of the Commission, on a 2 nonvoting basis, prior to the adoption of this Compact by all states. 3 4 ARTICLE XI. 5 6 CONSTRUCTION AND SEVERABILITY 7 8 This Compact shall be liberally construed so as to effectuate 9 the purposes thereof. The provisions of this Compact shall be 10 severable, and if any phrase, sentence or provision of this 11 Compact is declared to be contrary to the constitution of any party 12 state or of the United States, or if the applicability thereof to any 13 government, agency, person or circumstance is held invalid, the 14 validity of the remainder of this Compact and the applicability 15 thereof to any government, agency, person or circumstance shall 16 not be affected thereby. If this Compact shall be held to be 17 contrary to the constitution of any party state, this Compact shall 18 remain in full force and effect as to the remaining party states and 19 in full force and effect as to the party state affected as to all 20 severable matters. 21

AI Summary

Committee Categories

Jill Dickman (R)*,  Joe Hardy (R)*,  P.K. O'Neill (R)*,  Robin Titus (R)*,  Jill Tolles (R)*,  Greg Hafen (R),  Alexis Hansen (R),  Melissa Hardy (R),  Heidi Kasama (R),  Ben Kieckhefer (R),  Lisa Krasner (R),  Glen Leavitt (R),  Andrew Matthews (R),  Richard McArthur (R),  Jim Wheeler (R), 

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.) (on 04/10/2021)

Official Document