Bill > S954

Introduced Session

This bill would enter New Jersey in the Nurse Licensure Compact (NLC) - a multistate compact that establishes a mutual recognition system for the licensure of registered professional nurses and licensed practical nurses. Under a mutual recognition system, a nurse only needs to obtain one license from the nurse's state of residence in order to be permitted to practice nursing in any other state that is a party to the compact, as long as the nurse complies with the state practice laws of the state in which the patient is located at the time that care is rendered. Currently, a nurse is required to be licensed in, and by, each state in which the nurse chooses to practice. Under the NLC, a nurse who applies for licensure would be required to meet the qualifications for licensure and license renewal that have been established in the nurse's state of residence. While a nurse may be licensed in any state or states that are not parties to the compact, a nurse may only be licensed in one state that is a party to the compact. The NLC would authorize a state that is a party to the compact to limit, suspend, or revoke the multistate licensure privilege of any nurse to practice in that state, and to take any other actions under the applicable state laws that may be necessary to protect the health and safety of the citizens of the party state. The NLC would also establish a coordinated licensure information system that will include a database on the licensure and disciplinary history of all nurses licensed in the party states. The party states will be required to report to the coordinated system all adverse actions against nurses, including actions against multistate licensure privileges, any current significant investigative information yet to result in an adverse action, and denials of applications and the reasons therefor. This information will be shared with party states unless the state submitting the information designates information that may not be shared or disclosed without the permission of the contributing state. The coordinated licensure information system is to be administered by a nonprofit organization composed of and controlled by state nurse licensing boards. The NLC would also establish the Interstate Commission of Nurse Licensure Compact Administrators as a joint public instrumentality of the party states. However, nothing in the compact is to be construed as a waiver of sovereign immunity. Each party state will be required to have its compact administrator - the head of the state licensing board, or their designee - participate as a member of the commission. The commission will be required to meet at least once a year. The compact grants the commission broad powers to: (1) promulgate uniform rules - having the effect of law - in order to facilitate and coordinate implementation and administration of the compact in the party states; (2) bring and prosecute legal proceedings in the name of the commission; (3) appoint advisory and other committees comprised of administrators, state nursing regulators, state legislators, consumer representatives, and other interested parties; and (4) cooperate with other organizations that administer state compacts related to the practice of nursing. The commission would further be authorized to identify defaults in the performance of a party state in meeting its obligations or responsibilities under the compact; to provide training and technical assistance to a party state, in order to assist the party state in curing any defaults; and to terminate a defaulting party state's membership in the compact if all means of securing compliance have been exhausted. The compact also authorizes the commission to levy, and collect from each party state, an annual assessment that would cover the cost of commission operations, activities, and staff. All of the administrators, officers, employees, representatives, and the executive director of the commission would be immune from liability, either personally or in their official capacity, for any civil claims arising out of any actual or alleged act, error, or omission that occurred (or that the accused had a reasonable basis for believing had occurred) within the scope of commission employment, duties, or responsibilities, except in the case of intentional, willful, or wanton misconduct. Nothing in the NLC would abrogate or supersede the provisions in Title 45 of the Revised Statutes, or in any other title or chapter of law applicable to the practice of nursing in this State. In any instance of an omission from the compact, the provisions of Title 45 of the Revised Statutes or other applicable statutory law, and any regulations adopted pursuant thereto, would be controlling. However, if there is an irreconcilable conflict between the NLC and chapter 11 of Title 45 of the Revised Statutes (which pertains to the practice of nursing), the provisions of the compact would control. Nothing in the NLC would abrogate or supersede the provisions in Title 34 of the Revised Statutes, or in any other title or chapter of law applicable to labor practices, workforce strikes, or the resolution of labor disputes in this State. Nothing in the compact will be deemed to waive or abrogate in any way any defense or immunity of a public entity or public employee under the common law or statutory law. The NLC is intended to address the expanded mobility of nurses and the use of advanced communication technologies (telemedicine) by nurses, which each necessitate greater coordination and cooperation among states in the areas of nurse licensure and regulation. The NLC is also intended to facilitate the exchange of information between states in the area of nurse regulation, investigation, and adverse actions. In July 2017, North Carolina became the 26th state to enact legislation agreeing to participate in the NLC, making the compact effective and binding on the party states, which include Maryland and Delaware. Although New Jersey entered into a prior version of the multistate NLC through the enactment of P.L.2001, c.340 (C.45:11A-1 et seq.), this law was only temporary in nature, and it expired on January 1, 2007. The National Council of State Boards of Nursing has adopted a revised version of the compact. Accordingly, the bill incorporates the updated provisions of the NLC, as adopted by the National Council of State Boards of Nursing on May 4, 2015. The bill would require that the Attorney General, one year after New Jersey becomes a party to the compact, submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, indicating whether the State's continued participation in the compact is in the best interest of the health, safety, and welfare of its citizens. At a minimum, the report will be required to: (1) describe the beneficial and detrimental effects, evidenced during the preceding year, which have resulted from the State's participation in the compact; (2) describe any potential long-term effects that have not yet been experienced, but which are likely to result from the State's continued participation in the compact; (3) indicate whether any other party state has changed its licensure requirements in the preceding year to make them less stringent than the requirements in this State; and (4) provide a recommendation as to whether the State should remain a party to the compact. The bill authorizes the Legislature to withdraw New Jersey from the compact if the report submitted by the Attorney General, pursuant to the bill's provisions, indicates that a party state has changed its licensure requirements to make them substantially lower than the requirements of this State, or that withdrawal from the compact is in the best interests of the health, safety, and welfare of the citizens of New Jersey.

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Committee Categories

Herbert Conaway (D)*,  JoAnn Downey (D)*,  Fred Madden (D)*,  Angela Mcknight (D)*,  Paul Moriarty (D)*,  Raj Mukherji (D)*,  Troy Singleton (D)*,  Shavonda Sumter (D)*,  Joe Vitale (D)*,  Dawn Addiego (D),  Christopher Bateman (R),  Daniel Benson (D),  Linda Carter (D),  Annette Chaparro (D),  Linda Greenstein (D),  Mila Jasey (D),  Angelica Jimenez (D),  Patricia Jones (D),  Pam Lampitt (D),  Gabriela Mosquera (D),  Nancy Muñoz (R),  Carol Murphy (D),  Declan O'Scanlon (R),  Nancy Pinkin (D),  Annette Quijano (D),  Verlina Reynolds-Jackson (D),  Bob Singer (R),  Parker Space (R),  Shirley Turner (D),  Anthony Verrelli (D),  Harold Wirths (R), 

Approved P.L.2019, c.172. (on 07/19/2019)