314.475 Nurse Licensure Compact.
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/ky/chapter-314/314-475A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Nurse Licensure Compact is hereby enacted and entered into with all other jurisdictions that legally join in the Compact, which is, in form, substantially as follows:
ARTICLE I Findings and Declaration of Purpose a. The party states find that:
1. The health and safety of the public are affected by the degree of compliance
with and the effectiveness of enforcement activities related to state nurse
licensure laws;
2. Violations of nurse licensure and other laws regulating the practice of nursing
may result in injury or harm to the public;
3. The expanded mobility of nurses and the use of advanced communication
technologies as part of our nation's health care delivery system require greater
coordination and cooperation among states in the areas of nurse licensure and
regulation;
4. New practice modalities and technology make compliance with individual
state nurse licensure laws difficult and complex;
5. The current system of duplicative licensure for nurses practicing in multiple
states is cumbersome and redundant for both nurses and states; and
6. Uniformity of nurse licensure requirements throughout the states promotes
public safety and public health benefits. b. The general purposes of this Compact are to:
1. Facilitate the states' responsibility to protect the public's health and safety;
2. Ensure and encourage the cooperation of party states in the areas of nurse
licensure and regulation;
3. Facilitate the exchange of information between party states in the areas of
nurse regulation, investigation and adverse actions;
4. Promote compliance with the laws governing the practice of nursing in each
jurisdiction;
5. Invest all party states with the authority to hold a nurse accountable for
meeting all state practice laws in the state in which the patient is located at the
time care is rendered through the mutual recognition of party state licenses;
6. Decrease redundancies in the consideration and issuance of nurse licenses;
and
7. Provide opportunities for interstate practice by nurses who meet uniform
licensure requirements. c. The following provisions of this Compact shall apply in this state:
1. By entering into this Compact, this state authorizes the licensing board as
defined in Article II. g. of this Compact and as created by KRS Chapter 314 to
implement the provisions of this Compact.
2. Notwithstanding any provision of this Compact to the contrary:
i. When a rule is adopted pursuant to Article VIII of this Compact, the
licensing board of this state as defined by Article II. g. of this Compact
shall have sixty
(60)days to review the rule for the purpose of filing the
rule as an emergency administrative regulation pursuant to KRS
13A.190 and for filing the rule as an accompanying ordinary
administrative regulation, following the requirements of KRS Chapter
13A. Failure by the licensing board of this state as defined by Article II.
g. of this Compact to promulgate a rule adopted by the Interstate
Commission of Nurse Licensure Compact Administrators as an
administrative regulation pursuant to KRS Chapter 13A shall result in
the initiation of the process for withdrawal as set forth in Article X of
this Compact. Nothing in these provisions shall negate the applicability
and effect of Article VIII. j. of this Compact to this state.
ii. If the proposed administrative regulation is found deficient and the
deficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the
provisions of Article IX of this Compact shall apply. In the event that
the procedures under Article IX of this Compact fail to resolve an issue,
the provisions of Article X of this Compact shall apply.
iii. In the event the Interstate Commission of Nurse Licensure Compact
Administrators created by Article VII of this Compact exercises its
rulemaking authority in a manner that is beyond the scope of the
purposes of this Compact, or the powers granted hereunder, then such an
action by the Commission shall be invalid and have no force or effect.
3. Article VII. h. of this Compact pertaining to the financing of the Commission
shall not be interpreted to obligate the general fund of this state. Any funds
used to finance this Compact shall be from money collected pursuant to KRS
314.161.
4. This Compact shall apply only to those nurses who hold a multistate license.
5. The term "head of the state licensing board" as used in Article VII. b. of this
Compact refers to the executive director of the Kentucky Board of Nursing.
ARTICLE II Definitions As used in this Compact: a. "Adverse action" means any administrative, civil, equitable or criminal action
permitted by a state's laws which is imposed by a licensing board or other authority
against a nurse, including actions against an individual's license or multistate
licensure privilege such as revocation, suspension, probation, monitoring of the
licensee, limitation on the licensee's practice, or any other encumbrance on licensure
affecting a nurse's authorization to practice, including issuance of a cease and desist
action. b. "Alternative program" means a non-disciplinary monitoring program approved by a
licensing board. c. "Coordinated licensure information system" means an integrated process for
collecting, storing and sharing information on nurse licensure and enforcement
activities related to nurse licensure laws that is administered by a nonprofit
organization composed of and controlled by licensing boards. d. "Current significant investigative information" means:
1. Investigative information that a licensing board, after a preliminary inquiry
that includes notification and an opportunity for the nurse to respond, if
required by state law, has reason to believe is not groundless and, if proved
true, would indicate more than a minor infraction; or
2. Investigative information that indicates that the nurse represents an immediate
threat to public health and safety regardless of whether the nurse has been
notified and had an opportunity to respond. e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board. f. "Home state" means the party state which is the nurse's primary state of residence. g. "Licensing board" means a party state's regulatory body responsible for issuing
nurse licenses. h. "Multistate license" means a license to practice as a registered or a licensed
practical/vocational nurse (LPN/VN) issued by a home state licensing board that
authorizes the licensed nurse to practice in all party states under a multistate
licensure privilege. i. "Multistate licensure privilege" means a legal authorization associated with a
multistate license permitting the practice of nursing as either a registered nurse
(RN)or LPN/VN in a remote state. j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state's
practice laws. k. "Party state" means any state that has adopted this Compact. l. "Remote state" means a party state, other than the home state. m. "Single-state license" means a nurse license issued by a party state that authorizes
practice only within the issuing state and does not include a multistate licensure
privilege to practice in any other party state. n. "State" means a state, territory or possession of the United States and the District of
Columbia. o. "State practice laws" means a party state's laws, rules and regulations that govern
the practice of nursing, define the scope of nursing practice, and create the methods
and grounds for imposing discipline. "State practice laws" do not include
requirements necessary to obtain and retain a license, except for qualifications or
requirements of the home state.
ARTICLE III General Provisions and Jurisdiction a. A multistate license to practice registered or licensed practical/vocational nursing
issued by a home state to a resident in that state will be recognized by each party
state as authorizing a nurse to practice as a registered nurse
(RN)or as a licensed
practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each
party state. b. A state must implement procedures for considering the criminal history records of
applicants for initial multistate license or licensure by endorsement. Such
procedures shall include the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an applicant's criminal
history record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records. c. Each party state shall require the following for an applicant to obtain or retain a
multistate license in the home state:
1. Meets the home state's qualifications for licensure or renewal of licensure, as
well as all other applicable state laws;
2. i. Has graduated or is eligible to graduate from a licensing board-approved
RN or LPN/VN prelicensure education program; or
ii. Has graduated from a foreign RN or LPN/VN prelicensure education
program that
(a)has been approved by the authorized accrediting body
in the applicable country and
(b)has been verified by an independent
credentials review agency to be comparable to a licensing board-
approved prelicensure education program;
3. Has, if a graduate of a foreign prelicensure education program, not taught in
English or, if English is not the individual's native language, successfully
passed an English proficiency examination that includes the components of
reading, speaking, writing and listening;
4. Has successfully passed an NCLEX-RN or NCLEX-PN Examination or
recognized predecessor, as applicable;
5. Is eligible for or holds an active, unencumbered license;
6. Has submitted, in connection with an application for initial licensure or
licensure by endorsement, fingerprints or other biometric data for the purpose
of obtaining criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state's criminal
records;
7. Has not been convicted or found guilty, or has entered into an agreed
disposition, of a felony offense under applicable state or federal criminal law;
8. Has not been convicted or found guilty, or has entered into an agreed
disposition, of a misdemeanor offense related to the practice of nursing as
determined on a case-by-case basis;
9. Is not currently enrolled in an alternative program;
10. Is subject to self-disclosure requirements regarding current participation in an
alternative program; and
11. Has a valid United States Social Security number. d. All party states shall be authorized, in accordance with existing state due process
law, to take adverse action against a nurse's multistate licensure privilege such as
revocation, suspension, probation or any other action that affects a nurse's
authorization to practice under a multistate licensure privilege, including cease and
desist actions. If a party state takes such action, it shall promptly notify the
administrator of the coordinated licensure information system. The administrator of
the coordinated licensure information system shall promptly notify the home state
of any such actions by remote states. e. A nurse practicing in a party state must comply with the state practice laws of the
state in which the client is located at the time service is provided. The practice of
nursing is not limited to patient care, but shall include all nursing practice as
defined by the state practice laws of the party state in which the client is located.
The practice of nursing in a party state under a multistate licensure privilege will
subject a nurse to the jurisdiction of the licensing board, the courts and the laws of
the party state in which the client is located at the time service is provided. f. Individuals not residing in a party state shall continue to be able to apply for a party
state's single-state license as provided under the laws of each party state. However,
the single-state license granted to these individuals will not be recognized as
granting the privilege to practice nursing in any other party state. Nothing in this
Compact shall affect the requirements established by a party state for the issuance
of a single-state license. g. Any nurse holding a home state multistate license, on the effective date of this
Compact, may retain and renew the multistate license issued by the nurse's then-
current home state, provided that:
1. A nurse, who changes primary state of residence after this Compact's effective
date, must meet all applicable Article III.c. requirements to obtain a multistate
license from a new home state.
2. A nurse who fails to satisfy the multistate licensure requirements in Article III.
c. of this Compact due to a disqualifying event occurring after this Compact's
effective date shall be ineligible to retain or renew a multistate license, and the
nurse's multistate license shall be revoked or deactivated in accordance with
applicable rules adopted by the Interstate Commission of Nurse Licensure
Compact Administrators ("Commission").
ARTICLE IV Applications for Licensure in a Party State a. Upon application for a multistate license, the licensing board in the issuing party
state shall ascertain, through the coordinated licensure information system, whether
the applicant has ever held, or is the holder of, a license issued by any other state,
whether there are any encumbrances on any license or multistate licensure privilege
held by the applicant, whether any adverse action has been taken against any license
or multistate licensure privilege held by the applicant and whether the applicant is
currently participating in an alternative program. b. A nurse may hold a multistate license, issued by the home state, in only one
party state at a time. c. If a nurse changes primary state of residence by moving between two
(2)party
states, the nurse must apply for licensure in the new home state, and the multistate
license issued by the prior home state will be deactivated in accordance with
applicable rules adopted by the Commission.
1. The nurse may apply for licensure in advance of a change in primary state of
residence.
2. A multistate license shall not be issued by the new home state until the nurse
provides satisfactory evidence of a change in primary state of residence to the
new home state and satisfies all applicable requirements to obtain a multistate
license from the new home state. d. If a nurse changes primary state of residence by moving from a party state to a non-
party state, the multistate license issued by the prior home state will convert to a
single-state license, valid only in the former home state.
ARTICLE V Additional Authorities Invested in Party State Licensing Boards a. In addition to the other powers conferred by state law, a licensing board shall have
the authority to:
1. Take adverse action against a nurse's multistate licensure privilege to practice
within that party state.
i. Only the home state shall have the power to take adverse action against a
nurse's license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board
shall give the same priority and effect to reported conduct received from
a remote state as it would if such conduct had occurred within the home
state. In so doing, the home state shall apply its own state laws to
determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on a nurse's authority
to practice within that party state.
3. Complete any pending investigations of a nurse who changes primary state of
residence during the course of such investigations. The licensing board shall
also have the authority to take appropriate action(s) and shall promptly report
the conclusions of such investigations to the administrator of the coordinated
licensure information system. The administrator of the coordinated licensure
information system shall promptly notify the new home state of any such
actions.
4. Issue subpoenas for both hearings and investigations that require the
attendance and testimony of witnesses, as well as the production of evidence.
Subpoenas issued by a licensing board in a party state for the attendance and
testimony of witnesses or the production of evidence from another party state
shall be enforced in the latter state by any court of competent jurisdiction,
according to the practice and procedure of that court applicable to subpoenas
issued in proceedings pending before it. The issuing authority shall pay any
witness fees, travel expenses, mileage and other fees required by the service
statutes of the state in which the witnesses or evidence are located.
5. Obtain and submit, for each nurse licensure applicant, fingerprint or other
biometric-based information to the Federal Bureau of Investigation for
criminal background checks, receive the results of the Federal Bureau of
Investigation record search on criminal background checks and use the results
in making licensure decisions.
6. If otherwise permitted by state law, recover from the affected nurse the costs
of investigations and disposition of cases resulting from any adverse action
taken against that nurse.
7. Take adverse action based on the factual findings of the remote state, provided
that the licensing board follows its own procedures for taking such adverse
action. b. If adverse action is taken by the home state against a nurse's multistate license, the
nurse's multistate licensure privilege to practice in all other party states shall be
deactivated until all encumbrances have been removed from the multistate license.
All home state disciplinary orders that impose adverse action against a nurse's
multistate license shall include a statement that the nurse's multistate licensure
privilege is deactivated in all party states during the pendency of the order. c. Nothing in this Compact shall override a party state's decision that participation in
an alternative program may be used in lieu of adverse action. The home state
licensing board shall deactivate the multistate licensure privilege under the
multistate license of any nurse for the duration of the nurse's participation in an
alternative program.
ARTICLE VI Coordinated Licensure Information System and Exchange of Information a. All party states shall participate in a coordinated licensure information system of all
licensed registered nurses
(RNs)and licensed practical/vocational nurses
(LPNs/VNs). This system will include information on the licensure and disciplinary
history of each nurse, as submitted by party states, to assist in the coordination of
nurse licensure and enforcement efforts. b. The Commission, in consultation with the administrator of the coordinated
licensure information system, shall formulate necessary and proper procedures for
the identification, collection and exchange of information under this Compact. c. All licensing boards shall promptly report to the coordinated licensure information
system any adverse action, any current significant investigative information, denials
of applications (with the reasons for such denials) and nurse participation in
alternative programs known to the licensing board regardless of whether such
participation is deemed nonpublic or confidential under state law. d. Current significant investigative information and participation in nonpublic or
confidential alternative programs shall be transmitted through the coordinated
licensure information system only to party state licensing boards. e. Notwithstanding any other provision of law, all party state licensing boards
contributing information to the coordinated licensure information system may
designate information that may not be shared with non-party states or disclosed to
other entities or individuals without the express permission of the contributing state. f. Any personally identifiable information obtained from the coordinated licensure
information system by a party state licensing board shall not be shared with non-
party states or disclosed to other entities or individuals except to the extent
permitted by the laws of the party state contributing the information. g. Any information contributed to the coordinated licensure information system that is
subsequently required to be expunged by the laws of the party state contributing that
information shall also be expunged from the coordinated licensure information
system. h. The Compact administrator of each party state shall furnish a uniform data set to the
Compact administrator of each other party state, which shall include, at a minimum:
1. Identifying information;
2. Licensure data;
3. Information related to alternative program participation; and
4. Other information that may facilitate the administration of this Compact, as
determined by Commission rules. i. The Compact administrator of a party state shall provide all investigative
documents and information requested by another party state.
ARTICLE VII Establishment of the Interstate Commission of Nurse Licensure Compact Administrators a. The party states hereby create and establish a joint public entity known as the
Interstate Commission of Nurse Licensure Compact Administrators.
1. The Commission is an instrumentality of the party states.
2. Venue is proper, and judicial proceedings by or against the Commission shall
be brought solely and exclusively, in a court of competent jurisdiction where
the principal office of the Commission is located. The Commission may
waive venue and jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign
immunity. b. Membership, Voting and Meetings
1. Each party state shall have and be limited to one administrator. The head of
the state licensing board or designee shall be the administrator of this
Compact for each party state. Any administrator may be removed or
suspended from office as provided by the law of the state from which the
Administrator is appointed. Any vacancy occurring in the Commission shall
be filled in accordance with the laws of the party state in which the vacancy
exists.
2. Each administrator shall be entitled to one
(1)vote with regard to the
promulgation of rules and creation of bylaws and shall otherwise have an
opportunity to participate in the business and affairs of the Commission. An
administrator shall vote in person or by such other means as provided in the
bylaws. The bylaws may provide for an administrator's participation in
meetings by telephone or other means of communication.
3. The Commission shall meet at least once during each calendar year.
Additional meetings shall be held as set forth in the bylaws or rules of the
commission.
4. All meetings shall be open to the public, and public notice of meetings shall
be given in the same manner as required under the rulemaking provisions in
Article VIII of this Compact.
5. The Commission may convene in a closed, nonpublic meeting if the
Commission must discuss:
i. Noncompliance of a party state with its obligations under this Compact;
ii. The employment, compensation, discipline or other personnel matters,
practices or procedures related to specific employees or other matters
related to the Commission's internal personnel practices and procedures;
iii. Current, threatened or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services or
real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is
privileged or confidential;
vii. Disclosure of information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement
purposes;
ix. Disclosure of information related to any reports prepared by or on behalf
of the Commission for the purpose of investigation of compliance with
this Compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision. The
Commission shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of
actions taken, and the reasons therefor, including a description of the views
expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority vote of the
Commission or order of a court of competent jurisdiction. c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or
rules to govern its conduct as may be necessary or appropriate to carry out the
purposes and exercise the powers of this Compact, including but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function
of the Commission;
3. Providing reasonable procedures for calling and conducting meetings of the
Commission, ensuring reasonable advance notice of all meetings and
providing an opportunity for attendance of such meetings by interested parties,
with enumerated exceptions designed to protect the public's interest, the
privacy of individuals, and proprietary information, including trade secrets.
The Commission may meet in closed session only after a majority of the
administrators vote to close a meeting in whole or in part. As soon as
practicable, the Commission must make public a copy of the vote to close the
meeting revealing the vote of each administrator, with no proxy votes
allowed;
4. Establishing the titles, duties and authority and reasonable procedures for the
election of the officers of the Commission;
5. Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the Commission. Notwithstanding any
civil service or other similar laws of any party state, the bylaws shall
exclusively govern the personnel policies and programs of the Commission;
and
6. Providing a mechanism for winding up the operations of the Commission and
the equitable disposition of any surplus funds that may exist after the
termination of this Compact after the payment or reserving of all of its debts
and obligations. d. The Commission shall publish its bylaws and rules, and any amendments thereto, in
a convenient form on the Web site of the Commission. e. The Commission shall maintain its financial records in accordance with the bylaws. f. The Commission shall meet and take such actions as are consistent with the
provisions of this Compact and the bylaws. g. The Commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of
law and shall be binding in all party states;
2. To bring and prosecute legal proceedings or actions in the name of the
Commission, provided that the standing of any licensing board to sue or be
sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including but not
limited to employees of a party state or nonprofit organizations;
5. To cooperate with other organizations that administer state compacts related
to the regulation of nursing, including but not limited to sharing
administrative or staff expenses, office space or other resources;
6. To hire employees, elect or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of this
Compact, and to establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel and other related
personnel matters;
7. To accept any and all appropriate donations, grants and gifts of money,
equipment, supplies, materials and services, and to receive, utilize and dispose
of the same; provided that at all times the Commission shall avoid any
appearance of impropriety or conflict of interest;
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to
own, hold, improve or use, any property, whether real, personal or mixed;
provided that at all times the Commission shall avoid any appearance of
impropriety;
9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise
dispose of any property, whether real, personal or mixed;
10. To establish a budget and make expenditures;
11. To borrow money;
12. To appoint committees, including advisory committees comprised of
administrators, state nursing regulators, state legislators or their
representatives, and consumer representatives, and other such interested
persons;
13. To provide and receive information from, and to cooperate with, law
enforcement agencies;
14. To adopt and use an official seal; and
15. To perform such other functions as may be necessary or appropriate to achieve
the purposes of this Compact consistent with the state regulation of nurse
licensure and practice. h. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization and ongoing activities.
2. The Commission may also levy on and collect an annual assessment from
each party state to cover the cost of its operations, activities and staff in its
annual budget as approved each year. The aggregate annual assessment
amount, if any, shall be allocated based upon a formula to be determined by
the Commission, which shall promulgate a rule that is binding upon all party
states.
3. The Commission shall not incur obligations of any kind prior to securing the
funds adequate to meet the same; nor shall the Commission pledge the credit
of any of the party states, except by, and with the authority of, such party state.
4. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Commission
shall be audited yearly by a certified or licensed public accountant, and the
report of the audit shall be included in and become part of the annual report of
the Commission. i. Qualified Immunity, Defense and Indemnification
1. The administrators, officers, executive director, employees and representatives
of the Commission shall be immune from suit and liability, either personally
or in their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual or
alleged act, error or omission that occurred, or that the person against whom
the claim is made had a reasonable basis for believing occurred, within the
scope of Commission employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional, willful or wanton misconduct of that person.
2. The Commission shall defend any administrator, officer, executive director,
employee or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error or omission that
occurred within the scope of Commission employment, duties or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel; and
provided further that the actual or alleged act, error or omission did not result
from that person's intentional, willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any administrator,
officer, executive director, employee or representative of the Commission for
the amount of any settlement or judgment obtained against that person arising
out of any actual or alleged act, error or omission that occurred within the
scope of Commission employment, duties or responsibilities, or that such
person had a reasonable basis for believing occurred within the scope of
Commission employment, duties or responsibilities, provided that the actual
or alleged act, error or omission did not result from the intentional, willful or
wanton misconduct of that person.
ARTICLE VIII Rulemaking a. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Article and the rules adopted thereunder. Rules and amendments shall
become binding as of the date specified in each rule or amendment and shall have
the same force and effect as provisions of this Compact. b. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission. c. Prior to promulgation and adoption of a final rule or rules by the Commission, and
at least sixty
(60)days in advance of the meeting at which the rule will be
considered and voted upon, the Commission shall file a notice of proposed
rulemaking:
1. On the Web site of the Commission; and
2. On the Web site of each licensing board or the publication in which each state
would otherwise publish proposed rules. d. The notice of proposed rulemaking shall include:
1. The proposed time, date and location of the meeting in which the rule will be
considered and voted upon;
2. The text of the proposed rule or amendment, and the reason for the proposed
rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission
of their intention to attend the public hearing and any written comments. e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions and arguments, which shall be made available to the
public. f. The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment. g. The Commission shall publish the place, time and date of the scheduled public
hearing.
1. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing.
All hearings shall be recorded, and a copy shall be made available upon
request.
2. Nothing in this section shall be construed as requiring a separate hearing on
each rule. Rules may be grouped for the convenience of the Commission at
hearings required by this section. h. If no one appears at the public hearing, the Commission may proceed with
promulgation of the proposed rule. i. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written
and oral comments received. j. The Commission shall, by majority vote of all administrators, take final action on
the proposed rule and shall determine the effective date of the rule, if any, based on
the rulemaking record and the full text of the rule. k. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment or hearing,
provided that the usual rulemaking procedures provided in this Compact and in this
section shall be retroactively applied to the rule as soon as reasonably possible, in
no event later than ninety
(90)days after the effective date of the rule. For the
purposes of this provision, an emergency rule is one that must be adopted
immediately in order to:
1. Meet an imminent threat to public health, safety or welfare;
2. Prevent a loss of Commission or party state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is required
by federal law or rule. l. The Commission may direct revisions to a previously adopted rule or amendment
for purposes of correcting typographical errors, errors in format, errors in
consistency or grammatical errors. Public notice of any revisions shall be posted on
the Web site of the Commission. The revision shall be subject to challenge by any
person for a period of thirty
(30)days after posting. The revision may be challenged
only on grounds that the revision results in a material change to a rule. A challenge
shall be made in writing, and delivered to the Commission, prior to the end of the
notice period. If no challenge is made, the revision will take effect without further
action. If the revision is challenged, the revision may not take effect without the
approval of the Commission.
ARTICLE IX Oversight, Dispute Resolution and Enforcement a. Oversight
1. Each party state shall enforce this Compact and take all actions necessary and
appropriate to effectuate this Compact's purposes and intent.
2. The Commission shall be entitled to receive service of process in any
proceeding that may affect the powers, responsibilities or actions of the
Commission, and shall have standing to intervene in such a proceeding for all
purposes. Failure to provide service of process in such proceeding to the
Commission shall render a judgment or order void as to the Commission, this
Compact or promulgated rules. b. Default, Technical Assistance and Termination
1. If the Commission determines that a party state has defaulted in the
performance of its obligations or responsibilities under this Compact or the
promulgated rules, the Commission shall:
i. Provide written notice to the defaulting state and other party states of the
nature of the default, the proposed means of curing the default or any
other action to be taken by the Commission; and
ii. Provide remedial training and specific technical assistance regarding the
default.
2. If a state in default fails to cure the default, the defaulting state's membership
in this Compact may be terminated upon an affirmative vote of a majority of
the administrators, and all rights, privileges and benefits conferred by this
Compact may be terminated on the effective date of termination. A cure of the
default does not relieve the offending state of obligations or liabilities incurred
during the period of default.
3. Termination of membership in this Compact shall be imposed only after all
other means of securing compliance have been exhausted. Notice of intent to
suspend or terminate shall be given by the Commission to the governor of the
defaulting state and to the executive officer of the defaulting state's licensing
board and each of the party states.
4. A state whose membership in this Compact has been terminated is responsible
for all assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the effective
date of termination.
5. The Commission shall not bear any costs related to a state that is found to be
in default or whose membership in this Compact has been terminated unless
agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning
the United States District Court for the District of Columbia or the federal
district in which the Commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation, including reasonable attorneys'
fees. c. Dispute Resolution
1. Upon request by a party state, the Commission shall attempt to resolve
disputes related to the Compact that arise among party states and between
party and non-party states.
2. The Commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes, as appropriate.
3. In the event the Commission cannot resolve disputes among party states
arising under this Compact:
i. The party states may submit the issues in dispute to an arbitration panel,
which will be comprised of individuals appointed by the Compact
administrator in each of the affected party states and an individual
mutually agreed upon by the Compact administrators of all the party
states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding. d. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United
States District Court for the District of Columbia or the federal district in
which the Commission has its principal offices against a party state that is in
default to enforce compliance with the provisions of this Compact and its
promulgated rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including
reasonable attorneys' fees.
3. The remedies herein shall not be the exclusive remedies of the Commission.
The Commission may pursue any other remedies available under federal or
state law.
ARTICLE X Effective Date, Withdrawal and Amendment a. This Compact shall become effective and binding on the earlier of the date of
legislative enactment of this Compact into law by no fewer than twenty-six
states or December 31, 2018. All party states to this Compact that also were parties
to the prior Nurse Licensure Compact, superseded by this Compact ("Prior
Compact"), shall be deemed to have withdrawn from said Prior Compact within six
(6)months after the effective date of this Compact. b. Each party state to this Compact shall continue to recognize a nurse's multistate
licensure privilege to practice in that party state issued under the Prior Compact
until such party state has withdrawn from the Prior Compact. c. Any party state may withdraw from this Compact by enacting a statute repealing the
same. A party state's withdrawal shall not take effect until six
(6)months after
enactment of the repealing statute. d. A party state's withdrawal or termination shall not affect the continuing requirement
of the withdrawing or terminated state's licensing board to report adverse actions
and significant investigations occurring prior to the effective date of such
withdrawal or termination. e. Nothing contained in this Compact shall be construed to invalidate or prevent any
nurse licensure agreement or other cooperative arrangement between a party state
and a non-party state that is made in accordance with the other provisions of this
Compact. f. This Compact may be amended by the party states. No amendment to this Compact
shall become effective and binding upon the party states unless and until it is
enacted into the laws of all party states. g. Representatives of non-party states to this Compact shall be invited to participate in
the activities of the Commission, on a nonvoting basis, prior to the adoption of this
Compact by all states.
ARTICLE XI Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.
If this Compact shall be held to be contrary to the constitution of any party state, this Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.