The Nurse Licensure Compact is hereby enacted and entered into with all
other jurisdictions that legally join in the Compact in the form substantially as the
Compact appears in this section as follows:
Article I. Findings and Declaration of Purpose.
1.
The party states find that:
(a) 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;
(b) Violations of nurse licensure and other laws regulating the practice of
nursing may result in injury or harm to the public;
(c) 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;
(d) New practice modalities and technology make compliance with
individual state nurse licensure laws difficult and complex;
(e) The current system of duplicative licensure for nurses practicing in
multiple states is cumbersome and redundant for both nurses and states; and
(f) Uniformity of nurse licensure requirements throughout the states
promotes public safety and public health benefits.
2.
The general purposes of this Compact are to:
(a) Facilitate the states' responsibility to protect the health and safety of
the public;
(b) Ensure and encourage the cooperation of party states in the areas of
nurse licensure and regulation;
(c) Facilitate the exchange of information between party states in the areas
of nurse regulation, investigation, and adverse actions;
(d) Promote compliance with the laws governing the practice of nursing in
each jurisdiction;
(e) 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;
(f) Decrease redundancies in the consideration and issuance of nurse
licenses; and
(g) Provide opportunities for interstate practice by nurses who meet
uniform licensure requirements.
Article II. Definitions.
3.
As used in this Compact:
(a) "Adverse action" means any administrative, civil, equitable, or criminal
action permitted by a state's laws that 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:
(1) Revocation;
(2) Suspension;
(3) Probation;
(4) Monitoring of the licensee;
(5) A limitation on the licensee's practice;
(6) A cease and desist action; or
(7) Any other encumbrance on licensure affecting a nurse's
authorization to practice.
(b) "Alternative program" means a nondisciplinary monitoring program
approved by a licensing board.
(c) "Commission" means the Interstate Commission of Nurse Licensure
Compact Administrators.
(d) "Compact" means this Nurse Licensure Compact.
(e) "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.
(f) "Current significant investigative information" means investigative
information that:
(1) 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) Indicates that the nurse represents an immediate threat to public
health and safety regardless of whether the nurse has been notified and has had an
opportunity to respond.
(g) "Encumbrance" means a revocation or suspension of, or any limitation
on, the full and unrestricted practice of nursing imposed by a licensing board.
(h) "Home state" means the party state that is the nurse's primary state of
residence.
(i) "Licensing board" means a party state's regulatory body responsible for
issuing nurse licenses.
(j) "Multistate license" means a license to practice as a registered or
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.
(k) "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.
(l) "Nurse" means a registered nurse or RN, a licensed practical nurse or
LPN, or a vocational nurse or VN, as those terms are defined by each party state's
practice laws.
(m) "Party state" means any state that has adopted this Compact.
(n) "Remote state" means a party state, other than the home state.
(o) "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.
(p) "State" means a state, territory, or possession of the United States or
the District of Columbia.
(q) (1) "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.
(2) "State practice laws" does 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.
4.
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.
5.
(a) A party state must implement procedures for considering the criminal
history records of applicants for an initial multistate license or licensure by
endorsement.
(b) The 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.
6.
Each party state shall require the following for an applicant to obtain or retain
a multistate license in the home state:
(a) Meets the home state's qualifications for licensure or renewal of
licensure, as well as all other applicable state laws; and
(b) (1) (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:
1. Has been approved by the authorized accrediting
body in the applicable country; and
2. Has been verified by an independent credentials
review agency to be comparable to a licensing board-approved prelicensure education
program;
(2) If a graduate of a foreign prelicensure education program not
taught in English or if English is not the individual's native language, has
successfully passed an English proficiency examination that includes the components
of reading, speaking, writing, and listening;
(3) Has successfully passed an NCLEX-RN or NCLEX-PN
Examination or recognized predecessor, as applicable;
(4) Is eligible for or holds an active, unencumbered license;
(5) 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;
(6) Has not been convicted or found guilty, or has not entered into an
agreed disposition, of a felony offense under applicable state or federal criminal law;
(7) Has not been convicted or found guilty, or has not entered into an
agreed disposition, of a misdemeanor offense related to the practice of nursing as
determined on a case-by-case basis;
(8) Is not currently enrolled in an alternative program;
(9) Is subject to self-disclosure requirements regarding current
participation in an alternative program; and
(10) Has a valid United States Social Security number.
7.
(a) All party states are authorized, in accordance with existing state due
process laws, to take adverse action against a nurse's multistate licensure privilege.
(b) If a party state takes adverse action, the party state shall promptly
notify the administrator of the coordinated licensure information system.
(c) The administrator of the coordinated licensure information system shall
promptly notify the home state of any adverse action taken by remote states.
8.
(a) 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.
(b) 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.
(c) The practice of nursing in a party state under a multistate licensure
privilege subjects 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.
9.
(a) 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.
(b) The single-state license granted to individuals not residing in a party
state may not be recognized as granting the privilege to practice nursing in any other
party state.
(c) Nothing in this Compact shall affect the requirements established by a
party state for the issuance of a single-state license.
(d) 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 the nurse's home state after this Compact's
effective date must meet all applicable requirements in § 6 of this article to obtain a
multistate license from the new home state; and
(2) A nurse who fails to satisfy the multistate licensure requirements
in § 6 of this article due to a disqualifying event occurring after this Compact's
effective date:
(i) Is ineligible to retain or renew a multistate license; and
(ii) Shall have the nurse's multistate license revoked or
deactivated in accordance with applicable rules adopted by the Commission.
Article IV. Applications for Licensure in a Party State.
10.
(a) Upon application for a multistate license, the licensing board in the
issuing party state shall ascertain, through the coordinated licensure information
system, whether:
(1) The applicant has ever held, or is the holder of, a license issued
by any other state;
(2) There are any encumbrances on any license or multistate
licensure privilege held by the applicant;
(3) Any adverse action has been taken against any license or
multistate licensure privilege held by the applicant; and
(4) 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) (1) If a nurse changes the nurse's home state by moving between two
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.
(2) The nurse may apply for licensure in advance of a change in the
nurse's home state.
(3) A multistate license may not be issued by the new home state
until the nurse provides satisfactory evidence of a change in the nurse's home state
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 the nurse's home state by moving from a party state
to a nonparty 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.
11.
(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;
(2) Complete any pending investigations of a nurse who changes the
nurse's home state during the course of the investigations;
(3) Issue cease and desist orders or impose an encumbrance on a
nurse's authority to practice within that party state;
(4) Take appropriate action based on investigations and shall
promptly report the conclusions of the investigations to the administrator of the
coordinated licensure information system who shall promptly notify the new home
state of any actions;
(5) Issue subpoenas for both hearings and investigations that require
the attendance and testimony of witnesses, as well as the production of evidence;
(6) 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;
(7) 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; and
(8) Take adverse action based on the factual findings of a remote
state, provided that the licensing board follows its own procedures for taking such
adverse action.
(b) Only the home state shall have the power to take adverse action against
a nurse's license issued by the home state.
(c) (1) 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.
(2) 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.
(d) (1) 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) 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.
(3) 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.
(e) (1) 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.
(2) 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.
12.
(a) (1) All party states shall participate in a coordinated licensure
information system of all licensed registered nurses (RNs) and licensed
practical/vocational nurses (LPNs/VNs).
(2) This system shall 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:
(1) Any adverse action;
(2) Any current significant investigative information;
(3) Denials of applications with the reasons for the denials; and
(4) 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 nonparty 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 may not be shared with
nonparty 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:
(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.
13.
(a) (1) The party states hereby create and establish a joint public entity
known as the Interstate Commission of Nurse Licensure Compact Administrators.
(2) The Commission is an instrumentality of the party states.
(3) (i) 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.
(ii) The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in alternative dispute
resolution proceedings.
(4) Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
(b) (1) (i) Each party state shall have and be limited to one
administrator.
(ii) 1. Subject to subsubparagraph 2 of this subparagraph,
the head of the licensing board or designee shall be the administrator of this Compact
for each party state.
2. The Executive Director of the Maryland State Board
of Nursing, or the Executive Director's designee, is the administrator of this Compact
in Maryland.
(iii) Any administrator may be removed or suspended from
office as provided by the law of the state from which the administrator is appointed.
(iv) Any vacancy occurring in the Commission shall be filled in
accordance with the laws of the party state in which the vacancy exists.
(2) (i) Each administrator shall be entitled to only one 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.
(ii) An administrator shall vote in person or by such other
means as provided in the bylaws.
(iii) The bylaws may provide for an administrator's
participation in meetings by telephone or other means of communication.
(3) (i) The Commission shall meet at least once during each
calendar year.
(ii) Additional meetings shall be held as set forth in the bylaws
or rules of the Commission.
(4) Except as provided in paragraph (5) of this subsection, 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.
(5) Subject to paragraph (6) of this subsection, 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 laws.
(6) (i) The Commission may meet in closed session only after a
majority of the administrators vote to close a meeting in whole or in part.
(ii) 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.
(7) (i) If a meeting, or portion of a meeting, is closed in accordance
with paragraphs (5) and (6) of this subsection, the Commission's legal counsel or
designee shall certify that the meeting may be closed and shall reference each
relevant exempting provision.
(ii) 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 for the actions, including a description of
the views expressed.
(iii) All documents considered in connection with an action
shall be identified in the minutes.
(iv) 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, adopt
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:
(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;
(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; 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 in a convenient form on the Web site of the Commission.
(e) 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.
(f) The rules shall have the force and effect of law and shall be binding in
all party states.
(g) The Commission shall maintain its financial records in accordance with
the bylaws.
(h) The Commission shall meet and take any actions that are consistent
with the provisions of this Compact and the bylaws.
(i) The Commission has the following powers:
(1) To promulgate uniform rules to facilitate and coordinate
implementation and administration of this Compact;
(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
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 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 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 composed
of administrators, state nursing regulators, state legislators or their representatives,
consumer representatives, and other 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.
(j) (1) The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization, and ongoing activities.
(2) (i) Subject to subparagraph (ii) of this paragraph, the
Commission may 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
by the Commission each year.
(ii) The aggregate annual assessment amount, if any, shall be
allocated based on a formula to be determined by the Commission, which shall
promulgate a rule that is binding on all party states.
(3) The Commission may not:
(i) Incur obligations of any kind prior to securing the funds
adequate to meet the obligations of the Commission; or
(ii) Pledge the credit of any of the party states, except by, and
with the authority of, the party state.
(4) (i) The Commission shall keep accurate accounts of all
receipts and disbursements.
(ii) Subject to subparagraph (iii) of this paragraph, the receipts
and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws.
(iii) 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.
(k) The Commission shall issue an annual report.
(l) (1) (i) Except as provided in subparagraph (ii) of this paragraph,
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.
(ii) Nothing in subparagraph (i) of this paragraph shall be
construed to protect any person from suit or liability for any damage, loss, injury, or
liability caused by the intentional, willful, or wanton misconduct of that person.
(2) (i) Except as provided in subparagraph (ii) of this paragraph,
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.
(ii) Nothing in subparagraph (i) of this paragraph shall be
construed to:
1. Prohibit a person from retaining the person's own
counsel; or
2. Protect any person from suit or liability for any
damage, loss, injury, or liability caused by the intentional, willful, or wanton
misconduct of that person.
(3) (i) Except as provided in subparagraph (ii) of this paragraph,
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 the person had a reasonable basis for
believing occurred within the scope of Commission employment, duties, or
responsibilities.
(ii) Nothing in subparagraph (i) of this paragraph shall be
construed to protect any person from suit or liability for any damage, loss, injury, or
liability caused by the intentional, willful, or wanton misconduct of that person.
Article VIII. Rulemaking.
14.
(a) (1) The Commission shall exercise its rulemaking powers in
accordance with the criteria in this article and the rules adopted under this article.
(2) Rules and amendments to the rules 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) Before adoption of a final rule or rules by the Commission, and at least
60 days in advance of the meeting at which the rule or rules will be considered and
voted on, 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 party 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
proposed rule or amendment will be considered and voted on;
(2) The text of the proposed rule or amendment, and the reason for
the proposed rule or amendment;
(3) A request for comments on the proposed rule or amendment 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) Before adoption of a proposed rule or amendment, the Commission shall
allow persons to submit written data, facts, opinions, and arguments, which shall be
made available to the public.
(f) Except as provided in subsection (k) of this section, the Commission
shall grant an opportunity for a public hearing before it adopts a rule or an
amendment.
(g) (1) The Commission shall publish the place, time, and date of the
scheduled public hearing.
(2) 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.
(3) All hearings shall be recorded, and a copy shall be made available
on request.
(4) (i) Nothing in this section shall be construed as requiring a
separate hearing on each rule or amendment.
(ii) Rules or amendments 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 adoption of the proposed rule or amendment.
(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:
(1) Take final action on the proposed rule or amendment; and
(2) Determine the effective date of the rule or amendment, if any,
based on the rulemaking record and the full text of the rule or amendment.
(k) (1) On determination that an emergency exists, the Commission may
consider and adopt an emergency rule or amendment without prior notice or an
opportunity for comment or a hearing.
(2) The usual rulemaking procedures provided in this Compact and
in this section shall be retroactively applied to the rule or amendment as soon as
reasonably possible, but in no event later than 90 days after the effective date of the
rule or amendment.
(3) For the purposes of this subsection, an emergency rule is one that
must be adopted immediately in order to:
(i) Meet an imminent threat to public health, safety, or
welfare;
(ii) Prevent a loss of Commission or party state funds; or
(iii) Meet a deadline for the adoption of an administrative rule
that is required by federal law or rule.
(l) (1) The Commission may revise a previously adopted rule or
amendment for purposes of correcting typographical errors, errors in format, errors
in consistency, or grammatical errors.
(2) Public notice of any revisions shall be posted on the Web site of
the Commission.
(3) (i) Subject to subparagraph (ii) of this paragraph, the revision
shall be subject to challenge by any person for a period of 30 days after posting.
(ii) The revision may be challenged only on grounds that the
revision results in a material change to a rule or an amendment.
(iii) A challenge shall be made in writing and delivered to the
Commission before the end of the notice period.
(iv) If no challenge is made, the revision will take effect without
further action.
(v) If the revision is challenged, the revision may not take
effect without the approval of the Commission.
Article IX. Oversight, Dispute Resolution, and Enforcement.
15.
(a) (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:
(i) Be entitled to receive service of process in any proceeding
that may affect the powers, responsibilities, or actions of the Commission; and
(ii) Have standing to intervene in a proceeding for all
purposes.
(3) Failure to provide service of process in a proceeding to the
Commission shall render a judgment or order void as to the Commission, this
Compact, or the adopted rules.
(b) (1) If the Commission determines that a party state has defaulted in
the performance of its obligations or responsibilities under this Compact or the
adopted 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) (i) If a state in default fails to cure the default, the defaulting
state's membership in this Compact may be terminated on 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.
(ii) A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
(3) (i) Termination of membership in this Compact shall be
imposed only after all other means of securing compliance have been exhausted.
(ii) Notice of intent to suspend or terminate shall be given by
the Commission to the governor of the defaulting state, to the executive officer of the
defaulting state's licensing board, and to 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 may 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 on in writing between the Commission and the defaulting state.
(6) (i) The defaulting state may appeal the action of the
Commission by petitioning the U.S. District Court for the District of Columbia or the
federal district in which the Commission has its principal offices.
(ii) The prevailing party shall be awarded all costs of such
litigation, including reasonable attorneys' fees.
(c) (1) On 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 nonparty states.
(2) The Commission shall adopt 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 composed of individuals appointed by the Compact
administrator in each of the affected party states and an individual mutually agreed
on by the Compact administrators of all the party states involved in the dispute; and
(ii) The decision of a majority of the arbitrators shall be final
and binding.
(d) (1) The Commission, in the reasonable exercise of its discretion, shall
enforce the provisions and rules of this Compact.
(2) (i) By majority vote, the Commission may initiate legal action
in the U.S. 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 adopted rules and
bylaws.
(ii) The relief sought may include both injunctive relief and
damages.
(iii) In the event judicial enforcement is necessary, the
prevailing party shall be awarded all costs of such litigation, including reasonable
attorneys' fees.
(3) (i) The remedies provided for in this article may not be the
exclusive remedies of the Commission.
(ii) The Commission may pursue any other remedies available
under federal or state law.
Article X. Effective Date, Withdrawal, and Amendment.
16.
(a) (1) This Compact shall become effective and binding on the earlier of
the date of legislative enactment of this Compact into law by no less than 26 states
or December 31, 2018.
(2) All party states to this Compact that also were parties to the prior
Nurse Multistate Licensure Compact ("Prior Compact"), superseded by this Compact,
shall be deemed to have withdrawn from the Prior Compact within 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) (1) Any party state may withdraw from this Compact by enacting a
statute repealing the Compact.
(2) A party state's withdrawal may not take effect until 6 months
after enactment of the repealing statute.
(d) A party state's withdrawal or termination may not affect the continuing
requirement of the withdrawing or terminated state's licensing board to report
adverse actions and significant investigations occurring before the effective date of
the 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 nonparty state that is made in accordance with the other provisions
of this Compact.
(f) (1) This Compact may be amended by the party states.
(2) An amendment to this Compact may not become effective and
binding on the party states unless and until it is enacted into the laws of all party
states.
(g) Representatives of nonparty states to this Compact shall be invited to
participate in the activities of the Commission, on a nonvoting basis, before the
adoption of this Compact by all states.
Article XI. Construction and Severability.
17.
(a) This Compact shall be liberally construed so as to effectuate the
purposes of the Compact.
(b) 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 may not be affected thereby.
(c) If this Compact is held to be contrary to the constitution of a 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.‹ Prev All Maryland sections Next ›
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