§ 24-60-3802 — Compact approved and ratified

Colorado § 24-60-3802

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Interstate Compacts and Agreements

Text

The general assembly hereby
approves and ratifies, and the governor shall enter into, a compact on behalf of the
state of Colorado with any of the United States or other jurisdictions legally joining
therein in the 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.

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 of 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. 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 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
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 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 shall 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, 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.

5. The Commission may convene in a closed, non-public 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 website 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 website of the Commission; and

2. On the website 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 will be recorded, and a copy will 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 website 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 U.S. 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 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 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 less than twenty-six (26)
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 nonparty 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 nonparty 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.

Legislative History

Source: L. 2018: Entire part added, (SB 18-027), ch. 1, p. 1, � 2, effective January 18.