§ 152E.1 — Form of compact

Iowa § 152E.1

• Jurisdiction: Iowa
• Title IV: PUBLIC HEALTH
• Ch. 152E: NURSE AND ADVANCED PRACTICE REGISTERED NURSE LICENSURE COMPACTS

Text

1. 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.
(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.
(7) Provide opportunities for interstate practice by nurses who meet uniform licensure
requirements.
2. 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 nondisciplinary 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 either of the following:
(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,
§152E.1, NURSE LICENSURE COMPACTS 2
has reason to believe is not groundless and, if proved true, would indicate more than a minor
infraction.
(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
or vocational nurse 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 or a licensed practical
or vocational nurse in a remote state.
j. “Nurse” means a registered nurse or licensed practical or vocational nurse, 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” does not include the initial qualifications for
licensure or requirements necessary to obtain and retain a license, except for qualifications
or requirements of the home state.
3. Article III — General provisions and jurisdiction.
a. A multistate license to practice registered or licensed practical or 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 or as a licensed practical or vocational
nurse, 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 all of 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) Either of the following:
(a) Has graduated or is eligible to graduate from a licensing board-approved registered
nurse or licensed practical or vocational nurse prelicensure education program.
(b) Hasgraduatedfromaforeignregisterednurseorlicensedpracticalorvocationalnurse
prelicensure program that meets both of the following requirements:
(i) Has been approved by the authorized accrediting body in the applicable country.
(ii) Has been verified by an independent credentials review agency to be comparable to a
licensing board-approved prelicensure education program.
(3) Has, ifagraduateofaforeignprelicensureeducationprogramnottaughtinEnglishor
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 a national council licensure examination — registered nurse
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or national council licensure examination — practical nurse 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.
(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 requirements in article III, paragraph “c”, to obtain a multistate
license from a new home state.
(2) A nurse who fails to satisfy the multistate licensure requirements in article III,
paragraph “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 commission.
4. 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
anyadverseactionhasbeentakenagainstanylicenseormultistatelicensureprivilegeheldby
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 party states, the
nurse must apply for licensure in the new home state, and the multistate license issued by
§152E.1, NURSE LICENSURE COMPACTS 4
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 the 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. Ifanursechangesprimarystateofresidencebymovingfromapartystatetoanonparty
state,themultistatelicenseissuedbythepriorhomestatewillconverttoasingle-statelicense,
valid only in the former home state.
5. 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 do all of the following:
(1) Take adverse action against a nurse’s multistate licensure privilege to practice within
that party state.
(a) Only the home state shall have the power to take adverse action against a nurse’s
license issued by the home state.
(b) 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 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.
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6. 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 and licensed practical or vocational nurses. 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. Notwithstandinganyotherprovisionoflaw,allpartystatelicensingboardscontributing
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 but not be limited to the
following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program participation.
(4) Other information that may facilitate the administration of this compact, as
determined by commission rules.
i. Thecompactadministratorofapartystateshallprovideallinvestigativedocumentsand
information requested by another party state.
7. Article VII — Establishment of the interstate commission of nurse licensure compact
administrators.
a. Thepartystatesherebycreateandestablishajointpublicentityknownastheinterstate
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 vote with regard to the promulgation of
rules and creation of bylaws and shall otherwise have an opportunity to participate in the
§152E.1, NURSE LICENSURE COMPACTS 6
businessandaffairsofthecommission. Anadministratorshallvoteinpersonorbysuchother
meansasprovidedinthebylaws. Thebylawsmayprovideforanadministrator’sparticipation
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, nonpublic meeting if the commission must
discuss any of the following:
(a) Noncompliance of a party state with its obligations under this compact.
(b) The employment, compensation, discipline, or other personnel matters, practices, or
proceduresrelatedtospecificemployeesorothermattersrelatedtothecommission’sinternal
personnel practices and procedures.
(c) Current, threatened, or reasonably anticipated litigation.
(d) Negotiation of contracts for the purchase or sale of goods, services, or real estate.
(e) Accusing any person of a crime or formally censuring any person.
(f) Disclosure of trade secrets or commercial or financial information that is privileged or
confidential.
(g) Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy.
(h) Disclosure of investigatory records compiled for law enforcement purposes.
(i) 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.
(j) 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 any of the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures for both of the following:
(a) The establishment and meetings of other committees.
(b) 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) Establishingthetitles,duties,andauthorityandreasonableproceduresfortheelection
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.
(6) Providing a mechanism for winding up the operations of the commission and the
7 NURSE LICENSURE COMPACTS, §152E.1
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 internet 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.
(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
§152E.1, NURSE LICENSURE COMPACTS 8
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified 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 “i” 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 the person’s 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.
8. Article VIII — Rulemaking.
a. The commission shall exercise its rulemaking powers pursuant to the criteria set forth
inthisarticleandtherulesadoptedthereunder. Rulesandamendmentsshallbecomebinding
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 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 on the internet site of the
commission and on the internet 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 all of the following:
(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.
(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
9 NURSE LICENSURE COMPACTS, §152E.1
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 article 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
article.
h. Ifnooneappearsatthepublichearing,thecommissionmayproceedwithpromulgation
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 article shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
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 do any of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or party state funds.
(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 internet site of the
commission. The revision shall be subject to challenge by any person for a period of thirty
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.
9. 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
tointerveneinsuchaproceedingforallpurposes. Failuretoprovideserviceofprocessinsuch
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 do both of the following:
(a) 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.
(b) 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) Terminationofmembershipinthiscompactshallbeimposedonlyafterallothermeans
of securing compliance have been exhausted. Notice of intent to suspend or terminate shall
§152E.1, NURSE LICENSURE COMPACTS 10
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) Uponrequestbyapartystate, thecommissionshallattempttoresolvedisputesrelated
to the compact that arise among party states and between party and nonparty 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:
(a) 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.
(b) 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.
10. 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 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, shall be deemed to have withdrawn from said prior compact
within six 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 nurse licensure
compact until such party state has withdrawn from the prior nurse licensure 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 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
11 NURSE LICENSURE COMPACTS, §152E.3
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.
11. Article XI — Construction and severability.
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisionsofthiscompactshallbeseverable, andifanyphrase, clause, sentence, orprovision
ofthiscompactisdeclaredtobecontrarytotheconstitutionofanypartystateoroftheUnited
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.