§ 5-34.3-10.2. Oversight, dispute resolution, enforcement and department of health obligations. [Expires
January 1, 2027]
(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 where 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 also pursue any other remedies available under federal or state law.
(e) Data collection — Reporting.
(1) Data collection. Commencing in calendar year 2025, Rhode Island employers who employ
registered nurses or licensed practical or vocational nurses shall report to the Rhode
Island department of health ("RIDOH�), not later than January 30 of each year, the
following information and data for the employer, for the period of the immediately
preceding calendar year (the "reporting period�):
(i) The number of new hires of registered nurses during the reporting period;
(ii) The number of new hires of registered nurses who hold multistate licenses and are
not licensed in Rhode Island during the reporting period;
(iii) The number of new hires of licensed practical nurses and vocational nurses during
the reporting period;
(iv) The number of new hires of licensed practical nurses and vocational nurses who hold
multistate licenses and are not licensed in Rhode Island during the reporting period;
(v) The total number of registered nurses employed during the reporting period; and
(vi) The total number of licensed practical nurses and vocational nurses employed during
the reporting period.
(2) Reporting. RIDOH shall annually compile the data received from employers pursuant
to subsection (a)(1) of this section and prepare a report that aggregates the information,
and disaggregated by new hires and retained employees, for registered nurses, licensed
practical nurses, and vocational nurses, from the results of the data collected pursuant
to subsection (e)(1) of this section. This compiled data shall be incorporated into
a report which shall be provided to the governor, the speaker of the house, and the
president of the senate, not later than March 1 of each year, with the first report
due on March 1, 2025.
(f) Nurse license fees. RIDOH shall not increase the amount of any licensing fee for registered
nurses or a licensed practical nurse or vocational nurse, including, but not limited
to, license renewals, for a period of three (3) years commencing on January 1, 2024.