§ 5-34.3-10. Establishment of the interstate commission of nurse licensure compact administrators.
[Expires January 1, 2027]
(a) The party states hereby create and establish a joint public entity known as the interstate
commission of nurse licensure compact administrators (the "commission�).
(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 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 § 5-34.3-10.1.
(5) The commission may convene in a closed, nonpublic meeting if the commission must discuss:
(i) Noncompliance of a party state with its obligations under this compact;
(ii) The employment, compensation, discipline, or other personnel matters, practices, or
procedures related to specific employees or other matters related to the commission's
internal personnel practices and procedures;
(iii) Current, threatened or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any reports prepared by or on behalf of the commission
for the purpose of investigation of compliance with this compact; or
(x) Matters specifically exempted from disclosure by federal or state statute.
(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's
legal counsel or designee shall certify that the meeting may be closed and shall reference
each relevant exempting provision. The commission shall keep minutes that fully and
clearly describe all matters discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefor, including a description of the
views expressed. All documents considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed meeting shall remain under
seal, subject to release by a majority vote of the commission or order of a court
of competent jurisdiction.
(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or
rules to govern its conduct as may be necessary or appropriate to carry out the purposes
and exercise the powers of this compact, including, but not limited to:
(1) Establishing the fiscal year of the commission;
(2) Providing reasonable standards and procedures:
(i) For the establishment and meetings of other committees; and
(ii) Governing any general or specific delegation of any authority or function of the commission;
(3) Providing reasonable procedures for calling and conducting meetings of the commission,
ensuring reasonable advance notice of all meetings, and providing an opportunity for
attendance of such meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and proprietary information,
including trade secrets. The commission may meet in closed session only after a majority
of the administrators vote to close a meeting in whole or in part. As soon as practicable,
the commission must make public a copy of the vote to close the meeting revealing
the vote of each administrator, with no proxy votes allowed;
(4) Establishing the titles, duties, 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 their 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.