§ 33-21-202 — Compact approved and ratified

Wyoming § 33-21-202

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 21: NURSES
• Art. 2: NURSE LICENSURE COMPACT

Text

The Nurse Licensure Compact is enacted into law and entered into
on behalf of this state with all other states legally joining in
the compact in a form substantially as follows:
ARTICLE I
Findings and Declaration of Purpose
(a) The party states find that:
(i) 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;
(ii) Violations of nurse licensure and other laws
regulating the practice of nursing may result in injury or harm
to the public;
(iii) 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;
(iv) New practice modalities and technology make
compliance with individual state nurse licensure laws difficult
and complex;
(v) The current system of duplicative licensure for
nurses practicing in multiple states is cumbersome and redundant
for both nurses and states; and
(vi) Uniformity of nurse licensure requirements
throughout the states promotes public safety and public health
benefits.
(b) The general purposes of this compact are to:
(i) Facilitate the states' responsibility to protect
the public's health and safety;
(ii) Ensure and encourage the cooperation of party
states in the areas of nurse licensure and regulation;
(iii) Facilitate the exchange of information between
party states in the areas of nurse regulation, investigation and
adverse actions;
(iv) Promote compliance with the laws governing the
practice of nursing in each jurisdiction;
(v) 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;
(vi) Decrease redundancies in the consideration and
issuance of nurse licenses; and
(vii) Provide opportunities for interstate practice
by nurses who meet uniform licensure requirements.
ARTICLE II
Definitions
(a) As used in this compact:
(i) "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;
(ii) "Alternative program" means a nondisciplinary
monitoring program approved by a licensing board;
(iii) "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;
(iv) "Current significant investigative information"
means:
(A) 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
(B) 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.
(v) "Encumbrance" means a revocation or suspension
of, or any limitation on, the full and unrestricted practice of
nursing imposed by a licensing board;
(vi) "Home state" means the party state which is the
nurse's primary state of residence;
(vii) "Licensing board" means a party state's
regulatory body responsible for issuing nurse licenses;
(viii) "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;
(ix) "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;
(x) "Nurse" means RN or LPN/VN, as those terms are
defined by each party state's practice laws;
(xi) "Party state" means any state that has adopted
this compact;
(xii) "Remote state" means a party state, other than
the home state;
(xiii) "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;
(xiv) "State" means a state, territory or possession
of the United States and the District of Columbia;
(xv) "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. The procedures shall
include the submission of fingerprints or other biometric-based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the federal
bureau of investigation and the agency responsible for retaining
that state's criminal records.
(c) Each party state shall require the following for an
applicant to obtain or retain a multistate license in the home
state:
(i) Meets the home state's qualifications for
licensure or renewal of licensure, as well as, all other
applicable state laws;
(ii) Has graduated or is eligible to graduate from a
licensing board approved RN or LPN/VN prelicensure education
program or 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.
(iii) 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;
(iv) Has successfully passed the NCLEX-RN® or
NCLEX-PN® Examination or recognized predecessor, as applicable;
(v) Is eligible for or holds an active, unencumbered
license;
(vi) 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;
(vii) 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;
(viii) 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;
(ix) Is not currently enrolled in an alternative
program;
(x) Is subject to self-disclosure requirements
regarding current participation in an alternative program; and
(xi) 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:
(i) 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;
(ii) 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 participating in an
alternative program.
(b) A nurse may hold a multistate license, issued by the
home state, in only one (1) party state at a time.
(c) If a nurse changes primary state of residence by
moving between two (2) 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. Further:
(i) The nurse may apply for licensure in advance of a
change in primary state of residence;
(ii) 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 nonparty state, the multistate
license issued by the prior home state will convert to a single
state license, valid only in the former home state.
ARTICLE V
Additional Authorities Invested in Party State Licensing Boards
(a) In addition to the other powers conferred by state
law, a licensing board shall have the authority to:
(i) Take adverse action against a nurse's multistate
licensure privilege to practice within that party state as
follows:
(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 the conduct had occurred within the home state. In so
doing, the home state shall apply its own state laws to
determine appropriate action.
(ii) Issue cease and desist orders or impose an
encumbrance on a nurse's authority to practice within that party
state;
(iii) 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 the 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;
(iv) 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;
(v) 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;
(vi) 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;
(vii) Take adverse action based on the factual
findings of the remote state, provided that the licensing board
follows its own procedures for taking the 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, including the reasons for such denials, and nurse
participation in alternative programs known to the licensing
board regardless of whether the 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:
(i) Identifying information;
(ii) Licensure data;
(iii) Information related to alternative program
participation; and
(iv) Other information that may facilitate the
administration of this compact, as determined by commission
rules.
(j) 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, in accordance with the
following:
(i) The commission is an instrumentality of the party
states;
(ii) 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;
(iii) Nothing in this compact shall be construed to
be a waiver of sovereign immunity.
(b) The membership, voting and meetings of the commission
shall be as follows:
(i) Each party state shall have and be limited to one
(1) 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;
(ii) 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 any 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;
(iii) 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;
(iv) 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;
(v) The commission may convene in a closed, nonpublic
meeting if the commission must discuss:
(A) Noncompliance of a party state with its
obligations under this compact;
(B) 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;
(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;
(J) 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
(K) Matters specifically exempted from
disclosure by federal or state statute.
(vi) If a meeting, or portion of a meeting, is closed
pursuant to this subsection, 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, including a
description of the views expressed. All documents considered in
connection with an action shall be identified in the 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:
(i) Establishing the fiscal year of the commission;
(ii) Providing reasonable standards and procedures:
(A) For the establishment and meetings of other
committees; and
(B) Governing any general or specific delegation
of any authority or function of the commission.
(iii) 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 the 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;
(iv) Establishing the titles, duties and authority
and reasonable procedures for the election of the officers of
the commission;
(v) 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
(vi) Providing a mechanism for winding up the
operations of the commission and the equitable disposition of
any surplus funds that may exist after the termination of this
compact after the payment or reserving of all of its debts and
obligations.
(d) The commission shall publish its bylaws and rules, and
any amendments, in a convenient form on the 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:
(i) 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;
(ii) 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;
(iii) To purchase and maintain insurance and bonds;
(iv) To borrow, accept or contract for services of
personnel, including, but not limited to, employees of a party
state or nonprofit organizations;
(v) 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;
(vi) To hire employees, elect or appoint officers,
fix compensation, define duties, grant 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;
(vii) 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. At all
times the commission shall avoid any appearance of impropriety
or conflict of interest;
(viii) To lease, purchase, accept appropriate gifts
or donations of, or otherwise to own, hold, improve or use, any
property, whether real, personal or mixed. At all times the
commission shall avoid any appearance of impropriety;
(ix) To sell, convey, mortgage, pledge, lease,
exchange, abandon or otherwise dispose of any property, whether
real, personal or mixed;
(x) To establish a budget and make expenditures;
(xi) To borrow money;
(xii) To appoint committees, including advisory
committees comprised of administrators, state nursing
regulators, state legislators or their representatives, consumer
representatives and other such interested persons;
(xiii) To provide and receive information from, and
to cooperate with, law enforcement agencies;
(xiv) To adopt and use an official seal; and
(xv) 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 shall be as follows:
(i) The commission shall pay, or provide for the
payment of, the reasonable expenses of its establishment,
organization and ongoing activities;
(ii) 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;
(iii) The commission shall not incur obligations of
any kind prior to securing adequate funding. Nor shall the
commission pledge the credit of any of the party states, except
by, and with the authority of, the party state;
(iv) 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.
(j) Qualified immunity, defense and indemnification of the
commission shall be as follows:
(i) 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. Nothing in
this paragraph shall be construed to protect any person from
suit or liability for any damage, loss, injury or liability
caused by the intentional, willful or wanton misconduct of that
person;
(ii) 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 the actual or alleged act, error or omission did
not result from that person's intentional, willful or wanton
misconduct. Nothing in this paragraph shall be construed to
prohibit that person from retaining his own counsel;
(iii) 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 any
adopted rules. 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:
(i) On the website of the commission; and
(ii) 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:
(i) The proposed time, date and location of the
meeting in which the rule will be considered and voted upon;
(ii) The text of the proposed rule or amendment and
the reason for the proposed rule;
(iii) A request for comments on the proposed rule
from any interested person; and
(iv) 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. Hearings shall be conducted as
follows:
(i) 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; and
(ii) 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 section.
(h) If no one appears at the public hearing, the
commission may proceed with promulgation of the proposed rule.
(j) 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.
(k) 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.
(m) 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:
(i) Meet an imminent threat to public health, safety
or welfare;
(ii) Prevent a loss of commission or party state
funds; or
(iii) Meet a deadline for the promulgation of an
administrative rule that is required by federal law or rule.
(n) 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 shall not
take effect without the approval of the commission.
ARTICLE IX
Oversight, Dispute Resolution and Enforcement
(a) Oversight of the compact shall be as follows:
(i) Each party state shall enforce this compact and
take all actions necessary and appropriate to effectuate this
compact's purposes and intent;
(ii) 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 any proceeding for all purposes related
to this compact. Failure to provide service of process in any
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 shall be
as follows:
(i) 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:
(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; and
(B) Provide remedial training and specific
technical assistance regarding the default.
(ii) 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;
(iii) 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;
(iv) 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;
(v) 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;
(vi) 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 litigation, including reasonable
attorneys' fees.
(c) Dispute resolution of the compact shall be as follows:
(i) 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 nonparty states;
(ii) The commission shall promulgate a rule providing
for both mediation and binding dispute resolution for disputes,
as appropriate;
(iii) 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 of the compact shall be as follows:
(i) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact;
(ii) 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;
(iii) The remedies provided in this subsection 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
shall be deemed to have withdrawn from the prior Nurse Licensure
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 the withdrawal or termination.
(e) Nothing contained in this compact shall be construed
to invalidate or prevent any nurse licensure agreement or other
cooperative arrangement between a party state and a nonparty
state that is made in accordance with the other provisions of
this compact.
(f) 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
(a) This compact shall be liberally construed to
effectuate its purposes. 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
of the compact to any government, agency, person or circumstance
is held invalid, the validity of the remainder of this compact
and its applicability to any government, agency, person or
circumstance shall not be affected. If this compact is 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.