§ 33-21-302 — Compact provisions generally

Wyoming § 33-21-302

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 21: NURSES
• Art. 3: ADVANCED PRACTICE REGISTERED NURSE COMPACT

Text

The Advanced Practice Registered Nurse 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 advanced practice registered
nurse (APRN) licensure requirements and the effectiveness of
enforcement activities related to state APRN licensure laws;
(ii) Violations of APRN licensure and other laws
regulating the practice of nursing may result in injury or harm
to the public;
(iii) The expanded mobility of APRNs 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 APRN licensure and
regulation;
(iv) New practice modalities and technology make
compliance with individual state APRN licensure laws difficult
and complex;
(v) The current system of duplicative APRN licensure
for APRNs practicing in multiple states is cumbersome and
redundant for both APRNs and states;
(vi) Uniformity of APRN 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 APRN licensure and regulation, including
promotion of uniform licensure requirements;
(iii) Facilitate the exchange of information between
party states in the areas of APRN regulation, investigation and
adverse actions;
(iv) Promote compliance with the laws governing APRN
practice in each jurisdiction;
(v) Invest all party states with the authority to
hold an APRN 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 APRN licenses; and
(vii) Provide opportunities for interstate practice
by APRNs who meet uniform licensure requirements.
ARTICLE II
Definitions
(a) As used in this compact:
(i) "Advanced practice registered nurse" or "APRN"
means a registered nurse who has gained additional specialized
knowledge, skills and experience through a program of study
recognized or defined by the Interstate Commission of APRN
Compact Administrators ("commission"), and who is licensed to
perform advanced nursing practice. An advanced practice
registered nurse is licensed in an APRN role that is congruent
with an APRN educational program, certification and commission
rules;
(ii) "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
an APRN, 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 an APRN's authorization to practice, including the
issuance of a cease and desist action;
(iii) "Alternative program" means a, nondisciplinary
monitoring program approved by a licensing board;
(iv) "APRN licensure" means the regulatory mechanism
used by a party state to grant legal authority to practice as an
APRN;
(v) "APRN uniform licensure requirements" means
minimum uniform licensure, education and examination
requirements as adopted by the commission;
(vi) "Coordinated licensure information system" means
an integrated process for collecting, storing and sharing
information on APRN licensure and enforcement activities related
to APRN licensure laws that is administered by a nonprofit
organization composed of and controlled by licensing boards;
(vii) "Current significant investigatory information"
means:
(A) Investigative information that a licensing
board, after a preliminary inquiry that includes notification
and an opportunity for the APRN 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 APRN represents an immediate threat to public health
and safety regardless of whether the APRN has been notified and
had an opportunity to respond.
(viii) "Encumbrance" means a revocation or suspension
of, or any limitation on, the full and unrestricted practice of
nursing imposed by a licensing board;
(ix) "Home state" means the party state that is the
APRN's primary state of residence;
(x) "Licensing board" means a party state's
regulatory body responsible for regulating the practice of
advanced practice registered nursing;
(xi) "Multistate license" means an APRN license to
practice as an APRN issued by a home state licensing board that
authorizes the APRN to practice as an APRN in all party states
under a multistate licensure privilege, in the same role and
population focus as the APRN is licensed in the home state;
(xii) "Multistate licensure privilege" means a legal
authorization associated with an APRN multistate license that
permits an APRN to practice as an APRN in a remote state, in the
same role and population focus as the APRN is licensed in the
home state;
(xiii) "Noncontrolled prescription drug" means a
device or drug that is not a controlled substance and is
prohibited under state or federal law from being dispensed
without a prescription. The term includes a device or drug that
bears or is required to bear the legend "caution: federal law
prohibits dispensing without prescription" or "prescription
only" or other legend that complies with federal law;
(xiv) "Party state" means any state that has adopted
this compact;
(xv) "Population focus" means a specific patient
population that is congruent with the APRN educational program,
certification and commission rules;
(xvi) "Prescriptive authority" means the legal
authority to prescribe medications and devices as defined by
party state laws;
(xvii) "Remote state" means a party state that is not
the home state;
(xviii) "Single state license" means an APRN 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;
(xix) "State" means a state, territory or possession
of the United States and the District of Columbia;
(xx) "State practice laws" means a party state's
laws, rules and regulations that govern APRN practice, define
the scope of advanced nursing practice, including prescriptive
authority, and create the methods and grounds for imposing
discipline. State practice laws do not include the requirements
necessary to obtain and retain an APRN license, except for
qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
(a) A state must implement procedures for considering the
criminal history records of applicants for initial APRN
licensure or APRN licensure by endorsement. The procedures shall
include the submission of fingerprints or other biometric based
information by APRN 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.
(b) By rule, the commission shall adopt the APRN uniform
licensure requirements. The uniform licensure requirements shall
provide the minimum requirements for APRN multistate licensure
in party states, provided that the commission may adopt rules
whereby an APRN, with an unencumbered license on the effective
date of this compact, may obtain, by endorsement or otherwise,
and retain a multistate license in a party state.
(c) In order to obtain or retain a multistate license, an
APRN must meet, in addition to the uniform licensure
requirements, the home state's qualifications for licensure or
renewal of licensure, as well as, all other applicable home
state laws.
(d) By rule, the commission shall identify the approved
APRN roles and population foci for licensure as an APRN. An APRN
issued a multistate license shall be licensed in an approved
APRN role and at least one (1) approved population focus.
(e) An APRN multistate license issued by a home state to a
resident in that state will be recognized by each party state as
authorizing the APRN to practice as an APRN in each party state,
under a multistate licensure privilege, in the same role and
population focus as the APRN is licensed in the home state. If
an applicant does not qualify for a multistate license, a single
state license may be issued by a home state.
(f) Issuance of an APRN multistate license shall include
prescriptive authority for noncontrolled prescription drugs,
unless the APRN was licensed by the home state prior to the home
state's adoption of this compact and has not previously held
prescriptive authority. Further:
(i) An APRN granted prescriptive authority for
noncontrolled prescription drugs in the home state may exercise
prescriptive authority for noncontrolled prescription drugs in
any remote state while exercising a multistate licensure
privilege under an APRN multistate license. The APRN shall not
be required to meet any additional eligibility requirements
imposed by the remote state in exercising prescriptive authority
for noncontrolled prescription drugs;
(ii) Prescriptive authority in the home state for an
APRN who was not granted prescriptive authority at the time of
initial licensure by the home state, prior to the adoption of
this compact, shall be determined under home state law;
(iii) Prescriptive authority eligibility for an APRN
holding a single state license shall be determined under the law
of the licensing state.
(g) For each state in which an APRN seeks authority to
prescribe controlled substances, the APRN shall satisfy all
requirements imposed by the state in granting or renewing such
authority.
(h) An APRN issued a multistate license is authorized to
assume responsibility and accountability for patient care
independent of a supervisory or collaborative relationship with
a physician. This authority may be exercised in the home state
and in any remote state in which the APRN exercises a multistate
licensure privilege. For an APRN issued a single state license
in a party state, the requirement for a supervisory or
collaborative relationship with a physician shall be determined
under applicable party state law.
(j) All party states shall be authorized, in accordance
with state due process laws, to take adverse action against an
APRN's multistate licensure privilege such as revocation,
suspension, probation or any other action that affects an APRN's
authorization to practice under a multistate licensure
privilege, including cease and desist actions. If a party state
takes any 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 actions by remote states.
(k) An APRN 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. APRN practice is not
limited to patient care, but shall include all advanced nursing
practice as defined by the state practice laws of the party
state in which the client is located. APRN practice in a party
state under a multistate licensure privilege will subject the
APRN 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.
(m) This compact does not affect additional requirements
imposed by states for advanced practice registered nursing.
However, a multistate licensure privilege to practice registered
nursing granted by a party state shall be recognized by other
party states as satisfying any state law requirement for
registered nurse licensure as a precondition for authorization
to practice as an APRN in that state.
(n) Individuals not residing in a party state shall
continue to be able to apply for a party state's single state
APRN 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 as
an APRN in any other party state.
ARTICLE IV
Applications for APRN Licensure in a Party State
(a) Upon application for an APRN 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 licensed
practical/vocational nursing license, a registered nursing
license or an advanced practice registered nurse 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) An APRN may hold a multistate APRN license, issued by
the home state, in only one (1) party state at a time.
(c) If an APRN changes primary state of residence by
moving between two (2) party states, the APRN must apply for
APRN licensure in the new home state, and the multistate license
issued by the prior home state shall be deactivated in
accordance with applicable commission rules and the following:
(i) The APRN may apply for licensure in advance of a
change in primary state of residence;
(ii) A multistate APRN license shall not be issued by
the new home state until the APRN 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
APRN license from the new home state.
(d) If an APRN changes primary state of residence by
moving from a party state to a nonparty state, the APRN
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 an APRN's multistate
licensure privilege to practice within that party state as
follows:
(A) Only the home state shall have power to take
adverse action against an APRN'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 that occurred outside of the home
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.
(ii) Issue cease and desist orders or impose an
encumbrance on an APRN's authority to practice within that party
state;
(iii) Complete any pending investigations of an APRN
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;
(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 party state licensing board 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 that court's
practice and procedure in considering subpoenas issued in its
own proceedings. The issuing licensing board 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 an APRN licensure
applicant, fingerprints 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 APRN the costs of investigations and
disposition of cases resulting from any adverse action taken
against that APRN; and
(vii) Take adverse action based on the factual
findings of another party state, provided that the licensing
board follows its own procedures for taking the adverse action.
(b) If adverse action is taken by a home state against an
APRN's multistate licensure, the privilege to practice in all
other party states under a multistate licensure privilege shall
be deactivated until all encumbrances have been removed from the
APRN's multistate license. All home state disciplinary orders
that impose adverse action against an APRN's multistate license
shall include a statement that the APRN'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 APRN for the duration of the APRN'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 APRNs, licensed registered
nurses and licensed practical/vocational nurses. This system
will include information on the licensure and disciplinary
history of each APRN, as submitted by party states, to assist in
the coordinated administration of APRN 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 APRN
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 the
information shall be removed 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 information; 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 APRN Compact
Administrators
(a) The party states hereby create and establish a joint
public agency known as the Interstate Commission of APRN 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) 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 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;
(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 for the action,
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 shall 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, 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;
(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 and 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 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 strive to 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 strive to 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 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 other functions as may be necessary
or appropriate to achieve the purposes of this compact
consistent with the state regulation of APRN 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 levy on and collect an annual
assessment from each party state to cover the cost of the
operations and activities of the interstate commission and its
staff which must be in a total amount sufficient to cover its
annual budget as approved each year. The aggregate annual
assessment amount 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 the 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 section shall be construed as
requiring a separate hearing on each rule. Rules may be grouped
for the convenience of the commission at hearings required by
this section.
(h) If no one appears at the public hearing, the
commission may proceed with promulgation of the proposed rule.
(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 such a 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, 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 come into limited effect at the
time the compact has been enacted into law in ten (10) party
states for the sole purpose of establishing and convening the
commission to adopt rules relating to its operation and the APRN
uniform licensure requirements.
(b) On the date of the commission's adoption of the APRN
uniform licensure requirements, all remaining provisions of this
compact, and rules adopted by the commission, shall come into
full force and effect in all party states.
(c) Any state that joins this compact subsequent to the
commission's initial adoption of the APRN uniform licensure
requirements shall be subject to all rules that have been
previously adopted by the commission.
(d) 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.
(e) 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.
(f) Nothing contained in this compact shall be construed
to invalidate or prevent any APRN licensure agreement or other
cooperative arrangement between a party state and a nonparty
state that does not conflict with the provisions of this
compact.
(g) This compact may be amended by the party states. No
amendment to this compact shall become effective and binding
upon any party state until it is enacted into the laws of all
party states.
(h) 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 so as to
effectuate the purposes thereof. The provisions of this compact
shall be severable, and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the
constitution of any party state or of the United States, or if
the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held to be contrary to the constitution of
any party state, this compact shall remain in full force and
effect as to the remaining party states and in full force and
effect as to the party state affected as to all severable
matters.