S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6421
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law, in relation  to  enacting  the  nurse
   licensure compact
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 170 of the education law, as renumbered by  chapter
 905 of the laws of 1990, is renumbered article 171 and a new article 170
 is added to title 8 of the education law to read as follows:
                                ARTICLE 170
                          NURSE LICENSURE COMPACT
 SECTION 8900. NURSE LICENSURE COMPACT.
         8901. FINDINGS AND DECLARATION OF PURPOSE.
         8902. DEFINITIONS.
         8903. GENERAL PROVISIONS AND JURISDICTION.
         8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.
         8905. ADDITIONAL  AUTHORITIES  INVESTED IN PARTY STATE LICENSING
                 BOARDS.
         8906. COORDINATED LICENSURE INFORMATION SYSTEM AND  EXCHANGE  OF
                 INFORMATION.
         8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICEN-
                 SURE COMPACT ADMINISTRATORS.
         8908. RULEMAKING.
         8909. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT.
         8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT.
         8911. CONSTRUCTION AND SEVERABILITY.
   § 8900. NURSE  LICENSURE  COMPACT.  THE  NURSE  LICENSE COMPACT AS SET
 FORTH IN THE ARTICLE IS HEREBY ADOPTED AND ENTERED INTO WITH  ALL  PARTY
 STATES JOINING THEREIN.
   § 8901. FINDINGS  AND  DECLARATION OF PURPOSE  1. FINDINGS.  THE PARTY
 STATES FIND THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10548-01-3
              

 A. 6421                             2
 
   A. 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;
   B.  VIOLATIONS  OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
 TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
   C. THE EXPANDED MOBILITY OF NURSES AND THE USE  OF  ADVANCED  COMMUNI-
 CATION  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;
   D.  NEW  PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
 VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
   E. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR  NURSES  PRACTICING
 IN  MULTIPLE  STATES  IS  CUMBERSOME  AND  REDUNDANT FOR BOTH NURSES AND
 STATES; AND
   F. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS  THROUGHOUT  THE  STATES
 PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
   2.  DECLARATION  OF  PURPOSE. THE GENERAL PURPOSES OF THIS COMPACT ARE
 TO:
   A. FACILITATE THE  STATES'  RESPONSIBILITY  TO  PROTECT  THE  PUBLIC'S
 HEALTH AND SAFETY;
   B.  ENSURE  AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
 OF NURSE LICENSURE AND REGULATION;
   C. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN  THE
 AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
   D.  PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
 IN EACH JURISDICTION;
   E. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT-
 ABLE 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;
   F. DECREASE REDUNDANCIES IN THE CONSIDERATION AND  ISSUANCE  OF  NURSE
 LICENSES; AND
   G.  PROVIDE  OPPORTUNITIES  FOR INTERSTATE PRACTICE BY NURSES WHO MEET
 UNIFORM LICENSURE REQUIREMENTS.
   § 8902. DEFINITIONS. 1. DEFINITIONS. AS USED IN THIS COMPACT:
   A. "ADVERSE ACTION" MEANS  ANY  ADMINISTRATIVE,  CIVIL,  EQUITABLE  OR
 CRIMINAL  ACTION  PERMITTED  BY  A  STATE'S  LAWS  WHICH IS IMPOSED BY A
 LICENSING BOARD OR OTHER AUTHORITY AGAINST A  NURSE,  INCLUDING  ACTIONS
 AGAINST  AN  INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH
 AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE,  LIMI-
 TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE
 AFFECTING  A  NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A
 CEASE AND DESIST ACTION.
   B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY  MONITORING  PROGRAM
 APPROVED BY A LICENSING BOARD.
   C.  "COORDINATED  LICENSURE  INFORMATION  SYSTEM"  MEANS AN INTEGRATED
 PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE  LICEN-
 SURE  AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS
 ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND  CONTROLLED  BY
 LICENSING BOARDS.
   D.  "COMMISSION"  MEANS  THE  INTERSTATE COMMISSION OF NURSE LICENSURE
 COMPACT ADMINISTRATORS.
   E. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
   1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A  PRELIMI-
 NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
 TO  RESPOND,  IF  REQUIRED  BY  STATE  LAW, HAS REASON TO BELIEVE IS NOT
 A. 6421                             3
 
 GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
 TION; OR
   2.  INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
 AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY  REGARDLESS  OF  WHETHER
 THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND; OR
   3. ANY INFORMATION CONCERNING A NURSE REPORTED TO A LICENSING BOARD BY
 A  HEALTH  CARE  ENTITY,  HEALTH CARE PROFESSIONAL, OR ANY OTHER PERSON,
 WHICH INDICATES THAT THE NURSE DEMONSTRATED AN IMPAIRMENT, GROSS  INCOM-
 PETENCE, OR UNPROFESSIONAL CONDUCT THAT WOULD PRESENT AN IMMINENT DANGER
 TO A PATIENT OR THE PUBLIC HEALTH, SAFETY, OR WELFARE.
   F.  "ENCUMBRANCE"  MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
 TION ON, THE FULL AND UNRESTRICTED PRACTICE  OF  NURSING  IMPOSED  BY  A
 LICENSING BOARD.
   G.  "HOME  STATE"  MEANS  THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
 STATE OF RESIDENCE.
   H. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
 FOR ISSUING NURSE LICENSES.
   I. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE  AS  A  REGISTERED
 NURSE  (RN)  OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN), WHICH
 IS ISSUED BY A HOME STATE LICENSING  BOARD,  AND  WHICH  AUTHORIZES  THE
 LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICEN-
 SURE PRIVILEGE.
   J.  "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
 CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF  NURSING  AS
 EITHER A RN OR A LPN/VN IN A REMOTE STATE.
   K.  "NURSE"  MEANS  RN  OR  LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH
 PARTY STATE'S PRACTICE LAWS.
   L. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
   M. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
   N. "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.
   O. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
 AND THE DISTRICT OF COLUMBIA.
   P.  "STATE  PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES AND REGU-
 LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING
 PRACTICE, AND CREATE THE METHODS AND GROUNDS  FOR  IMPOSING  DISCIPLINE.
 "STATE PRACTICE LAWS" SHALL NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
 AND  RETAIN  A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE
 HOME STATE.
   § 8903. GENERAL PROVISIONS AND JURISDICTION. 1. 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 PRIVI-
 LEGE, IN EACH PARTY STATE.
   B. A STATE SHALL IMPLEMENT PROCEDURES  FOR  CONSIDERING  THE  CRIMINAL
 HISTORY  RECORDS  OF  APPLICANTS  FOR  AN  INITIAL MULTISTATE LICENSE OR
 LICENSURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE  THE  SUBMISSION
 OF  FINGERPRINTS  OR OTHER BIOMETRIC-BASED INFORMATION BY APPLICANTS FOR
 THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA-
 TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
 FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
 A. 6421                             4

   C. EACH PARTY STATE SHALL REQUIRE ITS LICENSING BOARD TO AUTHORIZE  AN
 APPLICANT  TO  OBTAIN  OR  RETAIN A MULTISTATE LICENSE IN THE HOME STATE
 ONLY IF THE APPLICANT:
   I.  MEETS  THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
 LICENSURE, AND COMPLIES WITH ALL OTHER APPLICABLE STATE LAWS;
   II. (1) HAS GRADUATED OR IS ELIGIBLE  TO  GRADUATE  FROM  A  LICENSING
 BOARD-APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
   (2)  HAS  GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
 PROGRAM THAT HAS BEEN: (A) APPROVED BY THE AUTHORIZED  ACCREDITING  BODY
 IN  THE  APPLICABLE  COUNTRY, AND (B) VERIFIED BY AN INDEPENDENT CREDEN-
 TIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PREL-
 ICENSURE 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  AN 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 FEDER-
 AL 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 MULTI-
 STATE 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  ADMINIS-
 TRATOR  OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
 TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
 FY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
   E. A NURSE PRACTICING IN A PARTY STATE SHALL  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 PRIVI-
 LEGE  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
 A. 6421                             5
 
 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, SHALL MEET  ALL  APPLICABLE  REQUIREMENTS  SET
 FORTH  IN  THIS  ARTICLE  TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME
 STATE.
   II. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
 SET FORTH IN THIS ARTICLE DUE TO A DISQUALIFYING EVENT  OCCURRING  AFTER
 THIS  COMPACT'S  EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A
 MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE  REVOKED
 OR  DEACTIVATED  IN  ACCORDANCE  WITH  APPLICABLE  RULES  ADOPTED BY THE
 COMMISSION.
   § 8904. APPLICATIONS FOR LICENSURE IN A PARTY STATE.  1.  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 APPLI-
 CANT 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 PARTICIPAT-
 ING IN AN ALTERNATIVE PROGRAM.
   B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
 ONLY ONE PARTY STATE AT A TIME.
   C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
 PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME  STATE,
 AND  THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC-
 TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION.
   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 NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED  BY  THE
 PRIOR  HOME  STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN
 THE FORMER HOME STATE.
   § 8905. ADDITIONAL  AUTHORITIES  INVESTED  IN  PARTY  STATE  LICENSING
 BOARDS.  1.  LICENSING  BOARD AUTHORITY. IN ADDITION TO THE OTHER POWERS
 CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO:
   A. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE  LICENSURE  PRIVI-
 LEGE TO PRACTICE WITHIN THAT PARTY STATE.
   I.  ONLY  THE  HOME  STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION
 AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE.
   II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE  HOME  STATE  LICENSING
 BOARD  SHALL  GIVE  THE  SAME  PRIORITY  AND  EFFECT TO REPORTED CONDUCT
 RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH  CONDUCT  HAD  OCCURRED
 WITHIN  THE  HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN
 STATE LAWS TO DETERMINE APPROPRIATE ACTION.
   B. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
 AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
 A. 6421                             6
 
   C. COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES  PRIMARY
 STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS-
 ING  BOARD  SHALL  ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR
 ACTIONS 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.
   D.  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.
   E. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT,  FINGERPRINT
 OR  OTHER  BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI-
 GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER-
 AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL  BACKGROUND  CHECKS
 AND USE THE RESULTS IN MAKING LICENSURE DECISIONS.
   F.  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.
   G.  TAKE  ADVERSE  ACTION  BASED ON THE FACTUAL FINDINGS OF THE REMOTE
 STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES  FOR
 TAKING SUCH ADVERSE ACTION.
   2.  ADVERSE  ACTIONS.  A. 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.
   B.  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.
   § 8906. COORDINATED  LICENSURE  INFORMATION  SYSTEM  AND  EXCHANGE  OF
 INFORMATION.  1.   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 COOR-
 DINATED LICENSURE INFORMATION  SYSTEM,  SHALL  FORMULATE  NECESSARY  AND
 PROPER  PROCEDURES  FOR  THE  IDENTIFICATION, COLLECTION AND EXCHANGE OF
 INFORMATION UNDER THIS COMPACT.
   C. ALL LICENSING BOARDS  SHALL  PROMPTLY  REPORT  TO  THE  COORDINATED
 LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT
 INVESTIGATIVE  INFORMATION, DENIALS OF APPLICATIONS WITH THE REASONS FOR
 A. 6421                             7
 
 SUCH DENIALS AND NURSE PARTICIPATION IN ALTERNATIVE  PROGRAMS  KNOWN  TO
 THE  LICENSING  BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
 NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW.
   D.  CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN
 NONPUBLIC OR CONFIDENTIAL  ALTERNATIVE  PROGRAMS  SHALL  BE  TRANSMITTED
 THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
 LICENSING BOARDS.
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS-
 ING  BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR-
 MATION SYSTEM MAY DESIGNATE INFORMATION THAT  MAY  NOT  BE  SHARED  WITH
 NON-PARTY  STATES  OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
 THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
   F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM  THE  COORDI-
 NATED  LICENSURE  INFORMATION  SYSTEM  BY  A PARTY STATE LICENSING BOARD
 SHALL NOT BE SHARED WITH NON-PARTY 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 INFORMA-
 TION 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.
   I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
 TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
   § 8907. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE  LICENSURE
 COMPACT ADMINISTRATORS.  1. COMMISSION OF NURSE LICENSURE COMPACT ADMIN-
 ISTRATORS.  THE  PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC
 ENTITY KNOWN AS THE INTERSTATE COMMISSION  OF  NURSE  LICENSURE  COMPACT
 ADMINISTRATORS.  THE  COMMISSION  IS  AN  INSTRUMENTALITY  OF  THE PARTY
 STATES.
   2. VENUE. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST  THE
 COMMISSION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPE-
 TENT  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. SOVEREIGN IMMUNITY. NOTHING IN THIS COMPACT SHALL BE  CONSTRUED  TO
 BE A WAIVER OF SOVEREIGN IMMUNITY.
   4. MEMBERSHIP, VOTING AND MEETINGS. A. 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.
   B. 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  COMMIS-
 SION.    AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS
 A. 6421                             8
 
 PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE  FOR  AN  ADMINISTRATOR'S
 PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION.
   C.  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.
   D. ALL MEETINGS SHALL BE OPEN TO THE  PUBLIC,  AND  PUBLIC  NOTICE  OF
 MEETINGS  SHALL  BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
 MAKING PROVISIONS IN SECTION EIGHTY-NINE HUNDRED THREE OF THIS ARTICLE.
   5. CLOSED MEETINGS. A. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUB-
 LIC MEETING IF THE COMMISSION SHALL 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.
   B. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT  TO  THIS
 PARAGRAPH  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:
   I. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
   II. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
   (1) FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
   (2)  GOVERNING  ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
 FUNCTION OF THE COMMISSION;
   III. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING  MEET-
 INGS  OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEET-
 INGS 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  INFORMA-
 A. 6421                             9
 
 TION, 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. NOTWITHSTAND-
 ING 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 COMMIS-
 SION 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.
   6. GENERAL PROVISIONS. A. THE COMMISSION SHALL PUBLISH ITS BYLAWS  AND
 RULES,  AND  ANY AMENDMENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE
 OF THE COMMISSION.
   B. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS  IN  ACCORDANCE
 WITH THE BYLAWS.
   C.  THE  COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
 WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
    7. POWERS OF THE COMMISSION. THE COMMISSION SHALL HAVE THE  FOLLOWING
 POWERS:
   A.  TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN-
 TATION AND ADMINISTRATION OF THIS COMPACT.  THE  RULES  SHALL  HAVE  THE
 FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES;
   B.  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;
   C. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
   D. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
 BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE  OR  NONPROFIT  ORGANIZA-
 TIONS;
   E.  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;
   F.  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  PERSON-
 NEL  POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
 TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
   G. 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  COMMIS-
 SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
   H.  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;
   I.  TO  SELL,  CONVEY,  MORTGAGE,  PLEDGE, LEASE, EXCHANGE, ABANDON OR
 OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
   J. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
   K. TO BORROW MONEY;
 A. 6421                            10
 
   L. 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;
   M. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW
 ENFORCEMENT AGENCIES;
   N. TO ADOPT AND USE AN OFFICIAL SEAL; AND
   O.  TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
 TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE  REGU-
 LATION OF NURSE LICENSURE AND PRACTICE.
   8.  FINANCING  OF  THE  COMMISSION.  A.  THE  COMMISSION SHALL PAY, OR
 PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES  OF  ITS  ESTABLISH-
 MENT, ORGANIZATION AND ONGOING ACTIVITIES.
   B.  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 FORMU-
 LA TO BE DETERMINED BY THE COMMISSION, WHICH  SHALL  PROMULGATE  A  RULE
 THAT IS BINDING UPON ALL PARTY STATES.
   C.  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.
   D. 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.
   9. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. A. THE ADMINISTRA-
 TORS, 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 PROP-
 ERTY  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 THE COMMISSION'S 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.
   B.  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  THE  COMMIS-
 SION'S  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  THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN  SHALL  BE  CONSTRUED  TO
 PROHIBIT THAT PERSON FROM RETAINING HIS OR HER 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.
   C. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR,
 OFFICER,  EXECUTIVE  DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS-
 SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST  THAT
 A. 6421                            11
 
 PERSON  ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
 OCCURRED WITHIN THE SCOPE OF  THE  COMMISSION'S  EMPLOYMENT,  DUTIES  OR
 RESPONSIBILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEV-
 ING  OCCURRED WITHIN THE SCOPE OF THE COMMISSION'S EMPLOYMENT, DUTIES OR
 RESPONSIBILITIES, PROVIDED THAT THE ACTUAL  OR  ALLEGED  ACT,  ERROR  OR
 OMISSION  DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCON-
 DUCT OF THAT PERSON.
   § 8908. RULEMAKING. 1. RULEMAKING. A. THE  COMMISSION  SHALL  EXERCISE
 ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE
 AND  THE  RULES  ADOPTED  THEREUNDER.  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.
   2. NOTICE. A. PRIOR TO PROMULGATION AND ADOPTION OF A  FINAL  RULE  OR
 RULES BY THE COMMISSION, AND AT LEAST SIXTY DAYS IN ADVANCE OF THE MEET-
 ING  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.
   B. 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 WRIT-
 TEN COMMENTS.
   C.  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.
   3. PUBLIC HEARINGS ON RULES. A. THE COMMISSION SHALL GRANT AN OPPORTU-
 NITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT.
   B. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
 ULED PUBLIC HEARING.
   I.  HEARINGS  SHALL BE CONDUCTED 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.
   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.
   C. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED
 WITH PROMULGATION OF THE PROPOSED RULE.
   D. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE  OF  BUSINESS
 ON  THE  SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS-
 SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED.
   4. VOTING ON RULES. THE COMMISSION SHALL,  BY  MAJORITY  VOTE  OF  ALL
 ADMINISTRATORS,  TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETER-
 MINE THE EFFECTIVE DATE OF THE RULE, IF ANY,  BASED  ON  THE  RULEMAKING
 RECORD AND THE FULL TEXT OF THE RULE.
   5.  EMERGENCY  RULES. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE
 COMMISSION MAY CONSIDER  AND  ADOPT  AN  EMERGENCY  RULE  WITHOUT  PRIOR
 A. 6421                            12
 
 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 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:
   A. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
   B. PREVENT A LOSS OF THE COMMISSION OR PARTY STATE FUNDS; OR
   C. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
 IS REQUIRED BY FEDERAL LAW OR RULE.
   6.  REVISIONS.  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 DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED
 ONLY ON GROUNDS THAT THE REVISION RESULTS IN  A  MATERIAL  CHANGE  TO  A
 RULE.    A  CHALLENGE  SHALL  BE  MADE  IN WRITING, AND DELIVERED TO THE
 COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF  NO  CHALLENGE  IS
 MADE,  THE  REVISION  WILL  TAKE  EFFECT  WITHOUT FURTHER ACTION. IF THE
 REVISION IS CHALLENGED, THE REVISION MAY NOT  TAKE  EFFECT  WITHOUT  THE
 APPROVAL OF THE COMMISSION.
   § 8909. OVERSIGHT,  DISPUTE  RESOLUTION AND ENFORCEMENT. 1. OVERSIGHT.
 A. EACH PARTY STATE SHALL ENFORCE THIS  COMPACT  AND  TAKE  ALL  ACTIONS
 NECESSARY  AND  APPROPRIATE  TO  EFFECTUATE  THIS COMPACT'S PURPOSES AND
 INTENT.
   B. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF  PROCESS  IN
 ANY  PROCEEDING  THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
 OF THE COMMISSION, AND SHALL  HAVE  STANDING  TO  INTERVENE  IN  SUCH  A
 PROCEEDING  FOR  ALL  PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
 SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER  VOID
 AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
   2. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. A. IF THE COMMISSION
 DETERMINES  THAT  A  PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS
 OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT  OR  THE  PROMULGATED
 RULES, THE COMMISSION SHALL:
   I.  PROVIDE  WRITTEN  NOTICE  TO  THE DEFAULTING STATE AND OTHER PARTY
 STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS  OF  CURING  THE
 DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
   II.  PROVIDE  REMEDIAL  TRAINING  AND  SPECIFIC  TECHNICAL  ASSISTANCE
 REGARDING THE DEFAULT.
   B. 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  OFFEND-
 ING  STATE  OF  OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
 DEFAULT.
   C. 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.
   D. A STATE WHOSE MEMBERSHIP IN THIS COMPACT  HAS  BEEN  TERMINATED  IS
 RESPONSIBLE  FOR  ALL  ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
 A. 6421                            13
 
 THROUGH THE EFFECTIVE DATE OF TERMINATION,  INCLUDING  OBLIGATIONS  THAT
 EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
   E.  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.
   F. THE DEFAULTING STATE MAY APPEAL THE ACTION  OF  THE  COMMISSION  BY
 PETITIONING  THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
 FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES.  THE
 PREVAILING  PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
 ING REASONABLE ATTORNEYS' FEES.
   3. DISPUTE RESOLUTION. A. UPON REQUEST BY A PARTY STATE,  THE  COMMIS-
 SION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE
 AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES.
   B. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
 AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
   C.  IN  THE  EVENT  THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
 STATES ARISING UNDER THIS COMPACT:
   I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
 PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY  THE  COMPACT
 ADMINISTRATOR  IN  EACH  OF THE AFFECTED PARTY STATES, AND AN INDIVIDUAL
 MUTUALLY AGREED UPON BY THE COMPACT  ADMINISTRATORS  OF  ALL  THE  PARTY
 STATES INVOLVED IN THE DISPUTE.
   II.  THE  DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
 BINDING.
   4. ENFORCEMENT. A. THE COMMISSION, IN THE REASONABLE EXERCISE  OF  ITS
 DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
   B.  BY  MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
 U.S.   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.
   C.  THE  REMEDIES  HEREIN  SHALL  NOT BE THE EXCLUSIVE REMEDIES OF THE
 COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
 FEDERAL OR STATE LAW.
   § 8910. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT. 1.  EFFECTIVE  DATE.
 A.    THIS  COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
 THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW  BY  NO  LESS
 THAN  TWENTY-SIX STATES OR THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 THAT ENACTED THIS COMPACT.  THEREAFTER, THE COMPACT SHALL BECOME  EFFEC-
 TIVE  AND BINDING AS TO ANY OTHER COMPACTING STATE UPON ENACTMENT OF THE
 COMPACT INTO LAW BY THAT STATE. ALL PARTY STATES TO THIS  COMPACT,  THAT
 ALSO  WERE  PARTIES  TO THE PRIOR NURSE LICENSURE COMPACT, SUPERSEDED BY
 THIS COMPACT, (HEREIN REFERRED TO AS "PRIOR COMPACT"), SHALL  BE  DEEMED
 TO  HAVE  WITHDRAWN  FROM SAID PRIOR COMPACT WITHIN SIX MONTHS AFTER THE
 EFFECTIVE DATE OF THIS COMPACT.
   B. EACH PARTY STATE TO THIS COMPACT  SHALL  CONTINUE  TO  RECOGNIZE  A
 NURSE'S  MULTISTATE  LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
 ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
 THE PRIOR COMPACT.
   2. WITHDRAWAL. A. ANY PARTY STATE MAY WITHDRAW FROM  THIS  COMPACT  BY
 ENACTING  A STATUTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL
 A. 6421                            14
 
 NOT TAKE EFFECT UNTIL SIX MONTHS AFTER ENACTMENT OF THE REPEALING  STAT-
 UTE.
   B.  A  PARTY  STATE'S  WITHDRAWAL  OR TERMINATION SHALL NOT AFFECT THE
 CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S  LICENS-
 ING  BOARD  TO  REPORT  ADVERSE  ACTIONS  AND SIGNIFICANT INVESTIGATIONS
 OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
   C. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO  INVALIDATE
 OR  PREVENT  ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
 MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
 ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
   3. AMENDMENT. A. 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.
   B.  REPRESENTATIVES  OF  NON-PARTY  STATES  TO  THIS  COMPACT SHALL BE
 INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT-
 ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES.
   § 8911. CONSTRUCTION AND SEVERABILITY.  1. CONSTRUCTION AND SEVERABIL-
 ITY. 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  TO  BE  INVALID, THE VALIDITY OF THE
 REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO  ANY  GOVERN-
 MENT,  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.
   §  2.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.