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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 03, 2024 |
referred to higher education |
| May 12, 2023 |
referred to higher education |
Senate Bill S6873
2023-2024 Legislative Session
Enacts the interstate nurse licensure compact and the advanced practice registered nurse compact
download bill text pdfSponsored By
(R, C, IP) 62nd Senate District
Current Bill Status - In Senate Committee Higher Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C) 57th Senate District
(R, C) 60th Senate District
(R, C, IP) 45th Senate District
2023-S6873 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7946
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add §§6912 & 6913, Ed L
2023-S6873 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6873
SPONSOR: ORTT
TITLE OF BILL:
An act to amend the education law, in relation to adopting the inter-
state nurse licensure compact (Part A); and to amend the education law,
in relation to adopting the advanced practice registered nurse compact
(Part B)
PURPOSE OR GENERAL IDEA OF BILL:
Enacts the interstate nurse licensure compact and the advanced practice
registered nurse compact.
SUMMARY OF PROVISIONS:
Section 1. This act enacts into law components of legislation relating
to enacting the interstate nurse licensure compact and the advanced
practice registered nurse compact.
Part A: The education law is amended by adding a new section 6912 to
read as follows: 6912. Interstate nurse licensure compact. The inter- state nurse licensure compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Part B. The education law is amended by adding a new section 6913 to read as follows: 6913. Advanced Practice Registered Nurse Compact. The advanced practice registered nurse compact is hereby enacted into law and entered into with all jurisdictions legally joining therein. Section two establishes the severability clause. Section three states the effective date. JUSTIFICATION: The Office of the Deputy under Secretary of Defense recommends this legislation for the Military Community and Family Policy as part of their top ten priorities for States, which are important for the quality of life issues for service members and families. New York is behind when it comes to the adoption of these licensing requirements. Inconsisten- cies between states and the lack of portable employment opportunities hinder military spouses' career growth. The anticipated outcome is that states provide alternative certifications, and enhance the licensing procedures so that it fits the needs of working military families. New York can achieve this by providing education and training opportunities, reciprocal licensing agreements, and out-of-state licensing recognition. This would ensure that military spouses are able to practice their profession across state lines. According to the United States Depart- ment of Defense-State Liaison Office, this legislation aligns with the 'best practices' language that is given by the Department of Defense to partner with States to support military families. Uniformity of nurse licensure requirements and APRN licensure require- ments throughout the states promotes public safety and public health benefits. As well as providing a mechanism to increase access to care. PRIOR LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the applicable effective date of Parts A through B of this act shall be as specifically set forth in the last section of such Parts.
2023-S6873 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6873
2023-2024 Regular Sessions
I N S E N A T E
May 12, 2023
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education
AN ACT to amend the education law, in relation to adopting the inter-
state nurse licensure compact (Part A); and to amend the education
law, in relation to adopting the advanced practice registered nurse
compact (Part B)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law components of legislation relating
to enacting the interstate nurse licensure compact and the advanced
practice registered nurse compact. Each component is wholly contained
within a Part identified as Parts A through B. The effective date for
each particular provision contained within such Part is set forth in the
last section of such Part. Any provision in any section contained within
a Part, including the effective date of the Part, which makes reference
to a section "of this act", when used in connection with that particular
component, shall be deemed to mean and refer to the corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.
PART A
Section 1. The education law is amended by adding a new section 6912
to read as follows:
§ 6912. INTERSTATE NURSE LICENSURE COMPACT. THE INTERSTATE NURSE
LICENSURE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL
JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
FOLLOWS:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11345-01-3
S. 6873 2
INTERSTATE NURSE LICENSURE COMPACT
ARTICLE I.
FINDINGS AND DECLARATION OF PURPOSE
A. THE PARTY STATES FIND THAT:
1. 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;
2. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
3. 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;
4. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX;
5. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR BOTH NURSES AND
STATES; AND
6. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES
PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS.
B. THE GENERAL PURPOSES OF THIS COMPACT ARE TO:
1. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
2. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
3. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
4. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
IN EACH JURISDICTION;
5. 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;
6. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF NURSE
LICENSES; AND
7. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY NURSES WHO MEET
UNIFORM LICENSURE REQUIREMENTS.
ARTICLE II.
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
S. 6873 3
ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
LICENSING BOARDS.
D. "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
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.
E. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
LICENSING BOARD.
F. "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
STATE OF RESIDENCE.
G. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
FOR ISSUING NURSE LICENSES.
H. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE AS A REGISTERED OR
A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN) ISSUED BY A HOME STATE
LICENSING BOARD THAT AUTHORIZES THE LICENSED NURSE TO PRACTICE IN ALL
PARTY STATES UNDER A MULTISTATE LICENSURE PRIVILEGE.
I. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS
EITHER A REGISTERED NURSE (RN) OR LPN/VN IN A REMOTE STATE.
J. "NURSE" MEANS RN OR LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH
PARTY STATE'S PRACTICE LAWS.
K. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
L. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE.
M. "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.
N. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
AND THE DISTRICT OF COLUMBIA.
O. "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" DO NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN
AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE
HOME STATE.
ARTICLE III.
GENERAL PROVISIONS AND JURISDICTION
A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED
PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN
THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE
TO PRACTICE AS A REGISTERED NURSE (RN) OR AS A LICENSED
PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI-
LEGE, IN EACH PARTY STATE.
B. A STATE MUST IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL
HISTORY RECORDS OF APPLICANTS FOR INITIAL MULTISTATE LICENSE OR LICEN-
SURE 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 INFORMATION
S. 6873 4
FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR
RETAINING THAT STATE'S CRIMINAL RECORDS.
C. EACH PARTY STATE SHALL REQUIRE THE FOLLOWING FOR AN APPLICANT TO
OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE:
1. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
LICENSURE, AS WELL AS, ALL OTHER APPLICABLE STATE LAWS;
2. I. HAS GRADUATED OR IS ELIGIBLE TO GRADUATE FROM A LICENSING BOARD-
APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR
II. HAS GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION
PROGRAM THAT (A) HAS BEEN APPROVED BY THE AUTHORIZED ACCREDITING BODY IN
THE APPLICABLE COUNTRY AND (B) HAS BEEN VERIFIED BY AN INDEPENDENT
CREDENTIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED
PRELICENSURE EDUCATION PROGRAM;
3. 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;
4. HAS SUCCESSFULLY PASSED AN NCLEX-RN OR NCLEX-PN EXAMINATION OR
RECOGNIZED PREDECESSOR, AS APPLICABLE;
5. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE;
6. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL LICEN-
SURE 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;
7. 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;
8. 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;
9. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
10. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT
PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
11. 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 ADMIN-
ISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINIS-
TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY
NOTIFY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
E. A NURSE PRACTICING IN A PARTY STATE MUST COMPLY WITH THE STATE
PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME
SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT
CARE, BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY THE STATE
PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE
PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE 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
S. 6873 5
THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO
PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL
AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF
A SINGLE-STATE LICENSE.
G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE
DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED
BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT:
1. A NURSE, WHO CHANGES PRIMARY STATE OF RESIDENCE AFTER THIS
COMPACT'S EFFECTIVE DATE, MUST MEET ALL APPLICABLE REQUIREMENTS OF
SUBDIVISION C OF THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE FROM A NEW
HOME STATE.
2. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS
IN SUBDIVISION C OF THIS ARTICLE. DUE TO A DISQUALIFYING EVENT OCCUR-
RING AFTER THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN
OR RENEW A MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL
BE REVOKED OR DEACTIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY
THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS
("COMMISSION").
ARTICLE IV.
APPLICATIONS FOR LICENSURE IN A PARTY STATE
A. UPON APPLICATION FOR A MULTISTATE LICENSE, THE LICENSING BOARD IN
THE ISSUING PARTY STATE SHALL ASCERTAIN, THROUGH THE COORDINATED LICEN-
SURE INFORMATION SYSTEM, WHETHER THE APPLICANT HAS EVER HELD, OR IS THE
HOLDER OF, A LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY
ENCUMBRANCES ON ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY
THE APPLICANT, WHETHER ANY ADVERSE ACTION HAS BEEN TAKEN AGAINST ANY
LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY THE APPLICANT AND
WHETHER THE APPLICANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE
PROGRAM.
B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN
ONLY ONE 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.
1. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE.
2. 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.
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:
1. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE WITHIN THAT PARTY STATE.
S. 6873 6
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.
2. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S
AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
3. 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(S)
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.
4. 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.
5. 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.
6. 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.
7. 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.
B. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A NURSE'S
MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRAC-
TICE IN ALL OTHER PARTY STATES SHALL BE DEACTIVATED UNTIL ALL ENCUM-
BRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE. ALL HOME STATE
DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A NURSE'S MULTI-
STATE LICENSE SHALL INCLUDE A STATEMENT THAT THE NURSE'S MULTISTATE
LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING THE
PENDENCY OF THE ORDER.
C. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE
MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE
FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM.
ARTICLE VI.
COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION
A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED LICENSURE
INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND LICENSED
S. 6873 7
PRACTICAL/VOCATIONAL NURSES (LPNS/VNS). THIS SYSTEM WILL INCLUDE INFOR-
MATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH NURSE, AS
SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF NURSE LICEN-
SURE 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
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:
1. IDENTIFYING INFORMATION;
2. LICENSURE DATA;
3. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND
4. 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.
ARTICLE VII.
ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS
A. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC ENTITY
KNOWN AS THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINIS-
TRATORS.
1. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY STATES.
2. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
SION 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
S. 6873 8
IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
PROCEEDINGS.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
EIGN IMMUNITY.
B. MEMBERSHIP, VOTING AND MEETINGS.
1. EACH PARTY STATE SHALL HAVE AND BE LIMITED TO ONE ADMINISTRATOR.
THE HEAD OF THE STATE LICENSING BOARD OR DESIGNEE SHALL BE THE ADMINIS-
TRATOR OF THIS COMPACT FOR EACH PARTY STATE. ANY ADMINISTRATOR MAY BE
REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY THE LAW OF THE STATE
FROM WHICH THE ADMINISTRATOR IS APPOINTED. ANY VACANCY OCCURRING IN THE
COMMISSION SHALL BE FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY
STATE IN WHICH THE VACANCY EXISTS.
2. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE (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.
3. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
THE COMMISSION.
4. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN ARTICLE VIII OF THIS COMPACT.
5. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUBLIC MEETING IF THE
COMMISSION MUST DISCUSS:
I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS
COMPACT;
II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION;
IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
WITH THIS COMPACT; OR
X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE
STATUTE.
6. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
S. 6873 9
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS,
PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
COMPACT, INCLUDING BUT NOT LIMITED TO:
1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
2. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
I. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
II. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS
AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY INTER-
ESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
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;
4. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE PROCE-
DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. 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
6. 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.
D. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND RULES, AND ANY AMEND-
MENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE OF THE COMMISSION.
E. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS.
F. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
G. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
1. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE 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;
2. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING,
BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
TIONS;
5. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE
COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER
RESOURCES;
6. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
S. 6873 10
NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
7. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE,
UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST;
8. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL,
PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID
ANY APPEARANCE OF IMPROPRIETY;
9. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
10. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
11. TO BORROW MONEY;
12. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR
REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
PERSONS;
13. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH,
LAW ENFORCEMENT AGENCIES;
14. TO ADOPT AND USE AN OFFICIAL SEAL; AND
15. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE
TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU-
LATION OF NURSE LICENSURE AND PRACTICE.
H. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE
REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING
ACTIVITIES.
2. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES
AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
THAT IS BINDING UPON ALL PARTY STATES.
3. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
AUTHORITY OF, SUCH PARTY STATE.
4. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL
BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
I. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION.
1. THE ADMINISTRATORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND
REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABIL-
ITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL-
ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM
S. 6873 11
SUIT OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY
THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
2. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL
ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION
EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM
THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN
THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM
RETAINING 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.
3. 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
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, 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 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.
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:
1. ON THE WEBSITE OF THE COMMISSION; AND
2. 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:
1. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
PROPOSED RULE;
3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
4. 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.
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.
S. 6873 12
G. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED-
ULED PUBLIC HEARING.
1. 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.
2. 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.
I. 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.
J. 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.
K. 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:
1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
2. PREVENT A LOSS OF COMMISSION OR PARTY STATE FUNDS; OR
3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS REQUIRED BY FEDERAL LAW OR RULE.
L. 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 MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE
COMMISSION.
ARTICLE IX.
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. OVERSIGHT.
1. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND
INTENT.
2. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN
SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID
AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES.
S. 6873 13
B. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A PARTY STATE HAS DEFAULTED IN
THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND-
ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
3. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES.
4. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS
RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT
EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
5. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN
TERMINATED UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
DEFAULTING STATE.
6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEYS' FEES.
C. DISPUTE RESOLUTION.
1. UPON REQUEST BY A PARTY STATE, THE COMMISSION SHALL ATTEMPT TO
RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG PARTY STATES
AND BETWEEN PARTY AND NON-PARTY STATES.
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
3. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
STATES ARISING UNDER THIS COMPACT:
I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT
ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES AND AN INDIVIDUAL
MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY
STATES INVOLVED IN THE DISPUTE.
II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
D. ENFORCEMENT.
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT
IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A PARTY STATE
THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS
S. 6873 14
COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY
INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL
ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL
COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES.
3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE
COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER
FEDERAL OR STATE LAW.
ARTICLE X.
EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
A. THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF
THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS
THAN TWENTY-SIX (26) STATES OR DECEMBER 31, 2018. ALL PARTY STATES TO
THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICENSURE
COMPACT, SUPERSEDED BY THIS COMPACT, ("PRIOR COMPACT"), SHALL BE DEEMED
TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT WITHIN SIX (6) MONTHS AFTER
THE EFFECTIVE DATE OF THIS COMPACT.
B. EACH PARTY STATE TO THIS COMPACT SHALL CONTINUE TO RECOGNIZE A
NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE
ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM
THE PRIOR COMPACT.
C. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
UTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT
UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
D. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE
CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS
OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
E. 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.
F. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE PARTY STATES
UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES.
G. REPRESENTATIVES OF 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.
ARTICLE XI.
CONSTRUCTION AND SEVERABILITY
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.
S. 6873 15
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
PART B
Section 1. The education law is amended by adding a new section 6913
to read as follows:
§ 6913. ADVANCED PRACTICE REGISTERED NURSE COMPACT. THE ADVANCED PRAC-
TICE REGISTERED NURSE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED
INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTAN-
TIALLY AS FOLLOWS:
ARTICLE I.
FINDINGS AND DECLARATION OF PURPOSE
A. THE PARTY STATES FIND THAT:
1. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
COMPLIANCE WITH APRN LICENSURE REQUIREMENTS AND THE EFFECTIVENESS OF
ENFORCEMENT ACTIVITIES RELATED TO STATE APRN LICENSURE LAWS;
2. VIOLATIONS OF APRN LICENSURE AND OTHER LAWS REGULATING THE PRACTICE
OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
3. THE EXPANDED MOBILITY OF APRNS AND THE USE OF ADVANCED COMMUNI-
CATION AND INTERVENTION 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;
4. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE APRN LICENSURE LAWS DIFFICULT AND COMPLEX;
5. THE CURRENT SYSTEM OF DUPLICATIVE APRN LICENSURE FOR APRNS PRACTIC-
ING IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR HEALTHCARE DELIV-
ERY SYSTEMS, PAYORS, STATE LICENSING BOARDS, REGULATORS AND APRNS;
6. UNIFORMITY OF APRN LICENSURE REQUIREMENTS THROUGHOUT THE STATES
PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS AS WELL AS PROVIDING A
MECHANISM TO INCREASE ACCESS TO CARE.
B. THE GENERAL PURPOSES OF THIS COMPACT ARE TO:
1. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
2. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF APRN LICENSURE AND REGULATION, INCLUDING PROMOTION OF UNIFORM LICEN-
SURE REQUIREMENTS;
3. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF APRN REGULATION, INVESTIGATION AND ADVERSE ACTIONS;
4. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING APRN PRACTICE IN EACH
JURISDICTION;
5. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD AN APRN 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 PRIVILEGES TO PRACTICE;
6. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF APRN
LICENSES; AND
7. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY APRNS WHO MEET
UNIFORM LICENSURE REQUIREMENTS.
S. 6873 16
ARTICLE II.
DEFINITIONS
AS USED IN THIS COMPACT:
A. "ADVANCED PRACTICE REGISTERED NURSE" OR "APRN" MEANS A REGISTERED
NURSE WHO HAS GAINED ADDITIONAL SPECIALIZED KNOWLEDGE, SKILLS AND EXPE-
RIENCE THROUGH A PROGRAM OF STUDY RECOGNIZED OR DEFINED BY THE INTER-
STATE 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.
B. "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, LIMI-
TATION 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.
C. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM
APPROVED BY A LICENSING BOARD.
D. "APRN LICENSURE" MEANS THE REGULATORY MECHANISM USED BY A PARTY
STATE TO GRANT LEGAL AUTHORITY TO PRACTICE AS AN APRN.
E. "APRN UNIFORM LICENSURE REQUIREMENTS" MEANS THE MINIMUM UNIFORM
LICENSURE, EDUCATION AND EXAMINATION REQUIREMENTS SET FORTH IN SUBDIVI-
SION B OF ARTICLE III OF THIS COMPACT.
F. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED
PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON APRN LICEN-
SURE AND ENFORCEMENT ACTIVITIES RELATED TO APRN LICENSURE LAWS THAT IS
ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY
LICENSING BOARDS.
G. "CURRENT SIGNIFICANT INVESTIGATORY INFORMATION" MEANS:
1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY 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 INFRAC-
TION; OR
2. 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.
H. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA-
TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A
LICENSING BOARD IN CONNECTION WITH A DISCIPLINARY PROCEEDING.
I. "HOME STATE" MEANS THE PARTY STATE THAT IS THE APRN'S PRIMARY STATE
OF RESIDENCE.
J. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE
FOR REGULATING THE PRACTICE OF ADVANCED PRACTICE REGISTERED NURSING.
K. "MULTISTATE LICENSE" MEANS AN APRN LICENSE TO PRACTICE AS AN APRN
ISSUED BY A HOME STATE LICENSING BOARD THAT AUTHORIZES THE APRN TO PRAC-
TICE AS AN APRN IN ALL PARTY STATES UNDER A MULTISTATE LICENSURE PRIVI-
LEGE, IN THE SAME ROLE AND POPULATION FOCUS AS THE APRN IS LICENSED IN
THE HOME STATE.
L. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO-
CIATED 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.
S. 6873 17
M. "NON-CONTROLLED 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.
N. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
O. "POPULATION FOCUS" MEANS ONE OF THE SIX POPULATION FOCI OF
FAMILY/INDIVIDUAL ACROSS THE LIFESPAN, ADULT-GERONTOLOGY, PEDIATRICS,
NEONATAL, WOMEN'S HEALTH/GENDER-RELATED AND PSYCH/MENTAL HEALTH.
P. "PRESCRIPTIVE AUTHORITY" MEANS THE LEGAL AUTHORITY TO PRESCRIBE
MEDICATIONS AND DEVICES AS DEFINED BY PARTY STATE LAWS.
Q. "REMOTE STATE" MEANS A PARTY STATE THAT IS NOT THE HOME STATE.
R. "ROLE" MEANS ONE OF THE FOUR RECOGNIZED ROLES OF CERTIFIED REGIS-
TERED NURSE ANESTHETISTS (CRNA), CERTIFIED NURSE-MIDWIVES (CNM), CLIN-
ICAL NURSE SPECIALISTS (CNS) AND CERTIFIED NURSE PRACTITIONERS (CNP).
S. "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.
T. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES
AND THE DISTRICT OF COLUMBIA.
U. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES, AND REGU-
LATIONS THAT GOVERN APRN PRACTICE, DEFINE THE SCOPE OF ADVANCED NURSING
PRACTICE AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE
EXCEPT THAT PRESCRIPTIVE AUTHORITY SHALL BE TREATED IN ACCORDANCE WITH
SUBDIVISIONS F AND G OF ARTICLE III OF THIS COMPACT. "STATE PRACTICE
LAWS" DOES NOT INCLUDE:
1. A PARTY STATE'S LAWS, RULES, AND REGULATIONS REQUIRING SUPERVISION
OR COLLABORATION WITH A HEALTHCARE PROFESSIONAL, EXCEPT FOR LAWS, RULES,
AND REGULATIONS REGARDING PRESCRIBING CONTROLLED SUBSTANCES; AND
2. 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 LICEN-
SURE BY ENDORSEMENT. SUCH 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 INFORMA-
TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE
FOR RETAINING THAT STATE'S CRIMINAL RECORDS.
B. EACH PARTY STATE SHALL REQUIRE AN APPLICANT TO SATISFY THE FOLLOW-
ING APRN UNIFORM LICENSURE REQUIREMENTS TO OBTAIN OR RETAIN A MULTISTATE
LICENSE IN THE HOME STATE:
1. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF
LICENSURE, AS WELL AS, ALL OTHER APPLICABLE STATE LAWS;
2. I. HAS COMPLETED AN ACCREDITED GRADUATE-LEVEL EDUCATION PROGRAM
THAT PREPARES THE APPLICANT FOR ONE OF THE FOUR RECOGNIZED ROLES AND
POPULATION FOCI; OR
II. HAS COMPLETED A FOREIGN APRN EDUCATION PROGRAM FOR ONE OF THE FOUR
RECOGNIZED ROLES AND POPULATION FOCI THAT (A) HAS BEEN APPROVED BY THE
AUTHORIZED ACCREDITING BODY IN THE APPLICABLE COUNTRY AND (B) HAS BEEN
S. 6873 18
VERIFIED BY AN INDEPENDENT CREDENTIALS REVIEW AGENCY TO BE COMPARABLE TO
A LICENSING BOARD-APPROVED APRN EDUCATION PROGRAM;
3. HAS, IF A GRADUATE OF A FOREIGN APRN 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;
4. HAS SUCCESSFULLY PASSED A NATIONAL CERTIFICATION EXAMINATION THAT
MEASURES APRN, ROLE AND POPULATION-FOCUSED COMPETENCIES AND MAINTAINS
CONTINUED COMPETENCE AS EVIDENCED BY RECERTIFICATION IN THE ROLE AND
POPULATION FOCUS THROUGH THE NATIONAL CERTIFICATION PROGRAM;
5. HOLDS AN ACTIVE, UNENCUMBERED LICENSE AS A REGISTERED NURSE AND AN
ACTIVE, UNENCUMBERED AUTHORIZATION TO PRACTICE AS AN APRN;
6. HAS SUCCESSFULLY PASSED AN NCLEX-RN EXAMINATION OR RECOGNIZED PRED-
ECESSOR, AS APPLICABLE;
7. HAS PRACTICED FOR AT LEAST 2,080 HOURS AS AN APRN IN A ROLE AND
POPULATION FOCUS CONGRUENT WITH THE APPLICANT'S EDUCATION AND TRAINING.
FOR PURPOSES OF THIS SECTION, PRACTICE SHALL NOT INCLUDE HOURS OBTAINED
AS PART OF ENROLLMENT IN AN APRN EDUCATION PROGRAM;
8. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL LICEN-
SURE 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 OR, IF APPLICABLE, FOREIGN COUNTRY'S CRIMINAL
RECORDS;
9. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN
AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE, FEDERAL
OR FOREIGN CRIMINAL LAW;
10. 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 BY FACTORS SET FORTH IN RULES ADOPTED BY THE
COMMISSION;
11. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM;
12. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT
PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND
13. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER.
C. AN APRN ISSUED A MULTISTATE LICENSE SHALL BE LICENSED IN AN
APPROVED ROLE AND AT LEAST ONE APPROVED POPULATION FOCUS.
D. 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.
E. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED
BY A PARTY STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE, EXCEPT THAT
AN INDIVIDUAL MAY APPLY FOR A SINGLE-STATE LICENSE, INSTEAD OF A MULTI-
STATE LICENSE, EVEN IF OTHERWISE QUALIFIED FOR THE MULTISTATE LICENSE.
HOWEVER, THE FAILURE OF SUCH AN INDIVIDUAL TO AFFIRMATIVELY OPT FOR A
SINGLE STATE LICENSE MAY RESULT IN THE ISSUANCE OF A MULTISTATE LICENSE.
F. ISSUANCE OF AN APRN MULTISTATE LICENSE SHALL INCLUDE PRESCRIPTIVE
AUTHORITY FOR NONCONTROLLED PRESCRIPTION DRUGS.
G. FOR EACH STATE IN WHICH AN APRN SEEKS AUTHORITY TO PRESCRIBE
CONTROLLED SUBSTANCES, THE APRN SHALL SATISFY ALL REQUIREMENTS IMPOSED
BY SUCH STATE IN GRANTING AND/OR RENEWING SUCH AUTHORITY.
H. AN APRN ISSUED A MULTISTATE LICENSE IS AUTHORIZED TO ASSUME RESPON-
SIBILITY AND ACCOUNTABILITY FOR PATIENT CARE INDEPENDENT OF ANY SUPERVI-
SORY OR COLLABORATIVE RELATIONSHIP. THIS AUTHORITY MAY BE EXERCISED IN
S. 6873 19
THE HOME STATE AND IN ANY REMOTE STATE IN WHICH THE APRN EXERCISES A
MULTISTATE LICENSURE PRIVILEGE.
I. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH STATE DUE
PROCESS LAWS, TO TAKE ADVERSE ACTION AGAINST AN APRN'S MULTISTATE LICEN-
SURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR ANY OTHER
ACTION THAT AFFECTS AN APRN'S AUTHORIZATION TO PRACTICE UNDER A MULTI-
STATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF A
PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRATOR
OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY
THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
J. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS COMPACT, 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.
K. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS COMPACT, 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 REQUIRE-
MENT FOR REGISTERED NURSE LICENSURE AS A PRECONDITION FOR AUTHORIZATION
TO PRACTICE AS AN APRN IN THAT STATE.
L. 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 COORDI-
NATED 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 MULTI-
STATE LICENSURE PRIVILEGE HELD BY THE APPLICANT AND WHETHER THE APPLI-
CANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE PROGRAM.
B. AN APRN MAY HOLD A MULTISTATE APRN LICENSE, ISSUED BY THE HOME
STATE, IN ONLY ONE PARTY STATE AT A TIME.
C. IF AN APRN CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO
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.
1. THE APRN MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY
STATE OF RESIDENCE.
S. 6873 20
2. 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 NON-PARTY 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:
1. TAKE ADVERSE ACTION AGAINST AN APRN'S MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE WITHIN THAT PARTY STATE.
I. ONLY THE HOME STATE SHALL HAVE POWER TO TAKE ADVERSE ACTION AGAINST
AN APRN'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 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.
2. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON AN APRN'S
AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE.
3. COMPLETE ANY PENDING INVESTIGATIONS OF AN APRN 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(S)
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.
4. 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 AND/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 AND/OR EVIDENCE ARE LOCATED.
5. 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.
6. 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.
7. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF ANOTHER PARTY
STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR
TAKING SUCH ADVERSE ACTION.
B. IF ADVERSE ACTION IS TAKEN BY A HOME STATE AGAINST AN APRN'S MULTI-
STATE LICENSURE, THE PRIVILEGE TO PRACTICE IN ALL OTHER PARTY STATES
S. 6873 21
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 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
SUCH DENIALS) AND APRN PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO
THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED
NONPUBLIC AND/OR CONFIDENTIAL UNDER STATE LAW.
D. 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.
E. 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.
F. 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 THE INFORMATION SHALL BE REMOVED FROM THE
COORDINATED LICENSURE INFORMATION SYSTEM.
G. 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:
1. IDENTIFYING INFORMATION;
2. LICENSURE DATA;
3. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION INFORMA-
TION; AND
4. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS
COMPACT, AS DETERMINED BY COMMISSION RULES.
H. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES-
TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE.
S. 6873 22
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.
1. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY STATES.
2. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS-
SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPETENT
JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED.
THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT
IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION
PROCEEDINGS.
3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER-
EIGN IMMUNITY.
B. MEMBERSHIP, VOTING AND MEETINGS.
1. EACH PARTY STATE SHALL HAVE AND BE LIMITED TO ONE ADMINISTRATOR.
THE HEAD OF THE STATE LICENSING BOARD OR DESIGNEE SHALL BE THE ADMINIS-
TRATOR OF THIS COMPACT FOR EACH PARTY STATE. ANY ADMINISTRATOR MAY BE
REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY THE LAW OF THE STATE
FROM WHICH THE ADMINISTRATOR IS APPOINTED. ANY VACANCY OCCURRING IN THE
COMMISSION SHALL BE FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY
STATE IN WHICH THE VACANCY EXISTS.
2. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE (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.
3. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR.
ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF
THE COMMISSION.
4. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF
MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE-
MAKING PROVISIONS IN ARTICLE VIII.
5. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUBLIC MEETING IF THE
COMMISSION MUST DISCUSS:
I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS
COMPACT;
II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL
MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER
MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND
PROCEDURES;
III. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION;
IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS,
SERVICES OR REAL ESTATE;
V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON;
VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION
THAT IS PRIVILEGED OR CONFIDENTIAL;
VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE
WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY;
VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT
PURPOSES;
IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON
BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE
WITH THIS COMPACT; OR
S. 6873 23
X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE
STATUTE.
6. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS
PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT
THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING
PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND
ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A
DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL,
SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A
COURT OF COMPETENT JURISDICTION.
C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS,
PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR
APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS
COMPACT, INCLUDING BUT NOT LIMITED TO:
1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION;
2. PROVIDING REASONABLE STANDARDS AND PROCEDURES:
I. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND
II. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR
FUNCTION OF THE COMMISSION;
3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS
OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS
AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY INTER-
ESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE
PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA-
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;
4. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE PROCE-
DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION;
5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT
OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. 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;
6. 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 AND/OR RESERVING
OF ALL OF ITS DEBTS AND OBLIGATIONS;
D. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND RULES, AND ANY AMEND-
MENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE OF THE COMMISSION;
E. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE
WITH THE BYLAWS; AND
F. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT
WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS.
G. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS:
1. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE 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;
2. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF
THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE
OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED;
S. 6873 24
3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS;
4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING
BUT NOT LIMITED TO EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA-
TIONS;
5. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE
COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED
TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER
RESOURCES;
6. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION,
DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT
THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON-
NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA-
TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS;
7. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF
MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE,
UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS-
SION SHALL STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT
OF INTEREST;
8. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR
OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL,
PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL
STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY;
9. TO SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR
OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED;
10. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES;
11. TO BORROW MONEY;
12. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF
ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR
REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED
PERSONS;
13. TO ISSUE ADVISORY OPINIONS;
14. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH,
LAW ENFORCEMENT AGENCIES;
15. TO ADOPT AND USE AN OFFICIAL SEAL; AND
16. 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 APRN LICENSURE AND PRACTICE.
H. FINANCING OF THE COMMISSION.
1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE
REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING
ACTIVITIES.
2. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT
FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES
AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE
ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU-
LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE
THAT IS BINDING UPON ALL PARTY STATES.
3. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO
SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION
PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE
AUTHORITY OF, SUCH PARTY STATE.
4. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND
DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL
BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE
COMMISSION SHALL BY AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC
S. 6873 25
ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME
PART OF THE ANNUAL REPORT OF THE COMMISSION.
I. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION.
1. THE ADMINISTRATORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND
REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABIL-
ITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR
DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL-
ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR
OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS
MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING
IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM
SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED
BY THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON.
2. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE
DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL
ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED
ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION
EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM
THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN
THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED
THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM
RETAINING 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.
3. 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
PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI-
BILITIES, 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 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.
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:
1. ON THE WEBSITE OF THE COMMISSION; AND
2. 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:
1. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE
RULE WILL BE CONSIDERED AND VOTED UPON;
S. 6873 26
2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE
PROPOSED RULE;
3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED
PERSON; AND
4. 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.
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 SCHE-
DULED PUBLIC HEARING.
1. 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.
2. 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.
I. 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.
J. 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.
K. 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:
1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE;
2. PREVENT A LOSS OF COMMISSION OR PARTY STATE FUNDS; OR
3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT
IS ESTABLISHED BY FEDERAL LAW OR RULE.
L. 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 MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE
COMMISSION.
S. 6873 27
ARTICLE IX.
OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT
A. OVERSIGHT.
1. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND
INTENT.
2. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN
ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS
OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A
PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO
THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS-
SION, THIS COMPACT OR PROMULGATED RULES.
B. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION.
1. IF THE COMMISSION DETERMINES THAT A PARTY STATE HAS DEFAULTED IN
THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS
COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL:
I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY
STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE
DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND
II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE
REGARDING THE DEFAULT.
2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING
STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE
VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND
BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE
DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND-
ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF
DEFAULT.
3. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY
AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE
OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO
THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE
DEFAULTING STATE'S LICENSING BOARD, THE DEFAULTING STATE'S LICENSING
BOARD, AND EACH OF THE PARTY STATES.
4. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS
RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED
THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT
EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION.
5. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS
FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN
TERMINATED, UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE
DEFAULTING STATE.
6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY
PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE
FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD-
ING REASONABLE ATTORNEYS' FEES.
C. DISPUTE RESOLUTION.
1. UPON REQUEST BY A PARTY STATE, THE COMMISSION SHALL ATTEMPT TO
RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG PARTY STATES
AND BETWEEN PARTY AND NON-PARTY STATES.
2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION
AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE.
3. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY
STATES ARISING UNDER THIS COMPACT:
S. 6873 28
I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION
PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT
ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES AND AN INDIVIDUAL
MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY
STATES INVOLVED IN THE DISPUTE.
II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
D. ENFORCEMENT.
1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL
ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT.
2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE
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.
3. 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.
ARTICLE X.
EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT
A. THIS COMPACT SHALL COME INTO LIMITED EFFECT AT SUCH TIME AS THIS
COMPACT HAS BEEN ENACTED INTO LAW IN SEVEN (7) PARTY STATES FOR THE SOLE
PURPOSE OF ESTABLISHING AND CONVENING THE COMMISSION TO ADOPT RULES
RELATING TO ITS OPERATION.
B. 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 COMMIS-
SION.
C. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT-
UTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT
UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE.
D. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE
CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS-
ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS
OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION.
E. 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 NON-PARTY STATE THAT DOES NOT CONFLICT WITH
THE PROVISIONS OF THIS COMPACT.
F. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY PARTY STATE
UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES.
G. 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.
ARTICLE XI.
CONSTRUCTION AND SEVERABILITY
THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE
PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND
S. 6873 29
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.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
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