Bill Text: MI HB4042 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Health occupations: nurses; nurse licensure compact; enact. Amends secs. 16170a, 16222, 16231, 16238 & 17201 of 1978 PA 368 (MCL 333.16170a et seq.) & adds secs. 16190, 17225 & 17225a.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2020-12-31 - Vetoed By The Governor 12/30/2020 [HB4042 Detail]
Download: Michigan-2019-HB4042-Introduced.html
HOUSE BILL No. 4042
January 15, 2019, Introduced by Reps. Whiteford and Brann and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17201 (MCL 333.17201), as amended by 2016 PA
499, and by adding sections 16190, 17225, and 17225a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16190. (1) The Nurse Licensure Compact is enacted into
law and entered into by this state as a party state with all other
jurisdictions that legally join in the Compact, in the form
substantially as follows:
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
practice of nursing may result in injury or harm to the public;
3. The expanded mobility of nurses and the use of advanced
communication technologies as part of our nation's health care
delivery system require greater coordination and cooperation among
states in the areas of nurse licensure and regulation;
4. New practice modalities and technology make compliance with
individual 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
accountable for meeting all state practice laws in the state in
which the patient is located at the time care is rendered through
the mutual recognition of party state licenses;
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, limitation on the licensee's practice, or any other
encumbrance on licensure affecting a nurse's authorization to
practice, including issuance of a cease and desist action.
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
licensure and enforcement activities related to nurse licensure
laws that is 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
preliminary inquiry that includes notification and an opportunity
for the nurse to respond, if required by state law, has reason to
believe is not groundless and, if proved true, would indicate more
than a minor infraction; or
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
limitation 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
associated 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
regulations that govern the practice of nursing, define the scope
of nursing practice, and create the methods and grounds for
imposing discipline. "State practice laws" do not include
requirements necessary to obtain and retain a license, except for
qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
a. A multistate license to practice registered or licensed
practical/vocational nursing issued by a home state to a resident
in that state will be recognized by each party state as authorizing
a nurse to practice as a registered nurse (RN) or as a licensed
practical/vocational nurse (LPN/VN), under a multistate licensure
privilege, in each party state.
b. A state must implement procedures for considering the criminal
history records of applicants for initial multistate license or
licensure by endorsement. 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 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-RNŽ or NCLEX-PNŽ 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
licensure or licensure by endorsement, fingerprints or other
biometric data for the purpose of obtaining criminal history record
information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records;
7. Has not been convicted or found guilty, or has entered into an
agreed disposition, of a felony offense under applicable state or
federal criminal law;
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 multistate licensure privilege such as revocation,
suspension, probation or any other action that affects a nurse's
authorization to practice under a multistate licensure privilege,
including cease and desist actions. If a party state takes such
action, it shall promptly notify the administrator of the
coordinated licensure information system. The administrator of the
coordinated licensure information system shall promptly notify the
home state of any such actions by remote states.
e. A nurse practicing in a party state must comply with the state
practice laws of the state in which the client is located at the
time service is provided. The practice of nursing is not limited to
patient care, but shall include all nursing practice as defined by
the state practice laws of the party state in which the client is
located. The practice of nursing in a party state under a
multistate licensure privilege will subject a nurse to the
jurisdiction of the licensing board, the courts and the laws of the
party state in which the client is located at the time service is
provided.
f. Individuals not residing in a party state shall continue to be
able to apply for a party state's single-state license as provided
under the laws of each party state. However, the single-state
license granted to these individuals will not be recognized as
granting the privilege to practice nursing in any other party
state. Nothing in this Compact shall affect the requirements
established by a party state for the issuance of a single-state
license.
g. Any nurse holding a home state multistate license, on the
effective date of this Compact, may retain and renew the multistate
license issued by the nurse's then-current home state, provided
that:
1. A nurse, who changes primary state of residence after this
Compact's effective date, must meet all applicable Article III.c.
requirements to obtain a multistate license from a new home state.
2. A nurse who fails to satisfy the multistate licensure
requirements in Article III.c. due to a disqualifying event
occurring after this Compact's effective date shall be ineligible
to retain or renew a multistate license, and the nurse's multistate
license shall be revoked or deactivated in accordance with
applicable rules adopted by the Interstate Commission of Nurse
Licensure Compact Administrators ("Commission").
ARTICLE IV
Applications for Licensure in a Party State
a. Upon application for a multistate license, the licensing board
in the issuing party state shall ascertain, through the coordinated
licensure information system, whether the applicant has ever held,
or is the holder of, a license issued by any other state, whether
there are any encumbrances on any license or multistate licensure
privilege held by the applicant, whether any adverse action has
been taken against any license or multistate licensure privilege
held by the applicant and whether the applicant is currently
participating in an alternative program.
b. A nurse may hold a multistate license, issued by the home state,
in only one 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 deactivated 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
privilege to practice within that party state.
i. Only the home state shall have the power to take adverse action
against a nurse's license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing
board shall give the same priority and effect to reported conduct
received from a remote state as it would if such
conduct had occurred within the home state. In so doing, the home
state shall apply its own state laws to determine appropriate
action.
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 licensing 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 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
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
practice in all other party states shall be deactivated until all
encumbrances have been removed from the multistate license. All
home state disciplinary orders that impose adverse action against a
nurse's multistate license shall include a statement that the
nurse's multistate licensure privilege is deactivated in all party
states during the pendency of the order.
c. Nothing in this Compact shall override a party state's decision
that participation in an alternative program may be used in lieu of
adverse action. The home state licensing board shall deactivate the
multistate licensure privilege under the multistate license of any
nurse for the duration of the nurse's participation in an
alternative program.
ARTICLE VI
Coordinated Licensure Information System and Exchange of
Information
a. All party states shall participate in a coordinated licensure
information system of all licensed registered nurses (RNs) and
licensed practical/vocational nurses (LPNs/VNs). This system will
include information on the licensure and disciplinary history of
each nurse, as submitted by party states, to assist in the
coordination of nurse licensure and enforcement efforts.
b. The Commission, in consultation with the administrator of the
coordinated licensure information system, shall formulate necessary
and proper procedures for the identification, collection and
exchange of information under this Compact.
c. All licensing boards shall promptly report to the coordinated
licensure information system any adverse action, any current
significant investigative information, denials of applications
(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
licensing boards contributing information to the coordinated
licensure information 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
coordinated 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
information system that is subsequently required to be expunged by
the laws of the party state contributing that information shall
also be expunged from the coordinated licensure information system.
h. The Compact administrator of each party state shall furnish a
uniform data set to the Compact administrator of each other party
state, which shall include, at a minimum:
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
investigative documents and information requested by another party
state.
ARTICLE VII
Establishment of the Interstate Commission of Nurse Licensure
Compact Administrators
a. The party states hereby create and establish a joint public
entity known as the Interstate Commission of Nurse Licensure
Compact Administrators.
1. The Commission is an instrumentality of the party states.
2. Venue is proper, and judicial proceedings by or against the
Commission shall be brought solely and exclusively, in a court of
competent jurisdiction where the principal office of the Commission
is located. The Commission may waive venue and jurisdictional
defenses to the extent it adopts or consents to participate in
alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of
sovereign immunity.
b. Membership, Voting and Meetings
1. Each party state shall have and be limited to one administrator.
The head of the state licensing board or designee shall be the
administrator of this Compact for each party state. Any
administrator may be removed or suspended from office as provided
by the law of the state from which the Administrator is appointed.
Any vacancy occurring in the Commission shall be filled in
accordance with the laws of the party state in which the vacancy
exists.
2. Each administrator shall be entitled to one (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
rulemaking 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
x. Matters specifically exempted from disclosure by federal or
state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to
this provision, the Commission's legal counsel or designee shall
certify that the meeting may be closed and shall reference each
relevant exempting provision. The Commission shall keep minutes
that fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and
the reasons therefor, including a description of the views
expressed. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents of a
closed meeting shall remain under seal, subject to release by a
majority vote of the Commission or order of a court of competent
jurisdiction.
c. The Commission shall, by a majority vote of the administrators,
prescribe bylaws or rules to govern its conduct as may be necessary
or appropriate to carry out the purposes and exercise the powers of
this Compact, including but not limited to:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority
or function of the Commission;
3. Providing reasonable procedures for calling and conducting
meetings of the Commission, ensuring reasonable advance notice of
all meetings and providing an opportunity for attendance of such
meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and
proprietary information, including trade secrets. The Commission
may meet in closed session only after a majority of the
administrators vote to close a meeting in whole or in part. As soon
as practicable, the Commission must make public a copy of the vote
to close the meeting revealing the vote of each administrator, with
no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable
procedures for the election of the officers of the Commission;
5. Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
Commission. Notwithstanding any civil service or other similar laws
of any party state, the bylaws shall exclusively govern the
personnel policies and programs of the Commission; and
6. Providing a mechanism for winding up the operations of the
Commission and the equitable disposition of any surplus funds that
may exist after the termination of this Compact after the payment
or reserving of all of its debts and obligations;
d. The Commission shall publish its bylaws and rules, and any
amendments thereto, in a convenient form on the website of the
Commission.
e. The Commission shall maintain its financial records in
accordance with the bylaws.
f. The Commission shall meet and take such actions as are
consistent with the provisions of this Compact and the bylaws.
g. The Commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordinate
implementation and administration of this Compact. The rules shall
have the force and effect of law and shall be binding in all party
states;
2. To bring and prosecute legal proceedings or actions in the name
of the Commission, provided that the standing of any licensing
board to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel,
including, but not limited to, employees of a party state or
nonprofit organizations;
5. To cooperate with other organizations that administer state
compacts related to the regulation of nursing, including but not
limited to sharing administrative or staff expenses, office space
or other resources;
6. To hire employees, elect or appoint officers, fix compensation,
define duties, grant such individuals appropriate authority to
carry out the purposes of this Compact, and to establish the
Commission's personnel policies and programs relating to conflicts
of interest, qualifications of personnel and other related
personnel matters;
7. To accept any and all appropriate donations, grants and gifts of
money, equipment, supplies, materials and services, and to receive,
utilize and dispose of the same; provided that at all times the
Commission shall avoid any appearance of impropriety or conflict of
interest;
8. To lease, purchase, accept appropriate gifts or donations of, or
otherwise to own, hold, improve or use, any property, whether real,
personal or mixed; provided that at all times the Commission shall
avoid any appearance of impropriety;
9. To sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property, whether real, personal or mixed;
10. To establish a budget and make expenditures;
11. To borrow money;
12. To appoint committees, including advisory committees comprised
of administrators, state nursing regulators, state legislators or
their representatives, and consumer representatives, and other such
interested persons;
13. To provide and receive information from, and to cooperate with,
law enforcement agencies;
14. To adopt and use an official seal; and
15. To perform such other functions as may be necessary or
appropriate to achieve the purposes of this Compact consistent with
the state regulation of nurse licensure and practice.
h. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the
reasonable expenses of its establishment, organization and ongoing
activities.
2. The Commission may also levy on and collect an annual assessment
from each party state to cover the cost of its operations,
activities and staff in its annual budget as approved each year.
The aggregate annual assessment amount, if any, shall be allocated
based upon a formula to be determined by the Commission, which
shall promulgate a rule that is binding upon all party states.
3. The Commission shall not incur obligations of any kind prior to
securing the funds adequate to meet the same; nor shall the
Commission pledge the credit of any of the party states, except by,
and with the authority of, such party state.
4. The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission
shall be subject to the audit and accounting procedures established
under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.
i. Qualified Immunity, Defense and Indemnification
1. The administrators, officers, executive director, employees and
representatives of the Commission shall be immune from suit and
liability, either personally or in their official capacity, for any
claim for damage to or loss of property or personal injury or other
civil liability caused by or arising out of any actual or alleged
act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing
occurred, within the scope of Commission employment, duties or
responsibilities; provided that nothing in this paragraph shall be
construed to protect any such person from suit or liability for any
damage, loss, injury or liability caused by the intentional,
willful or wanton misconduct of that person.
2. The Commission shall defend any administrator, officer,
executive director, employee or representative of the Commission in
any civil action seeking to impose liability arising out of any
actual or alleged act, error or omission that occurred within the
scope of Commission employment, duties or responsibilities, or that
the person against whom the claim is made had a reasonable basis
for believing occurred within the scope of Commission employment,
duties or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining 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 Commission for the amount of any settlement
or judgment obtained against that person arising out of any actual
or alleged act, error or omission that occurred within the scope of
Commission employment, duties or responsibilities, or that such
person had a reasonable basis for believing occurred within the
scope of Commission employment, duties or responsibilities,
provided that the actual or alleged act, error or omission did not
result from the intentional, willful or wanton misconduct of that
person.
ARTICLE VIII
Rulemaking
a. The Commission shall exercise its rulemaking powers pursuant to
the criteria set forth in this Article and 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
written comments.
e. Prior to adoption of a proposed rule, the Commission shall allow
persons to submit written data, facts, opinions and arguments,
which shall be made available to the public.
f. The Commission shall grant an opportunity for a public hearing
before it adopts a rule or amendment.
g. The Commission shall publish the place, time and date of the
scheduled public hearing.
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 Commission 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.
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 offending 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, including 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 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
statute repealing the same. A party state's withdrawal shall not
take effect until six (6) months after enactment of the repealing
statute.
d. A party state's withdrawal or termination shall not affect the
continuing requirement of the withdrawing or terminated state's
licensing board to report adverse actions and significant
investigations occurring prior to the effective date of such
withdrawal or termination.
e. Nothing contained in this Compact shall be construed to
invalidate or prevent any nurse licensure agreement or other
cooperative arrangement between a party state and a non-party state
that is made in accordance with the other provisions of this
Compact.
f. This Compact may be amended by the party states. No amendment to
this Compact shall become effective and binding upon the party
states unless and until it is enacted into the laws of all party
states.
g. Representatives of non-party states to this Compact shall be
invited to participate in the activities of the Commission, on a
nonvoting basis, prior to the adoption of this Compact by all
states.
ARTICLE XI
Construction and Severability
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.
(2) Subsection (1) shall be known as the "Nurse Licensure
Compact".
Sec. 17201. (1) As used in this part:
(a) "Advanced practice registered nurse" or "a.p.r.n." means a
registered professional nurse who has been granted a specialty
certification under section 17210 in 1 of the following health
profession specialty fields:
(i) Nurse midwifery.
(ii) Nurse practitioner.
(iii) Clinical nurse specialist.
(b) "Nurse licensure compact" means the nurse licensure
compact as enacted in section 16190.
(c) (b)
"Physician" means a
physician who is licensed under
part 170 or part 175.
(d) (c)
"Practice of nursing"
means the systematic application
of substantial specialized knowledge and skill, derived from the
biological, physical, and behavioral sciences, to the care,
treatment, counsel, and health teaching of individuals who are
experiencing changes in the normal health processes or who require
assistance in the maintenance of health and the prevention or
management of illness, injury, or disability.
(e) (d)
"Practice of nursing as a
licensed practical nurse" or
"l.p.n." means the practice of nursing based on less comprehensive
knowledge and skill than that required of a registered professional
nurse and performed under the supervision of a registered
professional nurse, physician, or dentist.
(f) (e)
"Registered professional
nurse" or "r.n." means an
individual
who is licensed under this part article
or authorized
under
section 17225 to engage in the practice
of nursing which and
whose scope of practice includes the teaching, direction, and
supervision of less skilled personnel in the performance of
delegated nursing activities.
(2) In addition to the definitions in this part, article 1
contains general definitions and principles of construction
applicable to all articles in the code and part 161 contains
definitions applicable to this part.
Sec. 17225. (1) An individual who holds a multistate license
to practice registered nursing under the nurse licensure compact is
authorized to engage in the practice of nursing under this article.
(2) For purposes of this article, including the obligations of
an individual who is licensed as a registered professional nurse,
an individual who holds a multistate license to practice registered
nursing under the nurse licensure compact is considered a
registered professional nurse who is licensed under this part.
Sec. 17225a. (1) An individual who holds a multistate license
to practice licensed practical/vocational nursing under the nurse
licensure compact is authorized to engage in the practice of
nursing as a licensed practical nurse under this article.
(2) For purposes of this article, including the obligations of
an individual who is licensed as a licensed practical nurse, an
individual who holds a multistate license to practice licensed
practical/vocational nursing under the nurse licensure compact is
considered a licensed practical nurse who is licensed under this
part.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
