Bill Text: NY S07579 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the interstate medical licensure compact and the nurse licensure compact; enacts compacts related to establishing a streamlined process that allows physicians and nurses to become licensed in multiple member states.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-26 - REFERRED TO HIGHER EDUCATION [S07579 Detail]
Download: New_York-2017-S07579-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7579 IN SENATE January 26, 2018 ___________ Introduced by Sen. HANNON -- 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 enacting the inter- state medical licensure compact (Part A); and to amend the education law, in relation to enacting the nurse licensure compact (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement provisions of law relating to enacting 3 the interstate medical licensure compact and the nurse licensure 4 compact. Each component is wholly contained within a Part identified as 5 Parts A through B. The effective date for each particular provision 6 contained within such Part is set forth in the last section of such 7 Part. Any provision in any section contained within a Part, including 8 the effective date of the Part, which makes a reference to a section "of 9 this act", when used in connection with that particular component, shall 10 be deemed to mean and refer to the corresponding section of the Part in 11 which it is found. Section three of this act sets forth the general 12 effective date of this act. 13 PART A 14 Section 1. The education law is amended by adding a new article 169 to 15 read as follows: 16 ARTICLE 169 17 INTERSTATE MEDICAL LICENSURE COMPACT 18 Section 8860. Short title. 19 8861. Purpose. 20 8862. Definitions. 21 8863. Eligibility. 22 8864. Designation of state of principal license. 23 8865. Application and issuance of expedited licensure. 24 8866. Fees for expedited licensure. 25 8867. Renewal and continued participation. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13877-01-7S. 7579 2 1 8868. Coordinated information system. 2 8869. Joint investigations. 3 8870. Disciplinary actions. 4 8871. Interstate medical licensure compact commission. 5 8872. Powers and duties of the interstate commission. 6 8873. Finance powers. 7 8874. Organization and operation of the interstate commission. 8 8875. Rulemaking functions of the interstate commission. 9 8876. Oversight of interstate compact. 10 8877. Enforcement of interstate compact. 11 8878. Default procedures. 12 8879. Dispute resolution. 13 8880. Member states, effective date and amendment. 14 8881. Withdrawal. 15 8882. Dissolution. 16 8883. Severability and construction. 17 8884. Binding effect of compact and other laws. 18 § 8860. Short title. This article shall be known and may be cited as 19 the "interstate medical licensure compact". 20 § 8861. Purpose. In order to strengthen access to health care, and in 21 recognition of the advances in the delivery of health care, the member 22 states of the interstate medical licensure compact have allied in common 23 purpose to develop a comprehensive process that complements the existing 24 licensing and regulatory authority of state medical boards, provides a 25 streamlined process that allows physicians to become licensed in multi- 26 ple states, thereby enhancing the portability of a medical license and 27 ensuring the safety of patients. The compact creates another pathway 28 for licensure and does not otherwise change a state's existing medical 29 practice act. The compact also adopts the prevailing standard for licen- 30 sure and affirms that the practice of medicine occurs where the patient 31 is located at the time of the physician-patient encounter, and there- 32 fore, requires the physician to be under the jurisdiction of the state 33 medical board where the patient is located. State medical boards that 34 participate in the compact retain the jurisdiction to impose an adverse 35 action against a license to practice medicine in that state issued to a 36 physician through the procedures in the compact. 37 § 8862. Definitions. In this compact: 38 1. "Bylaws" means those bylaws established by the interstate commis- 39 sion pursuant to section eighty-eight hundred seventy-one of this arti- 40 cle for its governance, or for directing and controlling its actions and 41 conduct. 42 2. "Commissioner" means the voting representative appointed by each 43 member board pursuant to section eighty-eight hundred seventy-one of 44 this article. 45 3. "Conviction" means a finding by a court that an individual is guil- 46 ty of a criminal offense through adjudication, or entry of a plea of 47 guilt or no contest to the charge by the offender. Evidence of an entry 48 of a conviction of a criminal offense by the court shall be considered 49 final for purposes of disciplinary action by a member board. 50 4. "Expedited license" means a full and unrestricted medical license 51 granted by a member state to an eligible physician through the process 52 set forth in the compact. 53 5. "Interstate commission" means the interstate commission created 54 pursuant to section eighty-eight hundred seventy-one of this article.S. 7579 3 1 6. "License" means authorization by a state for a physician to engage 2 in the practice of medicine, which would be unlawful without the author- 3 ization. 4 7. "Medical practice act" means laws and regulations governing the 5 practice of allopathic and osteopathic medicine within a member state. 6 8. "Member board" means a state agency in a member state that acts in 7 the sovereign interests of the state by protecting the public through 8 licensure, regulation, and education of physicians as directed by the 9 state government. 10 9. "Member state" means a state that has enacted the compact. 11 10. "Practice of medicine" means the clinical prevention, diagnosis, 12 or treatment of human disease, injury, or condition requiring a physi- 13 cian to obtain and maintain a license in compliance with the medical 14 practice act of a member state. 15 11. "Physician" means any person who: 16 (a) Is a graduate of a medical school accredited by the Liaison 17 Committee on Medical Education, the Commission on Osteopathic College 18 Accreditation, or a medical school listed in the International Medical 19 Education Directory or its equivalent; 20 (b) Passed each component of the United States Medical Licensing Exam- 21 ination (USMLE) or the Comprehensive Osteopathic Medical Licensing Exam- 22 ination (COMLEX-USA) within three attempts, or any of its predecessor 23 examinations accepted by a state medical board as an equivalent examina- 24 tion for licensure purposes; 25 (c) Successfully completed graduate medical education approved by the 26 Accreditation Council for Graduate Medical Education or the American 27 Osteopathic Association; 28 (d) Holds specialty certification or a time-unlimited specialty 29 certificate recognized by the American Board of Medical Specialties or 30 the American Osteopathic Association's Bureau of Osteopathic Special- 31 ists; 32 (e) Possesses a full and unrestricted license to engage in the prac- 33 tice of medicine issued by a member board; 34 (f) Has never been convicted, received adjudication, deferred adjudi- 35 cation, community supervision, or deferred disposition for any offense 36 by a court of appropriate jurisdiction; 37 (g) Has never held a license authorizing the practice of medicine 38 subjected to discipline by a licensing agency in any state, federal, or 39 foreign jurisdiction, excluding any action related to non-payment of 40 fees related to a license; 41 (h) Has never had a controlled substance license or permit suspended 42 or revoked by a state or the United States drug enforcement adminis- 43 tration; and 44 (i) Is not under active investigation by a licensing agency or law 45 enforcement authority in any state, federal, or foreign jurisdiction. 46 12. "Offense" means a felony, gross misdemeanor, or crime of moral 47 turpitude. 48 13. "Rule" means a written statement by the interstate commission 49 promulgated pursuant to section eighty-eight hundred seventy-two of this 50 article that is of general applicability, implements, interprets, or 51 prescribes a policy or provision of the compact, or an organizational, 52 procedural, or practice requirement of the interstate commission, and 53 has the force and effect of statutory law in a member state, and 54 includes the amendment, repeal, or suspension of an existing rule. 55 14. "State" means any state, commonwealth, district, or territory of 56 the United States.S. 7579 4 1 15. "State of principal license" means a member state where a physi- 2 cian holds a license to practice medicine and which has been designated 3 as such by the physician for purposes of registration and participation 4 in the compact. 5 § 8863. Eligibility. 1. A physician must meet the eligibility require- 6 ments as defined in subdivision 11 of section eighty-eight hundred 7 sixty-two of this article to receive an expedited license under the 8 terms and provisions of the compact. 9 2. A physician who does not meet the requirements of subdivision 11 of 10 section eighty-eight hundred sixty-two of this article may obtain a 11 license to practice medicine in a member state if the individual 12 complies with all laws and requirements, other than the compact, relat- 13 ing to the issuance of a license to practice medicine in that state. 14 § 8864. Designation of state of principal license. 1. A physician 15 shall designate a member state as the state of principal license for 16 purposes of registration for expedited licensure through the compact if 17 the physician possesses a full and unrestricted license to practice 18 medicine in that state, and the state is: 19 (a) the state of primary residence for the physician, or 20 (b) the state where at least twenty-five percent of the practice of 21 medicine occurs, or 22 (c) the location of the physician's employer, or 23 (d) if no state qualifies under paragraph (a), (b) or (c) of this 24 subdivision, the state designated as state of residence for purpose of 25 federal income tax. 26 2. A physician may redesignate a member state as state of principal 27 license at any time, as long as the state meets the requirements in 28 subdivision one of this section. 29 3. The interstate commission is authorized to develop rules to facili- 30 tate redesignation of another member state as the state of principal 31 license. 32 § 8865. Application and issuance of expedited licensure. 1. A physi- 33 cian seeking licensure through the compact shall file an application for 34 an expedited license with the member board of the state selected by the 35 physician as the state of principal license. 36 2. Upon receipt of an application for an expedited license, the member 37 board within the state selected as the state of principal license shall 38 evaluate whether the physician is eligible for expedited licensure and 39 issue a letter of qualification, verifying or denying the physician's 40 eligibility, to the interstate commission. 41 (a) Static qualifications, which include verification of medical 42 education, graduate medical education, results of any medical or licens- 43 ing examination, and other qualifications as determined by the inter- 44 state commission through rule, shall not be subject to additional prima- 45 ry source verification where already primary source verified by the 46 state of principal license. 47 (b) The member board within the state selected as the state of princi- 48 pal license shall, in the course of verifying eligibility, perform a 49 criminal background check of an applicant, including the use of the 50 results of fingerprint or other biometric data checks compliant with the 51 requirements of the Federal Bureau of Investigation, with the exception 52 of federal employees who have suitability determination in accordance 53 with U.S. C.F.R. § 731.202. 54 (c) Appeal on the determination of eligibility shall be made to the 55 member state where the application was filed and shall be subject to the 56 law of that state.S. 7579 5 1 3. Upon verification in subdivision two of this section, physicians 2 eligible for an expedited license shall complete the registration proc- 3 ess established by the interstate commission to receive a license in a 4 member state selected pursuant to subdivision one of this section, 5 including the payment of any applicable fees. 6 4. After receiving verification of eligibility under subdivision two 7 of this section and any fees under subdivision three of this section, a 8 member board shall issue an expedited license to the physician. This 9 license shall authorize the physician to practice medicine in the issu- 10 ing state consistent with the medical practice act and all applicable 11 laws and regulations of the issuing member board and member state. 12 5. An expedited license shall be valid for a period consistent with 13 the licensure period in the member state and in the same manner as 14 required for other physicians holding a full and unrestricted license 15 within the member state. 16 6. An expedited license obtained though the compact shall be termi- 17 nated if a physician fails to maintain a license in the state of princi- 18 pal licensure for a non-disciplinary reason, without redesignation of a 19 new state of principal licensure. 20 7. The interstate commission is authorized to develop rules regarding 21 the application process, including payment of any applicable fees, and 22 the issuance of an expedited license. 23 § 8866. Fees for expedited licensure. 1. A member state issuing an 24 expedited license authorizing the practice of medicine in that state may 25 impose a fee for a license issued or renewed through the compact. 26 2. The interstate commission is authorized to develop rules regarding 27 fees for expedited licenses. 28 § 8867. Renewal and continued participation. 1. A physician seeking to 29 renew an expedited license granted in a member state shall complete a 30 renewal process with the interstate commission if the physician: 31 (a) Maintains a full and unrestricted license in a state of principal 32 license; 33 (b) Has not been convicted, received adjudication, deferred adjudi- 34 cation, community supervision, or deferred disposition for any offense 35 by a court of appropriate jurisdiction; 36 (c) Has not had a license authorizing the practice of medicine subject 37 to discipline by a licensing agency in any state, federal, or foreign 38 jurisdiction, excluding any action related to non-payment of fees 39 related to a license; and 40 (d) Has not had a controlled substance license or permit suspended or 41 revoked by a state or the United States drug enforcement administration. 42 2. Physicians shall comply with all continuing professional develop- 43 ment or continuing medical education requirements for renewal of a 44 license issued by a member state. 45 3. The interstate commission shall collect any renewal fees charged 46 for the renewal of a license and distribute the fees to the applicable 47 member board. 48 4. Upon receipt of any renewal fees collected in subdivision three of 49 this section, a member board shall renew the physician's license. 50 5. Physician information collected by the interstate commission during 51 the renewal process will be distributed to all member boards. 52 6. The interstate commission is authorized to develop rules to address 53 renewal of licenses obtained through the compact. 54 § 8868. Coordinated information system. 1. The interstate commission 55 shall establish a database of all physicians licensed, or who haveS. 7579 6 1 applied for licensure, under section eighty-eight hundred sixty-five of 2 this article. 3 2. Notwithstanding any other provision of law, member boards shall 4 report to the interstate commission any public action or complaints 5 against a licensed physician who has applied or received an expedited 6 license through the compact. 7 3. Member boards shall report disciplinary or investigatory informa- 8 tion determined as necessary and proper by rule of the interstate 9 commission. 10 4. Member boards may report any non-public complaint, disciplinary, or 11 investigatory information not required by subdivision three of this 12 section to the interstate commission. 13 5. Member boards shall share complaint or disciplinary information 14 about a physician upon request of another member board. 15 6. All information provided to the interstate commission or distrib- 16 uted by member boards shall be confidential, filed under seal, and used 17 only for investigatory or disciplinary matters. 18 7. The interstate commission is authorized to develop rules for 19 mandated or discretionary sharing of information by member boards. 20 § 8869. Joint investigations. 1. Licensure and disciplinary records of 21 physicians are deemed investigative. 22 2. In addition to the authority granted to a member board by its 23 respective medical practice act or other applicable state law, a member 24 board may participate with other member boards in joint investigations 25 of physicians licensed by the member boards. 26 3. A subpoena issued by a member state shall be enforceable in other 27 member states. 28 4. Member boards may share any investigative, litigation, or compli- 29 ance materials in furtherance of any joint or individual investigation 30 initiated under the compact. 31 5. Any member state may investigate actual or alleged violations of 32 the statutes authorizing the practice of medicine in any other member 33 state in which a physician holds a license to practice medicine. 34 § 8870. Disciplinary actions. 1. Any disciplinary action taken by any 35 member board against a physician licensed through the compact shall be 36 deemed unprofessional conduct which may be subject to discipline by 37 other member boards, in addition to any violation of the medical prac- 38 tice act or regulations in that state. 39 2. If a license granted to a physician by the member board in the 40 state of principal license is revoked, surrendered or relinquished in 41 lieu of discipline, or suspended, then all licenses issued to the physi- 42 cian by member boards shall automatically be placed, without further 43 action necessary by any member board, on the same status. If the member 44 board in the state of principal license subsequently reinstates the 45 physician's license, a license issued to the physician by any other 46 member board shall remain encumbered until that respective member board 47 takes action to reinstate the license in a manner consistent with the 48 medical practice act of that state. 49 3. If disciplinary action is taken against a physician by a member 50 board not in the state of principal license, any other member board may 51 deem the action conclusive as to matter of law and fact decided, and: 52 (a) impose the same or lesser sanction or sanctions against the physi- 53 cian so long as such sanctions are consistent with the medical practice 54 act of that state;S. 7579 7 1 (b) or pursue separate disciplinary action against the physician under 2 its respective medical practice act, regardless of the action taken in 3 other member states. 4 4. If a license granted to a physician by a member board is revoked, 5 surrendered or relinquished in lieu of discipline, or suspended, then 6 any license or licenses issued to the physician by any other member 7 board or boards shall be suspended, automatically and immediately with- 8 out further action necessary by the other member board or boards, for 9 ninety days upon entry of the order by the disciplining board, to permit 10 the member board or boards to investigate the basis for the action under 11 the medical practice act of that state. A member board may terminate the 12 automatic suspension of the license it issued prior to the completion of 13 the ninety day suspension period in a manner consistent with the medical 14 practice act of that state. 15 § 8871. Interstate medical licensure compact commission. 1. The member 16 states hereby create the "interstate medical licensure compact commis- 17 sion". 18 2. The purpose of the interstate commission is the administration of 19 the interstate medical licensure compact, which is a discretionary state 20 function. 21 3. The interstate commission shall be a body corporate and joint agen- 22 cy of the member states and shall have all the responsibilities, powers, 23 and duties set forth in the compact, and such additional powers as may 24 be conferred upon it by a subsequent concurrent action of the respective 25 legislatures of the member states in accordance with the terms of the 26 compact. 27 4. The interstate commission shall consist of two voting represen- 28 tatives appointed by each member state who shall serve as commissioners. 29 In states where allopathic and osteopathic physicians are regulated by 30 separate member boards, or if the licensing and disciplinary authority 31 is split between multiple member boards within a member state, the 32 member state shall appoint one representative from each member board. A 33 Commissioner shall be a or an: 34 (a) Allopathic or osteopathic physician appointed to a member board; 35 (b) Executive director, executive secretary, or similar executive of a 36 member board; or 37 (c) Member of the public appointed to a member board. 38 5. The interstate commission shall meet at least once each calendar 39 year. A portion of this meeting shall be a business meeting to address 40 such matters as may properly come before the commission, including the 41 election of officers. The chairperson may call additional meetings and 42 shall call for a meeting upon the request of a majority of the member 43 states. 44 6. The bylaws may provide for meetings of the interstate commission to 45 be conducted by telecommunication or electronic communication. 46 7. Each commissioner participating at a meeting of the interstate 47 commission is entitled to one vote. A majority of commissioners shall 48 constitute a quorum for the transaction of business, unless a larger 49 quorum is required by the bylaws of the interstate commission. A commis- 50 sioner shall not delegate a vote to another commissioner. In the absence 51 of its commissioner, a member state may delegate voting authority for a 52 specified meeting to another person from that state who shall meet the 53 requirements of subdivision four of this section. 54 8. The interstate commission shall provide public notice of all meet- 55 ings and all meetings shall be open to the public. The interstate 56 commission may close a meeting, in full or in portion, where it deter-S. 7579 8 1 mines by a two-thirds vote of the commissioners present that an open 2 meeting would be likely to: 3 (a) Relate solely to the internal personnel practices and procedures 4 of the interstate commission; 5 (b) Discuss matters specifically exempted from disclosure by federal 6 statute; 7 (c) Discuss trade secrets, commercial, or financial information that 8 is privileged or confidential; 9 (d) Involve accusing a person of a crime, or formally censuring a 10 person; 11 (e) Discuss information of a personal nature where disclosure would 12 constitute a clearly unwarranted invasion of personal privacy; 13 (f) Discuss investigative records compiled for law enforcement 14 purposes; or 15 (g) Specifically relate to the participation in a civil action or 16 other legal proceeding. 17 9. The interstate commission shall keep minutes which shall fully 18 describe all matters discussed in a meeting and shall provide a full and 19 accurate summary of actions taken, including record of any roll call 20 votes. 21 10. The interstate commission shall make its information and official 22 records, to the extent not otherwise designated in the compact or by its 23 rules, available to the public for inspection. 24 11. The interstate commission shall establish an executive committee, 25 which shall include officers, members, and others as determined by the 26 bylaws. The executive committee shall have the power to act on behalf of 27 the interstate commission, with the exception of rulemaking, during 28 periods when the interstate commission is not in session. When acting on 29 behalf of the interstate commission, the executive committee shall over- 30 see the administration of the compact including enforcement and compli- 31 ance with the provisions of the compact, its bylaws and rules, and other 32 such duties as necessary. 33 12. The interstate commission may establish other committees for 34 governance and administration of the compact. 35 § 8872. Powers and duties of the interstate commission. The Interstate 36 Commission shall have the duty and power to: 37 1. Oversee and maintain the administration of the compact; 38 2. Promulgate rules which shall be binding to the extent and in the 39 manner provided for in the compact; 40 3. Issue, upon the request of a member state or member board, advisory 41 opinions concerning the meaning or interpretation of the compact, its 42 bylaws, rules, and actions; 43 4. Enforce compliance with compact provisions, the rules promulgated 44 by the interstate commission, and the bylaws, using all necessary and 45 proper means, including but not limited to the use of judicial process; 46 5. Establish and appoint committees including, but not limited to, an 47 executive committee as required by section eighty-eight hundred seven- 48 ty-one of this article, which shall have the power to act on behalf of 49 the interstate commission in carrying out its powers and duties; 50 6. Pay, or provide for the payment of the expenses related to the 51 establishment, organization, and ongoing activities of the interstate 52 commission; 53 7. Establish and maintain one or more offices; 54 8. Borrow, accept, hire, or contract for services of personnel; 55 9. Purchase and maintain insurance and bonds;S. 7579 9 1 10. Employ an executive director who shall have such powers to employ, 2 select or appoint employees, agents, or consultants, and to determine 3 their qualifications, define their duties, and fix their compensation; 4 11. Establish personnel policies and programs relating to conflicts of 5 interest, rates of compensation, and qualifications of personnel; 6 12. Accept donations and grants of money, equipment, supplies, materi- 7 als and services, and to receive, utilize, and dispose of it in a manner 8 consistent with the conflict of interest policies established by the 9 interstate commission; 10 13. Lease, purchase, accept contributions or donations of, or other- 11 wise to own, hold, improve or use, any property, real, personal, or 12 mixed; 13 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 14 otherwise dispose of any property, real, personal, or mixed; 15 15. Establish a budget and make expenditures; 16 16. Adopt a seal and bylaws governing the management and operation of 17 the interstate commission; 18 17. Report annually to the legislatures and governors of the member 19 states concerning the activities of the interstate commission during the 20 preceding year. Such reports shall also include reports of financial 21 audits and any recommendations that may have been adopted by the inter- 22 state commission; 23 18. Coordinate education, training, and public awareness regarding the 24 compact, its implementation, and its operation; 25 19. Maintain records in accordance with the bylaws; 26 20. Seek and obtain trademarks, copyrights, and patents; and 27 21. Perform such functions as may be necessary or appropriate to 28 achieve the purposes of the compact. 29 § 8873. Finance powers. 1. The interstate commission may levy on and 30 collect an annual assessment from each member state to cover the cost of 31 the operations and activities of the interstate commission and its 32 staff. The total assessment must be sufficient to cover the annual budg- 33 et approved each year for which revenue is not provided by other sourc- 34 es. The aggregate annual assessment amount shall be allocated upon a 35 formula to be determined by the interstate commission, which shall 36 promulgate a rule binding upon all member states. 37 2. The interstate commission shall not incur obligations of any kind 38 prior to securing the funds adequate to meet the same. 39 3. The interstate commission shall not pledge the credit of any of the 40 member states, except by, and with the authority of, the member state. 41 4. The interstate commission shall be subject to a yearly financial 42 audit conducted by a certified or licensed public accountant and the 43 report of the audit shall be included in the annual report of the inter- 44 state commission. 45 § 8874. Organization and operation of the interstate commission. 1. 46 The interstate commission shall, by a majority of commissioners present 47 and voting, adopt bylaws to govern its conduct as may be necessary or 48 appropriate to carry out the purposes of the compact within twelve 49 months of the first interstate commission meeting. 50 2. The interstate commission shall elect or appoint annually from 51 among its commissioners a chairperson, a vice-chairperson, and a treas- 52 urer, each of whom shall have such authority and duties as may be speci- 53 fied in the bylaws. The chairperson, or in the chairperson's absence or 54 disability, the vice-chairperson, shall preside at all meetings of the 55 interstate commission.S. 7579 10 1 3. Officers selected in subdivision two of this section shall serve 2 without remuneration from the interstate commission. 3 4. The officers and employees of the interstate commission shall be 4 immune from suit and liability, either personally or in their official 5 capacity, for a claim for damage to or loss of property or personal 6 injury or other civil liability caused or arising out of, or relating 7 to, an actual or alleged act, error, or omission that occurred, or that 8 such person had a reasonable basis for believing occurred, within the 9 scope of interstate commission employment, duties, or responsibilities; 10 provided that such person shall not be protected from suit or liability 11 for damage, loss, injury, or liability caused by the intentional or 12 willful and wanton misconduct of such person. 13 (a) The liability of the executive director and employees of the 14 interstate commission or representatives of the interstate commission, 15 acting within the scope of such person's employment or duties for acts, 16 errors, or omissions occurring within such person's state, may not 17 exceed the limits of liability set forth under the constitution and laws 18 of that state for state officials, employees, and agents. The interstate 19 commission is considered to be an instrumentality of the states for the 20 purposes of any such action. Nothing in this paragraph shall be 21 construed to protect such person from suit or liability for damage, 22 loss, injury, or liability caused by the intentional or willful and 23 wanton misconduct of such person. 24 (b) The interstate commission shall defend the executive director, its 25 employees, and subject to the approval of the attorney general or other 26 appropriate legal counsel of the member state represented by an inter- 27 state commission representative, shall defend such interstate commission 28 representative in any civil action seeking to impose liability arising 29 out of an actual or alleged act, error or omission that occurred within 30 the scope of interstate commission employment, duties or responsibil- 31 ities, or that the defendant had a reasonable basis for believing 32 occurred within the scope of interstate commission employment, duties, 33 or responsibilities, provided that the actual or alleged act, error, or 34 omission did not result from intentional or willful and wanton miscon- 35 duct on the part of such person. 36 (c) To the extent not covered by the state involved, member state, or 37 the interstate commission, the representatives or employees of the 38 interstate commission shall be held harmless in the amount of a settle- 39 ment or judgment, including attorney's fees and costs, obtained against 40 such persons arising out of an actual or alleged act, error, or omission 41 that occurred within the scope of interstate commission employment, 42 duties, or responsibilities, or that such persons had a reasonable basis 43 for believing occurred within the scope of interstate commission employ- 44 ment, duties, or responsibilities, provided that the actual or alleged 45 act, error, or omission did not result from intentional or willful and 46 wanton misconduct on the part of such persons. 47 § 8875. Rulemaking functions of the interstate commission. 1. The 48 interstate commission shall promulgate reasonable rules in order to 49 effectively and efficiently achieve the purposes of the compact. 50 Notwithstanding the foregoing, in the event the interstate commission 51 exercises its rulemaking authority in a manner that is beyond the scope 52 of the purposes of the compact, or the powers granted hereunder, then 53 such an action by the interstate commission shall be invalid and have no 54 force or effect. 55 2. Rules deemed appropriate for the operations of the interstate 56 commission shall be made pursuant to a rulemaking process that substan-S. 7579 11 1 tially conforms to the "Model State Administrative Procedure Act" of 2 2010, and subsequent amendments thereto. 3 3. Not later than thirty days after a rule is promulgated, any person 4 may file a petition for judicial review of the rule in the United States 5 District Court for the District of Columbia or the federal district 6 where the interstate commission has its principal offices, provided that 7 the filing of such a petition shall not stay or otherwise prevent the 8 rule from becoming effective unless the court finds that the petitioner 9 has a substantial likelihood of success. The court shall give deference 10 to the actions of the interstate commission consistent with applicable 11 law and shall not find the rule to be unlawful if the rule represents a 12 reasonable exercise of the authority granted to the interstate commis- 13 sion. 14 § 8876. Oversight of interstate compact. 1. The executive, legisla- 15 tive, and judicial branches of state government in each member state 16 shall enforce the compact and shall take all actions necessary and 17 appropriate to effectuate the compact's purposes and intent. The 18 provisions of the compact and the rules promulgated hereunder shall have 19 standing as statutory law but shall not override existing state authori- 20 ty to regulate the practice of medicine. 21 2. All courts shall take judicial notice of the compact and the rules 22 in any judicial or administrative proceeding in a member state pertain- 23 ing to the subject matter of the compact which may affect the powers, 24 responsibilities or actions of the interstate commission. 25 3. The interstate commission shall be entitled to receive all service 26 of process in any such proceeding, and shall have standing to intervene 27 in the proceeding for all purposes. Failure to provide service of proc- 28 ess to the interstate commission shall render a judgment or order void 29 as to the interstate commission, the compact, or promulgated rules. 30 § 8877. Enforcement of interstate compact. 1. The interstate commis- 31 sion, in the reasonable exercise of its discretion, shall enforce the 32 provisions and rules of the compact. 33 2. The interstate commission may, by majority vote of the commission- 34 ers, initiate legal action in the United States District Court for the 35 District of Columbia, or, at the discretion of the interstate commis- 36 sion, in the federal district where the interstate commission has its 37 principal offices, to enforce compliance with the provisions of the 38 compact, and its promulgated rules and bylaws, against a member state in 39 default. The relief sought may include both injunctive relief and 40 damages. In the event judicial enforcement is necessary, the prevailing 41 party shall be awarded all costs of such litigation including reasonable 42 attorney's fees. 43 3. The remedies herein shall not be the exclusive remedies of the 44 interstate commission. The interstate commission may avail itself of 45 any other remedies available under state law or the regulation of a 46 profession. 47 § 8878. Default procedures. 1. The grounds for default include, but 48 are not limited to, failure of a member state to perform such obli- 49 gations or responsibilities imposed upon it by the compact, or the rules 50 and bylaws of the interstate commission promulgated under the compact. 51 2. If the interstate commission determines that a member state has 52 defaulted in the performance of its obligations or responsibilities 53 under the compact, or the bylaws or promulgated rules, the interstate 54 commission shall: 55 (a) Provide written notice to the defaulting state and other member 56 states, of the nature of the default, the means of curing the default,S. 7579 12 1 and any action taken by the interstate commission. The interstate 2 commission shall specify the conditions by which the defaulting state 3 must cure its default; and 4 (b) Provide remedial training and specific technical assistance 5 regarding the default. 6 3. If the defaulting state fails to cure the default, the defaulting 7 state shall be terminated from the compact upon an affirmative vote of a 8 majority of the commissioners and all rights, privileges, and benefits 9 conferred by the compact shall terminate on the effective date of termi- 10 nation. A cure of the default does not relieve the offending state of 11 obligations or liabilities incurred during the period of the default. 12 4. Termination of membership in the compact shall be imposed only 13 after all other means of securing compliance have been exhausted. Notice 14 of intent to terminate shall be given by the interstate commission to 15 the governor, the majority and minority leaders of the defaulting 16 state's legislature, and each of the member states. 17 5. The interstate commission shall establish rules and procedures to 18 address licenses and physicians that are materially impacted by the 19 termination of a member state, or the withdrawal of a member state. 20 6. The member state which has been terminated is responsible for all 21 dues, obligations, and liabilities incurred through the effective date 22 of termination including obligations, the performance of which extends 23 beyond the effective date of termination. 24 7. The interstate commission shall not bear any costs relating to any 25 state that has been found to be in default or which has been terminated 26 from the compact, unless otherwise mutually agreed upon in writing 27 between the interstate commission and the defaulting state. 28 8. The defaulting state may appeal the action of the interstate 29 commission by petitioning the United States District Court for the 30 District of Columbia or the federal district where the interstate 31 commission has its principal offices. The prevailing party shall be 32 awarded all costs of such litigation including reasonable attorney's 33 fees. 34 § 8879. Dispute resolution. 1. The interstate commission shall 35 attempt, upon the request of a member state, to resolve disputes which 36 are subject to the compact and which may arise among member states or 37 member boards. 38 2. The interstate commission shall promulgate rules providing for both 39 mediation and binding dispute resolution as appropriate. 40 § 8880. Member states, effective date and amendment. 1. Any state is 41 eligible to become a member state of the compact. 42 2. The compact shall become effective and binding upon legislative 43 enactment of the compact into law by no less than seven states. There- 44 after, it shall become effective and binding on a state upon enactment 45 of the compact into law by that state. 46 3. The governors of non-member states, or their designees, shall be 47 invited to participate in the activities of the interstate commission on 48 a non-voting basis prior to adoption of the compact by all states. 49 4. The interstate commission may propose amendments to the compact for 50 enactment by the member states. No amendment shall become effective and 51 binding upon the interstate commission and the member states unless and 52 until it is enacted into law by unanimous consent of the member states. 53 § 8881. Withdrawal. 1. Once effective, the compact shall continue in 54 force and remain binding upon each and every member state; provided that 55 a member state may withdraw from the compact by specifically repealing 56 the statute which enacted the compact into law.S. 7579 13 1 2. Withdrawal from the compact shall be by the enactment of a statute 2 repealing the same, but shall not take effect until one year after the 3 effective date of such statute and until written notice of the with- 4 drawal has been given by the withdrawing state to the governor of each 5 other member state. 6 3. The withdrawing state shall immediately notify the chairperson of 7 the interstate commission in writing upon the introduction of legis- 8 lation repealing the compact in the withdrawing state. 9 4. The interstate commission shall notify the other member states of 10 the withdrawing state's intent to withdraw within sixty days of its 11 receipt of notice provided under subdivision three of this section. 12 5. The withdrawing state is responsible for all dues, obligations and 13 liabilities incurred through the effective date of withdrawal, including 14 obligations, the performance of which extend beyond the effective date 15 of withdrawal. 16 6. Reinstatement following withdrawal of a member state shall occur 17 upon the withdrawing state reenacting the compact or upon such later 18 date as determined by the interstate commission. 19 7. The interstate commission is authorized to develop rules to address 20 the impact of the withdrawal of a member state on licenses granted in 21 other member states to physicians who designated the withdrawing member 22 state as the state of principal license. 23 § 8882. Dissolution. 1. The compact shall dissolve effective upon the 24 date of the withdrawal or default of the member state which reduces the 25 membership in the compact to one member state. 26 2. Upon the dissolution of the compact, the compact becomes null and 27 void and shall be of no further force or effect, and the business and 28 affairs of the interstate commission shall be concluded and surplus 29 funds shall be distributed in accordance with the bylaws. 30 § 8883. Severability and construction. 1. The provisions of the 31 compact shall be severable, and if any phrase, clause, sentence, or 32 provision is deemed unenforceable, the remaining provisions of the 33 compact shall be enforceable. 34 2. The provisions of the compact shall be liberally construed to 35 effectuate its purposes. 36 3. Nothing in the compact shall be construed to prohibit the applica- 37 bility of other interstate compacts to which the states are members. 38 § 8884. Binding effect of compact and other laws. 1. Nothing herein 39 prevents the enforcement of any other law of a member state that is not 40 inconsistent with the compact. 41 2. All laws in a member state in conflict with the compact are super- 42 seded to the extent of the conflict. 43 3. All lawful actions of the interstate commission, including all 44 rules and bylaws promulgated by the commission, are binding upon the 45 member states. 46 4. All agreements between the interstate commission and the member 47 states are binding in accordance with their terms. 48 5. In the event any provision of the compact exceeds the constitu- 49 tional limits imposed on the legislature of any member state, such 50 provision shall be ineffective to the extent of the conflict with the 51 constitutional provision in question in that member state. 52 § 2. This act shall take effect immediately. 53 PART BS. 7579 14 1 Section 1. The education law is amended by adding a new article 169-A 2 to read as follows: 3 ARTICLE 169-A 4 NURSE LICENSURE COMPACT 5 Section 8886. Short title. 6 8887. Findings and declaration of purpose. 7 8888. Definitions. 8 8889. General provisions and jurisdiction. 9 8890. Applications for licensure in a party state. 10 8891. Additional authorities invested in party state licensing 11 boards. 12 8892. Coordinated licensure information system and exchange of 13 information. 14 8893. Establishment of the interstate commission of nurse licen- 15 sure compact administrators. 16 8894. Rulemaking. 17 8895. Oversight, dispute resolution and enforcement. 18 8896. Effective date, withdrawal and amendment. 19 8897. Construction and severability. 20 § 8886. Short title. This article shall be known and may be cited as 21 the "nurse licensure compact". 22 § 8887. Findings and declaration of purpose. 1. The party states find 23 that: 24 (a) The health and safety of the public are affected by the degree of 25 compliance with and the effectiveness of enforcement activities related 26 to state nurse licensure laws; 27 (b) Violations of nurse licensure and other laws regulating the prac- 28 tice of nursing may result in injury or harm to the public; 29 (c) The expanded mobility of nurses and the use of advanced communi- 30 cation technologies as part of our nation's health care delivery system 31 require greater coordination and cooperation among states in the areas 32 of nurse licensure and regulation; 33 (d) New practice modalities and technology make compliance with indi- 34 vidual state nurse licensure laws difficult and complex; 35 (e) The current system of duplicative licensure for nurses practicing 36 in multiple states is cumbersome and redundant for both nurses and 37 states; and 38 (f) Uniformity of nurse licensure requirements throughout the states 39 promotes public safety and public health benefits. 40 2. The general purposes of this compact are to: 41 (a) Facilitate the states' responsibility to protect the public's 42 health and safety; 43 (b) Ensure and encourage the cooperation of party states in the areas 44 of nurse licensure and regulation; 45 (c) Facilitate the exchange of information between party states in the 46 areas of nurse regulation, investigation and adverse actions; 47 (d) Promote compliance with the laws governing the practice of nursing 48 in each jurisdiction; 49 (e) Invest all party states with the authority to hold a nurse 50 accountable for meeting all state practice laws in the state in which 51 the patient is located at the time care is rendered through the mutual 52 recognition of party state licenses; 53 (f) Decrease redundancies in the consideration and issuance of nurse 54 licenses; and 55 (g) Provide opportunities for interstate practice by nurses who meet 56 uniform licensure requirements.S. 7579 15 1 § 8888. Definitions. As used in this compact: 2 1. "Adverse action" means any administrative, civil, equitable or 3 criminal action permitted by a state's laws which is imposed by a 4 licensing board or other authority against a nurse, including actions 5 against an individual's license or multistate licensure privilege such 6 as revocation, suspension, probation, monitoring of the licensee, limi- 7 tation on the licensee's practice, or any other encumbrance on licensure 8 affecting a nurse's authorization to practice, including issuance of a 9 cease and desist action. 10 2. "Alternative program" means a non-disciplinary monitoring program 11 approved by a licensing board. 12 3. "Coordinated licensure information system" means an integrated 13 process for collecting, storing and sharing information on nurse licen- 14 sure and enforcement activities related to nurse licensure laws that is 15 administered by a nonprofit organization composed of and controlled by 16 licensing boards. 17 4. "Current significant investigative information" means: 18 (a) Investigative information that a licensing board, after a prelimi- 19 nary inquiry that includes notification and an opportunity for the nurse 20 to respond, if required by state law, has reason to believe is not 21 groundless and, if proved true, would indicate more than a minor infrac- 22 tion; or 23 (b) Investigative information that indicates that the nurse represents 24 an immediate threat to public health and safety regardless of whether 25 the nurse has been notified and had an opportunity to respond. 26 5. "Encumbrance" means a revocation or suspension of, or any limita- 27 tion on, the full and unrestricted practice of nursing imposed by a 28 licensing board. 29 6. "Home state" means the party state which is the nurse's primary 30 state of residence. 31 7. "Licensing board" means a party state's regulatory body responsible 32 for issuing nurse licenses. 33 8. "Multistate license" means a license to practice as a registered or 34 a licensed practical/vocational nurse (LPN/VN) issued by a home state 35 licensing board that authorizes the licensed nurse to practice in all 36 party states under a multistate licensure privilege. 37 9. "Multistate licensure privilege" means a legal authorization asso- 38 ciated with a multistate license permitting the practice of nursing as 39 either a registered nurse (RN) or LPN/VN in a remote state. 40 10. "Nurse" means RN or LPN/VN, as those terms are defined by each 41 party state's practice laws. 42 11. "Party state" means any state that has adopted this compact. 43 12. "Remote state" means a party state, other than the home state. 44 13. "Single-state license" means a nurse license issued by a party 45 state that authorizes practice only within the issuing state and does 46 not include a multistate licensure privilege to practice in any other 47 party state. 48 14. "State" means a state, territory or possession of the United 49 States and the District of Columbia. 50 15. "State practice laws" means a party state's laws, rules and regu- 51 lations that govern the practice of nursing, define the scope of nursing 52 practice, and create the methods and grounds for imposing discipline. 53 "State practice laws" do not include requirements necessary to obtain 54 and retain a license, except for qualifications or requirements of the 55 home state.S. 7579 16 1 § 8889. General provisions and jurisdiction. 1. A multistate license 2 to practice registered or licensed practical/vocational nursing issued 3 by a home state to a resident in that state will be recognized by each 4 party state as authorizing a nurse to practice as a registered nurse 5 (RN) or as a licensed practical/vocational nurse (LPN/VN), under a 6 multistate licensure privilege, in each party state. 7 2. A state must implement procedures for considering the criminal 8 history records of applicants for initial multistate license or licen- 9 sure by endorsement. Such procedures shall include the submission of 10 fingerprints or other biometric-based information by applicants for the 11 purpose of obtaining an applicant's criminal history record information 12 from the federal bureau of investigation and the agency responsible for 13 retaining that state's criminal records. 14 3. Each party state shall require the following for an applicant to 15 obtain or retain a multistate license in the home state: 16 (a) Meets the home state's qualifications for licensure or renewal of 17 licensure, as well as, all other applicable state laws; 18 (b)(i) Has graduated or is eligible to graduate from a licensing 19 board-approved RN or LPN/VN pre-licensure education program; or 20 (ii) Has graduated from a foreign RN or LPN/VN pre-licensure education 21 program that (1) has been approved by the authorized accrediting body in 22 the applicable country and (2) has been verified by an independent 23 credentials review agency to be comparable to a licensing board-approved 24 pre-licensure education program; 25 (c) Has, if a graduate of a foreign pre-licensure education program 26 not taught in English or if English is not the individual's native 27 language, successfully passed an English proficiency examination that 28 includes the components of reading, speaking, writing and listening; 29 (d) Has successfully passed an NCLEX-RN or NCLEX-PN examination or 30 recognized predecessor, as applicable; 31 (e) Is eligible for or holds an active, unencumbered license; 32 (f) Has submitted, in connection with an application for initial 33 licensure or licensure by endorsement, fingerprints or other biometric 34 data for the purpose of obtaining criminal history record information 35 from the federal bureau of investigation and the agency responsible for 36 retaining that state's criminal records; 37 (g) Has not been convicted or found guilty, or has entered into an 38 agreed disposition, of a felony offense under applicable state or feder- 39 al criminal law; 40 (h) Has not been convicted or found guilty, or has entered into an 41 agreed disposition, of a misdemeanor offense related to the practice of 42 nursing as determined on a case-by-case basis; 43 (i) Is not currently enrolled in an alternative program; 44 (j) Is subject to self-disclosure requirements regarding current 45 participation in an alternative program; and 46 (k) Has a valid United States social security number. 47 4. All party states shall be authorized, in accordance with existing 48 state due process law, to take adverse action against a nurse's multi- 49 state licensure privilege such as revocation, suspension, probation or 50 any other action that affects a nurse's authorization to practice under 51 a multistate licensure privilege, including cease and desist actions. If 52 a party state takes such action, it shall promptly notify the adminis- 53 trator of the coordinated licensure information system. The administra- 54 tor of the coordinated licensure information system shall promptly noti- 55 fy the home state of any such actions by remote states.S. 7579 17 1 5. A nurse practicing in a party state must comply with the state 2 practice laws of the state in which the client is located at the time 3 service is provided. The practice of nursing is not limited to patient 4 care, but shall include all nursing practice as defined by the state 5 practice laws of the party state in which the client is located. The 6 practice of nursing in a party state under a multistate licensure privi- 7 lege will subject a nurse to the jurisdiction of the licensing board, 8 the courts and the laws of the party state in which the client is 9 located at the time service is provided. 10 6. Individuals not residing in a party state shall continue to be able 11 to apply for a party state's single-state license as provided under the 12 laws of each party state. However, the single-state license granted to 13 these individuals will not be recognized as granting the privilege to 14 practice nursing in any other party state. Nothing in this compact shall 15 affect the requirements established by a party state for the issuance of 16 a single-state license. 17 7. Any nurse holding a home state multistate license, on the effective 18 date of this compact, may retain and renew the multistate license issued 19 by the nurse's then-current home state, provided that: 20 (a) A nurse, who changes primary state of residence after this 21 compact's effective date, must meet all applicable requirements under 22 subdivision three of this section to obtain a multistate license from a 23 new home state. 24 (b) A nurse who fails to satisfy the multistate licensure requirements 25 in subdivision three of this section due to a disqualifying event occur- 26 ring after this compact's effective date shall be ineligible to retain 27 or renew a multistate license, and the nurse's multistate license shall 28 be revoked or deactivated in accordance with applicable rules adopted by 29 the interstate commission of nurse licensure compact administrators 30 ("commission"). 31 § 8890. Applications for licensure in a party state. 1. Upon applica- 32 tion for a multistate license, the licensing board in the issuing party 33 state shall ascertain, through the coordinated licensure information 34 system, whether the applicant has ever held, or is the holder of, a 35 license issued by any other state, whether there are any encumbrances on 36 any license or multistate licensure privilege held by the applicant, 37 whether any adverse action has been taken against any license or multi- 38 state licensure privilege held by the applicant and whether the appli- 39 cant is currently participating in an alternative program. 40 2. A nurse may hold a multistate license, issued by the home state, in 41 only one party state at a time. 42 3. If a nurse changes primary state of residence by moving between two 43 party states, the nurse must apply for licensure in the new home state, 44 and the multistate license issued by the prior home state will be deac- 45 tivated in accordance with applicable rules adopted by the commission. 46 (a) The nurse may apply for licensure in advance of a change in prima- 47 ry state of residence. 48 (b) A multistate license shall not be issued by the new home state 49 until the nurse provides satisfactory evidence of a change in primary 50 state of residence to the new home state and satisfies all applicable 51 requirements to obtain a multistate license from the new home state. 52 4. If a nurse changes primary state of residence by moving from a 53 party state to a non-party state, the multistate license issued by the 54 prior home state will convert to a single-state license, valid only in 55 the former home state.S. 7579 18 1 § 8891. Additional authorities invested in party state licensing 2 boards. 1. In addition to the other powers conferred by state law, a 3 licensing board shall have the authority to: 4 (a) Take adverse action against a nurse's multistate licensure privi- 5 lege to practice within that party state. 6 (i) Only the home state shall have the power to take adverse action 7 against a nurse's license issued by the home state. 8 (ii) For purposes of taking adverse action, the home state licensing 9 board shall give the same priority and effect to reported conduct 10 received from a remote state as it would if such conduct had occurred 11 within the home state. In so doing, the home state shall apply its own 12 state laws to determine appropriate action. 13 (b) Issue cease and desist orders or impose an encumbrance on a 14 nurse's authority to practice within that party state. 15 (c) Complete any pending investigations of a nurse who changes primary 16 state of residence during the course of such investigations. The licens- 17 ing board shall also have the authority to take appropriate action or 18 actions and shall promptly report the conclusions of such investigations 19 to the administrator of the coordinated licensure information system. 20 The administrator of the coordinated licensure information system shall 21 promptly notify the new home state of any such actions. 22 (d) Issue subpoenas for both hearings and investigations that require 23 the attendance and testimony of witnesses, as well as, the production of 24 evidence. Subpoenas issued by a licensing board in a party state for the 25 attendance and testimony of witnesses or the production of evidence from 26 another party state shall be enforced in the latter state by any court 27 of competent jurisdiction, according to the practice and procedure of 28 that court applicable to subpoenas issued in proceedings pending before 29 it. The issuing authority shall pay any witness fees, travel expenses, 30 mileage and other fees required by the service statutes of the state in 31 which the witnesses or evidence are located. 32 (e) Obtain and submit, for each nurse licensure applicant, fingerprint 33 or other biometric-based information to the federal bureau of investi- 34 gation for criminal background checks, receive the results of the feder- 35 al bureau of investigation record search on criminal background checks 36 and use the results in making licensure decisions. 37 (f) If otherwise permitted by state law, recover from the affected 38 nurse the costs of investigations and disposition of cases resulting 39 from any adverse action taken against that nurse. 40 (g) Take adverse action based on the factual findings of the remote 41 state, provided that the licensing board follows its own procedures for 42 taking such adverse action. 43 2. If adverse action is taken by the home state against a nurse's 44 multistate license, the nurse's multistate licensure privilege to prac- 45 tice in all other party states shall be deactivated until all encum- 46 brances have been removed from the multistate license. All home state 47 disciplinary orders that impose adverse action against a nurse's multi- 48 state license shall include a statement that the nurse's multistate 49 licensure privilege is deactivated in all party states during the 50 pendency of the order. 51 3. Nothing in this compact shall override a party state's decision 52 that participation in an alternative program may be used in lieu of 53 adverse action. The home state licensing board shall deactivate the 54 multistate licensure privilege under the multistate license of any nurse 55 for the duration of the nurse's participation in an alternative program.S. 7579 19 1 § 8892. Coordinated licensure information system and exchange of 2 information. 1. All party states shall participate in a coordinated 3 licensure information system of all licensed registered nurses (RN's) 4 and licensed practical/vocational nurses (LPN's/VN's). This system will 5 include information on the licensure and disciplinary history of each 6 nurse, as submitted by party states, to assist in the coordination of 7 nurse licensure and enforcement efforts. 8 2. The commission, in consultation with the administrator of the coor- 9 dinated licensure information system, shall formulate necessary and 10 proper procedures for the identification, collection and exchange of 11 information under this compact. 12 3. All licensing boards shall promptly report to the coordinated 13 licensure information system any adverse action, any current significant 14 investigative information, denials of applications, with the reasons for 15 such denials, and nurse participation in alternative programs known to 16 the licensing board regardless of whether such participation is deemed 17 nonpublic or confidential under state law. 18 4. Current significant investigative information and participation in 19 nonpublic or confidential alternative programs shall be transmitted 20 through the coordinated licensure information system only to party state 21 licensing boards. 22 5. Notwithstanding any other provision of law, all party state licens- 23 ing boards contributing information to the coordinated licensure infor- 24 mation system may designate information that may not be shared with 25 non-party states or disclosed to other entities or individuals without 26 the express permission of the contributing state. 27 6. Any personally identifiable information obtained from the coordi- 28 nated licensure information system by a party state licensing board 29 shall not be shared with non-party states or disclosed to other entities 30 or individuals except to the extent permitted by the laws of the party 31 state contributing the information. 32 7. Any information contributed to the coordinated licensure informa- 33 tion system that is subsequently required to be expunged by the laws of 34 the party state contributing that information shall also be expunged 35 from the coordinated licensure information system. 36 8. The compact administrator of each party state shall furnish a 37 uniform data set to the compact administrator of each other party state, 38 which shall include, at a minimum: 39 (a) Identifying information; 40 (b) Licensure data; 41 (c) Information related to alternative program participation; and 42 (d) Other information that may facilitate the administration of this 43 compact, as determined by commission rules. 44 9. The compact administrator of a party state shall provide all inves- 45 tigative documents and information requested by another party state. 46 § 8893. Establishment of the interstate commission of nurse licensure 47 compact administrators. 48 1. The party states hereby create and establish a joint public entity 49 known as the interstate commission of nurse licensure compact adminis- 50 trators. 51 (a) The commission is an instrumentality of the party states. 52 (b) Venue is proper, and judicial proceedings by or against the 53 commission shall be brought solely and exclusively, in a court of compe- 54 tent jurisdiction where the principal office of the commission is 55 located. The commission may waive venue and jurisdictional defenses toS. 7579 20 1 the extent it adopts or consents to participate in alternative dispute 2 resolution proceedings. 3 (c) Nothing in this compact shall be construed to be a waiver of 4 sovereign immunity. 5 2. Membership, voting and meetings: 6 (a) Each party state shall have and be limited to one administrator. 7 The head of the state licensing board or designee shall be the adminis- 8 trator of this compact for each party state. Any administrator may be 9 removed or suspended from office as provided by the law of the state 10 from which the administrator is appointed. Any vacancy occurring in the 11 commission shall be filled in accordance with the laws of the party 12 state in which the vacancy exists. 13 (b) Each administrator shall be entitled to one vote with regard to 14 the promulgation of rules and creation of bylaws and shall otherwise 15 have an opportunity to participate in the business and affairs of the 16 commission. An administrator shall vote in person or by such other means 17 as provided in the bylaws. The bylaws may provide for an administrator's 18 participation in meetings by telephone or other means of communication. 19 (c) The commission shall meet at least once during each calendar year. 20 Additional meetings shall be held as set forth in the bylaws or rules of 21 the commission. 22 (d) All meetings shall be open to the public, and public notice of 23 meetings shall be given in the same manner as required under the rule- 24 making provisions in section eighty-eight hundred ninety-four of this 25 article. 26 (e) The commission may convene in a closed, nonpublic meeting if the 27 commission must discuss: 28 (i) Noncompliance of a party state with its obligations under this 29 compact; 30 (ii) The employment, compensation, discipline or other personnel 31 matters, practices or procedures related to specific employees or other 32 matters related to the commission's internal personnel practices and 33 procedures; 34 (iii) Current, threatened or reasonably anticipated litigation; 35 (iv) Negotiation of contracts for the purchase or sale of goods, 36 services or real estate; 37 (v) Accusing any person of a crime or formally censuring any person; 38 (vi) Disclosure of trade secrets or commercial or financial informa- 39 tion that is privileged or confidential; 40 (vii) Disclosure of information of a personal nature where disclosure 41 would constitute a clearly unwarranted invasion of personal privacy; 42 (viii) Disclosure of investigatory records compiled for law enforce- 43 ment purposes; 44 (ix) Disclosure of information related to any reports prepared by or 45 on behalf of the commission for the purpose of investigation of compli- 46 ance with this compact; or 47 (x) Matters specifically exempted from disclosure by federal or state 48 statute. 49 (f) If a meeting, or portion of a meeting, is closed pursuant to this 50 provision, the commission's legal counsel or designee shall certify that 51 the meeting may be closed and shall reference each relevant exempting 52 provision. The commission shall keep minutes that fully and clearly 53 describe all matters discussed in a meeting and shall provide a full and 54 accurate summary of actions taken, and the reasons therefor, including a 55 description of the views expressed. All documents considered in 56 connection with an action shall be identified in such minutes. AllS. 7579 21 1 minutes and documents of a closed meeting shall remain under seal, 2 subject to release by a majority vote of the commission or order of a 3 court of competent jurisdiction. 4 3. The commission shall, by a majority vote of the administrators, 5 prescribe bylaws or rules to govern its conduct as may be necessary or 6 appropriate to carry out the purposes and exercise the powers of this 7 compact, including but not limited to: 8 (a) Establishing the fiscal year of the commission; 9 (b) Providing reasonable standards and procedures: 10 (i) For the establishment and meetings of other committees; and 11 (ii) Governing any general or specific delegation of any authority or 12 function of the commission; 13 (c) Providing reasonable procedures for calling and conducting meet- 14 ings of the commission, ensuring reasonable advance notice of all meet- 15 ings and providing an opportunity for attendance of such meetings by 16 interested parties, with enumerated exceptions designed to protect the 17 public's interest, the privacy of individuals, and proprietary informa- 18 tion, including trade secrets. The commission may meet in closed session 19 only after a majority of the administrators vote to close a meeting in 20 whole or in part. As soon as practicable, the commission must make 21 public a copy of the vote to close the meeting revealing the vote of 22 each administrator, with no proxy votes allowed; 23 (d) Establishing the titles, duties and authority and reasonable 24 procedures for the election of the officers of the commission; 25 (e) Providing reasonable standards and procedures for the establish- 26 ment of the personnel policies and programs of the commission. Notwith- 27 standing any civil service or other similar laws of any party state, the 28 bylaws shall exclusively govern the personnel policies and programs of 29 the commission; and 30 (f) Providing a mechanism for winding up the operations of the commis- 31 sion and the equitable disposition of any surplus funds that may exist 32 after the termination of this compact after the payment or reserving of 33 all of its debts and obligations. 34 4. The commission shall publish its bylaws and rules, and any amend- 35 ments thereto, in a convenient form on the website of the commission. 36 5. The commission shall maintain its financial records in accordance 37 with the bylaws. 38 6. The commission shall meet and take such actions as are consistent 39 with the provisions of this compact and the bylaws. 40 7. The commission shall have the following powers: 41 (a) To promulgate uniform rules to facilitate and coordinate implemen- 42 tation and administration of this compact. The rules shall have the 43 force and effect of law and shall be binding in all party states; 44 (b) To bring and prosecute legal proceedings or actions in the name of 45 the commission, provided that the standing of any licensing board to sue 46 or be sued under applicable law shall not be affected; 47 (c) To purchase and maintain insurance and bonds; 48 (d) To borrow, accept or contract for services of personnel, includ- 49 ing, but not limited to, employees of a party state or nonprofit organ- 50 izations; 51 (e) To cooperate with other organizations that administer state 52 compacts related to the regulation of nursing, including but not limited 53 to sharing administrative or staff expenses, office space or other 54 resources; 55 (f) To hire employees, elect or appoint officers, fix compensation, 56 define duties, grant such individuals appropriate authority to carry outS. 7579 22 1 the purposes of this compact, and to establish the commission's person- 2 nel policies and programs relating to conflicts of interest, qualifica- 3 tions of personnel and other related personnel matters; 4 (g) To accept any and all appropriate donations, grants and gifts of 5 money, equipment, supplies, materials and services, and to receive, 6 utilize and dispose of the same; provided that at all times the commis- 7 sion shall avoid any appearance of impropriety or conflict of interest; 8 (h) To lease, purchase, accept appropriate gifts or donations of, or 9 otherwise to own, hold, improve or use, any property, whether real, 10 personal or mixed; provided that at all times the commission shall avoid 11 any appearance of impropriety; 12 (i) To sell, convey, mortgage, pledge, lease, exchange, abandon or 13 otherwise dispose of any property, whether real, personal or mixed; 14 (j) To establish a budget and make expenditures; 15 (k) To borrow money; 16 (l) To appoint committees, including advisory committees comprised of 17 administrators, state nursing regulators, state legislators or their 18 representatives, and consumer representatives, and other such interested 19 persons; 20 (m) To provide and receive information from, and to cooperate with, 21 law enforcement agencies; 22 (n) To adopt and use an official seal; and 23 (o) To perform such other functions as may be necessary or appropriate 24 to achieve the purposes of this compact consistent with the state regu- 25 lation of nurse licensure and practice. 26 8. Financing of the commission: 27 (a) The commission shall pay, or provide for the payment of, the 28 reasonable expenses of its establishment, organization and ongoing 29 activities. 30 (b) The commission may also levy on and collect an annual assessment 31 from each party state to cover the cost of its operations, activities 32 and staff in its annual budget as approved each year. The aggregate 33 annual assessment amount, if any, shall be allocated based upon a formu- 34 la to be determined by the commission, which shall promulgate a rule 35 that is binding upon all party states. 36 (c) The commission shall not incur obligations of any kind prior to 37 securing the funds adequate to meet the same; nor shall the commission 38 pledge the credit of any of the party states, except by, and with the 39 authority of, such party state. 40 (d) The commission shall keep accurate accounts of all receipts and 41 disbursements. The receipts and disbursements of the commission shall be 42 subject to the audit and accounting procedures established under its 43 bylaws. However, all receipts and disbursements of funds handled by the 44 commission shall be audited yearly by a certified or licensed public 45 accountant, and the report of the audit shall be included in and become 46 part of the annual report of the commission. 47 9. Qualified immunity, defense and indemnification: 48 (a) The administrators, officers, executive director, employees and 49 representatives of the commission shall be immune from suit and liabil- 50 ity, either personally or in their official capacity, for any claim for 51 damage to or loss of property or personal injury or other civil liabil- 52 ity caused by or arising out of any actual or alleged act, error or 53 omission that occurred, or that the person against whom the claim is 54 made had a reasonable basis for believing occurred, within the scope of 55 commission employment, duties or responsibilities; provided that nothing 56 in this paragraph shall be construed to protect any such person fromS. 7579 23 1 suit or liability for any damage, loss, injury or liability caused by 2 the intentional, willful or wanton misconduct of that person. 3 (b) The commission shall defend any administrator, officer, executive 4 director, employee or representative of the commission in any civil 5 action seeking to impose liability arising out of any actual or alleged 6 act, error or omission that occurred within the scope of commission 7 employment, duties or responsibilities, or that the person against whom 8 the claim is made had a reasonable basis for believing occurred within 9 the scope of commission employment, duties or responsibilities; provided 10 that nothing herein shall be construed to prohibit that person from 11 retaining his or her own counsel; and provided further that the actual 12 or alleged act, error or omission did not result from that person's 13 intentional, willful or wanton misconduct. 14 (c) The commission shall indemnify and hold harmless any administra- 15 tor, officer, executive director, employee or representative of the 16 commission for the amount of any settlement or judgment obtained against 17 that person arising out of any actual or alleged act, error or omission 18 that occurred within the scope of commission employment, duties or 19 responsibilities, or that such person had a reasonable basis for believ- 20 ing occurred within the scope of commission employment, duties or 21 responsibilities, provided that the actual or alleged act, error or 22 omission did not result from the intentional, willful or wanton miscon- 23 duct of that person. 24 § 8894. Rulemaking. 1. The commission shall exercise its rulemaking 25 powers pursuant to the criteria set forth in this article and the rules 26 adopted thereunder. Rules and amendments shall become binding as of the 27 date specified in each rule or amendment and shall have the same force 28 and effect as provisions of this compact. 29 2. Rules or amendments to the rules shall be adopted at a regular or 30 special meeting of the commission. 31 3. Prior to promulgation and adoption of a final rule or rules by the 32 commission, and at least sixty days in advance of the meeting at which 33 the rule will be considered and voted upon, the commission shall file a 34 notice of proposed rulemaking: 35 (a) On the website of the commission; and 36 (b) On the website of each licensing board or the publication in which 37 each state would otherwise publish proposed rules. 38 4. The notice of proposed rulemaking shall include: 39 (a) The proposed time, date and location of the meeting in which the 40 rule will be considered and voted upon; 41 (b) The text of the proposed rule or amendment, and the reason for the 42 proposed rule; 43 (c) A request for comments on the proposed rule from any interested 44 person; and 45 (d) The manner in which interested persons may submit notice to the 46 commission of their intention to attend the public hearing and any writ- 47 ten comments. 48 5. Prior to adoption of a proposed rule, the commission shall allow 49 persons to submit written data, facts, opinions and arguments, which 50 shall be made available to the public. 51 6. The commission shall grant an opportunity for a public hearing 52 before it adopts a rule or amendment. 53 7. The commission shall publish the place, time and date of the sched- 54 uled public hearing. 55 (a) Hearings shall be conducted in a manner providing each person who 56 wishes to comment a fair and reasonable opportunity to comment orally orS. 7579 24 1 in writing. All hearings will be recorded, and a copy will be made 2 available upon request. 3 (b) Nothing in this section shall be construed as requiring a separate 4 hearing on each rule. Rules may be grouped for the convenience of the 5 commission at hearings required by this section. 6 8. If no one appears at the public hearing, the commission may proceed 7 with promulgation of the proposed rule. 8 9. Following the scheduled hearing date, or by the close of business 9 on the scheduled hearing date if the hearing was not held, the commis- 10 sion shall consider all written and oral comments received. 11 10. The commission shall, by majority vote of all administrators, take 12 final action on the proposed rule and shall determine the effective date 13 of the rule, if any, based on the rulemaking record and the full text of 14 the rule. 15 11. Upon determination that an emergency exists, the commission may 16 consider and adopt an emergency rule without prior notice, opportunity 17 for comment or hearing, provided that the usual rulemaking procedures 18 provided in this compact and in this section shall be retroactively 19 applied to the rule as soon as reasonably possible, in no event later 20 than ninety days after the effective date of the rule. For the purposes 21 of this subdivision, an emergency rule is one that must be adopted imme- 22 diately in order to: 23 (a) Meet an imminent threat to public health, safety or welfare; 24 (b) Prevent a loss of commission or party state funds; or 25 (c) Meet a deadline for the promulgation of an administrative rule 26 that is required by federal law or rule. 27 12. The commission may direct revisions to a previously adopted rule 28 or amendment for purposes of correcting typographical errors, errors in 29 format, errors in consistency or grammatical errors. Public notice of 30 any revisions shall be posted on the website of the commission. The 31 revision shall be subject to challenge by any person for a period of 32 thirty days after posting. The revision may be challenged only on 33 grounds that the revision results in a material change to a rule. A 34 challenge shall be made in writing, and delivered to the commission, 35 prior to the end of the notice period. If no challenge is made, the 36 revision will take effect without further action. If the revision is 37 challenged, the revision may not take effect without the approval of the 38 commission. 39 § 8895. Oversight, dispute resolution and enforcement. 1. Oversight. 40 (a) Each party state shall enforce this compact and take all actions 41 necessary and appropriate to effectuate this compact's purposes and 42 intent. 43 (b) The commission shall be entitled to receive service of process in 44 any proceeding that may affect the powers, responsibilities or actions 45 of the commission, and shall have standing to intervene in such a 46 proceeding for all purposes. Failure to provide service of process in 47 such proceeding to the commission shall render a judgment or order void 48 as to the commission, this compact or promulgated rules. 49 2. Default, technical assistance and termination. (a) If the commis- 50 sion determines that a party state has defaulted in the performance of 51 its obligations or responsibilities under this compact or the promulgat- 52 ed rules, the commission shall: 53 (i) Provide written notice to the defaulting state and other party 54 states of the nature of the default, the proposed means of curing the 55 default or any other action to be taken by the commission; andS. 7579 25 1 (ii) Provide remedial training and specific technical assistance 2 regarding the default. 3 (b) If a state in default fails to cure the default, the defaulting 4 state's membership in this compact may be terminated upon an affirmative 5 vote of a majority of the administrators, and all rights, privileges and 6 benefits conferred by this compact may be terminated on the effective 7 date of termination. A cure of the default does not relieve the offend- 8 ing state of obligations or liabilities incurred during the period of 9 default. 10 (c) Termination of membership in this compact shall be imposed only 11 after all other means of securing compliance have been exhausted. Notice 12 of intent to suspend or terminate shall be given by the commission to 13 the governor of the defaulting state and to the executive officer of the 14 defaulting state's licensing board and each of the party states. 15 (d) A state whose membership in this compact has been terminated is 16 responsible for all assessments, obligations and liabilities incurred 17 through the effective date of termination, including obligations that 18 extend beyond the effective date of termination. 19 (e) The commission shall not bear any costs related to a state that is 20 found to be in default or whose membership in this compact has been 21 terminated unless agreed upon in writing between the commission and the 22 defaulting state. 23 (f) The defaulting state may appeal the action of the commission by 24 petitioning the United States District Court for the District of Colum- 25 bia or the federal district in which the commission has its principal 26 offices. The prevailing party shall be awarded all costs of such liti- 27 gation, including reasonable attorneys' fees. 28 3. Dispute resolution. (a) Upon request by a party state, the commis- 29 sion shall attempt to resolve disputes related to the compact that arise 30 among party states and between party and non-party states. 31 (b) The commission shall promulgate a rule providing for both medi- 32 ation and binding dispute resolution for disputes, as appropriate. 33 (c) In the event the commission cannot resolve disputes among party 34 states arising under this compact: 35 (i) The party states may submit the issues in dispute to an arbi- 36 tration panel, which will be comprised of individuals appointed by the 37 compact administrator in each of the affected party states and an indi- 38 vidual mutually agreed upon by the compact administrators of all the 39 party states involved in the dispute. 40 (ii) The decision of a majority of the arbitrators shall be final and 41 binding. 42 4. Enforcement. (a) The commission, in the reasonable exercise of its 43 discretion, shall enforce the provisions and rules of this compact. 44 (b) By majority vote, the commission may initiate legal action in the 45 United States District Court for the District of Columbia or the federal 46 district in which the commission has its principal offices against a 47 party state that is in default to enforce compliance with the provisions 48 of this compact and its promulgated rules and bylaws. The relief sought 49 may include both injunctive relief and damages. In the event judicial 50 enforcement is necessary, the prevailing party shall be awarded all 51 costs of such litigation, including reasonable attorneys' fees. 52 3. The remedies herein shall not be the exclusive remedies of the 53 commission. The commission may pursue any other remedies available under 54 federal or state law. 55 § 8896. Effective date, withdrawal and amendment.S. 7579 26 1 1. This compact shall become effective and binding on the earlier of 2 the date of legislative enactment of this compact into law by no less 3 than twenty-six states or December thirty-first, two thousand eighteen. 4 All party states to this compact, that also were parties to the prior 5 nurse licensure compact, superseded by this compact, ("prior compact"), 6 shall be deemed to have withdrawn from said prior compact within six 7 months after the effective date of this compact. 8 2. Each party state to this compact shall continue to recognize a 9 nurse's multistate licensure privilege to practice in that party state 10 issued under the prior compact until such party state has withdrawn from 11 the prior compact. 12 3. Any party state may withdraw from this compact by enacting a stat- 13 ute repealing the same. A party state's withdrawal shall not take effect 14 until six months after enactment of the repealing statute. 15 4. A party state's withdrawal or termination shall not affect the 16 continuing requirement of the withdrawing or terminated state's licens- 17 ing board to report adverse actions and significant investigations 18 occurring prior to the effective date of such withdrawal or termination. 19 5. Nothing contained in this compact shall be construed to invalidate 20 or prevent any nurse licensure agreement or other cooperative arrange- 21 ment between a party state and a non-party state that is made in accord- 22 ance with the other provisions of this compact. 23 6. This compact may be amended by the party states. No amendment to 24 this compact shall become effective and binding upon the party states 25 unless and until it is enacted into the laws of all party states. 26 7. Representatives of non-party states to this compact shall be 27 invited to participate in the activities of the commission, on a nonvot- 28 ing basis, prior to the adoption of this compact by all states. 29 § 8897. Construction and severability. This compact shall be liberally 30 construed so as to effectuate the purposes thereof. The provisions of 31 this compact shall be severable, and if any phrase, clause, sentence or 32 provision of this compact is declared to be contrary to the constitution 33 of any party state or of the United States, or if the applicability 34 thereof to any government, agency, person or circumstance is held inval- 35 id, the validity of the remainder of this compact and the applicability 36 thereof to any government, agency, person or circumstance shall not be 37 affected thereby. If this compact shall be held to be contrary to the 38 constitution of any party state, this compact shall remain in full force 39 and effect as to the remaining party states and in full force and effect 40 as to the party state affected as to all severable matters. 41 § 2. This act shall take effect immediately. 42 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 43 sion, section or part of this act shall be adjudged by any court of 44 competent jurisdiction to be invalid, such judgment shall not affect, 45 impair, or invalidate the remainder thereof, but shall be confined in 46 its operation to the clause, sentence, paragraph, subdivision, section 47 or part thereof directly involved in the controversy in which such judg- 48 ment shall have been rendered. It is hereby declared to be the intent of 49 the legislature that this act would have been enacted even if such 50 invalid provisions had not been included herein. 51 § 3. This act shall take effect immediately provided, however, that 52 the applicable effective date of Parts A through B of this act shall be 53 as specifically set forth in the last section of such Parts.
