1.1.................... moves to amend H.F. No. 4247, the first engrossment, as follows:
1.2Page 44, after line 33, insert:


1.5    Section 1. [148.2855] NURSE LICENSURE COMPACT.
1.6The Nurse Licensure Compact is enacted into law and entered into with all other
1.7jurisdictions legally joining in it, in the form substantially as follows:
1.10As used in this compact:
1.11(a) "Adverse action" means any administrative, civil, equitable, or criminal action
1.12permitted by a state's law that is imposed by a licensing board or other authority against a
1.13nurse, including actions against an individual's license or multistate licensure privilege such
1.14as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
1.15practice, or any other encumbrance on licensure affecting a nurse's authorization to practice,
1.16including issuance of a cease and desist action.
1.17(b) "Alternative program" means a nondisciplinary monitoring program approved by a
1.18licensing board.
1.19(c) "Coordinated licensure information system" means an integrated process for collecting,
1.20storing, and sharing information on nurse licensure and enforcement activities related to
1.21nurse licensure laws that is administered by a nonprofit organization composed of and
1.22controlled by licensing boards.
1.23(d) "Current significant investigative information" means:
2.1(1) investigative information that a licensing board, after a preliminary inquiry that
2.2includes notification and an opportunity for the nurse to respond, if required by state law,
2.3has reason to believe is not groundless and, if proved true, would indicate more than a minor
2.4infraction; or
2.5(2) investigative information that indicates that the nurse represents an immediate threat
2.6to public health and safety, regardless of whether the nurse has been notified and had an
2.7opportunity to respond.
2.8(e) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
2.9and unrestricted practice of nursing imposed by a licensing board.
2.10(f) "Home state" means the party state that is the nurse's primary state of residence.
2.11(g) "Licensing board" means a party state's regulatory body responsible for issuing nurse
2.12licenses.
2.13(h) "Multistate license" means a license to practice as a registered or a licensed
2.14practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes
2.15the licensed nurse to practice in all party states under a multistate licensure privilege.
2.16(i) "Multistate licensure privilege" means a legal authorization associated with a multistate
2.17license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in
2.18a remote state.
2.19(j) "Nurse" means an RN or LPN/VN, as those terms are defined by each party state's
2.20practice laws.
2.21(k) "Party state" means any state that has adopted this compact.
2.22(l) "Remote state" means a party state other than the home state.
2.23(m) "Single-state license" means a nurse license issued by a party state that authorizes
2.24practice only within the issuing state and does not include a multistate licensure privilege
2.25to practice in any other party state.
2.26(n) "State" means a state, territory, or possession of the United States and the District
2.27of Columbia.
2.28(o) "State practice laws" means a party state's laws, rules, and regulations that govern
2.29the practice of nursing, define the scope of nursing practice, and create the methods and
2.30grounds for imposing discipline. State practice laws do not include requirements necessary
2.31to obtain and retain a license, except for qualifications or requirements of the home state.
3.2(a) A multistate license to practice registered or licensed practical/vocational nursing
3.3issued by a home state to a resident in that state will be recognized by each party state as
3.4authorizing a nurse to practice as an RN or LPN/VN under a multistate licensure privilege
3.5in each party state.
3.6(b) A state must implement procedures for considering the criminal history records of
3.7applicants for initial multistate license or licensure by endorsement. The procedures shall
3.8include the submission of fingerprints or other biometric-based information by applicants
3.9for the purpose of obtaining an applicant's criminal history record information from the
3.10Federal Bureau of Investigation and the agency responsible for retaining that state's criminal
3.11records.
3.12(c) Each party state shall require the following for an applicant to obtain or retain a
3.13multistate license in the home state:
3.14(1) meets the home state's qualifications for licensure or renewal of licensure, as well
3.15as all other applicable state laws;
3.16(2)(i) has graduated or is eligible to graduate from a licensing board-approved RN or
3.17LPN/VN prelicensure education program; or
3.18(ii) has graduated from a foreign RN or LPN/VN prelicensure education program that:
3.19(A) has been approved by the authorized accrediting body in the applicable country; and
3.20(B) has been verified by an independent credentials review agency to be comparable to
3.21a licensing board-approved prelicensure education program;
3.22(3) has, if a graduate of a foreign prelicensure education program not taught in English
3.23or if English is not the individual's native language, successfully passed an English
3.24proficiency examination that includes the components of reading, speaking, writing, and
3.25listening;
3.26(4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized
3.27predecessor, as applicable;
3.28(5) is eligible for or holds an active, unencumbered license;
3.29(6) has submitted, in connection with an application for initial licensure or licensure by
3.30endorsement, fingerprints or other biometric data for the purpose of obtaining criminal
3.31history record information from the Federal Bureau of Investigation and the agency
3.32responsible for retaining that state's criminal records;
4.1(7) has not been convicted or found guilty, or has entered into an agreed disposition, of
4.2a felony offense under applicable state or federal criminal law;
4.3(8) has not been convicted or found guilty, or has entered into an agreed disposition, of
4.4a misdemeanor offense related to the practice of nursing as determined on a case-by-case
4.5basis;
4.6(9) is not currently enrolled in an alternative program;
4.7(10) is subject to self-disclosure requirements regarding current participation in an
4.8alternative program; and
4.9(11) has a valid United States Social Security number.
4.10(d) All party states shall be authorized, in accordance with existing state due process
4.11law, to take adverse action against a nurse's multistate licensure privilege such as revocation,
4.12suspension, probation, or any other action that affects a nurse's authorization to practice
4.13under a multistate licensure privilege, including cease and desist actions. If a party state
4.14takes such action, it shall promptly notify the administrator of the coordinated licensure
4.15information system. The administrator of the coordinated licensure information system shall
4.16promptly notify the home state of any such actions by remote states.
4.17(e) A nurse practicing in a party state must comply with the state practice laws of the
4.18state in which the client is located at the time service is provided. The practice of nursing
4.19is not limited to patient care, but shall include all nursing practice as defined by the state
4.20practice laws of the party state in which the client is located. The practice of nursing in a
4.21party state under a multistate licensure privilege shall subject a nurse to the jurisdiction of
4.22the licensing board, the courts, and the laws of the party state in which the client is located
4.23at the time service is provided.
4.24(f) Individuals not residing in a party state shall continue to be able to apply for a party
4.25state's single-state license as provided under the laws of each party state. However, the
4.26single-state license granted to these individuals will not be recognized as granting the
4.27privilege to practice nursing in any other party state. Nothing in this compact shall affect
4.28the requirements established by a party state for the issuance of a single-state license.
4.29(g) Any nurse holding a home state multistate license, on the effective date of this
4.30compact, may retain and renew the multistate license issued by the nurse's then-current
4.31home state, provided that:
5.1(1) a nurse, who changes primary state of residence after this compact's effective date,
5.2must meet all applicable paragraph (c) requirements to obtain a multistate license from a
5.3new home state; or
5.4(2) a nurse who fails to satisfy the multistate licensure requirements in paragraph (c)
5.5due to a disqualifying event occurring after this compact's effective date shall be ineligible
5.6to retain or renew a multistate license, and the nurse's multistate license shall be revoked
5.7or deactivated in accordance with applicable rules adopted by the Interstate Commission
5.8of Nurse Licensure Compact Administrators ("Commission").
5.11(a) Upon application for a multistate license, the licensing board in the issuing party
5.12state shall ascertain, through the coordinated licensure information system, whether the
5.13applicant has ever held or is the holder of a license issued by any other state, whether there
5.14are any encumbrances on any license or multistate licensure privilege held by the applicant,
5.15whether any adverse action has been taken against any license or multistate licensure privilege
5.16held by the applicant, and whether the applicant is currently participating in an alternative
5.17program.
5.18(b) A nurse may hold a multistate license issued by the home state in only one party
5.19state at a time.
5.20(c) If a nurse changes primary state of residence by moving between two party states,
5.21the nurse must apply for licensure in the new home state, and the multistate license issued
5.22by the prior home state will be deactivated in accordance with applicable rules adopted by
5.23the commission:
5.24(1) the nurse may apply for licensure in advance of a change in primary state of residence;
5.25and
5.26(2) a multistate license shall not be issued by the new home state until the nurse provides
5.27satisfactory evidence of a change in primary state of residence to the new home state and
5.28satisfies all applicable requirements to obtain a multistate license from the new home state.
5.29(d) If a nurse changes primary state of residence by moving from a party state to a
5.30nonparty state, the multistate license issued by the prior home state will convert to a
5.31single-state license, valid only in the former home state.
6.2(a) In addition to the other powers conferred by state law, a licensing board shall have
6.3the authority to:
6.4(1) take adverse action against a nurse's multistate licensure privilege to practice within
6.5that party state:
6.6(i) only the home state shall have the power to take adverse action against a nurse's
6.7license issued by the home state; and
6.8(ii) for purposes of taking adverse action, the home state licensing board shall give the
6.9same priority and effect to reported conduct received from a remote state as it would if the
6.10conduct occurred within the home state. In so doing, the home state shall apply its own state
6.11laws to determine appropriate action;
6.12(2) issue cease and desist orders or impose an encumbrance on a nurse's authority to
6.13practice within that party state;
6.14(3) complete any pending investigations of a nurse who changes primary state of residence
6.15during the course of the investigations. The licensing board shall also have the authority to
6.16take appropriate action and shall promptly report the conclusions of the investigations to
6.17the administrator of the coordinated licensure information system. The administrator of the
6.18coordinated licensure information system shall promptly notify the new home state of any
6.19such actions;
6.20(4) issue subpoenas for hearings and investigations that require the attendance and
6.21testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing
6.22board in a party state for the attendance and testimony of witnesses or the production of
6.23evidence from another party state shall be enforced in the latter state by any court of
6.24competent jurisdiction according to the practice and procedure of that court applicable to
6.25subpoenas issued in proceedings pending before it. The issuing authority shall pay any
6.26witness fees, travel expenses, mileage, and other fees required by the service statutes of the
6.27state in which the witnesses or evidence are located;
6.28(5) obtain and submit, for each nurse licensure applicant, fingerprint or other
6.29biometric-based information to the Federal Bureau of Investigation for criminal background
6.30checks, receive the results of the Federal Bureau of Investigation record search on criminal
6.31background checks, and use the results in making licensure decisions;
7.1(6) if otherwise permitted by state law, recover from the affected nurse the costs of
7.2investigations and disposition of cases resulting from any adverse action taken against that
7.3nurse; and
7.4(7) take adverse action based on the factual findings of the remote state, provided that
7.5the licensing board follows its own procedures for taking such adverse action.
7.6(b) If adverse action is taken by the home state against a nurse's multistate license, the
7.7nurse's multistate licensure privilege to practice in all other party states shall be deactivated
7.8until all encumbrances have been removed from the multistate license. All home state
7.9disciplinary orders that impose adverse action against a nurse's multistate license shall
7.10include a statement that the nurse's multistate licensure privilege is deactivated in all party
7.11states during the pendency of the order.
7.12(c) Nothing in this compact shall override a party state's decision that participation in
7.13an alternative program may be used in lieu of adverse action. The home state licensing board
7.14shall deactivate the multistate licensure privilege under the multistate license of any nurse
7.15for the duration of the nurse's participation in an alternative program.
7.19(a) All party states shall participate in a coordinated licensure information system of
7.20RNs and LPNs. The system will include information on the licensure and disciplinary history
7.21of each nurse, as submitted by party states, to assist in the coordination of nurse licensure
7.22and enforcement efforts.
7.23(b) The commission, in consultation with the administrator of the coordinated licensure
7.24information system, shall formulate necessary and proper procedures for the identification,
7.25collection, and exchange of information under this compact.
7.26(c) All licensing boards shall promptly report to the coordinated licensure information
7.27system any adverse action; any current significant investigative information; denials of
7.28applications, including the reasons for the denials; and nurse participation in alternative
7.29programs known to the licensing board, regardless of whether the participation is deemed
7.30nonpublic or confidential under state law.
7.31(d) Current significant investigative information and participation in nonpublic or
7.32confidential alternative programs shall be transmitted through the coordinated licensure
7.33information system only to party state licensing boards.
8.1(e) Notwithstanding any other provision of law, all party state licensing boards
8.2contributing information to the coordinated licensure information system may designate
8.3information that shall not be shared with nonparty states or disclosed to other entities or
8.4individuals without the express permission of the contributing state.
8.5(f) Any personally identifiable information obtained from the coordinated licensure
8.6information system by a party state licensing board shall not be shared with nonparty states
8.7or disclosed to other entities or individuals except to the extent permitted by the laws of the
8.8party state contributing the information.
8.9(g) Any information contributed to the coordinated licensure information system that is
8.10subsequently required to be expunged by the laws of the party state contributing that
8.11information shall also be expunged from the coordinated licensure information system.
8.12(h) The compact administrator of each party state shall furnish a uniform data set to the
8.13compact administrator of each other party state, which shall include, at a minimum:
8.14(1) identifying information;
8.15(2) licensure data;
8.16(3) information related to alternative program participation; and
8.17(4) other information that may facilitate the administration of this compact, as determined
8.18by commission rules.
8.19(i) The compact administrator of a party state shall provide all investigative documents
8.20and information requested by another party state.
8.24(a) The party states hereby create and establish a joint public entity known as the Interstate
8.25Commission of Nurse Licensure Compact Administrators:
8.26(1) the commission is an instrumentality of the party states;
8.27(2) venue is proper, and judicial proceedings by or against the commission shall be
8.28brought solely and exclusively in a court of competent jurisdiction where the principal office
8.29of the commission is located. The commission may waive venue and jurisdictional defenses
8.30to the extent it adopts or consents to participate in alternative dispute resolution proceedings;
8.31and
9.1(3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
9.2(b) Membership, voting, and meetings:
9.3(1) each party state shall have and be limited to one administrator. The head of the state
9.4licensing board or designee shall be the administrator of this compact for each party state.
9.5Any administrator may be removed or suspended from office as provided by the laws of
9.6the state from which the administrator is appointed. Any vacancy occurring in the commission
9.7shall be filled in accordance with the laws of the party state in which the vacancy exists;
9.8(2) each administrator shall be entitled to one vote with regard to the promulgation of
9.9rules and creation of bylaws and shall otherwise have an opportunity to participate in the
9.10business and affairs of the commission. An administrator shall vote in person or by such
9.11other means as provided in the bylaws. The bylaws may provide for an administrator's
9.12participation in meetings by telephone or other means of communication;
9.13(3) the commission shall meet at least once during each calendar year. Additional
9.14meetings shall be held as set forth in the bylaws or rules of the commission;
9.15(4) all meetings shall be open to the public, and public notice of meetings shall be given
9.16in the same manner as required under the rulemaking provisions in article 7;
9.17(5) the commission may convene in a closed, nonpublic meeting if the commission must
9.18discuss:
9.19(i) noncompliance of a party state with its obligations under this compact;
9.20(ii) the employment, compensation, discipline, or other personnel matters, practices, or
9.21procedures related to specific employees or other matters related to the commission's internal
9.22personnel practices and procedures;
9.23(iii) current, threatened, or reasonably anticipated litigation;
9.24(iv) negotiation of contracts for the purchase or sale of goods, services, or real estate;
9.25(v) accusing any person of a crime or formally censuring any person;
9.26(vi) disclosure of trade secrets or commercial or financial information that is privileged
9.27or confidential;
9.28(vii) disclosure of information of a personal nature where disclosure would constitute a
9.29clearly unwarranted invasion of personal privacy;
9.30(viii) disclosure of investigatory records compiled for law enforcement purposes;
10.1(ix) disclosure of information related to any reports prepared by or on behalf of the
10.2commission for the purpose of investigation of compliance with this compact; or
10.3(x) matters specifically exempted from disclosure by federal or state statute; and
10.4(6) if a meeting or portion of a meeting is closed pursuant to this provision, the
10.5commission's legal counsel or designee shall certify that the meeting may be closed and
10.6shall reference each relevant exempting provision. The commission shall keep minutes that
10.7fully and clearly describe all matters discussed in a meeting and shall provide a full and
10.8accurate summary of actions taken and the reasons therefore, including a description of the
10.9views expressed. All documents considered in connection with an action shall be identified
10.10in the minutes. All minutes and documents of a closed meeting shall remain under seal,
10.11subject to release by a majority vote of the commission or order of a court of competent
10.12jurisdiction.
10.13(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or
10.14rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
10.15exercise the powers of this compact, including but not limited to:
10.16(1) establishing the fiscal year of the commission;
10.17(2) providing reasonable standards and procedures:
10.18(i) for the establishment and meetings of other committees; and
10.19(ii) governing any general or specific delegation of any authority or function of the
10.20commission;
10.21(3) providing reasonable procedures for calling and conducting meetings of the
10.22commission, ensuring reasonable advance notice of all meetings and providing an opportunity
10.23for attendance of the meetings by interested parties, with enumerated exceptions designed
10.24to protect the public's interest, the privacy of individuals, and proprietary information,
10.25including trade secrets. The commission may meet in closed session only after a majority
10.26of the administrators vote to close a meeting in whole or in part. As soon as practicable, the
10.27commission must make public a copy of the vote to close the meeting revealing the vote of
10.28each administrator, with no proxy votes allowed;
10.29(4) establishing the titles, duties, and authority and reasonable procedures for the election
10.30of the officers of the commission;
10.31(5) providing reasonable standards and procedures for the establishment of the personnel
10.32policies and programs of the commission. Notwithstanding any civil service or other similar
11.1laws of any party state, the bylaws shall exclusively govern the personnel policies and
11.2programs of the commission; and
11.3(6) providing a mechanism for winding up the operations of the commission and the
11.4equitable disposition of any surplus funds that may exist after the termination of this compact
11.5after the payment or reserving of all of its debts and obligations.
11.6(d) The commission shall publish its bylaws, rules, and any amendments in a convenient
11.7form on the website of the commission.
11.8(e) The commission shall maintain its financial records in accordance with the bylaws.
11.9(f) The commission shall meet and take actions consistent with the provisions of this
11.10compact and the bylaws.
11.11(g) The commission shall have the following powers:
11.12(1) to promulgate uniform rules to facilitate and coordinate implementation and
11.13administration of this compact. The rules shall have the force and effect of law and shall
11.14be binding in all party states;
11.15(2) to bring and prosecute legal proceedings or actions in the name of the commission,
11.16provided that the standing of any licensing board to sue or be sued under applicable law
11.17shall not be affected;
11.18(3) to purchase and maintain insurance and bonds;
11.19(4) to borrow, accept, or contract for services of personnel, including but not limited to
11.20employees of a party state or nonprofit organizations;
11.21(5) to cooperate with other organizations that administer state compacts related to the
11.22regulation of nursing, including but not limited to sharing administrative or staff expenses,
11.23office space, or other resources;
11.24(6) to hire employees, elect or appoint officers, fix compensation, define duties, grant
11.25such individuals appropriate authority to carry out the purposes of this compact, and establish
11.26the commission's personnel policies and programs relating to conflicts of interest,
11.27qualifications of personnel, and other related personnel matters;
11.28(7) to accept any and all appropriate donations, grants, and gifts of money, equipment,
11.29supplies, materials, and services, and to receive, utilize, and dispose of the same; provided
11.30that at all times the commission shall avoid any appearance of impropriety or conflict of
11.31interest;
12.1(8) to lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
12.2hold, improve, or use any property, whether real, personal, or mixed; provided that at all
12.3times the commission shall avoid any appearance of impropriety;
12.4(9) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
12.5of any property, whether real, personal, or mixed;
12.6(10) to establish a budget and make expenditures;
12.7(11) to borrow money;
12.8(12) to appoint committees, including advisory committees comprised of administrators,
12.9state nursing regulators, state legislators or their representatives, and consumer
12.10representatives, and other such interested persons;
12.11(13) to provide and receive information from, and to cooperate with, law enforcement
12.12agencies;
12.13(14) to adopt and use an official seal; and
12.14(15) to perform other functions as may be necessary or appropriate to achieve the purposes
12.15of this compact consistent with the state regulation of nurse licensure and practice.
12.16(h) Financing of the commission:
12.17(1) the commission shall pay or provide for the payment of the reasonable expenses of
12.18its establishment, organization, and ongoing activities;
12.19(2) the commission may also levy on and collect an annual assessment from each party
12.20state to cover the cost of its operations, activities, and staff in its annual budget as approved
12.21each year. The aggregate annual assessment amount, if any, shall be allocated based on a
12.22formula to be determined by the commission, which shall promulgate a rule that is binding
12.23upon all party states;
12.24(3) the commission shall not incur obligations of any kind prior to securing the funds
12.25adequate to meet the same; nor shall the commission pledge the credit of any of the party
12.26states, except by and with the authority of the party state; and
12.27(4) the commission shall keep accurate accounts of all receipts and disbursements. The
12.28receipts and disbursements of the commission shall be subject to the audit and accounting
12.29procedures established under its bylaws. However, all receipts and disbursements of funds
12.30handled by the commission shall be audited yearly by a certified or licensed public
12.31accountant, and the report of the audit shall be included in and become part of the annual
12.32report of the commission.
13.1(i) Qualified immunity, defense, and indemnification:
13.2(1) the administrators, officers, executive director, employees, and representatives of
13.3the commission shall be immune from suit and liability, either personally or in their official
13.4capacity, for any claim for damage to or loss of property or personal injury or other civil
13.5liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
13.6or that the person against whom the claim is made had a reasonable basis for believing
13.7occurred, within the scope of commission employment, duties, or responsibilities; provided
13.8that nothing in this paragraph shall be construed to protect any such person from suit or
13.9liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton
13.10misconduct of that person;
13.11(2) the commission shall defend any administrator, officer, executive director, employee,
13.12or representative of the commission in any civil action seeking to impose liability arising
13.13out of any actual or alleged act, error, or omission that occurred within the scope of
13.14commission employment, duties, or responsibilities, or that the person against whom the
13.15claim is made had a reasonable basis for believing occurred within the scope of commission
13.16employment, duties, or responsibilities; provided that nothing herein shall be construed to
13.17prohibit that person from retaining the person's counsel; and provided further that the actual
13.18or alleged act, error, or omission did not result from that person's intentional, willful, or
13.19wanton misconduct; and
13.20(3) the commission shall indemnify and hold harmless any administrator, officer,
13.21executive director, employee, or representative of the commission for the amount of any
13.22settlement or judgment obtained against that person arising out of any actual or alleged act,
13.23error, or omission that occurred within the scope of commission employment, duties, or
13.24responsibilities, or that the person had a reasonable basis for believing occurred within the
13.25scope of commission employment, duties, or responsibilities; provided that the actual or
13.26alleged act, error, or omission did not result from the intentional, willful, or wanton
13.27misconduct of that person.
13.30(a) The commission shall exercise its rulemaking powers pursuant to this article and the
13.31rules adopted thereunder. Rules and amendments shall become binding as of the date
13.32specified in each rule or amendment and shall have the same force and effect as provisions
13.33of this compact.
14.1(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
14.2the commission.
14.3(c) Prior to promulgation and adoption of a final rule or rules by the commission, and
14.4at least 60 days in advance of the meeting at which the rule will be considered and voted
14.5on, the commission shall file a notice of proposed rulemaking:
14.6(1) on the website of the commission; and
14.7(2) on the website of each licensing board or the publication in which the state would
14.8otherwise publish proposed rules.
14.9(d) The notice of proposed rulemaking shall include:
14.10(1) the proposed time, date, and location of the meeting in which the rule will be
14.11considered and voted on;
14.12(2) the text of the proposed rule or amendment, and the reason for the proposed rule;
14.13(3) a request for comments on the proposed rule from any interested person; and
14.14(4) the manner in which interested persons may submit notice to the commission of their
14.15intention to attend the public hearing and any written comments.
14.16(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit
14.17written data, facts, opinions, and arguments that shall be made available to the public.
14.18(f) The commission shall grant an opportunity for a public hearing before it adopts a
14.19rule or amendment.
14.20(g) The commission shall publish the place, time, and date of the scheduled public
14.21hearing:
14.22(1) hearings shall be conducted in a manner providing each person who wishes to
14.23comment a fair and reasonable opportunity to comment orally or in writing. All hearings
14.24will be recorded and a copy will be made available upon request; and
14.25(2) nothing in this section shall be construed as requiring a separate hearing on each
14.26rule. Rules may be grouped for the convenience of the commission at hearings required by
14.27this section.
14.28(h) If no person appears at the public hearing, the commission may proceed with
14.29promulgation of the proposed rule.
15.1(i) Following the scheduled hearing date or by the close of business on the scheduled
15.2hearing date if the hearing was not held, the commission shall consider all written and oral
15.3comments received.
15.4(j) The commission shall, by majority vote of all administrators, take final action on the
15.5proposed rule and shall determine the effective date of the rule, if any, based on the
15.6rulemaking record and the full text of the rule.
15.7(k) Upon determination that an emergency exists, the commission may consider and
15.8adopt an emergency rule without prior notice or opportunity for comment or hearing,
15.9provided that the usual rulemaking procedures provided in this compact and in this section
15.10shall be retroactively applied to the rule as soon as reasonably possible, in no event later
15.11than 90 days after the effective date of the rule. For the purposes of this provision, an
15.12emergency rule is one that must be adopted immediately in order to:
15.13(1) meet an imminent threat to public health, safety, or welfare;
15.14(2) prevent a loss of commission or party state funds; or
15.15(3) meet a deadline for the promulgation of an administrative rule that is required by
15.16federal law or rule.
15.17(l) The commission may direct revisions to a previously adopted rule or amendment for
15.18purposes of correcting typographical errors, errors in format, errors in consistency, or
15.19grammatical errors. Public notice of any revisions shall be posted on the website of the
15.20commission. The revision shall be subject to challenge by any person for a period of 30
15.21days after posting. The revision may be challenged only on grounds that the revision results
15.22in a material change to a rule. A challenge shall be made in writing and delivered to the
15.23commission before the end of the notice period. If no challenge is made, the revision will
15.24take effect without further action. If the revision is challenged, the revision shall not take
15.25effect without the approval of the commission.
15.28(a) Oversight:
15.29(1) each party state shall enforce this compact and take all actions necessary and
15.30appropriate to effectuate this compact's purposes and intent; and
15.31(2) the commission shall be entitled to receive service of process in any proceeding that
15.32may affect the powers, responsibilities, or actions of the commission and shall have standing
16.1to intervene in such a proceeding for all purposes. Failure to provide service of process in
16.2the proceeding to the commission shall render a judgment or order void as to the commission,
16.3this compact, or promulgated rules.
16.4(b) Default, technical assistance, and termination:
16.5(1) if the commission determines that a party state has defaulted in the performance of
16.6its obligations or responsibilities under this compact or the promulgated rules, the commission
16.7shall:
16.8(i) provide written notice to the defaulting state and other party states of the nature of
16.9the default, the proposed means of curing the default, or any other action to be taken by the
16.10commission; and
16.11(ii) provide remedial training and specific technical assistance regarding the default;
16.12(2) if a state in default fails to cure the default, the defaulting state's membership in this
16.13compact may be terminated upon an affirmative vote of a majority of the administrators,
16.14and all rights, privileges, and benefits conferred by this compact may be terminated on the
16.15effective date of termination. A cure of the default does not relieve the offending state of
16.16obligations or liabilities incurred during the period of default;
16.17(3) termination of membership in this compact shall be imposed only after all other
16.18means of securing compliance have been exhausted. Notice of intent to suspend or terminate
16.19shall be given by the commission to the governor of the defaulting state and to the executive
16.20officer of the defaulting state's licensing board and each of the party states;
16.21(4) a state whose membership in this compact has been terminated is responsible for all
16.22assessments, obligations, and liabilities incurred through the effective date of termination,
16.23including obligations that extend beyond the effective date of termination;
16.24(5) the commission shall not bear any costs related to a state that is found to be in default
16.25or whose membership in this compact has been terminated, unless agreed upon in writing
16.26between the commission and the defaulting state; and
16.27(6) the defaulting state may appeal the action of the commission by petitioning the U.S.
16.28District Court for the District of Columbia or the federal district in which the commission
16.29has its principal offices. The prevailing party shall be awarded all costs of the litigation,
16.30including reasonable attorney fees.
16.31(c) Dispute resolution:
17.1(1) upon request by a party state, the commission shall attempt to resolve disputes related
17.2to the compact that arise among party states and between party and nonparty states;
17.3(2) the commission shall promulgate a rule providing for both mediation and binding
17.4dispute resolution for disputes, as appropriate; and
17.5(3) in the event the commission cannot resolve disputes among party states arising under
17.6this compact:
17.7(i) the party states may submit the issues in dispute to an arbitration panel, that will be
17.8comprised of individuals appointed by the compact administrator in each of the affected
17.9party states and an individual mutually agreed upon by the compact administrators of all
17.10the party states involved in the dispute; and
17.11(ii) the decision of a majority of the arbitrators shall be final and binding.
17.12(d) Enforcement:
17.13(1) the commission, in the reasonable exercise of its discretion, shall enforce the
17.14provisions and rules of this compact;
17.15(2) by majority vote, the commission may initiate legal action in the U.S. District Court
17.16for the District of Columbia or the federal district in which the commission has its principal
17.17offices against a party state that is in default to enforce compliance with this compact and
17.18its promulgated rules and bylaws. The relief sought may include both injunctive relief and
17.19damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded
17.20all costs of the litigation, including reasonable attorney fees; and
17.21(3) the remedies herein shall not be the exclusive remedies of the commission. The
17.22commission may pursue any other remedies available under federal or state law.
17.25(a) This compact shall become effective and binding on the earlier of the date of
17.26legislative enactment of this compact into law by no less than twenty-six states or December
17.2731, 2018. All party states to this compact that also were parties to the prior Nurse Licensure
17.28Compact that was superseded by this compact shall be deemed to have withdrawn from the
17.29prior compact within six months after the effective date of this compact.
17.30(b) Each party state to this compact shall continue to recognize a nurse's multistate
17.31licensure privilege to practice in that party state issued under the prior compact until the
17.32party state has withdrawn from the prior compact.
18.1(c) Any party state may withdraw from this compact by legislative enactment. A party
18.2state's withdrawal shall not take effect until six months after enactment of the repealing
18.3statute.
18.4(d) A party state's withdrawal or termination shall not affect the continuing requirement
18.5of the withdrawing or terminated state's licensing board to report adverse actions and
18.6significant investigations occurring prior to the effective date of the withdrawal or
18.7termination.
18.8(e) Nothing in this compact shall be construed to invalidate or prevent any nurse licensure
18.9agreement or other cooperative arrangement between a party state and a nonparty state that
18.10is made in accordance with the other provisions of this compact.
18.11(f) This compact may be amended by the party states. No amendment to this compact
18.12shall become effective and binding upon the party states unless and until it is enacted into
18.13the laws of all party states.
18.14(g) Representatives of nonparty states to this compact shall be invited to participate in
18.15the activities of the commission on a nonvoting basis prior to the adoption of this compact
18.16by all states.
18.19This compact shall be liberally construed so as to effectuate the purposes thereof. This
18.20compact shall be severable, and if any phrase, clause, sentence, or provision of this compact
18.21is declared to be contrary to the constitution of any party state or of the United States, or if
18.22the applicability thereof to any government, agency, person, or circumstance is held invalid,
18.23the validity of the remainder of this compact and the applicability thereof to any government,
18.24agency, person, or circumstance shall not be affected thereby. If this compact is held to be
18.25contrary to the constitution of any party state, this compact shall remain in full force and
18.26effect for the remaining party states and in full force and effect for the party state affected
18.27as to all severable matters.
18.28EFFECTIVE DATE.This section is effective July 1, 2024.

18.29    Sec. 2. [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO
18.30EXISTING LAWS; FEES.
18.31(a) Section 148.2855 does not supersede existing state labor laws.
19.1(b) If the board takes action against an individual's multistate privilege, the action must
19.2be adjudicated following the procedures in sections 14.50 to 14.62 and must be subject to
19.3the judicial review provided for in sections 14.63 to 14.69.
19.4(c) The board may take action against an individual's multistate privilege based on the
19.5grounds listed in section 148.261, subdivision 1, and any other statute authorizing or requiring
19.6the board to take corrective or disciplinary action.
19.7(d) The board may take all forms of disciplinary action provided in section 148.262,
19.8subdivision 1, and corrective action provided in section 214.103, subdivision 6, against an
19.9individual's multistate privilege.
19.10(e) The cooperation requirements of section 148.265 apply to individuals who practice
19.11professional or practical nursing in Minnesota under section 148.2855.
19.12(f) Complaints against individuals who practice professional or practical nursing in
19.13Minnesota under section 148.2855 must be addressed according to sections 214.10 and
19.14214.104.
19.15EFFECTIVE DATE.This section is effective July 1, 2024."
19.16Page 46, after line 5, insert:

19.17    "Sec. 7. BOARD OF NURSING; NURSE LICENSURE COMPACT.
19.18$157,000 in fiscal year 2025 is appropriated from the state government special revenue
19.19fund to the Board of Nursing to implement the Nurse Licensure Compact under Minnesota
19.20Statutes, section 148.2855. The state government special revenue fund base for this
19.21appropriation is $6,000 in fiscal year 2026 and $6,000 in fiscal year 2027."
19.22Renumber the articles in sequence
19.23Amend the title accordingly