[ ] is old law to be omitted.
LBD06600-01-9
S. 8945 2
tute for current licensing requirements, and manners in which state
agencies, regulatory bodies and licensing entities can adopt procedures
sensitive to the difficulties encountered by military spouses. The work-
group shall submit any findings, including any recommendations for
legislative action to the governor, the temporary president of the
senate and the speaker of the assembly by January 1, 2020.
§ 3. This act shall take effect immediately.
PART B
Section 1. Subdivision 1 of section 3006 of the education law is
amended by adding a new paragraph f to read as follows:
F. AN ALTERNATIVE PLACEMENT CERTIFICATE TO ANY PERSON:
(1) WHO MEETS THE ELIGIBILITY REQUIREMENTS OF THE TROOPS FOR TEACHERS
PROGRAM OPERATED BY THE UNITED STATES DEPARTMENT OF DEFENSE AND MANAGED
BY THE DEFENSE ACTIVITY FOR NON-TRADITIONAL EDUCATION SUPPORT ORGANIZA-
TION; AND
(2) WHO MEETS THE REQUIREMENTS SET FORTH IN SECTION THREE THOUSAND
EIGHT-A OF THIS ARTICLE.
§ 2. The education law is amended by adding a new section 3008-a to
read as follows:
§ 3008-A. ALTERNATIVE TEACHING CERTIFICATION. 1. THE COMMISSIONER
SHALL ISSUE A ONE-YEAR, NONRENEWABLE MIDDLE OR SECONDARY LEVEL ALTERNA-
TIVE TEACHING CERTIFICATION TO TEACH TO ANY PERSON WHO HAS ATTAINED
CERTIFICATION BY AN ALTERNATIVE TEACHER CERTIFICATION ORGANIZATION AS
SET FORTH IN SUBDIVISION THREE OF THIS SECTION AND HAS MET THE REQUIRE-
MENTS OF SECTION THREE THOUSAND FOUR-B OF THIS ARTICLE.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, TEACHERS
ISSUED AN ALTERNATIVE TEACHING CERTIFICATION PURSUANT TO THIS SECTION
SHALL PARTICIPATE IN THE MENTORING PROGRAM PROVIDED BY THE ALTERNATIVE
TEACHER CERTIFICATION ORGANIZATION AS SET FORTH IN SUBDIVISION THREE OF
THIS SECTION. UPON SUCCESSFUL COMPLETION OF SUCH MENTORING PROGRAM,
COMPLETION OF THE APPLICATION AND PAYMENT OF THE CERTIFICATION FEE AS
SET FORTH IN SECTION THREE THOUSAND SIX OF THIS ARTICLE OR AS PRESCRIBED
BY THE COMMISSIONER, THE COMMISSIONER SHALL ISSUE THE TEACHER A CERTIF-
ICATE TO TEACH.
3. FOR PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL IDENTIFY AN
ALTERNATIVE TEACHER CERTIFICATION ORGANIZATION THAT WAS FOUNDED WITH
GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF EDUCATION AND THAT
DEVELOPED PURSUANT TO THE PASSPORT TO TEACHING PROGRAM ADMINISTERED BY
THE AMERICAN BOARD FOR CERTIFICATION OF TEACHER EXCELLENCE. THE ORGAN-
IZATION SHALL REQUIRE CANDIDATES TO HOLD A BACHELOR'S DEGREE, PASS A
PROFESSIONAL TEACHING KNOWLEDGE EXAM, PASS A SUBJECT AREA EXAM AND PASS
A BACKGROUND CHECK. THE ORGANIZATION SHALL PROVIDE CANDIDATES WITH
ACCESS TO WORKSHOPS, AN EXPERIENCED TEACHER-ADVISOR AND OPTIONAL ACCESS
TO COMPREHENSIVE SUBJECT MATTER REFRESHER COURSES. THE ORGANIZATION
SHALL ALSO PROVIDE AN INTENSIVE MENTORING AND INDUCTION PROGRAM.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART C
S. 8945 3
Section 1. The education law is amended by adding a new section 6912
to read as follows:
§ 6912. INTERSTATE NURSE LICENSURE COMPACT. 1. THE INTERSTATE NURSE
LICENSURE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL
JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
FOLLOWS:
INTERSTATE NURSE LICENSURE COMPACT
ARTICLE I.
FINDINGS AND DECLARATION OF PURPOSE
(A) THE PARTY STATES FIND THAT:
(1) THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF
COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED
TO STATE NURSE LICENSURE LAWS;
(2) VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC-
TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC;
(3) THE EXPANDED MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI-
CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTHCARE DELIVERY SYSTEM
REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
(4) NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI-
VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX; AND
(5) THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING
IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT TO BOTH NURSES AND
STATES.
(B) THE GENERAL PURPOSES OF THIS COMPACT ARE TO:
(1) FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S
HEALTH AND SAFETY;
(2) ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS
OF NURSE LICENSURE AND REGULATION;
(3) FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE
AREAS OF NURSE REGULATION, INVESTIGATION, AND ADVERSE ACTIONS;
(4) PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING
IN EACH JURISDICTION; AND
(5) INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE
ACCOUNTABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH
THE PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL
RECOGNITION OF PARTY STATE LICENSES.
ARTICLE II.
DEFINITIONS
AS USED IN THIS COMPACT:
(A) "ADVERSE ACTION" MEANS A HOME OR REMOTE STATE ACTION.
(B) "ALTERNATIVE PROGRAM" MEANS A VOLUNTARY, NON-DISCIPLINARY MONITOR-
ING PROGRAM APPROVED BY A NURSE LICENSING BOARD.
(C) "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED
PROCESS FOR COLLECTING, STORING, AND SHARING INFORMATION ON NURSE LICEN-
SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS, WHICH
IS ADMINISTERED BY A NON-PROFIT ORGANIZATION COMPOSED OF AND CONTROLLED
BY STATE NURSE LICENSING BOARDS.
(D) "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS:
(1) INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI-
NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE
TO RESPOND IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT
S. 8945 4
GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC-
TION; OR
(2) INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS
AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER
THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND.
(E) "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY
STATE OF RESIDENCE.
(F) "HOME STATE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR
CRIMINAL ACTION PERMITTED BY THE HOME STATE'S LAWS WHICH ARE IMPOSED ON
A NURSE BY THE HOME STATE'S LICENSING BOARD OR OTHER AUTHORITY INCLUDING
ACTIONS AGAINST AN INDIVIDUAL'S LICENSE SUCH AS: REVOCATION, SUSPENSION,
PROBATION OR ANY OTHER ACTION WHICH AFFECTS THE NURSE'S AUTHORIZATION TO
PRACTICE.
(G) "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSI-
BLE FOR ISSUING NURSE LICENSES.
(H) "MULTISTATE LICENSURE PRIVILEGE" MEANS CURRENT, OFFICIAL AUTHORITY
FROM A REMOTE STATE PERMITTING THE PRACTICE OF NURSING AS EITHER A
REGISTERED NURSE OR A LICENSED PRACTICAL/VOCATIONAL NURSE IN SUCH PARTY
STATE. ALL PARTY STATES HAVE THE AUTHORITY, IN ACCORDANCE WITH EXISTING
STATE DUE PROCESS LAW, TO TAKE ACTIONS AGAINST THE NURSE'S PRIVILEGE
SUCH AS: REVOCATION, SUSPENSION, PROBATION OR ANY OTHER ACTION WHICH
AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE.
(I) "NURSE" MEANS A REGISTERED NURSE OR LICENSED PRACTICAL/VOCATIONAL
NURSE, AS THOSE TERMS ARE DEFINED BY EACH PARTY'S STATE PRACTICE LAWS.
(J) "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT.
(K) "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE,
(1) WHERE THE PATIENT IS LOCATED AT THE TIME NURSING CARE IS PROVIDED,
OR
(2) IN THE CASE OF THE PRACTICE OF NURSING NOT INVOLVING A PATIENT, IN
SUCH PARTY STATE WHERE THE RECIPIENT OF NURSING PRACTICE IS LOCATED.
(L) "REMOTE STATE ACTION" MEANS
(1) ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR CRIMINAL ACTION PERMITTED
BY A REMOTE STATE'S LAWS WHICH ARE IMPOSED ON A NURSE BY THE REMOTE
STATE'S LICENSING BOARD OR OTHER AUTHORITY INCLUDING ACTIONS AGAINST AN
INDIVIDUAL'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THE REMOTE
STATE, AND
(2) CEASE AND DESIST AND OTHER INJUNCTIVE OR EQUITABLE ORDERS ISSUED
BY REMOTE STATES OR THE LICENSING BOARDS THEREOF.
(M) "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED
STATES, THE DISTRICT OF COLUMBIA OR THE COMMONWEALTH OF PUERTO RICO.
(N) "STATE PRACTICE LAWS" MEANS THOSE INDIVIDUAL PARTY STATE'S LAWS
AND REGULATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF
NURSING PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCI-
PLINE. "STATE PRACTICE LAWS" DOES NOT INCLUDE THE INITIAL QUALIFICATIONS
FOR LICENSURE OR REQUIREMENTS NECESSARY TO OBTAIN AND RETAIN A LICENSE,
EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE HOME STATE.
ARTICLE III.
GENERAL PROVISIONS AND JURISDICTION
(A) A LICENSE TO PRACTICE REGISTERED NURSING ISSUED BY A HOME STATE TO
A RESIDENT IN THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS
AUTHORIZING A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE AS A REGISTERED
NURSE IN SUCH PARTY STATE. A LICENSE TO PRACTICE LICENSED
PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN
THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A
S. 8945 5
MULTISTATE LICENSURE PRIVILEGE TO PRACTICE AS A LICENSED
PRACTICAL/VOCATIONAL NURSE IN SUCH PARTY STATE. IN ORDER TO OBTAIN OR
RETAIN A LICENSE, AN APPLICANT MUST MEET THE HOME STATE'S QUALIFICATIONS
FOR LICENSURE AND LICENSE RENEWAL AS WELL AS ALL OTHER APPLICABLE STATE
LAWS.
(B) PARTY STATES MAY, IN ACCORDANCE WITH STATE DUE PROCESS LAWS, LIMIT
OR REVOKE THE MULTISTATE LICENSURE PRIVILEGE OF ANY NURSE TO PRACTICE IN
THEIR STATE AND MAY TAKE ANY OTHER ACTIONS UNDER THEIR APPLICABLE STATE
LAWS NECESSARY TO PROTECT THE HEALTH AND SAFETY OF THEIR CITIZENS. IF A
PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRATOR
OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY
THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES.
(C) EVERY NURSE PRACTICING IN A PARTY STATE MUST COMPLY WITH THE STATE
PRACTICE LAWS OF THE STATE IN WHICH THE PATIENT IS LOCATED AT THE TIME
CARE IS RENDERED. IN ADDITION, THE PRACTICE OF NURSING IS NOT LIMITED
TO PATIENT CARE, BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY
THE STATE PRACTICE LAWS OF A PARTY STATE. THE PRACTICE OF NURSING WILL
SUBJECT A NURSE TO THE JURISDICTION OF THE NURSE LICENSING BOARD AND THE
COURTS, AS WELL AS THE LAWS, IN THAT PARTY STATE.
(D) THIS COMPACT DOES NOT AFFECT ADDITIONAL REQUIREMENTS IMPOSED BY
STATES FOR ADVANCED PRACTICE REGISTERED NURSING. HOWEVER, A MULTISTATE
LICENSURE PRIVILEGE TO PRACTICE REGISTERED NURSING GRANTED BY A PARTY
STATE SHALL BE RECOGNIZED BY OTHER PARTY STATES AS A LICENSE TO PRACTICE
REGISTERED NURSING IF ONE IS REQUIRED BY STATE LAW AS A PRECONDITION FOR
QUALIFYING FOR ADVANCED PRACTICE REGISTERED NURSE AUTHORIZATION.
(E) INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE
ABLE TO APPLY FOR NURSE LICENSURE AS PROVIDED FOR UNDER THE LAWS OF EACH
PARTY STATE. HOWEVER, THE LICENSE GRANTED TO THESE INDIVIDUALS WILL NOT
BE RECOGNIZED AS GRANTING THE PRIVILEGE TO PRACTICE NURSING IN ANY OTHER
PARTY STATE UNLESS EXPLICITLY AGREED TO BY THAT PARTY STATE.
ARTICLE IV.
APPLICATIONS FOR LICENSURE IN A PARTY STATE
(A) UPON APPLICATION FOR A LICENSE, THE LICENSING BOARD IN A PARTY
STATE SHALL ASCERTAIN, THROUGH THE COORDINATED LICENSURE INFORMATION
SYSTEM, WHETHER THE APPLICANT HAS EVER HELD, OR IS THE HOLDER OF, A
LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY RESTRICTIONS ON
THE MULTISTATE LICENSURE PRIVILEGE, AND WHETHER ANY OTHER ADVERSE ACTION
BY ANY STATE HAS BEEN TAKEN AGAINST THE LICENSE.
(B) A NURSE IN A PARTY STATE SHALL HOLD LICENSURE IN ONLY ONE PARTY
STATE AT A TIME ISSUED BY THE HOME STATE.
(C) A NURSE WHO INTENDS TO CHANGE PRIMARY STATE OF RESIDENCE MAY APPLY
FOR LICENSURE IN THE NEW HOME STATE IN ADVANCE OF SUCH CHANGE. HOWEVER,
NEW LICENSES WILL NOT BE ISSUED BY A PARTY STATE UNTIL AFTER A NURSE
PROVIDES EVIDENCE OF CHANGE IN PRIMARY STATE OF RESIDENCE SATISFACTORY
TO THE NEW HOME STATE'S LICENSING BOARD.
(D) WHEN A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY:
(1) MOVING BETWEEN TWO PARTY STATES, AND OBTAINS A LICENSE FROM THE
NEW HOME STATE, THE LICENSE FROM THE FORMER HOME STATE IS NO LONGER
VALID;
(2) MOVING FROM A NON-PARTY STATE TO A PARTY STATE, AND OBTAINS A
LICENSE FROM THE NEW HOME STATE, THE INDIVIDUAL STATE LICENSE ISSUED BY
THE NON-PARTY STATE IS NOT AFFECTED AND WILL REMAIN IN FULL FORCE IF SO
PROVIDED BY THE LAWS OF THE NON-PARTY STATE;
S. 8945 6
(3) MOVING FROM A PARTY STATE TO A NON-PARTY STATE, THE LICENSE ISSUED
BY THE PRIOR HOME STATE CONVERTS TO AN INDIVIDUAL STATE LICENSE, VALID
ONLY IN THE FORMER HOME STATE, WITHOUT THE MULTISTATE LICENSURE PRIVI-
LEGE TO PRACTICE IN OTHER PARTY STATES.
ARTICLE V.
ADVERSE ACTIONS
IN ADDITION TO THE GENERAL PROVISIONS DESCRIBED IN ARTICLE III, THE
FOLLOWING PROVISIONS APPLY:
(A) THE LICENSING BOARD OF A REMOTE STATE SHALL PROMPTLY REPORT TO THE
ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM ANY REMOTE
STATE ACTIONS INCLUDING THE FACTUAL AND LEGAL BASIS FOR SUCH ACTION, IF
KNOWN. THE LICENSING BOARD OF A REMOTE STATE SHALL ALSO PROMPTLY REPORT
ANY SIGNIFICANT CURRENT INVESTIGATIVE INFORMATION YET TO RESULT IN A
REMOTE STATE ACTION. THE ADMINISTRATOR OF THE COORDINATED LICENSURE
INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE HOME STATE OF ANY SUCH
REPORTS.
(B) THE LICENSING BOARD OF A PARTY STATE SHALL HAVE THE AUTHORITY TO
COMPLETE ANY PENDING INVESTIGATIONS FOR A NURSE WHO CHANGES PRIMARY
STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. IT SHALL
ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION OR ACTIONS, AND SHALL
PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS TO THE ADMINIS-
TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRA-
TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTI-
FY THE NEW HOME STATE OF ANY SUCH ACTIONS.
(C) A REMOTE STATE MAY TAKE ADVERSE ACTION AFFECTING THE MULTISTATE
LICENSURE PRIVILEGE TO PRACTICE WITHIN THAT PARTY STATE. HOWEVER, ONLY
THE HOME STATE SHALL HAVE THE POWER TO IMPOSE ADVERSE ACTION AGAINST THE
LICENSE ISSUED BY THE HOME STATE.
(D) FOR PURPOSES OF IMPOSING ADVERSE ACTION, THE LICENSING BOARD OF
THE HOME STATE SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED
CONDUCT RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD
OCCURRED WITHIN THE HOME STATE. IN SO DOING, IT SHALL APPLY ITS OWN
STATE LAWS TO DETERMINE APPROPRIATE ACTION.
(E) THE HOME STATE MAY TAKE ADVERSE ACTION BASED ON THE FACTUAL FIND-
INGS OF THE REMOTE STATE, SO LONG AS EACH STATE FOLLOWS ITS OWN PROCE-
DURES FOR IMPOSING SUCH ADVERSE ACTION.
(F) NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION
THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF
LICENSURE ACTION AND THAT SUCH PARTICIPATION SHALL REMAIN NON-PUBLIC IF
REQUIRED BY THE PARTY STATE'S LAWS. PARTY STATES MUST REQUIRE NURSES
WHO ENTER ANY ALTERNATIVE PROGRAMS TO AGREE NOT TO PRACTICE IN ANY OTHER
PARTY STATE DURING THE TERM OF THE ALTERNATIVE PROGRAM WITHOUT PRIOR
AUTHORIZATION FROM SUCH OTHER PARTY STATE.
ARTICLE VI.
ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE NURSE LICENSING BOARDS
NOTWITHSTANDING ANY OTHER POWERS, PARTY STATE NURSE LICENSING BOARDS
SHALL HAVE THE AUTHORITY TO:
(A) IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED
NURSE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING
FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE;
(B) ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS WHICH REQUIRE
THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND THE PRODUCTION OF
S. 8945 7
EVIDENCE. SUBPOENAS ISSUED BY A NURSE LICENSING BOARD IN A PARTY STATE
FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND/OR THE PRODUCTION OF
EVIDENCE FROM ANOTHER PARTY STATE, SHALL BE ENFORCED IN THE LATTER STATE
BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND
PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS
PENDING BEFORE IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES,
TRAVEL EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES
OF THE STATE WHERE THE WITNESSES AND/OR EVIDENCE ARE LOCATED.
(C) ISSUE CEASE AND DESIST ORDERS TO LIMIT OR REVOKE A NURSE'S AUTHOR-
ITY TO PRACTICE IN THEIR STATE;
(D) PROMULGATE UNIFORM RULES AND REGULATIONS AS PROVIDED FOR IN ARTI-
CLE VIII(C).
ARTICLE VII.
COORDINATED LICENSURE INFORMATION SYSTEM
(A) ALL PARTY STATES SHALL PARTICIPATE IN A COOPERATIVE EFFORT TO
CREATE A COORDINATED DATA BASE OF ALL LICENSED REGISTERED NURSES AND
LICENSED PRACTICAL/VOCATIONAL NURSES. THIS SYSTEM SHALL INCLUDE INFORMA-
TION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH NURSE, AS
CONTRIBUTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF NURSE
LICENSURE AND ENFORCEMENT EFFORTS.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATES'
LICENSING BOARDS SHALL PROMPTLY REPORT ADVERSE ACTIONS, ACTIONS AGAINST
MULTISTATE LICENSURE PRIVILEGES, ANY CURRENT SIGNIFICANT INVESTIGATIVE
INFORMATION YET TO RESULT IN ADVERSE ACTION, DENIALS OF APPLICATIONS,
AND THE REASONS FOR SUCH DENIALS, TO THE COORDINATED LICENSURE INFORMA-
TION SYSTEM.
(C) CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION SHALL BE TRANSMITTED
THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE
LICENSING BOARDS.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATES'
LICENSING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE
INFORMATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH
NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT
THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE.
(E) ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED BY A PARTY
STATE'S LICENSING BOARD FROM THE COORDINATED LICENSURE INFORMATION
SYSTEM MAY NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER
ENTITIES OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF
THE PARTY STATE CONTRIBUTING THE INFORMATION.
(F) ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA-
TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF
THE PARTY STATE CONTRIBUTING THAT INFORMATION, SHALL ALSO BE EXPUNGED
FROM THE COORDINATED LICENSURE INFORMATION SYSTEM.
(G) THE COMPACT ADMINISTRATORS, ACTING JOINTLY WITH EACH OTHER AND IN
CONSULTATION WITH THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFOR-
MATION SYSTEM, SHALL FORMULATE NECESSARY AND PROPER PROCEDURES FOR THE
IDENTIFICATION, COLLECTION AND EXCHANGE OF INFORMATION UNDER THIS
COMPACT.
ARTICLE VIII.
COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION
S. 8945 8
(A) THE HEAD OF THE NURSE LICENSING BOARD, OR HIS OR HER DESIGNEE, OF
EACH PARTY STATE SHALL BE THE ADMINISTRATOR OF THIS COMPACT FOR HIS OR
HER STATE.
(B) THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH TO THE
COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE ANY INFORMATION AND
DOCUMENTS INCLUDING, BUT NOT LIMITED TO, A UNIFORM DATA SET OF INVESTI-
GATIONS, IDENTIFYING INFORMATION, LICENSURE DATA AND DISCLOSABLE ALTER-
NATIVE PROGRAM PARTICIPATION INFORMATION TO FACILITATE THE ADMINIS-
TRATION OF THIS COMPACT.
(C) COMPACT ADMINISTRATORS SHALL HAVE THE AUTHORITY TO DEVELOP UNIFORM
RULES TO FACILITATE AND COORDINATE IMPLEMENTATION OF THIS COMPACT. THESE
UNIFORM RULES SHALL BE ADOPTED BY PARTY STATES, UNDER THE AUTHORITY
INVESTED UNDER ARTICLE VI(D).
ARTICLE IX.
IMMUNITY
NO PARTY STATE OR THE OFFICERS OR EMPLOYEES OR AGENTS OF A PARTY
STATE'S NURSE LICENSING BOARD WHO ACTS IN ACCORDANCE WITH THE PROVISIONS
OF THIS COMPACT SHALL BE LIABLE ON ACCOUNT OF ANY ACT OR OMISSION IN
GOOD FAITH WHILE ENGAGED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS
COMPACT. GOOD FAITH IN THIS ARTICLE SHALL NOT INCLUDE WILLFUL MISCON-
DUCT, GROSS NEGLIGENCE OR RECKLESSNESS.
ARTICLE X.
ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
(A) THIS COMPACT SHALL ENTER INTO FORCE AND BECOME EFFECTIVE AS TO ANY
STATE WHEN IT HAS BEEN ENACTED INTO THE LAWS OF THAT STATE. ANY PARTY
STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STATUTE REPEALING THE
SAME, BUT NO SUCH WITHDRAWAL SHALL TAKE EFFECT UNTIL SIX MONTHS AFTER
THE WITHDRAWING STATE HAS GIVEN NOTICE OF THE WITHDRAWAL TO THE EXECU-
TIVE HEADS OF ALL OTHER PARTY STATES.
(B) NO WITHDRAWAL SHALL AFFECT THE VALIDITY OR APPLICABILITY BY THE
LICENSING BOARDS OF STATES REMAINING PARTY TO THE COMPACT OF ANY REPORT
OF ADVERSE ACTION OCCURRING PRIOR TO THE WITHDRAWAL.
(C) NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE
OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE-
MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD-
ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT.
(D) THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO AMENDMENT TO
THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE PARTY STATES
UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES.
ARTICLE XI.
CONSTRUCTION AND SEVERABILITY
1. (A) THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE
THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE
AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS
DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE
UNITED STATES OR THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF
THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY,
PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT
SHALL BE HELD CONTRARY TO THE CONSTITUTION OF ANY STATE PARTY THERETO,
S. 8945 9
THE COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING
PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED
AS TO ALL SEVERABLE MATTERS.
(B) IN THE EVENT PARTY STATES FIND A NEED FOR SETTLING DISPUTES ARIS-
ING UNDER THIS COMPACT:
(1) THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBI-
TRATION PANEL WHICH WILL BE COMPRISED OF AN INDIVIDUAL APPOINTED BY THE
COMPACT ADMINISTRATOR IN THE HOME STATE; AN INDIVIDUAL APPOINTED BY THE
COMPACT ADMINISTRATOR IN THE REMOTE STATE OR STATES INVOLVED; AND AN
INDIVIDUAL MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE
PARTY STATES INVOLVED IN THE DISPUTE.
(2) THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND
BINDING.
2. FOR THE PURPOSES OF THE COMPACT SET FORTH IN SUBDIVISION ONE OF
THIS SECTION THE "HEAD OF THE NURSE LICENSING BOARD" FOR THIS STATE
SHALL BE THE SECRETARY TO THE STATE BOARD FOR NURSING.
3. TO FACILITATE CROSS-STATE ENFORCEMENT EFFORTS, THIS STATE SHALL
HAVE THE POWER TO RECOVER FROM THE AFFECTED NURSE THE COSTS OF INVESTI-
GATIONS AND DISPOSITION OF CASES RESULTING FROM ADVERSE ACTIONS TAKEN BY
THIS STATE AGAINST THAT NURSE.
4. THIS COMPACT IS DESIGNED TO FACILITATE THE REGULATION OF NURSES AND
DOES NOT RELIEVE EMPLOYERS FROM COMPLYING WITH OBLIGATIONS IMPOSED BY
LAW OR REGULATION.
5. THIS COMPACT DOES NOT SUPERSEDE EXISTING LABOR LAWS.
6. TO FACILITATE WORKFORCE PLANNING, THE COMMISSIONER IS AUTHORIZED TO
COLLECT EMPLOYMENT DATA ON NURSES PRACTICING ON THE MULTISTATE PRIVILEGE
IN THE NURSE LICENSURE COMPACT PROVIDED THAT THE SUBMISSION OF THIS DATA
IS NOT A REQUIREMENT FOR PRACTICE UNDER THE MULTISTATE PRIVILEGE.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
PART D
Section 1. The general business law is amended by adding a new arti-
cle 2-A to read as follows:
ARTICLE 2-A
ADMISSION TO A PROFESSION
SECTION 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR
REGISTRATION.
§ 20. ADMISSION TO A PROFESSION; LICENSING, CERTIFICATION OR REGISTRA-
TION. ADMISSION TO PRACTICE OF A PROFESSION GOVERNED BY THIS CHAPTER IN
THIS STATE IS ACCOMPLISHED, WHERE REQUIRED, BY A LICENSE, CERTIFICATION
OR CERTIFICATE OF REGISTRATION BEING ISSUED TO A QUALIFIED APPLICANT BY
THE SECRETARY OF STATE. TO QUALIFY FOR A LICENSE, CERTIFICATION OR
CERTIFICATE OF REGISTRATION AN APPLICANT SHALL MEET THE REQUIREMENTS
PRESCRIBED IN THE ARTICLE FOR THE PARTICULAR PROFESSION AND SHALL MEET
THE REQUIREMENTS PRESCRIBED IN SECTION 3-503 OF THE GENERAL OBLIGATIONS
LAW; PROVIDED THAT, NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE
CONTRARY, ANY APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE ARMED FORC-
ES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT SATISFAC-
TORY EVIDENCE OF LICENSURE, CERTIFICATION OR REGISTRATION TO PRACTICE AN
EQUIVALENT OCCUPATION ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE
OR DEPENDENCY OF THE UNITED STATES IN LIEU OF THE SUBMISSIONS REQUIRED
S. 8945 10
BY THE ARTICLE OF THIS CHAPTER FOR THE PARTICULAR PROFESSION, PROVIDED
THAT SUCH LICENSE, CERTIFICATION OR CERTIFICATE OF REGISTRATION WAS
GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE JUDGMENT OF THE
SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
§ 2. Subsection (d) of section 2136 of the insurance law, as added by
chapter 687 of the laws of 2003, is amended to read as follows:
(d) (1) the applicant's home state awards nonresident insurance
producer licenses to residents of this state on the same basis as
provided in this subsection; OR
(2) THE APPLICANT IS THE SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE
UNITED STATES, NATIONAL GUARD OR RESERVES.
§ 3. Section 442-g of the real property law is amended by adding a new
subdivision 1-a to read as follows:
1-A. NO NONRESIDENT APPLICANT WHO IS THE SPOUSE OF A MEMBER OF THE
ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD, OR RESERVES REGULARLY
ENGAGED IN THE REAL ESTATE BUSINESS AS A VOCATION, WHO MAINTAINS A DEFI-
NITE PLACE OF BUSINESS AND IS LICENSED BY ANY OTHER STATE, TERRITORY,
PROTECTORATE OR DEPENDENCY OF THE UNITED STATES, SHALL BE REQUIRED TO
MAINTAIN A PLACE OF BUSINESS WITHIN THIS STATE. THE COMMISSION SHALL
RECOGNIZE THE LICENSE ISSUED BY ANOTHER STATE TO AN APPLICANT WHO IS THE
SPOUSE OF A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, NATIONAL
GUARD, OR RESERVES AS QUALIFICATION FOR A LICENSE IN NEW YORK, PROVIDED
THAT SUCH LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE,
IN THE JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
§ 4. Section 444-e of the real property law is amended by adding a new
subdivision 2-a to read as follows:
2-A. ANY APPLICANT FOR A LICENSE WHO IS A SPOUSE OF A MEMBER OF THE
ARMED FORCES OF THE UNITED STATES, NATIONAL GUARD OR RESERVES MAY SUBMIT
SATISFACTORY EVIDENCE OF LICENSURE TO PRACTICE AN EQUIVALENT OCCUPATION
ISSUED BY ANY OTHER STATE, TERRITORY, PROTECTORATE OR DEPENDENCY OF THE
UNITED STATES IN LIEU OF THE EVIDENCE OF EDUCATION, EXPERIENCE AND EXAM-
INATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION, PROVIDED THAT SUCH
LICENSE WAS GRANTED IN COMPLIANCE WITH STANDARDS WHICH WERE, IN THE
JUDGMENT OF THE SECRETARY, NOT LOWER THAN THOSE OF THIS STATE.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through D of this act shall be
as specifically set forth in the last section of such Parts.
