Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 07, 2024 |
held for consideration in higher education |
Jan 03, 2024 |
referred to higher education |
Aug 04, 2023 |
referred to higher education |
Assembly Bill A7946
2023-2024 Legislative Session
Enacts the interstate nurse licensure compact and the advanced practice registered nurse compact
download bill text pdfSponsored By
MILLER
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Josh Jensen
Scott H. Bendett
Jeff Gallahan
Matthew Slater
Brian Manktelow
Joe Angelino
Anil Beephan Jr.
David McDonough
Scott Gray
2023-A7946 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6873
- Current Committee:
- Assembly Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Add §§6912 & 6913, Ed L
2023-A7946 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7946 2023-2024 Regular Sessions I N A S S E M B L Y August 4, 2023 ___________ Introduced by M. of A. MILLER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to adopting the inter- state nurse licensure compact (Part A); and to amend the education law, in relation to adopting the advanced practice registered nurse compact (Part B) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law components of legislation relating to enacting the interstate nurse licensure compact and the advanced practice registered nurse compact. Each component is wholly contained within a Part identified as Parts A through B. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. The education law is amended by adding a new section 6912 to read as follows: § 6912. INTERSTATE NURSE LICENSURE COMPACT. THE INTERSTATE NURSE LICENSURE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS FOLLOWS: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11345-01-3 A. 7946 2
INTERSTATE NURSE LICENSURE COMPACT ARTICLE I. FINDINGS AND DECLARATION OF PURPOSE A. THE PARTY STATES FIND THAT: 1. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF COMPLIANCE WITH AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED TO STATE NURSE LICENSURE LAWS; 2. VIOLATIONS OF NURSE LICENSURE AND OTHER LAWS REGULATING THE PRAC- TICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC; 3. THE EXPANDED MOBILITY OF NURSES AND THE USE OF ADVANCED COMMUNI- CATION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS OF NURSE LICENSURE AND REGULATION; 4. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI- VIDUAL STATE NURSE LICENSURE LAWS DIFFICULT AND COMPLEX; 5. THE CURRENT SYSTEM OF DUPLICATIVE LICENSURE FOR NURSES PRACTICING IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR BOTH NURSES AND STATES; AND 6. UNIFORMITY OF NURSE LICENSURE REQUIREMENTS THROUGHOUT THE STATES PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS. B. THE GENERAL PURPOSES OF THIS COMPACT ARE TO: 1. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S HEALTH AND SAFETY; 2. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS OF NURSE LICENSURE AND REGULATION; 3. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE AREAS OF NURSE REGULATION, INVESTIGATION AND ADVERSE ACTIONS; 4. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING THE PRACTICE OF NURSING IN EACH JURISDICTION; 5. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD A NURSE ACCOUNT- ABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH THE PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL RECOGNITION OF PARTY STATE LICENSES; 6. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF NURSE LICENSES; AND 7. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY NURSES WHO MEET UNIFORM LICENSURE REQUIREMENTS. ARTICLE II. DEFINITIONS AS USED IN THIS COMPACT: A. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A LICENSING BOARD OR OTHER AUTHORITY AGAINST A NURSE, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI- TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE AFFECTING A NURSE'S AUTHORIZATION TO PRACTICE, INCLUDING ISSUANCE OF A CEASE AND DESIST ACTION. B. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM APPROVED BY A LICENSING BOARD. C. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON NURSE LICEN- SURE AND ENFORCEMENT ACTIVITIES RELATED TO NURSE LICENSURE LAWS THAT IS A. 7946 3 ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY LICENSING BOARDS. D. "CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION" MEANS: 1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI- NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE NURSE TO RESPOND, IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC- TION; OR 2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE NURSE REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER THE NURSE HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND. E. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA- TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A LICENSING BOARD. F. "HOME STATE" MEANS THE PARTY STATE WHICH IS THE NURSE'S PRIMARY STATE OF RESIDENCE. G. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE FOR ISSUING NURSE LICENSES. H. "MULTISTATE LICENSE" MEANS A LICENSE TO PRACTICE AS A REGISTERED OR A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN) ISSUED BY A HOME STATE LICENSING BOARD THAT AUTHORIZES THE LICENSED NURSE TO PRACTICE IN ALL PARTY STATES UNDER A MULTISTATE LICENSURE PRIVILEGE. I. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO- CIATED WITH A MULTISTATE LICENSE PERMITTING THE PRACTICE OF NURSING AS EITHER A REGISTERED NURSE (RN) OR LPN/VN IN A REMOTE STATE. J. "NURSE" MEANS RN OR LPN/VN, AS THOSE TERMS ARE DEFINED BY EACH PARTY STATE'S PRACTICE LAWS. K. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT. L. "REMOTE STATE" MEANS A PARTY STATE, OTHER THAN THE HOME STATE. M. "SINGLE-STATE LICENSE" MEANS A NURSE LICENSE ISSUED BY A PARTY STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE AND DOES NOT INCLUDE A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER PARTY STATE. N. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA. O. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES AND REGU- LATIONS THAT GOVERN THE PRACTICE OF NURSING, DEFINE THE SCOPE OF NURSING PRACTICE, AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE. "STATE PRACTICE LAWS" DO NOT INCLUDE REQUIREMENTS NECESSARY TO OBTAIN AND RETAIN A LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE HOME STATE. ARTICLE III. GENERAL PROVISIONS AND JURISDICTION A. A MULTISTATE LICENSE TO PRACTICE REGISTERED OR LICENSED PRACTICAL/VOCATIONAL NURSING ISSUED BY A HOME STATE TO A RESIDENT IN THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING A NURSE TO PRACTICE AS A REGISTERED NURSE (RN) OR AS A LICENSED PRACTICAL/VOCATIONAL NURSE (LPN/VN), UNDER A MULTISTATE LICENSURE PRIVI- LEGE, IN EACH PARTY STATE. B. A STATE MUST IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL HISTORY RECORDS OF APPLICANTS FOR INITIAL MULTISTATE LICENSE OR LICEN- SURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY APPLICANTS FOR THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMATION A. 7946 4 FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE'S CRIMINAL RECORDS. C. EACH PARTY STATE SHALL REQUIRE THE FOLLOWING FOR AN APPLICANT TO OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE: 1. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF LICENSURE, AS WELL AS, ALL OTHER APPLICABLE STATE LAWS; 2. I. HAS GRADUATED OR IS ELIGIBLE TO GRADUATE FROM A LICENSING BOARD- APPROVED RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM; OR II. HAS GRADUATED FROM A FOREIGN RN OR LPN/VN PRELICENSURE EDUCATION PROGRAM THAT (A) HAS BEEN APPROVED BY THE AUTHORIZED ACCREDITING BODY IN THE APPLICABLE COUNTRY AND (B) HAS BEEN VERIFIED BY AN INDEPENDENT CREDENTIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED PRELICENSURE EDUCATION PROGRAM; 3. HAS, IF A GRADUATE OF A FOREIGN PRELICENSURE EDUCATION PROGRAM NOT TAUGHT IN ENGLISH OR IF ENGLISH IS NOT THE INDIVIDUAL'S NATIVE LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH PROFICIENCY EXAMINATION THAT INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING; 4. HAS SUCCESSFULLY PASSED AN NCLEX-RN OR NCLEX-PN EXAMINATION OR RECOGNIZED PREDECESSOR, AS APPLICABLE; 5. IS ELIGIBLE FOR OR HOLDS AN ACTIVE, UNENCUMBERED LICENSE; 6. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL LICEN- SURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE'S CRIMINAL RECORDS; 7. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE OR FEDER- AL CRIMINAL LAW; 8. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF NURSING AS DETERMINED ON A CASE-BY-CASE BASIS; 9. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM; 10. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND 11. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER. D. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH EXISTING STATE DUE PROCESS LAW, TO TAKE ADVERSE ACTION AGAINST A NURSE'S MULTI- STATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR ANY OTHER ACTION THAT AFFECTS A NURSE'S AUTHORIZATION TO PRACTICE UNDER A MULTISTATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMIN- ISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINIS- TRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES. E. A NURSE PRACTICING IN A PARTY STATE MUST COMPLY WITH THE STATE PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME SERVICE IS PROVIDED. THE PRACTICE OF NURSING IS NOT LIMITED TO PATIENT CARE, BUT SHALL INCLUDE ALL NURSING PRACTICE AS DEFINED BY THE STATE PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. THE PRACTICE OF NURSING IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVI- LEGE WILL SUBJECT A NURSE TO THE JURISDICTION OF THE LICENSING BOARD, THE COURTS AND THE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME SERVICE IS PROVIDED. F. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE TO APPLY FOR A PARTY STATE'S SINGLE-STATE LICENSE AS PROVIDED UNDER THE LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO A. 7946 5 THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO PRACTICE NURSING IN ANY OTHER PARTY STATE. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE. G. ANY NURSE HOLDING A HOME STATE MULTISTATE LICENSE, ON THE EFFECTIVE DATE OF THIS COMPACT, MAY RETAIN AND RENEW THE MULTISTATE LICENSE ISSUED BY THE NURSE'S THEN-CURRENT HOME STATE, PROVIDED THAT: 1. A NURSE, WHO CHANGES PRIMARY STATE OF RESIDENCE AFTER THIS COMPACT'S EFFECTIVE DATE, MUST MEET ALL APPLICABLE REQUIREMENTS OF SUBDIVISION C OF THIS ARTICLE TO OBTAIN A MULTISTATE LICENSE FROM A NEW HOME STATE. 2. A NURSE WHO FAILS TO SATISFY THE MULTISTATE LICENSURE REQUIREMENTS IN SUBDIVISION C OF THIS ARTICLE. DUE TO A DISQUALIFYING EVENT OCCUR- RING AFTER THIS COMPACT'S EFFECTIVE DATE SHALL BE INELIGIBLE TO RETAIN OR RENEW A MULTISTATE LICENSE, AND THE NURSE'S MULTISTATE LICENSE SHALL BE REVOKED OR DEACTIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS ("COMMISSION"). ARTICLE IV. APPLICATIONS FOR LICENSURE IN A PARTY STATE A. UPON APPLICATION FOR A MULTISTATE LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN, THROUGH THE COORDINATED LICEN- SURE INFORMATION SYSTEM, WHETHER THE APPLICANT HAS EVER HELD, OR IS THE HOLDER OF, A LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION HAS BEEN TAKEN AGAINST ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY THE APPLICANT AND WHETHER THE APPLICANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE PROGRAM. B. A NURSE MAY HOLD A MULTISTATE LICENSE, ISSUED BY THE HOME STATE, IN ONLY ONE PARTY STATE AT A TIME. C. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO PARTY STATES, THE NURSE MUST APPLY FOR LICENSURE IN THE NEW HOME STATE, AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL BE DEAC- TIVATED IN ACCORDANCE WITH APPLICABLE RULES ADOPTED BY THE COMMISSION. 1. THE NURSE MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE. 2. A MULTISTATE LICENSE SHALL NOT BE ISSUED BY THE NEW HOME STATE UNTIL THE NURSE PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE REQUIREMENTS TO OBTAIN A MULTISTATE LICENSE FROM THE NEW HOME STATE. D. IF A NURSE CHANGES PRIMARY STATE OF RESIDENCE BY MOVING FROM A PARTY STATE TO A NON-PARTY STATE, THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN THE FORMER HOME STATE. ARTICLE V. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS A. IN ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO: 1. TAKE ADVERSE ACTION AGAINST A NURSE'S MULTISTATE LICENSURE PRIVI- LEGE TO PRACTICE WITHIN THAT PARTY STATE. A. 7946 6 I. ONLY THE HOME STATE SHALL HAVE THE POWER TO TAKE ADVERSE ACTION AGAINST A NURSE'S LICENSE ISSUED BY THE HOME STATE. II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING BOARD SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT RECEIVED FROM A REMOTE STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE APPROPRIATE ACTION. 2. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON A NURSE'S AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE. 3. COMPLETE ANY PENDING INVESTIGATIONS OF A NURSE WHO CHANGES PRIMARY STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS- ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION(S) AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS TO THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS. 4. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS, THE PRODUCTION OF EVIDENCE. SUBPOENAS ISSUED BY A LICENSING BOARD IN A PARTY STATE FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES OR THE PRODUCTION OF EVIDENCE FROM ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO THE PRACTICE AND PROCEDURE OF THAT COURT APPLICABLE TO SUBPOENAS ISSUED IN PROCEEDINGS PENDING BEFORE IT. THE ISSUING AUTHORITY SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN WHICH THE WITNESSES OR EVIDENCE ARE LOCATED. 5. OBTAIN AND SUBMIT, FOR EACH NURSE LICENSURE APPLICANT, FINGERPRINT OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTI- GATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDER- AL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS AND USE THE RESULTS IN MAKING LICENSURE DECISIONS. 6. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED NURSE THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT NURSE. 7. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF THE REMOTE STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR TAKING SUCH ADVERSE ACTION. B. IF ADVERSE ACTION IS TAKEN BY THE HOME STATE AGAINST A NURSE'S MULTISTATE LICENSE, THE NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRAC- TICE IN ALL OTHER PARTY STATES SHALL BE DEACTIVATED UNTIL ALL ENCUM- BRANCES HAVE BEEN REMOVED FROM THE MULTISTATE LICENSE. ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST A NURSE'S MULTI- STATE LICENSE SHALL INCLUDE A STATEMENT THAT THE NURSE'S MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING THE PENDENCY OF THE ORDER. C. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY NURSE FOR THE DURATION OF THE NURSE'S PARTICIPATION IN AN ALTERNATIVE PROGRAM. ARTICLE VI. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED LICENSURE INFORMATION SYSTEM OF ALL LICENSED REGISTERED NURSES (RNS) AND LICENSED A. 7946 7 PRACTICAL/VOCATIONAL NURSES (LPNS/VNS). THIS SYSTEM WILL INCLUDE INFOR- MATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH NURSE, AS SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATION OF NURSE LICEN- SURE AND ENFORCEMENT EFFORTS. B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR- DINATED LICENSURE INFORMATION SYSTEM, SHALL FORMULATE NECESSARY AND PROPER PROCEDURES FOR THE IDENTIFICATION, COLLECTION AND EXCHANGE OF INFORMATION UNDER THIS COMPACT. C. ALL LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS (WITH THE REASONS FOR SUCH DENIALS) AND NURSE PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED NONPUBLIC OR CONFIDENTIAL UNDER STATE LAW. D. CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION AND PARTICIPATION IN NONPUBLIC OR CONFIDENTIAL ALTERNATIVE PROGRAMS SHALL BE TRANSMITTED THROUGH THE COORDINATED LICENSURE INFORMATION SYSTEM ONLY TO PARTY STATE LICENSING BOARDS. E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS- ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR- MATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE. F. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI- NATED LICENSURE INFORMATION SYSTEM BY A PARTY STATE LICENSING BOARD SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY STATE CONTRIBUTING THE INFORMATION. G. ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA- TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF THE PARTY STATE CONTRIBUTING THAT INFORMATION SHALL ALSO BE EXPUNGED FROM THE COORDINATED LICENSURE INFORMATION SYSTEM. H. THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH A UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE, WHICH SHALL INCLUDE, AT A MINIMUM: 1. IDENTIFYING INFORMATION; 2. LICENSURE DATA; 3. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION; AND 4. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS COMPACT, AS DETERMINED BY COMMISSION RULES. I. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES- TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE. ARTICLE VII. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINISTRATORS A. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC ENTITY KNOWN AS THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT ADMINIS- TRATORS. 1. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY STATES. 2. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS- SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT A. 7946 8 IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS. 3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER- EIGN IMMUNITY. B. MEMBERSHIP, VOTING AND MEETINGS. 1. EACH PARTY STATE SHALL HAVE AND BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD OR DESIGNEE SHALL BE THE ADMINIS- TRATOR OF THIS COMPACT FOR EACH PARTY STATE. ANY ADMINISTRATOR MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE ADMINISTRATOR IS APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS. 2. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMISSION. AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION. 3. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF THE COMMISSION. 4. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE- MAKING PROVISIONS IN ARTICLE VIII OF THIS COMPACT. 5. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUBLIC MEETING IF THE COMMISSION MUST DISCUSS: I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS COMPACT; II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES; III. CURRENT, THREATENED OR REASONABLY ANTICIPATED LITIGATION; IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS, SERVICES OR REAL ESTATE; V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON; VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL; VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY; VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES; IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE WITH THIS COMPACT; OR X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE STATUTE. 6. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL, A. 7946 9 SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION. C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS, PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS COMPACT, INCLUDING BUT NOT LIMITED TO: 1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION; 2. PROVIDING REASONABLE STANDARDS AND PROCEDURES: I. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND II. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR FUNCTION OF THE COMMISSION; 3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY INTER- ESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA- TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A MEETING IN WHOLE OR IN PART. AS SOON AS PRACTICABLE, THE COMMISSION MUST MAKE PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING REVEALING THE VOTE OF EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED; 4. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE PROCE- DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION; 5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND- ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY PARTY STATE, THE BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION; AND 6. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS- SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT OR RESERVING OF ALL OF ITS DEBTS AND OBLIGATIONS. D. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND RULES, AND ANY AMEND- MENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE OF THE COMMISSION. E. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS. F. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS. G. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS: 1. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN- TATION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES; 2. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED; 3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS; 4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING, BUT NOT LIMITED TO, EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA- TIONS; 5. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER RESOURCES; 6. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON- A. 7946 10 NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA- TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS; 7. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS- SION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY OR CONFLICT OF INTEREST; 8. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL AVOID ANY APPEARANCE OF IMPROPRIETY; 9. TO SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED; 10. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES; 11. TO BORROW MONEY; 12. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED PERSONS; 13. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW ENFORCEMENT AGENCIES; 14. TO ADOPT AND USE AN OFFICIAL SEAL; AND 15. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU- LATION OF NURSE LICENSURE AND PRACTICE. H. FINANCING OF THE COMMISSION. 1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING ACTIVITIES. 2. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU- LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE THAT IS BINDING UPON ALL PARTY STATES. 3. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, SUCH PARTY STATE. 4. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE COMMISSION. I. QUALIFIED IMMUNITY, DEFENSE AND INDEMNIFICATION. 1. THE ADMINISTRATORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABIL- ITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL- ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM A. 7946 11 SUIT OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. 2. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT. 3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS- SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI- BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI- BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. ARTICLE VIII. RULEMAKING A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE AND THE RULES ADOPTED THEREUNDER. RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT. B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION. C. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE COMMISSION, AND AT LEAST SIXTY (60) DAYS IN ADVANCE OF THE MEETING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL FILE A NOTICE OF PROPOSED RULEMAKING: 1. ON THE WEBSITE OF THE COMMISSION; AND 2. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES. D. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE: 1. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON; 2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE PROPOSED RULE; 3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED PERSON; AND 4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT- TEN COMMENTS. E. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. F. THE COMMISSION SHALL GRANT AN OPPORTUNITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT. A. 7946 12 G. THE COMMISSION SHALL PUBLISH THE PLACE, TIME AND DATE OF THE SCHED- ULED PUBLIC HEARING. 1. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN WRITING. ALL HEARINGS WILL BE RECORDED, AND A COPY WILL BE MADE AVAILABLE UPON REQUEST. 2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE COMMISSION AT HEARINGS REQUIRED BY THIS SECTION. H. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED WITH PROMULGATION OF THE PROPOSED RULE. I. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS- SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED. J. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF THE RULE. K. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY FOR COMMENT OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO: 1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE; 2. PREVENT A LOSS OF COMMISSION OR PARTY STATE FUNDS; OR 3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT IS REQUIRED BY FEDERAL LAW OR RULE. L. THE COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN WRITING, AND DELIVERED TO THE COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION. ARTICLE IX. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A. OVERSIGHT. 1. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND INTENT. 2. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS IN SUCH PROCEEDING TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMISSION, THIS COMPACT OR PROMULGATED RULES. A. 7946 13 B. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. 1. IF THE COMMISSION DETERMINES THAT A PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL: I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING THE DEFAULT. 2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND- ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT. 3. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE DEFAULTING STATE'S LICENSING BOARD AND EACH OF THE PARTY STATES. 4. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION. 5. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING STATE. 6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD- ING REASONABLE ATTORNEYS' FEES. C. DISPUTE RESOLUTION. 1. UPON REQUEST BY A PARTY STATE, THE COMMISSION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES. 2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE. 3. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY STATES ARISING UNDER THIS COMPACT: I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES AND AN INDIVIDUAL MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY STATES INVOLVED IN THE DISPUTE. II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND BINDING. D. ENFORCEMENT. 1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT. 2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS A. 7946 14 COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES. 3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR STATE LAW. ARTICLE X. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT A. THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING ON THE EARLIER OF THE DATE OF LEGISLATIVE ENACTMENT OF THIS COMPACT INTO LAW BY NO LESS THAN TWENTY-SIX (26) STATES OR DECEMBER 31, 2018. ALL PARTY STATES TO THIS COMPACT, THAT ALSO WERE PARTIES TO THE PRIOR NURSE LICENSURE COMPACT, SUPERSEDED BY THIS COMPACT, ("PRIOR COMPACT"), SHALL BE DEEMED TO HAVE WITHDRAWN FROM SAID PRIOR COMPACT WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THIS COMPACT. B. EACH PARTY STATE TO THIS COMPACT SHALL CONTINUE TO RECOGNIZE A NURSE'S MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN THAT PARTY STATE ISSUED UNDER THE PRIOR COMPACT UNTIL SUCH PARTY STATE HAS WITHDRAWN FROM THE PRIOR COMPACT. C. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT- UTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE. D. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS- ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION. E. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE OR PREVENT ANY NURSE LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGE- MENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT IS MADE IN ACCORD- ANCE WITH THE OTHER PROVISIONS OF THIS COMPACT. F. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON THE PARTY STATES UNLESS AND UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES. G. REPRESENTATIVES OF NON-PARTY STATES TO THIS COMPACT SHALL BE INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT- ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES. ARTICLE XI. CONSTRUCTION AND SEVERABILITY THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED AS TO ALL SEVERABLE MATTERS. A. 7946 15 § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART B Section 1. The education law is amended by adding a new section 6913 to read as follows: § 6913. ADVANCED PRACTICE REGISTERED NURSE COMPACT. THE ADVANCED PRAC- TICE REGISTERED NURSE COMPACT IS HEREBY ENACTED INTO LAW AND ENTERED INTO WITH ALL JURISDICTIONS LEGALLY JOINING THEREIN IN THE FORM SUBSTAN- TIALLY AS FOLLOWS: ARTICLE I. FINDINGS AND DECLARATION OF PURPOSE A. THE PARTY STATES FIND THAT: 1. THE HEALTH AND SAFETY OF THE PUBLIC ARE AFFECTED BY THE DEGREE OF COMPLIANCE WITH APRN LICENSURE REQUIREMENTS AND THE EFFECTIVENESS OF ENFORCEMENT ACTIVITIES RELATED TO STATE APRN LICENSURE LAWS; 2. VIOLATIONS OF APRN LICENSURE AND OTHER LAWS REGULATING THE PRACTICE OF NURSING MAY RESULT IN INJURY OR HARM TO THE PUBLIC; 3. THE EXPANDED MOBILITY OF APRNS AND THE USE OF ADVANCED COMMUNI- CATION AND INTERVENTION TECHNOLOGIES AS PART OF OUR NATION'S HEALTH CARE DELIVERY SYSTEM REQUIRE GREATER COORDINATION AND COOPERATION AMONG STATES IN THE AREAS OF APRN LICENSURE AND REGULATION; 4. NEW PRACTICE MODALITIES AND TECHNOLOGY MAKE COMPLIANCE WITH INDI- VIDUAL STATE APRN LICENSURE LAWS DIFFICULT AND COMPLEX; 5. THE CURRENT SYSTEM OF DUPLICATIVE APRN LICENSURE FOR APRNS PRACTIC- ING IN MULTIPLE STATES IS CUMBERSOME AND REDUNDANT FOR HEALTHCARE DELIV- ERY SYSTEMS, PAYORS, STATE LICENSING BOARDS, REGULATORS AND APRNS; 6. UNIFORMITY OF APRN LICENSURE REQUIREMENTS THROUGHOUT THE STATES PROMOTES PUBLIC SAFETY AND PUBLIC HEALTH BENEFITS AS WELL AS PROVIDING A MECHANISM TO INCREASE ACCESS TO CARE. B. THE GENERAL PURPOSES OF THIS COMPACT ARE TO: 1. FACILITATE THE STATES' RESPONSIBILITY TO PROTECT THE PUBLIC'S HEALTH AND SAFETY; 2. ENSURE AND ENCOURAGE THE COOPERATION OF PARTY STATES IN THE AREAS OF APRN LICENSURE AND REGULATION, INCLUDING PROMOTION OF UNIFORM LICEN- SURE REQUIREMENTS; 3. FACILITATE THE EXCHANGE OF INFORMATION BETWEEN PARTY STATES IN THE AREAS OF APRN REGULATION, INVESTIGATION AND ADVERSE ACTIONS; 4. PROMOTE COMPLIANCE WITH THE LAWS GOVERNING APRN PRACTICE IN EACH JURISDICTION; 5. INVEST ALL PARTY STATES WITH THE AUTHORITY TO HOLD AN APRN ACCOUNT- ABLE FOR MEETING ALL STATE PRACTICE LAWS IN THE STATE IN WHICH THE PATIENT IS LOCATED AT THE TIME CARE IS RENDERED THROUGH THE MUTUAL RECOGNITION OF PARTY STATE PRIVILEGES TO PRACTICE; 6. DECREASE REDUNDANCIES IN THE CONSIDERATION AND ISSUANCE OF APRN LICENSES; AND 7. PROVIDE OPPORTUNITIES FOR INTERSTATE PRACTICE BY APRNS WHO MEET UNIFORM LICENSURE REQUIREMENTS. A. 7946 16 ARTICLE II. DEFINITIONS AS USED IN THIS COMPACT: A. "ADVANCED PRACTICE REGISTERED NURSE" OR "APRN" MEANS A REGISTERED NURSE WHO HAS GAINED ADDITIONAL SPECIALIZED KNOWLEDGE, SKILLS AND EXPE- RIENCE THROUGH A PROGRAM OF STUDY RECOGNIZED OR DEFINED BY THE INTER- STATE COMMISSION OF APRN COMPACT ADMINISTRATORS ("COMMISSION"), AND WHO IS LICENSED TO PERFORM ADVANCED NURSING PRACTICE. AN ADVANCED PRACTICE REGISTERED NURSE IS LICENSED IN AN APRN ROLE THAT IS CONGRUENT WITH AN APRN EDUCATIONAL PROGRAM, CERTIFICATION, AND COMMISSION RULES. B. "ADVERSE ACTION" MEANS ANY ADMINISTRATIVE, CIVIL, EQUITABLE OR CRIMINAL ACTION PERMITTED BY A STATE'S LAWS WHICH IS IMPOSED BY A LICENSING BOARD OR OTHER AUTHORITY AGAINST AN APRN, INCLUDING ACTIONS AGAINST AN INDIVIDUAL'S LICENSE OR MULTISTATE LICENSURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION, MONITORING OF THE LICENSEE, LIMI- TATION ON THE LICENSEE'S PRACTICE, OR ANY OTHER ENCUMBRANCE ON LICENSURE AFFECTING AN APRN'S AUTHORIZATION TO PRACTICE, INCLUDING THE ISSUANCE OF A CEASE AND DESIST ACTION. C. "ALTERNATIVE PROGRAM" MEANS A NON-DISCIPLINARY MONITORING PROGRAM APPROVED BY A LICENSING BOARD. D. "APRN LICENSURE" MEANS THE REGULATORY MECHANISM USED BY A PARTY STATE TO GRANT LEGAL AUTHORITY TO PRACTICE AS AN APRN. E. "APRN UNIFORM LICENSURE REQUIREMENTS" MEANS THE MINIMUM UNIFORM LICENSURE, EDUCATION AND EXAMINATION REQUIREMENTS SET FORTH IN SUBDIVI- SION B OF ARTICLE III OF THIS COMPACT. F. "COORDINATED LICENSURE INFORMATION SYSTEM" MEANS AN INTEGRATED PROCESS FOR COLLECTING, STORING AND SHARING INFORMATION ON APRN LICEN- SURE AND ENFORCEMENT ACTIVITIES RELATED TO APRN LICENSURE LAWS THAT IS ADMINISTERED BY A NONPROFIT ORGANIZATION COMPOSED OF AND CONTROLLED BY LICENSING BOARDS. G. "CURRENT SIGNIFICANT INVESTIGATORY INFORMATION" MEANS: 1. INVESTIGATIVE INFORMATION THAT A LICENSING BOARD, AFTER A PRELIMI- NARY INQUIRY THAT INCLUDES NOTIFICATION AND AN OPPORTUNITY FOR THE APRN TO RESPOND, IF REQUIRED BY STATE LAW, HAS REASON TO BELIEVE IS NOT GROUNDLESS AND, IF PROVED TRUE, WOULD INDICATE MORE THAN A MINOR INFRAC- TION; OR 2. INVESTIGATIVE INFORMATION THAT INDICATES THAT THE APRN REPRESENTS AN IMMEDIATE THREAT TO PUBLIC HEALTH AND SAFETY REGARDLESS OF WHETHER THE APRN HAS BEEN NOTIFIED AND HAD AN OPPORTUNITY TO RESPOND. H. "ENCUMBRANCE" MEANS A REVOCATION OR SUSPENSION OF, OR ANY LIMITA- TION ON, THE FULL AND UNRESTRICTED PRACTICE OF NURSING IMPOSED BY A LICENSING BOARD IN CONNECTION WITH A DISCIPLINARY PROCEEDING. I. "HOME STATE" MEANS THE PARTY STATE THAT IS THE APRN'S PRIMARY STATE OF RESIDENCE. J. "LICENSING BOARD" MEANS A PARTY STATE'S REGULATORY BODY RESPONSIBLE FOR REGULATING THE PRACTICE OF ADVANCED PRACTICE REGISTERED NURSING. K. "MULTISTATE LICENSE" MEANS AN APRN LICENSE TO PRACTICE AS AN APRN ISSUED BY A HOME STATE LICENSING BOARD THAT AUTHORIZES THE APRN TO PRAC- TICE AS AN APRN IN ALL PARTY STATES UNDER A MULTISTATE LICENSURE PRIVI- LEGE, IN THE SAME ROLE AND POPULATION FOCUS AS THE APRN IS LICENSED IN THE HOME STATE. L. "MULTISTATE LICENSURE PRIVILEGE" MEANS A LEGAL AUTHORIZATION ASSO- CIATED WITH AN APRN MULTISTATE LICENSE THAT PERMITS AN APRN TO PRACTICE AS AN APRN IN A REMOTE STATE, IN THE SAME ROLE AND POPULATION FOCUS AS THE APRN IS LICENSED IN THE HOME STATE. A. 7946 17 M. "NON-CONTROLLED PRESCRIPTION DRUG" MEANS A DEVICE OR DRUG THAT IS NOT A CONTROLLED SUBSTANCE AND IS PROHIBITED UNDER STATE OR FEDERAL LAW FROM BEING DISPENSED WITHOUT A PRESCRIPTION. THE TERM INCLUDES A DEVICE OR DRUG THAT BEARS OR IS REQUIRED TO BEAR THE LEGEND "CAUTION: FEDERAL LAW PROHIBITS DISPENSING WITHOUT PRESCRIPTION" OR "PRESCRIPTION ONLY" OR OTHER LEGEND THAT COMPLIES WITH FEDERAL LAW. N. "PARTY STATE" MEANS ANY STATE THAT HAS ADOPTED THIS COMPACT. O. "POPULATION FOCUS" MEANS ONE OF THE SIX POPULATION FOCI OF FAMILY/INDIVIDUAL ACROSS THE LIFESPAN, ADULT-GERONTOLOGY, PEDIATRICS, NEONATAL, WOMEN'S HEALTH/GENDER-RELATED AND PSYCH/MENTAL HEALTH. P. "PRESCRIPTIVE AUTHORITY" MEANS THE LEGAL AUTHORITY TO PRESCRIBE MEDICATIONS AND DEVICES AS DEFINED BY PARTY STATE LAWS. Q. "REMOTE STATE" MEANS A PARTY STATE THAT IS NOT THE HOME STATE. R. "ROLE" MEANS ONE OF THE FOUR RECOGNIZED ROLES OF CERTIFIED REGIS- TERED NURSE ANESTHETISTS (CRNA), CERTIFIED NURSE-MIDWIVES (CNM), CLIN- ICAL NURSE SPECIALISTS (CNS) AND CERTIFIED NURSE PRACTITIONERS (CNP). S. "SINGLE-STATE LICENSE" MEANS AN APRN LICENSE ISSUED BY A PARTY STATE THAT AUTHORIZES PRACTICE ONLY WITHIN THE ISSUING STATE AND DOES NOT INCLUDE A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN ANY OTHER PARTY STATE. T. "STATE" MEANS A STATE, TERRITORY OR POSSESSION OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA. U. "STATE PRACTICE LAWS" MEANS A PARTY STATE'S LAWS, RULES, AND REGU- LATIONS THAT GOVERN APRN PRACTICE, DEFINE THE SCOPE OF ADVANCED NURSING PRACTICE AND CREATE THE METHODS AND GROUNDS FOR IMPOSING DISCIPLINE EXCEPT THAT PRESCRIPTIVE AUTHORITY SHALL BE TREATED IN ACCORDANCE WITH SUBDIVISIONS F AND G OF ARTICLE III OF THIS COMPACT. "STATE PRACTICE LAWS" DOES NOT INCLUDE: 1. A PARTY STATE'S LAWS, RULES, AND REGULATIONS REQUIRING SUPERVISION OR COLLABORATION WITH A HEALTHCARE PROFESSIONAL, EXCEPT FOR LAWS, RULES, AND REGULATIONS REGARDING PRESCRIBING CONTROLLED SUBSTANCES; AND 2. THE REQUIREMENTS NECESSARY TO OBTAIN AND RETAIN AN APRN LICENSE, EXCEPT FOR QUALIFICATIONS OR REQUIREMENTS OF THE HOME STATE. ARTICLE III. GENERAL PROVISIONS AND JURISDICTION A. A STATE MUST IMPLEMENT PROCEDURES FOR CONSIDERING THE CRIMINAL HISTORY RECORDS OF APPLICANTS FOR INITIAL APRN LICENSURE OR APRN LICEN- SURE BY ENDORSEMENT. SUCH PROCEDURES SHALL INCLUDE THE SUBMISSION OF FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION BY APRN APPLICANTS FOR THE PURPOSE OF OBTAINING AN APPLICANT'S CRIMINAL HISTORY RECORD INFORMA- TION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE'S CRIMINAL RECORDS. B. EACH PARTY STATE SHALL REQUIRE AN APPLICANT TO SATISFY THE FOLLOW- ING APRN UNIFORM LICENSURE REQUIREMENTS TO OBTAIN OR RETAIN A MULTISTATE LICENSE IN THE HOME STATE: 1. MEETS THE HOME STATE'S QUALIFICATIONS FOR LICENSURE OR RENEWAL OF LICENSURE, AS WELL AS, ALL OTHER APPLICABLE STATE LAWS; 2. I. HAS COMPLETED AN ACCREDITED GRADUATE-LEVEL EDUCATION PROGRAM THAT PREPARES THE APPLICANT FOR ONE OF THE FOUR RECOGNIZED ROLES AND POPULATION FOCI; OR II. HAS COMPLETED A FOREIGN APRN EDUCATION PROGRAM FOR ONE OF THE FOUR RECOGNIZED ROLES AND POPULATION FOCI THAT (A) HAS BEEN APPROVED BY THE AUTHORIZED ACCREDITING BODY IN THE APPLICABLE COUNTRY AND (B) HAS BEEN A. 7946 18 VERIFIED BY AN INDEPENDENT CREDENTIALS REVIEW AGENCY TO BE COMPARABLE TO A LICENSING BOARD-APPROVED APRN EDUCATION PROGRAM; 3. HAS, IF A GRADUATE OF A FOREIGN APRN EDUCATION PROGRAM NOT TAUGHT IN ENGLISH OR IF ENGLISH IS NOT THE INDIVIDUAL'S NATIVE LANGUAGE, SUCCESSFULLY PASSED AN ENGLISH PROFICIENCY EXAMINATION THAT INCLUDES THE COMPONENTS OF READING, SPEAKING, WRITING AND LISTENING; 4. HAS SUCCESSFULLY PASSED A NATIONAL CERTIFICATION EXAMINATION THAT MEASURES APRN, ROLE AND POPULATION-FOCUSED COMPETENCIES AND MAINTAINS CONTINUED COMPETENCE AS EVIDENCED BY RECERTIFICATION IN THE ROLE AND POPULATION FOCUS THROUGH THE NATIONAL CERTIFICATION PROGRAM; 5. HOLDS AN ACTIVE, UNENCUMBERED LICENSE AS A REGISTERED NURSE AND AN ACTIVE, UNENCUMBERED AUTHORIZATION TO PRACTICE AS AN APRN; 6. HAS SUCCESSFULLY PASSED AN NCLEX-RN EXAMINATION OR RECOGNIZED PRED- ECESSOR, AS APPLICABLE; 7. HAS PRACTICED FOR AT LEAST 2,080 HOURS AS AN APRN IN A ROLE AND POPULATION FOCUS CONGRUENT WITH THE APPLICANT'S EDUCATION AND TRAINING. FOR PURPOSES OF THIS SECTION, PRACTICE SHALL NOT INCLUDE HOURS OBTAINED AS PART OF ENROLLMENT IN AN APRN EDUCATION PROGRAM; 8. HAS SUBMITTED, IN CONNECTION WITH AN APPLICATION FOR INITIAL LICEN- SURE OR LICENSURE BY ENDORSEMENT, FINGERPRINTS OR OTHER BIOMETRIC DATA FOR THE PURPOSE OF OBTAINING CRIMINAL HISTORY RECORD INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AND THE AGENCY RESPONSIBLE FOR RETAINING THAT STATE OR, IF APPLICABLE, FOREIGN COUNTRY'S CRIMINAL RECORDS; 9. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN AGREED DISPOSITION, OF A FELONY OFFENSE UNDER APPLICABLE STATE, FEDERAL OR FOREIGN CRIMINAL LAW; 10. HAS NOT BEEN CONVICTED OR FOUND GUILTY, OR HAS ENTERED INTO AN AGREED DISPOSITION, OF A MISDEMEANOR OFFENSE RELATED TO THE PRACTICE OF NURSING AS DETERMINED BY FACTORS SET FORTH IN RULES ADOPTED BY THE COMMISSION; 11. IS NOT CURRENTLY ENROLLED IN AN ALTERNATIVE PROGRAM; 12. IS SUBJECT TO SELF-DISCLOSURE REQUIREMENTS REGARDING CURRENT PARTICIPATION IN AN ALTERNATIVE PROGRAM; AND 13. HAS A VALID UNITED STATES SOCIAL SECURITY NUMBER. C. AN APRN ISSUED A MULTISTATE LICENSE SHALL BE LICENSED IN AN APPROVED ROLE AND AT LEAST ONE APPROVED POPULATION FOCUS. D. AN APRN MULTISTATE LICENSE ISSUED BY A HOME STATE TO A RESIDENT IN THAT STATE WILL BE RECOGNIZED BY EACH PARTY STATE AS AUTHORIZING THE APRN TO PRACTICE AS AN APRN IN EACH PARTY STATE, UNDER A MULTISTATE LICENSURE PRIVILEGE, IN THE SAME ROLE AND POPULATION FOCUS AS THE APRN IS LICENSED IN THE HOME STATE. E. NOTHING IN THIS COMPACT SHALL AFFECT THE REQUIREMENTS ESTABLISHED BY A PARTY STATE FOR THE ISSUANCE OF A SINGLE-STATE LICENSE, EXCEPT THAT AN INDIVIDUAL MAY APPLY FOR A SINGLE-STATE LICENSE, INSTEAD OF A MULTI- STATE LICENSE, EVEN IF OTHERWISE QUALIFIED FOR THE MULTISTATE LICENSE. HOWEVER, THE FAILURE OF SUCH AN INDIVIDUAL TO AFFIRMATIVELY OPT FOR A SINGLE STATE LICENSE MAY RESULT IN THE ISSUANCE OF A MULTISTATE LICENSE. F. ISSUANCE OF AN APRN MULTISTATE LICENSE SHALL INCLUDE PRESCRIPTIVE AUTHORITY FOR NONCONTROLLED PRESCRIPTION DRUGS. G. FOR EACH STATE IN WHICH AN APRN SEEKS AUTHORITY TO PRESCRIBE CONTROLLED SUBSTANCES, THE APRN SHALL SATISFY ALL REQUIREMENTS IMPOSED BY SUCH STATE IN GRANTING AND/OR RENEWING SUCH AUTHORITY. H. AN APRN ISSUED A MULTISTATE LICENSE IS AUTHORIZED TO ASSUME RESPON- SIBILITY AND ACCOUNTABILITY FOR PATIENT CARE INDEPENDENT OF ANY SUPERVI- SORY OR COLLABORATIVE RELATIONSHIP. THIS AUTHORITY MAY BE EXERCISED IN A. 7946 19 THE HOME STATE AND IN ANY REMOTE STATE IN WHICH THE APRN EXERCISES A MULTISTATE LICENSURE PRIVILEGE. I. ALL PARTY STATES SHALL BE AUTHORIZED, IN ACCORDANCE WITH STATE DUE PROCESS LAWS, TO TAKE ADVERSE ACTION AGAINST AN APRN'S MULTISTATE LICEN- SURE PRIVILEGE SUCH AS REVOCATION, SUSPENSION, PROBATION OR ANY OTHER ACTION THAT AFFECTS AN APRN'S AUTHORIZATION TO PRACTICE UNDER A MULTI- STATE LICENSURE PRIVILEGE, INCLUDING CEASE AND DESIST ACTIONS. IF A PARTY STATE TAKES SUCH ACTION, IT SHALL PROMPTLY NOTIFY THE ADMINISTRA- TOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE HOME STATE OF ANY SUCH ACTIONS BY REMOTE STATES. J. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS COMPACT, AN APRN PRACTICING IN A PARTY STATE MUST COMPLY WITH THE STATE PRACTICE LAWS OF THE STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME SERVICE IS PROVIDED. APRN PRACTICE IS NOT LIMITED TO PATIENT CARE, BUT SHALL INCLUDE ALL ADVANCED NURSING PRACTICE AS DEFINED BY THE STATE PRACTICE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED. APRN PRACTICE IN A PARTY STATE UNDER A MULTISTATE LICENSURE PRIVILEGE WILL SUBJECT THE APRN TO THE JURISDICTION OF THE LICENSING BOARD, THE COURTS, AND THE LAWS OF THE PARTY STATE IN WHICH THE CLIENT IS LOCATED AT THE TIME SERVICE IS PROVIDED. K. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS COMPACT, THIS COMPACT DOES NOT AFFECT ADDITIONAL REQUIREMENTS IMPOSED BY STATES FOR ADVANCED PRACTICE REGISTERED NURSING. HOWEVER, A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE REGISTERED NURSING GRANTED BY A PARTY STATE SHALL BE RECOGNIZED BY OTHER PARTY STATES AS SATISFYING ANY STATE LAW REQUIRE- MENT FOR REGISTERED NURSE LICENSURE AS A PRECONDITION FOR AUTHORIZATION TO PRACTICE AS AN APRN IN THAT STATE. L. INDIVIDUALS NOT RESIDING IN A PARTY STATE SHALL CONTINUE TO BE ABLE TO APPLY FOR A PARTY STATE'S SINGLE-STATE APRN LICENSE AS PROVIDED UNDER THE LAWS OF EACH PARTY STATE. HOWEVER, THE SINGLE-STATE LICENSE GRANTED TO THESE INDIVIDUALS WILL NOT BE RECOGNIZED AS GRANTING THE PRIVILEGE TO PRACTICE AS AN APRN IN ANY OTHER PARTY STATE. ARTICLE IV. APPLICATIONS FOR APRN LICENSURE IN A PARTY STATE A. UPON APPLICATION FOR AN APRN MULTISTATE LICENSE, THE LICENSING BOARD IN THE ISSUING PARTY STATE SHALL ASCERTAIN, THROUGH THE COORDI- NATED LICENSURE INFORMATION SYSTEM, WHETHER THE APPLICANT HAS EVER HELD OR IS THE HOLDER OF A LICENSED PRACTICAL/VOCATIONAL NURSING LICENSE, A REGISTERED NURSING LICENSE OR AN ADVANCED PRACTICE REGISTERED NURSE LICENSE ISSUED BY ANY OTHER STATE, WHETHER THERE ARE ANY ENCUMBRANCES ON ANY LICENSE OR MULTISTATE LICENSURE PRIVILEGE HELD BY THE APPLICANT, WHETHER ANY ADVERSE ACTION HAS BEEN TAKEN AGAINST ANY LICENSE OR MULTI- STATE LICENSURE PRIVILEGE HELD BY THE APPLICANT AND WHETHER THE APPLI- CANT IS CURRENTLY PARTICIPATING IN AN ALTERNATIVE PROGRAM. B. AN APRN MAY HOLD A MULTISTATE APRN LICENSE, ISSUED BY THE HOME STATE, IN ONLY ONE PARTY STATE AT A TIME. C. IF AN APRN CHANGES PRIMARY STATE OF RESIDENCE BY MOVING BETWEEN TWO PARTY STATES, THE APRN MUST APPLY FOR APRN LICENSURE IN THE NEW HOME STATE, AND THE MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE SHALL BE DEACTIVATED IN ACCORDANCE WITH APPLICABLE COMMISSION RULES. 1. THE APRN MAY APPLY FOR LICENSURE IN ADVANCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE. A. 7946 20 2. A MULTISTATE APRN LICENSE SHALL NOT BE ISSUED BY THE NEW HOME STATE UNTIL THE APRN PROVIDES SATISFACTORY EVIDENCE OF A CHANGE IN PRIMARY STATE OF RESIDENCE TO THE NEW HOME STATE AND SATISFIES ALL APPLICABLE REQUIREMENTS TO OBTAIN A MULTISTATE APRN LICENSE FROM THE NEW HOME STATE. D. IF AN APRN CHANGES PRIMARY STATE OF RESIDENCE BY MOVING FROM A PARTY STATE TO A NON-PARTY STATE, THE APRN MULTISTATE LICENSE ISSUED BY THE PRIOR HOME STATE WILL CONVERT TO A SINGLE-STATE LICENSE, VALID ONLY IN THE FORMER HOME STATE. ARTICLE V. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS A. IN ADDITION TO THE OTHER POWERS CONFERRED BY STATE LAW, A LICENSING BOARD SHALL HAVE THE AUTHORITY TO: 1. TAKE ADVERSE ACTION AGAINST AN APRN'S MULTISTATE LICENSURE PRIVI- LEGE TO PRACTICE WITHIN THAT PARTY STATE. I. ONLY THE HOME STATE SHALL HAVE POWER TO TAKE ADVERSE ACTION AGAINST AN APRN'S LICENSE ISSUED BY THE HOME STATE. II. FOR PURPOSES OF TAKING ADVERSE ACTION, THE HOME STATE LICENSING BOARD SHALL GIVE THE SAME PRIORITY AND EFFECT TO REPORTED CONDUCT THAT OCCURRED OUTSIDE OF THE HOME STATE AS IT WOULD IF SUCH CONDUCT HAD OCCURRED WITHIN THE HOME STATE. IN SO DOING, THE HOME STATE SHALL APPLY ITS OWN STATE LAWS TO DETERMINE APPROPRIATE ACTION. 2. ISSUE CEASE AND DESIST ORDERS OR IMPOSE AN ENCUMBRANCE ON AN APRN'S AUTHORITY TO PRACTICE WITHIN THAT PARTY STATE. 3. COMPLETE ANY PENDING INVESTIGATIONS OF AN APRN WHO CHANGES PRIMARY STATE OF RESIDENCE DURING THE COURSE OF SUCH INVESTIGATIONS. THE LICENS- ING BOARD SHALL ALSO HAVE THE AUTHORITY TO TAKE APPROPRIATE ACTION(S) AND SHALL PROMPTLY REPORT THE CONCLUSIONS OF SUCH INVESTIGATIONS TO THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM. THE ADMINISTRATOR OF THE COORDINATED LICENSURE INFORMATION SYSTEM SHALL PROMPTLY NOTIFY THE NEW HOME STATE OF ANY SUCH ACTIONS. 4. ISSUE SUBPOENAS FOR BOTH HEARINGS AND INVESTIGATIONS THAT REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES, AS WELL AS, THE PRODUCTION OF EVIDENCE. SUBPOENAS ISSUED BY A PARTY STATE LICENSING BOARD FOR THE ATTENDANCE AND TESTIMONY OF WITNESSES AND/OR THE PRODUCTION OF EVIDENCE FROM ANOTHER PARTY STATE SHALL BE ENFORCED IN THE LATTER STATE BY ANY COURT OF COMPETENT JURISDICTION, ACCORDING TO THAT COURT'S PRACTICE AND PROCEDURE IN CONSIDERING SUBPOENAS ISSUED IN ITS OWN PROCEEDINGS. THE ISSUING LICENSING BOARD SHALL PAY ANY WITNESS FEES, TRAVEL EXPENSES, MILEAGE AND OTHER FEES REQUIRED BY THE SERVICE STATUTES OF THE STATE IN WHICH THE WITNESSES AND/OR EVIDENCE ARE LOCATED. 5. OBTAIN AND SUBMIT, FOR AN APRN LICENSURE APPLICANT, FINGERPRINTS OR OTHER BIOMETRIC-BASED INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR CRIMINAL BACKGROUND CHECKS, RECEIVE THE RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION RECORD SEARCH ON CRIMINAL BACKGROUND CHECKS AND USE THE RESULTS IN MAKING LICENSURE DECISIONS. 6. IF OTHERWISE PERMITTED BY STATE LAW, RECOVER FROM THE AFFECTED APRN THE COSTS OF INVESTIGATIONS AND DISPOSITION OF CASES RESULTING FROM ANY ADVERSE ACTION TAKEN AGAINST THAT APRN. 7. TAKE ADVERSE ACTION BASED ON THE FACTUAL FINDINGS OF ANOTHER PARTY STATE, PROVIDED THAT THE LICENSING BOARD FOLLOWS ITS OWN PROCEDURES FOR TAKING SUCH ADVERSE ACTION. B. IF ADVERSE ACTION IS TAKEN BY A HOME STATE AGAINST AN APRN'S MULTI- STATE LICENSURE, THE PRIVILEGE TO PRACTICE IN ALL OTHER PARTY STATES A. 7946 21 UNDER A MULTISTATE LICENSURE PRIVILEGE SHALL BE DEACTIVATED UNTIL ALL ENCUMBRANCES HAVE BEEN REMOVED FROM THE APRN'S MULTISTATE LICENSE. ALL HOME STATE DISCIPLINARY ORDERS THAT IMPOSE ADVERSE ACTION AGAINST AN APRN'S MULTISTATE LICENSE SHALL INCLUDE A STATEMENT THAT THE APRN'S MULTISTATE LICENSURE PRIVILEGE IS DEACTIVATED IN ALL PARTY STATES DURING THE PENDENCY OF THE ORDER. C. NOTHING IN THIS COMPACT SHALL OVERRIDE A PARTY STATE'S DECISION THAT PARTICIPATION IN AN ALTERNATIVE PROGRAM MAY BE USED IN LIEU OF ADVERSE ACTION. THE HOME STATE LICENSING BOARD SHALL DEACTIVATE THE MULTISTATE LICENSURE PRIVILEGE UNDER THE MULTISTATE LICENSE OF ANY APRN FOR THE DURATION OF THE APRN'S PARTICIPATION IN AN ALTERNATIVE PROGRAM. ARTICLE VI. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION A. ALL PARTY STATES SHALL PARTICIPATE IN A COORDINATED LICENSURE INFORMATION SYSTEM OF ALL APRNS, LICENSED REGISTERED NURSES AND LICENSED PRACTICAL/VOCATIONAL NURSES. THIS SYSTEM WILL INCLUDE INFORMATION ON THE LICENSURE AND DISCIPLINARY HISTORY OF EACH APRN, AS SUBMITTED BY PARTY STATES, TO ASSIST IN THE COORDINATED ADMINISTRATION OF APRN LICENSURE AND ENFORCEMENT EFFORTS. B. THE COMMISSION, IN CONSULTATION WITH THE ADMINISTRATOR OF THE COOR- DINATED LICENSURE INFORMATION SYSTEM, SHALL FORMULATE NECESSARY AND PROPER PROCEDURES FOR THE IDENTIFICATION, COLLECTION AND EXCHANGE OF INFORMATION UNDER THIS COMPACT. C. ALL LICENSING BOARDS SHALL PROMPTLY REPORT TO THE COORDINATED LICENSURE INFORMATION SYSTEM ANY ADVERSE ACTION, ANY CURRENT SIGNIFICANT INVESTIGATIVE INFORMATION, DENIALS OF APPLICATIONS (WITH THE REASONS FOR SUCH DENIALS) AND APRN PARTICIPATION IN ALTERNATIVE PROGRAMS KNOWN TO THE LICENSING BOARD REGARDLESS OF WHETHER SUCH PARTICIPATION IS DEEMED NONPUBLIC AND/OR CONFIDENTIAL UNDER STATE LAW. D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL PARTY STATE LICENS- ING BOARDS CONTRIBUTING INFORMATION TO THE COORDINATED LICENSURE INFOR- MATION SYSTEM MAY DESIGNATE INFORMATION THAT MAY NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS WITHOUT THE EXPRESS PERMISSION OF THE CONTRIBUTING STATE. E. ANY PERSONALLY IDENTIFIABLE INFORMATION OBTAINED FROM THE COORDI- NATED LICENSURE INFORMATION SYSTEM BY A PARTY STATE LICENSING BOARD SHALL NOT BE SHARED WITH NON-PARTY STATES OR DISCLOSED TO OTHER ENTITIES OR INDIVIDUALS EXCEPT TO THE EXTENT PERMITTED BY THE LAWS OF THE PARTY STATE CONTRIBUTING THE INFORMATION. F. ANY INFORMATION CONTRIBUTED TO THE COORDINATED LICENSURE INFORMA- TION SYSTEM THAT IS SUBSEQUENTLY REQUIRED TO BE EXPUNGED BY THE LAWS OF THE PARTY STATE CONTRIBUTING THE INFORMATION SHALL BE REMOVED FROM THE COORDINATED LICENSURE INFORMATION SYSTEM. G. THE COMPACT ADMINISTRATOR OF EACH PARTY STATE SHALL FURNISH A UNIFORM DATA SET TO THE COMPACT ADMINISTRATOR OF EACH OTHER PARTY STATE, WHICH SHALL INCLUDE, AT A MINIMUM: 1. IDENTIFYING INFORMATION; 2. LICENSURE DATA; 3. INFORMATION RELATED TO ALTERNATIVE PROGRAM PARTICIPATION INFORMA- TION; AND 4. OTHER INFORMATION THAT MAY FACILITATE THE ADMINISTRATION OF THIS COMPACT, AS DETERMINED BY COMMISSION RULES. H. THE COMPACT ADMINISTRATOR OF A PARTY STATE SHALL PROVIDE ALL INVES- TIGATIVE DOCUMENTS AND INFORMATION REQUESTED BY ANOTHER PARTY STATE. A. 7946 22 ARTICLE VII. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF APRN COMPACT ADMINISTRATORS A. THE PARTY STATES HEREBY CREATE AND ESTABLISH A JOINT PUBLIC AGENCY KNOWN AS THE INTERSTATE COMMISSION OF APRN COMPACT ADMINISTRATORS. 1. THE COMMISSION IS AN INSTRUMENTALITY OF THE PARTY STATES. 2. VENUE IS PROPER, AND JUDICIAL PROCEEDINGS BY OR AGAINST THE COMMIS- SION SHALL BE BROUGHT SOLELY AND EXCLUSIVELY, IN A COURT OF COMPETENT JURISDICTION WHERE THE PRINCIPAL OFFICE OF THE COMMISSION IS LOCATED. THE COMMISSION MAY WAIVE VENUE AND JURISDICTIONAL DEFENSES TO THE EXTENT IT ADOPTS OR CONSENTS TO PARTICIPATE IN ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS. 3. NOTHING IN THIS COMPACT SHALL BE CONSTRUED TO BE A WAIVER OF SOVER- EIGN IMMUNITY. B. MEMBERSHIP, VOTING AND MEETINGS. 1. EACH PARTY STATE SHALL HAVE AND BE LIMITED TO ONE ADMINISTRATOR. THE HEAD OF THE STATE LICENSING BOARD OR DESIGNEE SHALL BE THE ADMINIS- TRATOR OF THIS COMPACT FOR EACH PARTY STATE. ANY ADMINISTRATOR MAY BE REMOVED OR SUSPENDED FROM OFFICE AS PROVIDED BY THE LAW OF THE STATE FROM WHICH THE ADMINISTRATOR IS APPOINTED. ANY VACANCY OCCURRING IN THE COMMISSION SHALL BE FILLED IN ACCORDANCE WITH THE LAWS OF THE PARTY STATE IN WHICH THE VACANCY EXISTS. 2. EACH ADMINISTRATOR SHALL BE ENTITLED TO ONE (1) VOTE WITH REGARD TO THE PROMULGATION OF RULES AND CREATION OF BYLAWS AND SHALL OTHERWISE HAVE AN OPPORTUNITY TO PARTICIPATE IN THE BUSINESS AND AFFAIRS OF THE COMMISSION. AN ADMINISTRATOR SHALL VOTE IN PERSON OR BY SUCH OTHER MEANS AS PROVIDED IN THE BYLAWS. THE BYLAWS MAY PROVIDE FOR AN ADMINISTRATOR'S PARTICIPATION IN MEETINGS BY TELEPHONE OR OTHER MEANS OF COMMUNICATION. 3. THE COMMISSION SHALL MEET AT LEAST ONCE DURING EACH CALENDAR YEAR. ADDITIONAL MEETINGS SHALL BE HELD AS SET FORTH IN THE BYLAWS OR RULES OF THE COMMISSION. 4. ALL MEETINGS SHALL BE OPEN TO THE PUBLIC, AND PUBLIC NOTICE OF MEETINGS SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED UNDER THE RULE- MAKING PROVISIONS IN ARTICLE VIII. 5. THE COMMISSION MAY CONVENE IN A CLOSED, NONPUBLIC MEETING IF THE COMMISSION MUST DISCUSS: I. NONCOMPLIANCE OF A PARTY STATE WITH ITS OBLIGATIONS UNDER THIS COMPACT; II. THE EMPLOYMENT, COMPENSATION, DISCIPLINE OR OTHER PERSONNEL MATTERS, PRACTICES OR PROCEDURES RELATED TO SPECIFIC EMPLOYEES OR OTHER MATTERS RELATED TO THE COMMISSION'S INTERNAL PERSONNEL PRACTICES AND PROCEDURES; III. CURRENT, THREATENED, OR REASONABLY ANTICIPATED LITIGATION; IV. NEGOTIATION OF CONTRACTS FOR THE PURCHASE OR SALE OF GOODS, SERVICES OR REAL ESTATE; V. ACCUSING ANY PERSON OF A CRIME OR FORMALLY CENSURING ANY PERSON; VI. DISCLOSURE OF TRADE SECRETS OR COMMERCIAL OR FINANCIAL INFORMATION THAT IS PRIVILEGED OR CONFIDENTIAL; VII. DISCLOSURE OF INFORMATION OF A PERSONAL NATURE WHERE DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF PERSONAL PRIVACY; VIII. DISCLOSURE OF INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES; IX. DISCLOSURE OF INFORMATION RELATED TO ANY REPORTS PREPARED BY OR ON BEHALF OF THE COMMISSION FOR THE PURPOSE OF INVESTIGATION OF COMPLIANCE WITH THIS COMPACT; OR A. 7946 23 X. MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY FEDERAL OR STATE STATUTE. 6. IF A MEETING, OR PORTION OF A MEETING, IS CLOSED PURSUANT TO THIS PROVISION, THE COMMISSION'S LEGAL COUNSEL OR DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTING PROVISION. THE COMMISSION SHALL KEEP MINUTES THAT FULLY AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN, AND THE REASONS THEREFOR, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED. ALL DOCUMENTS CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE COMMISSION OR ORDER OF A COURT OF COMPETENT JURISDICTION. C. THE COMMISSION SHALL, BY A MAJORITY VOTE OF THE ADMINISTRATORS, PRESCRIBE BYLAWS OR RULES TO GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT THE PURPOSES AND EXERCISE THE POWERS OF THIS COMPACT, INCLUDING BUT NOT LIMITED TO: 1. ESTABLISHING THE FISCAL YEAR OF THE COMMISSION; 2. PROVIDING REASONABLE STANDARDS AND PROCEDURES: I. FOR THE ESTABLISHMENT AND MEETINGS OF OTHER COMMITTEES; AND II. GOVERNING ANY GENERAL OR SPECIFIC DELEGATION OF ANY AUTHORITY OR FUNCTION OF THE COMMISSION; 3. PROVIDING REASONABLE PROCEDURES FOR CALLING AND CONDUCTING MEETINGS OF THE COMMISSION, ENSURING REASONABLE ADVANCE NOTICE OF ALL MEETINGS AND PROVIDING AN OPPORTUNITY FOR ATTENDANCE OF SUCH MEETINGS BY INTER- ESTED PARTIES, WITH ENUMERATED EXCEPTIONS DESIGNED TO PROTECT THE PUBLIC'S INTEREST, THE PRIVACY OF INDIVIDUALS, AND PROPRIETARY INFORMA- TION, INCLUDING TRADE SECRETS. THE COMMISSION MAY MEET IN CLOSED SESSION ONLY AFTER A MAJORITY OF THE ADMINISTRATORS VOTE TO CLOSE A MEETING IN WHOLE OR IN PART. AS SOON AS PRACTICABLE, THE COMMISSION MUST MAKE PUBLIC A COPY OF THE VOTE TO CLOSE THE MEETING REVEALING THE VOTE OF EACH ADMINISTRATOR, WITH NO PROXY VOTES ALLOWED; 4. ESTABLISHING THE TITLES, DUTIES AND AUTHORITY AND REASONABLE PROCE- DURES FOR THE ELECTION OF THE OFFICERS OF THE COMMISSION; 5. PROVIDING REASONABLE STANDARDS AND PROCEDURES FOR THE ESTABLISHMENT OF THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION. NOTWITHSTAND- ING ANY CIVIL SERVICE OR OTHER SIMILAR LAWS OF ANY PARTY STATE, THE BYLAWS SHALL EXCLUSIVELY GOVERN THE PERSONNEL POLICIES AND PROGRAMS OF THE COMMISSION; 6. PROVIDING A MECHANISM FOR WINDING UP THE OPERATIONS OF THE COMMIS- SION AND THE EQUITABLE DISPOSITION OF ANY SURPLUS FUNDS THAT MAY EXIST AFTER THE TERMINATION OF THIS COMPACT AFTER THE PAYMENT AND/OR RESERVING OF ALL OF ITS DEBTS AND OBLIGATIONS; D. THE COMMISSION SHALL PUBLISH ITS BYLAWS AND RULES, AND ANY AMEND- MENTS THERETO, IN A CONVENIENT FORM ON THE WEBSITE OF THE COMMISSION; E. THE COMMISSION SHALL MAINTAIN ITS FINANCIAL RECORDS IN ACCORDANCE WITH THE BYLAWS; AND F. THE COMMISSION SHALL MEET AND TAKE SUCH ACTIONS AS ARE CONSISTENT WITH THE PROVISIONS OF THIS COMPACT AND THE BYLAWS. G. THE COMMISSION SHALL HAVE THE FOLLOWING POWERS: 1. TO PROMULGATE UNIFORM RULES TO FACILITATE AND COORDINATE IMPLEMEN- TATION AND ADMINISTRATION OF THIS COMPACT. THE RULES SHALL HAVE THE FORCE AND EFFECT OF LAW AND SHALL BE BINDING IN ALL PARTY STATES; 2. TO BRING AND PROSECUTE LEGAL PROCEEDINGS OR ACTIONS IN THE NAME OF THE COMMISSION, PROVIDED THAT THE STANDING OF ANY LICENSING BOARD TO SUE OR BE SUED UNDER APPLICABLE LAW SHALL NOT BE AFFECTED; A. 7946 24 3. TO PURCHASE AND MAINTAIN INSURANCE AND BONDS; 4. TO BORROW, ACCEPT OR CONTRACT FOR SERVICES OF PERSONNEL, INCLUDING BUT NOT LIMITED TO EMPLOYEES OF A PARTY STATE OR NONPROFIT ORGANIZA- TIONS; 5. TO COOPERATE WITH OTHER ORGANIZATIONS THAT ADMINISTER STATE COMPACTS RELATED TO THE REGULATION OF NURSING, INCLUDING BUT NOT LIMITED TO SHARING ADMINISTRATIVE OR STAFF EXPENSES, OFFICE SPACE OR OTHER RESOURCES; 6. TO HIRE EMPLOYEES, ELECT OR APPOINT OFFICERS, FIX COMPENSATION, DEFINE DUTIES, GRANT SUCH INDIVIDUALS APPROPRIATE AUTHORITY TO CARRY OUT THE PURPOSES OF THIS COMPACT, AND TO ESTABLISH THE COMMISSION'S PERSON- NEL POLICIES AND PROGRAMS RELATING TO CONFLICTS OF INTEREST, QUALIFICA- TIONS OF PERSONNEL AND OTHER RELATED PERSONNEL MATTERS; 7. TO ACCEPT ANY AND ALL APPROPRIATE DONATIONS, GRANTS AND GIFTS OF MONEY, EQUIPMENT, SUPPLIES, MATERIALS AND SERVICES, AND TO RECEIVE, UTILIZE AND DISPOSE OF THE SAME; PROVIDED THAT AT ALL TIMES THE COMMIS- SION SHALL STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY AND/OR CONFLICT OF INTEREST; 8. TO LEASE, PURCHASE, ACCEPT APPROPRIATE GIFTS OR DONATIONS OF, OR OTHERWISE TO OWN, HOLD, IMPROVE OR USE, ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED; PROVIDED THAT AT ALL TIMES THE COMMISSION SHALL STRIVE TO AVOID ANY APPEARANCE OF IMPROPRIETY; 9. TO SELL CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE, ABANDON OR OTHERWISE DISPOSE OF ANY PROPERTY, WHETHER REAL, PERSONAL OR MIXED; 10. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES; 11. TO BORROW MONEY; 12. TO APPOINT COMMITTEES, INCLUDING ADVISORY COMMITTEES COMPRISED OF ADMINISTRATORS, STATE NURSING REGULATORS, STATE LEGISLATORS OR THEIR REPRESENTATIVES, AND CONSUMER REPRESENTATIVES, AND OTHER SUCH INTERESTED PERSONS; 13. TO ISSUE ADVISORY OPINIONS; 14. TO PROVIDE AND RECEIVE INFORMATION FROM, AND TO COOPERATE WITH, LAW ENFORCEMENT AGENCIES; 15. TO ADOPT AND USE AN OFFICIAL SEAL; AND 16. TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY OR APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT CONSISTENT WITH THE STATE REGU- LATION OF APRN LICENSURE AND PRACTICE. H. FINANCING OF THE COMMISSION. 1. THE COMMISSION SHALL PAY, OR PROVIDE FOR THE PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT, ORGANIZATION AND ONGOING ACTIVITIES. 2. THE COMMISSION MAY ALSO LEVY ON AND COLLECT AN ANNUAL ASSESSMENT FROM EACH PARTY STATE TO COVER THE COST OF ITS OPERATIONS, ACTIVITIES AND STAFF IN ITS ANNUAL BUDGET AS APPROVED EACH YEAR. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT, IF ANY, SHALL BE ALLOCATED BASED UPON A FORMU- LA TO BE DETERMINED BY THE COMMISSION, WHICH SHALL PROMULGATE A RULE THAT IS BINDING UPON ALL PARTY STATES. 3. THE COMMISSION SHALL NOT INCUR OBLIGATIONS OF ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME; NOR SHALL THE COMMISSION PLEDGE THE CREDIT OF ANY OF THE PARTY STATES, EXCEPT BY, AND WITH THE AUTHORITY OF, SUCH PARTY STATE. 4. THE COMMISSION SHALL KEEP ACCURATE ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS. THE RECEIPTS AND DISBURSEMENTS OF THE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE COMMISSION SHALL BY AUDITED YEARLY BY A CERTIFIED OR LICENSED PUBLIC A. 7946 25 ACCOUNTANT, AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL REPORT OF THE COMMISSION. I. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION. 1. THE ADMINISTRATORS, OFFICERS, EXECUTIVE DIRECTOR, EMPLOYEES AND REPRESENTATIVES OF THE COMMISSION SHALL BE IMMUNE FROM SUIT AND LIABIL- ITY, EITHER PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR ANY CLAIM FOR DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABIL- ITY CAUSED BY OR ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED, WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROTECT ANY SUCH PERSON FROM SUIT AND/OR LIABILITY FOR ANY DAMAGE, LOSS, INJURY OR LIABILITY CAUSED BY THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. 2. THE COMMISSION SHALL DEFEND ANY ADMINISTRATOR, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMISSION IN ANY CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES, OR THAT THE PERSON AGAINST WHOM THE CLAIM IS MADE HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSIBILITIES; PROVIDED THAT NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT THAT PERSON FROM RETAINING HIS OR HER OWN COUNSEL; AND PROVIDED FURTHER THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THAT PERSON'S INTENTIONAL, WILLFUL OR WANTON MISCONDUCT. 3. THE COMMISSION SHALL INDEMNIFY AND HOLD HARMLESS ANY ADMINISTRATOR, OFFICER, EXECUTIVE DIRECTOR, EMPLOYEE OR REPRESENTATIVE OF THE COMMIS- SION FOR THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT OBTAINED AGAINST THAT PERSON ARISING OUT OF ANY ACTUAL OR ALLEGED ACT, ERROR OR OMISSION THAT OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI- BILITIES, OR THAT SUCH PERSON HAD A REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF COMMISSION EMPLOYMENT, DUTIES OR RESPONSI- BILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT, ERROR OR OMISSION DID NOT RESULT FROM THE INTENTIONAL, WILLFUL OR WANTON MISCONDUCT OF THAT PERSON. ARTICLE VIII. RULEMAKING A. THE COMMISSION SHALL EXERCISE ITS RULEMAKING POWERS PURSUANT TO THE CRITERIA SET FORTH IN THIS ARTICLE AND THE RULES ADOPTED THEREUNDER. RULES AND AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED IN EACH RULE OR AMENDMENT AND SHALL HAVE THE SAME FORCE AND EFFECT AS PROVISIONS OF THIS COMPACT. B. RULES OR AMENDMENTS TO THE RULES SHALL BE ADOPTED AT A REGULAR OR SPECIAL MEETING OF THE COMMISSION. C. PRIOR TO PROMULGATION AND ADOPTION OF A FINAL RULE OR RULES BY THE COMMISSION, AND AT LEAST SIXTY (60) DAYS IN ADVANCE OF THE MEETING AT WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON, THE COMMISSION SHALL FILE A NOTICE OF PROPOSED RULEMAKING: 1. ON THE WEBSITE OF THE COMMISSION; AND 2. ON THE WEBSITE OF EACH LICENSING BOARD OR THE PUBLICATION IN WHICH EACH STATE WOULD OTHERWISE PUBLISH PROPOSED RULES. D. THE NOTICE OF PROPOSED RULEMAKING SHALL INCLUDE: 1. THE PROPOSED TIME, DATE AND LOCATION OF THE MEETING IN WHICH THE RULE WILL BE CONSIDERED AND VOTED UPON; A. 7946 26 2. THE TEXT OF THE PROPOSED RULE OR AMENDMENT, AND THE REASON FOR THE PROPOSED RULE; 3. A REQUEST FOR COMMENTS ON THE PROPOSED RULE FROM ANY INTERESTED PERSON; AND 4. THE MANNER IN WHICH INTERESTED PERSONS MAY SUBMIT NOTICE TO THE COMMISSION OF THEIR INTENTION TO ATTEND THE PUBLIC HEARING AND ANY WRIT- TEN COMMENTS. E. PRIOR TO ADOPTION OF A PROPOSED RULE, THE COMMISSION SHALL ALLOW PERSONS TO SUBMIT WRITTEN DATA, FACTS, OPINIONS AND ARGUMENTS, WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC. F. THE COMMISSION SHALL GRANT AN OPPORTUNITY FOR A PUBLIC HEARING BEFORE IT ADOPTS A RULE OR AMENDMENT. G. THE COMMISSION SHALL PUBLISH THE PLACE, TIME, AND DATE OF THE SCHE- DULED PUBLIC HEARING. 1. HEARINGS SHALL BE CONDUCTED IN A MANNER PROVIDING EACH PERSON WHO WISHES TO COMMENT A FAIR AND REASONABLE OPPORTUNITY TO COMMENT ORALLY OR IN WRITING. ALL HEARINGS WILL BE RECORDED, AND A COPY WILL BE MADE AVAILABLE UPON REQUEST. 2. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A SEPARATE HEARING ON EACH RULE. RULES MAY BE GROUPED FOR THE CONVENIENCE OF THE COMMISSION AT HEARINGS REQUIRED BY THIS SECTION. H. IF NO ONE APPEARS AT THE PUBLIC HEARING, THE COMMISSION MAY PROCEED WITH PROMULGATION OF THE PROPOSED RULE. I. FOLLOWING THE SCHEDULED HEARING DATE, OR BY THE CLOSE OF BUSINESS ON THE SCHEDULED HEARING DATE IF THE HEARING WAS NOT HELD, THE COMMIS- SION SHALL CONSIDER ALL WRITTEN AND ORAL COMMENTS RECEIVED. J. THE COMMISSION SHALL, BY MAJORITY VOTE OF ALL ADMINISTRATORS, TAKE FINAL ACTION ON THE PROPOSED RULE AND SHALL DETERMINE THE EFFECTIVE DATE OF THE RULE, IF ANY, BASED ON THE RULEMAKING RECORD AND THE FULL TEXT OF THE RULE. K. UPON DETERMINATION THAT AN EMERGENCY EXISTS, THE COMMISSION MAY CONSIDER AND ADOPT AN EMERGENCY RULE WITHOUT PRIOR NOTICE, OPPORTUNITY FOR COMMENT, OR HEARING, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES PROVIDED IN THIS COMPACT AND IN THIS SECTION SHALL BE RETROACTIVELY APPLIED TO THE RULE AS SOON AS REASONABLY POSSIBLE, IN NO EVENT LATER THAN NINETY (90) DAYS AFTER THE EFFECTIVE DATE OF THE RULE. FOR THE PURPOSES OF THIS PROVISION, AN EMERGENCY RULE IS ONE THAT MUST BE ADOPTED IMMEDIATELY IN ORDER TO: 1. MEET AN IMMINENT THREAT TO PUBLIC HEALTH, SAFETY OR WELFARE; 2. PREVENT A LOSS OF COMMISSION OR PARTY STATE FUNDS; OR 3. MEET A DEADLINE FOR THE PROMULGATION OF AN ADMINISTRATIVE RULE THAT IS ESTABLISHED BY FEDERAL LAW OR RULE. L. THE COMMISSION MAY DIRECT REVISIONS TO A PREVIOUSLY ADOPTED RULE OR AMENDMENT FOR PURPOSES OF CORRECTING TYPOGRAPHICAL ERRORS, ERRORS IN FORMAT, ERRORS IN CONSISTENCY OR GRAMMATICAL ERRORS. PUBLIC NOTICE OF ANY REVISIONS SHALL BE POSTED ON THE WEBSITE OF THE COMMISSION. THE REVISION SHALL BE SUBJECT TO CHALLENGE BY ANY PERSON FOR A PERIOD OF THIRTY (30) DAYS AFTER POSTING. THE REVISION MAY BE CHALLENGED ONLY ON GROUNDS THAT THE REVISION RESULTS IN A MATERIAL CHANGE TO A RULE. A CHALLENGE SHALL BE MADE IN WRITING, AND DELIVERED TO THE COMMISSION, PRIOR TO THE END OF THE NOTICE PERIOD. IF NO CHALLENGE IS MADE, THE REVISION WILL TAKE EFFECT WITHOUT FURTHER ACTION. IF THE REVISION IS CHALLENGED, THE REVISION MAY NOT TAKE EFFECT WITHOUT THE APPROVAL OF THE COMMISSION. A. 7946 27 ARTICLE IX. OVERSIGHT, DISPUTE RESOLUTION AND ENFORCEMENT A. OVERSIGHT. 1. EACH PARTY STATE SHALL ENFORCE THIS COMPACT AND TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THIS COMPACT'S PURPOSES AND INTENT. 2. THE COMMISSION SHALL BE ENTITLED TO RECEIVE SERVICE OF PROCESS IN ANY PROCEEDING THAT MAY AFFECT THE POWERS, RESPONSIBILITIES OR ACTIONS OF THE COMMISSION, AND SHALL HAVE STANDING TO INTERVENE IN SUCH A PROCEEDING FOR ALL PURPOSES. FAILURE TO PROVIDE SERVICE OF PROCESS TO THE COMMISSION SHALL RENDER A JUDGMENT OR ORDER VOID AS TO THE COMMIS- SION, THIS COMPACT OR PROMULGATED RULES. B. DEFAULT, TECHNICAL ASSISTANCE AND TERMINATION. 1. IF THE COMMISSION DETERMINES THAT A PARTY STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR RESPONSIBILITIES UNDER THIS COMPACT OR THE PROMULGATED RULES, THE COMMISSION SHALL: I. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER PARTY STATES OF THE NATURE OF THE DEFAULT, THE PROPOSED MEANS OF CURING THE DEFAULT AND/OR ANY OTHER ACTION TO BE TAKEN BY THE COMMISSION; AND II. PROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL ASSISTANCE REGARDING THE DEFAULT. 2. IF A STATE IN DEFAULT FAILS TO CURE THE DEFAULT, THE DEFAULTING STATE'S MEMBERSHIP IN THIS COMPACT MAY BE TERMINATED UPON AN AFFIRMATIVE VOTE OF A MAJORITY OF THE ADMINISTRATORS, AND ALL RIGHTS, PRIVILEGES AND BENEFITS CONFERRED BY THIS COMPACT MAY BE TERMINATED ON THE EFFECTIVE DATE OF TERMINATION. A CURE OF THE DEFAULT DOES NOT RELIEVE THE OFFEND- ING STATE OF OBLIGATIONS OR LIABILITIES INCURRED DURING THE PERIOD OF DEFAULT. 3. TERMINATION OF MEMBERSHIP IN THIS COMPACT SHALL BE IMPOSED ONLY AFTER ALL OTHER MEANS OF SECURING COMPLIANCE HAVE BEEN EXHAUSTED. NOTICE OF INTENT TO SUSPEND OR TERMINATE SHALL BE GIVEN BY THE COMMISSION TO THE GOVERNOR OF THE DEFAULTING STATE AND TO THE EXECUTIVE OFFICER OF THE DEFAULTING STATE'S LICENSING BOARD, THE DEFAULTING STATE'S LICENSING BOARD, AND EACH OF THE PARTY STATES. 4. A STATE WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED IS RESPONSIBLE FOR ALL ASSESSMENTS, OBLIGATIONS AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF TERMINATION, INCLUDING OBLIGATIONS THAT EXTEND BEYOND THE EFFECTIVE DATE OF TERMINATION. 5. THE COMMISSION SHALL NOT BEAR ANY COSTS RELATED TO A STATE THAT IS FOUND TO BE IN DEFAULT OR WHOSE MEMBERSHIP IN THIS COMPACT HAS BEEN TERMINATED, UNLESS AGREED UPON IN WRITING BETWEEN THE COMMISSION AND THE DEFAULTING STATE. 6. THE DEFAULTING STATE MAY APPEAL THE ACTION OF THE COMMISSION BY PETITIONING THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES. THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUD- ING REASONABLE ATTORNEYS' FEES. C. DISPUTE RESOLUTION. 1. UPON REQUEST BY A PARTY STATE, THE COMMISSION SHALL ATTEMPT TO RESOLVE DISPUTES RELATED TO THE COMPACT THAT ARISE AMONG PARTY STATES AND BETWEEN PARTY AND NON-PARTY STATES. 2. THE COMMISSION SHALL PROMULGATE A RULE PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR DISPUTES, AS APPROPRIATE. 3. IN THE EVENT THE COMMISSION CANNOT RESOLVE DISPUTES AMONG PARTY STATES ARISING UNDER THIS COMPACT: A. 7946 28 I. THE PARTY STATES MAY SUBMIT THE ISSUES IN DISPUTE TO AN ARBITRATION PANEL, WHICH WILL BE COMPRISED OF INDIVIDUALS APPOINTED BY THE COMPACT ADMINISTRATOR IN EACH OF THE AFFECTED PARTY STATES AND AN INDIVIDUAL MUTUALLY AGREED UPON BY THE COMPACT ADMINISTRATORS OF ALL THE PARTY STATES INVOLVED IN THE DISPUTE. II. THE DECISION OF A MAJORITY OF THE ARBITRATORS SHALL BE FINAL AND BINDING. D. ENFORCEMENT. 1. THE COMMISSION, IN THE REASONABLE EXERCISE OF ITS DISCRETION, SHALL ENFORCE THE PROVISIONS AND RULES OF THIS COMPACT. 2. BY MAJORITY VOTE, THE COMMISSION MAY INITIATE LEGAL ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR THE FEDERAL DISTRICT IN WHICH THE COMMISSION HAS ITS PRINCIPAL OFFICES AGAINST A PARTY STATE THAT IS IN DEFAULT TO ENFORCE COMPLIANCE WITH THE PROVISIONS OF THIS COMPACT AND ITS PROMULGATED RULES AND BYLAWS. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY, THE PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION, INCLUDING REASONABLE ATTORNEYS' FEES. 3. THE REMEDIES HEREIN SHALL NOT BE THE EXCLUSIVE REMEDIES OF THE COMMISSION. THE COMMISSION MAY PURSUE ANY OTHER REMEDIES AVAILABLE UNDER FEDERAL OR STATE LAW. ARTICLE X. EFFECTIVE DATE, WITHDRAWAL AND AMENDMENT A. THIS COMPACT SHALL COME INTO LIMITED EFFECT AT SUCH TIME AS THIS COMPACT HAS BEEN ENACTED INTO LAW IN SEVEN (7) PARTY STATES FOR THE SOLE PURPOSE OF ESTABLISHING AND CONVENING THE COMMISSION TO ADOPT RULES RELATING TO ITS OPERATION. B. ANY STATE THAT JOINS THIS COMPACT SUBSEQUENT TO THE COMMISSION'S INITIAL ADOPTION OF THE APRN UNIFORM LICENSURE REQUIREMENTS SHALL BE SUBJECT TO ALL RULES THAT HAVE BEEN PREVIOUSLY ADOPTED BY THE COMMIS- SION. C. ANY PARTY STATE MAY WITHDRAW FROM THIS COMPACT BY ENACTING A STAT- UTE REPEALING THE SAME. A PARTY STATE'S WITHDRAWAL SHALL NOT TAKE EFFECT UNTIL SIX (6) MONTHS AFTER ENACTMENT OF THE REPEALING STATUTE. D. A PARTY STATE'S WITHDRAWAL OR TERMINATION SHALL NOT AFFECT THE CONTINUING REQUIREMENT OF THE WITHDRAWING OR TERMINATED STATE'S LICENS- ING BOARD TO REPORT ADVERSE ACTIONS AND SIGNIFICANT INVESTIGATIONS OCCURRING PRIOR TO THE EFFECTIVE DATE OF SUCH WITHDRAWAL OR TERMINATION. E. NOTHING CONTAINED IN THIS COMPACT SHALL BE CONSTRUED TO INVALIDATE OR PREVENT ANY APRN LICENSURE AGREEMENT OR OTHER COOPERATIVE ARRANGEMENT BETWEEN A PARTY STATE AND A NON-PARTY STATE THAT DOES NOT CONFLICT WITH THE PROVISIONS OF THIS COMPACT. F. THIS COMPACT MAY BE AMENDED BY THE PARTY STATES. NO AMENDMENT TO THIS COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON ANY PARTY STATE UNTIL IT IS ENACTED INTO THE LAWS OF ALL PARTY STATES. G. REPRESENTATIVES OF NON-PARTY STATES TO THIS COMPACT SHALL BE INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE COMMISSION, ON A NONVOT- ING BASIS, PRIOR TO THE ADOPTION OF THIS COMPACT BY ALL STATES. ARTICLE XI. CONSTRUCTION AND SEVERABILITY THIS COMPACT SHALL BE LIBERALLY CONSTRUED SO AS TO EFFECTUATE THE PURPOSES THEREOF. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE, AND A. 7946 29 IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS COMPACT IS DECLARED TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE OR OF THE UNITED STATES, OR IF THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE IS HELD INVALID, THE VALIDITY OF THE REMAINDER OF THIS COMPACT AND THE APPLICABILITY THEREOF TO ANY GOVERNMENT, AGENCY, PERSON OR CIRCUMSTANCE SHALL NOT BE AFFECTED THEREBY. IF THIS COMPACT SHALL BE HELD TO BE CONTRARY TO THE CONSTITUTION OF ANY PARTY STATE, THIS COMPACT SHALL REMAIN IN FULL FORCE AND EFFECT AS TO THE REMAINING PARTY STATES AND IN FULL FORCE AND EFFECT AS TO THE PARTY STATE AFFECTED AS TO ALL SEVERABLE MATTERS. § 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately; provided, however, that the applicable effective date of Parts A through B of this act shall be as specifically set forth in the last section of such Parts.
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