SSSB 130: "An Act relating to the licensure of nursing professionals; relating to a multistate nurse licensure compact; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 130 01 "An Act relating to the licensure of nursing professionals; relating to a multistate nurse 02 licensure compact; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.065(c) is amended to read: 05 (c) Except as provided in (f) - (l) [(f) - (k)] of this section, the department shall 06 establish fee levels under (a) of this section so that the total amount of fees collected 07 for an occupation approximately equals the actual regulatory costs for the occupation. 08 The department shall annually review each fee level to determine whether the 09 regulatory costs of each occupation are approximately equal to fee collections related 10 to that occupation. If the review indicates that an occupation's fee collections and 11 regulatory costs are not approximately equal, the department shall calculate fee 12 adjustments and adopt regulations under (a) of this section to implement the 13 adjustments. In January of each year, the department shall report on all fee levels and 14 revisions for the previous year under this subsection to the office of management and
01 budget. If a board regulates an occupation covered by this chapter, the department 02 shall consider the board's recommendations concerning the occupation's fee levels and 03 regulatory costs before revising fee schedules to comply with this subsection. In this 04 subsection, "regulatory costs" means costs of the department that are attributable to 05 regulation of an occupation plus 06 (1) all expenses of the board that regulates the occupation if the board 07 regulates only one occupation; 08 (2) the expenses of a board that are attributable to the occupation if the 09 board regulates more than one occupation. 10 * Sec. 2. AS 08.01.065 is amended by adding a new subsection to read: 11 (l) Notwithstanding (c) of this section, the department shall establish fee levels 12 under (a) of this section so that the total amount of fees collected by the department 13 for individuals issued a 14 (1) single-state license under AS 08.68.190 or 08.68.200 to practice 15 nursing approximately equals the total regulatory costs to the department and the 16 Board of Nursing for the practice of nursing in the state under that license type; and 17 (2) multistate license to practice nursing under AS 08.68.500 or 18 practicing under a multistate licensure privilege under AS 08.68.500 approximately 19 equals the total regulatory costs to the department and the Board of Nursing for the 20 practice of nursing under that license type or privilege. 21 * Sec. 3. AS 08.68.100(a) is amended to read: 22 (a) The board shall 23 (1) adopt regulations necessary to implement this chapter, including 24 regulations 25 (A) pertaining to practice as an advanced practice registered 26 nurse, including requirements for an advanced practice registered nurse to 27 practice as a certified registered nurse anesthetist, certified clinical nurse 28 specialist, certified nurse practitioner, or certified nurse midwife; regulations 29 for an advanced practice registered nurse who holds a valid federal Drug 30 Enforcement Administration registration number must address training in pain 31 management and opioid use and addiction;
01 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 02 to certified nurse aides in order to protect the health, safety, and welfare of 03 clients served by nurse aides; 04 (C) pertaining to retired nurse status; 05 (D) establishing criteria for approval of practical nurse 06 education programs that are not accredited by a national nursing accrediting 07 body; [AND] 08 (E) establishing guidelines for rendering a diagnosis, providing 09 treatment, or prescribing, dispensing, or administering a prescription drug to a 10 person without conducting a physical examination under AS 08.68.710; the 11 guidelines must include a nationally recognized model policy for standards of 12 care of a patient who is at a different location than the advanced practice 13 registered nurse; and 14 (F) necessary to implement the Multistate Nurse Licensure 15 Compact under AS 08.68.500; 16 (2) approve curricula and adopt standards for basic education programs 17 that prepare persons for licensing under AS 08.68.190; 18 (3) provide for surveys of the basic nursing education programs in the 19 state at the times it considers necessary; 20 (4) approve education programs that meet the requirements of this 21 chapter and of the board, and deny, revoke, or suspend approval of education 22 programs for failure to meet the requirements; 23 (5) examine, license, and renew the licenses of [QUALIFIED] 24 applicants; 25 (6) prescribe requirements for competence before a former registered, 26 advanced practice registered, or licensed practical nurse may resume the practice of 27 nursing under this chapter; 28 (7) define by regulation the qualifications and duties of the executive 29 administrator and delegate authority to the executive administrator that is necessary to 30 conduct board business; 31 (8) develop reasonable and uniform standards for nursing practice;
01 (9) publish advisory opinions regarding whether nursing practice 02 procedures or policies comply with acceptable standards of nursing practice as defined 03 under this chapter; 04 (10) require applicants under this chapter to submit fingerprints and the 05 fees required by the Department of Public Safety under AS 12.62.160 for criminal 06 justice information and a national criminal history record check; the department shall 07 submit the fingerprints and fees to the Department of Public Safety for a report of 08 criminal justice information under AS 12.62 and a national criminal history record 09 check under AS 12.62.400; 10 (11) require that a licensed advanced practice registered nurse who has 11 a federal Drug Enforcement Administration registration number register with the 12 controlled substance prescription database under AS 17.30.200(n); 13 (12) appoint the executive administrator of the board to serve as 14 the state administrator of the Interstate Commission Nurse Licensure Compact 15 Administrators under AS 08.68.500. 16 * Sec. 4. AS 08.68.160 is amended to read: 17 Sec. 08.68.160. License or multistate licensure privilege required. A person 18 practicing or offering to practice registered, advanced practice registered, or practical 19 nursing in the state shall submit evidence of qualification to practice and shall be 20 licensed under this chapter or hold a multistate licensure privilege under 21 AS 08.68.500. 22 * Sec. 5. AS 08.68.220 is amended by adding a new subsection to read: 23 (b) The Department of Commerce, Community, and Economic Development 24 shall set fees under AS 08.01.065 for a multistate license to practice registered nursing 25 or practical nursing issued under AS 08.68.500. 26 * Sec. 6. AS 08.68 is amended by adding new sections to read: 27 Article 5A. Multistate Nurse Licensure Compact. 28 Sec. 08.68.500. Compact enacted. The Multistate Nurse Licensure Compact 29 as contained in this section is enacted into law and entered into on behalf of the state 30 with all other states and jurisdictions legally joining it in a form substantially as 31 follows:
01 ARTICLE I 02 Findings and Declaration of Purpose 03 (a) The legislature finds that: 04 (1) The health and safety of the public are affected by the degree of 05 compliance with and the effectiveness of enforcement activities related to state nurse 06 licensure laws; 07 (2) Violations of nurse licensure and other laws regulating the practice 08 of nursing may result in injury or harm to the public; 09 (3) The expanded mobility of nurses and the use of advanced 10 communication technologies as part of our nation's health care delivery system require 11 greater coordination and cooperation among states in the areas of nurse licensure and 12 regulation; 13 (4) New practice modalities and technology make compliance with 14 individual state nurse licensure laws difficult and complex; 15 (5) The current system of duplicative licensure for nurses practicing in 16 multiple states is cumbersome and redundant for both nurses and states; and 17 (6) Uniformity of nurse licensure requirements throughout the states 18 promotes public safety and public health benefits. 19 (b) The general purposes of this Compact are to: 20 (1) Facilitate the states' responsibility to protect the public's health and 21 safety; 22 (2) Ensure and encourage the cooperation of party states in the areas of 23 nurse licensure and regulation; 24 (3) Facilitate the exchange of information between party states in the 25 areas of nurse regulation, investigation and adverse actions; 26 (4) Promote compliance with the laws governing the practice of 27 nursing in each jurisdiction; 28 (5) Invest all party states with the authority to hold a nurse accountable 29 for meeting all state practice laws in the state in which the patient is located at the time 30 care is rendered through the mutual recognition of party state licenses; 31 (6) Decrease redundancies in the consideration and issuance of nurse
01 licenses; and 02 (7) Provide opportunities for interstate practice by nurses who meet 03 uniform licensure requirements. 04 ARTICLE II 05 Definitions 06 As used in this compact, unless the context clearly requires a different construction, 07 (1) "Adverse action" means any administrative, civil, equitable or 08 criminal action permitted by a state's laws which is imposed by a licensing board or 09 other authority against a nurse, including actions against an individual's license or 10 multistate licensure privilege such as revocation, suspension, probation, monitoring of 11 the licensee, limitation on the licensee's practice, or any other encumbrance on 12 licensure affecting a nurse's authorization to practice, including issuance of a cease 13 and desist action. 14 (2) "Alternative program" means a non-disciplinary monitoring 15 program approved by a licensing board. 16 (3) "Coordinated licensure information system" means an integrated 17 process for collecting, storing and sharing information on nurse licensure and 18 enforcement activities related to nurse licensure laws that is administered by a 19 nonprofit organization composed of and controlled by licensing boards. 20 (4) "Current significant investigative information" means: 21 (A) Investigative information that a licensing board, after a 22 preliminary inquiry that includes notification and an opportunity for the nurse 23 to respond, if required by state law, has reason to believe is not groundless and, 24 if proved true, would indicate more than a minor infraction; or 25 (B) Investigative information that indicates that the nurse 26 represents an immediate threat to public health and safety regardless of 27 whether the nurse has been notified and had an opportunity to respond. 28 (5) "Encumbrance" means a revocation or suspension of, or any 29 limitation on, the full and unrestricted practice of nursing imposed by a licensing 30 board. 31 (6) "Home state" means the party state which is the nurse's primary
01 state of residence. 02 (7) "Licensing board" means a party state's regulatory body 03 responsible for issuing nurse licenses. 04 (8) "Multistate license" means a license to practice as a registered or a 05 licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board 06 that authorizes the licensed nurse to practice in all party states under a multistate 07 licensure privilege. 08 (9) "Multistate licensure privilege" means a legal authorization 09 associated with a multistate license permitting the practice of nursing as either a 10 registered nurse (RN) or LPN/VN in a remote state. 11 (10) "Nurse" means RN or LPN/VN, as those terms are defined by 12 each party state's practice laws. 13 (11) "Party state" means any state that has adopted this Compact. 14 (12) "Remote state" means a party state, other than the home state. 15 (13) "Single-state license" means a nurse license issued by a party state 16 that authorizes practice only within the issuing state and does not include a multistate 17 licensure privilege to practice in any other party state. 18 (14) "State" means a state, territory or possession of the United States 19 and the District of Columbia. 20 (15) "State practice laws" means a party state's laws, rules and 21 regulations that govern the practice of nursing, define the scope of nursing practice, 22 and create the methods and grounds for imposing discipline. "State practice laws" do 23 not include requirements necessary to obtain and retain a license, except for 24 qualifications or requirements of the home state. 25 ARTICLE III 26 General Provisions and Jurisdiction 27 (a) A multistate license to practice registered or licensed practical/vocational 28 nursing issued by a home state to a resident in that state will be recognized by each 29 party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed 30 practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each 31 party state.
01 (b) A state must implement procedures for considering the criminal history 02 records of applicants for initial multistate license or licensure by endorsement. Such 03 procedures shall include the submission of fingerprints or other biometric-based 04 information by applicants for the purpose of obtaining an applicant's criminal history 05 record information from the Federal Bureau of Investigation and the agency 06 responsible for retaining that state's criminal records. 07 (c) Each party state shall require the following for an applicant to obtain or 08 retain a multistate license in the home state: 09 (1) Meets the home state's qualifications for licensure or renewal of 10 licensure, as well as, all other applicable state laws; 11 (2) Has graduated or is eligible to graduate from a licensing board- 12 approved RN or LPN/VN prelicensure education program; or has graduated from a 13 foreign RN or LPN/VN prelicensure education program that (a) has been approved by 14 the authorized accrediting body in the applicable country and (b) has been verified by 15 an independent credentials review agency to be comparable to a licensing board- 16 approved prelicensure education program; 17 (3) Has, if a graduate of a foreign prelicensure education program not 18 taught in English or if English is not the individual's native language, successfully 19 passed an English proficiency examination that includes the components of reading, 20 speaking, writing and listening; 21 (4) Has successfully passed an NCLEX-RN or NCLEX-PN 22 Examination or recognized predecessor, as applicable; 23 (5) Is eligible for or holds an active, unencumbered license; 24 (6) Has submitted, in connection with an application for initial 25 licensure or licensure by endorsement, fingerprints or other biometric data for the 26 purpose of obtaining criminal history record information from the Federal Bureau of 27 Investigation and the agency responsible for retaining that state's criminal records; 28 (7) Has not been convicted or found guilty, or has entered into an 29 agreed disposition, of a felony offense under applicable state or federal criminal law; 30 (8) Has not been convicted or found guilty, or has entered into an 31 agreed disposition, of a misdemeanor offense related to the practice of nursing as
01 determined on a case-by-case basis; 02 (9) Is not currently enrolled in an alternative program; 03 (10) Is subject to self-disclosure requirements regarding current 04 participation in an alternative program; and 05 (11) Has a valid United States Social Security number. 06 (d) All party states shall be authorized, in accordance with existing state due 07 process law, to take adverse action against a nurse's multistate licensure privilege such 08 as revocation, suspension, probation or any other action that affects a nurse's 09 authorization to practice under a multistate licensure privilege, including cease and 10 desist actions. If a party state takes such action, it shall promptly notify the 11 administrator of the coordinated licensure information system. The administrator of 12 the coordinated licensure information system shall promptly notify the home state of 13 any such actions by remote states. 14 (e) A nurse practicing in a party state must comply with the state practice laws 15 of the state in which the client is located at the time service is provided. The practice 16 of nursing is not limited to patient care, but shall include all nursing practice as 17 defined by the state practice laws of the party state in which the client is located. The 18 practice of nursing in a party state under a multistate licensure privilege will subject a 19 nurse to the jurisdiction of the licensing board, the courts and the laws of the party 20 state in which the client is located at the time service is provided. 21 (f) Individuals not residing in a party state shall continue to be able to apply 22 for a party state's single-state license as provided under the laws of each party state. 23 However, the single-state license granted to these individuals will not be recognized as 24 granting the privilege to practice nursing in any other party state. Nothing in this 25 Compact shall affect the requirements established by a party state for the issuance of a 26 single-state license. 27 (g) Any nurse holding a home state multistate license, on the effective date of 28 this Compact, may retain and renew the multistate license issued by the nurse's then- 29 current home state, provided that: 30 (1) A nurse, who changes primary state of residence after this 31 Compact's effective date, must meet all applicable Article III.c. requirements to obtain
01 a multistate license from a new home state. 02 (2) A nurse who fails to satisfy the multistate licensure requirements in 03 Article III.c. due to a disqualifying event occurring after this Compact's effective date 04 shall be ineligible to retain or renew a multistate license, and the nurse's multistate 05 license shall be revoked or deactivated in accordance with applicable rules adopted by 06 the Interstate Commission of Nurse Licensure Compact Administrators 07 ("Commission"). 08 ARTICLE IV 09 Applications for Licensure in a Party State 10 (a) Upon application for a multistate license, the licensing board in the issuing 11 party state shall ascertain, through the coordinated licensure information system, 12 whether the applicant has ever held, or is the holder of, a license issued by any other 13 state, whether there are any encumbrances on any license or multistate licensure 14 privilege held by the applicant, whether any adverse action has been taken against any 15 license or multistate licensure privilege held by the applicant and whether the 16 applicant is currently participating in an alternative program. 17 (b) A nurse may hold a multistate license, issued by the home state, in only 18 one party state at a time. 19 (c) If a nurse changes primary state of residence by moving between two party 20 states, the nurse must apply for licensure in the new home state, and the multistate 21 license issued by the prior home state will be deactivated in accordance with 22 applicable rules adopted by the Commission. 23 (1) The nurse may apply for licensure in advance of a change in 24 primary state of residence. 25 (2) A multistate license shall not be issued by the new home state until 26 the nurse provides satisfactory evidence of a change in primary state of residence to 27 the new home state and satisfies all applicable requirements to obtain a multistate 28 license from the new home state. 29 (d) If a nurse changes primary state of residence by moving from a party state 30 to a non-party state, the multistate license issued by the prior home state will convert 31 to a single-state license, valid only in the former home state.
01 ARTICLE V 02 Additional Authorities Invested in Party State Licensing Boards 03 (a) In addition to the other powers conferred by state law, a licensing board 04 shall have the authority to: 05 (1) Take adverse action against a nurse's multistate licensure privilege 06 to practice within that party state. 07 (A) Only the home state shall have the power to take adverse 08 action against a nurse's license issued by the home state. 09 (B) For purposes of taking adverse action, the home state 10 licensing board shall give the same priority and effect to reported conduct 11 received from a remote state as it would if such conduct had occurred within 12 the home state. In so doing, the home state shall apply its own state laws to 13 determine appropriate action. 14 (2) Issue cease and desist orders or impose an encumbrance on a 15 nurse's authority to practice within that party state. 16 (3) Complete any pending investigations of a nurse who changes 17 primary state of residence during the course of such investigations. The licensing 18 board shall also have the authority to take appropriate action(s) and shall promptly 19 report the conclusions of such investigations to the administrator of the coordinated 20 licensure information system. The administrator of the coordinated licensure 21 information system shall promptly notify the new home state of any such actions. 22 (4) Issue subpoenas for both hearings and investigations that require 23 the attendance and testimony of witnesses, as well as, the production of evidence. 24 Subpoenas issued by a licensing board in a party state for the attendance and 25 testimony of witnesses or the production of evidence from another party state shall be 26 enforced in the latter state by any court of competent jurisdiction, according to the 27 practice and procedure of that court applicable to subpoenas issued in proceedings 28 pending before it. The issuing authority shall pay any witness fees, travel expenses, 29 mileage and other fees required by the service statutes of the state in which the 30 witnesses or evidence are located. 31 (5) Obtain and submit, for each nurse licensure applicant, fingerprint
01 or other biometric-based information to the Federal Bureau of Investigation for 02 criminal background checks, receive the results of the Federal Bureau of Investigation 03 record search on criminal background checks and use the results in making licensure 04 decisions. 05 (6) If otherwise permitted by state law, recover from the affected nurse 06 the costs of investigations and disposition of cases resulting from any adverse action 07 taken against that nurse. 08 (7) Take adverse action based on the factual findings of the remote 09 state, provided that the licensing board follows its own procedures for taking such 10 adverse action. 11 (b) If adverse action is taken by the home state against a nurse's multistate 12 license, the nurse's multistate licensure privilege to practice in all other party states 13 shall be deactivated until all encumbrances have been removed from the multistate 14 license. All home state disciplinary orders that impose adverse action against a nurse's 15 multistate license shall include a statement that the nurse's multistate licensure 16 privilege is deactivated in all party states during the pendency of the order. Nothing in 17 this Compact shall override a party state's decision that participation in an alternative 18 program may be used in lieu of adverse action. The home state licensing board shall 19 deactivate the multistate licensure privilege under the multistate license of any nurse 20 for the duration of the nurse's participation in an alternative program. 21 ARTICLE VI 22 Coordinated Licensure Information System and Exchange of Information 23 (a) All party states shall participate in a coordinated licensure information 24 system of all licensed registered nurses (RNs) and licensed practical/vocational nurses 25 (LPNs/VNs). This system will include information on the licensure and disciplinary 26 history of each nurse, as submitted by party states, to assist in the coordination of 27 nurse licensure and enforcement efforts. 28 (b) The Commission, in consultation with the administrator of the coordinated 29 licensure information system, shall formulate necessary and proper procedures for the 30 identification, collection and exchange of information under this Compact. 31 (c) All licensing boards shall promptly report to the coordinated licensure
01 information system any adverse action, any current significant investigative 02 information, denials of applications (with the reasons for such denials) and nurse 03 participation in alternative programs known to the licensing board regardless of 04 whether such participation is deemed nonpublic or confidential under state law. 05 (d) Current significant investigative information and participation in nonpublic 06 or confidential alternative programs shall be transmitted through the coordinated 07 licensure information system only to party state licensing boards. 08 (e) Notwithstanding any other provision of law, all party state licensing boards 09 contributing information to the coordinated licensure information system may 10 designate information that may not be shared with non-party states or disclosed to 11 other entities or individuals without the express permission of the contributing state. 12 (f) Any personally identifiable information obtained from the coordinated 13 licensure information system by a party state licensing board shall not be shared with 14 non-party states or disclosed to other entities or individuals except to the extent 15 permitted by the laws of the party state contributing the information. 16 (g) Any information contributed to the coordinated licensure information 17 system that is subsequently required to be expunged by the laws of the party state 18 contributing that information shall also be expunged from the coordinated licensure 19 information system. 20 (h) The Compact administrator of each party state shall furnish a uniform data 21 set to the Compact administrator of each other party state, which shall include, at a 22 minimum: 23 (1) Identifying information; 24 (2) Licensure data; 25 (3) Information related to alternative program participation; and 26 (4) Other information that may facilitate the administration of this 27 Compact, as determined by Commission rules. 28 (i) The Compact administrator of a party state shall provide all investigative 29 documents and information requested by another party state. 30 ARTICLE VII 31 Establishment of the Interstate Commission of Nurse Licensure Compact Administrators
01 (a) The party states hereby create and establish a joint public entity known as 02 the Interstate Commission of Nurse Licensure Compact Administrators. 03 (1) The Commission is an instrumentality of the party states. 04 (2) Venue is proper, and judicial proceedings by or against the 05 Commission shall be brought solely and exclusively, in a court of competent 06 jurisdiction where the principal office of the Commission is located. The Commission 07 may waive venue and jurisdictional defenses to the extent it adopts or consents to 08 participate in alternative dispute resolution proceedings. 09 (3) Nothing in this Compact shall be construed to be a waiver of 10 sovereign immunity. 11 (b) Membership, Voting and Meetings 12 (1) Each party state shall have and be limited to one administrator. The 13 head of the state licensing board or designee shall be the administrator of this Compact 14 for each party state. Any administrator may be removed or suspended from office as 15 provided by the law of the state from which the Administrator is appointed. Any 16 vacancy occurring in the Commission shall be filled in accordance with the laws of the 17 party state in which the vacancy exists. 18 (2) Each administrator shall be entitled to one (1) vote with regard to 19 the promulgation of rules and creation of bylaws and shall otherwise have an 20 opportunity to participate in the business and affairs of the Commission. An 21 administrator shall vote in person or by such other means as provided in the bylaws. 22 The bylaws may provide for an administrator's participation in meetings by telephone 23 or other means of communication. 24 (3) The Commission shall meet at least once during each calendar 25 year. Additional meetings shall be held as set forth in the bylaws or rules of the 26 commission. 27 (4) All meetings shall be open to the public, and public notice of 28 meetings shall be given in the same manner as required under the rulemaking 29 provisions in Article VIII. 30 (5) The Commission may convene in a closed, nonpublic meeting if 31 the Commission must discuss:
01 (A) Noncompliance of a party state with its obligations under 02 this Compact; 03 (B) The employment, compensation, discipline or other 04 personnel matters, practices or procedures related to specific employees or 05 other matters related to the Commission's internal personnel practices and 06 procedures; 07 (C) Current, threatened or reasonably anticipated litigation; 08 (D) Negotiation of contracts for the purchase or sale of goods, 09 services or real estate; 10 (E) Accusing any person of a crime or formally censuring any 11 person; 12 (F) Disclosure of trade secrets or commercial or financial 13 information that is privileged or confidential; 14 (G) Disclosure of information of a personal nature where 15 disclosure would constitute a clearly unwarranted invasion of personal privacy; 16 (H) Disclosure of investigatory records compiled for law 17 enforcement purposes; 18 (I) Disclosure of information related to any reports prepared by 19 or on behalf of the Commission for the purpose of investigation of compliance 20 with this Compact; or 21 (J) Matters specifically exempted from disclosure by federal or 22 state statute. 23 (6) If a meeting, or portion of a meeting, is closed pursuant to this 24 provision, the Commission's legal counsel or designee shall certify that the meeting 25 may be closed and shall reference each relevant exempting provision. The 26 Commission shall keep minutes that fully and clearly describe all matters discussed in 27 a meeting and shall provide a full and accurate summary of actions taken, and the 28 reasons therefor, including a description of the views expressed. All documents 29 considered in connection with an action shall be identified in such minutes. All 30 minutes and documents of a closed meeting shall remain under seal, subject to release 31 by a majority vote of the Commission or order of a court of competent jurisdiction.
01 (c) The Commission shall, by a majority vote of the administrators, prescribe 02 bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 03 the purposes and exercise the powers of this Compact, including but not limited to: 04 (1) Establishing the fiscal year of the Commission; 05 (2) Providing reasonable standards and procedures: 06 (A) For the establishment and meetings of other committees; 07 and 08 (B) Governing any general or specific delegation of any 09 authority or function of the Commission; 10 (3) Providing reasonable procedures for calling and conducting 11 meetings of the Commission, ensuring reasonable advance notice of all meetings and 12 providing an opportunity for attendance of such meetings by interested parties, with 13 enumerated exceptions designed to protect the public's interest, the privacy of 14 individuals, and proprietary information, including trade secrets. The Commission 15 may meet in closed session only after a majority of the administrators vote to close a 16 meeting in whole or in part. As soon as practicable, the Commission must make public 17 a copy of the vote to close the meeting revealing the vote of each administrator, with 18 no proxy votes allowed; 19 (4) Establishing the titles, duties and authority and reasonable 20 procedures for the election of the officers of the Commission; 21 (5) Providing reasonable standards and procedures for the 22 establishment of the personnel policies and programs of the Commission. 23 Notwithstanding any civil service or other similar laws of any party state, the bylaws 24 shall exclusively govern the personnel policies and programs of the Commission; and 25 (6) Providing a mechanism for winding up the operations of the 26 Commission and the equitable disposition of any surplus funds that may exist after the 27 termination of this Compact after the payment or reserving of all of its debts and 28 obligations; 29 (d) The Commission shall publish its bylaws and rules, and any amendments 30 thereto, in a convenient form on the website of the Commission. 31 (e) The Commission shall maintain its financial records in accordance with the
01 bylaws. 02 (f) The Commission shall meet and take such actions as are consistent with the 03 provisions of this Compact and the bylaws. 04 (g) The Commission shall have the following powers: 05 (1) To promulgate uniform rules to facilitate and coordinate 06 implementation and administration of this Compact. The rules shall have the force and 07 effect of law and shall be binding in all party states; 08 (2) To bring and prosecute legal proceedings or actions in the name of 09 the Commission, provided that the standing of any licensing board to sue or be sued 10 under applicable law shall not be affected; 11 (3) To purchase and maintain insurance and bonds; 12 (4) To borrow, accept or contract for services of personnel, including, 13 but not limited to, employees of a party state or nonprofit organizations; 14 (5) To cooperate with other organizations that administer state 15 compacts related to the regulation of nursing, including but not limited to sharing 16 administrative or staff expenses, office space or other resources; 17 (6) To hire employees, elect or appoint officers, fix compensation, 18 define duties, grant such individuals appropriate authority to carry out the purposes of 19 this Compact, and to establish the Commission's personnel policies and programs 20 relating to conflicts of interest, qualifications of personnel and other related personnel 21 matters; 22 (7) To accept any and all appropriate donations, grants and gifts of 23 money, equipment, supplies, materials and services, and to receive, utilize and dispose 24 of the same; provided that at all times the Commission shall avoid any appearance of 25 impropriety or conflict of interest; 26 (8) To lease, purchase, accept appropriate gifts or donations of, or 27 otherwise to own, hold, improve or use, any property, whether real, personal or mixed; 28 provided that at all times the Commission shall avoid any appearance of impropriety; 29 (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or 30 otherwise dispose of any property, whether real, personal or mixed; 31 (10) To establish a budget and make expenditures;
01 (11) To borrow money; 02 (12) To appoint committees, including advisory committees comprised 03 of administrators, state nursing regulators, state legislators or their representatives, and 04 consumer representatives, and other such interested persons; 05 (13) To provide and receive information from, and to cooperate with, 06 law enforcement agencies; 07 (14) To adopt and use an official seal; and 08 (15) To perform such other functions as may be necessary or 09 appropriate to achieve the purposes of this Compact consistent with the state 10 regulation of nurse licensure and practice. 11 (h) Financing of the Commission 12 (1) The Commission shall pay, or provide for the payment of, the 13 reasonable expenses of its establishment, organization and ongoing activities. 14 (2) The Commission may also levy on and collect an annual 15 assessment from each party state to cover the cost of its operations, activities and staff 16 in its annual budget as approved each year. The aggregate annual assessment amount, 17 if any, shall be allocated based upon a formula to be determined by the Commission, 18 which shall promulgate a rule that is binding upon all party states. 19 (3) The Commission shall not incur obligations of any kind prior to 20 securing the funds adequate to meet the same; nor shall the Commission pledge the 21 credit of any of the party states, except by, and with the authority of, such party state. 22 (4) The Commission shall keep accurate accounts of all receipts and 23 disbursements. The receipts and disbursements of the Commission shall be subject to 24 the audit and accounting procedures established under its bylaws. However, all 25 receipts and disbursements of funds handled by the Commission shall be audited 26 yearly by a certified or licensed public accountant, and the report of the audit shall be 27 included in and become part of the annual report of the Commission. 28 (i) Qualified Immunity, Defense and Indemnification 29 (1) The administrators, officers, executive director, employees and 30 representatives of the Commission shall be immune from suit and liability, either 31 personally or in their official capacity, for any claim for damage to or loss of property
01 or personal injury or other civil liability caused by or arising out of any actual or 02 alleged act, error or omission that occurred, or that the person against whom the claim 03 is made had a reasonable basis for believing occurred, within the scope of 04 Commission employment, duties or responsibilities; provided that nothing in this 05 paragraph shall be construed to protect any such person from suit or liability for any 06 damage, loss, injury or liability caused by the intentional, willful or wanton 07 misconduct of that person. 08 (2) The Commission shall defend any administrator, officer, executive 09 director, employee or representative of the Commission in any civil action seeking to 10 impose liability arising out of any actual or alleged act, error or omission that occurred 11 within the scope of Commission employment, duties or responsibilities, or that the 12 person against whom the claim is made had a reasonable basis for believing occurred 13 within the scope of Commission employment, duties or responsibilities; provided that 14 nothing herein shall be construed to prohibit that person from retaining his or her own 15 counsel; and provided further that the actual or alleged act, error or omission did not 16 result from that person's intentional, willful or wanton misconduct. 17 (3) The Commission shall indemnify and hold harmless any 18 administrator, officer, executive director, employee or representative of the 19 Commission for the amount of any settlement or judgment obtained against that 20 person arising out of any actual or alleged act, error or omission that occurred within 21 the scope of Commission employment, duties or responsibilities, or that such person 22 had a reasonable basis for believing occurred within the scope of Commission 23 employment, duties or responsibilities, provided that the actual or alleged act, error or 24 omission did not result from the intentional, willful or wanton misconduct of that 25 person. 26 ARTICLE VIII 27 Rulemaking 28 (a) The Commission shall exercise its rulemaking powers pursuant to the 29 criteria set forth in this Article and the rules adopted thereunder. Rules and 30 amendments shall become binding as of the date specified in each rule or amendment 31 and shall have the same force and effect as provisions of this Compact.
01 (b) Rules or amendments to the rules shall be adopted at a regular or special 02 meeting of the Commission. 03 (c) Prior to promulgation and adoption of a final rule or rules by the 04 Commission, and at least sixty (60) days in advance of the meeting at which the rule 05 will be considered and voted upon, the Commission shall file a notice of proposed 06 rulemaking: 07 (1) On the website of the Commission; and 08 (2) On the website of each licensing board or the publication in which 09 each state would otherwise publish proposed rules. 10 (d) The notice of proposed rulemaking shall include: 11 (1) The proposed time, date and location of the meeting in which the 12 rule will be considered and voted upon; 13 (2) The text of the proposed rule or amendment, and the reason for the 14 proposed rule; 15 (3) A request for comments on the proposed rule from any interested 16 person; and 17 (4) The manner in which interested persons may submit notice to the 18 Commission of their intention to attend the public hearing and any written comments. 19 (e) Prior to adoption of a proposed rule, the Commission shall allow persons 20 to submit written data, facts, opinions and arguments, which shall be made available to 21 the public. 22 (f) The Commission shall grant an opportunity for a public hearing before it 23 adopts a rule or amendment. 24 (g) The Commission shall publish the place, time and date of the scheduled 25 public hearing. 26 (1) Hearings shall be conducted in a manner providing each person 27 who wishes to comment a fair and reasonable opportunity to comment orally or in 28 writing. All hearings will be recorded, and a copy will be made available upon request. 29 (2) Nothing in this section shall be construed as requiring a separate 30 hearing on each rule. Rules may be grouped for the convenience of the Commission at 31 hearings required by this section.
01 (h) If no one appears at the public hearing, the Commission may proceed with 02 promulgation of the proposed rule. 03 (i) Following the scheduled hearing date, or by the close of business on the 04 scheduled hearing date if the hearing was not held, the Commission shall consider all 05 written and oral comments received. 06 (j) The Commission shall, by majority vote of all administrators, take final 07 action on the proposed rule and shall determine the effective date of the rule, if any, 08 based on the rulemaking record and the full text of the rule. 09 (k) Upon determination that an emergency exists, the Commission may 10 consider and adopt an emergency rule without prior notice, opportunity for comment 11 or hearing, provided that the usual rulemaking procedures provided in this Compact 12 and in this section shall be retroactively applied to the rule as soon as reasonably 13 possible, in no event later than ninety (90) days after the effective date of the rule. For 14 the purposes of this provision, an emergency rule is one that must be adopted 15 immediately in order to: 16 (1) Meet an imminent threat to public health, safety or welfare; 17 (2) Prevent a loss of Commission or party state funds; or 18 (3) Meet a deadline for the promulgation of an administrative rule that 19 is required by federal law or rule. 20 (l) The Commission may direct revisions to a previously adopted rule or 21 amendment for purposes of correcting typographical errors, errors in format, errors in 22 consistency or grammatical errors. Public notice of any revisions shall be posted on 23 the website of the Commission. The revision shall be subject to challenge by any 24 person for a period of thirty (30) days after posting. The revision may be challenged 25 only on grounds that the revision results in a material change to a rule. A challenge 26 shall be made in writing, and delivered to the Commission, prior to the end of the 27 notice period. If no challenge is made, the revision will take effect without further 28 action. If the revision is challenged, the revision may not take effect without the 29 approval of the Commission. 30 ARTICLE IX 31 Oversight, Dispute Resolution and Enforcement
01 (a) Oversight 02 (1) Each party state shall enforce this Compact and take all actions 03 necessary and appropriate to effectuate this Compact's purposes and intent. 04 (2) The Commission shall be entitled to receive service of process in 05 any proceeding that may affect the powers, responsibilities or actions of the 06 Commission, and shall have standing to intervene in such a proceeding for all 07 purposes. Failure to provide service of process in such proceeding to the Commission 08 shall render a judgment or order void as to the Commission, this Compact or 09 promulgated rules. 10 (b) Default, Technical Assistance and Termination 11 (1) If the Commission determines that a party state has defaulted in the 12 performance of its obligations or responsibilities under this Compact or the 13 promulgated rules, the Commission shall: 14 (A) Provide written notice to the defaulting state and other 15 party states of the nature of the default, the proposed means of curing the 16 default or any other action to be taken by the Commission; and 17 (B) Provide remedial training and specific technical assistance 18 regarding the default. 19 (2) If a state in default fails to cure the default, the defaulting state's 20 membership in this Compact may be terminated upon an affirmative vote of a majority 21 of the administrators, and all rights, privileges and benefits conferred by this Compact 22 may be terminated on the effective date of termination. A cure of the default does not 23 relieve the offending state of obligations or liabilities incurred during the period of 24 default. 25 (3) Termination of membership in this Compact shall be imposed only 26 after all other means of securing compliance have been exhausted. Notice of intent to 27 suspend or terminate shall be given by the Commission to the governor of the 28 defaulting state and to the executive officer of the defaulting state's licensing board 29 and each of the party states. 30 (4) A state whose membership in this Compact has been terminated is 31 responsible for all assessments, obligations and liabilities incurred through the
01 effective date of termination, including obligations that extend beyond the effective 02 date of termination. 03 (5) The Commission shall not bear any costs related to a state that is 04 found to be in default or whose membership in this Compact has been terminated 05 unless agreed upon in writing between the Commission and the defaulting state. 06 (6) The defaulting state may appeal the action of the Commission by 07 petitioning the U.S. District Court for the District of Columbia or the federal district in 08 which the Commission has its principal offices. The prevailing party shall be awarded 09 all costs of such litigation, including reasonable attorneys' fees. 10 (c) Dispute Resolution 11 (1) Upon request by a party state, the Commission shall attempt to 12 resolve disputes related to the Compact that arise among party states and between 13 party and non-party states. 14 (2) The Commission shall promulgate a rule providing for both 15 mediation and binding dispute resolution for disputes, as appropriate. 16 (3) In the event the Commission cannot resolve disputes among party 17 states arising under this Compact: 18 (A) The party states may submit the issues in dispute to an 19 arbitration panel, which will be comprised of individuals appointed by the 20 Compact administrator in each of the affected party states and an individual 21 mutually agreed upon by the Compact administrators of all the party states 22 involved in the dispute. 23 (B) The decision of a majority of the arbitrators shall be final 24 and binding. 25 (d) Enforcement 26 (1) The Commission, in the reasonable exercise of its discretion, shall 27 enforce the provisions and rules of this Compact. 28 (2) By majority vote, the Commission may initiate legal action in the 29 U.S. District Court for the District of Columbia or the federal district in which the 30 Commission has its principal offices against a party state that is in default to enforce 31 compliance with the provisions of this Compact and its promulgated rules and bylaws.
01 The relief sought may include both injunctive relief and damages. In the event judicial 02 enforcement is necessary, the prevailing party shall be awarded all costs of such 03 litigation, including reasonable attorneys' fees. 04 (3) The remedies herein shall not be the exclusive remedies of the 05 Commission. The Commission may pursue any other remedies available under federal 06 or state law. 07 ARTICLE X 08 Effective Date, Withdrawal and Amendment 09 (a) This Compact shall become effective and binding on the earlier of the date 10 of legislative enactment of this Compact into law by no less than twenty-six (26) states 11 or December 31, 2018. All party states to this Compact, that also were parties to the 12 prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 13 be deemed to have withdrawn from said Prior Compact within six (6) months after the 14 effective date of this Compact. 15 (b) Each party state to this Compact shall continue to recognize a nurse's 16 multistate licensure privilege to practice in that party state issued under the Prior 17 Compact until such party state has withdrawn from the Prior Compact. 18 (c) Any party state may withdraw from this Compact by enacting a statute 19 repealing the same. A party state's withdrawal shall not take effect until six (6) months 20 after enactment of the repealing statute. 21 (d) A party state's withdrawal or termination shall not affect the continuing 22 requirement of the withdrawing or terminated state's licensing board to report adverse 23 actions and significant investigations occurring prior to the effective date of such 24 withdrawal or termination. 25 (e) Nothing contained in this Compact shall be construed to invalidate or 26 prevent any nurse licensure agreement or other cooperative arrangement between a 27 party state and a non-party state that is made in accordance with the other provisions 28 of this Compact. 29 (f) This Compact may be amended by the party states. No amendment to this 30 Compact shall become effective and binding upon the party states unless and until it is 31 enacted into the laws of all party states.
01 (g) Representatives of non-party states to this Compact shall be invited to 02 participate in the activities of the Commission, on a nonvoting basis, prior to the 03 adoption of this Compact by all states. 04 ARTICLE XI 05 Construction and Severability 06 This Compact shall be liberally construed so as to effectuate the purposes 07 thereof. The provisions of this Compact shall be severable, and if any phrase, clause, 08 sentence or provision of this Compact is declared to be contrary to the constitution of 09 any party state or of the United States, or if the applicability thereof to any 10 government, agency, person or circumstance is held invalid, the validity of the 11 remainder of this Compact and the applicability thereof to any government, agency, 12 person or circumstance shall not be affected thereby. If this Compact shall be held to 13 be contrary to the constitution of any party state, this Compact shall remain in full 14 force and effect as to the remaining party states and in full force and effect as to the 15 party state affected as to all severable matters. 16 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 TRANSITION: REGULATIONS. The Department of Commerce, Community, and 19 Economic Development and the Board of Nursing may adopt regulations necessary to 20 implement the changes made by this Act. The regulations take effect under AS 44.62 21 (Administrative Procedure Act), but not before the effective date of the law implemented by 22 the regulation. 23 * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 24 * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect July 1, 2024.