HB 351: "An Act relating to the licensure of nursing professionals; relating to a multistate nurse licensure compact; relating to employment of nurses holding a multistate licensure privilege; relating to nurse staffing committees; relating to the ratio of nurses to patients in hospitals; relating to entities regulated by the Department of Health; and providing for an effective date."
00 HOUSE BILL NO. 351 01 "An Act relating to the licensure of nursing professionals; relating to a multistate nurse 02 licensure compact; relating to employment of nurses holding a multistate licensure 03 privilege; relating to nurse staffing committees; relating to the ratio of nurses to patients 04 in hospitals; relating to entities regulated by the Department of Health; and providing 05 for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 08.01.065(c) is amended to read: 08 (c) Except as provided in (f) - (l) [(f) - (k)] of this section, the department shall 09 establish fee levels under (a) of this section so that the total amount of fees collected 10 for an occupation approximately equals the actual regulatory costs for the occupation. 11 The department shall annually review each fee level to determine whether the 12 regulatory costs of each occupation are approximately equal to fee collections related 13 to that occupation. If the review indicates that an occupation's fee collections and
01 regulatory costs are not approximately equal, the department shall calculate fee 02 adjustments and adopt regulations under (a) of this section to implement the 03 adjustments. In January of each year, the department shall report on all fee levels and 04 revisions for the previous year under this subsection to the office of management and 05 budget. If a board regulates an occupation covered by this chapter, the department 06 shall consider the board's recommendations concerning the occupation's fee levels and 07 regulatory costs before revising fee schedules to comply with this subsection. In this 08 subsection, "regulatory costs" means costs of the department that are attributable to 09 regulation of an occupation plus 10 (1) all expenses of the board that regulates the occupation if the board 11 regulates only one occupation; 12 (2) the expenses of a board that are attributable to the occupation if the 13 board regulates more than one occupation. 14 * Sec. 2. AS 08.01.065(c), as amended by sec. 1 of this Act, is amended to read: 15 (c) Except as provided in (f) - (k) [(f) - (l)] of this section, the department shall 16 establish fee levels under (a) of this section so that the total amount of fees collected 17 for an occupation approximately equals the actual regulatory costs for the occupation. 18 The department shall annually review each fee level to determine whether the 19 regulatory costs of each occupation are approximately equal to fee collections related 20 to that occupation. If the review indicates that an occupation's fee collections and 21 regulatory costs are not approximately equal, the department shall calculate fee 22 adjustments and adopt regulations under (a) of this section to implement the 23 adjustments. In January of each year, the department shall report on all fee levels and 24 revisions for the previous year under this subsection to the office of management and 25 budget. If a board regulates an occupation covered by this chapter, the department 26 shall consider the board's recommendations concerning the occupation's fee levels and 27 regulatory costs before revising fee schedules to comply with this subsection. In this 28 subsection, "regulatory costs" means costs of the department that are attributable to 29 regulation of an occupation plus 30 (1) all expenses of the board that regulates the occupation if the board 31 regulates only one occupation;
01 (2) the expenses of a board that are attributable to the occupation if the 02 board regulates more than one occupation. 03 * Sec. 3. AS 08.01.065 is amended by adding a new subsection to read: 04 (l) Notwithstanding (c) of this section, the department shall establish fee levels 05 under (a) of this section so that the total amount of fees collected by the department 06 for individuals issued a 07 (1) single-state license to practice nursing approximately equals the 08 total regulatory costs to the department and the Board of Nursing for the practice of 09 nursing in the state under that license type; in this paragraph, "single-state license" has 10 the meaning given in AS 08.68.850; and 11 (2) multistate license to practice nursing or practicing under a 12 multistate licensure privilege approximately equals half the total regulatory costs to 13 the department and the Board of Nursing for the practice of nursing under that license 14 type or privilege; in this paragraph, 15 (A) "multistate license" has the meaning given in 16 AS 08.68.850; 17 (B) "multistate licensure privilege" has the meaning given in 18 AS 08.68.850. 19 * Sec. 4. AS 08.68.100(a) is amended to read: 20 (a) The board shall 21 (1) adopt regulations necessary to implement this chapter, including 22 regulations 23 (A) pertaining to practice as an advanced practice registered 24 nurse, including requirements for an advanced practice registered nurse to 25 practice as a certified registered nurse anesthetist, certified clinical nurse 26 specialist, certified nurse practitioner, or certified nurse midwife; regulations 27 for an advanced practice registered nurse who holds a valid federal Drug 28 Enforcement Administration registration number must address training in pain 29 management and opioid use and addiction; 30 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 31 to certified nurse aides in order to protect the health, safety, and welfare of
01 clients served by nurse aides; 02 (C) pertaining to retired nurse status; 03 (D) establishing criteria for approval of practical nurse 04 education programs that are not accredited by a national nursing accrediting 05 body; [AND] 06 (E) establishing guidelines for rendering a diagnosis, providing 07 treatment, or prescribing, dispensing, or administering a prescription drug to a 08 person without conducting a physical examination under AS 08.68.710; the 09 guidelines must include a nationally recognized model policy for standards of 10 care of a patient who is at a different location than the advanced practice 11 registered nurse; and 12 (F) necessary to implement the Multistate Nurse Licensure 13 Compact under AS 08.68.500; 14 (2) approve curricula and adopt standards for basic education programs 15 that prepare persons for licensing under this chapter [AS 08.68.190]; 16 (3) provide for surveys of the basic nursing education programs in the 17 state at the times it considers necessary; 18 (4) approve education programs that meet the requirements of this 19 chapter and of the board, and deny, revoke, or suspend approval of education 20 programs for failure to meet the requirements; 21 (5) examine, license, and renew the licenses of [QUALIFIED] 22 applicants; 23 (6) prescribe requirements for competence before a former registered, 24 advanced practice registered, or [LICENSED] practical nurse licensed under this 25 chapter may resume the practice of nursing [UNDER THIS CHAPTER]; 26 (7) define by regulation the qualifications and duties of the executive 27 administrator and delegate authority to the executive administrator that is necessary to 28 conduct board business; 29 (8) develop reasonable and uniform standards for nursing practice; 30 (9) publish advisory opinions regarding whether nursing practice 31 procedures or policies comply with acceptable standards of nursing practice as defined
01 under this chapter; 02 (10) require applicants under this chapter to submit fingerprints and the 03 fees required by the Department of Public Safety under AS 12.62.160 for criminal 04 justice information and a national criminal history record check; the department shall 05 submit the fingerprints and fees to the Department of Public Safety for a report of 06 criminal justice information under AS 12.62 and a national criminal history record 07 check under AS 12.62.400; 08 (11) require that a licensed advanced practice registered nurse who has 09 a federal Drug Enforcement Administration registration number register with the 10 controlled substance prescription database under AS 17.30.200(n); 11 (12) submit a report to the legislature if the board determines that 12 the requirements for a multistate license or multistate licensure privilege under 13 the Multistate Nurse Licensure Compact do not meet or exceed the requirements 14 for a single-state license; the board shall submit the report to the senate secretary 15 and the chief clerk of the house of representatives and notify the legislature that 16 the report is available within 30 days after making the determination. 17 * Sec. 5. AS 08.68.100(a), as amended by sec. 4 of this Act, is amended to read: 18 (a) The board shall 19 (1) adopt regulations necessary to implement this chapter, including 20 regulations 21 (A) pertaining to practice as an advanced practice registered 22 nurse, including requirements for an advanced practice registered nurse to 23 practice as a certified registered nurse anesthetist, certified clinical nurse 24 specialist, certified nurse practitioner, or certified nurse midwife; regulations 25 for an advanced practice registered nurse who holds a valid federal Drug 26 Enforcement Administration registration number must address training in pain 27 management and opioid use and addiction; 28 (B) necessary to implement AS 08.68.331 - 08.68.336 relating 29 to certified nurse aides in order to protect the health, safety, and welfare of 30 clients served by nurse aides; 31 (C) pertaining to retired nurse status;
01 (D) establishing criteria for approval of practical nurse 02 education programs that are not accredited by a national nursing accrediting 03 body; and 04 (E) establishing guidelines for rendering a diagnosis, providing 05 treatment, or prescribing, dispensing, or administering a prescription drug to a 06 person without conducting a physical examination under AS 08.68.710; the 07 guidelines must include a nationally recognized model policy for standards of 08 care of a patient who is at a different location than the advanced practice 09 registered nurse; [AND 10 (F) NECESSARY TO IMPLEMENT THE MULTISTATE 11 NURSE LICENSURE COMPACT UNDER AS 08.68.500;] 12 (2) approve curricula and adopt standards for basic education programs 13 that prepare persons for licensing under AS 08.68.190 [THIS CHAPTER]; 14 (3) provide for surveys of the basic nursing education programs in the 15 state at the times it considers necessary; 16 (4) approve education programs that meet the requirements of this 17 chapter and of the board, and deny, revoke, or suspend approval of education 18 programs for failure to meet the requirements; 19 (5) examine, license, and renew the licenses of qualified applicants; 20 (6) prescribe requirements for competence before a former registered, 21 advanced practice registered, or practical nurse licensed under this chapter may 22 resume the practice of nursing; 23 (7) define by regulation the qualifications and duties of the executive 24 administrator and delegate authority to the executive administrator that is necessary to 25 conduct board business; 26 (8) develop reasonable and uniform standards for nursing practice; 27 (9) publish advisory opinions regarding whether nursing practice 28 procedures or policies comply with acceptable standards of nursing practice as defined 29 under this chapter; 30 (10) require applicants under this chapter to submit fingerprints and the 31 fees required by the Department of Public Safety under AS 12.62.160 for criminal
01 justice information and a national criminal history record check; the department shall 02 submit the fingerprints and fees to the Department of Public Safety for a report of 03 criminal justice information under AS 12.62 and a national criminal history record 04 check under AS 12.62.400; 05 (11) require that a licensed advanced practice registered nurse who has 06 a federal Drug Enforcement Administration registration number register with the 07 controlled substance prescription database under AS 17.30.200(n) [; 08 (12) SUBMIT A REPORT TO THE LEGISLATURE IF THE 09 BOARD DETERMINES THAT THE REQUIREMENTS FOR A MULTISTATE 10 LICENSE OR MULTISTATE LICENSURE PRIVILEGE UNDER THE 11 MULTISTATE NURSE LICENSURE COMPACT DO NOT MEET OR EXCEED 12 THE REQUIREMENTS FOR A SINGLE-STATE LICENSE; THE BOARD SHALL 13 SUBMIT THE REPORT TO THE SENATE SECRETARY AND THE CHIEF 14 CLERK OF THE HOUSE OF REPRESENTATIVES AND NOTIFY THE 15 LEGISLATURE THAT THE REPORT IS AVAILABLE WITHIN 30 DAYS AFTER 16 MAKING THE DETERMINATION]. 17 * Sec. 6. AS 08.68.220 is amended to read: 18 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 19 Economic Development shall set fees under AS 08.01.065 for each of the following: 20 (1) registered nursing single-state license: 21 (A) application; 22 (B) license by examination; 23 (C) license by endorsement; 24 (D) license renewal; 25 (E) temporary permit; 26 (2) practical nursing single-state license: 27 (A) application; 28 (B) license by examination; 29 (C) license by endorsement; 30 (D) license renewal; 31 (E) temporary permit;
01 (3) advanced practice registered nursing: 02 (A) application; 03 (B) license by certification examination; 04 (C) license by endorsement; 05 (D) license renewal; 06 (E) temporary permit; 07 (4) registered nursing multistate license: 08 (A) application; 09 (B) license; 10 (C) license renewal; 11 (5) practical nursing multistate license: 12 (A) application; 13 (B) license; 14 (C) license renewal. 15 * Sec. 7. AS 08.68.220, as amended by sec. 6 of this Act, is amended to read: 16 Sec. 08.68.220. Fees. The Department of Commerce, Community, and 17 Economic Development shall set fees under AS 08.01.065 for each of the following: 18 (1) registered nursing [SINGLE-STATE LICENSE]: 19 (A) application; 20 (B) license by examination; 21 (C) license by endorsement; 22 (D) license renewal; 23 (E) temporary permit; 24 (2) practical nursing [SINGLE-STATE LICENSE]: 25 (A) application; 26 (B) license by examination; 27 (C) license by endorsement; 28 (D) license renewal; 29 (E) temporary permit; 30 (3) advanced practice registered nursing: 31 (A) application;
01 (B) license by certification examination; 02 (C) license by endorsement; 03 (D) license renewal; 04 (E) temporary permit [; 05 (4) REGISTERED NURSING MULTISTATE LICENSE: 06 (A) APPLICATION; 07 (B) LICENSE; 08 (C) LICENSE RENEWAL; 09 (5) PRACTICAL NURSING MULTISTATE LICENSE: 10 (A) APPLICATION; 11 (B) LICENSE; 12 (C) LICENSE RENEWAL]. 13 * Sec. 8. AS 08.68 is amended by adding new sections to read: 14 Article 5A. Multistate Nurse Licensure Compact. 15 Sec. 08.68.500. Compact enacted. The Multistate Nurse Licensure Compact 16 as contained in this section is enacted into law and entered into on behalf of the state 17 with all other states and jurisdictions legally joining it in a form substantially as 18 follows: 19 ARTICLE I 20 Findings and Declaration of Purpose 21 (a) The legislature finds that: 22 (1) The health and safety of the public are affected by the degree of 23 compliance with and the effectiveness of enforcement activities related to state nurse 24 licensure laws; 25 (2) Violations of nurse licensure and other laws regulating the practice 26 of nursing may result in injury or harm to the public; 27 (3) The expanded mobility of nurses and the use of advanced 28 communication technologies as part of our nation's health care delivery system require 29 greater coordination and cooperation among states in the areas of nurse licensure and 30 regulation; 31 (4) New practice modalities and technology make compliance with
01 individual state nurse licensure laws difficult and complex; 02 (5) The current system of duplicative licensure for nurses practicing in 03 multiple states is cumbersome and redundant for both nurses and states; and 04 (6) Uniformity of nurse licensure requirements throughout the states 05 promotes public safety and public health benefits. 06 (b) The general purposes of this Compact are to: 07 (1) Facilitate the states' responsibility to protect the public's health and 08 safety; 09 (2) Ensure and encourage the cooperation of party states in the areas of 10 nurse licensure and regulation; 11 (3) Facilitate the exchange of information between party states in the 12 areas of nurse regulation, investigation and adverse actions; 13 (4) Promote compliance with the laws governing the practice of 14 nursing in each jurisdiction; 15 (5) Invest all party states with the authority to hold a nurse accountable 16 for meeting all state practice laws in the state in which the patient is located at the time 17 care is rendered through the mutual recognition of party state licenses; 18 (6) Decrease redundancies in the consideration and issuance of nurse 19 licenses; and 20 (7) Provide opportunities for interstate practice by nurses who meet 21 uniform licensure requirements. 22 ARTICLE II 23 Definitions 24 As used in this compact, unless the context clearly requires a different construction, 25 (a) "Adverse action" means any administrative, civil, equitable or criminal 26 action permitted by a state's laws which is imposed by a licensing board or other 27 authority against a nurse, including actions against an individual's license or multistate 28 licensure privilege such as revocation, suspension, probation, monitoring of the 29 licensee, limitation on the licensee's practice, or any other encumbrance on licensure 30 affecting a nurse's authorization to practice, including issuance of a cease and desist 31 action.
01 (b) "Alternative program" means a non-disciplinary monitoring program 02 approved by a licensing board. 03 (c) "Coordinated licensure information system" means an integrated process 04 for collecting, storing and sharing information on nurse licensure and enforcement 05 activities related to nurse licensure laws that is administered by a nonprofit 06 organization composed of and controlled by licensing boards. 07 (d) "Current significant investigative information" means: 08 (1) Investigative information that a licensing board, after a preliminary 09 inquiry that includes notification and an opportunity for the nurse to respond, if 10 required by state law, has reason to believe is not groundless and, if proved true, 11 would indicate more than a minor infraction; or 12 (2) Investigative information that indicates that the nurse represents an 13 immediate threat to public health and safety regardless of whether the nurse has been 14 notified and had an opportunity to respond. 15 (e) "Encumbrance" means a revocation or suspension of, or any limitation on, 16 the full and unrestricted practice of nursing imposed by a licensing board. 17 (f) "Home state" means the party state which is the nurse's primary state of 18 residence. 19 (g) "Licensing board" means a party state's regulatory body responsible for 20 issuing nurse licenses. 21 (h) "Multistate license" means a license to practice as a registered or a 22 licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board 23 that authorizes the licensed nurse to practice in all party states under a multistate 24 licensure privilege. 25 (i) "Multistate licensure privilege" means a legal authorization associated with 26 a multistate license permitting the practice of nursing as either a registered nurse (RN) 27 or LPN/VN in a remote state. 28 (j) "Nurse" means RN or LPN/VN, as those terms are defined by each party 29 state's practice laws. 30 (k) "Party state" means any state that has adopted this Compact. 31 (l) "Remote state" means a party state, other than the home state.
01 (m) "Single-state license" means a nurse license issued by a party state that 02 authorizes practice only within the issuing state and does not include a multistate 03 licensure privilege to practice in any other party state. 04 (n) "State" means a state, territory or possession of the United States and the 05 District of Columbia. 06 (o) "State practice laws" means a party state's laws, rules and regulations that 07 govern the practice of nursing, define the scope of nursing practice, and create the 08 methods and grounds for imposing discipline. "State practice laws" do not include 09 requirements necessary to obtain and retain a license, except for qualifications or 10 requirements of the home state. 11 ARTICLE III 12 General Provisions and Jurisdiction 13 (a) A multistate license to practice registered or licensed practical/vocational 14 nursing issued by a home state to a resident in that state will be recognized by each 15 party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed 16 practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each 17 party state. 18 (b) A state must implement procedures for considering the criminal history 19 records of applicants for initial multistate license or licensure by endorsement. Such 20 procedures shall include the submission of fingerprints or other biometric-based 21 information by applicants for the purpose of obtaining an applicant's criminal history 22 record information from the Federal Bureau of Investigation and the agency 23 responsible for retaining that state's criminal records. 24 (c) Each party state shall require the following for an applicant to obtain or 25 retain a multistate license in the home state: 26 (1) Meets the home state's qualifications for licensure or renewal of 27 licensure, as well as, all other applicable state laws; 28 (2) Has graduated or is eligible to graduate from a licensing board- 29 approved RN or LPN/VN prelicensure education program; or has graduated from a 30 foreign RN or LPN/VN prelicensure education program that (a) has been approved by 31 the authorized accrediting body in the applicable country and (b) has been verified by
01 an independent credentials review agency to be comparable to a licensing board- 02 approved prelicensure education program; 03 (3) Has, if a graduate of a foreign prelicensure education program not 04 taught in English or if English is not the individual's native language, successfully 05 passed an English proficiency examination that includes the components of reading, 06 speaking, writing and listening; 07 (4) Has successfully passed an NCLEX-RN or NCLEX-PN 08 Examination or recognized predecessor, as applicable; 09 (5) Is eligible for or holds an active, unencumbered license; 10 (6) Has submitted, in connection with an application for initial 11 licensure or licensure by endorsement, fingerprints or other biometric data for the 12 purpose of obtaining criminal history record information from the Federal Bureau of 13 Investigation and the agency responsible for retaining that state's criminal records; 14 (7) Has not been convicted or found guilty, or has entered into an 15 agreed disposition, of a felony offense under applicable state or federal criminal law; 16 (8) Has not been convicted or found guilty, or has entered into an 17 agreed disposition, of a misdemeanor offense related to the practice of nursing as 18 determined on a case-by-case basis; 19 (9) Is not currently enrolled in an alternative program; 20 (10) Is subject to self-disclosure requirements regarding current 21 participation in an alternative program; and 22 (11) Has a valid United States Social Security number. 23 (d) All party states shall be authorized, in accordance with existing state due 24 process law, to take adverse action against a nurse's multistate licensure privilege such 25 as revocation, suspension, probation or any other action that affects a nurse's 26 authorization to practice under a multistate licensure privilege, including cease and 27 desist actions. If a party state takes such action, it shall promptly notify the 28 administrator of the coordinated licensure information system. The administrator of 29 the coordinated licensure information system shall promptly notify the home state of 30 any such actions by remote states. 31 (e) A nurse practicing in a party state must comply with the state practice laws
01 of the state in which the client is located at the time service is provided. The practice 02 of nursing is not limited to patient care, but shall include all nursing practice as 03 defined by the state practice laws of the party state in which the client is located. The 04 practice of nursing in a party state under a multistate licensure privilege will subject a 05 nurse to the jurisdiction of the licensing board, the courts and the laws of the party 06 state in which the client is located at the time service is provided. 07 (f) Individuals not residing in a party state shall continue to be able to apply 08 for a party state's single-state license as provided under the laws of each party state. 09 However, the single-state license granted to these individuals will not be recognized as 10 granting the privilege to practice nursing in any other party state. Nothing in this 11 Compact shall affect the requirements established by a party state for the issuance of a 12 single-state license. 13 (g) Any nurse holding a home state multistate license, on the effective date of 14 this Compact, may retain and renew the multistate license issued by the nurse's then- 15 current home state, provided that: 16 (1) A nurse, who changes primary state of residence after this 17 Compact's effective date, must meet all applicable Article III(c) requirements to obtain 18 a multistate license from a new home state. 19 (2) A nurse who fails to satisfy the multistate licensure requirements in 20 Article III(c) due to a disqualifying event occurring after this Compact's effective date 21 shall be ineligible to retain or renew a multistate license, and the nurse's multistate 22 license shall be revoked or deactivated in accordance with applicable rules adopted by 23 the Interstate Commission of Nurse Licensure Compact Administrators 24 ("Commission"). 25 ARTICLE IV 26 Applications for Licensure in a Party State 27 (a) Upon application for a multistate license, the licensing board in the issuing 28 party state shall ascertain, through the coordinated licensure information system, 29 whether the applicant has ever held, or is the holder of, a license issued by any other 30 state, whether there are any encumbrances on any license or multistate licensure 31 privilege held by the applicant, whether any adverse action has been taken against any
01 license or multistate licensure privilege held by the applicant and whether the 02 applicant is currently participating in an alternative program. 03 (b) A nurse may hold a multistate license, issued by the home state, in only 04 one party state at a time. 05 (c) If a nurse changes primary state of residence by moving between two party 06 states, the nurse must apply for licensure in the new home state, and the multistate 07 license issued by the prior home state will be deactivated in accordance with 08 applicable rules adopted by the Commission. 09 (1) The nurse may apply for licensure in advance of a change in 10 primary state of residence. 11 (2) A multistate license shall not be issued by the new home state until 12 the nurse provides satisfactory evidence of a change in primary state of residence to 13 the new home state and satisfies all applicable requirements to obtain a multistate 14 license from the new home state. 15 (d) If a nurse changes primary state of residence by moving from a party state 16 to a non-party state, the multistate license issued by the prior home state will convert 17 to a single-state license, valid only in the former home state. 18 ARTICLE V 19 Additional Authorities Invested in Party State Licensing Boards 20 (a) In addition to the other powers conferred by state law, a licensing board 21 shall have the authority to: 22 (1) Take adverse action against a nurse's multistate licensure privilege 23 to practice within that party state. 24 (A) Only the home state shall have the power to take adverse 25 action against a nurse's license issued by the home state. 26 (B) For purposes of taking adverse action, the home state 27 licensing board shall give the same priority and effect to reported conduct 28 received from a remote state as it would if such conduct had occurred within 29 the home state. In so doing, the home state shall apply its own state laws to 30 determine appropriate action. 31 (2) Issue cease and desist orders or impose an encumbrance on a
01 nurse's authority to practice within that party state. 02 (3) Complete any pending investigations of a nurse who changes 03 primary state of residence during the course of such investigations. The licensing 04 board shall also have the authority to take appropriate action(s) and shall promptly 05 report the conclusions of such investigations to the administrator of the coordinated 06 licensure information system. The administrator of the coordinated licensure 07 information system shall promptly notify the new home state of any such actions. 08 (4) Issue subpoenas for both hearings and investigations that require 09 the attendance and testimony of witnesses, as well as, the production of evidence. 10 Subpoenas issued by a licensing board in a party state for the attendance and 11 testimony of witnesses or the production of evidence from another party state shall be 12 enforced in the latter state by any court of competent jurisdiction, according to the 13 practice and procedure of that court applicable to subpoenas issued in proceedings 14 pending before it. The issuing authority shall pay any witness fees, travel expenses, 15 mileage and other fees required by the service statutes of the state in which the 16 witnesses or evidence are located. 17 (5) Obtain and submit, for each nurse licensure applicant, fingerprint 18 or other biometric-based information to the Federal Bureau of Investigation for 19 criminal background checks, receive the results of the Federal Bureau of Investigation 20 record search on criminal background checks and use the results in making licensure 21 decisions. 22 (6) If otherwise permitted by state law, recover from the affected nurse 23 the costs of investigations and disposition of cases resulting from any adverse action 24 taken against that nurse. 25 (7) Take adverse action based on the factual findings of the remote 26 state, provided that the licensing board follows its own procedures for taking such 27 adverse action. 28 (b) If adverse action is taken by the home state against a nurse's multistate 29 license, the nurse's multistate licensure privilege to practice in all other party states 30 shall be deactivated until all encumbrances have been removed from the multistate 31 license. All home state disciplinary orders that impose adverse action against a nurse's
01 multistate license shall include a statement that the nurse's multistate licensure 02 privilege is deactivated in all party states during the pendency of the order. Nothing in 03 this Compact shall override a party state's decision that participation in an alternative 04 program may be used in lieu of adverse action. The home state licensing board shall 05 deactivate the multistate licensure privilege under the multistate license of any nurse 06 for the duration of the nurse's participation in an alternative program. 07 ARTICLE VI 08 Coordinated Licensure Information System and Exchange of Information 09 (a) All party states shall participate in a coordinated licensure information 10 system of all licensed registered nurses (RNs) and licensed practical/vocational nurses 11 (LPNs/VNs). This system will include information on the licensure and disciplinary 12 history of each nurse, as submitted by party states, to assist in the coordination of 13 nurse licensure and enforcement efforts. 14 (b) The Commission, in consultation with the administrator of the coordinated 15 licensure information system, shall formulate necessary and proper procedures for the 16 identification, collection and exchange of information under this Compact. 17 (c) All licensing boards shall promptly report to the coordinated licensure 18 information system any adverse action, any current significant investigative 19 information, denials of applications (with the reasons for such denials) and nurse 20 participation in alternative programs known to the licensing board regardless of 21 whether such participation is deemed nonpublic or confidential under state law. 22 (d) Current significant investigative information and participation in nonpublic 23 or confidential alternative programs shall be transmitted through the coordinated 24 licensure information system only to party state licensing boards. 25 (e) Notwithstanding any other provision of law, all party state licensing boards 26 contributing information to the coordinated licensure information system may 27 designate information that may not be shared with non-party states or disclosed to 28 other entities or individuals without the express permission of the contributing state. 29 (f) Any personally identifiable information obtained from the coordinated 30 licensure information system by a party state licensing board shall not be shared with 31 non-party states or disclosed to other entities or individuals except to the extent
01 permitted by the laws of the party state contributing the information. 02 (g) Any information contributed to the coordinated licensure information 03 system that is subsequently required to be expunged by the laws of the party state 04 contributing that information shall also be expunged from the coordinated licensure 05 information system. 06 (h) The Compact administrator of each party state shall furnish a uniform data 07 set to the Compact administrator of each other party state, which shall include, at a 08 minimum: 09 (1) Identifying information; 10 (2) Licensure data; 11 (3) Information related to alternative program participation; and 12 (4) Other information that may facilitate the administration of this 13 Compact, as determined by Commission rules. 14 (i) The Compact administrator of a party state shall provide all investigative 15 documents and information requested by another party state. 16 ARTICLE VII 17 Establishment of the Interstate Commission of Nurse Licensure Compact Administrators 18 (a) The party states hereby create and establish a joint public entity known as 19 the Interstate Commission of Nurse Licensure Compact Administrators. 20 (1) The Commission is an instrumentality of the party states. 21 (2) Venue is proper, and judicial proceedings by or against the 22 Commission shall be brought solely and exclusively, in a court of competent 23 jurisdiction where the principal office of the Commission is located. The Commission 24 may waive venue and jurisdictional defenses to the extent it adopts or consents to 25 participate in alternative dispute resolution proceedings. 26 (3) Nothing in this Compact shall be construed to be a waiver of 27 sovereign immunity. 28 (b) Membership, Voting and Meetings 29 (1) Each party state shall have and be limited to one administrator. The 30 head of the state licensing board or designee shall be the administrator of this Compact 31 for each party state. Any administrator may be removed or suspended from office as
01 provided by the law of the state from which the Administrator is appointed. Any 02 vacancy occurring in the Commission shall be filled in accordance with the laws of the 03 party state in which the vacancy exists. 04 (2) Each administrator shall be entitled to one (1) vote with regard to 05 the promulgation of rules and creation of bylaws and shall otherwise have an 06 opportunity to participate in the business and affairs of the Commission. An 07 administrator shall vote in person or by such other means as provided in the bylaws. 08 The bylaws may provide for an administrator's participation in meetings by telephone 09 or other means of communication. 10 (3) The Commission shall meet at least once during each calendar 11 year. Additional meetings shall be held as set forth in the bylaws or rules of the 12 commission. 13 (4) All meetings shall be open to the public, and public notice of 14 meetings shall be given in the same manner as required under the rulemaking 15 provisions in Article VIII. 16 (5) The Commission may convene in a closed, nonpublic meeting if 17 the Commission must discuss: 18 (A) Noncompliance of a party state with its obligations under 19 this Compact; 20 (B) The employment, compensation, discipline or other 21 personnel matters, practices or procedures related to specific employees or 22 other matters related to the Commission's internal personnel practices and 23 procedures; 24 (C) Current, threatened or reasonably anticipated litigation; 25 (D) Negotiation of contracts for the purchase or sale of goods, 26 services or real estate; 27 (E) Accusing any person of a crime or formally censuring any 28 person; 29 (F) Disclosure of trade secrets or commercial or financial 30 information that is privileged or confidential; 31 (G) Disclosure of information of a personal nature where
01 disclosure would constitute a clearly unwarranted invasion of personal privacy; 02 (H) Disclosure of investigatory records compiled for law 03 enforcement purposes; 04 (I) Disclosure of information related to any reports prepared by 05 or on behalf of the Commission for the purpose of investigation of compliance 06 with this Compact; or 07 (J) Matters specifically exempted from disclosure by federal or 08 state statute. 09 (6) If a meeting, or portion of a meeting, is closed pursuant to this 10 provision, the Commission's legal counsel or designee shall certify that the meeting 11 may be closed and shall reference each relevant exempting provision. The 12 Commission shall keep minutes that fully and clearly describe all matters discussed in 13 a meeting and shall provide a full and accurate summary of actions taken, and the 14 reasons therefor, including a description of the views expressed. All documents 15 considered in connection with an action shall be identified in such minutes. All 16 minutes and documents of a closed meeting shall remain under seal, subject to release 17 by a majority vote of the Commission or order of a court of competent jurisdiction. 18 (c) The Commission shall, by a majority vote of the administrators, prescribe 19 bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 20 the purposes and exercise the powers of this Compact, including but not limited to: 21 (1) Establishing the fiscal year of the Commission; 22 (2) Providing reasonable standards and procedures: 23 (A) For the establishment and meetings of other committees; 24 and 25 (B) Governing any general or specific delegation of any 26 authority or function of the Commission; 27 (3) Providing reasonable procedures for calling and conducting 28 meetings of the Commission, ensuring reasonable advance notice of all meetings and 29 providing an opportunity for attendance of such meetings by interested parties, with 30 enumerated exceptions designed to protect the public's interest, the privacy of 31 individuals, and proprietary information, including trade secrets. The Commission
01 may meet in closed session only after a majority of the administrators vote to close a 02 meeting in whole or in part. As soon as practicable, the Commission must make public 03 a copy of the vote to close the meeting revealing the vote of each administrator, with 04 no proxy votes allowed; 05 (4) Establishing the titles, duties and authority and reasonable 06 procedures for the election of the officers of the Commission; 07 (5) Providing reasonable standards and procedures for the 08 establishment of the personnel policies and programs of the Commission. 09 Notwithstanding any civil service or other similar laws of any party state, the bylaws 10 shall exclusively govern the personnel policies and programs of the Commission; and 11 (6) Providing a mechanism for winding up the operations of the 12 Commission and the equitable disposition of any surplus funds that may exist after the 13 termination of this Compact after the payment or reserving of all of its debts and 14 obligations; 15 (d) The Commission shall publish its bylaws and rules, and any amendments 16 thereto, in a convenient form on the website of the Commission. 17 (e) The Commission shall maintain its financial records in accordance with the 18 bylaws. 19 (f) The Commission shall meet and take such actions as are consistent with the 20 provisions of this Compact and the bylaws. 21 (g) The Commission shall have the following powers: 22 (1) To promulgate uniform rules to facilitate and coordinate 23 implementation and administration of this Compact. The rules shall have the force and 24 effect of law and shall be binding in all party states; 25 (2) To bring and prosecute legal proceedings or actions in the name of 26 the Commission, provided that the standing of any licensing board to sue or be sued 27 under applicable law shall not be affected; 28 (3) To purchase and maintain insurance and bonds; 29 (4) To borrow, accept or contract for services of personnel, including, 30 but not limited to, employees of a party state or nonprofit organizations; 31 (5) To cooperate with other organizations that administer state
01 compacts related to the regulation of nursing, including but not limited to sharing 02 administrative or staff expenses, office space or other resources; 03 (6) To hire employees, elect or appoint officers, fix compensation, 04 define duties, grant such individuals appropriate authority to carry out the purposes of 05 this Compact, and to establish the Commission's personnel policies and programs 06 relating to conflicts of interest, qualifications of personnel and other related personnel 07 matters; 08 (7) To accept any and all appropriate donations, grants and gifts of 09 money, equipment, supplies, materials and services, and to receive, utilize and dispose 10 of the same; provided that at all times the Commission shall avoid any appearance of 11 impropriety or conflict of interest; 12 (8) To lease, purchase, accept appropriate gifts or donations of, or 13 otherwise to own, hold, improve or use, any property, whether real, personal or mixed; 14 provided that at all times the Commission shall avoid any appearance of impropriety; 15 (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or 16 otherwise dispose of any property, whether real, personal or mixed; 17 (10) To establish a budget and make expenditures; 18 (11) To borrow money; 19 (12) To appoint committees, including advisory committees comprised 20 of administrators, state nursing regulators, state legislators or their representatives, and 21 consumer representatives, and other such interested persons; 22 (13) To provide and receive information from, and to cooperate with, 23 law enforcement agencies; 24 (14) To adopt and use an official seal; and 25 (15) To perform such other functions as may be necessary or 26 appropriate to achieve the purposes of this Compact consistent with the state 27 regulation of nurse licensure and practice. 28 (h) Financing of the Commission 29 (1) The Commission shall pay, or provide for the payment of, the 30 reasonable expenses of its establishment, organization and ongoing activities. 31 (2) The Commission may also levy on and collect an annual
01 assessment from each party state to cover the cost of its operations, activities and staff 02 in its annual budget as approved each year. The aggregate annual assessment amount, 03 if any, shall be allocated based upon a formula to be determined by the Commission, 04 which shall promulgate a rule that is binding upon all party states. 05 (3) The Commission shall not incur obligations of any kind prior to 06 securing the funds adequate to meet the same; nor shall the Commission pledge the 07 credit of any of the party states, except by, and with the authority of, such party state. 08 (4) The Commission shall keep accurate accounts of all receipts and 09 disbursements. The receipts and disbursements of the Commission shall be subject to 10 the audit and accounting procedures established under its bylaws. However, all 11 receipts and disbursements of funds handled by the Commission shall be audited 12 yearly by a certified or licensed public accountant, and the report of the audit shall be 13 included in and become part of the annual report of the Commission. 14 (i) Qualified Immunity, Defense and Indemnification 15 (1) The administrators, officers, executive director, employees and 16 representatives of the Commission shall be immune from suit and liability, either 17 personally or in their official capacity, for any claim for damage to or loss of property 18 or personal injury or other civil liability caused by or arising out of any actual or 19 alleged act, error or omission that occurred, or that the person against whom the claim 20 is made had a reasonable basis for believing occurred, within the scope of 21 Commission employment, duties or responsibilities; provided that nothing in this 22 paragraph shall be construed to protect any such person from suit or liability for any 23 damage, loss, injury or liability caused by the intentional, willful or wanton 24 misconduct of that person. 25 (2) The Commission shall defend any administrator, officer, executive 26 director, employee or representative of the Commission in any civil action seeking to 27 impose liability arising out of any actual or alleged act, error or omission that occurred 28 within the scope of Commission employment, duties or responsibilities, or that the 29 person against whom the claim is made had a reasonable basis for believing occurred 30 within the scope of Commission employment, duties or responsibilities; provided that 31 nothing herein shall be construed to prohibit that person from retaining his or her own
01 counsel; and provided further that the actual or alleged act, error or omission did not 02 result from that person's intentional, willful or wanton misconduct. 03 (3) The Commission shall indemnify and hold harmless any 04 administrator, officer, executive director, employee or representative of the 05 Commission for the amount of any settlement or judgment obtained against that 06 person arising out of any actual or alleged act, error or omission that occurred within 07 the scope of Commission employment, duties or responsibilities, or that such person 08 had a reasonable basis for believing occurred within the scope of Commission 09 employment, duties or responsibilities, provided that the actual or alleged act, error or 10 omission did not result from the intentional, willful or wanton misconduct of that 11 person. 12 ARTICLE VIII 13 Rulemaking 14 (a) The Commission shall exercise its rulemaking powers pursuant to the 15 criteria set forth in this Article and the rules adopted thereunder. Rules and 16 amendments shall become binding as of the date specified in each rule or amendment 17 and shall have the same force and effect as provisions of this Compact. 18 (b) Rules or amendments to the rules shall be adopted at a regular or special 19 meeting of the Commission. 20 (c) Prior to promulgation and adoption of a final rule or rules by the 21 Commission, and at least sixty (60) days in advance of the meeting at which the rule 22 will be considered and voted upon, the Commission shall file a notice of proposed 23 rulemaking: 24 (1) On the website of the Commission; and 25 (2) On the website of each licensing board or the publication in which 26 each state would otherwise publish proposed rules. 27 (d) The notice of proposed rulemaking shall include: 28 (1) The proposed time, date and location of the meeting in which the 29 rule will be considered and voted upon; 30 (2) The text of the proposed rule or amendment, and the reason for the 31 proposed rule;
01 (3) A request for comments on the proposed rule from any interested 02 person; and 03 (4) The manner in which interested persons may submit notice to the 04 Commission of their intention to attend the public hearing and any written comments. 05 (e) Prior to adoption of a proposed rule, the Commission shall allow persons 06 to submit written data, facts, opinions and arguments, which shall be made available to 07 the public. 08 (f) The Commission shall grant an opportunity for a public hearing before it 09 adopts a rule or amendment. 10 (g) The Commission shall publish the place, time and date of the scheduled 11 public hearing. 12 (1) Hearings shall be conducted in a manner providing each person 13 who wishes to comment a fair and reasonable opportunity to comment orally or in 14 writing. All hearings will be recorded, and a copy will be made available upon request. 15 (2) Nothing in this section shall be construed as requiring a separate 16 hearing on each rule. Rules may be grouped for the convenience of the Commission at 17 hearings required by this section. 18 (h) If no one appears at the public hearing, the Commission may proceed with 19 promulgation of the proposed rule. 20 (i) Following the scheduled hearing date, or by the close of business on the 21 scheduled hearing date if the hearing was not held, the Commission shall consider all 22 written and oral comments received. 23 (j) The Commission shall, by majority vote of all administrators, take final 24 action on the proposed rule and shall determine the effective date of the rule, if any, 25 based on the rulemaking record and the full text of the rule. 26 (k) Upon determination that an emergency exists, the Commission may 27 consider and adopt an emergency rule without prior notice, opportunity for comment 28 or hearing, provided that the usual rulemaking procedures provided in this Compact 29 and in this section shall be retroactively applied to the rule as soon as reasonably 30 possible, in no event later than ninety (90) days after the effective date of the rule. For 31 the purposes of this provision, an emergency rule is one that must be adopted
01 immediately in order to: 02 (1) Meet an imminent threat to public health, safety or welfare; 03 (2) Prevent a loss of Commission or party state funds; or 04 (3) Meet a deadline for the promulgation of an administrative rule that 05 is required by federal law or rule. 06 (l) The Commission may direct revisions to a previously adopted rule or 07 amendment for purposes of correcting typographical errors, errors in format, errors in 08 consistency or grammatical errors. Public notice of any revisions shall be posted on 09 the website of the Commission. The revision shall be subject to challenge by any 10 person for a period of thirty (30) days after posting. The revision may be challenged 11 only on grounds that the revision results in a material change to a rule. A challenge 12 shall be made in writing, and delivered to the Commission, prior to the end of the 13 notice period. If no challenge is made, the revision will take effect without further 14 action. If the revision is challenged, the revision may not take effect without the 15 approval of the Commission. 16 ARTICLE IX 17 Oversight, Dispute Resolution and Enforcement 18 (a) Oversight 19 (1) Each party state shall enforce this Compact and take all actions 20 necessary and appropriate to effectuate this Compact's purposes and intent. 21 (2) The Commission shall be entitled to receive service of process in 22 any proceeding that may affect the powers, responsibilities or actions of the 23 Commission, and shall have standing to intervene in such a proceeding for all 24 purposes. Failure to provide service of process in such proceeding to the Commission 25 shall render a judgment or order void as to the Commission, this Compact or 26 promulgated rules. 27 (b) Default, Technical Assistance and Termination 28 (1) If the Commission determines that a party state has defaulted in the 29 performance of its obligations or responsibilities under this Compact or the 30 promulgated rules, the Commission shall: 31 (A) Provide written notice to the defaulting state and other
01 party states of the nature of the default, the proposed means of curing the 02 default or any other action to be taken by the Commission; and 03 (B) Provide remedial training and specific technical assistance 04 regarding the default. 05 (2) If a state in default fails to cure the default, the defaulting state's 06 membership in this Compact may be terminated upon an affirmative vote of a majority 07 of the administrators, and all rights, privileges and benefits conferred by this Compact 08 may be terminated on the effective date of termination. A cure of the default does not 09 relieve the offending state of obligations or liabilities incurred during the period of 10 default. 11 (3) Termination of membership in this Compact shall be imposed only 12 after all other means of securing compliance have been exhausted. Notice of intent to 13 suspend or terminate shall be given by the Commission to the governor of the 14 defaulting state and to the executive officer of the defaulting state's licensing board 15 and each of the party states. 16 (4) A state whose membership in this Compact has been terminated is 17 responsible for all assessments, obligations and liabilities incurred through the 18 effective date of termination, including obligations that extend beyond the effective 19 date of termination. 20 (5) The Commission shall not bear any costs related to a state that is 21 found to be in default or whose membership in this Compact has been terminated 22 unless agreed upon in writing between the Commission and the defaulting state. 23 (6) The defaulting state may appeal the action of the Commission by 24 petitioning the U.S. District Court for the District of Columbia or the federal district in 25 which the Commission has its principal offices. The prevailing party shall be awarded 26 all costs of such litigation, including reasonable attorneys' fees. 27 (c) Dispute Resolution 28 (1) Upon request by a party state, the Commission shall attempt to 29 resolve disputes related to the Compact that arise among party states and between 30 party and non-party states. 31 (2) The Commission shall promulgate a rule providing for both
01 mediation and binding dispute resolution for disputes, as appropriate. 02 (3) In the event the Commission cannot resolve disputes among party 03 states arising under this Compact: 04 (A) The party states may submit the issues in dispute to an 05 arbitration panel, which will be comprised of individuals appointed by the 06 Compact administrator in each of the affected party states and an individual 07 mutually agreed upon by the Compact administrators of all the party states 08 involved in the dispute. 09 (B) The decision of a majority of the arbitrators shall be final 10 and binding. 11 (d) Enforcement 12 (1) The Commission, in the reasonable exercise of its discretion, shall 13 enforce the provisions and rules of this Compact. 14 (2) By majority vote, the Commission may initiate legal action in the 15 U.S. District Court for the District of Columbia or the federal district in which the 16 Commission has its principal offices against a party state that is in default to enforce 17 compliance with the provisions of this Compact and its promulgated rules and bylaws. 18 The relief sought may include both injunctive relief and damages. In the event judicial 19 enforcement is necessary, the prevailing party shall be awarded all costs of such 20 litigation, including reasonable attorneys' fees. 21 (3) The remedies herein shall not be the exclusive remedies of the 22 Commission. The Commission may pursue any other remedies available under federal 23 or state law. 24 ARTICLE X 25 Effective Date, Withdrawal and Amendment 26 (a) This Compact shall become effective and binding on the earlier of the date 27 of legislative enactment of this Compact into law by no less than twenty-six (26) states 28 or December 31, 2018. All party states to this Compact, that also were parties to the 29 prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 30 be deemed to have withdrawn from said Prior Compact within six (6) months after the 31 effective date of this Compact.
01 (b) Each party state to this Compact shall continue to recognize a nurse's 02 multistate licensure privilege to practice in that party state issued under the Prior 03 Compact until such party state has withdrawn from the Prior Compact. 04 (c) Any party state may withdraw from this Compact by enacting a statute 05 repealing the same. A party state's withdrawal shall not take effect until six (6) months 06 after enactment of the repealing statute. 07 (d) A party state's withdrawal or termination shall not affect the continuing 08 requirement of the withdrawing or terminated state's licensing board to report adverse 09 actions and significant investigations occurring prior to the effective date of such 10 withdrawal or termination. 11 (e) Nothing contained in this Compact shall be construed to invalidate or 12 prevent any nurse licensure agreement or other cooperative arrangement between a 13 party state and a non-party state that is made in accordance with the other provisions 14 of this Compact. 15 (f) This Compact may be amended by the party states. No amendment to this 16 Compact shall become effective and binding upon the party states unless and until it is 17 enacted into the laws of all party states. 18 (g) Representatives of non-party states to this Compact shall be invited to 19 participate in the activities of the Commission, on a nonvoting basis, prior to the 20 adoption of this Compact by all states. 21 ARTICLE XI 22 Construction and Severability 23 This Compact shall be liberally construed so as to effectuate the purposes 24 thereof. The provisions of this Compact shall be severable, and if any phrase, clause, 25 sentence or provision of this Compact is declared to be contrary to the constitution of 26 any party state or of the United States, or if the applicability thereof to any 27 government, agency, person or circumstance is held invalid, the validity of the 28 remainder of this Compact and the applicability thereof to any government, agency, 29 person or circumstance shall not be affected thereby. If this Compact shall be held to 30 be contrary to the constitution of any party state, this Compact shall remain in full 31 force and effect as to the remaining party states and in full force and effect as to the
01 party state affected as to all severable matters. 02 Sec. 08.68.510. Compact fees. In addition to the fees established under 03 AS 08.01.065(l)(2), the Department of Commerce, Community, and Economic 04 Development shall establish a fee to be collected from entities licensed under 05 AS 47.32 so that the total amount of fees collected by the department from licensed 06 entities approximately equals half the total regulatory costs to the department and the 07 board for the practice of nursing under multistate licenses and multistate licensure 08 privileges. The Department of Commerce, Community, and Economic Development 09 shall deposit the funds into the general fund. The legislature may appropriate the funds 10 to pay the costs associated with regulating the practice of nursing under multistate 11 licenses and multistate licensure privileges. 12 * Sec. 9. AS 08.68 is amended by adding a new section to article 6 to read: 13 Sec. 08.68.720. Registry of nurses practicing under a multistate licensure 14 privilege. (a) A person who employs a nurse practicing in this state under a multistate 15 licensure privilege shall, before the nurse practices in the state, submit to the board the 16 name and date of hire of the nurse and notify the board when the nurse's employment 17 terminates. 18 (b) A nurse who holds a multistate licensure privilege may submit the nurse's 19 address and other workforce-related data to the board. 20 (c) The board shall develop a reporting system to collect information 21 submitted under this section and shall maintain a registry of the information, including 22 the number of nurses practicing in the state under a multistate licensure privilege and 23 the state in which each nurse is a resident. 24 (d) The failure of a nurse or a person who employs a nurse to provide 25 information under this section may not be the basis for disciplinary action against the 26 nurse or the nurse's licensure privilege, and does not prohibit the nurse from practicing 27 in the state. 28 * Sec. 10. AS 08.68.800(a) is amended to read: 29 (a) This chapter does not apply to 30 (1) a qualified nurse licensed in another state employed by the United 31 States government or a bureau, or agency, or division of the United States government
01 while in the discharge of official duties; 02 (2) nursing service given temporarily in the event of a public 03 emergency, epidemic, or disaster; 04 (3) the practice of nursing by a student enrolled in a nursing education 05 program accredited by the board when the practice is in connection with the student's 06 course of study; 07 (4) the practice of nursing by an individual enrolled in an approved 08 program or course of study approved by the board to satisfy the requirements of 09 AS 08.68.251; 10 (5) the practice of nursing by a nurse licensed in another state who 11 does not hold a multistate licensure privilege to practice in this state and who 12 engages in nursing education or nursing consultation activities, if these activities and 13 contact with clients do not exceed 20 working days within a licensing period; or 14 (6) the practice of nursing by a nurse licensed in another state who 15 does not hold a multistate licensure privilege to practice in this state and whose 16 employment responsibilities include transporting patients into, out of, or through this 17 state; however, this exception is valid for a period not to exceed 48 hours for each 18 transport. 19 * Sec. 11. AS 08.68.800(a), as amended by sec. 10 of this Act, is amended to read: 20 (a) This chapter does not apply to 21 (1) a qualified nurse licensed in another state employed by the United 22 States government or a bureau, or agency, or division of the United States government 23 while in the discharge of official duties; 24 (2) nursing service given temporarily in the event of a public 25 emergency, epidemic, or disaster; 26 (3) the practice of nursing by a student enrolled in a nursing education 27 program accredited by the board when the practice is in connection with the student's 28 course of study; 29 (4) the practice of nursing by an individual enrolled in an approved 30 program or course of study approved by the board to satisfy the requirements of 31 AS 08.68.251;
01 (5) the practice of nursing by a nurse licensed in another state [WHO 02 DOES NOT HOLD A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN 03 THIS STATE AND] who engages in nursing education or nursing consultation 04 activities, if these activities and contact with clients do not exceed 20 working days 05 within a licensing period; or 06 (6) the practice of nursing by a nurse licensed in another state [WHO 07 DOES NOT HOLD A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN 08 THIS STATE AND] whose employment responsibilities include transporting patients 09 into, out of, or through this state; however, this exception is valid for a period not to 10 exceed 48 hours for each transport. 11 * Sec. 12. AS 08.68.850 is amended by adding new paragraphs to read: 12 (13) "multistate license" means a license issued by the board under 13 AS 08.68.500 to practice registered nursing or practical nursing in another state that is 14 a party to the Multistate Nurse Licensure Compact enacted under AS 08.68.500; 15 (14) "multistate licensure privilege" means a legal authorization for a 16 person holding a multistate license issued by another state to practice registered 17 nursing or practical nursing in this state under the terms of the Multistate Nurse 18 Licensure Compact enacted under AS 08.68.500; 19 (15) "single-state license" means a license issued under this chapter to 20 practice registered nursing or practical nursing in the state and does not authorize 21 practice in another state. 22 * Sec. 13. AS 18.20 is amended by adding a new section to read: 23 Sec. 18.20.087. Nurse staffing committees. (a) Each hospital shall establish a 24 nurse staffing committee. At least 50 percent of the members of the committee shall be 25 registered nurses and licensed practical nurses currently employed in non-management 26 positions by the hospital. 27 (b) Each nurse staffing committee shall 28 (1) adopt minimum ratios of nurses to patients and certified nurse aides 29 to patients for all units within the hospital; and 30 (2) report annually to the Board of Nursing the rate of compliance by 31 the hospital with each staffing ratio under (1) of this subsection.
01 * Sec. 14. AS 37.05.146(c) is amended by adding a new paragraph to read: 02 (87) fees collected by the Department of Commerce, Community, and 03 Economic Development under AS 08.01.065(l)(2) and AS 08.68.510. 04 * Sec. 15. AS 47.32 is amended by adding a new section to read: 05 Sec. 47.32.210. Restrictions on hiring during a nursing strike. (a) Upon 06 receiving a notice to strike involving nurses, and during a strike involving nurses, an 07 entity may only hire a nurse who 08 (1) is licensed to practice nursing in the state under a single-state 09 license; or 10 (2) was employed in the state under a multistate licensure privilege on 11 the day before the entity received the notice to strike. 12 (b) After withdrawal of a notice to strike involving nurses, or upon conclusion 13 of a strike involving nurses, an entity may resume hiring nurses holding a multistate 14 licensure privilege under this chapter. 15 (c) In this section, 16 (1) "multistate licensure privilege" has the meaning given in 17 AS 08.68.850; 18 (2) "single-state license" has the meaning given in AS 08.68.850. 19 * Sec. 16. AS 08.01.065(l); AS 08.68.500, 08.68.510, 08.68.720, 08.68.850(13), 20 08.68.850(14), 08.68.850(15); AS 18.20.087; AS 37.05.146(c)(87); and AS 47.32.210 are 21 repealed. 22 * Sec. 17. Sections 2, 5, 7, 11, and 16 of this Act take effect July 1, 2032. 23 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2026.