House
Study
Bill
98
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
NURSING
BILL)
A
BILL
FOR
An
Act
relating
to
the
nurse
licensure
compact,
including
1
provisions
for
assessments
against
party
states,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1078DP
(6)
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tr/nh
S.F.
_____
H.F.
_____
Section
1.
Section
152E.1,
Code
2017,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
152E.1
Form
of
compact.
3
1.
Article
I
——
Findings
and
declaration
of
purpose.
4
a.
The
party
states
find
that:
5
(1)
The
health
and
safety
of
the
public
are
affected
by
the
6
degree
of
compliance
with
and
the
effectiveness
of
enforcement
7
activities
related
to
state
nurse
licensure
laws.
8
(2)
Violations
of
nurse
licensure
and
other
laws
regulating
9
the
practice
of
nursing
may
result
in
injury
or
harm
to
the
10
public.
11
(3)
The
expanded
mobility
of
nurses
and
the
use
of
advanced
12
communication
technologies
as
part
of
our
nation’s
health
care
13
delivery
system
require
greater
coordination
and
cooperation
14
among
states
in
the
areas
of
nurse
licensure
and
regulation.
15
(4)
New
practice
modalities
and
technology
make
compliance
16
with
individual
state
nurse
licensure
laws
difficult
and
17
complex.
18
(5)
The
current
system
of
duplicative
licensure
for
nurses
19
practicing
in
multiple
states
is
cumbersome
and
redundant
for
20
both
nurses
and
states.
21
(6)
Uniformity
of
nurse
licensure
requirements
throughout
22
the
states
promotes
public
safety
and
public
health
benefits.
23
b.
The
general
purposes
of
this
compact
are
to:
24
(1)
Facilitate
the
states’
responsibility
to
protect
the
25
public’s
health
and
safety.
26
(2)
Ensure
and
encourage
the
cooperation
of
party
states
in
27
the
areas
of
nurse
licensure
and
regulation.
28
(3)
Facilitate
the
exchange
of
information
between
party
29
states
in
the
areas
of
nurse
regulation,
investigation,
and
30
adverse
actions.
31
(4)
Promote
compliance
with
the
laws
governing
the
practice
32
of
nursing
in
each
jurisdiction.
33
(5)
Invest
all
party
states
with
the
authority
to
hold
34
a
nurse
accountable
for
meeting
all
state
practice
laws
in
35
-1-
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25
S.F.
_____
H.F.
_____
the
state
in
which
the
patient
is
located
at
the
time
care
1
is
rendered
through
the
mutual
recognition
of
party
state
2
licenses.
3
(6)
Decrease
redundancies
in
the
consideration
and
issuance
4
of
nurse
licenses.
5
(7)
Provide
opportunities
for
interstate
practice
by
nurses
6
who
meet
uniform
licensure
requirements.
7
2.
Article
II
——
Definitions.
As
used
in
this
compact:
8
a.
“Adverse
action”
means
any
administrative,
civil,
9
equitable,
or
criminal
action
permitted
by
a
state’s
laws
which
10
is
imposed
by
a
licensing
board
or
other
authority
against
a
11
nurse,
including
actions
against
an
individual’s
license
or
12
multistate
licensure
privilege
such
as
revocation,
suspension,
13
probation,
monitoring
of
the
licensee,
limitation
on
the
14
licensee’s
practice,
or
any
other
encumbrance
on
licensure
15
affecting
a
nurse’s
authorization
to
practice,
including
16
issuance
of
a
cease
and
desist
action.
17
b.
“Alternative
program”
means
a
nondisciplinary
monitoring
18
program
approved
by
a
licensing
board.
19
c.
“Coordinated
licensure
information
system”
means
an
20
integrated
process
for
collecting,
storing,
and
sharing
21
information
on
nurse
licensure
and
enforcement
activities
22
related
to
nurse
licensure
laws
that
is
administered
by
a
23
nonprofit
organization
composed
of
and
controlled
by
licensing
24
boards.
25
d.
“Current
significant
investigative
information”
means
26
either
of
the
following:
27
(1)
Investigative
information
that
a
licensing
board,
28
after
a
preliminary
inquiry
that
includes
notification
and
an
29
opportunity
for
the
nurse
to
respond,
if
required
by
state
law,
30
has
reason
to
believe
is
not
groundless
and,
if
proved
true,
31
would
indicate
more
than
a
minor
infraction.
32
(2)
Investigative
information
that
indicates
that
the
nurse
33
represents
an
immediate
threat
to
public
health
and
safety
34
regardless
of
whether
the
nurse
has
been
notified
and
had
an
35
-2-
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25
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_____
H.F.
_____
opportunity
to
respond.
1
e.
“Encumbrance”
means
a
revocation
or
suspension
of,
or
any
2
limitation
on,
the
full
and
unrestricted
practice
of
nursing
3
imposed
by
a
licensing
board.
4
f.
“Home
state”
means
the
party
state
which
is
the
nurse’s
5
primary
state
of
residence.
6
g.
“Licensing
board”
means
a
party
state’s
regulatory
body
7
responsible
for
issuing
nurse
licenses.
8
h.
“Multistate
license”
means
a
license
to
practice
as
a
9
registered
or
a
licensed
practical
or
vocational
nurse
issued
10
by
a
home
state
licensing
board
that
authorizes
the
licensed
11
nurse
to
practice
in
all
party
states
under
a
multistate
12
licensure
privilege.
13
i.
“Multistate
licensure
privilege”
means
a
legal
14
authorization
associated
with
a
multistate
license
permitting
15
the
practice
of
nursing
as
either
a
registered
nurse
or
a
16
licensed
practical
or
vocational
nurse
in
a
remote
state.
17
j.
“Nurse”
means
a
registered
nurse
or
licensed
practical
18
or
vocational
nurse,
as
those
terms
are
defined
by
each
party
19
state’s
practice
laws.
20
k.
“Party
state”
means
any
state
that
has
adopted
this
21
compact.
22
l.
“Remote
state”
means
a
party
state
other
than
the
home
23
state.
24
m.
“Single-state
license”
means
a
nurse
license
issued
by
a
25
party
state
that
authorizes
practice
only
within
the
issuing
26
state
and
does
not
include
a
multistate
licensure
privilege
to
27
practice
in
any
other
party
state.
28
n.
“State”
means
a
state,
territory,
or
possession
of
the
29
United
States
and
the
District
of
Columbia.
30
o.
“State
practice
laws”
means
a
party
state’s
laws,
31
rules,
and
regulations
that
govern
the
practice
of
nursing,
32
define
the
scope
of
nursing
practice,
and
create
the
methods
33
and
grounds
for
imposing
discipline.
“State
practice
laws”
34
does
not
include
the
initial
qualifications
for
licensure
or
35
-3-
LSB
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S.F.
_____
H.F.
_____
requirements
necessary
to
obtain
and
retain
a
license,
except
1
for
qualifications
or
requirements
of
the
home
state.
2
3.
Article
III
——
General
provisions
and
jurisdiction.
3
a.
A
multistate
license
to
practice
registered
or
licensed
4
practical
or
vocational
nursing
issued
by
a
home
state
to
a
5
resident
in
that
state
will
be
recognized
by
each
party
state
6
as
authorizing
a
nurse
to
practice
as
a
registered
nurse
or
as
7
a
licensed
practical
or
vocational
nurse,
under
a
multistate
8
licensure
privilege,
in
each
party
state.
9
b.
A
state
must
implement
procedures
for
considering
the
10
criminal
history
records
of
applicants
for
initial
multistate
11
license
or
licensure
by
endorsement.
Such
procedures
shall
12
include
the
submission
of
fingerprints
or
other
biometric-based
13
information
by
applicants
for
the
purpose
of
obtaining
an
14
applicant’s
criminal
history
record
information
from
the
15
federal
bureau
of
investigation
and
the
agency
responsible
for
16
retaining
that
state’s
criminal
records.
17
c.
Each
party
state
shall
require
all
of
the
following
for
18
an
applicant
to
obtain
or
retain
a
multistate
license
in
the
19
home
state:
20
(1)
Meets
the
home
state’s
qualifications
for
licensure
or
21
renewal
of
licensure,
as
well
as
all
other
applicable
state
22
laws.
23
(2)
Either
of
the
following:
24
(a)
Has
graduated
or
is
eligible
to
graduate
from
a
25
licensing
board-approved
registered
nurse
or
licensed
practical
26
or
vocational
nurse
prelicensure
education
program.
27
(b)
Has
graduated
from
a
foreign
registered
nurse
or
28
licensed
practical
or
vocational
nurse
prelicensure
program
29
that
meets
both
of
the
following
requirements:
30
(i)
Has
been
approved
by
the
authorized
accrediting
body
in
31
the
applicable
country.
32
(ii)
Has
been
verified
by
an
independent
credentials
33
review
agency
to
be
comparable
to
a
licensing
board-approved
34
prelicensure
education
program.
35
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_____
H.F.
_____
(3)
Has,
if
a
graduate
of
a
foreign
prelicensure
education
1
program
not
taught
in
English
or
if
English
is
not
the
2
individual’s
native
language,
successfully
passed
an
English
3
proficiency
examination
that
includes
the
components
of
4
reading,
speaking,
writing,
and
listening.
5
(4)
Has
successfully
passed
a
national
council
licensure
6
examination
——
registered
nurse
or
national
council
licensure
7
examination
——
practical
nurse
examination
or
recognized
8
predecessor,
as
applicable.
9
(5)
Is
eligible
for
or
holds
an
active,
unencumbered
10
license.
11
(6)
Has
submitted
in
connection
with
an
application
for
12
initial
licensure
or
licensure
by
endorsement,
fingerprints
13
or
other
biometric
data
for
the
purpose
of
obtaining
criminal
14
history
record
information
from
the
federal
bureau
of
15
investigation
and
the
agency
responsible
for
retaining
that
16
state’s
criminal
records.
17
(7)
Has
not
been
convicted
or
found
guilty,
or
has
18
entered
into
an
agreed
disposition,
of
a
felony
offense
under
19
applicable
state
or
federal
criminal
law.
20
(8)
Has
not
been
convicted
or
found
guilty,
or
has
entered
21
into
an
agreed
disposition,
of
a
misdemeanor
offense
related
to
22
the
practice
of
nursing
as
determined
on
a
case-by-case
basis.
23
(9)
Is
not
currently
enrolled
in
an
alternative
program.
24
(10)
Is
subject
to
self-disclosure
requirements
regarding
25
current
participation
in
an
alternative
program.
26
(11)
Has
a
valid
United
States
social
security
number.
27
d.
All
party
states
shall
be
authorized,
in
accordance
28
with
existing
state
due
process
law,
to
take
adverse
action
29
against
a
nurse’s
multistate
licensure
privilege
such
as
30
revocation,
suspension,
probation,
or
any
other
action
that
31
affects
a
nurse’s
authorization
to
practice
under
a
multistate
32
licensure
privilege,
including
cease
and
desist
actions.
If
33
a
party
state
takes
such
action,
it
shall
promptly
notify
the
34
administrator
of
the
coordinated
licensure
information
system.
35
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H.F.
_____
The
administrator
of
the
coordinated
licensure
information
1
system
shall
promptly
notify
the
home
state
of
any
such
actions
2
by
remote
states.
3
e.
A
nurse
practicing
in
a
party
state
must
comply
with
the
4
state
practice
laws
of
the
state
in
which
the
client
is
located
5
at
the
time
service
is
provided.
The
practice
of
nursing
is
6
not
limited
to
patient
care,
but
shall
include
all
nursing
7
practice
as
defined
by
the
state
practice
laws
of
the
party
8
state
in
which
the
client
is
located.
The
practice
of
nursing
9
in
a
party
state
under
a
multistate
licensure
privilege
will
10
subject
a
nurse
to
the
jurisdiction
of
the
licensing
board,
the
11
courts,
and
the
laws
of
the
party
state
in
which
the
client
is
12
located
at
the
time
service
is
provided.
13
f.
Individuals
not
residing
in
a
party
state
shall
continue
14
to
be
able
to
apply
for
a
party
state’s
single-state
license
15
as
provided
under
the
laws
of
each
party
state.
However,
the
16
single-state
license
granted
to
these
individuals
will
not
be
17
recognized
as
granting
the
privilege
to
practice
nursing
in
any
18
other
party
state.
Nothing
in
this
compact
shall
affect
the
19
requirements
established
by
a
party
state
for
the
issuance
of
20
a
single-state
license.
21
g.
Any
nurse
holding
a
home
state
multistate
license
on
22
the
effective
date
of
this
compact
may
retain
and
renew
the
23
multistate
license
issued
by
the
nurse’s
then-current
home
24
state,
provided
that:
25
(1)
A
nurse
who
changes
primary
state
of
residence
after
26
this
compact’s
effective
date
must
meet
all
applicable
27
requirements
in
article
III,
paragraph
“c”
,
to
obtain
a
28
multistate
license
from
a
new
home
state.
29
(2)
A
nurse
who
fails
to
satisfy
the
multistate
licensure
30
requirements
in
article
III,
paragraph
“c”
,
due
to
a
31
disqualifying
event
occurring
after
this
compact’s
effective
32
date
shall
be
ineligible
to
retain
or
renew
a
multistate
33
license,
and
the
nurse’s
multistate
license
shall
be
revoked
or
34
deactivated
in
accordance
with
applicable
rules
adopted
by
the
35
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_____
H.F.
_____
commission.
1
4.
Article
IV
——
Applications
for
licensure
in
a
party
state.
2
a.
Upon
application
for
a
multistate
license,
the
licensing
3
board
in
the
issuing
party
state
shall
ascertain,
through
the
4
coordinated
licensure
information
system,
whether
the
applicant
5
has
ever
held,
or
is
the
holder
of,
a
license
issued
by
any
6
other
state,
whether
there
are
any
encumbrances
on
any
license
7
or
multistate
licensure
privilege
held
by
the
applicant,
8
whether
any
adverse
action
has
been
taken
against
any
license
9
or
multistate
licensure
privilege
held
by
the
applicant
10
and
whether
the
applicant
is
currently
participating
in
an
11
alternative
program.
12
b.
A
nurse
may
hold
a
multistate
license,
issued
by
the
home
13
state,
in
only
one
party
state
at
a
time.
14
c.
If
a
nurse
changes
primary
state
of
residence
by
moving
15
between
two
party
states,
the
nurse
must
apply
for
licensure
16
in
the
new
home
state,
and
the
multistate
license
issued
by
17
the
prior
home
state
will
be
deactivated
in
accordance
with
18
applicable
rules
adopted
by
the
commission.
19
(1)
The
nurse
may
apply
for
licensure
in
advance
of
a
change
20
in
the
primary
state
of
residence.
21
(2)
A
multistate
license
shall
not
be
issued
by
the
new
22
home
state
until
the
nurse
provides
satisfactory
evidence
of
a
23
change
in
primary
state
of
residence
to
the
new
home
state
and
24
satisfies
all
applicable
requirements
to
obtain
a
multistate
25
license
from
the
new
home
state.
26
d.
If
a
nurse
changes
primary
state
of
residence
by
moving
27
from
a
party
state
to
a
nonparty
state,
the
multistate
license
28
issued
by
the
prior
home
state
will
convert
to
a
single-state
29
license,
valid
only
in
the
former
home
state.
30
5.
Article
V
——
Additional
authorities
invested
in
party
31
state
licensing
boards.
32
a.
In
addition
to
the
other
powers
conferred
by
state
law,
33
a
licensing
board
shall
have
the
authority
to
do
all
of
the
34
following:
35
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_____
H.F.
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(1)
Take
adverse
action
against
a
nurse’s
multistate
1
licensure
privilege
to
practice
within
that
party
state.
2
(a)
Only
the
home
state
shall
have
the
power
to
take
adverse
3
action
against
a
nurse’s
license
issued
by
the
home
state.
4
(b)
For
purposes
of
taking
adverse
action,
the
home
state
5
licensing
board
shall
give
the
same
priority
and
effect
to
6
reported
conduct
received
from
a
remote
state
as
it
would
if
7
such
conduct
had
occurred
within
the
home
state.
In
so
doing,
8
the
home
state
shall
apply
its
own
state
laws
to
determine
9
appropriate
action.
10
(2)
Issue
cease
and
desist
orders
or
impose
an
encumbrance
11
on
a
nurse’s
authority
to
practice
within
that
party
state.
12
(3)
Complete
any
pending
investigations
of
a
nurse
who
13
changes
primary
state
of
residence
during
the
course
of
such
14
investigations.
The
licensing
board
shall
also
have
the
15
authority
to
take
appropriate
action
and
shall
promptly
report
16
the
conclusions
of
such
investigations
to
the
administrator
17
of
the
coordinated
licensure
information
system.
The
18
administrator
of
the
coordinated
licensure
information
system
19
shall
promptly
notify
the
new
home
state
of
any
such
actions.
20
(4)
Issue
subpoenas
for
both
hearings
and
investigations
21
that
require
the
attendance
and
testimony
of
witnesses,
as
well
22
as
the
production
of
evidence.
Subpoenas
issued
by
a
licensing
23
board
in
a
party
state
for
the
attendance
and
testimony
of
24
witnesses
or
the
production
of
evidence
from
another
party
25
state
shall
be
enforced
in
the
latter
state
by
any
court
of
26
competent
jurisdiction,
according
to
the
practice
and
procedure
27
of
that
court
applicable
to
subpoenas
issued
in
proceedings
28
pending
before
it.
The
issuing
authority
shall
pay
any
witness
29
fees,
travel
expenses,
mileage,
and
other
fees
required
by
30
the
service
statutes
of
the
state
in
which
the
witnesses
or
31
evidence
are
located.
32
(5)
Obtain
and
submit,
for
each
nurse
licensure
applicant,
33
fingerprint
or
other
biometric-based
information
to
the
federal
34
bureau
of
investigation
for
criminal
background
checks,
receive
35
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H.F.
_____
the
results
of
the
federal
bureau
of
investigation
record
1
search
on
criminal
background
checks,
and
use
the
results
in
2
making
licensure
decisions.
3
(6)
If
otherwise
permitted
by
state
law,
recover
from
the
4
affected
nurse
the
costs
of
investigations
and
disposition
of
5
cases
resulting
from
any
adverse
action
taken
against
that
6
nurse.
7
(7)
Take
adverse
action
based
on
the
factual
findings
of
the
8
remote
state,
provided
that
the
licensing
board
follows
its
own
9
procedures
for
taking
such
adverse
action.
10
b.
If
adverse
action
is
taken
by
the
home
state
against
a
11
nurse’s
multistate
license,
the
nurse’s
multistate
licensure
12
privilege
to
practice
in
all
other
party
states
shall
be
13
deactivated
until
all
encumbrances
have
been
removed
from
the
14
multistate
license.
All
home
state
disciplinary
orders
that
15
impose
adverse
action
against
a
nurse’s
multistate
license
16
shall
include
a
statement
that
the
nurse’s
multistate
licensure
17
privilege
is
deactivated
in
all
party
states
during
the
18
pendency
of
the
order.
19
c.
Nothing
in
this
compact
shall
override
a
party
state’s
20
decision
that
participation
in
an
alternative
program
may
be
21
used
in
lieu
of
adverse
action.
The
home
state
licensing
board
22
shall
deactivate
the
multistate
licensure
privilege
under
the
23
multistate
license
of
any
nurse
for
the
duration
of
the
nurse’s
24
participation
in
an
alternative
program.
25
6.
Article
VI
——
Coordinated
licensure
information
system
and
26
exchange
of
information.
27
a.
All
party
states
shall
participate
in
a
coordinated
28
licensure
information
system
of
all
licensed
registered
nurses
29
and
licensed
practical
or
vocational
nurses.
This
system
will
30
include
information
on
the
licensure
and
disciplinary
history
31
of
each
nurse,
as
submitted
by
party
states,
to
assist
in
the
32
coordination
of
nurse
licensure
and
enforcement
efforts.
33
b.
The
commission,
in
consultation
with
the
administrator
of
34
the
coordinated
licensure
information
system,
shall
formulate
35
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_____
H.F.
_____
necessary
and
proper
procedures
for
the
identification,
1
collection,
and
exchange
of
information
under
this
compact.
2
c.
All
licensing
boards
shall
promptly
report
to
the
3
coordinated
licensure
information
system
any
adverse
action,
4
any
current
significant
investigative
information,
denials
5
of
applications
with
the
reasons
for
such
denials
and
nurse
6
participation
in
alternative
programs
known
to
the
licensing
7
board
regardless
of
whether
such
participation
is
deemed
8
nonpublic
or
confidential
under
state
law.
9
d.
Current
significant
investigative
information
and
10
participation
in
nonpublic
or
confidential
alternative
11
programs
shall
be
transmitted
through
the
coordinated
licensure
12
information
system
only
to
party
state
licensing
boards.
13
e.
Notwithstanding
any
other
provision
of
law,
all
14
party
state
licensing
boards
contributing
information
to
15
the
coordinated
licensure
information
system
may
designate
16
information
that
may
not
be
shared
with
nonparty
states
or
17
disclosed
to
other
entities
or
individuals
without
the
express
18
permission
of
the
contributing
state.
19
f.
Any
personally
identifiable
information
obtained
from
20
the
coordinated
licensure
information
system
by
a
party
state
21
licensing
board
shall
not
be
shared
with
nonparty
states
or
22
disclosed
to
other
entities
or
individuals
except
to
the
extent
23
permitted
by
the
laws
of
the
party
state
contributing
the
24
information.
25
g.
Any
information
contributed
to
the
coordinated
licensure
26
information
system
that
is
subsequently
required
to
be
expunged
27
by
the
laws
of
the
party
state
contributing
that
information
28
shall
also
be
expunged
from
the
coordinated
licensure
29
information
system.
30
h.
The
compact
administrator
of
each
party
state
shall
31
furnish
a
uniform
data
set
to
the
compact
administrator
of
each
32
other
party
state,
which
shall
include
but
not
be
limited
to
33
the
following:
34
(1)
Identifying
information.
35
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H.F.
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(2)
Licensure
data.
1
(3)
Information
related
to
alternative
program
2
participation.
3
(4)
Other
information
that
may
facilitate
the
4
administration
of
this
compact,
as
determined
by
commission
5
rules.
6
i.
The
compact
administrator
of
a
party
state
shall
provide
7
all
investigative
documents
and
information
requested
by
8
another
party
state.
9
7.
Article
VII
——
Establishment
of
the
interstate
commission
10
of
nurse
licensure
compact
administrators.
11
a.
The
party
states
hereby
create
and
establish
a
joint
12
public
entity
known
as
the
interstate
commission
of
nurse
13
licensure
compact
administrators.
14
(1)
The
commission
is
an
instrumentality
of
the
party
15
states.
16
(2)
Venue
is
proper,
and
judicial
proceedings
by
or
against
17
the
commission
shall
be
brought
solely
and
exclusively,
in
a
18
court
of
competent
jurisdiction
where
the
principal
office
of
19
the
commission
is
located.
The
commission
may
waive
venue
and
20
jurisdictional
defenses
to
the
extent
it
adopts
or
consents
to
21
participate
in
alternative
dispute
resolution
proceedings.
22
(3)
Nothing
in
this
compact
shall
be
construed
to
be
a
23
waiver
of
sovereign
immunity.
24
b.
Membership,
voting,
and
meetings.
25
(1)
Each
party
state
shall
have
and
be
limited
to
one
26
administrator.
The
head
of
the
state
licensing
board
or
27
designee
shall
be
the
administrator
of
this
compact
for
each
28
party
state.
Any
administrator
may
be
removed
or
suspended
29
from
office
as
provided
by
the
law
of
the
state
from
which
30
the
administrator
is
appointed.
Any
vacancy
occurring
in
the
31
commission
shall
be
filled
in
accordance
with
the
laws
of
the
32
party
state
in
which
the
vacancy
exists.
33
(2)
Each
administrator
shall
be
entitled
to
one
vote
with
34
regard
to
the
promulgation
of
rules
and
creation
of
bylaws
35
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_____
H.F.
_____
and
shall
otherwise
have
an
opportunity
to
participate
in
the
1
business
and
affairs
of
the
commission.
An
administrator
2
shall
vote
in
person
or
by
such
other
means
as
provided
in
3
the
bylaws.
The
bylaws
may
provide
for
an
administrator’s
4
participation
in
meetings
by
telephone
or
other
means
of
5
communication.
6
(3)
The
commission
shall
meet
at
least
once
during
each
7
calendar
year.
Additional
meetings
shall
be
held
as
set
forth
8
in
the
bylaws
or
rules
of
the
commission.
9
(4)
All
meetings
shall
be
open
to
the
public,
and
public
10
notice
of
meetings
shall
be
given
in
the
same
manner
as
11
required
under
the
rulemaking
provisions
in
article
VIII.
12
(5)
The
commission
may
convene
in
a
closed,
nonpublic
13
meeting
if
the
commission
must
discuss
any
of
the
following:
14
(a)
Noncompliance
of
a
party
state
with
its
obligations
15
under
this
compact.
16
(b)
The
employment,
compensation,
discipline,
or
other
17
personnel
matters,
practices,
or
procedures
related
to
specific
18
employees
or
other
matters
related
to
the
commission’s
internal
19
personnel
practices
and
procedures.
20
(c)
Current,
threatened,
or
reasonably
anticipated
21
litigation.
22
(d)
Negotiation
of
contracts
for
the
purchase
or
sale
of
23
goods,
services,
or
real
estate.
24
(e)
Accusing
any
person
of
a
crime
or
formally
censuring
any
25
person.
26
(f)
Disclosure
of
trade
secrets
or
commercial
or
financial
27
information
that
is
privileged
or
confidential.
28
(g)
Disclosure
of
information
of
a
personal
nature
where
29
disclosure
would
constitute
a
clearly
unwarranted
invasion
of
30
personal
privacy.
31
(h)
Disclosure
of
investigatory
records
compiled
for
law
32
enforcement
purposes.
33
(i)
Disclosure
of
information
related
to
any
reports
34
prepared
by
or
on
behalf
of
the
commission
for
the
purpose
of
35
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_____
H.F.
_____
investigation
of
compliance
with
this
compact.
1
(j)
Matters
specifically
exempted
from
disclosure
by
2
federal
or
state
statute.
3
(6)
If
a
meeting,
or
portion
of
a
meeting,
is
closed
4
pursuant
to
this
provision,
the
commission’s
legal
counsel
or
5
designee
shall
certify
that
the
meeting
may
be
closed
and
shall
6
reference
each
relevant
exempting
provision.
The
commission
7
shall
keep
minutes
that
fully
and
clearly
describe
all
matters
8
discussed
in
a
meeting
and
shall
provide
a
full
and
accurate
9
summary
of
actions
taken,
and
the
reasons
therefor,
including
a
10
description
of
the
views
expressed.
All
documents
considered
11
in
connection
with
an
action
shall
be
identified
in
such
12
minutes.
All
minutes
and
documents
of
a
closed
meeting
shall
13
remain
under
seal,
subject
to
release
by
a
majority
vote
of
the
14
commission
or
order
of
a
court
of
competent
jurisdiction.
15
c.
The
commission
shall,
by
a
majority
vote
of
the
16
administrators,
prescribe
bylaws
or
rules
to
govern
its
conduct
17
as
may
be
necessary
or
appropriate
to
carry
out
the
purposes
18
and
exercise
the
powers
of
this
compact,
including
but
not
19
limited
to
any
of
the
following:
20
(1)
Establishing
the
fiscal
year
of
the
commission.
21
(2)
Providing
reasonable
standards
and
procedures
for
both
22
of
the
following:
23
(a)
The
establishment
and
meetings
of
other
committees.
24
(b)
Governing
any
general
or
specific
delegation
of
any
25
authority
or
function
of
the
commission.
26
(3)
Providing
reasonable
procedures
for
calling
and
27
conducting
meetings
of
the
commission,
ensuring
reasonable
28
advance
notice
of
all
meetings,
and
providing
an
opportunity
29
for
attendance
of
such
meetings
by
interested
parties,
30
with
enumerated
exceptions
designed
to
protect
the
public’s
31
interest,
the
privacy
of
individuals,
and
proprietary
32
information,
including
trade
secrets.
The
commission
may
meet
33
in
closed
session
only
after
a
majority
of
the
administrators
34
vote
to
close
a
meeting
in
whole
or
in
part.
As
soon
as
35
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_____
H.F.
_____
practicable,
the
commission
must
make
public
a
copy
of
the
vote
1
to
close
the
meeting
revealing
the
vote
of
each
administrator,
2
with
no
proxy
votes
allowed.
3
(4)
Establishing
the
titles,
duties,
and
authority
and
4
reasonable
procedures
for
the
election
of
the
officers
of
the
5
commission.
6
(5)
Providing
reasonable
standards
and
procedures
for
the
7
establishment
of
the
personnel
policies
and
programs
of
the
8
commission.
Notwithstanding
any
civil
service
or
other
similar
9
laws
of
any
party
state,
the
bylaws
shall
exclusively
govern
10
the
personnel
policies
and
programs
of
the
commission.
11
(6)
Providing
a
mechanism
for
winding
up
the
operations
12
of
the
commission
and
the
equitable
disposition
of
any
13
surplus
funds
that
may
exist
after
the
termination
of
this
14
compact
after
the
payment
or
reserving
of
all
of
its
debts
and
15
obligations.
16
d.
The
commission
shall
publish
its
bylaws
and
rules,
and
17
any
amendments
thereto,
in
a
convenient
form
on
the
internet
18
site
of
the
commission.
19
e.
The
commission
shall
maintain
its
financial
records
in
20
accordance
with
the
bylaws.
21
f.
The
commission
shall
meet
and
take
such
actions
as
are
22
consistent
with
the
provisions
of
this
compact
and
the
bylaws.
23
g.
The
commission
shall
have
the
following
powers:
24
(1)
To
promulgate
uniform
rules
to
facilitate
and
25
coordinate
implementation
and
administration
of
this
compact.
26
The
rules
shall
have
the
force
and
effect
of
law
and
shall
be
27
binding
in
all
party
states.
28
(2)
To
bring
and
prosecute
legal
proceedings
or
actions
in
29
the
name
of
the
commission,
provided
that
the
standing
of
any
30
licensing
board
to
sue
or
be
sued
under
applicable
law
shall
31
not
be
affected.
32
(3)
To
purchase
and
maintain
insurance
and
bonds.
33
(4)
To
borrow,
accept,
or
contract
for
services
of
34
personnel,
including
but
not
limited
to
employees
of
a
party
35
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_____
H.F.
_____
state
or
nonprofit
organizations.
1
(5)
To
cooperate
with
other
organizations
that
administer
2
state
compacts
related
to
the
regulation
of
nursing,
including
3
but
not
limited
to
sharing
administrative
or
staff
expenses,
4
office
space
or
other
resources.
5
(6)
To
hire
employees,
elect
or
appoint
officers,
fix
6
compensation,
define
duties,
grant
such
individuals
appropriate
7
authority
to
carry
out
the
purposes
of
this
compact,
and
to
8
establish
the
commission’s
personnel
policies
and
programs
9
relating
to
conflicts
of
interest,
qualifications
of
personnel,
10
and
other
related
personnel
matters.
11
(7)
To
accept
any
and
all
appropriate
donations,
grants
and
12
gifts
of
money,
equipment,
supplies,
materials,
and
services,
13
and
to
receive,
utilize,
and
dispose
of
the
same;
provided
14
that
at
all
times
the
commission
shall
avoid
any
appearance
of
15
impropriety
or
conflict
of
interest.
16
(8)
To
lease,
purchase,
accept
appropriate
gifts
or
17
donations
of,
or
otherwise
to
own,
hold,
improve,
or
use,
any
18
property,
whether
real,
personal,
or
mixed;
provided
that
19
at
all
times
the
commission
shall
avoid
any
appearance
of
20
impropriety.
21
(9)
To
sell,
convey,
mortgage,
pledge,
lease,
exchange,
22
abandon,
or
otherwise
dispose
of
any
property,
whether
real,
23
personal,
or
mixed.
24
(10)
To
establish
a
budget
and
make
expenditures.
25
(11)
To
borrow
money.
26
(12)
To
appoint
committees,
including
advisory
committees
27
comprised
of
administrators,
state
nursing
regulators,
28
state
legislators
or
their
representatives,
and
consumer
29
representatives,
and
other
such
interested
persons.
30
(13)
To
provide
and
receive
information
from,
and
to
31
cooperate
with,
law
enforcement
agencies.
32
(14)
To
adopt
and
use
an
official
seal.
33
(15)
To
perform
such
other
functions
as
may
be
necessary
or
34
appropriate
to
achieve
the
purposes
of
this
compact
consistent
35
-15-
LSB
1078DP
(6)
87
tr/nh
15/
25
S.F.
_____
H.F.
_____
with
the
state
regulation
of
nurse
licensure
and
practice.
1
h.
Financing
of
the
commission.
2
(1)
The
commission
shall
pay,
or
provide
for
the
payment
of,
3
the
reasonable
expenses
of
its
establishment,
organization,
and
4
ongoing
activities.
5
(2)
The
commission
may
also
levy
on
and
collect
an
annual
6
assessment
from
each
party
state
to
cover
the
cost
of
its
7
operations,
activities,
and
staff
in
its
annual
budget
as
8
approved
each
year.
The
aggregate
annual
assessment
amount,
if
9
any,
shall
be
allocated
based
upon
a
formula
to
be
determined
10
by
the
commission,
which
shall
promulgate
a
rule
that
is
11
binding
upon
all
party
states.
12
(3)
The
commission
shall
not
incur
obligations
of
any
kind
13
prior
to
securing
the
funds
adequate
to
meet
the
same;
nor
14
shall
the
commission
pledge
the
credit
of
any
of
the
party
15
states,
except
by,
and
with
the
authority
of,
such
party
state.
16
(4)
The
commission
shall
keep
accurate
accounts
of
all
17
receipts
and
disbursements.
The
receipts
and
disbursements
of
18
the
commission
shall
be
subject
to
the
audit
and
accounting
19
procedures
established
under
its
bylaws.
However,
all
receipts
20
and
disbursements
of
funds
handled
by
the
commission
shall
be
21
audited
yearly
by
a
certified
or
licensed
public
accountant,
22
and
the
report
of
the
audit
shall
be
included
in
and
become
23
part
of
the
annual
report
of
the
commission.
24
i.
Qualified
immunity,
defense,
and
indemnification.
25
(1)
The
administrators,
officers,
executive
director,
26
employees,
and
representatives
of
the
commission
shall
be
27
immune
from
suit
and
liability,
either
personally
or
in
their
28
official
capacity,
for
any
claim
for
damage
to
or
loss
of
29
property
or
personal
injury
or
other
civil
liability
caused
by
30
or
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
31
that
occurred,
or
that
the
person
against
whom
the
claim
is
32
made
had
a
reasonable
basis
for
believing
occurred,
within
the
33
scope
of
commission
employment,
duties,
or
responsibilities;
34
provided
that
nothing
in
this
paragraph
“i”
shall
be
construed
35
-16-
LSB
1078DP
(6)
87
tr/nh
16/
25
S.F.
_____
H.F.
_____
to
protect
any
such
person
from
suit
or
liability
for
any
1
damage,
loss,
injury,
or
liability
caused
by
the
intentional,
2
willful,
or
wanton
misconduct
of
that
person.
3
(2)
The
commission
shall
defend
any
administrator,
4
officer,
executive
director,
employee,
or
representative
of
5
the
commission
in
any
civil
action
seeking
to
impose
liability
6
arising
out
of
any
actual
or
alleged
act,
error,
or
omission
7
that
occurred
within
the
scope
of
commission
employment,
8
duties,
or
responsibilities,
or
that
the
person
against
9
whom
the
claim
is
made
had
a
reasonable
basis
for
believing
10
occurred
within
the
scope
of
commission
employment,
duties,
11
or
responsibilities;
provided
that
nothing
herein
shall
be
12
construed
to
prohibit
that
person
from
retaining
the
person’s
13
own
counsel;
and
provided
further
that
the
actual
or
alleged
14
act,
error,
or
omission
did
not
result
from
that
person’s
15
intentional,
willful,
or
wanton
misconduct.
16
(3)
The
commission
shall
indemnify
and
hold
harmless
17
any
administrator,
officer,
executive
director,
employee,
18
or
representative
of
the
commission
for
the
amount
of
any
19
settlement
or
judgment
obtained
against
that
person
arising
20
out
of
any
actual
or
alleged
act,
error,
or
omission
that
21
occurred
within
the
scope
of
commission
employment,
duties,
22
or
responsibilities,
or
that
such
person
had
a
reasonable
23
basis
for
believing
occurred
within
the
scope
of
commission
24
employment,
duties,
or
responsibilities,
provided
that
the
25
actual
or
alleged
act,
error,
or
omission
did
not
result
from
26
the
intentional,
willful,
or
wanton
misconduct
of
that
person.
27
8.
Article
VIII
——
Rulemaking.
28
a.
The
commission
shall
exercise
its
rulemaking
powers
29
pursuant
to
the
criteria
set
forth
in
this
article
and
the
30
rules
adopted
thereunder.
Rules
and
amendments
shall
become
31
binding
as
of
the
date
specified
in
each
rule
or
amendment
and
32
shall
have
the
same
force
and
effect
as
provisions
of
this
33
compact.
34
b.
Rules
or
amendments
to
the
rules
shall
be
adopted
at
a
35
-17-
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1078DP
(6)
87
tr/nh
17/
25
S.F.
_____
H.F.
_____
regular
or
special
meeting
of
the
commission.
1
c.
Prior
to
promulgation
and
adoption
of
a
final
rule
or
2
rules
by
the
commission,
and
at
least
sixty
days
in
advance
3
of
the
meeting
at
which
the
rule
will
be
considered
and
voted
4
upon,
the
commission
shall
file
a
notice
of
proposed
rulemaking
5
on
the
internet
site
of
the
commission
and
on
the
internet
site
6
of
each
licensing
board
or
the
publication
in
which
each
state
7
would
otherwise
publish
proposed
rules.
8
d.
The
notice
of
proposed
rulemaking
shall
include
all
of
9
the
following:
10
(1)
The
proposed
time,
date,
and
location
of
the
meeting
in
11
which
the
rule
will
be
considered
and
voted
upon.
12
(2)
The
text
of
the
proposed
rule
or
amendment,
and
the
13
reason
for
the
proposed
rule.
14
(3)
A
request
for
comments
on
the
proposed
rule
from
any
15
interested
person.
16
(4)
The
manner
in
which
interested
persons
may
submit
notice
17
to
the
commission
of
their
intention
to
attend
the
public
18
hearing
and
any
written
comments.
19
e.
Prior
to
adoption
of
a
proposed
rule,
the
commission
20
shall
allow
persons
to
submit
written
data,
facts,
opinions,
21
and
arguments,
which
shall
be
made
available
to
the
public.
22
f.
The
commission
shall
grant
an
opportunity
for
a
public
23
hearing
before
it
adopts
a
rule
or
amendment.
24
g.
The
commission
shall
publish
the
place,
time,
and
date
of
25
the
scheduled
public
hearing.
26
(1)
Hearings
shall
be
conducted
in
a
manner
providing
each
27
person
who
wishes
to
comment
a
fair
and
reasonable
opportunity
28
to
comment
orally
or
in
writing.
All
hearings
will
be
29
recorded,
and
a
copy
will
be
made
available
upon
request.
30
(2)
Nothing
in
this
article
shall
be
construed
as
requiring
31
a
separate
hearing
on
each
rule.
Rules
may
be
grouped
for
the
32
convenience
of
the
commission
at
hearings
required
by
this
33
article.
34
h.
If
no
one
appears
at
the
public
hearing,
the
commission
35
-18-
LSB
1078DP
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87
tr/nh
18/
25
S.F.
_____
H.F.
_____
may
proceed
with
promulgation
of
the
proposed
rule.
1
i.
Following
the
scheduled
hearing
date,
or
by
the
close
2
of
business
on
the
scheduled
hearing
date
if
the
hearing
was
3
not
held,
the
commission
shall
consider
all
written
and
oral
4
comments
received.
5
j.
The
commission
shall,
by
majority
vote
of
all
6
administrators,
take
final
action
on
the
proposed
rule
and
7
shall
determine
the
effective
date
of
the
rule,
if
any,
based
8
on
the
rulemaking
record
and
the
full
text
of
the
rule.
9
k.
Upon
determination
that
an
emergency
exists,
the
10
commission
may
consider
and
adopt
an
emergency
rule
without
11
prior
notice,
opportunity
for
comment
or
hearing,
provided
that
12
the
usual
rulemaking
procedures
provided
in
this
compact
and
13
in
this
article
shall
be
retroactively
applied
to
the
rule
as
14
soon
as
reasonably
possible,
in
no
event
later
than
ninety
days
15
after
the
effective
date
of
the
rule.
For
the
purposes
of
16
this
provision,
an
emergency
rule
is
one
that
must
be
adopted
17
immediately
in
order
to
do
any
of
the
following:
18
(1)
Meet
an
imminent
threat
to
public
health,
safety,
or
19
welfare.
20
(2)
Prevent
a
loss
of
commission
or
party
state
funds.
21
(3)
Meet
a
deadline
for
the
promulgation
of
an
22
administrative
rule
that
is
required
by
federal
law
or
rule.
23
l.
The
commission
may
direct
revisions
to
a
previously
24
adopted
rule
or
amendment
for
purposes
of
correcting
25
typographical
errors,
errors
in
format,
errors
in
consistency,
26
or
grammatical
errors.
Public
notice
of
any
revisions
shall
be
27
posted
on
the
internet
site
of
the
commission.
The
revision
28
shall
be
subject
to
challenge
by
any
person
for
a
period
of
29
thirty
days
after
posting.
The
revision
may
be
challenged
only
30
on
grounds
that
the
revision
results
in
a
material
change
to
31
a
rule.
A
challenge
shall
be
made
in
writing,
and
delivered
32
to
the
commission,
prior
to
the
end
of
the
notice
period.
If
33
no
challenge
is
made,
the
revision
will
take
effect
without
34
further
action.
If
the
revision
is
challenged,
the
revision
35
-19-
LSB
1078DP
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87
tr/nh
19/
25
S.F.
_____
H.F.
_____
may
not
take
effect
without
the
approval
of
the
commission.
1
9.
Article
IX
——
Oversight,
dispute
resolution,
and
2
enforcement.
3
a.
Oversight.
4
(1)
Each
party
state
shall
enforce
this
compact
and
take
all
5
actions
necessary
and
appropriate
to
effectuate
this
compact’s
6
purposes
and
intent.
7
(2)
The
commission
shall
be
entitled
to
receive
service
8
of
process
in
any
proceeding
that
may
affect
the
powers,
9
responsibilities,
or
actions
of
the
commission,
and
shall
have
10
standing
to
intervene
in
such
a
proceeding
for
all
purposes.
11
Failure
to
provide
service
of
process
in
such
proceeding
to
12
the
commission
shall
render
a
judgment
or
order
void
as
to
the
13
commission,
this
compact,
or
promulgated
rules.
14
b.
Default,
technical
assistance,
and
termination.
15
(1)
If
the
commission
determines
that
a
party
state
16
has
defaulted
in
the
performance
of
its
obligations
or
17
responsibilities
under
this
compact
or
the
promulgated
rules,
18
the
commission
shall
do
both
of
the
following:
19
(a)
Provide
written
notice
to
the
defaulting
state
and
other
20
party
states
of
the
nature
of
the
default,
the
proposed
means
21
of
curing
the
default,
or
any
other
action
to
be
taken
by
the
22
commission.
23
(b)
Provide
remedial
training
and
specific
technical
24
assistance
regarding
the
default.
25
(2)
If
a
state
in
default
fails
to
cure
the
default,
the
26
defaulting
state’s
membership
in
this
compact
may
be
terminated
27
upon
an
affirmative
vote
of
a
majority
of
the
administrators,
28
and
all
rights,
privileges,
and
benefits
conferred
by
this
29
compact
may
be
terminated
on
the
effective
date
of
termination.
30
A
cure
of
the
default
does
not
relieve
the
offending
state
31
of
obligations
or
liabilities
incurred
during
the
period
of
32
default.
33
(3)
Termination
of
membership
in
this
compact
shall
be
34
imposed
only
after
all
other
means
of
securing
compliance
have
35
-20-
LSB
1078DP
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87
tr/nh
20/
25
S.F.
_____
H.F.
_____
been
exhausted.
Notice
of
intent
to
suspend
or
terminate
shall
1
be
given
by
the
commission
to
the
governor
of
the
defaulting
2
state
and
to
the
executive
officer
of
the
defaulting
state’s
3
licensing
board
and
each
of
the
party
states.
4
(4)
A
state
whose
membership
in
this
compact
has
been
5
terminated
is
responsible
for
all
assessments,
obligations,
and
6
liabilities
incurred
through
the
effective
date
of
termination,
7
including
obligations
that
extend
beyond
the
effective
date
of
8
termination.
9
(5)
The
commission
shall
not
bear
any
costs
related
to
a
10
state
that
is
found
to
be
in
default
or
whose
membership
in
11
this
compact
has
been
terminated
unless
agreed
upon
in
writing
12
between
the
commission
and
the
defaulting
state.
13
(6)
The
defaulting
state
may
appeal
the
action
of
the
14
commission
by
petitioning
the
United
States
district
court
15
for
the
District
of
Columbia
or
the
federal
district
in
which
16
the
commission
has
its
principal
offices.
The
prevailing
17
party
shall
be
awarded
all
costs
of
such
litigation,
including
18
reasonable
attorneys’
fees.
19
c.
Dispute
resolution.
20
(1)
Upon
request
by
a
party
state,
the
commission
shall
21
attempt
to
resolve
disputes
related
to
the
compact
that
arise
22
among
party
states
and
between
party
and
nonparty
states.
23
(2)
The
commission
shall
promulgate
a
rule
providing
for
24
both
mediation
and
binding
dispute
resolution
for
disputes,
as
25
appropriate.
26
(3)
In
the
event
the
commission
cannot
resolve
disputes
27
among
party
states
arising
under
this
compact:
28
(a)
The
party
states
may
submit
the
issues
in
dispute
to
29
an
arbitration
panel,
which
will
be
comprised
of
individuals
30
appointed
by
the
compact
administrator
in
each
of
the
affected
31
party
states
and
an
individual
mutually
agreed
upon
by
the
32
compact
administrators
of
all
the
party
states
involved
in
the
33
dispute.
34
(b)
The
decision
of
a
majority
of
the
arbitrators
shall
be
35
-21-
LSB
1078DP
(6)
87
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_____
H.F.
_____
final
and
binding.
1
d.
Enforcement.
2
(1)
The
commission,
in
the
reasonable
exercise
of
its
3
discretion,
shall
enforce
the
provisions
and
rules
of
this
4
compact.
5
(2)
By
majority
vote,
the
commission
may
initiate
legal
6
action
in
the
United
States
district
court
for
the
District
of
7
Columbia
or
the
federal
district
in
which
the
commission
has
8
its
principal
offices
against
a
party
state
that
is
in
default
9
to
enforce
compliance
with
the
provisions
of
this
compact
10
and
its
promulgated
rules
and
bylaws.
The
relief
sought
may
11
include
both
injunctive
relief
and
damages.
In
the
event
12
judicial
enforcement
is
necessary,
the
prevailing
party
shall
13
be
awarded
all
costs
of
such
litigation,
including
reasonable
14
attorneys’
fees.
15
(3)
The
remedies
herein
shall
not
be
the
exclusive
remedies
16
of
the
commission.
The
commission
may
pursue
any
other
17
remedies
available
under
federal
or
state
law.
18
10.
Article
X
——
Effective
date,
withdrawal,
and
amendment.
19
a.
This
compact
shall
become
effective
and
binding
on
the
20
earlier
of
the
date
of
legislative
enactment
of
this
compact
21
into
law
by
no
less
than
twenty-six
states
or
December
31,
22
2018.
All
party
states
to
this
compact,
that
also
were
parties
23
to
the
prior
nurse
licensure
compact,
superseded
by
this
24
compact,
shall
be
deemed
to
have
withdrawn
from
said
prior
25
compact
within
six
months
after
the
effective
date
of
this
26
compact.
27
b.
Each
party
state
to
this
compact
shall
continue
to
28
recognize
a
nurse’s
multistate
licensure
privilege
to
practice
29
in
that
party
state
issued
under
the
prior
nurse
licensure
30
compact
until
such
party
state
has
withdrawn
from
the
prior
31
nurse
licensure
compact.
32
c.
Any
party
state
may
withdraw
from
this
compact
by
33
enacting
a
statute
repealing
the
same.
A
party
state’s
34
withdrawal
shall
not
take
effect
until
six
months
after
35
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enactment
of
the
repealing
statute.
1
d.
A
party
state’s
withdrawal
or
termination
shall
not
2
affect
the
continuing
requirement
of
the
withdrawing
or
3
terminated
state’s
licensing
board
to
report
adverse
actions
4
and
significant
investigations
occurring
prior
to
the
effective
5
date
of
such
withdrawal
or
termination.
6
e.
Nothing
contained
in
this
compact
shall
be
construed
to
7
invalidate
or
prevent
any
nurse
licensure
agreement
or
other
8
cooperative
arrangement
between
a
party
state
and
a
nonparty
9
state
that
is
made
in
accordance
with
the
other
provisions
of
10
this
compact.
11
f.
This
compact
may
be
amended
by
the
party
states.
No
12
amendment
to
this
compact
shall
become
effective
and
binding
13
upon
the
party
states
unless
and
until
it
is
enacted
into
the
14
laws
of
all
party
states.
15
g.
Representatives
of
nonparty
states
to
this
compact
shall
16
be
invited
to
participate
in
the
activities
of
the
commission,
17
on
a
nonvoting
basis,
prior
to
the
adoption
of
this
compact
by
18
all
states.
19
11.
Article
XI
——
Construction
and
severability.
20
This
compact
shall
be
liberally
construed
so
as
to
21
effectuate
the
purposes
thereof.
The
provisions
of
this
22
compact
shall
be
severable,
and
if
any
phrase,
clause,
23
sentence,
or
provision
of
this
compact
is
declared
to
24
be
contrary
to
the
constitution
of
any
party
state
or
of
25
the
United
States,
or
if
the
applicability
thereof
to
any
26
government,
agency,
person,
or
circumstance
is
held
invalid,
27
the
validity
of
the
remainder
of
this
compact
and
the
28
applicability
thereof
to
any
government,
agency,
person,
or
29
circumstance
shall
not
be
affected
thereby.
If
this
compact
30
shall
be
held
to
be
contrary
to
the
constitution
of
any
party
31
state,
this
compact
shall
remain
in
full
force
and
effect
as
to
32
the
remaining
party
states
and
in
full
force
and
effect
as
to
33
the
party
state
affected
as
to
all
severable
matters.
34
Sec.
2.
Section
152E.2,
Code
2017,
is
amended
to
read
as
35
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follows:
1
152E.2
Compact
administrator.
2
The
executive
director
of
the
board
of
nursing,
as
provided
3
for
in
section
152.2
,
shall
serve
as
the
compact
administrator
4
identified
in
article
VIII
VII
,
paragraph
“a”
“b”
,
of
the
5
nurse
licensure
compact
contained
in
section
152E.1
and
as
the
6
compact
administrator
identified
in
article
VIII,
paragraph
7
“a”
,
of
the
advanced
practice
registered
nurse
compact
8
contained
in
section
152E.3
.
9
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
upon
the
10
earlier
of
the
date
of
adoption
of
the
revised
nurse
licensure
11
compact
contained
in
this
Act
by
no
less
than
twenty-six
states
12
or
December
31,
2018.
The
executive
director
of
the
board
13
of
nursing
shall
notify
the
Code
editor
upon
adoption
of
the
14
compact
by
the
requisite
number
of
states.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
adopts
a
revised
version
of
the
nurse
licensure
19
compact
in
Code
chapter
152E.
The
new
compact
creates
an
20
interstate
commission
of
nurse
licensure
compact
administrators
21
that
will
have
the
power
to
adopt
rules
binding
on
its
members,
22
or
“party
states”,
bring
legal
action
in
its
own
name,
purchase
23
insurance
and
bonds,
hire
and
compensate
employees,
and
rent
or
24
purchase
property.
25
The
commission
may
also
levy
on
and
collect
an
annual
26
assessment
from
this
state
and
all
other
party
states
to
cover
27
the
cost
of
its
operations,
activities,
and
staff
in
its
annual
28
budget
as
approved
each
year.
The
aggregate
annual
assessment
29
amount,
if
any,
shall
be
allocated
based
upon
a
formula
to
be
30
determined
by
the
commission,
which
shall
adopt
a
rule
that
31
is
binding
upon
all
party
states.
In
this
state,
the
compact
32
administrator
shall
be
the
executive
director
of
the
board
of
33
nursing.
34
The
bill
becomes
effective
upon
its
adoption
by
no
less
than
35
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26
states
or
on
December
31,
2018,
whichever
is
earlier.
1
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