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Senate File 419 - ReprintedA Bill ForAn Act 1relating to the nurse licensure compact, including
2provisions for assessments against party states, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 152E.1, Code 2017, is amended by striking
2the section and inserting in lieu thereof the following:
3152E.1 Form of compact.
41. Article I — Findings and declaration of purpose.
5a. The party states find that:
6(1) The health and safety of the public are affected by the
7degree of compliance with and the effectiveness of enforcement
8activities related to state nurse licensure laws.
9(2) Violations of nurse licensure and other laws regulating
10the practice of nursing may result in injury or harm to the
11public.
12(3) The expanded mobility of nurses and the use of advanced
13communication technologies as part of our nation’s health care
14delivery system require greater coordination and cooperation
15among states in the areas of nurse licensure and regulation.
16(4) New practice modalities and technology make compliance
17with individual state nurse licensure laws difficult and
18complex.
19(5) The current system of duplicative licensure for nurses
20practicing in multiple states is cumbersome and redundant for
21both nurses and states.
22(6) Uniformity of nurse licensure requirements throughout
23the states promotes public safety and public health benefits.
24b. The general purposes of this compact are to:
25(1) Facilitate the states’ responsibility to protect the
26public’s health and safety.
27(2) Ensure and encourage the cooperation of party states in
28the areas of nurse licensure and regulation.
29(3) Facilitate the exchange of information between party
30states in the areas of nurse regulation, investigation, and
31adverse actions.
32(4) Promote compliance with the laws governing the practice
33of nursing in each jurisdiction.
34(5) Invest all party states with the authority to hold
35a nurse accountable for meeting all state practice laws in
-1-1the state in which the patient is located at the time care
2is rendered through the mutual recognition of party state
3licenses.
4(6) Decrease redundancies in the consideration and issuance
5of nurse licenses.
6(7) Provide opportunities for interstate practice by nurses
7who meet uniform licensure requirements.
82. Article II — Definitions. As used in this compact:
9a. “Adverse action” means any administrative, civil,
10equitable, or criminal action permitted by a state’s laws which
11is imposed by a licensing board or other authority against a
12nurse, including actions against an individual’s license or
13multistate licensure privilege such as revocation, suspension,
14probation, monitoring of the licensee, limitation on the
15licensee’s practice, or any other encumbrance on licensure
16affecting a nurse’s authorization to practice, including
17issuance of a cease and desist action.
18b. “Alternative program” means a nondisciplinary monitoring
19program approved by a licensing board.
20c. “Coordinated licensure information system” means an
21integrated process for collecting, storing, and sharing
22information on nurse licensure and enforcement activities
23related to nurse licensure laws that is administered by a
24nonprofit organization composed of and controlled by licensing
25boards.
26d. “Current significant investigative information” means
27either of the following:
28(1) Investigative information that a licensing board,
29after a preliminary inquiry that includes notification and an
30opportunity for the nurse to respond, if required by state law,
31has reason to believe is not groundless and, if proved true,
32would indicate more than a minor infraction.
33(2) Investigative information that indicates that the nurse
34represents an immediate threat to public health and safety
35regardless of whether the nurse has been notified and had an
-2-1opportunity to respond.
2e. “Encumbrance” means a revocation or suspension of, or any
3limitation on, the full and unrestricted practice of nursing
4imposed by a licensing board.
5f. “Home state” means the party state which is the nurse’s
6primary state of residence.
7g. “Licensing board” means a party state’s regulatory body
8responsible for issuing nurse licenses.
9h. “Multistate license” means a license to practice as a
10registered or a licensed practical or vocational nurse issued
11by a home state licensing board that authorizes the licensed
12nurse to practice in all party states under a multistate
13licensure privilege.
14i. “Multistate licensure privilege” means a legal
15authorization associated with a multistate license permitting
16the practice of nursing as either a registered nurse or a
17licensed practical or vocational nurse in a remote state.
18j. “Nurse” means a registered nurse or licensed practical
19or vocational nurse, as those terms are defined by each party
20state’s practice laws.
21k. “Party state” means any state that has adopted this
22compact.
23l. “Remote state” means a party state other than the home
24state.
25m. “Single-state license” means a nurse license issued by a
26party state that authorizes practice only within the issuing
27state and does not include a multistate licensure privilege to
28practice in any other party state.
29n. “State” means a state, territory, or possession of the
30United States and the District of Columbia.
31o. “State practice laws” means a party state’s laws,
32rules, and regulations that govern the practice of nursing,
33define the scope of nursing practice, and create the methods
34and grounds for imposing discipline. “State practice laws”
35does not include the initial qualifications for licensure or
-3-1requirements necessary to obtain and retain a license, except
2for qualifications or requirements of the home state.
33. Article III — General provisions and jurisdiction.
4a. A multistate license to practice registered or licensed
5practical or vocational nursing issued by a home state to a
6resident in that state will be recognized by each party state
7as authorizing a nurse to practice as a registered nurse or as
8a licensed practical or vocational nurse, under a multistate
9licensure privilege, in each party state.
10b. A state must implement procedures for considering the
11criminal history records of applicants for initial multistate
12license or licensure by endorsement. Such procedures shall
13include the submission of fingerprints or other biometric-based
14information by applicants for the purpose of obtaining an
15applicant’s criminal history record information from the
16federal bureau of investigation and the agency responsible for
17retaining that state’s criminal records.
18c. Each party state shall require all of the following for
19an applicant to obtain or retain a multistate license in the
20home state:
21(1) Meets the home state’s qualifications for licensure or
22renewal of licensure, as well as all other applicable state
23laws.
24(2) Either of the following:
25(a) Has graduated or is eligible to graduate from a
26licensing board-approved registered nurse or licensed practical
27or vocational nurse prelicensure education program.
28(b) Has graduated from a foreign registered nurse or
29licensed practical or vocational nurse prelicensure program
30that meets both of the following requirements:
31(i) Has been approved by the authorized accrediting body in
32the applicable country.
33(ii) Has been verified by an independent credentials
34review agency to be comparable to a licensing board-approved
35prelicensure education program.
-4- 1(3) Has, if a graduate of a foreign prelicensure education
2program not taught in English or if English is not the
3individual’s native language, successfully passed an English
4proficiency examination that includes the components of
5reading, speaking, writing, and listening.
6(4) Has successfully passed a national council licensure
7examination — registered nurse or national council licensure
8examination — practical nurse examination or recognized
9predecessor, as applicable.
10(5) Is eligible for or holds an active, unencumbered
11license.
12(6) Has submitted in connection with an application for
13initial licensure or licensure by endorsement, fingerprints
14or other biometric data for the purpose of obtaining criminal
15history record information from the federal bureau of
16investigation and the agency responsible for retaining that
17state’s criminal records.
18(7) Has not been convicted or found guilty, or has
19entered into an agreed disposition, of a felony offense under
20applicable state or federal criminal law.
21(8) Has not been convicted or found guilty, or has entered
22into an agreed disposition, of a misdemeanor offense related to
23the practice of nursing as determined on a case-by-case basis.
24(9) Is not currently enrolled in an alternative program.
25(10) Is subject to self-disclosure requirements regarding
26current participation in an alternative program.
27(11) Has a valid United States social security number.
28d. All party states shall be authorized, in accordance
29with existing state due process law, to take adverse action
30against a nurse’s multistate licensure privilege such as
31revocation, suspension, probation, or any other action that
32affects a nurse’s authorization to practice under a multistate
33licensure privilege, including cease and desist actions. If
34a party state takes such action, it shall promptly notify the
35administrator of the coordinated licensure information system.
-5-1The administrator of the coordinated licensure information
2system shall promptly notify the home state of any such actions
3by remote states.
4e. A nurse practicing in a party state must comply with the
5state practice laws of the state in which the client is located
6at the time service is provided. The practice of nursing is
7not limited to patient care, but shall include all nursing
8practice as defined by the state practice laws of the party
9state in which the client is located. The practice of nursing
10in a party state under a multistate licensure privilege will
11subject a nurse to the jurisdiction of the licensing board, the
12courts, and the laws of the party state in which the client is
13located at the time service is provided.
14f. Individuals not residing in a party state shall continue
15to be able to apply for a party state’s single-state license
16as provided under the laws of each party state. However, the
17single-state license granted to these individuals will not be
18recognized as granting the privilege to practice nursing in any
19other party state. Nothing in this compact shall affect the
20requirements established by a party state for the issuance of
21a single-state license.
22g. Any nurse holding a home state multistate license on
23the effective date of this compact may retain and renew the
24multistate license issued by the nurse’s then-current home
25state, provided that:
26(1) A nurse who changes primary state of residence after
27this compact’s effective date must meet all applicable
28requirements in article III, paragraph “c”, to obtain a
29multistate license from a new home state.
30(2) A nurse who fails to satisfy the multistate licensure
31requirements in article III, paragraph “c”, due to a
32disqualifying event occurring after this compact’s effective
33date shall be ineligible to retain or renew a multistate
34license, and the nurse’s multistate license shall be revoked or
35deactivated in accordance with applicable rules adopted by the
-6-1commission.
24. Article IV — Applications for licensure in a party state.
3a. Upon application for a multistate license, the licensing
4board in the issuing party state shall ascertain, through the
5coordinated licensure information system, whether the applicant
6has ever held, or is the holder of, a license issued by any
7other state, whether there are any encumbrances on any license
8or multistate licensure privilege held by the applicant,
9whether any adverse action has been taken against any license
10or multistate licensure privilege held by the applicant
11and whether the applicant is currently participating in an
12alternative program.
13b. A nurse may hold a multistate license, issued by the home
14state, in only one party state at a time.
15c. If a nurse changes primary state of residence by moving
16between two party states, the nurse must apply for licensure
17in the new home state, and the multistate license issued by
18the prior home state will be deactivated in accordance with
19applicable rules adopted by the commission.
20(1) The nurse may apply for licensure in advance of a change
21in the primary state of residence.
22(2) A multistate license shall not be issued by the new
23home state until the nurse provides satisfactory evidence of a
24change in primary state of residence to the new home state and
25satisfies all applicable requirements to obtain a multistate
26license from the new home state.
27d. If a nurse changes primary state of residence by moving
28from a party state to a nonparty state, the multistate license
29issued by the prior home state will convert to a single-state
30license, valid only in the former home state.
315. Article V — Additional authorities invested in party
32state licensing boards.
33a. In addition to the other powers conferred by state law,
34a licensing board shall have the authority to do all of the
35following:
-7- 1(1) Take adverse action against a nurse’s multistate
2licensure privilege to practice within that party state.
3(a) Only the home state shall have the power to take adverse
4action against a nurse’s license issued by the home state.
5(b) For purposes of taking adverse action, the home state
6licensing board shall give the same priority and effect to
7reported conduct received from a remote state as it would if
8such conduct had occurred within the home state. In so doing,
9the home state shall apply its own state laws to determine
10appropriate action.
11(2) Issue cease and desist orders or impose an encumbrance
12on a nurse’s authority to practice within that party state.
13(3) Complete any pending investigations of a nurse who
14changes primary state of residence during the course of such
15investigations. The licensing board shall also have the
16authority to take appropriate action and shall promptly report
17the conclusions of such investigations to the administrator
18of the coordinated licensure information system. The
19administrator of the coordinated licensure information system
20shall promptly notify the new home state of any such actions.
21(4) Issue subpoenas for both hearings and investigations
22that require the attendance and testimony of witnesses, as well
23as the production of evidence. Subpoenas issued by a licensing
24board in a party state for the attendance and testimony of
25witnesses or the production of evidence from another party
26state shall be enforced in the latter state by any court of
27competent jurisdiction, according to the practice and procedure
28of that court applicable to subpoenas issued in proceedings
29pending before it. The issuing authority shall pay any witness
30fees, travel expenses, mileage, and other fees required by
31the service statutes of the state in which the witnesses or
32evidence are located.
33(5) Obtain and submit, for each nurse licensure applicant,
34fingerprint or other biometric-based information to the federal
35bureau of investigation for criminal background checks, receive
-8-1the results of the federal bureau of investigation record
2search on criminal background checks, and use the results in
3making licensure decisions.
4(6) If otherwise permitted by state law, recover from the
5affected nurse the costs of investigations and disposition of
6cases resulting from any adverse action taken against that
7nurse.
8(7) Take adverse action based on the factual findings of the
9remote state, provided that the licensing board follows its own
10procedures for taking such adverse action.
11b. If adverse action is taken by the home state against a
12nurse’s multistate license, the nurse’s multistate licensure
13privilege to practice in all other party states shall be
14deactivated until all encumbrances have been removed from the
15multistate license. All home state disciplinary orders that
16impose adverse action against a nurse’s multistate license
17shall include a statement that the nurse’s multistate licensure
18privilege is deactivated in all party states during the
19pendency of the order.
20c. Nothing in this compact shall override a party state’s
21decision that participation in an alternative program may be
22used in lieu of adverse action. The home state licensing board
23shall deactivate the multistate licensure privilege under the
24multistate license of any nurse for the duration of the nurse’s
25participation in an alternative program.
266. Article VI — Coordinated licensure information system and
27exchange of information.
28a. All party states shall participate in a coordinated
29licensure information system of all licensed registered nurses
30and licensed practical or vocational nurses. This system will
31include information on the licensure and disciplinary history
32of each nurse, as submitted by party states, to assist in the
33coordination of nurse licensure and enforcement efforts.
34b. The commission, in consultation with the administrator of
35the coordinated licensure information system, shall formulate
-9-1necessary and proper procedures for the identification,
2collection, and exchange of information under this compact.
3c. All licensing boards shall promptly report to the
4coordinated licensure information system any adverse action,
5any current significant investigative information, denials
6of applications with the reasons for such denials and nurse
7participation in alternative programs known to the licensing
8board regardless of whether such participation is deemed
9nonpublic or confidential under state law.
10d. Current significant investigative information and
11participation in nonpublic or confidential alternative
12programs shall be transmitted through the coordinated licensure
13information system only to party state licensing boards.
14e. Notwithstanding any other provision of law, all
15party state licensing boards contributing information to
16the coordinated licensure information system may designate
17information that may not be shared with nonparty states or
18disclosed to other entities or individuals without the express
19permission of the contributing state.
20f. Any personally identifiable information obtained from
21the coordinated licensure information system by a party state
22licensing board shall not be shared with nonparty states or
23disclosed to other entities or individuals except to the extent
24permitted by the laws of the party state contributing the
25information.
26g. Any information contributed to the coordinated licensure
27information system that is subsequently required to be expunged
28by the laws of the party state contributing that information
29shall also be expunged from the coordinated licensure
30information system.
31h. The compact administrator of each party state shall
32furnish a uniform data set to the compact administrator of each
33other party state, which shall include but not be limited to
34the following:
35(1) Identifying information.
-10- 1(2) Licensure data.
2(3) Information related to alternative program
3participation.
4(4) Other information that may facilitate the
5administration of this compact, as determined by commission
6rules.
7i. The compact administrator of a party state shall provide
8all investigative documents and information requested by
9another party state.
107. Article VII — Establishment of the interstate commission
11of nurse licensure compact administrators.
12a. The party states hereby create and establish a joint
13public entity known as the interstate commission of nurse
14licensure compact administrators.
15(1) The commission is an instrumentality of the party
16states.
17(2) Venue is proper, and judicial proceedings by or against
18the commission shall be brought solely and exclusively, in a
19court of competent jurisdiction where the principal office of
20the commission is located. The commission may waive venue and
21jurisdictional defenses to the extent it adopts or consents to
22participate in alternative dispute resolution proceedings.
23(3) Nothing in this compact shall be construed to be a
24waiver of sovereign immunity.
25b. Membership, voting, and meetings.
26(1) Each party state shall have and be limited to one
27administrator. The head of the state licensing board or
28designee shall be the administrator of this compact for each
29party state. Any administrator may be removed or suspended
30from office as provided by the law of the state from which
31the administrator is appointed. Any vacancy occurring in the
32commission shall be filled in accordance with the laws of the
33party state in which the vacancy exists.
34(2) Each administrator shall be entitled to one vote with
35regard to the promulgation of rules and creation of bylaws
-11-1and shall otherwise have an opportunity to participate in the
2business and affairs of the commission. An administrator
3shall vote in person or by such other means as provided in
4the bylaws. The bylaws may provide for an administrator’s
5participation in meetings by telephone or other means of
6communication.
7(3) The commission shall meet at least once during each
8calendar year. Additional meetings shall be held as set forth
9in the bylaws or rules of the commission.
10(4) All meetings shall be open to the public, and public
11notice of meetings shall be given in the same manner as
12required under the rulemaking provisions in article VIII.
13(5) The commission may convene in a closed, nonpublic
14meeting if the commission must discuss any of the following:
15(a) Noncompliance of a party state with its obligations
16under this compact.
17(b) The employment, compensation, discipline, or other
18personnel matters, practices, or procedures related to specific
19employees or other matters related to the commission’s internal
20personnel practices and procedures.
21(c) Current, threatened, or reasonably anticipated
22litigation.
23(d) Negotiation of contracts for the purchase or sale of
24goods, services, or real estate.
25(e) Accusing any person of a crime or formally censuring any
26person.
27(f) Disclosure of trade secrets or commercial or financial
28information that is privileged or confidential.
29(g) Disclosure of information of a personal nature where
30disclosure would constitute a clearly unwarranted invasion of
31personal privacy.
32(h) Disclosure of investigatory records compiled for law
33enforcement purposes.
34(i) Disclosure of information related to any reports
35prepared by or on behalf of the commission for the purpose of
-12-1investigation of compliance with this compact.
2(j) Matters specifically exempted from disclosure by
3federal or state statute.
4(6) If a meeting, or portion of a meeting, is closed
5pursuant to this provision, the commission’s legal counsel or
6designee shall certify that the meeting may be closed and shall
7reference each relevant exempting provision. The commission
8shall keep minutes that fully and clearly describe all matters
9discussed in a meeting and shall provide a full and accurate
10summary of actions taken, and the reasons therefor, including a
11description of the views expressed. All documents considered
12in connection with an action shall be identified in such
13minutes. All minutes and documents of a closed meeting shall
14remain under seal, subject to release by a majority vote of the
15commission or order of a court of competent jurisdiction.
16c. The commission shall, by a majority vote of the
17administrators, prescribe bylaws or rules to govern its conduct
18as may be necessary or appropriate to carry out the purposes
19and exercise the powers of this compact, including but not
20limited to any of the following:
21(1) Establishing the fiscal year of the commission.
22(2) Providing reasonable standards and procedures for both
23of the following:
24(a) The establishment and meetings of other committees.
25(b) Governing any general or specific delegation of any
26authority or function of the commission.
27(3) Providing reasonable procedures for calling and
28conducting meetings of the commission, ensuring reasonable
29advance notice of all meetings, and providing an opportunity
30for attendance of such meetings by interested parties,
31with enumerated exceptions designed to protect the public’s
32interest, the privacy of individuals, and proprietary
33information, including trade secrets. The commission may meet
34in closed session only after a majority of the administrators
35vote to close a meeting in whole or in part. As soon as
-13-1practicable, the commission must make public a copy of the vote
2to close the meeting revealing the vote of each administrator,
3with no proxy votes allowed.
4(4) Establishing the titles, duties, and authority and
5reasonable procedures for the election of the officers of the
6commission.
7(5) Providing reasonable standards and procedures for the
8establishment of the personnel policies and programs of the
9commission. Notwithstanding any civil service or other similar
10laws of any party state, the bylaws shall exclusively govern
11the personnel policies and programs of the commission.
12(6) Providing a mechanism for winding up the operations
13of the commission and the equitable disposition of any
14surplus funds that may exist after the termination of this
15compact after the payment or reserving of all of its debts and
16obligations.
17d. The commission shall publish its bylaws and rules, and
18any amendments thereto, in a convenient form on the internet
19site of the commission.
20e. The commission shall maintain its financial records in
21accordance with the bylaws.
22f. The commission shall meet and take such actions as are
23consistent with the provisions of this compact and the bylaws.
24g. The commission shall have the following powers:
25(1) To promulgate uniform rules to facilitate and
26coordinate implementation and administration of this compact.
27The rules shall have the force and effect of law and shall be
28binding in all party states.
29(2) To bring and prosecute legal proceedings or actions in
30the name of the commission, provided that the standing of any
31licensing board to sue or be sued under applicable law shall
32not be affected.
33(3) To purchase and maintain insurance and bonds.
34(4) To borrow, accept, or contract for services of
35personnel, including but not limited to employees of a party
-14-1state or nonprofit organizations.
2(5) To cooperate with other organizations that administer
3state compacts related to the regulation of nursing, including
4but not limited to sharing administrative or staff expenses,
5office space or other resources.
6(6) To hire employees, elect or appoint officers, fix
7compensation, define duties, grant such individuals appropriate
8authority to carry out the purposes of this compact, and to
9establish the commission’s personnel policies and programs
10relating to conflicts of interest, qualifications of personnel,
11and other related personnel matters.
12(7) To accept any and all appropriate donations, grants and
13gifts of money, equipment, supplies, materials, and services,
14and to receive, utilize, and dispose of the same; provided
15that at all times the commission shall avoid any appearance of
16impropriety or conflict of interest.
17(8) To lease, purchase, accept appropriate gifts or
18donations of, or otherwise to own, hold, improve, or use, any
19property, whether real, personal, or mixed; provided that
20at all times the commission shall avoid any appearance of
21impropriety.
22(9) To sell, convey, mortgage, pledge, lease, exchange,
23abandon, or otherwise dispose of any property, whether real,
24personal, or mixed.
25(10) To establish a budget and make expenditures.
26(11) To borrow money.
27(12) To appoint committees, including advisory committees
28comprised of administrators, state nursing regulators,
29state legislators or their representatives, and consumer
30representatives, and other such interested persons.
31(13) To provide and receive information from, and to
32cooperate with, law enforcement agencies.
33(14) To adopt and use an official seal.
34(15) To perform such other functions as may be necessary or
35appropriate to achieve the purposes of this compact consistent
-15-1with the state regulation of nurse licensure and practice.
2h. Financing of the commission.
3(1) The commission shall pay, or provide for the payment of,
4the reasonable expenses of its establishment, organization, and
5ongoing activities.
6(2) The commission may also levy on and collect an annual
7assessment from each party state to cover the cost of its
8operations, activities, and staff in its annual budget as
9approved each year. The aggregate annual assessment amount, if
10any, shall be allocated based upon a formula to be determined
11by the commission, which shall promulgate a rule that is
12binding upon all party states.
13(3) The commission shall not incur obligations of any kind
14prior to securing the funds adequate to meet the same; nor
15shall the commission pledge the credit of any of the party
16states, except by, and with the authority of, such party state.
17(4) The commission shall keep accurate accounts of all
18receipts and disbursements. The receipts and disbursements of
19the commission shall be subject to the audit and accounting
20procedures established under its bylaws. However, all receipts
21and disbursements of funds handled by the commission shall be
22audited yearly by a certified public accountant, and the report
23of the audit shall be included in and become part of the annual
24report of the commission.
25i. Qualified immunity, defense, and indemnification.
26(1) The administrators, officers, executive director,
27employees, and representatives of the commission shall be
28immune from suit and liability, either personally or in their
29official capacity, for any claim for damage to or loss of
30property or personal injury or other civil liability caused by
31or arising out of any actual or alleged act, error, or omission
32that occurred, or that the person against whom the claim is
33made had a reasonable basis for believing occurred, within the
34scope of commission employment, duties, or responsibilities;
35provided that nothing in this paragraph “i” shall be construed
-16-1to protect any such person from suit or liability for any
2damage, loss, injury, or liability caused by the intentional,
3willful, or wanton misconduct of that person.
4(2) The commission shall defend any administrator,
5officer, executive director, employee, or representative of
6the commission in any civil action seeking to impose liability
7arising out of any actual or alleged act, error, or omission
8that occurred within the scope of commission employment,
9duties, or responsibilities, or that the person against
10whom the claim is made had a reasonable basis for believing
11occurred within the scope of commission employment, duties,
12or responsibilities; provided that nothing herein shall be
13construed to prohibit that person from retaining the person’s
14own counsel; and provided further that the actual or alleged
15act, error, or omission did not result from that person’s
16intentional, willful, or wanton misconduct.
17(3) The commission shall indemnify and hold harmless
18any administrator, officer, executive director, employee,
19or representative of the commission for the amount of any
20settlement or judgment obtained against that person arising
21out of any actual or alleged act, error, or omission that
22occurred within the scope of commission employment, duties,
23or responsibilities, or that such person had a reasonable
24basis for believing occurred within the scope of commission
25employment, duties, or responsibilities, provided that the
26actual or alleged act, error, or omission did not result from
27the intentional, willful, or wanton misconduct of that person.
288. Article VIII — Rulemaking.
29a. The commission shall exercise its rulemaking powers
30pursuant to the criteria set forth in this article and the
31rules adopted thereunder. Rules and amendments shall become
32binding as of the date specified in each rule or amendment and
33shall have the same force and effect as provisions of this
34compact.
35b. Rules or amendments to the rules shall be adopted at a
-17-1regular or special meeting of the commission.
2c. Prior to promulgation and adoption of a final rule or
3rules by the commission, and at least sixty days in advance
4of the meeting at which the rule will be considered and voted
5upon, the commission shall file a notice of proposed rulemaking
6on the internet site of the commission and on the internet site
7of each licensing board or the publication in which each state
8would otherwise publish proposed rules.
9d. The notice of proposed rulemaking shall include all of
10the following:
11(1) The proposed time, date, and location of the meeting in
12which the rule will be considered and voted upon.
13(2) The text of the proposed rule or amendment, and the
14reason for the proposed rule.
15(3) A request for comments on the proposed rule from any
16interested person.
17(4) The manner in which interested persons may submit notice
18to the commission of their intention to attend the public
19hearing and any written comments.
20e. Prior to adoption of a proposed rule, the commission
21shall allow persons to submit written data, facts, opinions,
22and arguments, which shall be made available to the public.
23f. The commission shall grant an opportunity for a public
24hearing before it adopts a rule or amendment.
25g. The commission shall publish the place, time, and date of
26the scheduled public hearing.
27(1) Hearings shall be conducted in a manner providing each
28person who wishes to comment a fair and reasonable opportunity
29to comment orally or in writing. All hearings will be
30recorded, and a copy will be made available upon request.
31(2) Nothing in this article shall be construed as requiring
32a separate hearing on each rule. Rules may be grouped for the
33convenience of the commission at hearings required by this
34article.
35h. If no one appears at the public hearing, the commission
-18-1may proceed with promulgation of the proposed rule.
2i. Following the scheduled hearing date, or by the close
3of business on the scheduled hearing date if the hearing was
4not held, the commission shall consider all written and oral
5comments received.
6j. The commission shall, by majority vote of all
7administrators, take final action on the proposed rule and
8shall determine the effective date of the rule, if any, based
9on the rulemaking record and the full text of the rule.
10k. Upon determination that an emergency exists, the
11commission may consider and adopt an emergency rule without
12prior notice, opportunity for comment or hearing, provided that
13the usual rulemaking procedures provided in this compact and
14in this article shall be retroactively applied to the rule as
15soon as reasonably possible, in no event later than ninety days
16after the effective date of the rule. For the purposes of
17this provision, an emergency rule is one that must be adopted
18immediately in order to do any of the following:
19(1) Meet an imminent threat to public health, safety, or
20welfare.
21(2) Prevent a loss of commission or party state funds.
22(3) Meet a deadline for the promulgation of an
23administrative rule that is required by federal law or rule.
24l. The commission may direct revisions to a previously
25adopted rule or amendment for purposes of correcting
26typographical errors, errors in format, errors in consistency,
27or grammatical errors. Public notice of any revisions shall be
28posted on the internet site of the commission. The revision
29shall be subject to challenge by any person for a period of
30thirty days after posting. The revision may be challenged only
31on grounds that the revision results in a material change to
32a rule. A challenge shall be made in writing, and delivered
33to the commission, prior to the end of the notice period. If
34no challenge is made, the revision will take effect without
35further action. If the revision is challenged, the revision
-19-1may not take effect without the approval of the commission.
29. Article IX — Oversight, dispute resolution, and
3enforcement.
4a. Oversight.
5(1) Each party state shall enforce this compact and take all
6actions necessary and appropriate to effectuate this compact’s
7purposes and intent.
8(2) The commission shall be entitled to receive service
9of process in any proceeding that may affect the powers,
10responsibilities, or actions of the commission, and shall have
11standing to intervene in such a proceeding for all purposes.
12Failure to provide service of process in such proceeding to
13the commission shall render a judgment or order void as to the
14commission, this compact, or promulgated rules.
15b. Default, technical assistance, and termination.
16(1) If the commission determines that a party state
17has defaulted in the performance of its obligations or
18responsibilities under this compact or the promulgated rules,
19the commission shall do both of the following:
20(a) Provide written notice to the defaulting state and other
21party states of the nature of the default, the proposed means
22of curing the default, or any other action to be taken by the
23commission.
24(b) Provide remedial training and specific technical
25assistance regarding the default.
26(2) If a state in default fails to cure the default, the
27defaulting state’s membership in this compact may be terminated
28upon an affirmative vote of a majority of the administrators,
29and all rights, privileges, and benefits conferred by this
30compact may be terminated on the effective date of termination.
31A cure of the default does not relieve the offending state
32of obligations or liabilities incurred during the period of
33default.
34(3) Termination of membership in this compact shall be
35imposed only after all other means of securing compliance have
-20-1been exhausted. Notice of intent to suspend or terminate shall
2be given by the commission to the governor of the defaulting
3state and to the executive officer of the defaulting state’s
4licensing board and each of the party states.
5(4) A state whose membership in this compact has been
6terminated is responsible for all assessments, obligations, and
7liabilities incurred through the effective date of termination,
8including obligations that extend beyond the effective date of
9termination.
10(5) The commission shall not bear any costs related to a
11state that is found to be in default or whose membership in
12this compact has been terminated unless agreed upon in writing
13between the commission and the defaulting state.
14(6) The defaulting state may appeal the action of the
15commission by petitioning the United States district court
16for the District of Columbia or the federal district in which
17the commission has its principal offices. The prevailing
18party shall be awarded all costs of such litigation, including
19reasonable attorneys’ fees.
20c. Dispute resolution.
21(1) Upon request by a party state, the commission shall
22attempt to resolve disputes related to the compact that arise
23among party states and between party and nonparty states.
24(2) The commission shall promulgate a rule providing for
25both mediation and binding dispute resolution for disputes, as
26appropriate.
27(3) In the event the commission cannot resolve disputes
28among party states arising under this compact:
29(a) The party states may submit the issues in dispute to
30an arbitration panel, which will be comprised of individuals
31appointed by the compact administrator in each of the affected
32party states and an individual mutually agreed upon by the
33compact administrators of all the party states involved in the
34dispute.
35(b) The decision of a majority of the arbitrators shall be
-21-1final and binding.
2d. Enforcement.
3(1) The commission, in the reasonable exercise of its
4discretion, shall enforce the provisions and rules of this
5compact.
6(2) By majority vote, the commission may initiate legal
7action in the United States district court for the District of
8Columbia or the federal district in which the commission has
9its principal offices against a party state that is in default
10to enforce compliance with the provisions of this compact
11and its promulgated rules and bylaws. The relief sought may
12include both injunctive relief and damages. In the event
13judicial enforcement is necessary, the prevailing party shall
14be awarded all costs of such litigation, including reasonable
15attorneys’ fees.
16(3) The remedies herein shall not be the exclusive remedies
17of the commission. The commission may pursue any other
18remedies available under federal or state law.
1910. Article X — Effective date, withdrawal, and amendment.
20a. This compact shall become effective and binding on the
21earlier of the date of legislative enactment of this compact
22into law by no less than twenty-six states or December 31,
232018. All party states to this compact, that also were parties
24to the prior nurse licensure compact, superseded by this
25compact, shall be deemed to have withdrawn from said prior
26compact within six months after the effective date of this
27compact.
28b. Each party state to this compact shall continue to
29recognize a nurse’s multistate licensure privilege to practice
30in that party state issued under the prior nurse licensure
31compact until such party state has withdrawn from the prior
32nurse licensure compact.
33c. Any party state may withdraw from this compact by
34enacting a statute repealing the same. A party state’s
35withdrawal shall not take effect until six months after
-22-1enactment of the repealing statute.
2d. A party state’s withdrawal or termination shall not
3affect the continuing requirement of the withdrawing or
4terminated state’s licensing board to report adverse actions
5and significant investigations occurring prior to the effective
6date of such withdrawal or termination.
7e. Nothing contained in this compact shall be construed to
8invalidate or prevent any nurse licensure agreement or other
9cooperative arrangement between a party state and a nonparty
10state that is made in accordance with the other provisions of
11this compact.
12f. This compact may be amended by the party states. No
13amendment to this compact shall become effective and binding
14upon the party states unless and until it is enacted into the
15laws of all party states.
16g. Representatives of nonparty states to this compact shall
17be invited to participate in the activities of the commission,
18on a nonvoting basis, prior to the adoption of this compact by
19all states.
2011. Article XI — Construction and severability.
21This compact shall be liberally construed so as to
22effectuate the purposes thereof. The provisions of this
23compact shall be severable, and if any phrase, clause,
24sentence, or provision of this compact is declared to
25be contrary to the constitution of any party state or of
26the United States, or if the applicability thereof to any
27government, agency, person, or circumstance is held invalid,
28the validity of the remainder of this compact and the
29applicability thereof to any government, agency, person, or
30circumstance shall not be affected thereby. If this compact
31shall be held to be contrary to the constitution of any party
32state, this compact shall remain in full force and effect as to
33the remaining party states and in full force and effect as to
34the party state affected as to all severable matters.
35 Sec. 2. Section 152E.2, Code 2017, is amended to read as
-23-1follows:
2152E.2 Compact administrator.
3The executive director of the board of nursing, as provided
4for in section 152.2, shall serve as the compact administrator
5identified in article VIII VII, paragraph “a” “b”, of the
6nurse licensure compact contained in section 152E.1 and as the
7compact administrator identified in article VIII, paragraph
8“a”, of the advanced practice registered nurse compact
9contained in section 152E.3.
10 Sec. 3. EFFECTIVE DATE. This Act takes effect upon the
11earlier of the date of adoption of the revised nurse licensure
12compact contained in this Act by no less than twenty-six states
13or December 31, 2018. The executive director of the board
14of nursing shall notify the Code editor upon adoption of the
15compact by the requisite number of states.
tr/nh/jh
2provisions for assessments against party states, and
3including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 152E.1, Code 2017, is amended by striking
2the section and inserting in lieu thereof the following:
3152E.1 Form of compact.
41. Article I — Findings and declaration of purpose.
5a. The party states find that:
6(1) The health and safety of the public are affected by the
7degree of compliance with and the effectiveness of enforcement
8activities related to state nurse licensure laws.
9(2) Violations of nurse licensure and other laws regulating
10the practice of nursing may result in injury or harm to the
11public.
12(3) The expanded mobility of nurses and the use of advanced
13communication technologies as part of our nation’s health care
14delivery system require greater coordination and cooperation
15among states in the areas of nurse licensure and regulation.
16(4) New practice modalities and technology make compliance
17with individual state nurse licensure laws difficult and
18complex.
19(5) The current system of duplicative licensure for nurses
20practicing in multiple states is cumbersome and redundant for
21both nurses and states.
22(6) Uniformity of nurse licensure requirements throughout
23the states promotes public safety and public health benefits.
24b. The general purposes of this compact are to:
25(1) Facilitate the states’ responsibility to protect the
26public’s health and safety.
27(2) Ensure and encourage the cooperation of party states in
28the areas of nurse licensure and regulation.
29(3) Facilitate the exchange of information between party
30states in the areas of nurse regulation, investigation, and
31adverse actions.
32(4) Promote compliance with the laws governing the practice
33of nursing in each jurisdiction.
34(5) Invest all party states with the authority to hold
35a nurse accountable for meeting all state practice laws in
-1-1the state in which the patient is located at the time care
2is rendered through the mutual recognition of party state
3licenses.
4(6) Decrease redundancies in the consideration and issuance
5of nurse licenses.
6(7) Provide opportunities for interstate practice by nurses
7who meet uniform licensure requirements.
82. Article II — Definitions. As used in this compact:
9a. “Adverse action” means any administrative, civil,
10equitable, or criminal action permitted by a state’s laws which
11is imposed by a licensing board or other authority against a
12nurse, including actions against an individual’s license or
13multistate licensure privilege such as revocation, suspension,
14probation, monitoring of the licensee, limitation on the
15licensee’s practice, or any other encumbrance on licensure
16affecting a nurse’s authorization to practice, including
17issuance of a cease and desist action.
18b. “Alternative program” means a nondisciplinary monitoring
19program approved by a licensing board.
20c. “Coordinated licensure information system” means an
21integrated process for collecting, storing, and sharing
22information on nurse licensure and enforcement activities
23related to nurse licensure laws that is administered by a
24nonprofit organization composed of and controlled by licensing
25boards.
26d. “Current significant investigative information” means
27either of the following:
28(1) Investigative information that a licensing board,
29after a preliminary inquiry that includes notification and an
30opportunity for the nurse to respond, if required by state law,
31has reason to believe is not groundless and, if proved true,
32would indicate more than a minor infraction.
33(2) Investigative information that indicates that the nurse
34represents an immediate threat to public health and safety
35regardless of whether the nurse has been notified and had an
-2-1opportunity to respond.
2e. “Encumbrance” means a revocation or suspension of, or any
3limitation on, the full and unrestricted practice of nursing
4imposed by a licensing board.
5f. “Home state” means the party state which is the nurse’s
6primary state of residence.
7g. “Licensing board” means a party state’s regulatory body
8responsible for issuing nurse licenses.
9h. “Multistate license” means a license to practice as a
10registered or a licensed practical or vocational nurse issued
11by a home state licensing board that authorizes the licensed
12nurse to practice in all party states under a multistate
13licensure privilege.
14i. “Multistate licensure privilege” means a legal
15authorization associated with a multistate license permitting
16the practice of nursing as either a registered nurse or a
17licensed practical or vocational nurse in a remote state.
18j. “Nurse” means a registered nurse or licensed practical
19or vocational nurse, as those terms are defined by each party
20state’s practice laws.
21k. “Party state” means any state that has adopted this
22compact.
23l. “Remote state” means a party state other than the home
24state.
25m. “Single-state license” means a nurse license issued by a
26party state that authorizes practice only within the issuing
27state and does not include a multistate licensure privilege to
28practice in any other party state.
29n. “State” means a state, territory, or possession of the
30United States and the District of Columbia.
31o. “State practice laws” means a party state’s laws,
32rules, and regulations that govern the practice of nursing,
33define the scope of nursing practice, and create the methods
34and grounds for imposing discipline. “State practice laws”
35does not include the initial qualifications for licensure or
-3-1requirements necessary to obtain and retain a license, except
2for qualifications or requirements of the home state.
33. Article III — General provisions and jurisdiction.
4a. A multistate license to practice registered or licensed
5practical or vocational nursing issued by a home state to a
6resident in that state will be recognized by each party state
7as authorizing a nurse to practice as a registered nurse or as
8a licensed practical or vocational nurse, under a multistate
9licensure privilege, in each party state.
10b. A state must implement procedures for considering the
11criminal history records of applicants for initial multistate
12license or licensure by endorsement. Such procedures shall
13include the submission of fingerprints or other biometric-based
14information by applicants for the purpose of obtaining an
15applicant’s criminal history record information from the
16federal bureau of investigation and the agency responsible for
17retaining that state’s criminal records.
18c. Each party state shall require all of the following for
19an applicant to obtain or retain a multistate license in the
20home state:
21(1) Meets the home state’s qualifications for licensure or
22renewal of licensure, as well as all other applicable state
23laws.
24(2) Either of the following:
25(a) Has graduated or is eligible to graduate from a
26licensing board-approved registered nurse or licensed practical
27or vocational nurse prelicensure education program.
28(b) Has graduated from a foreign registered nurse or
29licensed practical or vocational nurse prelicensure program
30that meets both of the following requirements:
31(i) Has been approved by the authorized accrediting body in
32the applicable country.
33(ii) Has been verified by an independent credentials
34review agency to be comparable to a licensing board-approved
35prelicensure education program.
-4- 1(3) Has, if a graduate of a foreign prelicensure education
2program not taught in English or if English is not the
3individual’s native language, successfully passed an English
4proficiency examination that includes the components of
5reading, speaking, writing, and listening.
6(4) Has successfully passed a national council licensure
7examination — registered nurse or national council licensure
8examination — practical nurse examination or recognized
9predecessor, as applicable.
10(5) Is eligible for or holds an active, unencumbered
11license.
12(6) Has submitted in connection with an application for
13initial licensure or licensure by endorsement, fingerprints
14or other biometric data for the purpose of obtaining criminal
15history record information from the federal bureau of
16investigation and the agency responsible for retaining that
17state’s criminal records.
18(7) Has not been convicted or found guilty, or has
19entered into an agreed disposition, of a felony offense under
20applicable state or federal criminal law.
21(8) Has not been convicted or found guilty, or has entered
22into an agreed disposition, of a misdemeanor offense related to
23the practice of nursing as determined on a case-by-case basis.
24(9) Is not currently enrolled in an alternative program.
25(10) Is subject to self-disclosure requirements regarding
26current participation in an alternative program.
27(11) Has a valid United States social security number.
28d. All party states shall be authorized, in accordance
29with existing state due process law, to take adverse action
30against a nurse’s multistate licensure privilege such as
31revocation, suspension, probation, or any other action that
32affects a nurse’s authorization to practice under a multistate
33licensure privilege, including cease and desist actions. If
34a party state takes such action, it shall promptly notify the
35administrator of the coordinated licensure information system.
-5-1The administrator of the coordinated licensure information
2system shall promptly notify the home state of any such actions
3by remote states.
4e. A nurse practicing in a party state must comply with the
5state practice laws of the state in which the client is located
6at the time service is provided. The practice of nursing is
7not limited to patient care, but shall include all nursing
8practice as defined by the state practice laws of the party
9state in which the client is located. The practice of nursing
10in a party state under a multistate licensure privilege will
11subject a nurse to the jurisdiction of the licensing board, the
12courts, and the laws of the party state in which the client is
13located at the time service is provided.
14f. Individuals not residing in a party state shall continue
15to be able to apply for a party state’s single-state license
16as provided under the laws of each party state. However, the
17single-state license granted to these individuals will not be
18recognized as granting the privilege to practice nursing in any
19other party state. Nothing in this compact shall affect the
20requirements established by a party state for the issuance of
21a single-state license.
22g. Any nurse holding a home state multistate license on
23the effective date of this compact may retain and renew the
24multistate license issued by the nurse’s then-current home
25state, provided that:
26(1) A nurse who changes primary state of residence after
27this compact’s effective date must meet all applicable
28requirements in article III, paragraph “c”, to obtain a
29multistate license from a new home state.
30(2) A nurse who fails to satisfy the multistate licensure
31requirements in article III, paragraph “c”, due to a
32disqualifying event occurring after this compact’s effective
33date shall be ineligible to retain or renew a multistate
34license, and the nurse’s multistate license shall be revoked or
35deactivated in accordance with applicable rules adopted by the
-6-1commission.
24. Article IV — Applications for licensure in a party state.
3a. Upon application for a multistate license, the licensing
4board in the issuing party state shall ascertain, through the
5coordinated licensure information system, whether the applicant
6has ever held, or is the holder of, a license issued by any
7other state, whether there are any encumbrances on any license
8or multistate licensure privilege held by the applicant,
9whether any adverse action has been taken against any license
10or multistate licensure privilege held by the applicant
11and whether the applicant is currently participating in an
12alternative program.
13b. A nurse may hold a multistate license, issued by the home
14state, in only one party state at a time.
15c. If a nurse changes primary state of residence by moving
16between two party states, the nurse must apply for licensure
17in the new home state, and the multistate license issued by
18the prior home state will be deactivated in accordance with
19applicable rules adopted by the commission.
20(1) The nurse may apply for licensure in advance of a change
21in the primary state of residence.
22(2) A multistate license shall not be issued by the new
23home state until the nurse provides satisfactory evidence of a
24change in primary state of residence to the new home state and
25satisfies all applicable requirements to obtain a multistate
26license from the new home state.
27d. If a nurse changes primary state of residence by moving
28from a party state to a nonparty state, the multistate license
29issued by the prior home state will convert to a single-state
30license, valid only in the former home state.
315. Article V — Additional authorities invested in party
32state licensing boards.
33a. In addition to the other powers conferred by state law,
34a licensing board shall have the authority to do all of the
35following:
-7- 1(1) Take adverse action against a nurse’s multistate
2licensure privilege to practice within that party state.
3(a) Only the home state shall have the power to take adverse
4action against a nurse’s license issued by the home state.
5(b) For purposes of taking adverse action, the home state
6licensing board shall give the same priority and effect to
7reported conduct received from a remote state as it would if
8such conduct had occurred within the home state. In so doing,
9the home state shall apply its own state laws to determine
10appropriate action.
11(2) Issue cease and desist orders or impose an encumbrance
12on a nurse’s authority to practice within that party state.
13(3) Complete any pending investigations of a nurse who
14changes primary state of residence during the course of such
15investigations. The licensing board shall also have the
16authority to take appropriate action and shall promptly report
17the conclusions of such investigations to the administrator
18of the coordinated licensure information system. The
19administrator of the coordinated licensure information system
20shall promptly notify the new home state of any such actions.
21(4) Issue subpoenas for both hearings and investigations
22that require the attendance and testimony of witnesses, as well
23as the production of evidence. Subpoenas issued by a licensing
24board in a party state for the attendance and testimony of
25witnesses or the production of evidence from another party
26state shall be enforced in the latter state by any court of
27competent jurisdiction, according to the practice and procedure
28of that court applicable to subpoenas issued in proceedings
29pending before it. The issuing authority shall pay any witness
30fees, travel expenses, mileage, and other fees required by
31the service statutes of the state in which the witnesses or
32evidence are located.
33(5) Obtain and submit, for each nurse licensure applicant,
34fingerprint or other biometric-based information to the federal
35bureau of investigation for criminal background checks, receive
-8-1the results of the federal bureau of investigation record
2search on criminal background checks, and use the results in
3making licensure decisions.
4(6) If otherwise permitted by state law, recover from the
5affected nurse the costs of investigations and disposition of
6cases resulting from any adverse action taken against that
7nurse.
8(7) Take adverse action based on the factual findings of the
9remote state, provided that the licensing board follows its own
10procedures for taking such adverse action.
11b. If adverse action is taken by the home state against a
12nurse’s multistate license, the nurse’s multistate licensure
13privilege to practice in all other party states shall be
14deactivated until all encumbrances have been removed from the
15multistate license. All home state disciplinary orders that
16impose adverse action against a nurse’s multistate license
17shall include a statement that the nurse’s multistate licensure
18privilege is deactivated in all party states during the
19pendency of the order.
20c. Nothing in this compact shall override a party state’s
21decision that participation in an alternative program may be
22used in lieu of adverse action. The home state licensing board
23shall deactivate the multistate licensure privilege under the
24multistate license of any nurse for the duration of the nurse’s
25participation in an alternative program.
266. Article VI — Coordinated licensure information system and
27exchange of information.
28a. All party states shall participate in a coordinated
29licensure information system of all licensed registered nurses
30and licensed practical or vocational nurses. This system will
31include information on the licensure and disciplinary history
32of each nurse, as submitted by party states, to assist in the
33coordination of nurse licensure and enforcement efforts.
34b. The commission, in consultation with the administrator of
35the coordinated licensure information system, shall formulate
-9-1necessary and proper procedures for the identification,
2collection, and exchange of information under this compact.
3c. All licensing boards shall promptly report to the
4coordinated licensure information system any adverse action,
5any current significant investigative information, denials
6of applications with the reasons for such denials and nurse
7participation in alternative programs known to the licensing
8board regardless of whether such participation is deemed
9nonpublic or confidential under state law.
10d. Current significant investigative information and
11participation in nonpublic or confidential alternative
12programs shall be transmitted through the coordinated licensure
13information system only to party state licensing boards.
14e. Notwithstanding any other provision of law, all
15party state licensing boards contributing information to
16the coordinated licensure information system may designate
17information that may not be shared with nonparty states or
18disclosed to other entities or individuals without the express
19permission of the contributing state.
20f. Any personally identifiable information obtained from
21the coordinated licensure information system by a party state
22licensing board shall not be shared with nonparty states or
23disclosed to other entities or individuals except to the extent
24permitted by the laws of the party state contributing the
25information.
26g. Any information contributed to the coordinated licensure
27information system that is subsequently required to be expunged
28by the laws of the party state contributing that information
29shall also be expunged from the coordinated licensure
30information system.
31h. The compact administrator of each party state shall
32furnish a uniform data set to the compact administrator of each
33other party state, which shall include but not be limited to
34the following:
35(1) Identifying information.
-10- 1(2) Licensure data.
2(3) Information related to alternative program
3participation.
4(4) Other information that may facilitate the
5administration of this compact, as determined by commission
6rules.
7i. The compact administrator of a party state shall provide
8all investigative documents and information requested by
9another party state.
107. Article VII — Establishment of the interstate commission
11of nurse licensure compact administrators.
12a. The party states hereby create and establish a joint
13public entity known as the interstate commission of nurse
14licensure compact administrators.
15(1) The commission is an instrumentality of the party
16states.
17(2) Venue is proper, and judicial proceedings by or against
18the commission shall be brought solely and exclusively, in a
19court of competent jurisdiction where the principal office of
20the commission is located. The commission may waive venue and
21jurisdictional defenses to the extent it adopts or consents to
22participate in alternative dispute resolution proceedings.
23(3) Nothing in this compact shall be construed to be a
24waiver of sovereign immunity.
25b. Membership, voting, and meetings.
26(1) Each party state shall have and be limited to one
27administrator. The head of the state licensing board or
28designee shall be the administrator of this compact for each
29party state. Any administrator may be removed or suspended
30from office as provided by the law of the state from which
31the administrator is appointed. Any vacancy occurring in the
32commission shall be filled in accordance with the laws of the
33party state in which the vacancy exists.
34(2) Each administrator shall be entitled to one vote with
35regard to the promulgation of rules and creation of bylaws
-11-1and shall otherwise have an opportunity to participate in the
2business and affairs of the commission. An administrator
3shall vote in person or by such other means as provided in
4the bylaws. The bylaws may provide for an administrator’s
5participation in meetings by telephone or other means of
6communication.
7(3) The commission shall meet at least once during each
8calendar year. Additional meetings shall be held as set forth
9in the bylaws or rules of the commission.
10(4) All meetings shall be open to the public, and public
11notice of meetings shall be given in the same manner as
12required under the rulemaking provisions in article VIII.
13(5) The commission may convene in a closed, nonpublic
14meeting if the commission must discuss any of the following:
15(a) Noncompliance of a party state with its obligations
16under this compact.
17(b) The employment, compensation, discipline, or other
18personnel matters, practices, or procedures related to specific
19employees or other matters related to the commission’s internal
20personnel practices and procedures.
21(c) Current, threatened, or reasonably anticipated
22litigation.
23(d) Negotiation of contracts for the purchase or sale of
24goods, services, or real estate.
25(e) Accusing any person of a crime or formally censuring any
26person.
27(f) Disclosure of trade secrets or commercial or financial
28information that is privileged or confidential.
29(g) Disclosure of information of a personal nature where
30disclosure would constitute a clearly unwarranted invasion of
31personal privacy.
32(h) Disclosure of investigatory records compiled for law
33enforcement purposes.
34(i) Disclosure of information related to any reports
35prepared by or on behalf of the commission for the purpose of
-12-1investigation of compliance with this compact.
2(j) Matters specifically exempted from disclosure by
3federal or state statute.
4(6) If a meeting, or portion of a meeting, is closed
5pursuant to this provision, the commission’s legal counsel or
6designee shall certify that the meeting may be closed and shall
7reference each relevant exempting provision. The commission
8shall keep minutes that fully and clearly describe all matters
9discussed in a meeting and shall provide a full and accurate
10summary of actions taken, and the reasons therefor, including a
11description of the views expressed. All documents considered
12in connection with an action shall be identified in such
13minutes. All minutes and documents of a closed meeting shall
14remain under seal, subject to release by a majority vote of the
15commission or order of a court of competent jurisdiction.
16c. The commission shall, by a majority vote of the
17administrators, prescribe bylaws or rules to govern its conduct
18as may be necessary or appropriate to carry out the purposes
19and exercise the powers of this compact, including but not
20limited to any of the following:
21(1) Establishing the fiscal year of the commission.
22(2) Providing reasonable standards and procedures for both
23of the following:
24(a) The establishment and meetings of other committees.
25(b) Governing any general or specific delegation of any
26authority or function of the commission.
27(3) Providing reasonable procedures for calling and
28conducting meetings of the commission, ensuring reasonable
29advance notice of all meetings, and providing an opportunity
30for attendance of such meetings by interested parties,
31with enumerated exceptions designed to protect the public’s
32interest, the privacy of individuals, and proprietary
33information, including trade secrets. The commission may meet
34in closed session only after a majority of the administrators
35vote to close a meeting in whole or in part. As soon as
-13-1practicable, the commission must make public a copy of the vote
2to close the meeting revealing the vote of each administrator,
3with no proxy votes allowed.
4(4) Establishing the titles, duties, and authority and
5reasonable procedures for the election of the officers of the
6commission.
7(5) Providing reasonable standards and procedures for the
8establishment of the personnel policies and programs of the
9commission. Notwithstanding any civil service or other similar
10laws of any party state, the bylaws shall exclusively govern
11the personnel policies and programs of the commission.
12(6) Providing a mechanism for winding up the operations
13of the commission and the equitable disposition of any
14surplus funds that may exist after the termination of this
15compact after the payment or reserving of all of its debts and
16obligations.
17d. The commission shall publish its bylaws and rules, and
18any amendments thereto, in a convenient form on the internet
19site of the commission.
20e. The commission shall maintain its financial records in
21accordance with the bylaws.
22f. The commission shall meet and take such actions as are
23consistent with the provisions of this compact and the bylaws.
24g. The commission shall have the following powers:
25(1) To promulgate uniform rules to facilitate and
26coordinate implementation and administration of this compact.
27The rules shall have the force and effect of law and shall be
28binding in all party states.
29(2) To bring and prosecute legal proceedings or actions in
30the name of the commission, provided that the standing of any
31licensing board to sue or be sued under applicable law shall
32not be affected.
33(3) To purchase and maintain insurance and bonds.
34(4) To borrow, accept, or contract for services of
35personnel, including but not limited to employees of a party
-14-1state or nonprofit organizations.
2(5) To cooperate with other organizations that administer
3state compacts related to the regulation of nursing, including
4but not limited to sharing administrative or staff expenses,
5office space or other resources.
6(6) To hire employees, elect or appoint officers, fix
7compensation, define duties, grant such individuals appropriate
8authority to carry out the purposes of this compact, and to
9establish the commission’s personnel policies and programs
10relating to conflicts of interest, qualifications of personnel,
11and other related personnel matters.
12(7) To accept any and all appropriate donations, grants and
13gifts of money, equipment, supplies, materials, and services,
14and to receive, utilize, and dispose of the same; provided
15that at all times the commission shall avoid any appearance of
16impropriety or conflict of interest.
17(8) To lease, purchase, accept appropriate gifts or
18donations of, or otherwise to own, hold, improve, or use, any
19property, whether real, personal, or mixed; provided that
20at all times the commission shall avoid any appearance of
21impropriety.
22(9) To sell, convey, mortgage, pledge, lease, exchange,
23abandon, or otherwise dispose of any property, whether real,
24personal, or mixed.
25(10) To establish a budget and make expenditures.
26(11) To borrow money.
27(12) To appoint committees, including advisory committees
28comprised of administrators, state nursing regulators,
29state legislators or their representatives, and consumer
30representatives, and other such interested persons.
31(13) To provide and receive information from, and to
32cooperate with, law enforcement agencies.
33(14) To adopt and use an official seal.
34(15) To perform such other functions as may be necessary or
35appropriate to achieve the purposes of this compact consistent
-15-1with the state regulation of nurse licensure and practice.
2h. Financing of the commission.
3(1) The commission shall pay, or provide for the payment of,
4the reasonable expenses of its establishment, organization, and
5ongoing activities.
6(2) The commission may also levy on and collect an annual
7assessment from each party state to cover the cost of its
8operations, activities, and staff in its annual budget as
9approved each year. The aggregate annual assessment amount, if
10any, shall be allocated based upon a formula to be determined
11by the commission, which shall promulgate a rule that is
12binding upon all party states.
13(3) The commission shall not incur obligations of any kind
14prior to securing the funds adequate to meet the same; nor
15shall the commission pledge the credit of any of the party
16states, except by, and with the authority of, such party state.
17(4) The commission shall keep accurate accounts of all
18receipts and disbursements. The receipts and disbursements of
19the commission shall be subject to the audit and accounting
20procedures established under its bylaws. However, all receipts
21and disbursements of funds handled by the commission shall be
22audited yearly by a certified public accountant, and the report
23of the audit shall be included in and become part of the annual
24report of the commission.
25i. Qualified immunity, defense, and indemnification.
26(1) The administrators, officers, executive director,
27employees, and representatives of the commission shall be
28immune from suit and liability, either personally or in their
29official capacity, for any claim for damage to or loss of
30property or personal injury or other civil liability caused by
31or arising out of any actual or alleged act, error, or omission
32that occurred, or that the person against whom the claim is
33made had a reasonable basis for believing occurred, within the
34scope of commission employment, duties, or responsibilities;
35provided that nothing in this paragraph “i” shall be construed
-16-1to protect any such person from suit or liability for any
2damage, loss, injury, or liability caused by the intentional,
3willful, or wanton misconduct of that person.
4(2) The commission shall defend any administrator,
5officer, executive director, employee, or representative of
6the commission in any civil action seeking to impose liability
7arising out of any actual or alleged act, error, or omission
8that occurred within the scope of commission employment,
9duties, or responsibilities, or that the person against
10whom the claim is made had a reasonable basis for believing
11occurred within the scope of commission employment, duties,
12or responsibilities; provided that nothing herein shall be
13construed to prohibit that person from retaining the person’s
14own counsel; and provided further that the actual or alleged
15act, error, or omission did not result from that person’s
16intentional, willful, or wanton misconduct.
17(3) The commission shall indemnify and hold harmless
18any administrator, officer, executive director, employee,
19or representative of the commission for the amount of any
20settlement or judgment obtained against that person arising
21out of any actual or alleged act, error, or omission that
22occurred within the scope of commission employment, duties,
23or responsibilities, or that such person had a reasonable
24basis for believing occurred within the scope of commission
25employment, duties, or responsibilities, provided that the
26actual or alleged act, error, or omission did not result from
27the intentional, willful, or wanton misconduct of that person.
288. Article VIII — Rulemaking.
29a. The commission shall exercise its rulemaking powers
30pursuant to the criteria set forth in this article and the
31rules adopted thereunder. Rules and amendments shall become
32binding as of the date specified in each rule or amendment and
33shall have the same force and effect as provisions of this
34compact.
35b. Rules or amendments to the rules shall be adopted at a
-17-1regular or special meeting of the commission.
2c. Prior to promulgation and adoption of a final rule or
3rules by the commission, and at least sixty days in advance
4of the meeting at which the rule will be considered and voted
5upon, the commission shall file a notice of proposed rulemaking
6on the internet site of the commission and on the internet site
7of each licensing board or the publication in which each state
8would otherwise publish proposed rules.
9d. The notice of proposed rulemaking shall include all of
10the following:
11(1) The proposed time, date, and location of the meeting in
12which the rule will be considered and voted upon.
13(2) The text of the proposed rule or amendment, and the
14reason for the proposed rule.
15(3) A request for comments on the proposed rule from any
16interested person.
17(4) The manner in which interested persons may submit notice
18to the commission of their intention to attend the public
19hearing and any written comments.
20e. Prior to adoption of a proposed rule, the commission
21shall allow persons to submit written data, facts, opinions,
22and arguments, which shall be made available to the public.
23f. The commission shall grant an opportunity for a public
24hearing before it adopts a rule or amendment.
25g. The commission shall publish the place, time, and date of
26the scheduled public hearing.
27(1) Hearings shall be conducted in a manner providing each
28person who wishes to comment a fair and reasonable opportunity
29to comment orally or in writing. All hearings will be
30recorded, and a copy will be made available upon request.
31(2) Nothing in this article shall be construed as requiring
32a separate hearing on each rule. Rules may be grouped for the
33convenience of the commission at hearings required by this
34article.
35h. If no one appears at the public hearing, the commission
-18-1may proceed with promulgation of the proposed rule.
2i. Following the scheduled hearing date, or by the close
3of business on the scheduled hearing date if the hearing was
4not held, the commission shall consider all written and oral
5comments received.
6j. The commission shall, by majority vote of all
7administrators, take final action on the proposed rule and
8shall determine the effective date of the rule, if any, based
9on the rulemaking record and the full text of the rule.
10k. Upon determination that an emergency exists, the
11commission may consider and adopt an emergency rule without
12prior notice, opportunity for comment or hearing, provided that
13the usual rulemaking procedures provided in this compact and
14in this article shall be retroactively applied to the rule as
15soon as reasonably possible, in no event later than ninety days
16after the effective date of the rule. For the purposes of
17this provision, an emergency rule is one that must be adopted
18immediately in order to do any of the following:
19(1) Meet an imminent threat to public health, safety, or
20welfare.
21(2) Prevent a loss of commission or party state funds.
22(3) Meet a deadline for the promulgation of an
23administrative rule that is required by federal law or rule.
24l. The commission may direct revisions to a previously
25adopted rule or amendment for purposes of correcting
26typographical errors, errors in format, errors in consistency,
27or grammatical errors. Public notice of any revisions shall be
28posted on the internet site of the commission. The revision
29shall be subject to challenge by any person for a period of
30thirty days after posting. The revision may be challenged only
31on grounds that the revision results in a material change to
32a rule. A challenge shall be made in writing, and delivered
33to the commission, prior to the end of the notice period. If
34no challenge is made, the revision will take effect without
35further action. If the revision is challenged, the revision
-19-1may not take effect without the approval of the commission.
29. Article IX — Oversight, dispute resolution, and
3enforcement.
4a. Oversight.
5(1) Each party state shall enforce this compact and take all
6actions necessary and appropriate to effectuate this compact’s
7purposes and intent.
8(2) The commission shall be entitled to receive service
9of process in any proceeding that may affect the powers,
10responsibilities, or actions of the commission, and shall have
11standing to intervene in such a proceeding for all purposes.
12Failure to provide service of process in such proceeding to
13the commission shall render a judgment or order void as to the
14commission, this compact, or promulgated rules.
15b. Default, technical assistance, and termination.
16(1) If the commission determines that a party state
17has defaulted in the performance of its obligations or
18responsibilities under this compact or the promulgated rules,
19the commission shall do both of the following:
20(a) Provide written notice to the defaulting state and other
21party states of the nature of the default, the proposed means
22of curing the default, or any other action to be taken by the
23commission.
24(b) Provide remedial training and specific technical
25assistance regarding the default.
26(2) If a state in default fails to cure the default, the
27defaulting state’s membership in this compact may be terminated
28upon an affirmative vote of a majority of the administrators,
29and all rights, privileges, and benefits conferred by this
30compact may be terminated on the effective date of termination.
31A cure of the default does not relieve the offending state
32of obligations or liabilities incurred during the period of
33default.
34(3) Termination of membership in this compact shall be
35imposed only after all other means of securing compliance have
-20-1been exhausted. Notice of intent to suspend or terminate shall
2be given by the commission to the governor of the defaulting
3state and to the executive officer of the defaulting state’s
4licensing board and each of the party states.
5(4) A state whose membership in this compact has been
6terminated is responsible for all assessments, obligations, and
7liabilities incurred through the effective date of termination,
8including obligations that extend beyond the effective date of
9termination.
10(5) The commission shall not bear any costs related to a
11state that is found to be in default or whose membership in
12this compact has been terminated unless agreed upon in writing
13between the commission and the defaulting state.
14(6) The defaulting state may appeal the action of the
15commission by petitioning the United States district court
16for the District of Columbia or the federal district in which
17the commission has its principal offices. The prevailing
18party shall be awarded all costs of such litigation, including
19reasonable attorneys’ fees.
20c. Dispute resolution.
21(1) Upon request by a party state, the commission shall
22attempt to resolve disputes related to the compact that arise
23among party states and between party and nonparty states.
24(2) The commission shall promulgate a rule providing for
25both mediation and binding dispute resolution for disputes, as
26appropriate.
27(3) In the event the commission cannot resolve disputes
28among party states arising under this compact:
29(a) The party states may submit the issues in dispute to
30an arbitration panel, which will be comprised of individuals
31appointed by the compact administrator in each of the affected
32party states and an individual mutually agreed upon by the
33compact administrators of all the party states involved in the
34dispute.
35(b) The decision of a majority of the arbitrators shall be
-21-1final and binding.
2d. Enforcement.
3(1) The commission, in the reasonable exercise of its
4discretion, shall enforce the provisions and rules of this
5compact.
6(2) By majority vote, the commission may initiate legal
7action in the United States district court for the District of
8Columbia or the federal district in which the commission has
9its principal offices against a party state that is in default
10to enforce compliance with the provisions of this compact
11and its promulgated rules and bylaws. The relief sought may
12include both injunctive relief and damages. In the event
13judicial enforcement is necessary, the prevailing party shall
14be awarded all costs of such litigation, including reasonable
15attorneys’ fees.
16(3) The remedies herein shall not be the exclusive remedies
17of the commission. The commission may pursue any other
18remedies available under federal or state law.
1910. Article X — Effective date, withdrawal, and amendment.
20a. This compact shall become effective and binding on the
21earlier of the date of legislative enactment of this compact
22into law by no less than twenty-six states or December 31,
232018. All party states to this compact, that also were parties
24to the prior nurse licensure compact, superseded by this
25compact, shall be deemed to have withdrawn from said prior
26compact within six months after the effective date of this
27compact.
28b. Each party state to this compact shall continue to
29recognize a nurse’s multistate licensure privilege to practice
30in that party state issued under the prior nurse licensure
31compact until such party state has withdrawn from the prior
32nurse licensure compact.
33c. Any party state may withdraw from this compact by
34enacting a statute repealing the same. A party state’s
35withdrawal shall not take effect until six months after
-22-1enactment of the repealing statute.
2d. A party state’s withdrawal or termination shall not
3affect the continuing requirement of the withdrawing or
4terminated state’s licensing board to report adverse actions
5and significant investigations occurring prior to the effective
6date of such withdrawal or termination.
7e. Nothing contained in this compact shall be construed to
8invalidate or prevent any nurse licensure agreement or other
9cooperative arrangement between a party state and a nonparty
10state that is made in accordance with the other provisions of
11this compact.
12f. This compact may be amended by the party states. No
13amendment to this compact shall become effective and binding
14upon the party states unless and until it is enacted into the
15laws of all party states.
16g. Representatives of nonparty states to this compact shall
17be invited to participate in the activities of the commission,
18on a nonvoting basis, prior to the adoption of this compact by
19all states.
2011. Article XI — Construction and severability.
21This compact shall be liberally construed so as to
22effectuate the purposes thereof. The provisions of this
23compact shall be severable, and if any phrase, clause,
24sentence, or provision of this compact is declared to
25be contrary to the constitution of any party state or of
26the United States, or if the applicability thereof to any
27government, agency, person, or circumstance is held invalid,
28the validity of the remainder of this compact and the
29applicability thereof to any government, agency, person, or
30circumstance shall not be affected thereby. If this compact
31shall be held to be contrary to the constitution of any party
32state, this compact shall remain in full force and effect as to
33the remaining party states and in full force and effect as to
34the party state affected as to all severable matters.
35 Sec. 2. Section 152E.2, Code 2017, is amended to read as
-23-1follows:
2152E.2 Compact administrator.
3The executive director of the board of nursing, as provided
4for in section 152.2, shall serve as the compact administrator
5identified in article VIII VII, paragraph “a” “b”, of the
6nurse licensure compact contained in section 152E.1 and as the
7compact administrator identified in article VIII, paragraph
8“a”, of the advanced practice registered nurse compact
9contained in section 152E.3.
10 Sec. 3. EFFECTIVE DATE. This Act takes effect upon the
11earlier of the date of adoption of the revised nurse licensure
12compact contained in this Act by no less than twenty-six states
13or December 31, 2018. The executive director of the board
14of nursing shall notify the Code editor upon adoption of the
15compact by the requisite number of states.
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