Bill Text: NY A03391 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the interstate medical licensure compact and the nurse licensure compact to strengthen access to health care by providing a streamlined process to become licensed in multiple states.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to higher education [A03391 Detail]
Download: New_York-2023-A03391-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3391 2023-2024 Regular Sessions IN ASSEMBLY February 2, 2023 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to enacting the inter- state medical licensure compact and the nurse licensure compact The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 169 to 2 read as follows: 3 ARTICLE 169 4 INTERSTATE MEDICAL LICENSURE COMPACT 5 Section 8860. Short title. 6 8861. Purpose. 7 8862. Definitions. 8 8863. Eligibility. 9 8864. Designation of state of principal license. 10 8865. Application and issuance of expedited licensure. 11 8866. Fees for expedited licensure. 12 8867. Renewal and continued participation. 13 8868. Coordinated information system. 14 8869. Joint investigations. 15 8870. Disciplinary actions. 16 8871. Interstate medical licensure compact commission. 17 8872. Powers and duties of the interstate commission. 18 8873. Finance powers. 19 8874. Organization and operation of the interstate commission. 20 8875. Rulemaking functions of the interstate commission. 21 8876. Oversight of interstate compact. 22 8877. Enforcement of interstate compact. 23 8878. Default procedures. 24 8879. Dispute resolution. 25 8880. Member states, effective date and amendment. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07951-01-3A. 3391 2 1 8881. Withdrawal. 2 8882. Dissolution. 3 8883. Severability and construction. 4 8884. Binding effect of compact and other laws. 5 § 8860. Short title. This article shall be known and may be cited as 6 the "interstate medical licensure compact". 7 § 8861. Purpose. In order to strengthen access to health care, and in 8 recognition of the advances in the delivery of health care, the member 9 states of the interstate medical licensure compact have allied in common 10 purpose to develop a comprehensive process that complements the existing 11 licensing and regulatory authority of state medical boards, provides a 12 streamlined process that allows physicians to become licensed in multi- 13 ple states, thereby enhancing the portability of a medical license and 14 ensuring the safety of patients. The compact creates another pathway 15 for licensure and does not otherwise change a state's existing medical 16 practice act. The compact also adopts the prevailing standard for licen- 17 sure and affirms that the practice of medicine occurs where the patient 18 is located at the time of the physician-patient encounter, and there- 19 fore, requires the physician to be under the jurisdiction of the state 20 medical board where the patient is located. State medical boards that 21 participate in the compact retain the jurisdiction to impose an adverse 22 action against a license to practice medicine in that state issued to a 23 physician through the procedures in the compact. 24 § 8862. Definitions. In this compact: 25 1. "Bylaws" means those bylaws established by the interstate commis- 26 sion pursuant to section eighty-eight hundred seventy-one of this arti- 27 cle for its governance, or for directing and controlling its actions and 28 conduct. 29 2. "Commissioner" means the voting representative appointed by each 30 member board pursuant to section eighty-eight hundred seventy-one of 31 this article. 32 3. "Conviction" means a finding by a court that an individual is guil- 33 ty of a criminal offense through adjudication, or entry of a plea of 34 guilt or no contest to the charge by the offender. Evidence of an entry 35 of a conviction of a criminal offense by the court shall be considered 36 final for purposes of disciplinary action by a member board. 37 4. "Expedited license" means a full and unrestricted medical license 38 granted by a member state to an eligible physician through the process 39 set forth in the compact. 40 5. "Interstate commission" means the interstate commission created 41 pursuant to section eighty-eight hundred seventy-one of this article. 42 6. "License" means authorization by a state for a physician to engage 43 in the practice of medicine, which would be unlawful without the author- 44 ization. 45 7. "Medical practice act" means laws and regulations governing the 46 practice of allopathic and osteopathic medicine within a member state. 47 8. "Member board" means a state agency in a member state that acts in 48 the sovereign interests of the state by protecting the public through 49 licensure, regulation, and education of physicians as directed by the 50 state government. 51 9. "Member state" means a state that has enacted the compact. 52 10. "Practice of medicine" means the clinical prevention, diagnosis, 53 or treatment of human disease, injury, or condition requiring a physi- 54 cian to obtain and maintain a license in compliance with the medical 55 practice act of a member state. 56 11. "Physician" means any person who:A. 3391 3 1 (a) Is a graduate of a medical school accredited by the Liaison 2 Committee on Medical Education, the Commission on Osteopathic College 3 Accreditation, or a medical school listed in the International Medical 4 Education Directory or its equivalent; 5 (b) Passed each component of the United States Medical Licensing Exam- 6 ination (USMLE) or the Comprehensive Osteopathic Medical Licensing Exam- 7 ination (COMLEX-USA) within three attempts, or any of its predecessor 8 examinations accepted by a state medical board as an equivalent examina- 9 tion for licensure purposes; 10 (c) Successfully completed graduate medical education approved by the 11 Accreditation Council for Graduate Medical Education or the American 12 Osteopathic Association; 13 (d) Holds specialty certification or a time-unlimited specialty 14 certificate recognized by the American Board of Medical Specialties or 15 the American Osteopathic Association's Bureau of Osteopathic Special- 16 ists; 17 (e) Possesses a full and unrestricted license to engage in the prac- 18 tice of medicine issued by a member board; 19 (f) Has never been convicted, received adjudication, deferred adjudi- 20 cation, community supervision, or deferred disposition for any offense 21 by a court of appropriate jurisdiction; 22 (g) Has never held a license authorizing the practice of medicine 23 subjected to discipline by a licensing agency in any state, federal, or 24 foreign jurisdiction, excluding any action related to non-payment of 25 fees related to a license; 26 (h) Has never had a controlled substance license or permit suspended 27 or revoked by a state or the United States drug enforcement adminis- 28 tration; and 29 (i) Is not under active investigation by a licensing agency or law 30 enforcement authority in any state, federal, or foreign jurisdiction. 31 12. "Offense" means a felony, gross misdemeanor, or crime of moral 32 turpitude. 33 13. "Rule" means a written statement by the interstate commission 34 promulgated pursuant to section eighty-eight hundred seventy-two of this 35 article that is of general applicability, implements, interprets, or 36 prescribes a policy or provision of the compact, or an organizational, 37 procedural, or practice requirement of the interstate commission, and 38 has the force and effect of statutory law in a member state, and 39 includes the amendment, repeal, or suspension of an existing rule. 40 14. "State" means any state, commonwealth, district, or territory of 41 the United States. 42 15. "State of principal license" means a member state where a physi- 43 cian holds a license to practice medicine and which has been designated 44 as such by the physician for purposes of registration and participation 45 in the compact. 46 § 8863. Eligibility. 1. A physician must meet the eligibility require- 47 ments as defined in subdivision eleven of section eighty-eight hundred 48 sixty-two of this article to receive an expedited license under the 49 terms and provisions of the compact. 50 2. A physician who does not meet the requirements of subdivision elev- 51 en of section eighty-eight hundred sixty-two of this article may obtain 52 a license to practice medicine in a member state if the individual 53 complies with all laws and requirements, other than the compact, relat- 54 ing to the issuance of a license to practice medicine in that state. 55 § 8864. Designation of state of principal license. 1. A physician 56 shall designate a member state as the state of principal license forA. 3391 4 1 purposes of registration for expedited licensure through the compact if 2 the physician possesses a full and unrestricted license to practice 3 medicine in that state, and the state is: 4 (a) the state of primary residence for the physician, or 5 (b) the state where at least twenty-five percent of the practice of 6 medicine occurs, or 7 (c) the location of the physician's employer, or 8 (d) if no state qualifies under paragraph (a), (b), or (c) of this 9 subdivision, the state designated as state of residence for purpose of 10 federal income tax. 11 2. A physician may redesignate a member state as state of principal 12 license at any time, as long as the state meets the requirements of 13 subdivision one of this section. 14 3. The interstate commission is authorized to develop rules to facili- 15 tate redesignation of another member state as the state of principal 16 license. 17 § 8865. Application and issuance of expedited licensure. 1. A physi- 18 cian seeking licensure through the compact shall file an application for 19 an expedited license with the member board of the state selected by the 20 physician as the state of principal license. 21 2. Upon receipt of an application for an expedited license, the member 22 board within the state selected as the state of principal license shall 23 evaluate whether the physician is eligible for expedited licensure and 24 issue a letter of qualification, verifying or denying the physician's 25 eligibility, to the interstate commission. 26 (a) Static qualifications, which include verification of medical 27 education, graduate medical education, results of any medical or licens- 28 ing examination, and other qualifications as determined by the inter- 29 state commission through rule, shall not be subject to additional prima- 30 ry source verification where already primary source verified by the 31 state of principal license. 32 (b) The member board within the state selected as the state of princi- 33 pal license shall, in the course of verifying eligibility, perform a 34 criminal background check of an applicant, including the use of the 35 results of fingerprint or other biometric data checks compliant with the 36 requirements of the Federal Bureau of Investigation, with the exception 37 of federal employees who have suitability determination in accordance 38 with U.S. C.F.R. § 731.202. 39 (c) Appeal on the determination of eligibility shall be made to the 40 member state where the application was filed and shall be subject to the 41 law of that state. 42 3. Upon verification under subdivision two of this section, physicians 43 eligible for an expedited license shall complete the registration proc- 44 ess established by the interstate commission to receive a license in a 45 member state selected pursuant to subdivision one of this section, 46 including the payment of any applicable fees. 47 4. After receiving verification of eligibility under subdivision two 48 of this section and any fees under subdivision three of this section, a 49 member board shall issue an expedited license to the physician. This 50 license shall authorize the physician to practice medicine in the issu- 51 ing state consistent with the medical practice act and all applicable 52 laws and regulations of the issuing member board and member state. 53 5. An expedited license shall be valid for a period consistent with 54 the licensure period in the member state and in the same manner as 55 required for other physicians holding a full and unrestricted license 56 within the member state.A. 3391 5 1 6. An expedited license obtained though the compact shall be termi- 2 nated if a physician fails to maintain a license in the state of princi- 3 pal licensure for a non-disciplinary reason, without redesignation of a 4 new state of principal licensure. 5 7. The interstate commission is authorized to develop rules regarding 6 the application process, including payment of any applicable fees, and 7 the issuance of an expedited license. 8 § 8866. Fees for expedited licensure. 1. A member state issuing an 9 expedited license authorizing the practice of medicine in that state may 10 impose a fee for a license issued or renewed through the compact. 11 2. The interstate commission is authorized to develop rules regarding 12 fees for expedited licenses. 13 § 8867. Renewal and continued participation. 1. A physician seeking to 14 renew an expedited license granted in a member state shall complete a 15 renewal process with the interstate commission if the physician: 16 (a) Maintains a full and unrestricted license in a state of principal 17 license; 18 (b) Has not been convicted, received adjudication, deferred adjudi- 19 cation, community supervision, or deferred disposition for any offense 20 by a court of appropriate jurisdiction; 21 (c) Has not had a license authorizing the practice of medicine subject 22 to discipline by a licensing agency in any state, federal, or foreign 23 jurisdiction, excluding any action related to non-payment of fees 24 related to a license; and 25 (d) Has not had a controlled substance license or permit suspended or 26 revoked by a state or the United States drug enforcement administration. 27 2. Physicians shall comply with all continuing professional develop- 28 ment or continuing medical education requirements for renewal of a 29 license issued by a member state. 30 3. The interstate commission shall collect any renewal fees charged 31 for the renewal of a license and distribute the fees to the applicable 32 member board. 33 4. Upon receipt of any renewal fees collected in subdivision three of 34 this section, a member board shall renew the physician's license. 35 5. Physician information collected by the interstate commission during 36 the renewal process will be distributed to all member boards. 37 6. The interstate commission is authorized to develop rules to address 38 renewal of licenses obtained through the compact. 39 § 8868. Coordinated information system. 1. The interstate commission 40 shall establish a database of all physicians licensed, or who have 41 applied for licensure, under section eighty-eight hundred sixty-five of 42 this article. 43 2. Notwithstanding any other provision of law, member boards shall 44 report to the interstate commission any public action or complaints 45 against a licensed physician who has applied or received an expedited 46 license through the compact. 47 3. Member boards shall report disciplinary or investigatory informa- 48 tion determined as necessary and proper by rule of the interstate 49 commission. 50 4. Member boards may report any non-public complaint, disciplinary, or 51 investigatory information not required by subdivision three of this 52 section to the interstate commission. 53 5. Member boards shall share complaint or disciplinary information 54 about a physician upon request of another member board.A. 3391 6 1 6. All information provided to the interstate commission or distrib- 2 uted by member boards shall be confidential, filed under seal, and used 3 only for investigatory or disciplinary matters. 4 7. The interstate commission is authorized to develop rules for 5 mandated or discretionary sharing of information by member boards. 6 § 8869. Joint investigations. 1. Licensure and disciplinary records of 7 physicians are deemed investigative. 8 2. In addition to the authority granted to a member board by its 9 respective medical practice act or other applicable state law, a member 10 board may participate with other member boards in joint investigations 11 of physicians licensed by the member boards. 12 3. A subpoena issued by a member state shall be enforceable in other 13 member states. 14 4. Member boards may share any investigative, litigation, or compli- 15 ance materials in furtherance of any joint or individual investigation 16 initiated under the compact. 17 5. Any member state may investigate actual or alleged violations of 18 the statutes authorizing the practice of medicine in any other member 19 state in which a physician holds a license to practice medicine. 20 § 8870. Disciplinary actions. 1. Any disciplinary action taken by any 21 member board against a physician licensed through the compact shall be 22 deemed unprofessional conduct which may be subject to discipline by 23 other member boards, in addition to any violation of the medical prac- 24 tice act or regulations in that state. 25 2. If a license granted to a physician by the member board in the 26 state of principal license is revoked, surrendered or relinquished in 27 lieu of discipline, or suspended, then all licenses issued to the physi- 28 cian by member boards shall automatically be placed, without further 29 action necessary by any member board, on the same status. If the member 30 board in the state of principal license subsequently reinstates the 31 physician's license, a license issued to the physician by any other 32 member board shall remain encumbered until that respective member board 33 takes action to reinstate the license in a manner consistent with the 34 medical practice act of that state. 35 3. If disciplinary action is taken against a physician by a member 36 board not in the state of principal license, any other member board may 37 deem the action conclusive as to matter of law and fact decided, and: 38 (a) impose the same or lesser sanction or sanctions against the physi- 39 cian so long as such sanctions are consistent with the medical practice 40 act of that state; or 41 (b) pursue separate disciplinary action against the physician under 42 its respective medical practice act, regardless of the action taken in 43 other member states. 44 4. If a license granted to a physician by a member board is revoked, 45 surrendered, or relinquished in lieu of discipline, or suspended, then 46 any license or licenses issued to the physician by any other member 47 board or boards shall be suspended, automatically and immediately with- 48 out further action necessary by the other member board or boards, for 49 ninety days upon entry of the order by the disciplining board, to permit 50 the member board or boards to investigate the basis for the action under 51 the medical practice act of that state. A member board may terminate the 52 automatic suspension of the license it issued prior to the completion of 53 the ninety day suspension period in a manner consistent with the medical 54 practice act of that state.A. 3391 7 1 § 8871. Interstate medical licensure compact commission. 1. The member 2 states hereby create the "interstate medical licensure compact commis- 3 sion". 4 2. The purpose of the interstate commission is the administration of 5 the interstate medical licensure compact, which is a discretionary state 6 function. 7 3. The interstate commission shall be a body corporate and joint agen- 8 cy of the member states and shall have all the responsibilities, powers, 9 and duties set forth in the compact, and such additional powers as may 10 be conferred upon it by a subsequent concurrent action of the respective 11 legislatures of the member states in accordance with the terms of the 12 compact. 13 4. The interstate commission shall consist of two voting represen- 14 tatives appointed by each member state who shall serve as commissioners. 15 In states where allopathic and osteopathic physicians are regulated by 16 separate member boards, or if the licensing and disciplinary authority 17 is split between multiple member boards within a member state, the 18 member state shall appoint one representative from each member board. A 19 commissioner shall be a or an: 20 (a) Allopathic or osteopathic physician appointed to a member board; 21 (b) Executive director, executive secretary, or similar executive of a 22 member board; or 23 (c) Member of the public appointed to a member board. 24 5. The interstate commission shall meet at least once each calendar 25 year. A portion of this meeting shall be a business meeting to address 26 such matters as may properly come before the commission, including the 27 election of officers. The chairperson may call additional meetings and 28 shall call for a meeting upon the request of a majority of the member 29 states. 30 6. The bylaws may provide for meetings of the interstate commission to 31 be conducted by telecommunication or electronic communication. 32 7. Each commissioner participating at a meeting of the interstate 33 commission is entitled to one vote. A majority of commissioners shall 34 constitute a quorum for the transaction of business, unless a larger 35 quorum is required by the bylaws of the interstate commission. A commis- 36 sioner shall not delegate a vote to another commissioner. In the absence 37 of its commissioner, a member state may delegate voting authority for a 38 specified meeting to another person from that state who shall meet the 39 requirements of subdivision four of this section. 40 8. The interstate commission shall provide public notice of all meet- 41 ings and all meetings shall be open to the public. The interstate 42 commission may close a meeting, in full or in portion, where it deter- 43 mines by a two-thirds vote of the commissioners present that an open 44 meeting would be likely to: 45 (a) Relate solely to the internal personnel practices and procedures 46 of the interstate commission; 47 (b) Discuss matters specifically exempted from disclosure by federal 48 statute; 49 (c) Discuss trade secrets, commercial, or financial information that 50 is privileged or confidential; 51 (d) Involve accusing a person of a crime, or formally censuring a 52 person; 53 (e) Discuss information of a personal nature where disclosure would 54 constitute a clearly unwarranted invasion of personal privacy; 55 (f) Discuss investigative records compiled for law enforcement 56 purposes; orA. 3391 8 1 (g) Specifically relate to the participation in a civil action or 2 other legal proceeding. 3 9. The interstate commission shall keep minutes which shall fully 4 describe all matters discussed in a meeting and shall provide a full and 5 accurate summary of actions taken, including record of any roll call 6 votes. 7 10. The interstate commission shall make its information and official 8 records, to the extent not otherwise designated in the compact or by its 9 rules, available to the public for inspection. 10 11. The interstate commission shall establish an executive committee, 11 which shall include officers, members, and others as determined by the 12 bylaws. The executive committee shall have the power to act on behalf of 13 the interstate commission, with the exception of rulemaking, during 14 periods when the interstate commission is not in session. When acting on 15 behalf of the interstate commission, the executive committee shall over- 16 see the administration of the compact including enforcement and compli- 17 ance with the provisions of the compact, its bylaws and rules, and other 18 such duties as necessary. 19 12. The interstate commission may establish other committees for 20 governance and administration of the compact. 21 § 8872. Powers and duties of the interstate commission. The interstate 22 commission shall have the duty and power to: 23 1. Oversee and maintain the administration of the compact; 24 2. Promulgate rules which shall be binding to the extent and in the 25 manner provided for in the compact; 26 3. Issue, upon the request of a member state or member board, advisory 27 opinions concerning the meaning or interpretation of the compact, its 28 bylaws, rules, and actions; 29 4. Enforce compliance with compact provisions, the rules promulgated 30 by the interstate commission, and the bylaws, using all necessary and 31 proper means, including but not limited to the use of judicial process; 32 5. Establish and appoint committees including, but not limited to, an 33 executive committee as required by section eighty-eight hundred seven- 34 ty-one of this article, which shall have the power to act on behalf of 35 the interstate commission in carrying out its powers and duties; 36 6. Pay, or provide for the payment of the expenses related to the 37 establishment, organization, and ongoing activities of the interstate 38 commission; 39 7. Establish and maintain one or more offices; 40 8. Borrow, accept, hire, or contract for services of personnel; 41 9. Purchase and maintain insurance and bonds; 42 10. Employ an executive director who shall have such powers to employ, 43 select or appoint employees, agents, or consultants, and to determine 44 their qualifications, define their duties, and fix their compensation; 45 11. Establish personnel policies and programs relating to conflicts of 46 interest, rates of compensation, and qualifications of personnel; 47 12. Accept donations and grants of money, equipment, supplies, materi- 48 als and services, and to receive, utilize, and dispose of it in a manner 49 consistent with the conflict of interest policies established by the 50 interstate commission; 51 13. Lease, purchase, accept contributions or donations of, or other- 52 wise to own, hold, improve, or use, any property, real, personal, or 53 mixed; 54 14. Sell, convey, mortgage, pledge, lease, exchange, abandon, or 55 otherwise dispose of any property, real, personal, or mixed; 56 15. Establish a budget and make expenditures;A. 3391 9 1 16. Adopt a seal and bylaws governing the management and operation of 2 the interstate commission; 3 17. Report annually to the legislatures and governors of the member 4 states concerning the activities of the interstate commission during the 5 preceding year. Such reports shall also include reports of financial 6 audits and any recommendations that may have been adopted by the inter- 7 state commission; 8 18. Coordinate education, training, and public awareness regarding the 9 compact, its implementation, and its operation; 10 19. Maintain records in accordance with the bylaws; 11 20. Seek and obtain trademarks, copyrights, and patents; and 12 21. Perform such functions as may be necessary or appropriate to 13 achieve the purposes of the compact. 14 § 8873. Finance powers. 1. The interstate commission may levy on and 15 collect an annual assessment from each member state to cover the cost of 16 the operations and activities of the interstate commission and its 17 staff. The total assessment must be sufficient to cover the annual budg- 18 et approved each year for which revenue is not provided by other sourc- 19 es. The aggregate annual assessment amount shall be allocated upon a 20 formula to be determined by the interstate commission, which shall 21 promulgate a rule binding upon all member states. 22 2. The interstate commission shall not incur obligations of any kind 23 prior to securing the funds adequate to meet the same. 24 3. The interstate commission shall not pledge the credit of any of the 25 member states, except by, and with the authority of, the member state. 26 4. The interstate commission shall be subject to a yearly financial 27 audit conducted by a certified or licensed public accountant and the 28 report of the audit shall be included in the annual report of the inter- 29 state commission. 30 § 8874. Organization and operation of the interstate commission. 1. 31 The interstate commission shall, by a majority of commissioners present 32 and voting, adopt bylaws to govern its conduct as may be necessary or 33 appropriate to carry out the purposes of the compact within twelve 34 months of the first interstate commission meeting. 35 2. The interstate commission shall elect or appoint annually from 36 among its commissioners a chairperson, a vice-chairperson, and a treas- 37 urer, each of whom shall have such authority and duties as may be speci- 38 fied in the bylaws. The chairperson, or in the chairperson's absence or 39 disability, the vice-chairperson, shall preside at all meetings of the 40 interstate commission. 41 3. Officers selected pursuant to subdivision two of this section shall 42 serve without remuneration from the interstate commission. 43 4. The officers and employees of the interstate commission shall be 44 immune from suit and liability, either personally or in their official 45 capacity, for a claim for damage to or loss of property or personal 46 injury or other civil liability caused or arising out of, or relating 47 to, an actual or alleged act, error, or omission that occurred, or that 48 such person had a reasonable basis for believing occurred, within the 49 scope of interstate commission employment, duties, or responsibilities; 50 provided that such person shall not be protected from suit or liability 51 for damage, loss, injury, or liability caused by the intentional or 52 willful and wanton misconduct of such person. 53 (a) The liability of the executive director and employees of the 54 interstate commission or representatives of the interstate commission, 55 acting within the scope of such person's employment or duties for acts, 56 errors, or omissions occurring within such person's state, may notA. 3391 10 1 exceed the limits of liability set forth under the constitution and laws 2 of that state for state officials, employees, and agents. The interstate 3 commission is considered to be an instrumentality of the states for the 4 purposes of any such action. Nothing in this paragraph shall be 5 construed to protect such person from suit or liability for damage, 6 loss, injury, or liability caused by the intentional or willful and 7 wanton misconduct of such person. 8 (b) The interstate commission shall defend the executive director, its 9 employees, and subject to the approval of the attorney general or other 10 appropriate legal counsel of the member state represented by an inter- 11 state commission representative, shall defend such interstate commission 12 representative in any civil action seeking to impose liability arising 13 out of an actual or alleged act, error or omission that occurred within 14 the scope of interstate commission employment, duties or responsibil- 15 ities, or that the defendant had a reasonable basis for believing 16 occurred within the scope of interstate commission employment, duties, 17 or responsibilities, provided that the actual or alleged act, error, or 18 omission did not result from intentional or willful and wanton miscon- 19 duct on the part of such person. 20 (c) To the extent not covered by the state involved, member state, or 21 the interstate commission, the representatives or employees of the 22 interstate commission shall be held harmless in the amount of a settle- 23 ment or judgment, including attorney's fees and costs, obtained against 24 such persons arising out of an actual or alleged act, error, or omission 25 that occurred within the scope of interstate commission employment, 26 duties, or responsibilities, or that such persons had a reasonable basis 27 for believing occurred within the scope of interstate commission employ- 28 ment, duties, or responsibilities, provided that the actual or alleged 29 act, error, or omission did not result from intentional or willful and 30 wanton misconduct on the part of such persons. 31 § 8875. Rulemaking functions of the interstate commission. 1. The 32 interstate commission shall promulgate reasonable rules in order to 33 effectively and efficiently achieve the purposes of the compact. 34 Notwithstanding the foregoing, in the event the interstate commission 35 exercises its rulemaking authority in a manner that is beyond the scope 36 of the purposes of the compact, or the powers granted hereunder, then 37 such an action by the interstate commission shall be invalid and have no 38 force or effect. 39 2. Rules deemed appropriate for the operations of the interstate 40 commission shall be made pursuant to a rulemaking process that substan- 41 tially conforms to the federal Model State Administrative Procedure Act 42 of 2010, and subsequent amendments thereto. 43 3. Not later than thirty days after a rule is promulgated, any person 44 may file a petition for judicial review of the rule in the United States 45 District Court for the District of Columbia or the federal district 46 where the interstate commission has its principal offices, provided that 47 the filing of such a petition shall not stay or otherwise prevent the 48 rule from becoming effective unless the court finds that the petitioner 49 has a substantial likelihood of success. The court shall give deference 50 to the actions of the interstate commission consistent with applicable 51 law and shall not find the rule to be unlawful if the rule represents a 52 reasonable exercise of the authority granted to the interstate commis- 53 sion. 54 § 8876. Oversight of interstate compact. 1. The executive, legisla- 55 tive, and judicial branches of state government in each member state 56 shall enforce the compact and shall take all actions necessary andA. 3391 11 1 appropriate to effectuate the compact's purposes and intent. The 2 provisions of the compact and the rules promulgated hereunder shall have 3 standing as statutory law but shall not override existing state authori- 4 ty to regulate the practice of medicine. 5 2. All courts shall take judicial notice of the compact and the rules 6 in any judicial or administrative proceeding in a member state pertain- 7 ing to the subject matter of the compact which may affect the powers, 8 responsibilities or actions of the interstate commission. 9 3. The interstate commission shall be entitled to receive all service 10 of process in any such proceeding, and shall have standing to intervene 11 in the proceeding for all purposes. Failure to provide service of proc- 12 ess to the interstate commission shall render a judgment or order void 13 as to the interstate commission, the compact, or promulgated rules. 14 § 8877. Enforcement of interstate compact. 1. The interstate commis- 15 sion, in the reasonable exercise of its discretion, shall enforce the 16 provisions and rules of the compact. 17 2. The interstate commission may, by majority vote of the commission- 18 ers, initiate legal action in the United States District Court for the 19 District of Columbia, or, at the discretion of the interstate commis- 20 sion, in the federal district where the interstate commission has its 21 principal offices, to enforce compliance with the provisions of the 22 compact, and its promulgated rules and bylaws, against a member state in 23 default. The relief sought may include both injunctive relief and 24 damages. In the event judicial enforcement is necessary, the prevailing 25 party shall be awarded all costs of such litigation including reasonable 26 attorney's fees. 27 3. The remedies herein shall not be the exclusive remedies of the 28 interstate commission. The interstate commission may avail itself of 29 any other remedies available under state law or the regulation of a 30 profession. 31 § 8878. Default procedures. 1. The grounds for default include, but 32 are not limited to, failure of a member state to perform such obli- 33 gations or responsibilities imposed upon it by the compact, or the rules 34 and bylaws of the interstate commission promulgated under the compact. 35 2. If the interstate commission determines that a member state has 36 defaulted in the performance of its obligations or responsibilities 37 under the compact, or the bylaws or promulgated rules, the interstate 38 commission shall: 39 (a) Provide written notice to the defaulting state and other member 40 states, of the nature of the default, the means of curing the default, 41 and any action taken by the interstate commission. The interstate 42 commission shall specify the conditions by which the defaulting state 43 must cure its default; and 44 (b) Provide remedial training and specific technical assistance 45 regarding the default. 46 3. If the defaulting state fails to cure the default, the defaulting 47 state shall be terminated from the compact upon an affirmative vote of a 48 majority of the commissioners and all rights, privileges, and benefits 49 conferred by the compact shall terminate on the effective date of termi- 50 nation. A cure of the default does not relieve the offending state of 51 obligations or liabilities incurred during the period of the default. 52 4. Termination of membership in the compact shall be imposed only 53 after all other means of securing compliance have been exhausted. Notice 54 of intent to terminate shall be given by the interstate commission to 55 the governor, the majority and minority leaders of the defaulting 56 state's legislature, and each of the member states.A. 3391 12 1 5. The interstate commission shall establish rules and procedures to 2 address licenses and physicians that are materially impacted by the 3 termination of a member state, or the withdrawal of a member state. 4 6. The member state which has been terminated is responsible for all 5 dues, obligations, and liabilities incurred through the effective date 6 of termination including obligations, the performance of which extends 7 beyond the effective date of termination. 8 7. The interstate commission shall not bear any costs relating to any 9 state that has been found to be in default or which has been terminated 10 from the compact, unless otherwise mutually agreed upon in writing 11 between the interstate commission and the defaulting state. 12 8. The defaulting state may appeal the action of the interstate 13 commission by petitioning the United States District Court for the 14 District of Columbia or the federal district where the interstate 15 commission has its principal offices. The prevailing party shall be 16 awarded all costs of such litigation including reasonable attorney's 17 fees. 18 § 8879. Dispute resolution. 1. The interstate commission shall 19 attempt, upon the request of a member state, to resolve disputes which 20 are subject to the compact and which may arise among member states or 21 member boards. 22 2. The interstate commission shall promulgate rules providing for both 23 mediation and binding dispute resolution as appropriate. 24 § 8880. Member states, effective date and amendment. 1. Any state is 25 eligible to become a member state of the compact. 26 2. The compact shall become effective and binding upon legislative 27 enactment of the compact into law by no less than seven states. There- 28 after, it shall become effective and binding on a state upon enactment 29 of the compact into law by that state. 30 3. The governors of non-member states, or their designees, shall be 31 invited to participate in the activities of the interstate commission on 32 a non-voting basis prior to adoption of the compact by all states. 33 4. The interstate commission may propose amendments to the compact for 34 enactment by the member states. No amendment shall become effective and 35 binding upon the interstate commission and the member states unless and 36 until it is enacted into law by unanimous consent of the member states. 37 § 8881. Withdrawal. 1. Once effective, the compact shall continue in 38 force and remain binding upon each and every member state; provided that 39 a member state may withdraw from the compact by specifically repealing 40 the statute which enacted the compact into law. 41 2. Withdrawal from the compact shall be by the enactment of a statute 42 repealing the same, but shall not take effect until one year after the 43 effective date of such statute and until written notice of the with- 44 drawal has been given by the withdrawing state to the governor of each 45 other member state. 46 3. The withdrawing state shall immediately notify the chairperson of 47 the interstate commission in writing upon the introduction of legis- 48 lation repealing the compact in the withdrawing state. 49 4. The interstate commission shall notify the other member states of 50 the withdrawing state's intent to withdraw within sixty days of its 51 receipt of notice provided under subdivision three of this section. 52 5. The withdrawing state is responsible for all dues, obligations and 53 liabilities incurred through the effective date of withdrawal, including 54 obligations, the performance of which extend beyond the effective date 55 of withdrawal.A. 3391 13 1 6. Reinstatement following withdrawal of a member state shall occur 2 upon the withdrawing state reenacting the compact or upon such later 3 date as determined by the interstate commission. 4 7. The interstate commission is authorized to develop rules to address 5 the impact of the withdrawal of a member state on licenses granted in 6 other member states to physicians who designated the withdrawing member 7 state as the state of principal license. 8 § 8882. Dissolution. 1. The compact shall dissolve effective upon the 9 date of the withdrawal or default of the member state which reduces the 10 membership in the compact to one member state. 11 2. Upon the dissolution of the compact, the compact becomes null and 12 void and shall be of no further force or effect, and the business and 13 affairs of the interstate commission shall be concluded and surplus 14 funds shall be distributed in accordance with the bylaws. 15 § 8883. Severability and construction. 1. The provisions of the 16 compact shall be severable, and if any phrase, clause, sentence, or 17 provision is deemed unenforceable, the remaining provisions of the 18 compact shall be enforceable. 19 2. The provisions of the compact shall be liberally construed to 20 effectuate its purposes. 21 3. Nothing in the compact shall be construed to prohibit the applica- 22 bility of other interstate compacts to which the states are members. 23 § 8884. Binding effect of compact and other laws. 1. Nothing contained 24 in this article shall prevent the enforcement of any other law of a 25 member state that is not inconsistent with the compact. 26 2. All laws in a member state in conflict with the compact are super- 27 seded to the extent of the conflict. 28 3. All lawful actions of the interstate commission, including all 29 rules and bylaws promulgated by the commission, are binding upon the 30 member states. 31 4. All agreements between the interstate commission and the member 32 states are binding in accordance with their terms. 33 5. In the event any provision of the compact exceeds the constitu- 34 tional limits imposed on the legislature of any member state, such 35 provision shall be ineffective to the extent of the conflict with the 36 constitutional provision in question in that member state. 37 § 2. Article 170 of the education law, as renumbered by chapter 905 of 38 the laws of 1990, is renumbered article 171 and a new article 170 is 39 added to title 8 of the education law to read as follows: 40 ARTICLE 170 41 NURSE LICENSURE COMPACT 42 Section 8900. Nurse licensure compact. 43 8901. Findings and declaration of purpose. 44 8902. Definitions. 45 8903. General provisions and jurisdiction. 46 8904. Applications for licensure in a party state. 47 8905. Additional authorities invested in party state licensing 48 boards. 49 8906. Coordinated licensure information system and exchange of 50 information. 51 8907. Establishment of the interstate commission of nurse licen- 52 sure compact administrators. 53 8908. Rulemaking. 54 8909. Oversight, dispute resolution and enforcement. 55 8910. Effective date, withdrawal and amendment. 56 8911. Construction and severability.A. 3391 14 1 § 8900. Nurse licensure compact. The nurse license compact as set 2 forth in the article is hereby adopted and entered into with all party 3 states joining therein. 4 § 8901. Findings and declaration of purpose 1. Findings. The party 5 states find that: 6 a. The health and safety of the public are affected by the degree of 7 compliance with and the effectiveness of enforcement activities related 8 to state nurse licensure laws; 9 b. Violations of nurse licensure and other laws regulating the prac- 10 tice of nursing may result in injury or harm to the public; 11 c. The expanded mobility of nurses and the use of advanced communi- 12 cation technologies as part of our nation's health care delivery system 13 require greater coordination and cooperation among states in the areas 14 of nurse licensure and regulation; 15 d. New practice modalities and technology make compliance with indi- 16 vidual state nurse licensure laws difficult and complex; 17 e. The current system of duplicative licensure for nurses practicing 18 in multiple states is cumbersome and redundant for both nurses and 19 states; and 20 f. Uniformity of nurse licensure requirements throughout the states 21 promotes public safety and public health benefits. 22 2. Declaration of purpose. The general purposes of this compact are 23 to: 24 a. Facilitate the states' responsibility to protect the public's 25 health and safety; 26 b. Ensure and encourage the cooperation of party states in the areas 27 of nurse licensure and regulation; 28 c. Facilitate the exchange of information between party states in the 29 areas of nurse regulation, investigation and adverse actions; 30 d. Promote compliance with the laws governing the practice of nursing 31 in each jurisdiction; 32 e. Invest all party states with the authority to hold a nurse account- 33 able for meeting all state practice laws in the state in which the 34 patient is located at the time care is rendered through the mutual 35 recognition of party state licenses; 36 f. Decrease redundancies in the consideration and issuance of nurse 37 licenses; and 38 g. Provide opportunities for interstate practice by nurses who meet 39 uniform licensure requirements. 40 § 8902. Definitions. 1. Definitions. As used in this compact: 41 a. "Adverse action" means any administrative, civil, equitable or 42 criminal action permitted by a state's laws which is imposed by a 43 licensing board or other authority against a nurse, including actions 44 against an individual's license or multistate licensure privilege such 45 as revocation, suspension, probation, monitoring of the licensee, limi- 46 tation on the licensee's practice, or any other encumbrance on licensure 47 affecting a nurse's authorization to practice, including issuance of a 48 cease and desist action. 49 b. "Alternative program" means a non-disciplinary monitoring program 50 approved by a licensing board. 51 c. "Coordinated licensure information system" means an integrated 52 process for collecting, storing and sharing information on nurse licen- 53 sure and enforcement activities related to nurse licensure laws that is 54 administered by a nonprofit organization composed of and controlled by 55 licensing boards.A. 3391 15 1 d. "Commission" means the interstate commission of nurse licensure 2 compact administrators. 3 e. "Current significant investigative information" means: 4 1. Investigative information that a licensing board, after a prelimi- 5 nary inquiry that includes notification and an opportunity for the nurse 6 to respond, if required by state law, has reason to believe is not 7 groundless and, if proved true, would indicate more than a minor infrac- 8 tion; or 9 2. Investigative information that indicates that the nurse represents 10 an immediate threat to public health and safety regardless of whether 11 the nurse has been notified and had an opportunity to respond; or 12 3. Any information concerning a nurse reported to a licensing board by 13 a health care entity, health care professional, or any other person, 14 which indicates that the nurse demonstrated an impairment, gross incom- 15 petence, or unprofessional conduct that would present an imminent danger 16 to a patient or the public health, safety, or welfare. 17 f. "Encumbrance" means a revocation or suspension of, or any limita- 18 tion on, the full and unrestricted practice of nursing imposed by a 19 licensing board. 20 g. "Home state" means the party state which is the nurse's primary 21 state of residence. 22 h. "Licensing board" means a party state's regulatory body responsible 23 for issuing nurse licenses. 24 i. "Multistate license" means a license to practice as a registered 25 nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), which 26 is issued by a home state licensing board, and which authorizes the 27 licensed nurse to practice in all party states under a multistate licen- 28 sure privilege. 29 j. "Multistate licensure privilege" means a legal authorization asso- 30 ciated with a multistate license permitting the practice of nursing as 31 either a RN or a LPN/VN in a remote state. 32 k. "Nurse" means RN or LPN/VN, as those terms are defined by each 33 party state's practice laws. 34 l. "Party state" means any state that has adopted this compact. 35 m. "Remote state" means a party state, other than the home state. 36 n. "Single-state license" means a nurse license issued by a party 37 state that authorizes practice only within the issuing state and does 38 not include a multistate licensure privilege to practice in any other 39 party state. 40 o. "State" means a state, territory or possession of the United States 41 and the District of Columbia. 42 p. "State practice laws" means a party state's laws, rules and regu- 43 lations that govern the practice of nursing, define the scope of nursing 44 practice, and create the methods and grounds for imposing discipline. 45 "State practice laws" shall not include requirements necessary to obtain 46 and retain a license, except for qualifications or requirements of the 47 home state. 48 § 8903. General provisions and jurisdiction. 1. General provisions and 49 jurisdiction. a. A multistate license to practice registered or licensed 50 practical/vocational nursing issued by a home state to a resident in 51 that state will be recognized by each party state as authorizing a nurse 52 to practice as a registered nurse (RN) or as a licensed 53 practical/vocational nurse (LPN/VN), under a multistate licensure privi- 54 lege, in each party state. 55 b. A state shall implement procedures for considering the criminal 56 history records of applicants for an initial multistate license orA. 3391 16 1 licensure by endorsement. Such procedures shall include the submission 2 of fingerprints or other biometric-based information by applicants for 3 the purpose of obtaining an applicant's criminal history record informa- 4 tion from the federal bureau of investigation and the agency responsible 5 for retaining that state's criminal records. 6 c. Each party state shall require its licensing board to authorize an 7 applicant to obtain or retain a multistate license in the home state 8 only if the applicant: 9 i. Meets the home state's qualifications for licensure or renewal of 10 licensure, and complies with all other applicable state laws; 11 ii. (1) Has graduated or is eligible to graduate from a licensing 12 board-approved RN or LPN/VN prelicensure education program; or 13 (2) Has graduated from a foreign RN or LPN/VN prelicensure education 14 program that has been: (A) approved by the authorized accrediting body 15 in the applicable country, and (B) verified by an independent creden- 16 tials review agency to be comparable to a licensing board-approved prel- 17 icensure education program; 18 iii. Has, if a graduate of a foreign prelicensure education program 19 not taught in English or if English is not the individual's native 20 language, successfully passed an English proficiency examination that 21 includes the components of reading, speaking, writing and listening; 22 iv. Has successfully passed an NCLEX-RN or NCLEX-PN examination or 23 recognized predecessor, as applicable; 24 v. Is eligible for or holds an active, unencumbered license; 25 vi. Has submitted, in connection with an application for initial 26 licensure or licensure by endorsement, fingerprints or other biometric 27 data for the purpose of obtaining criminal history record information 28 from the federal bureau of investigation and the agency responsible for 29 retaining that state's criminal records; 30 vii. Has not been convicted or found guilty, or has entered into an 31 agreed disposition, of a felony offense under applicable state or feder- 32 al criminal law; 33 viii. Has not been convicted or found guilty, or has entered into an 34 agreed disposition, of a misdemeanor offense related to the practice of 35 nursing as determined on a case-by-case basis; 36 ix. Is not currently enrolled in an alternative program; 37 x. Is subject to self-disclosure requirements regarding current 38 participation in an alternative program; and 39 xi. Has a valid United States social security number. 40 d. All party states shall be authorized, in accordance with existing 41 state due process law, to take adverse action against a nurse's multi- 42 state licensure privilege such as revocation, suspension, probation or 43 any other action that affects a nurse's authorization to practice under 44 a multistate licensure privilege, including cease and desist actions. If 45 a party state takes such action, it shall promptly notify the adminis- 46 trator of the coordinated licensure information system. The administra- 47 tor of the coordinated licensure information system shall promptly noti- 48 fy the home state of any such actions by remote states. 49 e. A nurse practicing in a party state shall comply with the state 50 practice laws of the state in which the client is located at the time 51 service is provided. The practice of nursing is not limited to patient 52 care but shall include all nursing practice as defined by the state 53 practice laws of the party state in which the client is located. The 54 practice of nursing in a party state under a multistate licensure privi- 55 lege will subject a nurse to the jurisdiction of the licensing board,A. 3391 17 1 the courts and the laws of the party state in which the client is 2 located at the time service is provided. 3 f. Individuals not residing in a party state shall continue to be able 4 to apply for a party state's single-state license as provided under the 5 laws of each party state. However, the single-state license granted to 6 these individuals will not be recognized as granting the privilege to 7 practice nursing in any other party state. Nothing in this compact shall 8 affect the requirements established by a party state for the issuance of 9 a single-state license. 10 g. Any nurse holding a home state multistate license, on the effective 11 date of this compact, may retain and renew the multistate license issued 12 by the nurse's then-current home state, provided that: 13 i. A nurse, who changes primary state of residence after this 14 compact's effective date, shall meet all applicable requirements set 15 forth in this article to obtain a multistate license from a new home 16 state. 17 ii. A nurse who fails to satisfy the multistate licensure requirements 18 set forth in this article due to a disqualifying event occurring after 19 this compact's effective date shall be ineligible to retain or renew a 20 multistate license, and the nurse's multistate license shall be revoked 21 or deactivated in accordance with applicable rules adopted by the 22 commission. 23 § 8904. Applications for licensure in a party state. 1. Applications 24 for licensure in a party state. a. Upon application for a multistate 25 license, the licensing board in the issuing party state shall ascertain, 26 through the coordinated licensure information system, whether the appli- 27 cant has ever held, or is the holder of, a license issued by any other 28 state, whether there are any encumbrances on any license or multistate 29 licensure privilege held by the applicant, whether any adverse action 30 has been taken against any license or multistate licensure privilege 31 held by the applicant and whether the applicant is currently participat- 32 ing in an alternative program. 33 b. A nurse may hold a multistate license, issued by the home state, in 34 only one party state at a time. 35 c. If a nurse changes primary state of residence by moving between two 36 party states, the nurse must apply for licensure in the new home state, 37 and the multistate license issued by the prior home state will be deac- 38 tivated in accordance with applicable rules adopted by the commission. 39 i. The nurse may apply for licensure in advance of a change in primary 40 state of residence. 41 ii. A multistate license shall not be issued by the new home state 42 until the nurse provides satisfactory evidence of a change in primary 43 state of residence to the new home state and satisfies all applicable 44 requirements to obtain a multistate license from the new home state. 45 d. If a nurse changes primary state of residence by moving from a 46 party state to a non-party state, the multistate license issued by the 47 prior home state will convert to a single-state license, valid only in 48 the former home state. 49 § 8905. Additional authorities invested in party state licensing 50 boards. 1. Licensing board authority. In addition to the other powers 51 conferred by state law, a licensing board shall have the authority to: 52 a. Take adverse action against a nurse's multistate licensure privi- 53 lege to practice within that party state. 54 i. Only the home state shall have the power to take adverse action 55 against a nurse's license issued by the home state.A. 3391 18 1 ii. For purposes of taking adverse action, the home state licensing 2 board shall give the same priority and effect to reported conduct 3 received from a remote state as it would if such conduct had occurred 4 within the home state. In so doing, the home state shall apply its own 5 state laws to determine appropriate action. 6 b. Issue cease and desist orders or impose an encumbrance on a nurse's 7 authority to practice within that party state. 8 c. Complete any pending investigations of a nurse who changes primary 9 state of residence during the course of such investigations. The licens- 10 ing board shall also have the authority to take appropriate action or 11 actions and shall promptly report the conclusions of such investigations 12 to the administrator of the coordinated licensure information system. 13 The administrator of the coordinated licensure information system shall 14 promptly notify the new home state of any such actions. 15 d. Issue subpoenas for both hearings and investigations that require 16 the attendance and testimony of witnesses, as well as the production of 17 evidence. Subpoenas issued by a licensing board in a party state for the 18 attendance and testimony of witnesses or the production of evidence from 19 another party state shall be enforced in the latter state by any court 20 of competent jurisdiction, according to the practice and procedure of 21 that court applicable to subpoenas issued in proceedings pending before 22 it. The issuing authority shall pay any witness fees, travel expenses, 23 mileage and other fees required by the service statutes of the state in 24 which the witnesses or evidence are located. 25 e. Obtain and submit, for each nurse licensure applicant, fingerprint 26 or other biometric-based information to the federal bureau of investi- 27 gation for criminal background checks, receive the results of the feder- 28 al bureau of investigation record search on criminal background checks 29 and use the results in making licensure decisions. 30 f. If otherwise permitted by state law, recover from the affected 31 nurse the costs of investigations and disposition of cases resulting 32 from any adverse action taken against that nurse. 33 g. Take adverse action based on the factual findings of the remote 34 state, provided that the licensing board follows its own procedures for 35 taking such adverse action. 36 2. Adverse actions. a. If adverse action is taken by the home state 37 against a nurse's multistate license, the nurse's multistate licensure 38 privilege to practice in all other party states shall be deactivated 39 until all encumbrances have been removed from the multistate license. 40 All home state disciplinary orders that impose adverse action against a 41 nurse's multistate license shall include a statement that the nurse's 42 multistate licensure privilege is deactivated in all party states during 43 the pendency of the order. 44 b. Nothing in this compact shall override a party state's decision 45 that participation in an alternative program may be used in lieu of 46 adverse action. The home state licensing board shall deactivate the 47 multistate licensure privilege under the multistate license of any nurse 48 for the duration of the nurse's participation in an alternative program. 49 § 8906. Coordinated licensure information system and exchange of 50 information. 1. Coordinated licensure information system and exchange 51 of information. a. All party states shall participate in a coordinated 52 licensure information system of all licensed registered nurses (RNs) and 53 licensed practical/vocational nurses (LPNs/VNs). This system will 54 include information on the licensure and disciplinary history of each 55 nurse, as submitted by party states, to assist in the coordination of 56 nurse licensure and enforcement efforts.A. 3391 19 1 b. The commission, in consultation with the administrator of the coor- 2 dinated licensure information system, shall formulate necessary and 3 proper procedures for the identification, collection and exchange of 4 information under this compact. 5 c. All licensing boards shall promptly report to the coordinated 6 licensure information system any adverse action, any current significant 7 investigative information, denials of applications with the reasons for 8 such denials and nurse participation in alternative programs known to 9 the licensing board regardless of whether such participation is deemed 10 nonpublic or confidential under state law. 11 d. Current significant investigative information and participation in 12 nonpublic or confidential alternative programs shall be transmitted 13 through the coordinated licensure information system only to party state 14 licensing boards. 15 e. Notwithstanding any other provision of law, all party state licens- 16 ing boards contributing information to the coordinated licensure infor- 17 mation system may designate information that may not be shared with 18 non-party states or disclosed to other entities or individuals without 19 the express permission of the contributing state. 20 f. Any personally identifiable information obtained from the coordi- 21 nated licensure information system by a party state licensing board 22 shall not be shared with non-party states or disclosed to other entities 23 or individuals except to the extent permitted by the laws of the party 24 state contributing the information. 25 g. Any information contributed to the coordinated licensure informa- 26 tion system that is subsequently required to be expunged by the laws of 27 the party state contributing that information shall also be expunged 28 from the coordinated licensure information system. 29 h. The compact administrator of each party state shall furnish a 30 uniform data set to the compact administrator of each other party state, 31 which shall include, at a minimum: 32 i. Identifying information; 33 ii. Licensure data; 34 iii. Information related to alternative program participation; and 35 iv. Other information that may facilitate the administration of this 36 compact, as determined by commission rules. 37 i. The compact administrator of a party state shall provide all inves- 38 tigative documents and information requested by another party state. 39 § 8907. Establishment of the interstate commission of nurse licensure 40 compact administrators. 1. Commission of nurse licensure compact admin- 41 istrators. The party states hereby create and establish a joint public 42 entity known as the interstate commission of nurse licensure compact 43 administrators. The commission is an instrumentality of the party 44 states. 45 2. Venue. Venue is proper, and judicial proceedings by or against the 46 commission shall be brought solely and exclusively, in a court of compe- 47 tent jurisdiction where the principal office of the commission is 48 located. The commission may waive venue and jurisdictional defenses to 49 the extent it adopts or consents to participate in alternative dispute 50 resolution proceedings. 51 3. Sovereign immunity. Nothing in this compact shall be construed to 52 be a waiver of sovereign immunity. 53 4. Membership, voting and meetings. a. Each party state shall have and 54 be limited to one administrator. The head of the state licensing board 55 or designee shall be the administrator of this compact for each party 56 state. Any administrator may be removed or suspended from office asA. 3391 20 1 provided by the law of the state from which the administrator is 2 appointed. Any vacancy occurring in the commission shall be filled in 3 accordance with the laws of the party state in which the vacancy exists. 4 b. Each administrator shall be entitled to one vote with regard to the 5 promulgation of rules and creation of bylaws and shall otherwise have an 6 opportunity to participate in the business and affairs of the commis- 7 sion. An administrator shall vote in person or by such other means as 8 provided in the bylaws. The bylaws may provide for an administrator's 9 participation in meetings by telephone or other means of communication. 10 c. The commission shall meet at least once during each calendar year. 11 Additional meetings shall be held as set forth in the bylaws or rules of 12 the commission. 13 d. All meetings shall be open to the public, and public notice of 14 meetings shall be given in the same manner as required under the rule- 15 making provisions in section eighty-nine hundred three of this article. 16 5. Closed meetings. a. The commission may convene in a closed, nonpub- 17 lic meeting if the commission shall discuss: 18 i. Noncompliance of a party state with its obligations under this 19 compact; 20 ii. The employment, compensation, discipline or other personnel 21 matters, practices or procedures related to specific employees or other 22 matters related to the commission's internal personnel practices and 23 procedures; 24 iii. Current, threatened or reasonably anticipated litigation; 25 iv. Negotiation of contracts for the purchase or sale of goods, 26 services or real estate; 27 v. Accusing any person of a crime or formally censuring any person; 28 vi. Disclosure of trade secrets or commercial or financial information 29 that is privileged or confidential; 30 vii. Disclosure of information of a personal nature where disclosure 31 would constitute a clearly unwarranted invasion of personal privacy; 32 viii. Disclosure of investigatory records compiled for law enforcement 33 purposes; 34 ix. Disclosure of information related to any reports prepared by or on 35 behalf of the commission for the purpose of investigation of compliance 36 with this compact; or 37 x. Matters specifically exempted from disclosure by federal or state 38 statute. 39 b. If a meeting, or portion of a meeting, is closed pursuant to this 40 paragraph the commission's legal counsel or designee shall certify that 41 the meeting may be closed and shall reference each relevant exempting 42 provision. The commission shall keep minutes that fully and clearly 43 describe all matters discussed in a meeting and shall provide a full and 44 accurate summary of actions taken, and the reasons therefor, including a 45 description of the views expressed. All documents considered in 46 connection with an action shall be identified in such minutes. All 47 minutes and documents of a closed meeting shall remain under seal, 48 subject to release by a majority vote of the commission or order of a 49 court of competent jurisdiction. 50 c. The commission shall, by a majority vote of the administrators, 51 prescribe bylaws or rules to govern its conduct as may be necessary or 52 appropriate to carry out the purposes and exercise the powers of this 53 compact, including but not limited to: 54 i. Establishing the fiscal year of the commission; 55 ii. Providing reasonable standards and procedures: 56 (1) For the establishment and meetings of other committees; andA. 3391 21 1 (2) Governing any general or specific delegation of any authority or 2 function of the commission; 3 iii. Providing reasonable procedures for calling and conducting meet- 4 ings of the commission, ensuring reasonable advance notice of all meet- 5 ings and providing an opportunity for attendance of such meetings by 6 interested parties, with enumerated exceptions designed to protect the 7 public's interest, the privacy of individuals, and proprietary informa- 8 tion, including trade secrets. The commission may meet in closed session 9 only after a majority of the administrators vote to close a meeting in 10 whole or in part. As soon as practicable, the commission must make 11 public a copy of the vote to close the meeting revealing the vote of 12 each administrator, with no proxy votes allowed; 13 iv. Establishing the titles, duties and authority and reasonable 14 procedures for the election of the officers of the commission; 15 v. Providing reasonable standards and procedures for the establishment 16 of the personnel policies and programs of the commission. Notwithstand- 17 ing any civil service or other similar laws of any party state, the 18 bylaws shall exclusively govern the personnel policies and programs of 19 the commission; and 20 vi. Providing a mechanism for winding up the operations of the commis- 21 sion and the equitable disposition of any surplus funds that may exist 22 after the termination of this compact after the payment or reserving of 23 all of its debts and obligations. 24 6. General provisions. a. The commission shall publish its bylaws and 25 rules, and any amendments thereto, in a convenient form on the website 26 of the commission. 27 b. The commission shall maintain its financial records in accordance 28 with the bylaws. 29 c. The commission shall meet and take such actions as are consistent 30 with the provisions of this compact and the bylaws. 31 7. Powers of the commission. The commission shall have the following 32 powers: 33 a. To promulgate uniform rules to facilitate and coordinate implemen- 34 tation and administration of this compact. The rules shall have the 35 force and effect of law and shall be binding in all party states; 36 b. To bring and prosecute legal proceedings or actions in the name of 37 the commission, provided that the standing of any licensing board to sue 38 or be sued under applicable law shall not be affected; 39 c. To purchase and maintain insurance and bonds; 40 d. To borrow, accept or contract for services of personnel, including, 41 but not limited to, employees of a party state or nonprofit organiza- 42 tions; 43 e. To cooperate with other organizations that administer state 44 compacts related to the regulation of nursing, including but not limited 45 to sharing administrative or staff expenses, office space or other 46 resources; 47 f. To hire employees, elect or appoint officers, fix compensation, 48 define duties, grant such individuals appropriate authority to carry out 49 the purposes of this compact, and to establish the commission's person- 50 nel policies and programs relating to conflicts of interest, qualifica- 51 tions of personnel and other related personnel matters; 52 g. To accept any and all appropriate donations, grants and gifts of 53 money, equipment, supplies, materials and services, and to receive, 54 utilize and dispose of the same; provided that at all times the commis- 55 sion shall avoid any appearance of impropriety or conflict of interest;A. 3391 22 1 h. To lease, purchase, accept appropriate gifts or donations of, or 2 otherwise to own, hold, improve or use, any property, whether real, 3 personal or mixed; provided that at all times the commission shall avoid 4 any appearance of impropriety; 5 i. To sell, convey, mortgage, pledge, lease, exchange, abandon or 6 otherwise dispose of any property, whether real, personal or mixed; 7 j. To establish a budget and make expenditures; 8 k. To borrow money; 9 l. To appoint committees, including advisory committees comprised of 10 administrators, state nursing regulators, state legislators or their 11 representatives, and consumer representatives, and other such interested 12 persons; 13 m. To provide and receive information from, and to cooperate with, law 14 enforcement agencies; 15 n. To adopt and use an official seal; and 16 o. To perform such other functions as may be necessary or appropriate 17 to achieve the purposes of this compact consistent with the state regu- 18 lation of nurse licensure and practice. 19 8. Financing of the commission. a. The commission shall pay, or 20 provide for the payment of, the reasonable expenses of its establish- 21 ment, organization and ongoing activities. 22 b. The commission may also levy on and collect an annual assessment 23 from each party state to cover the cost of its operations, activities 24 and staff in its annual budget as approved each year. The aggregate 25 annual assessment amount, if any, shall be allocated based upon a formu- 26 la to be determined by the commission, which shall promulgate a rule 27 that is binding upon all party states. 28 c. The commission shall not incur obligations of any kind prior to 29 securing the funds adequate to meet the same; nor shall the commission 30 pledge the credit of any of the party states, except by, and with the 31 authority of, such party state. 32 d. The commission shall keep accurate accounts of all receipts and 33 disbursements. The receipts and disbursements of the commission shall be 34 subject to the audit and accounting procedures established under its 35 bylaws. However, all receipts and disbursements of funds handled by the 36 commission shall be audited yearly by a certified or licensed public 37 accountant, and the report of the audit shall be included in and become 38 part of the annual report of the commission. 39 9. Qualified immunity, defense and indemnification. a. The administra- 40 tors, officers, executive director, employees and representatives of the 41 commission shall be immune from suit and liability, either personally or 42 in their official capacity, for any claim for damage to or loss of prop- 43 erty or personal injury or other civil liability caused by or arising 44 out of any actual or alleged act, error or omission that occurred, or 45 that the person against whom the claim is made had a reasonable basis 46 for believing occurred, within the scope of the commission's employment, 47 duties or responsibilities; provided that nothing in this paragraph 48 shall be construed to protect any such person from suit or liability for 49 any damage, loss, injury or liability caused by the intentional, willful 50 or wanton misconduct of that person. 51 b. The commission shall defend any administrator, officer, executive 52 director, employee or representative of the commission in any civil 53 action seeking to impose liability arising out of any actual or alleged 54 act, error or omission that occurred within the scope of the commis- 55 sion's employment, duties or responsibilities, or that the person 56 against whom the claim is made had a reasonable basis for believingA. 3391 23 1 occurred within the scope of the commission's employment, duties or 2 responsibilities; provided that nothing herein shall be construed to 3 prohibit that person from retaining his or her own counsel; and provided 4 further that the actual or alleged act, error or omission did not result 5 from that person's intentional, willful or wanton misconduct. 6 c. The commission shall indemnify and hold harmless any administrator, 7 officer, executive director, employee or representative of the commis- 8 sion for the amount of any settlement or judgment obtained against that 9 person arising out of any actual or alleged act, error or omission that 10 occurred within the scope of the commission's employment, duties or 11 responsibilities, or that such person had a reasonable basis for believ- 12 ing occurred within the scope of the commission's employment, duties or 13 responsibilities, provided that the actual or alleged act, error or 14 omission did not result from the intentional, willful or wanton miscon- 15 duct of that person. 16 § 8908. Rulemaking. 1. Rulemaking. a. The commission shall exercise 17 its rulemaking powers pursuant to the criteria set forth in this article 18 and the rules adopted thereunder. Rules and amendments shall become 19 binding as of the date specified in each rule or amendment and shall 20 have the same force and effect as provisions of this compact. 21 b. Rules or amendments to the rules shall be adopted at a regular or 22 special meeting of the commission. 23 2. Notice. a. Prior to promulgation and adoption of a final rule or 24 rules by the commission, and at least sixty days in advance of the meet- 25 ing at which the rule will be considered and voted upon, the commission 26 shall file a notice of proposed rulemaking: 27 i. On the website of the commission; and 28 ii. On the website of each licensing board or the publication in which 29 each state would otherwise publish proposed rules. 30 b. The notice of proposed rulemaking shall include: 31 i. The proposed time, date and location of the meeting in which the 32 rule will be considered and voted upon; 33 ii. The text of the proposed rule or amendment, and the reason for the 34 proposed rule; 35 iii. A request for comments on the proposed rule from any interested 36 person; and 37 iv. The manner in which interested persons may submit notice to the 38 commission of their intention to attend the public hearing and any writ- 39 ten comments. 40 c. Prior to adoption of a proposed rule, the commission shall allow 41 persons to submit written data, facts, opinions and arguments, which 42 shall be made available to the public. 43 3. Public hearings on rules. a. The commission shall grant an opportu- 44 nity for a public hearing before it adopts a rule or amendment. 45 b. The commission shall publish the place, time and date of the sched- 46 uled public hearing. 47 i. Hearings shall be conducted in a manner providing each person who 48 wishes to comment a fair and reasonable opportunity to comment orally or 49 in writing. All hearings will be recorded, and a copy will be made 50 available upon request. 51 ii. Nothing in this section shall be construed as requiring a separate 52 hearing on each rule. Rules may be grouped for the convenience of the 53 commission at hearings required by this section. 54 c. If no one appears at the public hearing, the commission may proceed 55 with promulgation of the proposed rule.A. 3391 24 1 d. Following the scheduled hearing date, or by the close of business 2 on the scheduled hearing date if the hearing was not held, the commis- 3 sion shall consider all written and oral comments received. 4 4. Voting on rules. The commission shall, by majority vote of all 5 administrators, take final action on the proposed rule and shall deter- 6 mine the effective date of the rule, if any, based on the rulemaking 7 record and the full text of the rule. 8 5. Emergency rules. Upon determination that an emergency exists, the 9 commission may consider and adopt an emergency rule without prior 10 notice, opportunity for comment or hearing, provided that the usual 11 rulemaking procedures provided in this compact and in this section shall 12 be retroactively applied to the rule as soon as reasonably possible, in 13 no event later than ninety days after the effective date of the rule. 14 For the purposes of this provision, an emergency rule is one that must 15 be adopted immediately in order to: 16 a. Meet an imminent threat to public health, safety or welfare; 17 b. Prevent a loss of the commission or party state funds; or 18 c. Meet a deadline for the promulgation of an administrative rule that 19 is required by federal law or rule. 20 6. Revisions. The commission may direct revisions to a previously 21 adopted rule or amendment for purposes of correcting typographical 22 errors, errors in format, errors in consistency or grammatical errors. 23 Public notice of any revisions shall be posted on the website of the 24 commission. The revision shall be subject to challenge by any person for 25 a period of thirty days after posting. The revision may be challenged 26 only on grounds that the revision results in a material change to a 27 rule. A challenge shall be made in writing, and delivered to the 28 commission, prior to the end of the notice period. If no challenge is 29 made, the revision will take effect without further action. If the 30 revision is challenged, the revision may not take effect without the 31 approval of the commission. 32 § 8909. Oversight, dispute resolution and enforcement. 1. Oversight. 33 a. Each party state shall enforce this compact and take all actions 34 necessary and appropriate to effectuate this compact's purposes and 35 intent. 36 b. The commission shall be entitled to receive service of process in 37 any proceeding that may affect the powers, responsibilities or actions 38 of the commission, and shall have standing to intervene in such a 39 proceeding for all purposes. Failure to provide service of process in 40 such proceeding to the commission shall render a judgment or order void 41 as to the commission, this compact or promulgated rules. 42 2. Default, technical assistance and termination. a. If the commission 43 determines that a party state has defaulted in the performance of its 44 obligations or responsibilities under this compact or the promulgated 45 rules, the commission shall: 46 i. Provide written notice to the defaulting state and other party 47 states of the nature of the default, the proposed means of curing the 48 default or any other action to be taken by the commission; and 49 ii. Provide remedial training and specific technical assistance 50 regarding the default. 51 b. If a state in default fails to cure the default, the defaulting 52 state's membership in this compact may be terminated upon an affirmative 53 vote of a majority of the administrators, and all rights, privileges and 54 benefits conferred by this compact may be terminated on the effective 55 date of termination. A cure of the default does not relieve the offend-A. 3391 25 1 ing state of obligations or liabilities incurred during the period of 2 default. 3 c. Termination of membership in this compact shall be imposed only 4 after all other means of securing compliance have been exhausted. Notice 5 of intent to suspend or terminate shall be given by the commission to 6 the governor of the defaulting state and to the executive officer of the 7 defaulting state's licensing board and each of the party states. 8 d. A state whose membership in this compact has been terminated is 9 responsible for all assessments, obligations and liabilities incurred 10 through the effective date of termination, including obligations that 11 extend beyond the effective date of termination. 12 e. The commission shall not bear any costs related to a state that is 13 found to be in default or whose membership in this compact has been 14 terminated unless agreed upon in writing between the commission and the 15 defaulting state. 16 f. The defaulting state may appeal the action of the commission by 17 petitioning the U.S. District Court for the District of Columbia or the 18 federal district in which the commission has its principal offices. The 19 prevailing party shall be awarded all costs of such litigation, includ- 20 ing reasonable attorneys' fees. 21 3. Dispute resolution. a. Upon request by a party state, the commis- 22 sion shall attempt to resolve disputes related to the compact that arise 23 among party states and between party and non-party states. 24 b. The commission shall promulgate a rule providing for both mediation 25 and binding dispute resolution for disputes, as appropriate. 26 c. In the event the commission cannot resolve disputes among party 27 states arising under this compact: 28 i. The party states may submit the issues in dispute to an arbitration 29 panel, which will be comprised of individuals appointed by the compact 30 administrator in each of the affected party states, and an individual 31 mutually agreed upon by the compact administrators of all the party 32 states involved in the dispute. 33 ii. The decision of a majority of the arbitrators shall be final and 34 binding. 35 4. Enforcement. a. The commission, in the reasonable exercise of its 36 discretion, shall enforce the provisions and rules of this compact. 37 b. By majority vote, the commission may initiate legal action in the 38 U.S. District Court for the District of Columbia or the federal 39 district in which the commission has its principal offices against a 40 party state that is in default to enforce compliance with the provisions 41 of this compact and its promulgated rules and bylaws. The relief sought 42 may include both injunctive relief and damages. In the event judicial 43 enforcement is necessary, the prevailing party shall be awarded all 44 costs of such litigation, including reasonable attorneys' fees. 45 c. The remedies herein shall not be the exclusive remedies of the 46 commission. The commission may pursue any other remedies available under 47 federal or state law. 48 § 8910. Effective date, withdrawal and amendment. 1. Effective date. 49 a. This compact shall become effective and binding on the earlier of 50 the date of legislative enactment of this compact into law by no less 51 than twenty-six states or the effective date of the chapter of the laws 52 that enacted this compact. Thereafter, the compact shall become effec- 53 tive and binding as to any other compacting state upon enactment of the 54 compact into law by that state. All party states to this compact, that 55 also were parties to the prior nurse licensure compact, superseded by 56 this compact, (herein referred to as "prior compact"), shall be deemedA. 3391 26 1 to have withdrawn from said prior compact within six months after the 2 effective date of this compact. 3 b. Each party state to this compact shall continue to recognize a 4 nurse's multistate licensure privilege to practice in that party state 5 issued under the prior compact until such party state has withdrawn from 6 the prior compact. 7 2. Withdrawal. a. Any party state may withdraw from this compact by 8 enacting a statute repealing the same. A party state's withdrawal shall 9 not take effect until six months after enactment of the repealing stat- 10 ute. 11 b. A party state's withdrawal or termination shall not affect the 12 continuing requirement of the withdrawing or terminated state's licens- 13 ing board to report adverse actions and significant investigations 14 occurring prior to the effective date of such withdrawal or termination. 15 c. Nothing contained in this compact shall be construed to invalidate 16 or prevent any nurse licensure agreement or other cooperative arrange- 17 ment between a party state and a non-party state that is made in accord- 18 ance with the other provisions of this compact. 19 3. Amendment. a. This compact may be amended by the party states. No 20 amendment to this compact shall become effective and binding upon the 21 party states unless and until it is enacted into the laws of all party 22 states. 23 b. Representatives of non-party states to this compact shall be 24 invited to participate in the activities of the commission, on a nonvot- 25 ing basis, prior to the adoption of this compact by all states. 26 § 8911. Construction and severability. 1. Construction and severabil- 27 ity. This compact shall be liberally construed so as to effectuate the 28 purposes thereof. The provisions of this compact shall be severable, and 29 if any phrase, clause, sentence or provision of this compact is declared 30 to be contrary to the constitution of any party state or of the United 31 States, or if the applicability thereof to any government, agency, 32 person or circumstance is held to be invalid, the validity of the 33 remainder of this compact and the applicability thereof to any govern- 34 ment, agency, person or circumstance shall not be affected thereby. If 35 this compact shall be held to be contrary to the constitution of any 36 party state, this compact shall remain in full force and effect as to 37 the remaining party states and in full force and effect as to the party 38 state affected as to all severable matters. 39 § 3. This act shall take effect immediately. Effective immediately, 40 the addition, amendment and/or repeal of any rule or regulation neces- 41 sary for the implementation of this act on its effective date are 42 authorized to be made and completed on or before such effective date.
