Bill Text: IA HF394 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the nurse licensure compact, including provisions for assessments against party states, and including effective date provisions. (Formerly HSB 98.)
Sponsorship: Committee Bill
Status: (Introduced - Dead) 2017-04-04 - Withdrawn. H.J. 863. [HF394 Detail]
Download: Iowa-2017-HF394-Introduced.html
House File 394 - Introduced HOUSE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HSB 98) A BILL FOR 1 An Act relating to the nurse licensure compact, including 2 provisions for assessments against party states, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1078HV (1) 87 tr/nh PAG LIN 1 1 Section 1. Section 152E.1, Code 2017, is amended by striking 1 2 the section and inserting in lieu thereof the following: 1 3 152E.1 Form of compact. 1 4 1. Article I == Findings and declaration of purpose. 1 5 a. The party states find that: 1 6 (1) The health and safety of the public are affected by the 1 7 degree of compliance with and the effectiveness of enforcement 1 8 activities related to state nurse licensure laws. 1 9 (2) Violations of nurse licensure and other laws regulating 1 10 the practice of nursing may result in injury or harm to the 1 11 public. 1 12 (3) The expanded mobility of nurses and the use of advanced 1 13 communication technologies as part of our nation's health care 1 14 delivery system require greater coordination and cooperation 1 15 among states in the areas of nurse licensure and regulation. 1 16 (4) New practice modalities and technology make compliance 1 17 with individual state nurse licensure laws difficult and 1 18 complex. 1 19 (5) The current system of duplicative licensure for nurses 1 20 practicing in multiple states is cumbersome and redundant for 1 21 both nurses and states. 1 22 (6) Uniformity of nurse licensure requirements throughout 1 23 the states promotes public safety and public health benefits. 1 24 b. The general purposes of this compact are to: 1 25 (1) Facilitate the states' responsibility to protect the 1 26 public's health and safety. 1 27 (2) Ensure and encourage the cooperation of party states in 1 28 the areas of nurse licensure and regulation. 1 29 (3) Facilitate the exchange of information between party 1 30 states in the areas of nurse regulation, investigation, and 1 31 adverse actions. 1 32 (4) Promote compliance with the laws governing the practice 1 33 of nursing in each jurisdiction. 1 34 (5) Invest all party states with the authority to hold 1 35 a nurse accountable for meeting all state practice laws in 2 1 the state in which the patient is located at the time care 2 2 is rendered through the mutual recognition of party state 2 3 licenses. 2 4 (6) Decrease redundancies in the consideration and issuance 2 5 of nurse licenses. 2 6 (7) Provide opportunities for interstate practice by nurses 2 7 who meet uniform licensure requirements. 2 8 2. Article II == Definitions. As used in this compact: 2 9 a. "Adverse action" means any administrative, civil, 2 10 equitable, or criminal action permitted by a state's laws which 2 11 is imposed by a licensing board or other authority against a 2 12 nurse, including actions against an individual's license or 2 13 multistate licensure privilege such as revocation, suspension, 2 14 probation, monitoring of the licensee, limitation on the 2 15 licensee's practice, or any other encumbrance on licensure 2 16 affecting a nurse's authorization to practice, including 2 17 issuance of a cease and desist action. 2 18 b. "Alternative program" means a nondisciplinary monitoring 2 19 program approved by a licensing board. 2 20 c. "Coordinated licensure information system" means an 2 21 integrated process for collecting, storing, and sharing 2 22 information on nurse licensure and enforcement activities 2 23 related to nurse licensure laws that is administered by a 2 24 nonprofit organization composed of and controlled by licensing 2 25 boards. 2 26 d. "Current significant investigative information" means 2 27 either of the following: 2 28 (1) Investigative information that a licensing board, 2 29 after a preliminary inquiry that includes notification and an 2 30 opportunity for the nurse to respond, if required by state law, 2 31 has reason to believe is not groundless and, if proved true, 2 32 would indicate more than a minor infraction. 2 33 (2) Investigative information that indicates that the nurse 2 34 represents an immediate threat to public health and safety 2 35 regardless of whether the nurse has been notified and had an 3 1 opportunity to respond. 3 2 e. "Encumbrance" means a revocation or suspension of, or any 3 3 limitation on, the full and unrestricted practice of nursing 3 4 imposed by a licensing board. 3 5 f. "Home state" means the party state which is the nurse's 3 6 primary state of residence. 3 7 g. "Licensing board" means a party state's regulatory body 3 8 responsible for issuing nurse licenses. 3 9 h. "Multistate license" means a license to practice as a 3 10 registered or a licensed practical or vocational nurse issued 3 11 by a home state licensing board that authorizes the licensed 3 12 nurse to practice in all party states under a multistate 3 13 licensure privilege. 3 14 i. "Multistate licensure privilege" means a legal 3 15 authorization associated with a multistate license permitting 3 16 the practice of nursing as either a registered nurse or a 3 17 licensed practical or vocational nurse in a remote state. 3 18 j. "Nurse" means a registered nurse or licensed practical 3 19 or vocational nurse, as those terms are defined by each party 3 20 state's practice laws. 3 21 k. "Party state" means any state that has adopted this 3 22 compact. 3 23 l. "Remote state" means a party state other than the home 3 24 state. 3 25 m. "Single=state license" means a nurse license issued by a 3 26 party state that authorizes practice only within the issuing 3 27 state and does not include a multistate licensure privilege to 3 28 practice in any other party state. 3 29 n. "State" means a state, territory, or possession of the 3 30 United States and the District of Columbia. 3 31 o. "State practice laws" means a party state's laws, 3 32 rules, and regulations that govern the practice of nursing, 3 33 define the scope of nursing practice, and create the methods 3 34 and grounds for imposing discipline. "State practice laws" 3 35 does not include the initial qualifications for licensure or 4 1 requirements necessary to obtain and retain a license, except 4 2 for qualifications or requirements of the home state. 4 3 3. Article III == General provisions and jurisdiction. 4 4 a. A multistate license to practice registered or licensed 4 5 practical or vocational nursing issued by a home state to a 4 6 resident in that state will be recognized by each party state 4 7 as authorizing a nurse to practice as a registered nurse or as 4 8 a licensed practical or vocational nurse, under a multistate 4 9 licensure privilege, in each party state. 4 10 b. A state must implement procedures for considering the 4 11 criminal history records of applicants for initial multistate 4 12 license or licensure by endorsement. Such procedures shall 4 13 include the submission of fingerprints or other biometric=based 4 14 information by applicants for the purpose of obtaining an 4 15 applicant's criminal history record information from the 4 16 federal bureau of investigation and the agency responsible for 4 17 retaining that state's criminal records. 4 18 c. Each party state shall require all of the following for 4 19 an applicant to obtain or retain a multistate license in the 4 20 home state: 4 21 (1) Meets the home state's qualifications for licensure or 4 22 renewal of licensure, as well as all other applicable state 4 23 laws. 4 24 (2) Either of the following: 4 25 (a) Has graduated or is eligible to graduate from a 4 26 licensing board=approved registered nurse or licensed practical 4 27 or vocational nurse prelicensure education program. 4 28 (b) Has graduated from a foreign registered nurse or 4 29 licensed practical or vocational nurse prelicensure program 4 30 that meets both of the following requirements: 4 31 (i) Has been approved by the authorized accrediting body in 4 32 the applicable country. 4 33 (ii) Has been verified by an independent credentials 4 34 review agency to be comparable to a licensing board=approved 4 35 prelicensure education program. 5 1 (3) Has, if a graduate of a foreign prelicensure education 5 2 program not taught in English or if English is not the 5 3 individual's native language, successfully passed an English 5 4 proficiency examination that includes the components of 5 5 reading, speaking, writing, and listening. 5 6 (4) Has successfully passed a national council licensure 5 7 examination == registered nurse or national council licensure 5 8 examination == practical nurse examination or recognized 5 9 predecessor, as applicable. 5 10 (5) Is eligible for or holds an active, unencumbered 5 11 license. 5 12 (6) Has submitted in connection with an application for 5 13 initial licensure or licensure by endorsement, fingerprints 5 14 or other biometric data for the purpose of obtaining criminal 5 15 history record information from the federal bureau of 5 16 investigation and the agency responsible for retaining that 5 17 state's criminal records. 5 18 (7) Has not been convicted or found guilty, or has 5 19 entered into an agreed disposition, of a felony offense under 5 20 applicable state or federal criminal law. 5 21 (8) Has not been convicted or found guilty, or has entered 5 22 into an agreed disposition, of a misdemeanor offense related to 5 23 the practice of nursing as determined on a case=by=case basis. 5 24 (9) Is not currently enrolled in an alternative program. 5 25 (10) Is subject to self=disclosure requirements regarding 5 26 current participation in an alternative program. 5 27 (11) Has a valid United States social security number. 5 28 d. All party states shall be authorized, in accordance 5 29 with existing state due process law, to take adverse action 5 30 against a nurse's multistate licensure privilege such as 5 31 revocation, suspension, probation, or any other action that 5 32 affects a nurse's authorization to practice under a multistate 5 33 licensure privilege, including cease and desist actions. If 5 34 a party state takes such action, it shall promptly notify the 5 35 administrator of the coordinated licensure information system. 6 1 The administrator of the coordinated licensure information 6 2 system shall promptly notify the home state of any such actions 6 3 by remote states. 6 4 e. A nurse practicing in a party state must comply with the 6 5 state practice laws of the state in which the client is located 6 6 at the time service is provided. The practice of nursing is 6 7 not limited to patient care, but shall include all nursing 6 8 practice as defined by the state practice laws of the party 6 9 state in which the client is located. The practice of nursing 6 10 in a party state under a multistate licensure privilege will 6 11 subject a nurse to the jurisdiction of the licensing board, the 6 12 courts, and the laws of the party state in which the client is 6 13 located at the time service is provided. 6 14 f. Individuals not residing in a party state shall continue 6 15 to be able to apply for a party state's single=state license 6 16 as provided under the laws of each party state. However, the 6 17 single=state license granted to these individuals will not be 6 18 recognized as granting the privilege to practice nursing in any 6 19 other party state. Nothing in this compact shall affect the 6 20 requirements established by a party state for the issuance of 6 21 a single=state license. 6 22 g. Any nurse holding a home state multistate license on 6 23 the effective date of this compact may retain and renew the 6 24 multistate license issued by the nurse's then=current home 6 25 state, provided that: 6 26 (1) A nurse who changes primary state of residence after 6 27 this compact's effective date must meet all applicable 6 28 requirements in article III, paragraph "c", to obtain a 6 29 multistate license from a new home state. 6 30 (2) A nurse who fails to satisfy the multistate licensure 6 31 requirements in article III, paragraph "c", due to a 6 32 disqualifying event occurring after this compact's effective 6 33 date shall be ineligible to retain or renew a multistate 6 34 license, and the nurse's multistate license shall be revoked or 6 35 deactivated in accordance with applicable rules adopted by the 7 1 commission. 7 2 4. Article IV == Applications for licensure in a party state. 7 3 a. Upon application for a multistate license, the licensing 7 4 board in the issuing party state shall ascertain, through the 7 5 coordinated licensure information system, whether the applicant 7 6 has ever held, or is the holder of, a license issued by any 7 7 other state, whether there are any encumbrances on any license 7 8 or multistate licensure privilege held by the applicant, 7 9 whether any adverse action has been taken against any license 7 10 or multistate licensure privilege held by the applicant 7 11 and whether the applicant is currently participating in an 7 12 alternative program. 7 13 b. A nurse may hold a multistate license, issued by the home 7 14 state, in only one party state at a time. 7 15 c. If a nurse changes primary state of residence by moving 7 16 between two party states, the nurse must apply for licensure 7 17 in the new home state, and the multistate license issued by 7 18 the prior home state will be deactivated in accordance with 7 19 applicable rules adopted by the commission. 7 20 (1) The nurse may apply for licensure in advance of a change 7 21 in the primary state of residence. 7 22 (2) A multistate license shall not be issued by the new 7 23 home state until the nurse provides satisfactory evidence of a 7 24 change in primary state of residence to the new home state and 7 25 satisfies all applicable requirements to obtain a multistate 7 26 license from the new home state. 7 27 d. If a nurse changes primary state of residence by moving 7 28 from a party state to a nonparty state, the multistate license 7 29 issued by the prior home state will convert to a single=state 7 30 license, valid only in the former home state. 7 31 5. Article V == Additional authorities invested in party 7 32 state licensing boards. 7 33 a. In addition to the other powers conferred by state law, 7 34 a licensing board shall have the authority to do all of the 7 35 following: 8 1 (1) Take adverse action against a nurse's multistate 8 2 licensure privilege to practice within that party state. 8 3 (a) Only the home state shall have the power to take adverse 8 4 action against a nurse's license issued by the home state. 8 5 (b) For purposes of taking adverse action, the home state 8 6 licensing board shall give the same priority and effect to 8 7 reported conduct received from a remote state as it would if 8 8 such conduct had occurred within the home state. In so doing, 8 9 the home state shall apply its own state laws to determine 8 10 appropriate action. 8 11 (2) Issue cease and desist orders or impose an encumbrance 8 12 on a nurse's authority to practice within that party state. 8 13 (3) Complete any pending investigations of a nurse who 8 14 changes primary state of residence during the course of such 8 15 investigations. The licensing board shall also have the 8 16 authority to take appropriate action and shall promptly report 8 17 the conclusions of such investigations to the administrator 8 18 of the coordinated licensure information system. The 8 19 administrator of the coordinated licensure information system 8 20 shall promptly notify the new home state of any such actions. 8 21 (4) Issue subpoenas for both hearings and investigations 8 22 that require the attendance and testimony of witnesses, as well 8 23 as the production of evidence. Subpoenas issued by a licensing 8 24 board in a party state for the attendance and testimony of 8 25 witnesses or the production of evidence from another party 8 26 state shall be enforced in the latter state by any court of 8 27 competent jurisdiction, according to the practice and procedure 8 28 of that court applicable to subpoenas issued in proceedings 8 29 pending before it. The issuing authority shall pay any witness 8 30 fees, travel expenses, mileage, and other fees required by 8 31 the service statutes of the state in which the witnesses or 8 32 evidence are located. 8 33 (5) Obtain and submit, for each nurse licensure applicant, 8 34 fingerprint or other biometric=based information to the federal 8 35 bureau of investigation for criminal background checks, receive 9 1 the results of the federal bureau of investigation record 9 2 search on criminal background checks, and use the results in 9 3 making licensure decisions. 9 4 (6) If otherwise permitted by state law, recover from the 9 5 affected nurse the costs of investigations and disposition of 9 6 cases resulting from any adverse action taken against that 9 7 nurse. 9 8 (7) Take adverse action based on the factual findings of the 9 9 remote state, provided that the licensing board follows its own 9 10 procedures for taking such adverse action. 9 11 b. If adverse action is taken by the home state against a 9 12 nurse's multistate license, the nurse's multistate licensure 9 13 privilege to practice in all other party states shall be 9 14 deactivated until all encumbrances have been removed from the 9 15 multistate license. All home state disciplinary orders that 9 16 impose adverse action against a nurse's multistate license 9 17 shall include a statement that the nurse's multistate licensure 9 18 privilege is deactivated in all party states during the 9 19 pendency of the order. 9 20 c. Nothing in this compact shall override a party state's 9 21 decision that participation in an alternative program may be 9 22 used in lieu of adverse action. The home state licensing board 9 23 shall deactivate the multistate licensure privilege under the 9 24 multistate license of any nurse for the duration of the nurse's 9 25 participation in an alternative program. 9 26 6. Article VI == Coordinated licensure information system and 9 27 exchange of information. 9 28 a. All party states shall participate in a coordinated 9 29 licensure information system of all licensed registered nurses 9 30 and licensed practical or vocational nurses. This system will 9 31 include information on the licensure and disciplinary history 9 32 of each nurse, as submitted by party states, to assist in the 9 33 coordination of nurse licensure and enforcement efforts. 9 34 b. The commission, in consultation with the administrator of 9 35 the coordinated licensure information system, shall formulate 10 1 necessary and proper procedures for the identification, 10 2 collection, and exchange of information under this compact. 10 3 c. All licensing boards shall promptly report to the 10 4 coordinated licensure information system any adverse action, 10 5 any current significant investigative information, denials 10 6 of applications with the reasons for such denials and nurse 10 7 participation in alternative programs known to the licensing 10 8 board regardless of whether such participation is deemed 10 9 nonpublic or confidential under state law. 10 10 d. Current significant investigative information and 10 11 participation in nonpublic or confidential alternative 10 12 programs shall be transmitted through the coordinated licensure 10 13 information system only to party state licensing boards. 10 14 e. Notwithstanding any other provision of law, all 10 15 party state licensing boards contributing information to 10 16 the coordinated licensure information system may designate 10 17 information that may not be shared with nonparty states or 10 18 disclosed to other entities or individuals without the express 10 19 permission of the contributing state. 10 20 f. Any personally identifiable information obtained from 10 21 the coordinated licensure information system by a party state 10 22 licensing board shall not be shared with nonparty states or 10 23 disclosed to other entities or individuals except to the extent 10 24 permitted by the laws of the party state contributing the 10 25 information. 10 26 g. Any information contributed to the coordinated licensure 10 27 information system that is subsequently required to be expunged 10 28 by the laws of the party state contributing that information 10 29 shall also be expunged from the coordinated licensure 10 30 information system. 10 31 h. The compact administrator of each party state shall 10 32 furnish a uniform data set to the compact administrator of each 10 33 other party state, which shall include but not be limited to 10 34 the following: 10 35 (1) Identifying information. 11 1 (2) Licensure data. 11 2 (3) Information related to alternative program 11 3 participation. 11 4 (4) Other information that may facilitate the 11 5 administration of this compact, as determined by commission 11 6 rules. 11 7 i. The compact administrator of a party state shall provide 11 8 all investigative documents and information requested by 11 9 another party state. 11 10 7. Article VII == Establishment of the interstate commission 11 11 of nurse licensure compact administrators. 11 12 a. The party states hereby create and establish a joint 11 13 public entity known as the interstate commission of nurse 11 14 licensure compact administrators. 11 15 (1) The commission is an instrumentality of the party 11 16 states. 11 17 (2) Venue is proper, and judicial proceedings by or against 11 18 the commission shall be brought solely and exclusively, in a 11 19 court of competent jurisdiction where the principal office of 11 20 the commission is located. The commission may waive venue and 11 21 jurisdictional defenses to the extent it adopts or consents to 11 22 participate in alternative dispute resolution proceedings. 11 23 (3) Nothing in this compact shall be construed to be a 11 24 waiver of sovereign immunity. 11 25 b. Membership, voting, and meetings. 11 26 (1) Each party state shall have and be limited to one 11 27 administrator. The head of the state licensing board or 11 28 designee shall be the administrator of this compact for each 11 29 party state. Any administrator may be removed or suspended 11 30 from office as provided by the law of the state from which 11 31 the administrator is appointed. Any vacancy occurring in the 11 32 commission shall be filled in accordance with the laws of the 11 33 party state in which the vacancy exists. 11 34 (2) Each administrator shall be entitled to one vote with 11 35 regard to the promulgation of rules and creation of bylaws 12 1 and shall otherwise have an opportunity to participate in the 12 2 business and affairs of the commission. An administrator 12 3 shall vote in person or by such other means as provided in 12 4 the bylaws. The bylaws may provide for an administrator's 12 5 participation in meetings by telephone or other means of 12 6 communication. 12 7 (3) The commission shall meet at least once during each 12 8 calendar year. Additional meetings shall be held as set forth 12 9 in the bylaws or rules of the commission. 12 10 (4) All meetings shall be open to the public, and public 12 11 notice of meetings shall be given in the same manner as 12 12 required under the rulemaking provisions in article VIII. 12 13 (5) The commission may convene in a closed, nonpublic 12 14 meeting if the commission must discuss any of the following: 12 15 (a) Noncompliance of a party state with its obligations 12 16 under this compact. 12 17 (b) The employment, compensation, discipline, or other 12 18 personnel matters, practices, or procedures related to specific 12 19 employees or other matters related to the commission's internal 12 20 personnel practices and procedures. 12 21 (c) Current, threatened, or reasonably anticipated 12 22 litigation. 12 23 (d) Negotiation of contracts for the purchase or sale of 12 24 goods, services, or real estate. 12 25 (e) Accusing any person of a crime or formally censuring any 12 26 person. 12 27 (f) Disclosure of trade secrets or commercial or financial 12 28 information that is privileged or confidential. 12 29 (g) Disclosure of information of a personal nature where 12 30 disclosure would constitute a clearly unwarranted invasion of 12 31 personal privacy. 12 32 (h) Disclosure of investigatory records compiled for law 12 33 enforcement purposes. 12 34 (i) Disclosure of information related to any reports 12 35 prepared by or on behalf of the commission for the purpose of 13 1 investigation of compliance with this compact. 13 2 (j) Matters specifically exempted from disclosure by 13 3 federal or state statute. 13 4 (6) If a meeting, or portion of a meeting, is closed 13 5 pursuant to this provision, the commission's legal counsel or 13 6 designee shall certify that the meeting may be closed and shall 13 7 reference each relevant exempting provision. The commission 13 8 shall keep minutes that fully and clearly describe all matters 13 9 discussed in a meeting and shall provide a full and accurate 13 10 summary of actions taken, and the reasons therefor, including a 13 11 description of the views expressed. All documents considered 13 12 in connection with an action shall be identified in such 13 13 minutes. All minutes and documents of a closed meeting shall 13 14 remain under seal, subject to release by a majority vote of the 13 15 commission or order of a court of competent jurisdiction. 13 16 c. The commission shall, by a majority vote of the 13 17 administrators, prescribe bylaws or rules to govern its conduct 13 18 as may be necessary or appropriate to carry out the purposes 13 19 and exercise the powers of this compact, including but not 13 20 limited to any of the following: 13 21 (1) Establishing the fiscal year of the commission. 13 22 (2) Providing reasonable standards and procedures for both 13 23 of the following: 13 24 (a) The establishment and meetings of other committees. 13 25 (b) Governing any general or specific delegation of any 13 26 authority or function of the commission. 13 27 (3) Providing reasonable procedures for calling and 13 28 conducting meetings of the commission, ensuring reasonable 13 29 advance notice of all meetings, and providing an opportunity 13 30 for attendance of such meetings by interested parties, 13 31 with enumerated exceptions designed to protect the public's 13 32 interest, the privacy of individuals, and proprietary 13 33 information, including trade secrets. The commission may meet 13 34 in closed session only after a majority of the administrators 13 35 vote to close a meeting in whole or in part. As soon as 14 1 practicable, the commission must make public a copy of the vote 14 2 to close the meeting revealing the vote of each administrator, 14 3 with no proxy votes allowed. 14 4 (4) Establishing the titles, duties, and authority and 14 5 reasonable procedures for the election of the officers of the 14 6 commission. 14 7 (5) Providing reasonable standards and procedures for the 14 8 establishment of the personnel policies and programs of the 14 9 commission. Notwithstanding any civil service or other similar 14 10 laws of any party state, the bylaws shall exclusively govern 14 11 the personnel policies and programs of the commission. 14 12 (6) Providing a mechanism for winding up the operations 14 13 of the commission and the equitable disposition of any 14 14 surplus funds that may exist after the termination of this 14 15 compact after the payment or reserving of all of its debts and 14 16 obligations. 14 17 d. The commission shall publish its bylaws and rules, and 14 18 any amendments thereto, in a convenient form on the internet 14 19 site of the commission. 14 20 e. The commission shall maintain its financial records in 14 21 accordance with the bylaws. 14 22 f. The commission shall meet and take such actions as are 14 23 consistent with the provisions of this compact and the bylaws. 14 24 g. The commission shall have the following powers: 14 25 (1) To promulgate uniform rules to facilitate and 14 26 coordinate implementation and administration of this compact. 14 27 The rules shall have the force and effect of law and shall be 14 28 binding in all party states. 14 29 (2) To bring and prosecute legal proceedings or actions in 14 30 the name of the commission, provided that the standing of any 14 31 licensing board to sue or be sued under applicable law shall 14 32 not be affected. 14 33 (3) To purchase and maintain insurance and bonds. 14 34 (4) To borrow, accept, or contract for services of 14 35 personnel, including but not limited to employees of a party 15 1 state or nonprofit organizations. 15 2 (5) To cooperate with other organizations that administer 15 3 state compacts related to the regulation of nursing, including 15 4 but not limited to sharing administrative or staff expenses, 15 5 office space or other resources. 15 6 (6) To hire employees, elect or appoint officers, fix 15 7 compensation, define duties, grant such individuals appropriate 15 8 authority to carry out the purposes of this compact, and to 15 9 establish the commission's personnel policies and programs 15 10 relating to conflicts of interest, qualifications of personnel, 15 11 and other related personnel matters. 15 12 (7) To accept any and all appropriate donations, grants and 15 13 gifts of money, equipment, supplies, materials, and services, 15 14 and to receive, utilize, and dispose of the same; provided 15 15 that at all times the commission shall avoid any appearance of 15 16 impropriety or conflict of interest. 15 17 (8) To lease, purchase, accept appropriate gifts or 15 18 donations of, or otherwise to own, hold, improve, or use, any 15 19 property, whether real, personal, or mixed; provided that 15 20 at all times the commission shall avoid any appearance of 15 21 impropriety. 15 22 (9) To sell, convey, mortgage, pledge, lease, exchange, 15 23 abandon, or otherwise dispose of any property, whether real, 15 24 personal, or mixed. 15 25 (10) To establish a budget and make expenditures. 15 26 (11) To borrow money. 15 27 (12) To appoint committees, including advisory committees 15 28 comprised of administrators, state nursing regulators, 15 29 state legislators or their representatives, and consumer 15 30 representatives, and other such interested persons. 15 31 (13) To provide and receive information from, and to 15 32 cooperate with, law enforcement agencies. 15 33 (14) To adopt and use an official seal. 15 34 (15) To perform such other functions as may be necessary or 15 35 appropriate to achieve the purposes of this compact consistent 16 1 with the state regulation of nurse licensure and practice. 16 2 h. Financing of the commission. 16 3 (1) The commission shall pay, or provide for the payment of, 16 4 the reasonable expenses of its establishment, organization, and 16 5 ongoing activities. 16 6 (2) The commission may also levy on and collect an annual 16 7 assessment from each party state to cover the cost of its 16 8 operations, activities, and staff in its annual budget as 16 9 approved each year. The aggregate annual assessment amount, if 16 10 any, shall be allocated based upon a formula to be determined 16 11 by the commission, which shall promulgate a rule that is 16 12 binding upon all party states. 16 13 (3) The commission shall not incur obligations of any kind 16 14 prior to securing the funds adequate to meet the same; nor 16 15 shall the commission pledge the credit of any of the party 16 16 states, except by, and with the authority of, such party state. 16 17 (4) The commission shall keep accurate accounts of all 16 18 receipts and disbursements. The receipts and disbursements of 16 19 the commission shall be subject to the audit and accounting 16 20 procedures established under its bylaws. However, all receipts 16 21 and disbursements of funds handled by the commission shall be 16 22 audited yearly by a certified or licensed public accountant, 16 23 and the report of the audit shall be included in and become 16 24 part of the annual report of the commission. 16 25 i. Qualified immunity, defense, and indemnification. 16 26 (1) The administrators, officers, executive director, 16 27 employees, and representatives of the commission shall be 16 28 immune from suit and liability, either personally or in their 16 29 official capacity, for any claim for damage to or loss of 16 30 property or personal injury or other civil liability caused by 16 31 or arising out of any actual or alleged act, error, or omission 16 32 that occurred, or that the person against whom the claim is 16 33 made had a reasonable basis for believing occurred, within the 16 34 scope of commission employment, duties, or responsibilities; 16 35 provided that nothing in this paragraph "i" shall be construed 17 1 to protect any such person from suit or liability for any 17 2 damage, loss, injury, or liability caused by the intentional, 17 3 willful, or wanton misconduct of that person. 17 4 (2) The commission shall defend any administrator, 17 5 officer, executive director, employee, or representative of 17 6 the commission in any civil action seeking to impose liability 17 7 arising out of any actual or alleged act, error, or omission 17 8 that occurred within the scope of commission employment, 17 9 duties, or responsibilities, or that the person against 17 10 whom the claim is made had a reasonable basis for believing 17 11 occurred within the scope of commission employment, duties, 17 12 or responsibilities; provided that nothing herein shall be 17 13 construed to prohibit that person from retaining the person's 17 14 own counsel; and provided further that the actual or alleged 17 15 act, error, or omission did not result from that person's 17 16 intentional, willful, or wanton misconduct. 17 17 (3) The commission shall indemnify and hold harmless 17 18 any administrator, officer, executive director, employee, 17 19 or representative of the commission for the amount of any 17 20 settlement or judgment obtained against that person arising 17 21 out of any actual or alleged act, error, or omission that 17 22 occurred within the scope of commission employment, duties, 17 23 or responsibilities, or that such person had a reasonable 17 24 basis for believing occurred within the scope of commission 17 25 employment, duties, or responsibilities, provided that the 17 26 actual or alleged act, error, or omission did not result from 17 27 the intentional, willful, or wanton misconduct of that person. 17 28 8. Article VIII == Rulemaking. 17 29 a. The commission shall exercise its rulemaking powers 17 30 pursuant to the criteria set forth in this article and the 17 31 rules adopted thereunder. Rules and amendments shall become 17 32 binding as of the date specified in each rule or amendment and 17 33 shall have the same force and effect as provisions of this 17 34 compact. 17 35 b. Rules or amendments to the rules shall be adopted at a 18 1 regular or special meeting of the commission. 18 2 c. Prior to promulgation and adoption of a final rule or 18 3 rules by the commission, and at least sixty days in advance 18 4 of the meeting at which the rule will be considered and voted 18 5 upon, the commission shall file a notice of proposed rulemaking 18 6 on the internet site of the commission and on the internet site 18 7 of each licensing board or the publication in which each state 18 8 would otherwise publish proposed rules. 18 9 d. The notice of proposed rulemaking shall include all of 18 10 the following: 18 11 (1) The proposed time, date, and location of the meeting in 18 12 which the rule will be considered and voted upon. 18 13 (2) The text of the proposed rule or amendment, and the 18 14 reason for the proposed rule. 18 15 (3) A request for comments on the proposed rule from any 18 16 interested person. 18 17 (4) The manner in which interested persons may submit notice 18 18 to the commission of their intention to attend the public 18 19 hearing and any written comments. 18 20 e. Prior to adoption of a proposed rule, the commission 18 21 shall allow persons to submit written data, facts, opinions, 18 22 and arguments, which shall be made available to the public. 18 23 f. The commission shall grant an opportunity for a public 18 24 hearing before it adopts a rule or amendment. 18 25 g. The commission shall publish the place, time, and date of 18 26 the scheduled public hearing. 18 27 (1) Hearings shall be conducted in a manner providing each 18 28 person who wishes to comment a fair and reasonable opportunity 18 29 to comment orally or in writing. All hearings will be 18 30 recorded, and a copy will be made available upon request. 18 31 (2) Nothing in this article shall be construed as requiring 18 32 a separate hearing on each rule. Rules may be grouped for the 18 33 convenience of the commission at hearings required by this 18 34 article. 18 35 h. If no one appears at the public hearing, the commission 19 1 may proceed with promulgation of the proposed rule. 19 2 i. Following the scheduled hearing date, or by the close 19 3 of business on the scheduled hearing date if the hearing was 19 4 not held, the commission shall consider all written and oral 19 5 comments received. 19 6 j. The commission shall, by majority vote of all 19 7 administrators, take final action on the proposed rule and 19 8 shall determine the effective date of the rule, if any, based 19 9 on the rulemaking record and the full text of the rule. 19 10 k. Upon determination that an emergency exists, the 19 11 commission may consider and adopt an emergency rule without 19 12 prior notice, opportunity for comment or hearing, provided that 19 13 the usual rulemaking procedures provided in this compact and 19 14 in this article shall be retroactively applied to the rule as 19 15 soon as reasonably possible, in no event later than ninety days 19 16 after the effective date of the rule. For the purposes of 19 17 this provision, an emergency rule is one that must be adopted 19 18 immediately in order to do any of the following: 19 19 (1) Meet an imminent threat to public health, safety, or 19 20 welfare. 19 21 (2) Prevent a loss of commission or party state funds. 19 22 (3) Meet a deadline for the promulgation of an 19 23 administrative rule that is required by federal law or rule. 19 24 l. The commission may direct revisions to a previously 19 25 adopted rule or amendment for purposes of correcting 19 26 typographical errors, errors in format, errors in consistency, 19 27 or grammatical errors. Public notice of any revisions shall be 19 28 posted on the internet site of the commission. The revision 19 29 shall be subject to challenge by any person for a period of 19 30 thirty days after posting. The revision may be challenged only 19 31 on grounds that the revision results in a material change to 19 32 a rule. A challenge shall be made in writing, and delivered 19 33 to the commission, prior to the end of the notice period. If 19 34 no challenge is made, the revision will take effect without 19 35 further action. If the revision is challenged, the revision 20 1 may not take effect without the approval of the commission. 20 2 9. Article IX == Oversight, dispute resolution, and 20 3 enforcement. 20 4 a. Oversight. 20 5 (1) Each party state shall enforce this compact and take all 20 6 actions necessary and appropriate to effectuate this compact's 20 7 purposes and intent. 20 8 (2) The commission shall be entitled to receive service 20 9 of process in any proceeding that may affect the powers, 20 10 responsibilities, or actions of the commission, and shall have 20 11 standing to intervene in such a proceeding for all purposes. 20 12 Failure to provide service of process in such proceeding to 20 13 the commission shall render a judgment or order void as to the 20 14 commission, this compact, or promulgated rules. 20 15 b. Default, technical assistance, and termination. 20 16 (1) If the commission determines that a party state 20 17 has defaulted in the performance of its obligations or 20 18 responsibilities under this compact or the promulgated rules, 20 19 the commission shall do both of the following: 20 20 (a) Provide written notice to the defaulting state and other 20 21 party states of the nature of the default, the proposed means 20 22 of curing the default, or any other action to be taken by the 20 23 commission. 20 24 (b) Provide remedial training and specific technical 20 25 assistance regarding the default. 20 26 (2) If a state in default fails to cure the default, the 20 27 defaulting state's membership in this compact may be terminated 20 28 upon an affirmative vote of a majority of the administrators, 20 29 and all rights, privileges, and benefits conferred by this 20 30 compact may be terminated on the effective date of termination. 20 31 A cure of the default does not relieve the offending state 20 32 of obligations or liabilities incurred during the period of 20 33 default. 20 34 (3) Termination of membership in this compact shall be 20 35 imposed only after all other means of securing compliance have 21 1 been exhausted. Notice of intent to suspend or terminate shall 21 2 be given by the commission to the governor of the defaulting 21 3 state and to the executive officer of the defaulting state's 21 4 licensing board and each of the party states. 21 5 (4) A state whose membership in this compact has been 21 6 terminated is responsible for all assessments, obligations, and 21 7 liabilities incurred through the effective date of termination, 21 8 including obligations that extend beyond the effective date of 21 9 termination. 21 10 (5) The commission shall not bear any costs related to a 21 11 state that is found to be in default or whose membership in 21 12 this compact has been terminated unless agreed upon in writing 21 13 between the commission and the defaulting state. 21 14 (6) The defaulting state may appeal the action of the 21 15 commission by petitioning the United States district court 21 16 for the District of Columbia or the federal district in which 21 17 the commission has its principal offices. The prevailing 21 18 party shall be awarded all costs of such litigation, including 21 19 reasonable attorneys' fees. 21 20 c. Dispute resolution. 21 21 (1) Upon request by a party state, the commission shall 21 22 attempt to resolve disputes related to the compact that arise 21 23 among party states and between party and nonparty states. 21 24 (2) The commission shall promulgate a rule providing for 21 25 both mediation and binding dispute resolution for disputes, as 21 26 appropriate. 21 27 (3) In the event the commission cannot resolve disputes 21 28 among party states arising under this compact: 21 29 (a) The party states may submit the issues in dispute to 21 30 an arbitration panel, which will be comprised of individuals 21 31 appointed by the compact administrator in each of the affected 21 32 party states and an individual mutually agreed upon by the 21 33 compact administrators of all the party states involved in the 21 34 dispute. 21 35 (b) The decision of a majority of the arbitrators shall be 22 1 final and binding. 22 2 d. Enforcement. 22 3 (1) The commission, in the reasonable exercise of its 22 4 discretion, shall enforce the provisions and rules of this 22 5 compact. 22 6 (2) By majority vote, the commission may initiate legal 22 7 action in the United States district court for the District of 22 8 Columbia or the federal district in which the commission has 22 9 its principal offices against a party state that is in default 22 10 to enforce compliance with the provisions of this compact 22 11 and its promulgated rules and bylaws. The relief sought may 22 12 include both injunctive relief and damages. In the event 22 13 judicial enforcement is necessary, the prevailing party shall 22 14 be awarded all costs of such litigation, including reasonable 22 15 attorneys' fees. 22 16 (3) The remedies herein shall not be the exclusive remedies 22 17 of the commission. The commission may pursue any other 22 18 remedies available under federal or state law. 22 19 10. Article X == Effective date, withdrawal, and amendment. 22 20 a. This compact shall become effective and binding on the 22 21 earlier of the date of legislative enactment of this compact 22 22 into law by no less than twenty=six states or December 31, 22 23 2018. All party states to this compact, that also were parties 22 24 to the prior nurse licensure compact, superseded by this 22 25 compact, shall be deemed to have withdrawn from said prior 22 26 compact within six months after the effective date of this 22 27 compact. 22 28 b. Each party state to this compact shall continue to 22 29 recognize a nurse's multistate licensure privilege to practice 22 30 in that party state issued under the prior nurse licensure 22 31 compact until such party state has withdrawn from the prior 22 32 nurse licensure compact. 22 33 c. Any party state may withdraw from this compact by 22 34 enacting a statute repealing the same. A party state's 22 35 withdrawal shall not take effect until six months after 23 1 enactment of the repealing statute. 23 2 d. A party state's withdrawal or termination shall not 23 3 affect the continuing requirement of the withdrawing or 23 4 terminated state's licensing board to report adverse actions 23 5 and significant investigations occurring prior to the effective 23 6 date of such withdrawal or termination. 23 7 e. Nothing contained in this compact shall be construed to 23 8 invalidate or prevent any nurse licensure agreement or other 23 9 cooperative arrangement between a party state and a nonparty 23 10 state that is made in accordance with the other provisions of 23 11 this compact. 23 12 f. This compact may be amended by the party states. No 23 13 amendment to this compact shall become effective and binding 23 14 upon the party states unless and until it is enacted into the 23 15 laws of all party states. 23 16 g. Representatives of nonparty states to this compact shall 23 17 be invited to participate in the activities of the commission, 23 18 on a nonvoting basis, prior to the adoption of this compact by 23 19 all states. 23 20 11. Article XI == Construction and severability. 23 21 This compact shall be liberally construed so as to 23 22 effectuate the purposes thereof. The provisions of this 23 23 compact shall be severable, and if any phrase, clause, 23 24 sentence, or provision of this compact is declared to 23 25 be contrary to the constitution of any party state or of 23 26 the United States, or if the applicability thereof to any 23 27 government, agency, person, or circumstance is held invalid, 23 28 the validity of the remainder of this compact and the 23 29 applicability thereof to any government, agency, person, or 23 30 circumstance shall not be affected thereby. If this compact 23 31 shall be held to be contrary to the constitution of any party 23 32 state, this compact shall remain in full force and effect as to 23 33 the remaining party states and in full force and effect as to 23 34 the party state affected as to all severable matters. 23 35 Sec. 2. Section 152E.2, Code 2017, is amended to read as 24 1 follows: 24 2 152E.2 Compact administrator. 24 3 The executive director of the board of nursing, as provided 24 4 for in section 152.2, shall serve as the compact administrator 24 5 identified in articleVIIIVII, paragraph"a""b", of the 24 6 nurse licensure compact contained in section 152E.1 and as the 24 7 compact administrator identified in article VIII, paragraph 24 8 "a", of the advanced practice registered nurse compact 24 9 contained in section 152E.3. 24 10 Sec. 3. EFFECTIVE DATE. This Act takes effect upon the 24 11 earlier of the date of adoption of the revised nurse licensure 24 12 compact contained in this Act by no less than twenty=six states 24 13 or December 31, 2018. The executive director of the board 24 14 of nursing shall notify the Code editor upon adoption of the 24 15 compact by the requisite number of states. 24 16 EXPLANATION 24 17 The inclusion of this explanation does not constitute agreement with 24 18 the explanation's substance by the members of the general assembly. 24 19 This bill adopts a revised version of the nurse licensure 24 20 compact in Code chapter 152E. The new compact creates an 24 21 interstate commission of nurse licensure compact administrators 24 22 that will have the power to adopt rules binding on its members, 24 23 or "party states", bring legal action in its own name, purchase 24 24 insurance and bonds, hire and compensate employees, and rent or 24 25 purchase property. 24 26 The commission may also levy on and collect an annual 24 27 assessment from this state and all other party states to cover 24 28 the cost of its operations, activities, and staff in its annual 24 29 budget as approved each year. The aggregate annual assessment 24 30 amount, if any, shall be allocated based upon a formula to be 24 31 determined by the commission, which shall adopt a rule that 24 32 is binding upon all party states. In this state, the compact 24 33 administrator shall be the executive director of the board of 24 34 nursing. 24 35 The bill becomes effective upon its adoption by no less than 25 1 26 states or on December 31, 2018, whichever is earlier. LSB 1078HV (1) 87 tr/nh
