Bill Text: IA SF419 | 2017-2018 | 87th General Assembly | Enrolled
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 SSB 1076.) Contingent effective date; see section 3 of bill.
Sponsorship: Committee Bill
Status: (Passed) 2017-04-21 - Signed by Governor. S.J. 1126. [SF419 Detail]
Download: Iowa-2017-SF419-Enrolled.html
Senate File 419 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
1076)
\5
A BILL FOR
\1
Senate File 419
AN ACT
RELATING TO THE NURSE LICENSURE COMPACT, INCLUDING
PROVISIONS FOR ASSESSMENTS AGAINST PARTY STATES, AND
INCLUDING EFFECTIVE DATE PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 152E.1, Code 2017, is amended by striking
the section and inserting in lieu thereof the following:
152E.1 Form of compact.
1. Article I == Findings and declaration of purpose.
a. The party states find that:
(1) The health and safety of the public are affected by the
degree of compliance with and the effectiveness of enforcement
activities related to state nurse licensure laws.
(2) Violations of nurse licensure and other laws regulating
the practice of nursing may result in injury or harm to the
public.
(3) The expanded mobility of nurses and the use of advanced
communication technologies as part of our nation's health care
delivery system require greater coordination and cooperation
among states in the areas of nurse licensure and regulation.
(4) New practice modalities and technology make compliance
with individual state nurse licensure laws difficult and
complex.
(5) The current system of duplicative licensure for nurses
practicing in multiple states is cumbersome and redundant for
both nurses and states.
(6) Uniformity of nurse licensure requirements throughout
the states promotes public safety and public health benefits.
b. The general purposes of this compact are to:
(1) Facilitate the states' responsibility to protect the
public's health and safety.
(2) Ensure and encourage the cooperation of party states in
the areas of nurse licensure and regulation.
(3) Facilitate the exchange of information between party
states in the areas of nurse regulation, investigation, and
adverse actions.
(4) Promote compliance with the laws governing the practice
of nursing in each jurisdiction.
(5) Invest all party states with the authority to hold
a nurse accountable for meeting all state practice laws in
the state in which the patient is located at the time care
is rendered through the mutual recognition of party state
licenses.
(6) Decrease redundancies in the consideration and issuance
of nurse licenses.
(7) Provide opportunities for interstate practice by nurses
who meet uniform licensure requirements.
2. Article II == Definitions. As used in this compact:
a. "Adverse action" means any administrative, civil,
equitable, or criminal action permitted by a state's laws which
is imposed by a licensing board or other authority against a
nurse, including actions against an individual's license or
multistate licensure privilege such as revocation, suspension,
probation, monitoring of the licensee, limitation on the
licensee's practice, or any other encumbrance on licensure
affecting a nurse's authorization to practice, including
issuance of a cease and desist action.
b. "Alternative program" means a nondisciplinary monitoring
program approved by a licensing board.
c. "Coordinated licensure information system" means an
integrated process for collecting, storing, and sharing
information on nurse licensure and enforcement activities
related to nurse licensure laws that is administered by a
nonprofit organization composed of and controlled by licensing
boards.
d. "Current significant investigative information" means
either of the following:
(1) Investigative information that a licensing board,
after a preliminary inquiry that includes notification and an
opportunity for the nurse to respond, if required by state law,
has reason to believe is not groundless and, if proved true,
would indicate more than a minor infraction.
(2) Investigative information that indicates that the nurse
represents an immediate threat to public health and safety
regardless of whether the nurse has been notified and had an
opportunity to respond.
e. "Encumbrance" means a revocation or suspension of, or any
limitation on, the full and unrestricted practice of nursing
imposed by a licensing board.
f. "Home state" means the party state which is the nurse's
primary state of residence.
g. "Licensing board" means a party state's regulatory body
responsible for issuing nurse licenses.
h. "Multistate license" means a license to practice as a
registered or a licensed practical or vocational nurse issued
by a home state licensing board that authorizes the licensed
nurse to practice in all party states under a multistate
licensure privilege.
i. "Multistate licensure privilege" means a legal
authorization associated with a multistate license permitting
the practice of nursing as either a registered nurse or a
licensed practical or vocational nurse in a remote state.
j. "Nurse" means a registered nurse or licensed practical
or vocational nurse, as those terms are defined by each party
state's practice laws.
k. "Party state" means any state that has adopted this
compact.
l. "Remote state" means a party state other than the home
state.
m. "Single=state license" means a nurse license issued by a
party state that authorizes practice only within the issuing
state and does not include a multistate licensure privilege to
practice in any other party state.
n. "State" means a state, territory, or possession of the
United States and the District of Columbia.
o. "State practice laws" means a party state's laws,
rules, and regulations that govern the practice of nursing,
define the scope of nursing practice, and create the methods
and grounds for imposing discipline. "State practice laws"
does not include the initial qualifications for licensure or
requirements necessary to obtain and retain a license, except
for qualifications or requirements of the home state.
3. Article III == General provisions and jurisdiction.
a. A multistate license to practice registered or licensed
practical or vocational nursing issued by a home state to a
resident in that state will be recognized by each party state
as authorizing a nurse to practice as a registered nurse or as
a licensed practical or vocational nurse, under a multistate
licensure privilege, in each party state.
b. A state must implement procedures for considering the
criminal history records of applicants for initial multistate
license or licensure by endorsement. Such procedures shall
include the submission of fingerprints or other biometric=based
information by applicants for the purpose of obtaining an
applicant's criminal history record information from the
federal bureau of investigation and the agency responsible for
retaining that state's criminal records.
c. Each party state shall require all of the following for
an applicant to obtain or retain a multistate license in the
home state:
(1) Meets the home state's qualifications for licensure or
renewal of licensure, as well as all other applicable state
laws.
(2) Either of the following:
(a) Has graduated or is eligible to graduate from a
licensing board=approved registered nurse or licensed practical
or vocational nurse prelicensure education program.
(b) Has graduated from a foreign registered nurse or
licensed practical or vocational nurse prelicensure program
that meets both of the following requirements:
(i) Has been approved by the authorized accrediting body in
the applicable country.
(ii) Has been verified by an independent credentials
review agency to be comparable to a licensing board=approved
prelicensure education program.
(3) Has, if a graduate of a foreign prelicensure education
program not taught in English or if English is not the
individual's native language, successfully passed an English
proficiency examination that includes the components of
reading, speaking, writing, and listening.
(4) Has successfully passed a national council licensure
examination == registered nurse or national council licensure
examination == practical nurse examination or recognized
predecessor, as applicable.
(5) Is eligible for or holds an active, unencumbered
license.
(6) Has submitted in connection with an application for
initial licensure or licensure by endorsement, fingerprints
or other biometric data for the purpose of obtaining criminal
history record information from the federal bureau of
investigation and the agency responsible for retaining that
state's criminal records.
(7) Has not been convicted or found guilty, or has
entered into an agreed disposition, of a felony offense under
applicable state or federal criminal law.
(8) Has not been convicted or found guilty, or has entered
into an agreed disposition, of a misdemeanor offense related to
the practice of nursing as determined on a case=by=case basis.
(9) Is not currently enrolled in an alternative program.
(10) Is subject to self=disclosure requirements regarding
current participation in an alternative program.
(11) Has a valid United States social security number.
d. All party states shall be authorized, in accordance
with existing state due process law, to take adverse action
against a nurse's multistate licensure privilege such as
revocation, suspension, probation, or any other action that
affects a nurse's authorization to practice under a multistate
licensure privilege, including cease and desist actions. If
a party state takes such action, it shall promptly notify the
administrator of the coordinated licensure information system.
The administrator of the coordinated licensure information
system shall promptly notify the home state of any such actions
by remote states.
e. A nurse practicing in a party state must comply with the
state practice laws of the state in which the client is located
at the time service is provided. The practice of nursing is
not limited to patient care, but shall include all nursing
practice as defined by the state practice laws of the party
state in which the client is located. The practice of nursing
in a party state under a multistate licensure privilege will
subject a nurse to the jurisdiction of the licensing board, the
courts, and the laws of the party state in which the client is
located at the time service is provided.
f. Individuals not residing in a party state shall continue
to be able to apply for a party state's single=state license
as provided under the laws of each party state. However, the
single=state license granted to these individuals will not be
recognized as granting the privilege to practice nursing in any
other party state. Nothing in this compact shall affect the
requirements established by a party state for the issuance of
a single=state license.
g. Any nurse holding a home state multistate license on
the effective date of this compact may retain and renew the
multistate license issued by the nurse's then=current home
state, provided that:
(1) A nurse who changes primary state of residence after
this compact's effective date must meet all applicable
requirements in article III, paragraph "c", to obtain a
multistate license from a new home state.
(2) A nurse who fails to satisfy the multistate licensure
requirements in article III, paragraph "c", due to a
disqualifying event occurring after this compact's effective
date shall be ineligible to retain or renew a multistate
license, and the nurse's multistate license shall be revoked or
deactivated in accordance with applicable rules adopted by the
commission.
4. Article IV == Applications for licensure in a party state.
a. Upon application for a multistate license, the licensing
board in the issuing party state shall ascertain, through the
coordinated licensure information system, whether the applicant
has ever held, or is the holder of, a license issued by any
other state, whether there are any encumbrances on any license
or multistate licensure privilege held by the applicant,
whether any adverse action has been taken against any license
or multistate licensure privilege held by the applicant
and whether the applicant is currently participating in an
alternative program.
b. A nurse may hold a multistate license, issued by the home
state, in only one party state at a time.
c. If a nurse changes primary state of residence by moving
between two party states, the nurse must apply for licensure
in the new home state, and the multistate license issued by
the prior home state will be deactivated in accordance with
applicable rules adopted by the commission.
(1) The nurse may apply for licensure in advance of a change
in the primary state of residence.
(2) A multistate license shall not be issued by the new
home state until the nurse provides satisfactory evidence of a
change in primary state of residence to the new home state and
satisfies all applicable requirements to obtain a multistate
license from the new home state.
d. If a nurse changes primary state of residence by moving
from a party state to a nonparty state, the multistate license
issued by the prior home state will convert to a single=state
license, valid only in the former home state.
5. Article V == Additional authorities invested in party
state licensing boards.
a. In addition to the other powers conferred by state law,
a licensing board shall have the authority to do all of the
following:
(1) Take adverse action against a nurse's multistate
licensure privilege to practice within that party state.
(a) Only the home state shall have the power to take adverse
action against a nurse's license issued by the home state.
(b) For purposes of taking adverse action, the home state
licensing board shall give the same priority and effect to
reported conduct received from a remote state as it would if
such conduct had occurred within the home state. In so doing,
the home state shall apply its own state laws to determine
appropriate action.
(2) Issue cease and desist orders or impose an encumbrance
on a nurse's authority to practice within that party state.
(3) Complete any pending investigations of a nurse who
changes primary state of residence during the course of such
investigations. The licensing board shall also have the
authority to take appropriate action and shall promptly report
the conclusions of such investigations to the administrator
of the coordinated licensure information system. The
administrator of the coordinated licensure information system
shall promptly notify the new home state of any such actions.
(4) Issue subpoenas for both hearings and investigations
that require the attendance and testimony of witnesses, as well
as the production of evidence. Subpoenas issued by a licensing
board in a party state for the attendance and testimony of
witnesses or the production of evidence from another party
state shall be enforced in the latter state by any court of
competent jurisdiction, according to the practice and procedure
of that court applicable to subpoenas issued in proceedings
pending before it. The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by
the service statutes of the state in which the witnesses or
evidence are located.
(5) Obtain and submit, for each nurse licensure applicant,
fingerprint or other biometric=based information to the federal
bureau of investigation for criminal background checks, receive
the results of the federal bureau of investigation record
search on criminal background checks, and use the results in
making licensure decisions.
(6) If otherwise permitted by state law, recover from the
affected nurse the costs of investigations and disposition of
cases resulting from any adverse action taken against that
nurse.
(7) Take adverse action based on the factual findings of the
remote state, provided that the licensing board follows its own
procedures for taking such adverse action.
b. If adverse action is taken by the home state against a
nurse's multistate license, the nurse's multistate licensure
privilege to practice in all other party states shall be
deactivated until all encumbrances have been removed from the
multistate license. All home state disciplinary orders that
impose adverse action against a nurse's multistate license
shall include a statement that the nurse's multistate licensure
privilege is deactivated in all party states during the
pendency of the order.
c. Nothing in this compact shall override a party state's
decision that participation in an alternative program may be
used in lieu of adverse action. The home state licensing board
shall deactivate the multistate licensure privilege under the
multistate license of any nurse for the duration of the nurse's
participation in an alternative program.
6. Article VI == Coordinated licensure information system and
exchange of information.
a. All party states shall participate in a coordinated
licensure information system of all licensed registered nurses
and licensed practical or vocational nurses. This system will
include information on the licensure and disciplinary history
of each nurse, as submitted by party states, to assist in the
coordination of nurse licensure and enforcement efforts.
b. The commission, in consultation with the administrator of
the coordinated licensure information system, shall formulate
necessary and proper procedures for the identification,
collection, and exchange of information under this compact.
c. All licensing boards shall promptly report to the
coordinated licensure information system any adverse action,
any current significant investigative information, denials
of applications with the reasons for such denials and nurse
participation in alternative programs known to the licensing
board regardless of whether such participation is deemed
nonpublic or confidential under state law.
d. Current significant investigative information and
participation in nonpublic or confidential alternative
programs shall be transmitted through the coordinated licensure
information system only to party state licensing boards.
e. Notwithstanding any other provision of law, all
party state licensing boards contributing information to
the coordinated licensure information system may designate
information that may not be shared with nonparty states or
disclosed to other entities or individuals without the express
permission of the contributing state.
f. Any personally identifiable information obtained from
the coordinated licensure information system by a party state
licensing board shall not be shared with nonparty states or
disclosed to other entities or individuals except to the extent
permitted by the laws of the party state contributing the
information.
g. Any information contributed to the coordinated licensure
information system that is subsequently required to be expunged
by the laws of the party state contributing that information
shall also be expunged from the coordinated licensure
information system.
h. The compact administrator of each party state shall
furnish a uniform data set to the compact administrator of each
other party state, which shall include but not be limited to
the following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program
participation.
(4) Other information that may facilitate the
administration of this compact, as determined by commission
rules.
i. The compact administrator of a party state shall provide
all investigative documents and information requested by
another party state.
7. Article VII == Establishment of the interstate commission
of nurse licensure compact administrators.
a. The party states hereby create and establish a joint
public entity known as the interstate commission of nurse
licensure compact administrators.
(1) The commission is an instrumentality of the party
states.
(2) Venue is proper, and judicial proceedings by or against
the commission shall be brought solely and exclusively, in a
court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and
jurisdictional defenses to the extent it adopts or consents to
participate in alternative dispute resolution proceedings.
(3) Nothing in this compact shall be construed to be a
waiver of sovereign immunity.
b. Membership, voting, and meetings.
(1) Each party state shall have and be limited to one
administrator. The head of the state licensing board or
designee shall be the administrator of this compact for each
party state. Any administrator may be removed or suspended
from office as provided by the law of the state from which
the administrator is appointed. Any vacancy occurring in the
commission shall be filled in accordance with the laws of the
party state in which the vacancy exists.
(2) Each administrator shall be entitled to one vote with
regard to the promulgation of rules and creation of bylaws
and shall otherwise have an opportunity to participate in the
business and affairs of the commission. An administrator
shall vote in person or by such other means as provided in
the bylaws. The bylaws may provide for an administrator's
participation in meetings by telephone or other means of
communication.
(3) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws or rules of the commission.
(4) All meetings shall be open to the public, and public
notice of meetings shall be given in the same manner as
required under the rulemaking provisions in article VIII.
(5) The commission may convene in a closed, nonpublic
meeting if the commission must discuss any of the following:
(a) Noncompliance of a party state with its obligations
under this compact.
(b) The employment, compensation, discipline, or other
personnel matters, practices, or procedures related to specific
employees or other matters related to the commission's internal
personnel practices and procedures.
(c) Current, threatened, or reasonably anticipated
litigation.
(d) Negotiation of contracts for the purchase or sale of
goods, services, or real estate.
(e) Accusing any person of a crime or formally censuring any
person.
(f) Disclosure of trade secrets or commercial or financial
information that is privileged or confidential.
(g) Disclosure of information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy.
(h) Disclosure of investigatory records compiled for law
enforcement purposes.
(i) Disclosure of information related to any reports
prepared by or on behalf of the commission for the purpose of
investigation of compliance with this compact.
(j) Matters specifically exempted from disclosure by
federal or state statute.
(6) If a meeting, or portion of a meeting, is closed
pursuant to this provision, the commission's legal counsel or
designee shall certify that the meeting may be closed and shall
reference each relevant exempting provision. The commission
shall keep minutes that fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate
summary of actions taken, and the reasons therefor, including a
description of the views expressed. All documents considered
in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall
remain under seal, subject to release by a majority vote of the
commission or order of a court of competent jurisdiction.
c. The commission shall, by a majority vote of the
administrators, prescribe bylaws or rules to govern its conduct
as may be necessary or appropriate to carry out the purposes
and exercise the powers of this compact, including but not
limited to any of the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures for both
of the following:
(a) The establishment and meetings of other committees.
(b) Governing any general or specific delegation of any
authority or function of the commission.
(3) Providing reasonable procedures for calling and
conducting meetings of the commission, ensuring reasonable
advance notice of all meetings, and providing an opportunity
for attendance of such meetings by interested parties,
with enumerated exceptions designed to protect the public's
interest, the privacy of individuals, and proprietary
information, including trade secrets. The commission may meet
in closed session only after a majority of the administrators
vote to close a meeting in whole or in part. As soon as
practicable, the commission must make public a copy of the vote
to close the meeting revealing the vote of each administrator,
with no proxy votes allowed.
(4) Establishing the titles, duties, and authority and
reasonable procedures for the election of the officers of the
commission.
(5) Providing reasonable standards and procedures for the
establishment of the personnel policies and programs of the
commission. Notwithstanding any civil service or other similar
laws of any party state, the bylaws shall exclusively govern
the personnel policies and programs of the commission.
(6) Providing a mechanism for winding up the operations
of the commission and the equitable disposition of any
surplus funds that may exist after the termination of this
compact after the payment or reserving of all of its debts and
obligations.
d. The commission shall publish its bylaws and rules, and
any amendments thereto, in a convenient form on the internet
site of the commission.
e. The commission shall maintain its financial records in
accordance with the bylaws.
f. The commission shall meet and take such actions as are
consistent with the provisions of this compact and the bylaws.
g. The commission shall have the following powers:
(1) To promulgate uniform rules to facilitate and
coordinate implementation and administration of this compact.
The rules shall have the force and effect of law and shall be
binding in all party states.
(2) To bring and prosecute legal proceedings or actions in
the name of the commission, provided that the standing of any
licensing board to sue or be sued under applicable law shall
not be affected.
(3) To purchase and maintain insurance and bonds.
(4) To borrow, accept, or contract for services of
personnel, including but not limited to employees of a party
state or nonprofit organizations.
(5) To cooperate with other organizations that administer
state compacts related to the regulation of nursing, including
but not limited to sharing administrative or staff expenses,
office space or other resources.
(6) To hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals appropriate
authority to carry out the purposes of this compact, and to
establish the commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel,
and other related personnel matters.
(7) To accept any and all appropriate donations, grants and
gifts of money, equipment, supplies, materials, and services,
and to receive, utilize, and dispose of the same; provided
that at all times the commission shall avoid any appearance of
impropriety or conflict of interest.
(8) To lease, purchase, accept appropriate gifts or
donations of, or otherwise to own, hold, improve, or use, any
property, whether real, personal, or mixed; provided that
at all times the commission shall avoid any appearance of
impropriety.
(9) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, whether real,
personal, or mixed.
(10) To establish a budget and make expenditures.
(11) To borrow money.
(12) To appoint committees, including advisory committees
comprised of administrators, state nursing regulators,
state legislators or their representatives, and consumer
representatives, and other such interested persons.
(13) To provide and receive information from, and to
cooperate with, law enforcement agencies.
(14) To adopt and use an official seal.
(15) To perform such other functions as may be necessary or
appropriate to achieve the purposes of this compact consistent
with the state regulation of nurse licensure and practice.
h. Financing of the commission.
(1) The commission shall pay, or provide for the payment of,
the reasonable expenses of its establishment, organization, and
ongoing activities.
(2) The commission may also levy on and collect an annual
assessment from each party state to cover the cost of its
operations, activities, and staff in its annual budget as
approved each year. The aggregate annual assessment amount, if
any, shall be allocated based upon a formula to be determined
by the commission, which shall promulgate a rule that is
binding upon all party states.
(3) The commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the party
states, except by, and with the authority of, such party state.
(4) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements of
the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the commission shall be
audited yearly by a certified public accountant, and the report
of the audit shall be included in and become part of the annual
report of the commission.
i. Qualified immunity, defense, and indemnification.
(1) The administrators, officers, executive director,
employees, and representatives of the commission shall be
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused by
or arising out of any actual or alleged act, error, or omission
that occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred, within the
scope of commission employment, duties, or responsibilities;
provided that nothing in this paragraph "i" shall be construed
to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional,
willful, or wanton misconduct of that person.
(2) The commission shall defend any administrator,
officer, executive director, employee, or representative of
the commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the person against
whom the claim is made had a reasonable basis for believing
occurred within the scope of commission employment, duties,
or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining the person's
own counsel; and provided further that the actual or alleged
act, error, or omission did not result from that person's
intentional, willful, or wanton misconduct.
(3) The commission shall indemnify and hold harmless
any administrator, officer, executive director, employee,
or representative of the commission for the amount of any
settlement or judgment obtained against that person arising
out of any actual or alleged act, error, or omission that
occurred within the scope of commission employment, duties,
or responsibilities, or that such person had a reasonable
basis for believing occurred within the scope of commission
employment, duties, or responsibilities, provided that the
actual or alleged act, error, or omission did not result from
the intentional, willful, or wanton misconduct of that person.
8. Article VIII == Rulemaking.
a. The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this article and the
rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment and
shall have the same force and effect as provisions of this
compact.
b. Rules or amendments to the rules shall be adopted at a
regular or special meeting of the commission.
c. Prior to promulgation and adoption of a final rule or
rules by the commission, and at least sixty days in advance
of the meeting at which the rule will be considered and voted
upon, the commission shall file a notice of proposed rulemaking
on the internet site of the commission and on the internet site
of each licensing board or the publication in which each state
would otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include all of
the following:
(1) The proposed time, date, and location of the meeting in
which the rule will be considered and voted upon.
(2) The text of the proposed rule or amendment, and the
reason for the proposed rule.
(3) A request for comments on the proposed rule from any
interested person.
(4) The manner in which interested persons may submit notice
to the commission of their intention to attend the public
hearing and any written comments.
e. Prior to adoption of a proposed rule, the commission
shall allow persons to submit written data, facts, opinions,
and arguments, which shall be made available to the public.
f. The commission shall grant an opportunity for a public
hearing before it adopts a rule or amendment.
g. The commission shall publish the place, time, and date of
the scheduled public hearing.
(1) Hearings shall be conducted in a manner providing each
person who wishes to comment a fair and reasonable opportunity
to comment orally or in writing. All hearings will be
recorded, and a copy will be made available upon request.
(2) Nothing in this article shall be construed as requiring
a separate hearing on each rule. Rules may be grouped for the
convenience of the commission at hearings required by this
article.
h. If no one appears at the public hearing, the commission
may proceed with promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close
of business on the scheduled hearing date if the hearing was
not held, the commission shall consider all written and oral
comments received.
j. The commission shall, by majority vote of all
administrators, take final action on the proposed rule and
shall determine the effective date of the rule, if any, based
on the rulemaking record and the full text of the rule.
k. Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule without
prior notice, opportunity for comment or hearing, provided that
the usual rulemaking procedures provided in this compact and
in this article shall be retroactively applied to the rule as
soon as reasonably possible, in no event later than ninety days
after the effective date of the rule. For the purposes of
this provision, an emergency rule is one that must be adopted
immediately in order to do any of the following:
(1) Meet an imminent threat to public health, safety, or
welfare.
(2) Prevent a loss of commission or party state funds.
(3) Meet a deadline for the promulgation of an
administrative rule that is required by federal law or rule.
l. The commission may direct revisions to a previously
adopted rule or amendment for purposes of correcting
typographical errors, errors in format, errors in consistency,
or grammatical errors. Public notice of any revisions shall be
posted on the internet site of the commission. The revision
shall be subject to challenge by any person for a period of
thirty days after posting. The revision may be challenged only
on grounds that the revision results in a material change to
a rule. A challenge shall be made in writing, and delivered
to the commission, prior to the end of the notice period. If
no challenge is made, the revision will take effect without
further action. If the revision is challenged, the revision
may not take effect without the approval of the commission.
9. Article IX == Oversight, dispute resolution, and
enforcement.
a. Oversight.
(1) Each party state shall enforce this compact and take all
actions necessary and appropriate to effectuate this compact's
purposes and intent.
(2) The commission shall be entitled to receive service
of process in any proceeding that may affect the powers,
responsibilities, or actions of the commission, and shall have
standing to intervene in such a proceeding for all purposes.
Failure to provide service of process in such proceeding to
the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
b. Default, technical assistance, and termination.
(1) If the commission determines that a party state
has defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated rules,
the commission shall do both of the following:
(a) Provide written notice to the defaulting state and other
party states of the nature of the default, the proposed means
of curing the default, or any other action to be taken by the
commission.
(b) Provide remedial training and specific technical
assistance regarding the default.
(2) If a state in default fails to cure the default, the
defaulting state's membership in this compact may be terminated
upon an affirmative vote of a majority of the administrators,
and all rights, privileges, and benefits conferred by this
compact may be terminated on the effective date of termination.
A cure of the default does not relieve the offending state
of obligations or liabilities incurred during the period of
default.
(3) Termination of membership in this compact shall be
imposed only after all other means of securing compliance have
been exhausted. Notice of intent to suspend or terminate shall
be given by the commission to the governor of the defaulting
state and to the executive officer of the defaulting state's
licensing board and each of the party states.
(4) A state whose membership in this compact has been
terminated is responsible for all assessments, obligations, and
liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of
termination.
(5) The commission shall not bear any costs related to a
state that is found to be in default or whose membership in
this compact has been terminated unless agreed upon in writing
between the commission and the defaulting state.
(6) The defaulting state may appeal the action of the
commission by petitioning the United States district court
for the District of Columbia or the federal district in which
the commission has its principal offices. The prevailing
party shall be awarded all costs of such litigation, including
reasonable attorneys' fees.
c. Dispute resolution.
(1) Upon request by a party state, the commission shall
attempt to resolve disputes related to the compact that arise
among party states and between party and nonparty states.
(2) The commission shall promulgate a rule providing for
both mediation and binding dispute resolution for disputes, as
appropriate.
(3) In the event the commission cannot resolve disputes
among party states arising under this compact:
(a) The party states may submit the issues in dispute to
an arbitration panel, which will be comprised of individuals
appointed by the compact administrator in each of the affected
party states and an individual mutually agreed upon by the
compact administrators of all the party states involved in the
dispute.
(b) The decision of a majority of the arbitrators shall be
final and binding.
d. Enforcement.
(1) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
(2) By majority vote, the commission may initiate legal
action in the United States district court for the District of
Columbia or the federal district in which the commission has
its principal offices against a party state that is in default
to enforce compliance with the provisions of this compact
and its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party shall
be awarded all costs of such litigation, including reasonable
attorneys' fees.
(3) The remedies herein shall not be the exclusive remedies
of the commission. The commission may pursue any other
remedies available under federal or state law.
10. Article X == Effective date, withdrawal, and amendment.
a. This compact shall become effective and binding on the
earlier of the date of legislative enactment of this compact
into law by no less than twenty=six states or December 31,
2018. All party states to this compact, that also were parties
to the prior nurse licensure compact, superseded by this
compact, shall be deemed to have withdrawn from said prior
compact within six months after the effective date of this
compact.
b. Each party state to this compact shall continue to
recognize a nurse's multistate licensure privilege to practice
in that party state issued under the prior nurse licensure
compact until such party state has withdrawn from the prior
nurse licensure compact.
c. Any party state may withdraw from this compact by
enacting a statute repealing the same. A party state's
withdrawal shall not take effect until six months after
enactment of the repealing statute.
d. A party state's withdrawal or termination shall not
affect the continuing requirement of the withdrawing or
terminated state's licensing board to report adverse actions
and significant investigations occurring prior to the effective
date of such withdrawal or termination.
e. Nothing contained in this compact shall be construed to
invalidate or prevent any nurse licensure agreement or other
cooperative arrangement between a party state and a nonparty
state that is made in accordance with the other provisions of
this compact.
f. This compact may be amended by the party states. No
amendment to this compact shall become effective and binding
upon the party states unless and until it is enacted into the
laws of all party states.
g. Representatives of nonparty states to this compact shall
be invited to participate in the activities of the commission,
on a nonvoting basis, prior to the adoption of this compact by
all states.
11. Article XI == Construction and severability.
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable, and if any phrase, clause,
sentence, or provision of this compact is declared to
be contrary to the constitution of any party state or of
the United States, or if the applicability thereof to any
government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the
applicability thereof to any government, agency, person, or
circumstance shall not be affected thereby. If this compact
shall be held to be contrary to the constitution of any party
state, this compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to
the party state affected as to all severable matters.
Sec. 2. Section 152E.2, Code 2017, is amended to read as
follows:
152E.2 Compact administrator.
The executive director of the board of nursing, as provided
for in section 152.2, shall serve as the compact administrator
identified in article VIII VII, paragraph "a" "b", of the
nurse licensure compact contained in section 152E.1 and as the
compact administrator identified in article VIII, paragraph
"a", of the advanced practice registered nurse compact
contained in section 152E.3.
Sec. 3. EFFECTIVE DATE. This Act takes effect upon the
earlier of the date of adoption of the revised nurse licensure
compact contained in this Act by no less than twenty=six states
or December 31, 2018. The executive director of the board
of nursing shall notify the Code editor upon adoption of the
compact by the requisite number of states.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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