Bill Text: IL HB3320 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Occupational Licensing Reform Act. Provides that an individual with a criminal history may petition the responsible licensing board, at any time, including before obtaining any required education or paying any fee, for a determination of whether the individual's criminal history will disqualify the individual from obtaining State recognition. Provides that the Governor shall establish the Office of Supervision of Occupational Boards, which will be responsible for actively supervising State occupational boards to ensure compliance with the State's policies. Provides that the Office must review and approve or reject any proposed board rule, policy, enforcement, or other regulatory action prior to it being adopted or implemented. Amends the Departments of State Government Article of the Civil Administrative Code of Illinois. In provisions concerning temporary licenses to service members or spouses of service members, provides that the director of a department must issue or deny a license within the 6-month period of the temporary license. Provides that upon denial of a license, the department must provide specific information explaining the denial and a course of action for the applicant to receive licensure. Amends the Nurse Practice Act. Allows for the issuance of multistate licenses that allow nurses to practice in his or her home state and other compact states. Ratifies and approves the Nurse Licensure Compact. Provides that the Compact does not supersede existing State labor laws. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3320 Detail]

Download: Illinois-2017-HB3320-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3320

Introduced , by Rep. Allen Skillicorn

SYNOPSIS AS INTRODUCED:
See Index

Creates the Occupational Licensing Reform Act. Provides that an individual with a criminal history may petition the responsible licensing board, at any time, including before obtaining any required education or paying any fee, for a determination of whether the individual's criminal history will disqualify the individual from obtaining State recognition. Provides that the Governor shall establish the Office of Supervision of Occupational Boards, which will be responsible for actively supervising State occupational boards to ensure compliance with the State's policies. Provides that the Office must review and approve or reject any proposed board rule, policy, enforcement, or other regulatory action prior to it being adopted or implemented. Amends the Departments of State Government Article of the Civil Administrative Code of Illinois. In provisions concerning temporary licenses to service members or spouses of service members, provides that the director of a department must issue or deny a license within the 6-month period of the temporary license. Provides that upon denial of a license, the department must provide specific information explaining the denial and a course of action for the applicant to receive licensure. Amends the Nurse Practice Act. Allows for the issuance of multistate licenses that allow nurses to practice in his or her home state and other compact states. Ratifies and approves the Nurse Licensure Compact. Provides that the Compact does not supersede existing State labor laws. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Occupational Licensing Reform Act.
6 Section 5. Policy. For occupational regulations and their
7boards, it is the policy of the State of Illinois that:
8 (1) the right of an individual to pursue an occupation
9 is a fundamental right;
10 (2) occupational regulations shall be construed and
11 applied to increase economic opportunities, promote
12 competition, and encourage innovation;
13 (3) occupational regulations shall be tailored to
14 recognize the service and sacrifice of military families by
15 expediting and endorsing in Illinois the occupation
16 licensure or recognition that a military service member,
17 spouse, or direct family member has obtained in another
18 state;
19 (4) occupational regulations shall recognize the
20 importance of mobility and portability for military
21 spouses and medical professionals for nursing licensure by
22 joining the Nurse Licensure Compact;
23 (5) where the State finds it is necessary to displace

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1 competition, it will use the least restrictive regulation
2 to protect consumers from present, significant, and
3 substantiated harms that threaten public health and
4 safety;
5 (6) an occupational regulation may be enforced against
6 an individual only to the extent the individual sells goods
7 and services that are included explicitly in the statute
8 that defines the occupation's scope of practice;
9 (7) the Governor establish the Office of Supervision of
10 Occupational Boards; the Office is responsible for
11 actively supervising State occupational boards; and
12 (8) the General Assembly establish a position in its
13 nonpartisan research staff to analyze occupational
14 regulations; the position is responsible for reviewing
15 legislation and laws related to occupational regulations.
16 Section 10. Intent. By establishing and executing the
17policies in Section 5, the State intends to ensure that
18occupational boards and board members will avoid liability
19under federal antitrust laws.
20 Section 15. Definitions. As used in this Act:
21 "Certification" means a voluntary program in which a
22private organization or a state government grants
23nontransferable recognition to an individual who meets
24personal qualifications established by the private

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1organization or a legislature. Upon approval, the individual
2may use "certified" as a designated title. A non-certified
3individual may also perform the lawful occupation for
4compensation, but may not use the title "certified".
5 "Lawful occupation" means a course of conduct, pursuit, or
6profession that includes the sale of goods or services that are
7not themselves illegal to sell irrespective of whether the
8individual selling them is subject to an occupational
9regulation.
10 "Least restrictive regulation" means, from least to most
11restrictive:
12 (1) market competition;
13 (2) third-party or consumer-created ratings and
14 reviews;
15 (3) private certification;
16 (4) specific private civil cause of action to remedy
17 consumer harm;
18 (5) deceptive trade practice act;
19 (6) regulation of the process of providing the specific
20 goods or services to consumers;
21 (7) inspection;
22 (8) bonding or insurance;
23 (9) registration;
24 (10) government certification;
25 (11) specialty occupational license for medical
26 reimbursement; and

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1 (12) occupational license.
2 "Occupational license" means a nontransferable
3authorization in law for an individual to perform exclusively a
4lawful occupation for compensation based on meeting personal
5qualifications established by a state legislature. In an
6occupation for which a license is required, it is illegal for
7an individual who does not possess a valid occupational license
8to perform the occupation for compensation.
9 "Occupational regulation" means a statute, rule, practice,
10policy, or other state law that allows an individual to use an
11occupational title or work in a lawful occupation. It includes
12registration, certification, and occupational licenses. It
13excludes a business license, facility license, building
14permit, or zoning and land use regulation, except to the extent
15those state laws regulate an individual's personal
16qualifications to perform a lawful occupation.
17 "Personal qualifications" means criteria related to an
18individual's personal background and characteristics,
19including completion of an approved educational program,
20satisfactory performance on an examination, work experience,
21other evidence of attainment of requisite skills or knowledge,
22moral standing, criminal history, and completion of continuing
23education.
24 "Registration" means a requirement to give notice to the
25government that may include the individual's name and address,
26the individual's agent for service of process, the location of

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1the activity to be performed, and a description of the service
2the individual provides. "Registration" does not include
3personal qualifications but may require a bond or insurance.
4Upon the government's receipt of notice, the individual may use
5"registered" as a designated title. A non-registered
6individual may not perform the occupation for compensation or
7use "registered" as a designated title. Registration is not
8transferable.
9 "Specialty occupational license for medical reimbursement"
10means a nontransferable authorization in law for an individual
11to qualify for payment or reimbursement from a government
12agency for the non-exclusive provision of medical services
13based on meeting personal qualifications established by the
14legislature. A private company may recognize this credential.
15Notwithstanding this specialty license, it is legal for a
16person regulated under another occupational regulation to
17provide similar services as defined in that statute for
18compensation and reimbursement. It is also legal for an
19individual who does not possess this specialty license to
20provide the identified medical services for compensation but
21the non-licensed individual shall not qualify for payment or
22reimbursement from a government agency.
23 Section 20. Statutory interpretation. For the purposes of
24this Act, the following statutory interpretations apply:
25 (1) The terms "certification" and "registration" are

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1 not synonymous with an "occupational license" in this Act.
2 (2) The use of the terms "certification" and
3 "certified" in other statutes to mean requiring an
4 individual to meet certain personal qualifications to work
5 legally shall be interpreted for the purposes of this Act
6 as requiring an individual to meet the requirements of an
7 "occupational license".
8 (3) The use of the terms "registration" and
9 "registered" in other statutes to mean requiring an
10 individual to meet certain personal qualifications to work
11 legally shall be interpreted for the purposes of this Act
12 as requiring an individual to meet the requirements of an
13 "occupational license".
14 Section 25. Petition for review of criminal history.
15 (a) The fundamental right of an individual to pursue an
16occupation includes the right of an individual with a criminal
17history to obtain an occupational license, specialty
18occupational license for medical reimbursement, government
19certification, or any State recognition of the individual's
20personal qualifications ("State recognition").
21 (b) An individual with a criminal history may petition the
22responsible licensing board, at any time, including before
23obtaining any required education or paying any fee, for a
24determination of whether the individual's criminal history
25will disqualify the individual from obtaining State

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1recognition.
2 (c) Notwithstanding any other statute or rule, the board is
3authorized to determine whether the individual's criminal
4history disqualifies the individual from obtaining State
5recognition.
6 (d) The board may find that the individual's criminal
7history disqualifies the individual from obtaining State
8recognition only if all of the following conditions are met:
9 (1) the individual has a felony conviction;
10 (2) the type of felony for which the individual was
11 convicted is expressly codified as a disqualifying offense
12 in the relevant occupational license's statute; and
13 (3) the board determines the State has an important
14 interest in protecting public safety that is superior to
15 the individual's right because both the nature of the
16 specific disqualifying offense for which the individual
17 was convicted and the risk of the individual's recidivating
18 that specific offense are, at the time of the petition,
19 substantially related to the State's interest.
20 (e) The board shall issue its determination within 90 days
21after the board receives the petition. The determination shall
22be in writing and include a finding of facts and a conclusion
23of law.
24 (f) If the board determines the State's interest is
25superior to the individual's right, the board may advise the
26individual of actions the individual may take to remedy the

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1disqualification.
2 (g) The individual may appeal the board's determination as
3provided for in the Illinois Administrative Procedure Act.
4 (h) The individual may submit a new petition to the same
5responsible licensing board at any time 2 years after final
6judgement in the initial petition. If the new petition is
7submitted on the ground that the individual has undertaken the
8actions the board has advised him or her will remedy the
9disqualification, then the individual may submit a new petition
10at any time 6 months after final judgment in the initial
11petition.
12 (i) The board may rescind its determination at any time in
13the future if the individual is convicted of an additional
14offense that the board determines meets the elements in
15subsection (d).
16 Section 30. Office of Supervision of Occupational Boards.
17 (a) The Governor shall establish the Office of Supervision
18of Occupational Boards within the Office of the Governor.
19 (b) The Office is responsible for actively supervising
20State occupational boards to ensure compliance with the
21policies in Section 5. The Office shall be staffed by one or
22more attorneys who do not provide general counsel to any board
23and exercise control over a board's processes and substantive
24actions.
25 (c) The Office must review and approve or reject any

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1proposed board rule, policy, enforcement, or other regulatory
2action prior to it being adopted or implemented. The Office's
3approval must be explicit; silence or failure to act shall not
4be deemed approval.
5 (d) A person may file a complaint to the Office about a
6board's rule, policy, or enforcement action that the person
7believes is inconsistent with Section 5. Within 90 days, the
8Office will investigate the complaint, identify remedies to the
9complaint, instruct the board to take action, where
10appropriate, and respond in writing to the person. There is no
11administrative appeal available to the person of the Office's
12decision under the Administrative Review Law.
13 (e) A member of the General Assembly may ask the Attorney
14General to review:
15 (1) a board's rule, policy, or enforcement action that
16 the member of the General Assembly believes is inconsistent
17 with Section 5;
18 (2) the Office's active supervision of a board; or
19 (3) the Office's response to a complaint filed under
20 subsection (d) of this Section.
21 (f) The Office and the Attorney General may assess its
22costs on each board for its services of active supervision and
23review. Each board may recoup the assessment by increasing the
24fees paid to each board by license holders.
25 Section 35. The General Assembly's analysis of

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1occupational regulations.
2 (a) The Speaker of the House of Representatives, the
3President of the Senate, the Minority Leader of the House of
4Representatives, and the Minority Leader of the Senate shall
5establish a position in the nonpartisan research staff to
6analyze occupational regulations. The person holding the
7position:
8 (1) is responsible for reviewing legislation to enact
9 or modify an occupational regulation to ensure compliance
10 with the policies in Section 5;
11 (2) may require the legislation's sponsors to submit
12 evidence of present, significant, and substantiated harms
13 to consumers in the State, which may require information
14 from others knowledgeable of the occupation, labor
15 economics, or other factors;
16 (3) shall determine if legislation meets the State
17 policy of using the least restrictive regulation necessary
18 to protect consumers from present, significant, and
19 substantiated harms;
20 (4) shall evaluate the effects of legislation on
21 opportunities for workers, consumer choices and costs,
22 general unemployment, market competition, and governmental
23 costs and other effects;
24 (5) shall compare the legislation to other states that
25 regulate the occupation; and
26 (6) shall issue a report to the relevant legislative

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1 committees about legislation on a timely basis.
2 (b) The House of Representatives and the Senate shall each
3adopt a rule requiring a committee to consider legislation to
4enact or modify an occupational regulation to receive the
5analysis of the legislation prior to voting on the legislation.
6 (c) On or before January 1, 2018, the person holding this
7position shall review annually regulations of approximately
820% of occupations subject to State regulation to improve
9compliance with this Act and shall review all occupational
10regulations over a period of 5 years. This may require
11information be submitted by a board, its members, and others.
12 (d) On or before January 1, 2018 and on or before January 1
13of each year thereafter, the person holding this position shall
14file the report of the findings of the reviews with the
15Secretary of the Senate, the Clerk of the House of
16Representatives, and the Attorney General. The report shall
17suggest changes to occupational regulations to improve
18compliance with this Act.
19 Section 40. Active supervision.
20 (a) The Office of Supervision of Occupational Boards shall
21independently:
22 (1) play a substantial role in the development of an
23 occupational board's rules and policies to ensure they
24 benefit consumers and do not serve private interests of
25 providers of goods and services who the occupational board

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1 regulates;
2 (2) disapprove the use of any board rule or policy and
3 terminate any enforcement action outstanding at the time of
4 this Act's enactment and subsequently that fails to achieve
5 the policies stated under Section 5;
6 (3) exercise control over each of the boards by
7 reviewing and affirmatively approving only rules,
8 policies, and enforcement actions that are consistent with
9 Section 5; and
10 (4) use the analysis under Section 35 and conduct
11 reasonable investigations to gain additional information,
12 including about less restrictive regulatory approaches, to
13 reduce exposure to antitrust litigation.
14 (b) A government or private attorney providing general
15counsel to a board does not meet the requirement for active
16supervision.
17 Section 45. Preemption. This Act preempts any ordinance
18enacted by a township, municipality, county, or other
19government in the State that regulates the same occupations
20regulated by the State. This Section is a denial and limitation
21of home rule powers and functions under subsection (h) of
22Section 6 of Article VII of the Illinois Constitution.
23 Section 50. The Civil Administrative Code of Illinois is
24amended by changing Section 5-715 as follows:

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1 (20 ILCS 5/5-715)
2 Sec. 5-715. Expedited licensure for service members and
3spouses.
4 (a) In this Section, "service member" means any person who,
5at the time of application under this Section, is an active
6duty member of the United States Armed Forces or any reserve
7component of the United States Armed Forces or the National
8Guard of any state, commonwealth, or territory of the United
9States or the District of Columbia or whose active duty service
10concluded within the preceding 2 years before application.
11 (b) Each director of a department that issues an
12occupational or professional license is authorized to and shall
13issue an expedited temporary occupational or professional
14license to a service member who meets the requirements under
15this Section. The temporary occupational or professional
16license shall be valid for 6 months after the date of issuance
17or until a license is granted or a notice to deny a license is
18issued in accordance with rules adopted by the department
19issuing the license, whichever occurs first. The license or
20notice to deny a license shall be issued within the 6-month
21period of the service member's temporary occupational or
22professional license. No temporary occupational or
23professional license shall be renewed. The service member shall
24apply to the department on forms provided by the department. An
25application must include proof that:

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1 (1) the applicant is a service member;
2 (2) the applicant holds a valid license in good
3 standing for the occupation or profession issued by another
4 state, commonwealth, possession, or territory of the
5 United States, the District of Columbia, or any foreign
6 jurisdiction and the requirements for licensure in the
7 other jurisdiction are determined by the department to be
8 substantially equivalent to the standards for licensure of
9 this State;
10 (3) the applicant is assigned to a duty station in this
11 State or has established legal residence in this State;
12 (4) a complete set of the applicant's fingerprints has
13 been submitted to the Department of State Police for
14 statewide and national criminal history checks, if
15 applicable to the requirements of the department issuing
16 the license; the applicant shall pay the fee to the
17 Department of State Police or to the fingerprint vendor for
18 electronic fingerprint processing; no temporary
19 occupational or professional license shall be issued to an
20 applicant if the statewide or national criminal history
21 check discloses information that would cause the denial of
22 an application for licensure under any applicable
23 occupational or professional licensing Act;
24 (5) the applicant is not ineligible for licensure
25 pursuant to Section 2105-165 of the Civil Administrative
26 Code of Illinois;

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1 (6) the applicant has submitted an application for full
2 licensure; and
3 (7) the applicant has paid the required fee; fees shall
4 not be refundable.
5 (c) Each director of a department that issues an
6occupational or professional license is authorized to and shall
7issue an expedited temporary occupational or professional
8license to the spouse of a service member who meets the
9requirements under this Section. The temporary occupational or
10professional license shall be valid for 6 months after the date
11of issuance or until a license is granted or a notice to deny a
12license is issued in accordance with rules adopted by the
13department issuing the license, whichever occurs first. The
14license or notice to deny a license shall be issued within the
156-month period of the service member spouse's temporary
16occupational or professional license. No temporary
17occupational or professional license shall be renewed. The
18spouse of a service member shall apply to the department on
19forms provided by the department. An application must include
20proof that:
21 (1) the applicant is the spouse of a service member;
22 (2) the applicant holds a valid license in good
23 standing for the occupation or profession issued by another
24 state, commonwealth, possession, or territory of the
25 United States, the District of Columbia, or any foreign
26 jurisdiction and the requirements for licensure in the

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1 other jurisdiction are determined by the department to be
2 substantially equivalent to the standards for licensure of
3 this State;
4 (3) the applicant's spouse is assigned to a duty
5 station in this State or has established legal residence in
6 this State;
7 (4) a complete set of the applicant's fingerprints has
8 been submitted to the Department of State Police for
9 statewide and national criminal history checks, if
10 applicable to the requirements of the department issuing
11 the license; the applicant shall pay the fee to the
12 Department of State Police or to the fingerprint vendor for
13 electronic fingerprint processing; no temporary
14 occupational or professional license shall be issued to an
15 applicant if the statewide or national criminal history
16 check discloses information that would cause the denial of
17 an application for licensure under any applicable
18 occupational or professional licensing Act;
19 (5) the applicant is not ineligible for licensure
20 pursuant to Section 2105-165 of the Civil Administrative
21 Code of Illinois;
22 (6) the applicant has submitted an application for full
23 licensure; and
24 (7) the applicant has paid the required fee; fees shall
25 not be refundable.
26 (d) All relevant experience of a service member in the

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1discharge of official duties, including full-time and
2part-time experience, shall be credited in the calculation of
3any years of practice in an occupation or profession as may be
4required under any applicable occupational or professional
5licensing Act. All relevant training provided by the military
6and completed by a service member shall be credited to that
7service member as meeting any training or education requirement
8under any applicable occupational or professional licensing
9Act, provided that the training or education is determined by
10the department to be substantially equivalent to that required
11under any applicable Act and is not otherwise contrary to any
12other licensure requirement.
13 (e) A department may adopt any rules necessary for the
14implementation and administration of this Section and shall by
15rule provide for fees for the administration of this Section.
16 (f) If the director of a department denies licensure to a
17service member or the spouse of a service member, the
18department must provide evidence that his or her licensure
19would endanger legitimate public health, safety, and welfare
20objectives. The department must also provide a specifically
21tailored and demonstrably necessary course of action for the
22service member or spouse of a service member to take to meet
23the requirements for licensure in Illinois. Those requirements
24shall be restricted to requirements that are not covered by the
25applicant's out-of-state license and could not have been gained
26by the applicant's work experience.

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1(Source: P.A. 97-710, eff. 1-1-13; 98-463, eff. 8-16-13.)
2 Section 55. The Nurse Practice Act is amended by adding
3Article 85 as follows:
4 (225 ILCS 65/Art. 85 heading new)
5
ARTICLE 85. NURSE LICENSURE COMPACT
6 (225 ILCS 65/85-5 new)
7 Sec. 85-5. Nurse Licensure Compact. The State of Illinois
8ratifies and approves the following Compact:
9
ARTICLE I
10
Findings and Declaration of Purpose
11 a. The party states find that:
12 1. The health and safety of the public are affected by
13 the degree of compliance with and the effectiveness of
14 enforcement activities related to state nurse licensure
15 laws;
16 2. Violations of nurse licensure and other laws
17 regulating the practice of nursing may result in injury or
18 harm to the public;
19 3. The expanded mobility of nurses and the use of
20 advanced communication technologies as part of our
21 nation's health care delivery system require greater

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1 coordination and cooperation among states in the areas of
2 nurse licensure and regulation;
3 4. New practice modalities and technology make
4 compliance with individual state nurse licensure laws
5 difficult and complex;
6 5. The current system of duplicative licensure for
7 nurses practicing in multiple states is cumbersome and
8 redundant for both nurses and states; and
9 6. Uniformity of nurse licensure requirements
10 throughout the states promotes public safety and public
11 health benefits.
12 b. The general purposes of this Compact are to:
13 1. Facilitate the states' responsibility to protect
14 the public's health and safety;
15 2. Ensure and encourage the cooperation of party states
16 in the areas of nurse licensure and regulation;
17 3. Facilitate the exchange of information between
18 party states in the areas of nurse regulation,
19 investigation and adverse actions;
20 4. Promote compliance with the laws governing the
21 practice of nursing in each jurisdiction;
22 5. Invest all party states with the authority to hold a
23 nurse accountable for meeting all state practice laws in
24 the state in which the patient is located at the time care
25 is rendered through the mutual recognition of party state
26 licenses;

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1 6. Decrease redundancies in the consideration and
2 issuance of nurse licenses; and
3 7. Provide opportunities for interstate practice by
4 nurses who meet uniform licensure requirements.
5
ARTICLE II
6
Definitions
7 As used in this Compact:
8 a. "Adverse action" means any administrative, civil,
9 equitable or criminal action permitted by a state's laws
10 which is imposed by a licensing board or other authority
11 against a nurse, including actions against an individual's
12 license or multistate licensure privilege such as
13 revocation, suspension, probation, monitoring of the
14 licensee, limitation on the licensee's practice, or any
15 other encumbrance on licensure affecting a nurse's
16 authorization to practice, including issuance of a cease
17 and desist action.
18 b. "Alternative program" means a non-disciplinary
19 monitoring program approved by a licensing board.
20 c. "Coordinated licensure information system" means an
21 integrated process for collecting, storing and sharing
22 information on nurse licensure and enforcement activities
23 related to nurse licensure laws that is administered by a
24 nonprofit organization composed of and controlled by

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1 licensing boards.
2 d. "Current significant investigative information"
3 means:
4 1. Investigative information that a licensing
5 board, after a preliminary inquiry that includes
6 notification and an opportunity for the nurse to
7 respond, if required by state law, has reason to
8 believe is not groundless and, if proved true, would
9 indicate more than a minor infraction; or
10 2. Investigative information that indicates that
11 the nurse represents an immediate threat to public
12 health and safety regardless of whether the nurse has
13 been notified and had an opportunity to respond.
14 e. "Encumbrance" means a revocation or suspension of,
15 or any limitation on, the full and unrestricted practice of
16 nursing imposed by a licensing board.
17 f. "Home state" means the party state which is the
18 nurse's primary state of residence.
19 g. "Licensing board" means a party state's regulatory
20 body responsible for issuing nurse licenses.
21 h. "Multistate license" means a license to practice as
22 a registered or a licensed practical/vocational nurse
23 (LPN/VN) issued by a home state licensing board that
24 authorizes the licensed nurse to practice in all party
25 states under a multistate licensure privilege.
26 i. "Multistate licensure privilege" means a legal

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1 authorization associated with a multistate license
2 permitting the practice of nursing as either a registered
3 nurse (RN) or LPN/VN in a remote state.
4 j. "Nurse" means RN or LPN/VN, as those terms are
5 defined by each party state's practice laws.
6 k. "Party state" means any state that has adopted this
7 Compact.
8 l. "Remote state" means a party state, other than the
9 home state.
10 m. "Single-state license" means a nurse license issued
11 by a party state that authorizes practice only within the
12 issuing state and does not include a multistate licensure
13 privilege to practice in any other party state.
14 n. "State" means a state, territory or possession of
15 the United States and the District of Columbia.
16 o. "State practice laws" means a party state's laws,
17 rules and regulations that govern the practice of nursing,
18 define the scope of nursing practice, and create the
19 methods and grounds for imposing discipline. "State
20 practice laws" do not include requirements necessary to
21 obtain and retain a license, except for qualifications or
22 requirements of the home state.
23
ARTICLE III
24
General Provisions and Jurisdiction

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1 a. A multistate license to practice registered or licensed
2practical/vocational nursing issued by a home state to a
3resident in that state will be recognized by each party state
4as authorizing a nurse to practice as a registered nurse (RN)
5or as a licensed practical/vocational nurse (LPN/VN), under a
6multistate licensure privilege, in each party state.
7 b. A state must implement procedures for considering the
8criminal history records of applicants for initial multistate
9license or licensure by endorsement. Such procedures shall
10include the submission of fingerprints or other
11biometric-based information by applicants for the purpose of
12obtaining an applicant's criminal history record information
13from the Federal Bureau of Investigation and the agency
14responsible for retaining that state's criminal records.
15 c. Each party state shall require the following for an
16applicant to obtain or retain a multistate license in the home
17state:
18 1. Meets the home state's qualifications for licensure
19 or renewal of licensure, as well as, all other applicable
20 state laws;
21 2. i. Has graduated or is eligible to graduate from a
22 licensing board-approved RN or LPN/VN prelicensure
23 education program; or
24 ii. Has graduated from a foreign RN or LPN/VN
25 prelicensure education program that (a) has been approved
26 by the authorized accrediting body in the applicable

HB3320- 24 -LRB100 05501 SMS 15512 b
1 country and (b) has been verified by an independent
2 credentials review agency to be comparable to a licensing
3 board-approved prelicensure education program;
4 3. Has, if a graduate of a foreign prelicensure
5 education program not taught in English or if English is
6 not the individual's native language, successfully passed
7 an English proficiency examination that includes the
8 components of reading, speaking, writing and listening;
9 4. Has successfully passed an NCLEX-RNŽ or NCLEX-PNŽ
10 Examination or recognized predecessor, as applicable;
11 5. Is eligible for or holds an active, unencumbered
12 license;
13 6. Has submitted, in connection with an application for
14 initial licensure or licensure by endorsement,
15 fingerprints or other biometric data for the purpose of
16 obtaining criminal history record information from the
17 Federal Bureau of Investigation and the agency responsible
18 for retaining that state's criminal records;
19 7. Has not been convicted or found guilty, or has
20 entered into an agreed disposition, of a felony offense
21 under applicable state or federal criminal law;
22 8. Has not been convicted or found guilty, or has
23 entered into an agreed disposition, of a misdemeanor
24 offense related to the practice of nursing as determined on
25 a case-by-case basis;
26 9. Is not currently enrolled in an alternative program;

HB3320- 25 -LRB100 05501 SMS 15512 b
1 10. Is subject to self-disclosure requirements
2 regarding current participation in an alternative program;
3 and
4 11. Has a valid United States Social Security number.
5 d. All party states shall be authorized, in accordance with
6existing state due process law, to take adverse action against
7a nurse's multistate licensure privilege such as revocation,
8suspension, probation or any other action that affects a
9nurse's authorization to practice under a multistate licensure
10privilege, including cease and desist actions. If a party state
11takes such action, it shall promptly notify the administrator
12of the coordinated licensure information system. The
13administrator of the coordinated licensure information system
14shall promptly notify the home state of any such actions by
15remote states.
16 e. A nurse practicing in a party state must comply with the
17state practice laws of the state in which the client is located
18at the time service is provided. The practice of nursing is not
19limited to patient care, but shall include all nursing practice
20as defined by the state practice laws of the party state in
21which the client is located. The practice of nursing in a party
22state under a multistate licensure privilege will subject a
23nurse to the jurisdiction of the licensing board, the courts
24and the laws of the party state in which the client is located
25at the time service is provided.
26 f. Individuals not residing in a party state shall continue

HB3320- 26 -LRB100 05501 SMS 15512 b
1to be able to apply for a party state's single-state license as
2provided under the laws of each party state. However, the
3single-state license granted to these individuals will not be
4recognized as granting the privilege to practice nursing in any
5other party state. Nothing in this Compact shall affect the
6requirements established by a party state for the issuance of a
7single-state license.
8 g. Any nurse holding a home state multistate license, on
9the effective date of this Compact, may retain and renew the
10multistate license issued by the nurse's then-current home
11state, provided that:
12 1. A nurse, who changes primary state of residence
13 after this Compact's effective date, must meet all
14 applicable Article III.c. requirements to obtain a
15 multistate license from a new home state.
16 2. A nurse who fails to satisfy the multistate
17 licensure requirements in Article III.c. due to a
18 disqualifying event occurring after this Compact's
19 effective date shall be ineligible to retain or renew a
20 multistate license, and the nurse's multistate license
21 shall be revoked or deactivated in accordance with
22 applicable rules adopted by the Interstate Commission of
23 Nurse Licensure Compact Administrators ("Commission").
24
ARTICLE IV
25
Applications for Licensure in a Party State

HB3320- 27 -LRB100 05501 SMS 15512 b
1 a. Upon application for a multistate license, the licensing
2board in the issuing party state shall ascertain, through the
3coordinated licensure information system, whether the
4applicant has ever held, or is the holder of, a license issued
5by any other state, whether there are any encumbrances on any
6license or multistate licensure privilege held by the
7applicant, whether any adverse action has been taken against
8any license or multistate licensure privilege held by the
9applicant and whether the applicant is currently participating
10in an alternative program.
11 b. A nurse may hold a multistate license, issued by the
12home state, in only one party state at a time.
13 c. If a nurse changes primary state of residence by moving
14between two party states, the nurse must apply for licensure in
15the new home state, and the multistate license issued by the
16prior home state will be deactivated in accordance with
17applicable rules adopted by the Commission.
18 1. The nurse may apply for licensure in advance of a
19 change in primary state of residence.
20 2. A multistate license shall not be issued by the new
21 home state until the nurse provides satisfactory evidence
22 of a change in primary state of residence to the new home
23 state and satisfies all applicable requirements to obtain a
24 multistate license from the new home state.
25 d. If a nurse changes primary state of residence by moving

HB3320- 28 -LRB100 05501 SMS 15512 b
1from a party state to a non-party state, the multistate license
2issued by the prior home state will convert to a single-state
3license, valid only in the former home state.
4
ARTICLE V
5
Additional Authorities Invested in Party State Licensing
6
Boards
7 a. In addition to the other powers conferred by state law,
8a licensing board shall have the authority to:
9 1. Take adverse action against a nurse's multistate
10 licensure privilege to practice within that party state.
11 i. Only the home state shall have the power to take
12 adverse action against a nurse's license issued by the
13 home state.
14 ii. For purposes of taking adverse action, the home
15 state licensing board shall give the same priority and
16 effect to reported conduct received from a remote state
17 as it would if such conduct had occurred within the
18 home state. In so doing, the home state shall apply its
19 own state laws to determine appropriate action.
20 2. Issue cease and desist orders or impose an
21 encumbrance on a nurse's authority to practice within that
22 party state.
23 3. Complete any pending investigations of a nurse who
24 changes primary state of residence during the course of

HB3320- 29 -LRB100 05501 SMS 15512 b
1 such investigations. The licensing board shall also have
2 the authority to take appropriate action(s) and shall
3 promptly report the conclusions of such investigations to
4 the administrator of the coordinated licensure information
5 system. The administrator of the coordinated licensure
6 information system shall promptly notify the new home state
7 of any such actions.
8 4. Issue subpoenas for both hearings and
9 investigations that require the attendance and testimony
10 of witnesses, as well as, the production of evidence.
11 Subpoenas issued by a licensing board in a party state for
12 the attendance and testimony of witnesses or the production
13 of evidence from another party state shall be enforced in
14 the latter state by any court of competent jurisdiction,
15 according to the practice and procedure of that court
16 applicable to subpoenas issued in proceedings pending
17 before it. The issuing authority shall pay any witness
18 fees, travel expenses, mileage and other fees required by
19 the service statutes of the state in which the witnesses or
20 evidence are located.
21 5. Obtain and submit, for each nurse licensure
22 applicant, fingerprint or other biometric-based
23 information to the Federal Bureau of Investigation for
24 criminal background checks, receive the results of the
25 Federal Bureau of Investigation record search on criminal
26 background checks and use the results in making licensure

HB3320- 30 -LRB100 05501 SMS 15512 b
1 decisions.
2 6. If otherwise permitted by state law, recover from
3 the affected nurse the costs of investigations and
4 disposition of cases resulting from any adverse action
5 taken against that nurse.
6 7. Take adverse action based on the factual findings of
7 the remote state, provided that the licensing board follows
8 its own procedures for taking such adverse action.
9 b. If adverse action is taken by the home state against a
10nurse's multistate license, the nurse's multistate licensure
11privilege to practice in all other party states shall be
12deactivated until all encumbrances have been removed from the
13multistate license. All home state disciplinary orders that
14impose adverse action against a nurse's multistate license
15shall include a statement that the nurse's multistate licensure
16privilege is deactivated in all party states during the
17pendency of the order.
18 c. Nothing in this Compact shall override a party state's
19decision that participation in an alternative program may be
20used in lieu of adverse action. The home state licensing board
21shall deactivate the multistate licensure privilege under the
22multistate license of any nurse for the duration of the nurse's
23participation in an alternative program.
24
ARTICLE VI
25
Coordinated Licensure Information System and Exchange of

HB3320- 31 -LRB100 05501 SMS 15512 b
1
Information
2 a. All party states shall participate in a coordinated
3licensure information system of all licensed registered nurses
4(RNs) and licensed practical/vocational nurses (LPNs/VNs).
5This system will include information on the licensure and
6disciplinary history of each nurse, as submitted by party
7states, to assist in the coordination of nurse licensure and
8enforcement efforts.
9 b. The Commission, in consultation with the administrator
10of the coordinated licensure information system, shall
11formulate necessary and proper procedures for the
12identification, collection and exchange of information under
13this Compact.
14 c. All licensing boards shall promptly report to the
15coordinated licensure information system any adverse action,
16any current significant investigative information, denials of
17applications (with the reasons for such denials) and nurse
18participation in alternative programs known to the licensing
19board regardless of whether such participation is deemed
20nonpublic or confidential under state law.
21 d. Current significant investigative information and
22participation in nonpublic or confidential alternative
23programs shall be transmitted through the coordinated
24licensure information system only to party state licensing
25boards.

HB3320- 32 -LRB100 05501 SMS 15512 b
1 e. Notwithstanding any other provision of law, all party
2state licensing boards contributing information to the
3coordinated licensure information system may designate
4information that may not be shared with non-party states or
5disclosed to other entities or individuals without the express
6permission of the contributing state.
7 f. Any personally identifiable information obtained from
8the coordinated licensure information system by a party state
9licensing board shall not be shared with non-party states or
10disclosed to other entities or individuals except to the extent
11permitted by the laws of the party state contributing the
12information.
13 g. Any information contributed to the coordinated
14licensure information system that is subsequently required to
15be expunged by the laws of the party state contributing that
16information shall also be expunged from the coordinated
17licensure information system.
18 h. The Compact administrator of each party state shall
19furnish a uniform data set to the Compact administrator of each
20other party state, which shall include, at a minimum:
21 1. Identifying information;
22 2. Licensure data;
23 3. Information related to alternative program
24 participation; and
25 4. Other information that may facilitate the
26 administration of this Compact, as determined by

HB3320- 33 -LRB100 05501 SMS 15512 b
1 Commission rules.
2 i. The Compact administrator of a party state shall provide
3all investigative documents and information requested by
4another party state.
5
ARTICLE VII
6
Establishment of the Interstate Commission of Nurse Licensure
7
Compact Administrators
8 a. The party states hereby create and establish a joint
9public entity known as the Interstate Commission of Nurse
10Licensure Compact Administrators.
11 1. The Commission is an instrumentality of the party
12 states.
13 2. Venue is proper, and judicial proceedings by or
14 against the Commission shall be brought solely and
15 exclusively, in a court of competent jurisdiction where the
16 principal office of the Commission is located. The
17 Commission may waive venue and jurisdictional defenses to
18 the extent it adopts or consents to participate in
19 alternative dispute resolution proceedings.
20 3. Nothing in this Compact shall be construed to be a
21 waiver of sovereign immunity.
22 b. Membership, Voting and Meetings
23 1. Each party state shall have and be limited to one
24 administrator. The head of the state licensing board or

HB3320- 34 -LRB100 05501 SMS 15512 b
1 designee shall be the administrator of this Compact for
2 each party state. Any administrator may be removed or
3 suspended from office as provided by the law of the state
4 from which the Administrator is appointed. Any vacancy
5 occurring in the Commission shall be filled in accordance
6 with the laws of the party state in which the vacancy
7 exists.
8 2. Each administrator shall be entitled to one (1) vote
9 with regard to the promulgation of rules and creation of
10 bylaws and shall otherwise have an opportunity to
11 participate in the business and affairs of the Commission.
12 An administrator shall vote in person or by such other
13 means as provided in the bylaws. The bylaws may provide for
14 an administrator's participation in meetings by telephone
15 or other means of communication.
16 3. The Commission shall meet at least once during each
17 calendar year. Additional meetings shall be held as set
18 forth in the bylaws or rules of the commission.
19 4. All meetings shall be open to the public, and public
20 notice of meetings shall be given in the same manner as
21 required under the rulemaking provisions in Article VIII.
22 5. The Commission may convene in a closed, nonpublic
23 meeting if the Commission must discuss:
24 i. Noncompliance of a party state with its
25 obligations under this Compact;
26 ii. The employment, compensation, discipline or

HB3320- 35 -LRB100 05501 SMS 15512 b
1 other personnel matters, practices or procedures
2 related to specific employees or other matters related
3 to the Commission's internal personnel practices and
4 procedures;
5 iii. Current, threatened or reasonably anticipated
6 litigation;
7 iv. Negotiation of contracts for the purchase or
8 sale of goods, services or real estate;
9 v. Accusing any person of a crime or formally
10 censuring any person;
11 vi. Disclosure of trade secrets or commercial or
12 financial information that is privileged or
13 confidential;
14 vii. Disclosure of information of a personal
15 nature where disclosure would constitute a clearly
16 unwarranted invasion of personal privacy;
17 viii. Disclosure of investigatory records compiled
18 for law enforcement purposes;
19 ix. Disclosure of information related to any
20 reports prepared by or on behalf of the Commission for
21 the purpose of investigation of compliance with this
22 Compact; or
23 x. Matters specifically exempted from disclosure
24 by federal or state statute.
25 6. If a meeting, or portion of a meeting, is closed
26 pursuant to this provision, the Commission's legal counsel

HB3320- 36 -LRB100 05501 SMS 15512 b
1 or designee shall certify that the meeting may be closed
2 and shall reference each relevant exempting provision. The
3 Commission shall keep minutes that fully and clearly
4 describe all matters discussed in a meeting and shall
5 provide a full and accurate summary of actions taken, and
6 the reasons therefor, including a description of the views
7 expressed. All documents considered in connection with an
8 action shall be identified in such minutes. All minutes and
9 documents of a closed meeting shall remain under seal,
10 subject to release by a majority vote of the Commission or
11 order of a court of competent jurisdiction.
12 c. The Commission shall, by a majority vote of the
13administrators, prescribe bylaws or rules to govern its conduct
14as may be necessary or appropriate to carry out the purposes
15and exercise the powers of this Compact, including but not
16limited to:
17 1. Establishing the fiscal year of the Commission;
18 2. Providing reasonable standards and procedures:
19 i. For the establishment and meetings of other
20 committees; and
21 ii. Governing any general or specific delegation
22 of any authority or function of the Commission;
23 3. Providing reasonable procedures for calling and
24 conducting meetings of the Commission, ensuring reasonable
25 advance notice of all meetings and providing an opportunity
26 for attendance of such meetings by interested parties, with

HB3320- 37 -LRB100 05501 SMS 15512 b
1 enumerated exceptions designed to protect the public's
2 interest, the privacy of individuals, and proprietary
3 information, including trade secrets. The Commission may
4 meet in closed session only after a majority of the
5 administrators vote to close a meeting in whole or in part.
6 As soon as practicable, the Commission must make public a
7 copy of the vote to close the meeting revealing the vote of
8 each administrator, with no proxy votes allowed;
9 4. Establishing the titles, duties and authority and
10 reasonable procedures for the election of the officers of
11 the Commission;
12 5. Providing reasonable standards and procedures for
13 the establishment of the personnel policies and programs of
14 the Commission. Notwithstanding any civil service or other
15 similar laws of any party state, the bylaws shall
16 exclusively govern the personnel policies and programs of
17 the Commission; and
18 6. Providing a mechanism for winding up the operations
19 of the Commission and the equitable disposition of any
20 surplus funds that may exist after the termination of this
21 Compact after the payment or reserving of all of its debts
22 and obligations;
23 d. The Commission shall publish its bylaws and rules, and
24any amendments thereto, in a convenient form on the website of
25the Commission.
26 e. The Commission shall maintain its financial records in

HB3320- 38 -LRB100 05501 SMS 15512 b
1accordance with the bylaws.
2 f. The Commission shall meet and take such actions as are
3consistent with the provisions of this Compact and the bylaws.
4 g. The Commission shall have the following powers:
5 1. To promulgate uniform rules to facilitate and
6 coordinate implementation and administration of this
7 Compact. The rules shall have the force and effect of law
8 and shall be binding in all party states;
9 2. To bring and prosecute legal proceedings or actions
10 in the name of the Commission, provided that the standing
11 of any licensing board to sue or be sued under applicable
12 law shall not be affected;
13 3. To purchase and maintain insurance and bonds;
14 4. To borrow, accept or contract for services of
15 personnel, including, but not limited to, employees of a
16 party state or nonprofit organizations;
17 5. To cooperate with other organizations that
18 administer state compacts related to the regulation of
19 nursing, including but not limited to sharing
20 administrative or staff expenses, office space or other
21 resources;
22 6. To hire employees, elect or appoint officers, fix
23 compensation, define duties, grant such individuals
24 appropriate authority to carry out the purposes of this
25 Compact, and to establish the Commission's personnel
26 policies and programs relating to conflicts of interest,

HB3320- 39 -LRB100 05501 SMS 15512 b
1 qualifications of personnel and other related personnel
2 matters;
3 7. To accept any and all appropriate donations, grants
4 and gifts of money, equipment, supplies, materials and
5 services, and to receive, utilize and dispose of the same;
6 provided that at all times the Commission shall avoid any
7 appearance of impropriety or conflict of interest;
8 8. To lease, purchase, accept appropriate gifts or
9 donations of, or otherwise to own, hold, improve or use,
10 any property, whether real, personal or mixed; provided
11 that at all times the Commission shall avoid any appearance
12 of impropriety;
13 9. To sell, convey, mortgage, pledge, lease, exchange,
14 abandon or otherwise dispose of any property, whether real,
15 personal or mixed;
16 10. To establish a budget and make expenditures;
17 11. To borrow money;
18 12. To appoint committees, including advisory
19 committees comprised of administrators, state nursing
20 regulators, state legislators or their representatives,
21 and consumer representatives, and other such interested
22 persons;
23 13. To provide and receive information from, and to
24 cooperate with, law enforcement agencies;
25 14. To adopt and use an official seal; and
26 15. To perform such other functions as may be necessary

HB3320- 40 -LRB100 05501 SMS 15512 b
1 or appropriate to achieve the purposes of this Compact
2 consistent with the state regulation of nurse licensure and
3 practice.
4 h. Financing of the Commission
5 1. The Commission shall pay, or provide for the payment
6 of, the reasonable expenses of its establishment,
7 organization and ongoing activities.
8 2. The Commission may also levy on and collect an
9 annual assessment from each party state to cover the cost
10 of its operations, activities and staff in its annual
11 budget as approved each year. The aggregate annual
12 assessment amount, if any, shall be allocated based upon a
13 formula to be determined by the Commission, which shall
14 promulgate a rule that is binding upon all party states.
15 3. The Commission shall not incur obligations of any
16 kind prior to securing the funds adequate to meet the same;
17 nor shall the Commission pledge the credit of any of the
18 party states, except by, and with the authority of, such
19 party state.
20 4. The Commission shall keep accurate accounts of all
21 receipts and disbursements. The receipts and disbursements
22 of the Commission shall be subject to the audit and
23 accounting procedures established under its bylaws.
24 However, all receipts and disbursements of funds handled by
25 the Commission shall be audited yearly by a certified or
26 licensed public accountant, and the report of the audit

HB3320- 41 -LRB100 05501 SMS 15512 b
1 shall be included in and become part of the annual report
2 of the Commission.
3 i. Qualified Immunity, Defense and Indemnification
4 1. The administrators, officers, executive director,
5 employees and representatives of the Commission shall be
6 immune from suit and liability, either personally or in
7 their official capacity, for any claim for damage to or
8 loss of property or personal injury or other civil
9 liability caused by or arising out of any actual or alleged
10 act, error or omission that occurred, or that the person
11 against whom the claim is made had a reasonable basis for
12 believing occurred, within the scope of Commission
13 employment, duties or responsibilities; provided that
14 nothing in this paragraph shall be construed to protect any
15 such person from suit or liability for any damage, loss,
16 injury or liability caused by the intentional, willful or
17 wanton misconduct of that person.
18 2. The Commission shall defend any administrator,
19 officer, executive director, employee or representative of
20 the Commission in any civil action seeking to impose
21 liability arising out of any actual or alleged act, error
22 or omission that occurred within the scope of Commission
23 employment, duties or responsibilities, or that the person
24 against whom the claim is made had a reasonable basis for
25 believing occurred within the scope of Commission
26 employment, duties or responsibilities; provided that

HB3320- 42 -LRB100 05501 SMS 15512 b
1 nothing herein shall be construed to prohibit that person
2 from retaining his or her own counsel; and provided further
3 that the actual or alleged act, error or omission did not
4 result from that person's intentional, willful or wanton
5 misconduct.
6 3. The Commission shall indemnify and hold harmless any
7 administrator, officer, executive director, employee or
8 representative of the Commission for the amount of any
9 settlement or judgment obtained against that person
10 arising out of any actual or alleged act, error or omission
11 that occurred within the scope of Commission employment,
12 duties or responsibilities, or that such person had a
13 reasonable basis for believing occurred within the scope of
14 Commission employment, duties or responsibilities,
15 provided that the actual or alleged act, error or omission
16 did not result from the intentional, willful or wanton
17 misconduct of that person.
18
ARTICLE VIII
19
Rulemaking
20 a. The Commission shall exercise its rulemaking powers
21pursuant to the criteria set forth in this Article and the
22rules adopted thereunder. Rules and amendments shall become
23binding as of the date specified in each rule or amendment and
24shall have the same force and effect as provisions of this

HB3320- 43 -LRB100 05501 SMS 15512 b
1Compact.
2 b. Rules or amendments to the rules shall be adopted at a
3regular or special meeting of the Commission.
4 c. Prior to promulgation and adoption of a final rule or
5rules by the Commission, and at least sixty (60) days in
6advance of the meeting at which the rule will be considered and
7voted upon, the Commission shall file a notice of proposed
8rulemaking:
9 1. On the website of the Commission; and
10 2. On the website of each licensing board or the
11 publication in which each state would otherwise publish
12 proposed rules.
13 d. The notice of proposed rulemaking shall include:
14 1. The proposed time, date and location of the meeting
15 in which the rule will be considered and voted upon;
16 2. The text of the proposed rule or amendment, and the
17 reason for the proposed rule;
18 3. A request for comments on the proposed rule from any
19 interested person; and
20 4. The manner in which interested persons may submit
21 notice to the Commission of their intention to attend the
22 public hearing and any written comments.
23 e. Prior to adoption of a proposed rule, the Commission
24shall allow persons to submit written data, facts, opinions and
25arguments, which shall be made available to the public.
26 f. The Commission shall grant an opportunity for a public

HB3320- 44 -LRB100 05501 SMS 15512 b
1hearing before it adopts a rule or amendment.
2 g. The Commission shall publish the place, time and date of
3the scheduled public hearing.
4 1. Hearings shall be conducted in a manner providing
5 each person who wishes to comment a fair and reasonable
6 opportunity to comment orally or in writing. All hearings
7 will be recorded, and a copy will be made available upon
8 request.
9 2. Nothing in this section shall be construed as
10 requiring a separate hearing on each rule. Rules may be
11 grouped for the convenience of the Commission at hearings
12 required by this section.
13 h. If no one appears at the public hearing, the Commission
14may proceed with promulgation of the proposed rule.
15 i. Following the scheduled hearing date, or by the close of
16business on the scheduled hearing date if the hearing was not
17held, the Commission shall consider all written and oral
18comments received.
19 j. The Commission shall, by majority vote of all
20administrators, take final action on the proposed rule and
21shall determine the effective date of the rule, if any, based
22on the rulemaking record and the full text of the rule.
23 k. Upon determination that an emergency exists, the
24Commission may consider and adopt an emergency rule without
25prior notice, opportunity for comment or hearing, provided that
26the usual rulemaking procedures provided in this Compact and in

HB3320- 45 -LRB100 05501 SMS 15512 b
1this section shall be retroactively applied to the rule as soon
2as reasonably possible, in no event later than ninety (90) days
3after the effective date of the rule. For the purposes of this
4provision, an emergency rule is one that must be adopted
5immediately in order to:
6 1. Meet an imminent threat to public health, safety or
7 welfare;
8 2. Prevent a loss of Commission or party state funds;
9 or
10 3. Meet a deadline for the promulgation of an
11 administrative rule that is required by federal law or
12 rule.
13 l. The Commission may direct revisions to a previously
14adopted rule or amendment for purposes of correcting
15typographical errors, errors in format, errors in consistency
16or grammatical errors. Public notice of any revisions shall be
17posted on the website of the Commission. The revision shall be
18subject to challenge by any person for a period of thirty (30)
19days after posting. The revision may be challenged only on
20grounds that the revision results in a material change to a
21rule. A challenge shall be made in writing, and delivered to
22the Commission, prior to the end of the notice period. If no
23challenge is made, the revision will take effect without
24further action. If the revision is challenged, the revision may
25not take effect without the approval of the Commission.

HB3320- 46 -LRB100 05501 SMS 15512 b
1
ARTICLE IX
2
Oversight, Dispute Resolution and Enforcement
3 a. Oversight
4 1. Each party state shall enforce this Compact and take
5 all actions necessary and appropriate to effectuate this
6 Compact's purposes and intent.
7 2. The Commission shall be entitled to receive service
8 of process in any proceeding that may affect the powers,
9 responsibilities or actions of the Commission, and shall
10 have standing to intervene in such a proceeding for all
11 purposes. Failure to provide service of process in such
12 proceeding to the Commission shall render a judgment or
13 order void as to the Commission, this Compact or
14 promulgated rules.
15 b. Default, Technical Assistance and Termination
16 1. If the Commission determines that a party state has
17 defaulted in the performance of its obligations or
18 responsibilities under this Compact or the promulgated
19 rules, the Commission shall:
20 i. Provide written notice to the defaulting state
21 and other party states of the nature of the default,
22 the proposed means of curing the default or any other
23 action to be taken by the Commission; and
24 ii. Provide remedial training and specific
25 technical assistance regarding the default.

HB3320- 47 -LRB100 05501 SMS 15512 b
1 2. If a state in default fails to cure the default, the
2 defaulting state's membership in this Compact may be
3 terminated upon an affirmative vote of a majority of the
4 administrators, and all rights, privileges and benefits
5 conferred by this Compact may be terminated on the
6 effective date of termination. A cure of the default does
7 not relieve the offending state of obligations or
8 liabilities incurred during the period of default.
9 3. Termination of membership in this Compact shall be
10 imposed only after all other means of securing compliance
11 have been exhausted. Notice of intent to suspend or
12 terminate shall be given by the Commission to the governor
13 of the defaulting state and to the executive officer of the
14 defaulting state's licensing board and each of the party
15 states.
16 4. A state whose membership in this Compact has been
17 terminated is responsible for all assessments, obligations
18 and liabilities incurred through the effective date of
19 termination, including obligations that extend beyond the
20 effective date of termination.
21 5. The Commission shall not bear any costs related to a
22 state that is found to be in default or whose membership in
23 this Compact has been terminated unless agreed upon in
24 writing between the Commission and the defaulting state.
25 6. The defaulting state may appeal the action of the
26 Commission by petitioning the U.S. District Court for the

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1 District of Columbia or the federal district in which the
2 Commission has its principal offices. The prevailing party
3 shall be awarded all costs of such litigation, including
4 reasonable attorneys' fees.
5 c. Dispute Resolution
6 1. Upon request by a party state, the Commission shall
7 attempt to resolve disputes related to the Compact that
8 arise among party states and between party and non-party
9 states.
10 2. The Commission shall promulgate a rule providing for
11 both mediation and binding dispute resolution for
12 disputes, as appropriate.
13 3. In the event the Commission cannot resolve disputes
14 among party states arising under this Compact:
15 i. The party states may submit the issues in
16 dispute to an arbitration panel, which will be
17 comprised of individuals appointed by the Compact
18 administrator in each of the affected party states and
19 an individual mutually agreed upon by the Compact
20 administrators of all the party states involved in the
21 dispute.
22 ii. The decision of a majority of the arbitrators
23 shall be final and binding.
24 d. Enforcement
25 1. The Commission, in the reasonable exercise of its
26 discretion, shall enforce the provisions and rules of this

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1 Compact.
2 2. By majority vote, the Commission may initiate legal
3 action in the U.S. District Court for the District of
4 Columbia or the federal district in which the Commission
5 has its principal offices against a party state that is in
6 default to enforce compliance with the provisions of this
7 Compact and its promulgated rules and bylaws. The relief
8 sought may include both injunctive relief and damages. In
9 the event judicial enforcement is necessary, the
10 prevailing party shall be awarded all costs of such
11 litigation, including reasonable attorneys' fees.
12 3. The remedies herein shall not be the exclusive
13 remedies of the Commission. The Commission may pursue any
14 other remedies available under federal or state law.
15
ARTICLE X
16
Effective Date, Withdrawal and Amendment
17 a. This Compact shall become effective and binding on the
18earlier of the date of legislative enactment of this Compact
19into law by no less than twenty-six (26) states or December 31,
202018. All party states to this Compact, that also were parties
21to the prior Nurse Licensure Compact, superseded by this
22Compact, ("Prior Compact"), shall be deemed to have withdrawn
23from said Prior Compact within six (6) months after the
24effective date of this Compact.

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1 b. Each party state to this Compact shall continue to
2recognize a nurse's multistate licensure privilege to practice
3in that party state issued under the Prior Compact until such
4party state has withdrawn from the Prior Compact.
5 c. Any party state may withdraw from this Compact by
6enacting a statute repealing the same. A party state's
7withdrawal shall not take effect until six (6) months after
8enactment of the repealing statute.
9 d. A party state's withdrawal or termination shall not
10affect the continuing requirement of the withdrawing or
11terminated state's licensing board to report adverse actions
12and significant investigations occurring prior to the
13effective date of such withdrawal or termination.
14 e. Nothing contained in this Compact shall be construed to
15invalidate or prevent any nurse licensure agreement or other
16cooperative arrangement between a party state and a non-party
17state that is made in accordance with the other provisions of
18this Compact.
19 f. This Compact may be amended by the party states. No
20amendment to this Compact shall become effective and binding
21upon the party states unless and until it is enacted into the
22laws of all party states.
23 g. Representatives of non-party states to this Compact
24shall be invited to participate in the activities of the
25Commission, on a nonvoting basis, prior to the adoption of this
26Compact by all states.

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1
ARTICLE XI
2
Construction and Severability
3This Compact shall be liberally construed so as to effectuate
4the purposes thereof. The provisions of this Compact shall be
5severable, and if any phrase, clause, sentence or provision of
6this Compact is declared to be contrary to the constitution of
7any party state or of the United States, or if the
8applicability thereof to any government, agency, person or
9circumstance is held invalid, the validity of the remainder of
10this Compact and the applicability thereof to any government,
11agency, person or circumstance shall not be affected thereby.
12If this Compact shall be held to be contrary to the
13constitution of any party state, this Compact shall remain in
14full force and effect as to the remaining party states and in
15full force and effect as to the party state affected as to all
16severable matters.
17 (225 ILCS 65/85-10 new)
18 Sec. 85-10. State labor laws. The Nurse Licensure Compact
19does not supersede existing State labor laws.
20 Section 99. Effective date. This Act takes effect upon
21becoming law.

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1 INDEX
2 Statutes amended in order of appearance