Bill Text: IL HB4263 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB4263 Detail]

Download: Illinois-2017-HB4263-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB4263 Introduced , by Rep. David B. Reis SYNOPSIS AS INTRODUCED:
225 ILCS 65/Art. 85 heading new
225 ILCS 65/85-5 new
225 ILCS 65/85-10 new
Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nurse Practice Act is amended by adding
Article 85 as follows:
(225 ILCS 65/Art. 85 heading new)
ARTICLE 85. NURSE LICENSURE COMPACT
(225 ILCS 65/85-5 new)
Sec. 85-5. Nurse Licensure Compact. The State of Illinois
ratifies and approves the following Compact:
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;

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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; and
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

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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; and
7. Provide opportunities for interstate practice by
nurses who meet uniform licensure requirements.
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 non-disciplinary
monitoring program approved by a licensing board.
c. "Coordinated licensure information system" means an
integrated process for collecting, storing and sharing

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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:
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; or
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/vocational nurse
(LPN/VN) issued by a home state licensing board that

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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 (RN) or LPN/VN in a remote state.
j. "Nurse" means RN or LPN/VN, 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" do not include requirements necessary to
obtain and retain a license, except for qualifications or
requirements of the home state.

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ARTICLE III
General Provisions and Jurisdiction
a. A multistate license to practice registered or licensed
practical/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 (RN)
or as a licensed practical/vocational nurse (LPN/VN), 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 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. i. Has graduated or is eligible to graduate from a
licensing board-approved RN or LPN/VN prelicensure
education program; or

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ii. Has graduated from a foreign RN or LPN/VN
prelicensure education program that (a) has been approved
by the authorized accrediting body in the applicable
country and (b) 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 an NCLEX-RN® or NCLEX-PN®
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

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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;
and
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

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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 Article III.c. requirements to obtain a
multistate license from a new home state.
2. A nurse who fails to satisfy the multistate
licensure requirements in Article III.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 Interstate Commission of
Nurse Licensure Compact Administrators ("Commission").

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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 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

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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 non-party state, the multistate license
issued by the prior home state will convert to a single-state
license, valid only in the former home state.
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:
1. Take adverse action against a nurse's multistate
licensure privilege to practice within that party state.
i. Only the home state shall have the power to take
adverse action against a nurse's license issued by the
home state.
ii. 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

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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(s) 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

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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.

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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
(RNs) and licensed practical/vocational nurses (LPNs/VNs).
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

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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 non-party 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 non-party 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, at a minimum:
1. Identifying information;
2. Licensure data;
3. Information related to alternative program

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participation; and
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.
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.

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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 (1) 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:

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i. Noncompliance of a party state with its
obligations under this Compact;
ii. 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;
iii. Current, threatened or reasonably anticipated
litigation;
iv. Negotiation of contracts for the purchase or
sale of goods, services or real estate;
v. Accusing any person of a crime or formally
censuring any person;
vi. Disclosure of trade secrets or commercial or
financial information that is privileged or
confidential;
vii. Disclosure of information of a personal
nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled
for law enforcement purposes;
ix. 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; or
x. Matters specifically exempted from disclosure

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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:
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures:
i. For the establishment and meetings of other
committees; and
ii. Governing any general or specific delegation
of any authority or function of the Commission;
3. Providing reasonable procedures for calling and

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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; and
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

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any amendments thereto, in a convenient form on the website 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

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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

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cooperate with, law enforcement agencies;
14. To adopt and use an official seal; and
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.

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However, all receipts and disbursements of funds handled by
the Commission shall be audited yearly by a certified or
licensed 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 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

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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 his or her 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.
ARTICLE VIII
Rulemaking
a. The Commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this Article and the

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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 (60) 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:
1. On the website of the Commission; and
2. On the website of each licensing board or the
publication in which each state would otherwise publish
proposed rules.
d. The notice of proposed rulemaking shall include:
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; and
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

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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 section 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 section.
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

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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 section shall be retroactively applied to the rule as soon
as reasonably possible, in no event later than ninety (90) 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:
1. Meet an imminent threat to public health, safety or
welfare;
2. Prevent a loss of Commission or party state funds;
or
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 website of the Commission. The revision shall be
subject to challenge by any person for a period of thirty (30)
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

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further action. If the revision is challenged, the revision may
not take effect without the approval of the Commission.
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:
i. 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

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action to be taken by the Commission; and
ii. 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

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writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the
Commission by petitioning the U.S. 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 non-party
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:
i. 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.
ii. The decision of a majority of the arbitrators
shall be final and binding.

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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 U.S. 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.
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 (26) states or December 31,
2018. All party states to this Compact, that also were parties
to the prior Nurse Licensure Compact, superseded by this

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Compact, ("Prior Compact"), shall be deemed to have withdrawn
from said Prior Compact within six (6) 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 Compact until such
party state has withdrawn from the Prior 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 (6) 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 non-party
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 non-party states to this Compact

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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.
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.
(225 ILCS 65/85-10 new)
Sec. 85-10. State labor laws. The Nurse Licensure Compact
does not supersede existing State labor laws.