101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0152
 
Introduced 1/29/2019, by Sen. Iris Y. Martinez
 
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
 


SB0152LRB101 06194 JRG 51218 b



1 AN ACT concerning regulation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Nurse Practice Act is amended by adding 
5Article 85 as follows:

6 (225 ILCS 65/Art. 85 heading new)

7
ARTICLE 85.  NURSE LICENSURE COMPACT


8 (225 ILCS 65/85-5 new)

9 Sec. 85-5. Nurse Licensure Compact.  The State of Illinois 
10ratifies and
approves the following Compact:

11
ARTICLE I 

12
Findings and Declaration of Purpose 



13 a. The party states find that:

14  1. The health and safety of the public are affected by 
15 the degree of compliance with and the
effectiveness of 
16 enforcement activities related to state nurse licensure 
17 laws;
18  2. Violations of nurse licensure and other laws 
19 regulating the practice of nursing may result in injury
or 
20 harm to the public;
 
 
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1  3. The expanded mobility of nurses and the use of 
2 advanced communication technologies as part of
our 
3 nation's health care delivery system require greater 
4 coordination and cooperation among
states in the areas of 
5 nurse licensure and regulation;
6  4. New practice modalities and technology make 
7 compliance with individual state nurse licensure
laws 
8 difficult and complex;
9  5. The current system of duplicative licensure for 
10 nurses practicing in multiple states is cumbersome
and 
11 redundant for both nurses and states; and
12  6. Uniformity of nurse licensure requirements 
13 throughout the states promotes public safety and
public 
14 health benefits. 
15 b. The general purposes of this Compact are to:


16  1. Facilitate the states' responsibility to protect 
17 the public's health and safety;
18  2. Ensure and encourage the cooperation of party states 
19 in the areas of nurse licensure and
regulation;
20  3. Facilitate the exchange of information between 
21 party states in the areas of nurse regulation,

22 investigation and adverse actions;
23  4. Promote compliance with the laws governing the 
24 practice of nursing in each jurisdiction;
25  5. Invest all party states with the authority to hold a 
26 nurse accountable for meeting all state practice
laws in 
 
 
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1 the state in which the patient is located at the time care 
2 is rendered through the mutual
recognition of party state 
3 licenses; 
4  6. Decrease redundancies in the consideration and 
5 issuance of nurse licenses; and
6  7. Provide opportunities for interstate practice by 
7 nurses who meet uniform licensure requirements. 

8
ARTICLE II 

9
Definitions 



10 As used in this Compact:

11  a. "Adverse action" means any administrative, civil, 
12 equitable or criminal action permitted by a state's
laws 
13 which is imposed by a licensing board or other authority 
14 against a nurse, including actions
against an individual's 
15 license or multistate licensure privilege such as 
16 revocation, suspension,
probation, monitoring of the 
17 licensee, limitation on the licensee's practice, or any 
18 other encumbrance
on licensure affecting a nurse's 
19 authorization to practice, including issuance of a cease 
20 and desist
action.
21  b. "Alternative program" means a non-disciplinary 
22 monitoring program approved by a licensing board.
23  c. "Coordinated licensure information system" means an 
24 integrated process for collecting, storing and
sharing 
 
 
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1 information on nurse licensure and enforcement activities 
2 related to nurse licensure laws that
is administered by a 
3 nonprofit organization composed of and controlled by 
4 licensing boards.
5  d. "Current significant investigative information" 
6 means:
7   1. Investigative information that a licensing 
8 board, after a preliminary inquiry that includes

9 notification and an opportunity for the nurse to 
10 respond, if required by state law, has reason to

11 believe is not groundless and, if proved true, would 
12 indicate more than a minor infraction; or
13   2. Investigative information that indicates that 
14 the nurse represents an immediate threat to public

15 health and safety regardless of whether the nurse has 
16 been notified and had an opportunity to
respond.
17  e. "Encumbrance" means a revocation or suspension of, 
18 or any limitation on, the full and unrestricted
practice of 
19 nursing imposed by a licensing board.
20  f. "Home state" means the party state which is the 
21 nurse's primary state of residence.
22  g. "Licensing board" means a party state's regulatory 
23 body responsible for issuing nurse licenses.
24  h. "Multistate license" means a license to practice as 
25 a registered or a licensed practical/vocational nurse

26 (LPN/VN) issued by a home state licensing board that 
 
 
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1 authorizes the licensed nurse to practice
in all party 
2 states under a multistate licensure privilege.
3  i. "Multistate licensure privilege" means a legal 
4 authorization associated with a multistate license

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

 
 
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1
ARTICLE III 

2
General Provisions and Jurisdiction 



3 a. A multistate license to practice registered or licensed 
4practical/vocational nursing issued by a home
state to a 
5resident in that state will be recognized by each party state 
6as authorizing a nurse to
practice as a registered nurse (RN) 
7or as a licensed practical/vocational nurse (LPN/VN), under a

8multistate licensure privilege, in each party state.
9 b. A state must implement procedures for considering the 
10criminal history records of applicants for initial
multistate 
11license or licensure by endorsement. Such procedures shall 
12include the submission of
fingerprints or other 
13biometric-based information by applicants for the purpose of 
14obtaining an
applicant's criminal history record information 
15from the Federal Bureau of Investigation and the
agency 
16responsible for retaining that state's criminal records.
17 c. Each party state shall require the following for an 
18applicant to obtain or retain a multistate license in
the home 
19state:
20  1. Meets the home state's qualifications for licensure 
21 or renewal of licensure, as well as, all other
applicable 
22 state laws;
23  2. i. Has graduated or is eligible to graduate from a 
24 licensing board-approved RN or LPN/VN
prelicensure 
25 education program; or
 
 
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1  ii. Has graduated from a foreign RN or LPN/VN 
2 prelicensure education program that (a) has been
approved 
3 by the authorized accrediting body in the applicable 
4 country and (b) has been verified
by an independent 
5 credentials review agency to be comparable to a licensing 
6 board-approved prelicensure education program;
7  3. Has, if a graduate of a foreign prelicensure 
8 education program not taught in English or if English
is 
9 not the individual's native language, successfully passed 
10 an English proficiency examination
that includes the 
11 components of reading, speaking, writing and listening;
12  4. Has successfully passed an NCLEX-RNŽ or NCLEX-PNŽ 
13 Examination or recognized
predecessor, as applicable;
14  5. Is eligible for or holds an active, unencumbered 
15 license;
16  6. Has submitted, in connection with an application for 
17 initial licensure or licensure by endorsement,

18 fingerprints or other biometric data for the purpose of 
19 obtaining criminal history record information
from the 
20 Federal Bureau of Investigation and the agency responsible 
21 for retaining that state's
criminal records;
22  7. Has not been convicted or found guilty, or has 
23 entered into an agreed disposition, of a felony
offense 
24 under applicable state or federal criminal law;
25  8. Has not been convicted or found guilty, or has 
26 entered into an agreed disposition, of a
misdemeanor 
 
 
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1 offense related to the practice of nursing as determined on 
2 a case-by-case basis;
3  9. Is not currently enrolled in an alternative program;
4  10. Is subject to self-disclosure requirements 
5 regarding current participation in an alternative
program; 
6 and
7  11. Has a valid United States Social Security number.
8 d. All party states shall be authorized, in accordance with 
9existing state due process law, to take
adverse action against 
10a nurse's multistate licensure privilege such as revocation, 
11suspension,
probation or any other action that affects a 
12nurse's authorization to practice under a multistate
licensure 
13privilege, including cease and desist actions. If a party state 
14takes such action, it shall
promptly notify the administrator 
15of the coordinated licensure information system. The 
16administrator
of the coordinated licensure information system 
17shall promptly notify the home state of any such
actions by 
18remote states.
19 e. A nurse practicing in a party state must comply with the 
20state practice laws of the state in which the
client is located 
21at the time service is provided. The practice of nursing is not 
22limited to patient care,
but shall include all nursing practice 
23as defined by the state practice laws of the party state in 
24which
the client is located. The practice of nursing in a party 
25state under a multistate licensure privilege will
subject a 
26nurse to the jurisdiction of the licensing board, the courts 
 
 
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1and the laws of the party state in
which the client is located 
2at the time service is provided.
3 f. Individuals not residing in a party state shall continue 
4to be able to apply for a party state's single-state
license as 
5provided under the laws of each party state. However, the 
6single-state license
granted to these individuals will not be 
7recognized as granting the privilege to practice nursing in any

8other party state. Nothing in this Compact shall affect the 
9requirements established by a party state
for the issuance of a 
10single-state license.
11 g. Any nurse holding a home state multistate license, on 
12the effective date of this Compact, may retain
and renew the 
13multistate license issued by the nurse's then-current home 
14state, provided that:
15  1. A nurse, who changes primary state of residence 
16 after this Compact's effective date, must meet
all 
17 applicable Article III.c. requirements to obtain a 
18 multistate license from a new home state.
19  2. A nurse who fails to satisfy the multistate 
20 licensure requirements in Article III.c. due to a

21 disqualifying event occurring after this Compact's 
22 effective date shall be ineligible to retain or
renew a 
23 multistate license, and the nurse's multistate license 
24 shall be revoked or deactivated in
accordance with 
25 applicable rules adopted by the Interstate Commission of 
26 Nurse Licensure
Compact Administrators ("Commission"). 

 
 
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1
ARTICLE IV 

2
Applications for Licensure in a Party State 



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

7
ARTICLE V 

8
Additional Authorities Invested in Party State Licensing 
9
Boards 



10 a. In addition to the other powers conferred by state law, 
11a licensing board shall have the authority to:


12  1. Take adverse action against a nurse's multistate 
13 licensure privilege to practice within that party
state.
14   i. Only the home state shall have the power to take 
15 adverse action against a nurse's license
issued by the 
16 home state.
17   ii. For purposes of taking adverse action, the home 
18 state licensing board shall give the same
priority and 
19 effect to reported conduct received from a remote state 
20 as it would if such
conduct had occurred within the 
21 home state. In so doing, the home state shall apply its 
22 own
state laws to determine appropriate action.
23  2. Issue cease and desist orders or impose an 
24 encumbrance on a nurse's authority to practice
within that 
 
 
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1 party state.
2  3. Complete any pending investigations of a nurse who 
3 changes primary state of residence during
the course of 
4 such investigations. The licensing board shall also have 
5 the authority to take
appropriate action(s) and shall 
6 promptly report the conclusions of such investigations to 
7 the
administrator of the coordinated licensure information 
8 system. The administrator of the
coordinated licensure 
9 information system shall promptly notify the new home state 
10 of any such
actions.
11  4. Issue subpoenas for both hearings and 
12 investigations that require the attendance and testimony

13 of witnesses, as well as, the production of evidence. 
14 Subpoenas issued by a licensing board in a
party state for 
15 the attendance and testimony of witnesses or the production 
16 of evidence from
another party state shall be enforced in 
17 the latter state by any court of competent jurisdiction,

18 according to the practice and procedure of that court 
19 applicable to subpoenas issued in
proceedings pending 
20 before it. The issuing authority shall pay any witness 
21 fees, travel expenses,
mileage and other fees required by 
22 the service statutes of the state in which the witnesses or

23 evidence are located.
24  5. Obtain and submit, for each nurse licensure 
25 applicant, fingerprint or other biometric-based

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

26participation in an alternative program. 

 
 
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1
ARTICLE VI 

2
Coordinated Licensure Information System and Exchange of 
3
Information 




4 a. All party states shall participate in a coordinated 
5licensure information system of all licensed
registered nurses 
6(RNs) and licensed practical/vocational nurses (LPNs/VNs). 
7This system will
include information on the licensure and 
8disciplinary history of each nurse, as submitted by party

9states, to assist in the coordination of nurse licensure and 
10enforcement efforts.
11 b. The Commission, in consultation with the administrator 
12of the coordinated licensure information
system, shall 
13formulate necessary and proper procedures for the 
14identification, collection and
exchange of information under 
15this Compact.
16 c. All licensing boards shall promptly report to the 
17coordinated licensure information system any adverse
action, 
18any current significant investigative information, denials of 
19applications (with the reasons for
such denials) and nurse 
20participation in alternative programs known to the licensing 
21board regardless
of whether such participation is deemed 
22nonpublic or confidential under state law.
23 d. Current significant investigative information and 
24participation in nonpublic or confidential alternative

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

4 Commission rules.
5 i. The Compact administrator of a party state shall provide 
6all investigative documents and information
requested by 
7another party state. 

8
ARTICLE VII 

9
Establishment of the Interstate Commission of Nurse Licensure 
10
Compact Administrators



11 a. The party states hereby create and establish a joint 
12public entity known as the Interstate Commission
of Nurse 
13Licensure Compact Administrators.
14  1. The Commission is an instrumentality of the party 
15 states.
16  2. Venue is proper, and judicial proceedings by or 
17 against the Commission shall be brought solely
and 
18 exclusively, in a court of competent jurisdiction where the 
19 principal office of the Commission
is located. The 
20 Commission may waive venue and jurisdictional defenses to 
21 the extent it adopts
or consents to participate in 
22 alternative dispute resolution proceedings.
23  3. Nothing in this Compact shall be construed to be a 
24 waiver of sovereign immunity.
 
 
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1 b. Membership, Voting and Meetings
2  1. Each party state shall have and be limited to one 
3 administrator. The head of the state licensing
board or 
4 designee shall be the administrator of this Compact for 
5 each party state. Any
administrator may be removed or 
6 suspended from office as provided by the law of the state 
7 from
which the Administrator is appointed. Any vacancy 
8 occurring in the Commission shall be filled in
accordance 
9 with the laws of the party state in which the vacancy 
10 exists.
11  2. Each administrator shall be entitled to one (1) vote 
12 with regard to the promulgation of rules and
creation of 
13 bylaws and shall otherwise have an opportunity to 
14 participate in the business and
affairs of the Commission. 
15 An administrator shall vote in person or by such other 
16 means as
provided in the bylaws. The bylaws may provide for 
17 an administrator's participation in meetings
by telephone 
18 or other means of communication.
19  3. The Commission shall meet at least once during each 
20 calendar year. Additional meetings shall
be held as set 
21 forth in the bylaws or rules of the commission.
22  4. All meetings shall be open to the public, and public 
23 notice of meetings shall be given in the same
manner as 
24 required under the rulemaking provisions in Article VIII.
25  5. The Commission may convene in a closed, nonpublic 
26 meeting if the Commission must discuss:
 
 
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1   i. Noncompliance of a party state with its 
2 obligations under this Compact;
3   ii. The employment, compensation, discipline or 
4 other personnel matters, practices or
procedures 
5 related to specific employees or other matters related 
6 to the Commission's
internal personnel practices and 
7 procedures;
8   iii. Current, threatened or reasonably anticipated 
9 litigation;
10   iv. Negotiation of contracts for the purchase or 
11 sale of goods, services or real estate;
12   v. Accusing any person of a crime or formally 
13 censuring any person;
14   vi. Disclosure of trade secrets or commercial or 
15 financial information that is privileged or

16 confidential;
17   vii. Disclosure of information of a personal 
18 nature where disclosure would constitute a clearly

19 unwarranted invasion of personal privacy;
20   viii. Disclosure of investigatory records compiled 
21 for law enforcement purposes;
22   ix. Disclosure of information related to any 
23 reports prepared by or on behalf of the Commission
for 
24 the purpose of investigation of compliance with this 
25 Compact; or
26   x. Matters specifically exempted from disclosure 
 
 
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1 by federal or state statute.
2  6. If a meeting, or portion of a meeting, is closed 
3 pursuant to this provision, the Commission's legal
counsel 
4 or designee shall certify that the meeting may be closed 
5 and shall reference each
relevant exempting provision. The 
6 Commission shall keep minutes that fully and clearly 
7 describe
all matters discussed in a meeting and shall 
8 provide a full and accurate summary of actions
taken, and 
9 the reasons therefor, including a description of the views 
10 expressed. All documents
considered in connection with an 
11 action shall be identified in such minutes. All minutes and

12 documents of a closed meeting shall remain under seal, 
13 subject to release by a majority vote of
the Commission or 
14 order of a court of competent jurisdiction.
15 c. The Commission shall, by a majority vote of the 
16administrators, prescribe bylaws or rules to govern its
conduct 
17as may be necessary or appropriate to carry out the purposes 
18and exercise the powers of
this Compact, including but not 
19limited to:
20  1. Establishing the fiscal year of the Commission;
21  2. Providing reasonable standards and procedures:
22   i. For the establishment and meetings of other 
23 committees; and
24   ii. Governing any general or specific delegation 
25 of any authority or function of the Commission;
26  3. Providing reasonable procedures for calling and 
 
 
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1 conducting meetings of the Commission, ensuring
reasonable 
2 advance notice of all meetings and providing an opportunity 
3 for attendance
of such meetings by interested parties, with 
4 enumerated exceptions designed to protect the
public's 
5 interest, the privacy of individuals, and proprietary 
6 information, including trade secrets.
The Commission may 
7 meet in closed session only after a majority of the 
8 administrators vote to
close a meeting in whole or in part. 
9 As soon as practicable, the Commission must make public a

10 copy of the vote to close the meeting revealing the vote of 
11 each administrator, with no proxy votes
allowed;
12  4. Establishing the titles, duties and authority and 
13 reasonable procedures for the election of the
officers of 
14 the Commission;
15  5. Providing reasonable standards and procedures for 
16 the establishment of the personnel policies
and programs of 
17 the Commission. Notwithstanding any civil service or other 
18 similar laws of any
party state, the bylaws shall 
19 exclusively govern the personnel policies and programs of 
20 the
Commission; and
21  6. Providing a mechanism for winding up the operations 
22 of the Commission and the equitable
disposition of any 
23 surplus funds that may exist after the termination of this 
24 Compact after the
payment or reserving of all of its debts 
25 and obligations;
26 d. The Commission shall publish its bylaws and rules, and 
 
 
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1any amendments thereto, in a convenient
form on the website of 
2the Commission.
3 e. The Commission shall maintain its financial records in 
4accordance with the bylaws.
5 f. The Commission shall meet and take such actions as are 
6consistent with the provisions of this
Compact and the bylaws.
7 g. The Commission shall have the following powers:
8  1. To promulgate uniform rules to facilitate and 
9 coordinate implementation and administration of this

10 Compact. The rules shall have the force and effect of law 
11 and shall be binding in all party states;
12  2. To bring and prosecute legal proceedings or actions 
13 in the name of the Commission, provided
that the standing 
14 of any licensing board to sue or be sued under applicable 
15 law shall not be
affected;
16  3. To purchase and maintain insurance and bonds;
17  4. To borrow, accept or contract for services of 
18 personnel, including, but not limited to, employees of
a 
19 party state or nonprofit organizations;
20  5. To cooperate with other organizations that 
21 administer state compacts related to the regulation of

22 nursing, including but not limited to sharing 
23 administrative or staff expenses, office space or other

24 resources;
25  6. To hire employees, elect or appoint officers, fix 
26 compensation, define duties, grant such
individuals 
 
 
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1 appropriate authority to carry out the purposes of this 
2 Compact, and to establish the
Commission's personnel 
3 policies and programs relating to conflicts of interest, 
4 qualifications of
personnel and other related personnel 
5 matters;
6  7. To accept any and all appropriate donations, grants 
7 and gifts of money, equipment, supplies,
materials and 
8 services, and to receive, utilize and dispose of the same; 
9 provided that at all times
the Commission shall avoid any 
10 appearance of impropriety or conflict of interest;
11  8. To lease, purchase, accept appropriate gifts or 
12 donations of, or otherwise to own, hold, improve
or use, 
13 any property, whether real, personal or mixed; provided 
14 that at all times the Commission
shall avoid any appearance 
15 of impropriety;
16  9. To sell, convey, mortgage, pledge, lease, exchange, 
17 abandon or otherwise dispose of any
property, whether real, 
18 personal or mixed;
19  10. To establish a budget and make expenditures;
20  11. To borrow money;
21  12. To appoint committees, including advisory 
22 committees comprised of administrators, state nursing

23 regulators, state legislators or their representatives, 
24 and consumer representatives, and other
such interested 
25 persons;
26  13. To provide and receive information from, and to 
 
 
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1 cooperate with, law enforcement agencies;
2  14. To adopt and use an official seal; and
3  15. To perform such other functions as may be necessary 
4 or appropriate to achieve the purposes of
this Compact 
5 consistent with the state regulation of nurse licensure and 
6 practice.
7 h. Financing of the Commission
8  1. The Commission shall pay, or provide for the payment 
9 of, the reasonable expenses of its
establishment, 
10 organization and ongoing activities.
11  2. The Commission may also levy on and collect an 
12 annual assessment from each party state to
cover the cost 
13 of its operations, activities and staff in its annual 
14 budget as approved each year.
The aggregate annual 
15 assessment amount, if any, shall be allocated based upon a 
16 formula to be
determined by the Commission, which shall 
17 promulgate a rule that is binding upon all party
states.
18  3. The Commission shall not incur obligations of any 
19 kind prior to securing the funds adequate to
meet the same; 
20 nor shall the Commission pledge the credit of any of the 
21 party states, except by,
and with the authority of, such 
22 party state.
23  4. The Commission shall keep accurate accounts of all 
24 receipts and disbursements. The receipts
and disbursements 
25 of the Commission shall be subject to the audit and 
26 accounting procedures
established under its bylaws. 
 
 
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1 However, all receipts and disbursements of funds handled by 
2 the
Commission shall be audited yearly by a certified or 
3 licensed public accountant, and the report of
the audit 
4 shall be included in and become part of the annual report 
5 of the Commission.
6 i. Qualified Immunity, Defense and Indemnification
7  1. The administrators, officers, executive director, 
8 employees and representatives of the
Commission shall be 
9 immune from suit and liability, either personally or in 
10 their official capacity,
for any claim for damage to or 
11 loss of property or personal injury or other civil 
12 liability caused by
or arising out of any actual or alleged 
13 act, error or omission that occurred, or that the person

14 against whom the claim is made had a reasonable basis for 
15 believing occurred, within the scope
of Commission 
16 employment, duties or responsibilities; provided that 
17 nothing in this paragraph
shall be construed to protect any 
18 such person from suit or liability for any damage, loss, 
19 injury or
liability caused by the intentional, willful or 
20 wanton misconduct of that person.
21  2. The Commission shall defend any administrator, 
22 officer, executive director, employee or
representative of 
23 the Commission in any civil action seeking to impose 
24 liability arising out of any
actual or alleged act, error 
25 or omission that occurred within the scope of Commission

26 employment, duties or responsibilities, or that the person 
 
 
SB0152- 25 -LRB101 06194 JRG 51218 b


1 against whom the claim is made had a
reasonable basis for 
2 believing occurred within the scope of Commission 
3 employment, duties or
responsibilities; provided that 
4 nothing herein shall be construed to prohibit that person 
5 from
retaining his or her own counsel; and provided further 
6 that the actual or alleged act, error or
omission did not 
7 result from that person's intentional, willful or wanton 
8 misconduct.
9  3. The Commission shall indemnify and hold harmless any 
10 administrator, officer, executive director,
employee or 
11 representative of the Commission for the amount of any 
12 settlement or judgment
obtained against that person 
13 arising out of any actual or alleged act, error or omission 
14 that
occurred within the scope of Commission employment, 
15 duties or responsibilities, or that such
person had a 
16 reasonable basis for believing occurred within the scope of 
17 Commission
employment, duties or responsibilities, 
18 provided that the actual or alleged act, error or omission

19 did not result from the intentional, willful or wanton 
20 misconduct of that person. 

21
ARTICLE VIII 

22
Rulemaking 



23 a. The Commission shall exercise its rulemaking powers 
24pursuant to the criteria set forth in this Article
and the 
 
 
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1rules adopted thereunder. Rules and amendments shall become 
2binding as of the date
specified in each rule or amendment and 
3shall have the same force and effect as provisions of this

4Compact.
5 b. Rules or amendments to the rules shall be adopted at a 
6regular or special meeting of the
Commission.
7 c. Prior to promulgation and adoption of a final rule or 
8rules by the Commission, and at least sixty (60)
days in 
9advance of the meeting at which the rule will be considered and 
10voted upon, the Commission
shall file a notice of proposed 
11rulemaking:
12  1. On the website of the Commission; and
13  2. On the website of each licensing board or the 
14 publication in which each state would otherwise
publish 
15 proposed rules.
16 d. The notice of proposed rulemaking shall include:
17  1. The proposed time, date and location of the meeting 
18 in which the rule will be considered and
voted upon;
19  2. The text of the proposed rule or amendment, and the 
20 reason for the proposed rule;
21  3. A request for comments on the proposed rule from any 
22 interested person; and
23  4. The manner in which interested persons may submit 
24 notice to the Commission of their intention to
attend the 
25 public hearing and any written comments.
26 e. Prior to adoption of a proposed rule, the Commission 
 
 
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1shall allow persons to submit written data, facts,
opinions and 
2arguments, which shall be made available to the public.
3 f. The Commission shall grant an opportunity for a public 
4hearing before it adopts a rule or amendment.
5 g. The Commission shall publish the place, time and date of 
6the scheduled public hearing.
7  1. Hearings shall be conducted in a manner providing 
8 each person who wishes to comment a fair
and reasonable 
9 opportunity to comment orally or in writing. All hearings 
10 will be recorded, and a
copy will be made available upon 
11 request.
12  2. Nothing in this section shall be construed as 
13 requiring a separate hearing on each rule. Rules
may be 
14 grouped for the convenience of the Commission at hearings 
15 required by this section.
16 h. If no one appears at the public hearing, the Commission 
17may proceed with promulgation of the
proposed rule.
18 i. Following the scheduled hearing date, or by the close of 
19business on the scheduled hearing date if
the hearing was not 
20held, the Commission shall consider all written and oral 
21comments received.
22 j. The Commission shall, by majority vote of all 
23administrators, take final action on the proposed rule
and 
24shall determine the effective date of the rule, if any, based 
25on the rulemaking record and the full
text of the rule.
26 k. Upon determination that an emergency exists, the 
 
 
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1Commission may consider and adopt an
emergency rule without 
2prior notice, opportunity for comment or hearing, provided that 
3the usual
rulemaking procedures provided in this Compact and in 
4this section shall be retroactively applied to
the rule as soon 
5as reasonably possible, in no event later than ninety (90) days 
6after the effective
date of the rule. For the purposes of this 
7provision, an emergency rule is one that must be adopted

8immediately in order to:
9  1. Meet an imminent threat to public health, safety or 
10 welfare;
11  2. Prevent a loss of Commission or party state funds; 
12 or
13  3. Meet a deadline for the promulgation of an 
14 administrative rule that is required by federal law or

15 rule.
16 l. The Commission may direct revisions to a previously 
17adopted rule or amendment for purposes of
correcting 
18typographical errors, errors in format, errors in consistency 
19or grammatical errors. Public
notice of any revisions shall be 
20posted on the website of the Commission. The revision shall be

21subject to challenge by any person for a period of thirty (30) 
22days after posting. The revision may be
challenged only on 
23grounds that the revision results in a material change to a 
24rule. A challenge shall
be made in writing, and delivered to 
25the Commission, prior to the end of the notice period. If no

26challenge is made, the revision will take effect without 
 
 
SB0152- 29 -LRB101 06194 JRG 51218 b


1further action. If the revision is challenged, the
revision may 
2not take effect without the approval of the Commission. 

3
ARTICLE IX 

4
Oversight, Dispute Resolution and Enforcement 



5 a. Oversight
6  1. Each party state shall enforce this Compact and take 
7 all actions necessary and appropriate to
effectuate this 
8 Compact's purposes and intent.
9  2. The Commission shall be entitled to receive service 
10 of process in any proceeding that may affect
the powers, 
11 responsibilities or actions of the Commission, and shall 
12 have standing to intervene in
such a proceeding for all 
13 purposes. Failure to provide service of process in such 
14 proceeding to
the Commission shall render a judgment or 
15 order void as to the Commission, this Compact or

16 promulgated rules.
17 b. Default, Technical Assistance and Termination
18  1. If the Commission determines that a party state has 
19 defaulted in the performance of its
obligations or 
20 responsibilities under this Compact or the promulgated 
21 rules, the Commission shall:
22   i. Provide written notice to the defaulting state 
23 and other party states of the nature of the
default, 
24 the proposed means of curing the default or any other 
 
 
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1 action to be taken by the
Commission; and
2   ii. Provide remedial training and specific 
3 technical assistance regarding the default.
4  2. If a state in default fails to cure the default, the 
5 defaulting state's membership in this Compact
may be 
6 terminated upon an affirmative vote of a majority of the 
7 administrators, and all rights,
privileges and benefits 
8 conferred by this Compact may be terminated on the 
9 effective date of
termination. A cure of the default does 
10 not relieve the offending state of obligations or 
11 liabilities
incurred during the period of default.
12  3. Termination of membership in this Compact shall be 
13 imposed only after all other means of
securing compliance 
14 have been exhausted. Notice of intent to suspend or 
15 terminate shall be
given by the Commission to the governor 
16 of the defaulting state and to the executive officer of the

17 defaulting state's licensing board and each of the party 
18 states.
19  4. A state whose membership in this Compact has been 
20 terminated is responsible for all
assessments, obligations 
21 and liabilities incurred through the effective date of 
22 termination,
including obligations that extend beyond the 
23 effective date of termination.
24  5. The Commission shall not bear any costs related to a 
25 state that is found to be in default or whose
membership in 
26 this Compact has been terminated unless agreed upon in 
 
 
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1 writing between the
Commission and the defaulting state.
2  6. The defaulting state may appeal the action of the 
3 Commission by petitioning the U.S. District
Court for the 
4 District of Columbia or the federal district in which the 
5 Commission has its principal
offices. The prevailing party 
6 shall be awarded all costs of such litigation, including 
7 reasonable
attorneys' fees.
8 c. Dispute Resolution
9  1. Upon request by a party state, the Commission shall 
10 attempt to resolve disputes related to the
Compact that 
11 arise among party states and between party and non-party 
12 states.
13  2. The Commission shall promulgate a rule providing for 
14 both mediation and binding dispute
resolution for 
15 disputes, as appropriate.
16  3. In the event the Commission cannot resolve disputes 
17 among party states arising under this
Compact:
18   i. The party states may submit the issues in 
19 dispute to an arbitration panel, which will be

20 comprised of individuals appointed by the Compact 
21 administrator in each of the affected party
states and 
22 an individual mutually agreed upon by the Compact 
23 administrators of all the party
states involved in the 
24 dispute.
25   ii. The decision of a majority of the arbitrators 
26 shall be final and binding.
 
 
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1 d. Enforcement
2  1. The Commission, in the reasonable exercise of its 
3 discretion, shall enforce the provisions and
rules of this 
4 Compact.
5  2. By majority vote, the Commission may initiate legal 
6 action in the U.S. District Court for the District
of 
7 Columbia or the federal district in which the Commission 
8 has its principal offices against a party
state that is in 
9 default to enforce compliance with the provisions of this 
10 Compact and its
promulgated rules and bylaws. The relief 
11 sought may include both injunctive relief and damages.
In 
12 the event judicial enforcement is necessary, the 
13 prevailing party shall be awarded all costs of
such 
14 litigation, including reasonable attorneys' fees.
15  3. The remedies herein shall not be the exclusive 
16 remedies of the Commission. The Commission
may pursue any 
17 other remedies available under federal or state law. 

18
ARTICLE X 

19
Effective Date, Withdrawal and Amendment 



20 a. This Compact shall become effective and binding on the 
21earlier of the date of legislative enactment of
this Compact 
22into law by no less than twenty-six (26) states or December 31, 
232018. All party states to
this Compact, that also were parties 
24to the prior Nurse Licensure Compact, superseded by this

 
 
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1Compact, ("Prior Compact"), shall be deemed to have withdrawn 
2from said Prior Compact within six
(6) months after the 
3effective date of this Compact.
4 b. Each party state to this Compact shall continue to 
5recognize a nurse's multistate licensure privilege to
practice 
6in that party state issued under the Prior Compact until such 
7party state has withdrawn from
the Prior Compact.
8 c. Any party state may withdraw from this Compact by 
9enacting a statute repealing the same. A party
state's 
10withdrawal shall not take effect until six (6) months after 
11enactment of the repealing statute.
12 d. A party state's withdrawal or termination shall not 
13affect the continuing requirement of the withdrawing
or 
14terminated state's licensing board to report adverse actions 
15and significant investigations occurring
prior to the 
16effective date of such withdrawal or termination.
17 e. Nothing contained in this Compact shall be construed to 
18invalidate or prevent any nurse licensure
agreement or other 
19cooperative arrangement between a party state and a non-party 
20state that is
made in accordance with the other provisions of 
21this Compact.
22 f. This Compact may be amended by the party states. No 
23amendment to this Compact shall become
effective and binding 
24upon the party states unless and until it is enacted into the 
25laws of all party
states.
26 g. Representatives of non-party states to this Compact 
 
 
SB0152- 34 -LRB101 06194 JRG 51218 b


1shall be invited to participate in the activities of
the 
2Commission, on a nonvoting basis, prior to the adoption of this 
3Compact by all states. 

4
ARTICLE XI 

5
Construction and Severability 



6This Compact shall be liberally construed so as to effectuate 
7the purposes thereof. The provisions of this
Compact shall be 
8severable, and if any phrase, clause, sentence or provision of 
9this Compact is declared
to be contrary to the constitution of 
10any party state or of the United States, or if the 
11applicability thereof to
any government, agency, person or 
12circumstance is held invalid, the validity of the remainder of 
13this
Compact and the applicability thereof to any government, 
14agency, person or circumstance shall not be
affected thereby. 
15If this Compact shall be held to be contrary to the 
16constitution of any party state, this
Compact shall remain in 
17full force and effect as to the remaining party states and in 
18full force and effect as
to the party state affected as to all 
19severable matters. 

20 (225 ILCS 65/85-10 new)
21 Sec. 85-10. State labor laws.  The Nurse Licensure Compact 
22does not supersede existing
State
labor laws.