| 43 | 43 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 44 | 44 | | |
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| 45 | 45 | | budget. If a board regulates an occupation covered by this chapter, the department 1 |
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| 46 | 46 | | shall consider the board's recommendations concerning the occupation's fee levels and 2 |
|---|
| 47 | 47 | | regulatory costs before revising fee schedules to comply with this subsection. In this 3 |
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| 48 | 48 | | subsection, "regulatory costs" means costs of the department that are attributable to 4 |
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| 49 | 49 | | regulation of an occupation plus 5 |
|---|
| 50 | 50 | | (1) all expenses of the board that regulates the occupation if the board 6 |
|---|
| 51 | 51 | | regulates only one occupation; 7 |
|---|
| 52 | 52 | | (2) the expenses of a board that are attributable to the occupation if the 8 |
|---|
| 53 | 53 | | board regulates more than one occupation. 9 |
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| 54 | 54 | | * Sec. 2. AS 08.01.065 is amended by adding a new subsection to read: 10 |
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| 55 | 55 | | (l) Notwithstanding (c) of this section, the department shall establish fee levels 11 |
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| 56 | 56 | | under (a) of this section so that the total amount of fees collected by the department 12 |
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| 57 | 57 | | for individuals issued a 13 |
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| 58 | 58 | | (1) single-state license to practice nursing approximately equals the 14 |
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| 59 | 59 | | total regulatory costs to the department and the Board of Nursing for the practice of 15 |
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| 60 | 60 | | nursing in the state under that license type; in this paragraph, "single-state license" has 16 |
|---|
| 61 | 61 | | the meaning given in AS 08.68.850; and 17 |
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| 62 | 62 | | (2) multistate license to practice nursing or practicing under a 18 |
|---|
| 63 | 63 | | multistate licensure privilege approximately equals the total regulatory costs to the 19 |
|---|
| 64 | 64 | | department and the Board of Nursing for the practice of nursing under that license 20 |
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| 65 | 65 | | type or privilege. 21 |
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| 66 | 66 | | * Sec. 3. AS 08.02.110(a) is amended to read: 22 |
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| 67 | 67 | | (a) An acupuncturist licensed under AS 08.06, an audiologist or speech-23 |
|---|
| 68 | 68 | | language pathologist licensed under AS 08.11, a behavior analyst licensed under 24 |
|---|
| 69 | 69 | | AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 25 |
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| 70 | 70 | | professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 26 |
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| 71 | 71 | | or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, 27 |
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| 72 | 72 | | a marital and family therapist licensed under AS 08.63, a medical practitioner or 28 |
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| 73 | 73 | | osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a 29 |
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| 74 | 74 | | registered nurse licensed or holding a multistate licensure privilege under 30 |
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| 77 | 77 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 78 | 78 | | |
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| 79 | 79 | | optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 1 |
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| 80 | 80 | | therapist or occupational therapist licensed under AS 08.84, a psychologist under 2 |
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| 81 | 81 | | AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 3 |
|---|
| 82 | 82 | | professional identification appropriate letters or a title after that person's name that 4 |
|---|
| 83 | 83 | | represents the person's specific field of practice. The letters or title shall appear on all 5 |
|---|
| 84 | 84 | | signs, stationery, or other advertising in which the person offers or displays personal 6 |
|---|
| 85 | 85 | | professional services to the public. In addition, a person engaged in the practice of 7 |
|---|
| 86 | 86 | | medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 8 |
|---|
| 87 | 87 | | manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 9 |
|---|
| 88 | 88 | | relation to human health or disease and uses the letters "M.D." or the title "doctor" or 10 |
|---|
| 89 | 89 | | "physician" or another title that tends to show that the person is willing or qualified to 11 |
|---|
| 90 | 90 | | diagnose, treat, test, or counsel another person, shall clarify the letters or title by 12 |
|---|
| 91 | 91 | | adding the appropriate specialist designation, if any, such as "dermatologist," 13 |
|---|
| 92 | 92 | | "radiologist," "audiologist," "naturopath," or the like. 14 |
|---|
| 93 | 93 | | * Sec. 4. AS 08.02.130(j)(1) is amended to read: 15 |
|---|
| 94 | 94 | | (1) "health care provider" means 16 |
|---|
| 95 | 95 | | (A) an audiologist or speech-language pathologist licensed 17 |
|---|
| 96 | 96 | | under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 18 |
|---|
| 97 | 97 | | licensed under AS 08.20; a professional counselor licensed under AS 08.29; a 19 |
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| 98 | 98 | | dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a 20 |
|---|
| 99 | 99 | | dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 21 |
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| 100 | 100 | | AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 22 |
|---|
| 101 | 101 | | licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 23 |
|---|
| 102 | 102 | | under AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse 24 |
|---|
| 103 | 103 | | licensed or holding a multistate licensure privilege under AS 08.68; a 25 |
|---|
| 104 | 104 | | dispensing optician licensed under AS 08.71; an optometrist licensed under 26 |
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| 105 | 105 | | AS 08.72; a pharmacist licensed under AS 08.80; a physical therapist or 27 |
|---|
| 106 | 106 | | occupational therapist licensed under AS 08.84; a psychologist or 28 |
|---|
| 107 | 107 | | psychological associate licensed under AS 08.86; or a social worker licensed 29 |
|---|
| 108 | 108 | | under AS 08.95; or 30 |
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| 111 | 111 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 112 | 112 | | |
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| 113 | 113 | | * Sec. 5. AS 08.11.120(b) is amended to read: 1 |
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| 114 | 114 | | (b) Notwithstanding the provisions of this chapter, 2 |
|---|
| 115 | 115 | | (1) a nurse licensed or holding a multistate licensure privilege under 3 |
|---|
| 116 | 116 | | AS 08.68 may perform hearing sensitivity evaluations; 4 |
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| 117 | 117 | | (2) an individual licensed as a hearing aid dealer under AS 08.55 may 5 |
|---|
| 118 | 118 | | deal in hearing aids; 6 |
|---|
| 119 | 119 | | (3) an individual holding a class A certificate issued by the Conference 7 |
|---|
| 120 | 120 | | of Executives of American Schools of the Deaf may teach the hearing impaired; 8 |
|---|
| 121 | 121 | | (4) an individual may engage in the testing of hearing as part of a 9 |
|---|
| 122 | 122 | | hearing conservation program that complies with the regulations of the Occupational 10 |
|---|
| 123 | 123 | | Safety and Health Administration of the federal government if the individual is 11 |
|---|
| 124 | 124 | | certified to do the testing by a state or federal agency acceptable to the Occupational 12 |
|---|
| 125 | 125 | | Safety and Health Administration; 13 |
|---|
| 126 | 126 | | (5) an individual may perform hearing screening under AS 47.20.310 14 |
|---|
| 127 | 127 | | if authorized to do so under a protocol adopted under AS 47.20.310(e) by the 15 |
|---|
| 128 | 128 | | Department of Health. 16 |
|---|
| 129 | 129 | | * Sec. 6. AS 08.68.100 is amended to read: 17 |
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| 130 | 130 | | Sec. 08.68.100. Duties and powers of board. (a) The board shall 18 |
|---|
| 131 | 131 | | (1) adopt regulations necessary to implement this chapter, including 19 |
|---|
| 132 | 132 | | regulations 20 |
|---|
| 133 | 133 | | (A) pertaining to practice as an advanced practice registered 21 |
|---|
| 134 | 134 | | nurse, including requirements for an advanced practice registered nurse to 22 |
|---|
| 135 | 135 | | practice as a certified registered nurse anesthetist, certified clinical nurse 23 |
|---|
| 136 | 136 | | specialist, certified nurse practitioner, or certified nurse midwife; regulations 24 |
|---|
| 137 | 137 | | for an advanced practice registered nurse who holds a valid federal Drug 25 |
|---|
| 138 | 138 | | Enforcement Administration registration number must address training in pain 26 |
|---|
| 139 | 139 | | management and opioid use and addiction; 27 |
|---|
| 140 | 140 | | (B) necessary to implement AS 08.68.331 - 08.68.336 relating 28 |
|---|
| 141 | 141 | | to certified nurse aides in order to protect the health, safety, and welfare of 29 |
|---|
| 142 | 142 | | clients served by nurse aides; 30 |
|---|
| 145 | 145 | | New Text Underlined [DELETED TEXT BRACKETED] |
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| 146 | 146 | | |
|---|
| 147 | 147 | | (D) establishing criteria for approval of practical nurse 1 |
|---|
| 148 | 148 | | education programs that are not accredited by a national nursing accrediting 2 |
|---|
| 149 | 149 | | body; [AND] 3 |
|---|
| 150 | 150 | | (E) establishing guidelines for rendering a diagnosis, providing 4 |
|---|
| 151 | 151 | | treatment, or prescribing, dispensing, or administering a prescription drug to a 5 |
|---|
| 152 | 152 | | person without conducting a physical examination under AS 08.68.710; the 6 |
|---|
| 153 | 153 | | guidelines must include a nationally recognized model policy for standards of 7 |
|---|
| 154 | 154 | | care of a patient who is at a different location than the advanced practice 8 |
|---|
| 155 | 155 | | registered nurse; and 9 |
|---|
| 156 | 156 | | (F) necessary to implement the Multistate Nurse Licensure 10 |
|---|
| 157 | 157 | | Compact under AS 08.68.500; 11 |
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| 158 | 158 | | (2) approve curricula and adopt standards for basic education programs 12 |
|---|
| 159 | 159 | | that prepare persons for licensing under this chapter [AS 08.68.190]; 13 |
|---|
| 160 | 160 | | (3) provide for surveys of the basic nursing education programs in the 14 |
|---|
| 161 | 161 | | state at the times it considers necessary; 15 |
|---|
| 162 | 162 | | (4) approve education programs that meet the requirements of this 16 |
|---|
| 163 | 163 | | chapter and of the board, and deny, revoke, or suspend approval of education 17 |
|---|
| 164 | 164 | | programs for failure to meet the requirements; 18 |
|---|
| 165 | 165 | | (5) examine, license, and renew the licenses of [QUALIFIED] 19 |
|---|
| 166 | 166 | | applicants; 20 |
|---|
| 167 | 167 | | (6) prescribe requirements for competence before a former registered, 21 |
|---|
| 168 | 168 | | advanced practice registered, or [LICENSED] practical nurse licensed under this 22 |
|---|
| 169 | 169 | | chapter may resume the practice of nursing [UNDER THIS CHAPTER]; 23 |
|---|
| 170 | 170 | | (7) define by regulation the qualifications and duties of the executive 24 |
|---|
| 171 | 171 | | administrator and delegate authority to the executive administrator that is necessary to 25 |
|---|
| 172 | 172 | | conduct board business; 26 |
|---|
| 173 | 173 | | (8) develop reasonable and uniform standards for nursing practice; 27 |
|---|
| 174 | 174 | | (9) publish advisory opinions regarding whether nursing practice 28 |
|---|
| 175 | 175 | | procedures or policies comply with acceptable standards of nursing practice as defined 29 |
|---|
| 176 | 176 | | under this chapter; 30 |
|---|
| 191 | | - | Administrators under AS 08.68.500; 11 |
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| 192 | | - | (13) submit a report to the legislature if the board determines that 12 |
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| 193 | | - | the requirements for a multistate license or multistate licensure privilege under 13 |
|---|
| 194 | | - | the Multistate Nurse Licensure Compact do not meet or exceed the requirements 14 |
|---|
| 195 | | - | for a license to practice registered nursing or practical nursing in this state under 15 |
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| 196 | | - | AS 08.68.170(a) or (b); the board shall submit the report to the senate secretary 16 |
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| 197 | | - | and the chief clerk of the house of representatives and notify the legislature that 17 |
|---|
| 198 | | - | the report is available within 30 days after making the determination. 18 |
|---|
| 199 | | - | (b) The board may 19 |
|---|
| 200 | | - | (1) conduct hearings upon charges of alleged violations of this chapter 20 |
|---|
| 201 | | - | or regulations adopted under it; 21 |
|---|
| 202 | | - | (2) invoke, or request the department to invoke, disciplinary action 22 |
|---|
| 203 | | - | against a license issued under this chapter or a person holding a multistate 23 |
|---|
| 204 | | - | licensure privilege [LICENSEE]; 24 |
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| 205 | | - | (3) prescribe requirements for competence to continue practice. 25 |
|---|
| 206 | | - | * Sec. 7. AS 08.68.140 is amended to read: 26 |
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| 207 | | - | Sec. 08.68.140. Applicability of Administrative Procedure Act. Except as 27 |
|---|
| 208 | | - | specified in AS 08.68.333(f) and 08.68.500, the board shall comply with AS 44.62 28 |
|---|
| 209 | | - | (Administrative Procedure Act). 29 |
|---|
| 210 | | - | * Sec. 8. AS 08.68.160 is amended to read: 30 |
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| 211 | | - | Sec. 08.68.160. License required. A person practicing or offering to practice 31 33-LS0447\D |
|---|
| 212 | | - | HB0149b -7- CSHB 149(L&C) |
|---|
| 191 | + | Administrators under AS 08.68.500. 11 |
|---|
| 192 | + | (b) The board may 12 |
|---|
| 193 | + | (1) conduct hearings upon charges of alleged violations of this chapter 13 |
|---|
| 194 | + | or regulations adopted under it; 14 |
|---|
| 195 | + | (2) invoke, or request the department to invoke, disciplinary action 15 |
|---|
| 196 | + | against a license issued under this chapter or a person holding a multistate 16 |
|---|
| 197 | + | licensure privilege [LICENSEE]; 17 |
|---|
| 198 | + | (3) prescribe requirements for competence to continue practice. 18 |
|---|
| 199 | + | * Sec. 7. AS 08.68.140 is amended to read: 19 |
|---|
| 200 | + | Sec. 08.68.140. Applicability of Administrative Procedure Act. Except as 20 |
|---|
| 201 | + | specified in AS 08.68.333(f) and 08.68.500, the board shall comply with AS 44.62 21 |
|---|
| 202 | + | (Administrative Procedure Act). 22 |
|---|
| 203 | + | * Sec. 8. AS 08.68.160 is amended to read: 23 |
|---|
| 204 | + | Sec. 08.68.160. License required. A person practicing or offering to practice 24 |
|---|
| 205 | + | as a registered [, ADVANCED PRACTICE REGISTERED,] or practical nurse 25 |
|---|
| 206 | + | [NURSING] in the state shall submit evidence of qualification to practice and shall be 26 |
|---|
| 207 | + | licensed or hold a multistate licensure privilege under this chapter. A person 27 |
|---|
| 208 | + | practicing or offering to practice as an advanced practice registered nurse in the 28 |
|---|
| 209 | + | state shall submit evidence of qualification to practice and shall be licensed under 29 |
|---|
| 210 | + | this chapter. 30 |
|---|
| 211 | + | * Sec. 9. AS 08.68.170 is amended to read: 31 33-LS0447\S |
|---|
| 212 | + | HB0149a -7- HB 149 |
|---|
| 215 | | - | as a registered [, ADVANCED PRACTICE REGISTERED,] or practical nurse 1 |
|---|
| 216 | | - | [NURSING] in the state shall submit evidence of qualification to practice and shall be 2 |
|---|
| 217 | | - | licensed or hold a multistate licensure privilege under this chapter. A person 3 |
|---|
| 218 | | - | practicing or offering to practice as an advanced practice registered nurse in the 4 |
|---|
| 219 | | - | state shall submit evidence of qualification to practice and shall be licensed under 5 |
|---|
| 220 | | - | this chapter. 6 |
|---|
| 221 | | - | * Sec. 9. AS 08.68.170 is amended to read: 7 |
|---|
| 222 | | - | Sec. 08.68.170. Qualifications of registered or practical nurse applicants. 8 |
|---|
| 223 | | - | (a) An applicant for a license to practice registered nursing shall submit to the board, 9 |
|---|
| 224 | | - | on forms and in the manner prescribed by the board, written evidence, verified by 10 |
|---|
| 225 | | - | oath, that the applicant has successfully completed a registered nurse education 11 |
|---|
| 226 | | - | program accredited by a national nursing accrediting body and approved by the board. 12 |
|---|
| 227 | | - | An applicant for a multistate license to practice registered nursing shall, in 13 |
|---|
| 228 | | - | addition to the requirements of this chapter, meet the requirements of 14 |
|---|
| 229 | | - | AS 08.68.500. 15 |
|---|
| 230 | | - | (b) An applicant for a license to practice practical nursing may obtain a 16 |
|---|
| 231 | | - | license to practice in this state under this chapter or a multistate license that 17 |
|---|
| 232 | | - | meets the requirements of this chapter and AS 08.68.500. An applicant for a 18 |
|---|
| 233 | | - | license to practice practical nursing under this chapter shall submit to the board, 19 |
|---|
| 234 | | - | on forms and in the manner prescribed by the board, written evidence, verified by 20 |
|---|
| 235 | | - | oath, that the applicant has successfully completed 21 |
|---|
| 236 | | - | (1) a practical nurse education program accredited by a national 22 |
|---|
| 237 | | - | nursing accrediting body; 23 |
|---|
| 238 | | - | (2) a practical nurse education program that meets the criteria 24 |
|---|
| 239 | | - | established by the board under AS 08.68.100; or 25 |
|---|
| 240 | | - | (3) a registered nurse education program accredited by a national 26 |
|---|
| 241 | | - | nursing accrediting body and approved by the board and, if the applicant has failed the 27 |
|---|
| 242 | | - | registered nurse licensing examination, a practical nurse scope of practice course 28 |
|---|
| 243 | | - | approved by the board. 29 |
|---|
| 244 | | - | (c) An applicant for a license to practice advanced practice registered nursing 30 |
|---|
| 245 | | - | shall submit to the board, on forms and in the manner prescribed by the board, written 31 33-LS0447\D |
|---|
| 246 | | - | CSHB 149(L&C) -8- HB0149b |
|---|
| 215 | + | Sec. 08.68.170. Qualifications of registered or practical nurse applicants. 1 |
|---|
| 216 | + | (a) An applicant for a license to practice registered nursing shall submit to the board, 2 |
|---|
| 217 | + | on forms and in the manner prescribed by the board, written evidence, verified by 3 |
|---|
| 218 | + | oath, that the applicant has successfully completed a registered nurse education 4 |
|---|
| 219 | + | program accredited by a national nursing accrediting body and approved by the board. 5 |
|---|
| 220 | + | An applicant for a multistate license to practice registered nursing shall, in 6 |
|---|
| 221 | + | addition to the requirements of this chapter, meet the requirements of 7 |
|---|
| 222 | + | AS 08.68.500. 8 |
|---|
| 223 | + | (b) An applicant for a license to practice practical nursing may obtain a 9 |
|---|
| 224 | + | license to practice in this state under this chapter or a multistate license that 10 |
|---|
| 225 | + | meets the requirements of this chapter and AS 08.68.500. An applicant for a 11 |
|---|
| 226 | + | license to practice practical nursing under this chapter shall submit to the board, 12 |
|---|
| 227 | + | on forms and in the manner prescribed by the board, written evidence, verified by 13 |
|---|
| 228 | + | oath, that the applicant has successfully completed 14 |
|---|
| 229 | + | (1) a practical nurse education program accredited by a national 15 |
|---|
| 230 | + | nursing accrediting body; 16 |
|---|
| 231 | + | (2) a practical nurse education program that meets the criteria 17 |
|---|
| 232 | + | established by the board under AS 08.68.100; or 18 |
|---|
| 233 | + | (3) a registered nurse education program accredited by a national 19 |
|---|
| 234 | + | nursing accrediting body and approved by the board and, if the applicant has failed the 20 |
|---|
| 235 | + | registered nurse licensing examination, a practical nurse scope of practice course 21 |
|---|
| 236 | + | approved by the board. 22 |
|---|
| 237 | + | (c) An applicant for a license to practice advanced practice registered nursing 23 |
|---|
| 238 | + | shall submit to the board, on forms and in the manner prescribed by the board, written 24 |
|---|
| 239 | + | evidence, verified by oath, that the applicant 25 |
|---|
| 240 | + | (1) is licensed as a registered nurse in the state or is practicing as a 26 |
|---|
| 241 | + | registered nurse in the state under a multistate licensure privilege; and 27 |
|---|
| 242 | + | (2) has successfully completed an advanced practice registered nurse 28 |
|---|
| 243 | + | education program that meets the criteria established by the board under 29 |
|---|
| 244 | + | AS 08.68.100. 30 |
|---|
| 245 | + | * Sec. 10. AS 08.68.190 is amended by adding a new subsection to read: 31 33-LS0447\S |
|---|
| 246 | + | HB 149 -8- HB0149a |
|---|
| 249 | | - | evidence, verified by oath, that the applicant 1 |
|---|
| 250 | | - | (1) is licensed as a registered nurse in the state or is practicing as a 2 |
|---|
| 251 | | - | registered nurse in the state under a multistate licensure privilege; and 3 |
|---|
| 252 | | - | (2) has successfully completed an advanced practice registered nurse 4 |
|---|
| 253 | | - | education program that meets the criteria established by the board under 5 |
|---|
| 254 | | - | AS 08.68.100. 6 |
|---|
| 255 | | - | * Sec. 10. AS 08.68.190 is amended by adding a new subsection to read: 7 |
|---|
| 256 | | - | (c) If an applicant meets the qualifications set out in AS 08.68.170 and 8 |
|---|
| 257 | | - | 08.68.500 for the license for which the applicant applied, the board shall issue a 9 |
|---|
| 258 | | - | multistate license to practice registered or practical nursing to an applicant who passes 10 |
|---|
| 259 | | - | the licensing examination to practice registered or practical nursing. 11 |
|---|
| 260 | | - | * Sec. 11. AS 08.68.220 is amended to read: 12 |
|---|
| 261 | | - | Sec. 08.68.220. Fees. The Department of Commerce, Community, and 13 |
|---|
| 262 | | - | Economic Development shall set fees under AS 08.01.065 for each of the following: 14 |
|---|
| 263 | | - | (1) registered nursing single-state license: 15 |
|---|
| 264 | | - | (A) application; 16 |
|---|
| 265 | | - | (B) license by examination; 17 |
|---|
| 266 | | - | (C) license by endorsement; 18 |
|---|
| 267 | | - | (D) license renewal; 19 |
|---|
| 268 | | - | (E) temporary permit; 20 |
|---|
| 269 | | - | (2) practical nursing single-state license: 21 |
|---|
| 270 | | - | (A) application; 22 |
|---|
| 271 | | - | (B) license by examination; 23 |
|---|
| 272 | | - | (C) license by endorsement; 24 |
|---|
| 273 | | - | (D) license renewal; 25 |
|---|
| 274 | | - | (E) temporary permit; 26 |
|---|
| 275 | | - | (3) advanced practice registered nursing: 27 |
|---|
| 276 | | - | (A) application; 28 |
|---|
| 277 | | - | (B) license by certification examination; 29 |
|---|
| 278 | | - | (C) license by endorsement; 30 |
|---|
| 279 | | - | (D) license renewal; 31 33-LS0447\D |
|---|
| 280 | | - | HB0149b -9- CSHB 149(L&C) |
|---|
| 249 | + | (c) If an applicant meets the qualifications set out in AS 08.68.170 and 1 |
|---|
| 250 | + | 08.68.500 for the license for which the applicant applied, the board shall issue a 2 |
|---|
| 251 | + | multistate license to practice registered or practical nursing to an applicant who passes 3 |
|---|
| 252 | + | the licensing examination to practice registered or practical nursing. 4 |
|---|
| 253 | + | * Sec. 11. AS 08.68.220 is amended to read: 5 |
|---|
| 254 | + | Sec. 08.68.220. Fees. The Department of Commerce, Community, and 6 |
|---|
| 255 | + | Economic Development shall set fees under AS 08.01.065 for each of the following: 7 |
|---|
| 256 | + | (1) registered nursing single-state license: 8 |
|---|
| 257 | + | (A) application; 9 |
|---|
| 258 | + | (B) license by examination; 10 |
|---|
| 259 | + | (C) license by endorsement; 11 |
|---|
| 260 | + | (D) license renewal; 12 |
|---|
| 261 | + | (E) temporary permit; 13 |
|---|
| 262 | + | (2) practical nursing single-state license: 14 |
|---|
| 263 | + | (A) application; 15 |
|---|
| 264 | + | (B) license by examination; 16 |
|---|
| 265 | + | (C) license by endorsement; 17 |
|---|
| 266 | + | (D) license renewal; 18 |
|---|
| 267 | + | (E) temporary permit; 19 |
|---|
| 268 | + | (3) advanced practice registered nursing: 20 |
|---|
| 269 | + | (A) application; 21 |
|---|
| 270 | + | (B) license by certification examination; 22 |
|---|
| 271 | + | (C) license by endorsement; 23 |
|---|
| 272 | + | (D) license renewal; 24 |
|---|
| 273 | + | (E) temporary permit; 25 |
|---|
| 274 | + | (4) registered nursing multistate license: 26 |
|---|
| 275 | + | (A) application; 27 |
|---|
| 276 | + | (B) license; 28 |
|---|
| 277 | + | (C) license renewal; 29 |
|---|
| 278 | + | (5) practical nursing multistate license: 30 |
|---|
| 279 | + | (A) application; 31 33-LS0447\S |
|---|
| 280 | + | HB0149a -9- HB 149 |
|---|
| 283 | | - | (E) temporary permit; 1 |
|---|
| 284 | | - | (4) registered nursing multistate license: 2 |
|---|
| 285 | | - | (A) application; 3 |
|---|
| 286 | | - | (B) license; 4 |
|---|
| 287 | | - | (C) license renewal; 5 |
|---|
| 288 | | - | (5) practical nursing multistate license: 6 |
|---|
| 289 | | - | (A) application; 7 |
|---|
| 290 | | - | (B) license; 8 |
|---|
| 291 | | - | (C) license renewal. 9 |
|---|
| 292 | | - | * Sec. 12. AS 08.68.230(a) is amended to read: 10 |
|---|
| 293 | | - | (a) A person who holds a license or multistate licensure privilege 11 |
|---|
| 294 | | - | [LICENSED] to practice registered nursing in the state may use the title "registered 12 |
|---|
| 295 | | - | nurse" and the abbreviation "R.N."[.] 13 |
|---|
| 296 | | - | * Sec. 13. AS 08.68.230(b) is amended to read: 14 |
|---|
| 297 | | - | (b) A person who holds a license or multistate licensure privilege 15 |
|---|
| 298 | | - | [LICENSED] to practice practical nursing in the state may use the title "licensed 16 |
|---|
| 299 | | - | practical nurse" and the abbreviation "L.P.N." 17 |
|---|
| 300 | | - | * Sec. 14. AS 08.68.251(a) is amended to read: 18 |
|---|
| 301 | | - | (a) A lapsed license issued by the board under this chapter may be 19 |
|---|
| 302 | | - | reinstated if it has not remained lapsed for more than five years by payment of the 20 |
|---|
| 303 | | - | license fees for the current renewal period and the penalty fee. The board, by 21 |
|---|
| 304 | | - | regulation, shall establish continuing competency and criminal background check 22 |
|---|
| 305 | | - | requirements for reinstatement of a lapsed license. 23 |
|---|
| 306 | | - | * Sec. 15. AS 08.68.275(c) is amended to read: 24 |
|---|
| 307 | | - | (c) The board may summarily suspend a license issued by the board under 25 |
|---|
| 308 | | - | this chapter before final hearing or during the appeals process if the board finds that 26 |
|---|
| 309 | | - | the licensee poses a clear and immediate danger to the public health and safety. A 27 |
|---|
| 310 | | - | person whose license is suspended under this section is entitled to a hearing conducted 28 |
|---|
| 311 | | - | by the office of administrative hearings (AS 44.64.010) within seven days after the 29 |
|---|
| 312 | | - | effective date of the order. If, after a hearing, the board upholds the suspension, the 30 |
|---|
| 313 | | - | licensee may appeal the suspension to a court of competent jurisdiction. 31 33-LS0447\D |
|---|
| 314 | | - | CSHB 149(L&C) -10- HB0149b |
|---|
| 283 | + | (B) license; 1 |
|---|
| 284 | + | (C) license renewal. 2 |
|---|
| 285 | + | * Sec. 12. AS 08.68.230(a) is amended to read: 3 |
|---|
| 286 | + | (a) A person who holds a license or multistate licensure privilege 4 |
|---|
| 287 | + | [LICENSED] to practice registered nursing in the state may use the title "registered 5 |
|---|
| 288 | + | nurse " and the abbreviation "R.N."[.] 6 |
|---|
| 289 | + | * Sec. 13. AS 08.68.230(b) is amended to read: 7 |
|---|
| 290 | + | (b) A person who holds a license or multistate licensure privilege 8 |
|---|
| 291 | + | [LICENSED] to practice practical nursing in the state may use the title "licensed 9 |
|---|
| 292 | + | practical nurse" and the abbreviation "L.P.N." 10 |
|---|
| 293 | + | * Sec. 14. AS 08.68.251(a) is amended to read: 11 |
|---|
| 294 | + | (a) A lapsed license issued by the board under this chapter may be 12 |
|---|
| 295 | + | reinstated if it has not remained lapsed for more than five years by payment of the 13 |
|---|
| 296 | + | license fees for the current renewal period and the penalty fee. The board, by 14 |
|---|
| 297 | + | regulation, shall establish continuing competency and criminal background check 15 |
|---|
| 298 | + | requirements for reinstatement of a lapsed license. 16 |
|---|
| 299 | + | * Sec. 15. AS 08.68.275(c) is amended to read: 17 |
|---|
| 300 | + | (c) The board may summarily suspend a license issued by the board under 18 |
|---|
| 301 | + | this chapter before final hearing or during the appeals process if the board finds that 19 |
|---|
| 302 | + | the licensee poses a clear and immediate danger to the public health and safety. A 20 |
|---|
| 303 | + | person whose license is suspended under this section is entitled to a hearing conducted 21 |
|---|
| 304 | + | by the office of administrative hearings (AS 44.64.010) within seven days after the 22 |
|---|
| 305 | + | effective date of the order. If, after a hearing, the board upholds the suspension, the 23 |
|---|
| 306 | + | licensee may appeal the suspension to a court of competent jurisdiction. 24 |
|---|
| 307 | + | * Sec. 16. AS 08.68.275(d) is amended to read: 25 |
|---|
| 308 | + | (d) The board may reinstate a license issued by the board under this chapter 26 |
|---|
| 309 | + | that has been suspended or revoked if the board finds, after a hearing, that the 27 |
|---|
| 310 | + | applicant is able to practice with skill and safety. 28 |
|---|
| 311 | + | * Sec. 17. AS 08.68.275 is amended by adding a new subsection to read: 29 |
|---|
| 312 | + | (g) The board may take the following disciplinary actions singly or in 30 |
|---|
| 313 | + | combination against an individual who is practicing in this state under a multistate 31 33-LS0447\S |
|---|
| 314 | + | HB 149 -10- HB0149a |
|---|
| 317 | | - | * Sec. 16. AS 08.68.275(d) is amended to read: 1 |
|---|
| 318 | | - | (d) The board may reinstate a license issued by the board under this chapter 2 |
|---|
| 319 | | - | that has been suspended or revoked if the board finds, after a hearing, that the 3 |
|---|
| 320 | | - | applicant is able to practice with skill and safety. 4 |
|---|
| 321 | | - | * Sec. 17. AS 08.68.275 is amended by adding a new subsection to read: 5 |
|---|
| 322 | | - | (g) The board may take the following disciplinary actions singly or in 6 |
|---|
| 323 | | - | combination against an individual who is practicing in this state under a multistate 7 |
|---|
| 324 | | - | licensure privilege: 8 |
|---|
| 325 | | - | (1) suspend the multistate licensure privilege in the state for a stated 9 |
|---|
| 326 | | - | period of time; 10 |
|---|
| 327 | | - | (2) censure the individual; 11 |
|---|
| 328 | | - | (3) issue a letter of reprimand; 12 |
|---|
| 329 | | - | (4) impose limitations or conditions on the professional practice of the 13 |
|---|
| 330 | | - | individual in the state; 14 |
|---|
| 331 | | - | (5) impose peer review; 15 |
|---|
| 332 | | - | (6) impose professional education requirements until a satisfactory 16 |
|---|
| 333 | | - | degree of skill has been attained in those aspects of professional practice determined 17 |
|---|
| 334 | | - | by the board to need improvement; 18 |
|---|
| 335 | | - | (7) impose probation and require the individual to report regularly to 19 |
|---|
| 336 | | - | the board on matters involving the basis for the probation. 20 |
|---|
| 337 | | - | * Sec. 18. AS 08.68 is amended by adding new sections to read: 21 |
|---|
| 338 | | - | Article 5A. Multistate Nurse Licensure Compact. 22 |
|---|
| 339 | | - | Sec. 08.68.500. Compact enacted. The Multistate Nurse Licensure Compact 23 |
|---|
| 340 | | - | as contained in this section is enacted into law and entered into on behalf of the state 24 |
|---|
| 341 | | - | with all other states and jurisdictions legally joining it in a form substantially as 25 |
|---|
| 342 | | - | follows: 26 |
|---|
| 343 | | - | ARTICLE I 27 |
|---|
| 344 | | - | Findings and Declaration of Purpose 28 |
|---|
| 345 | | - | (a) The legislature finds that: 29 |
|---|
| 346 | | - | (1) The health and safety of the public are affected by the degree of 30 |
|---|
| 347 | | - | compliance with and the effectiveness of enforcement activities related to state nurse 31 33-LS0447\D |
|---|
| 348 | | - | HB0149b -11- CSHB 149(L&C) |
|---|
| 317 | + | licensure privilege: 1 |
|---|
| 318 | + | (1) suspend the multistate licensure privilege in the state for a stated 2 |
|---|
| 319 | + | period of time; 3 |
|---|
| 320 | + | (2) censure the individual; 4 |
|---|
| 321 | + | (3) issue a letter of reprimand; 5 |
|---|
| 322 | + | (4) impose limitations or conditions on the professional practice of the 6 |
|---|
| 323 | + | individual in the state; 7 |
|---|
| 324 | + | (5) impose peer review; 8 |
|---|
| 325 | + | (6) impose professional education requirements until a satisfactory 9 |
|---|
| 326 | + | degree of skill has been attained in those aspects of professional practice determined 10 |
|---|
| 327 | + | by the board to need improvement; 11 |
|---|
| 328 | + | (7) impose probation and require the individual to report regularly to 12 |
|---|
| 329 | + | the board on matters involving the basis for the probation. 13 |
|---|
| 330 | + | * Sec. 18. AS 08.68 is amended by adding new sections to read: 14 |
|---|
| 331 | + | Article 5A. Multistate Nurse Licensure Compact. 15 |
|---|
| 332 | + | Sec. 08.68.500. Compact enacted. The Multistate Nurse Licensure Compact 16 |
|---|
| 333 | + | as contained in this section is enacted into law and entered into on behalf of the state 17 |
|---|
| 334 | + | with all other states and jurisdictions legally joining it in a form substantially as 18 |
|---|
| 335 | + | follows: 19 |
|---|
| 336 | + | ARTICLE I 20 |
|---|
| 337 | + | Findings and Declaration of Purpose 21 |
|---|
| 338 | + | (a) The legislature finds that: 22 |
|---|
| 339 | + | (1) The health and safety of the public are affected by the degree of 23 |
|---|
| 340 | + | compliance with and the effectiveness of enforcement activities related to state nurse 24 |
|---|
| 341 | + | licensure laws; 25 |
|---|
| 342 | + | (2) Violations of nurse licensure and other laws regulating the practice 26 |
|---|
| 343 | + | of nursing may result in injury or harm to the public; 27 |
|---|
| 344 | + | (3) The expanded mobility of nurses and the use of advanced 28 |
|---|
| 345 | + | communication technologies as part of our nation's health care delivery system require 29 |
|---|
| 346 | + | greater coordination and cooperation among states in the areas of nurse licensure and 30 |
|---|
| 347 | + | regulation; 31 33-LS0447\S |
|---|
| 348 | + | HB0149a -11- HB 149 |
|---|
| 351 | | - | licensure laws; 1 |
|---|
| 352 | | - | (2) Violations of nurse licensure and other laws regulating the practice 2 |
|---|
| 353 | | - | of nursing may result in injury or harm to the public; 3 |
|---|
| 354 | | - | (3) The expanded mobility of nurses and the use of advanced 4 |
|---|
| 355 | | - | communication technologies as part of our nation's health care delivery system require 5 |
|---|
| 356 | | - | greater coordination and cooperation among states in the areas of nurse licensure and 6 |
|---|
| 357 | | - | regulation; 7 |
|---|
| 358 | | - | (4) New practice modalities and technology make compliance with 8 |
|---|
| 359 | | - | individual state nurse licensure laws difficult and complex; 9 |
|---|
| 360 | | - | (5) The current system of duplicative licensure for nurses practicing in 10 |
|---|
| 361 | | - | multiple states is cumbersome and redundant for both nurses and states; and 11 |
|---|
| 362 | | - | (6) Uniformity of nurse licensure requirements throughout the states 12 |
|---|
| 363 | | - | promotes public safety and public health benefits. 13 |
|---|
| 364 | | - | (b) The general purposes of this Compact are to: 14 |
|---|
| 365 | | - | (1) Facilitate the states' responsibility to protect the public's health and 15 |
|---|
| 366 | | - | safety; 16 |
|---|
| 367 | | - | (2) Ensure and encourage the cooperation of party states in the areas of 17 |
|---|
| 368 | | - | nurse licensure and regulation; 18 |
|---|
| 369 | | - | (3) Facilitate the exchange of information between party states in the 19 |
|---|
| 370 | | - | areas of nurse regulation, investigation and adverse actions; 20 |
|---|
| 371 | | - | (4) Promote compliance with the laws governing the practice of 21 |
|---|
| 372 | | - | nursing in each jurisdiction; 22 |
|---|
| 373 | | - | (5) Invest all party states with the authority to hold a nurse accountable 23 |
|---|
| 374 | | - | for meeting all state practice laws in the state in which the patient is located at the time 24 |
|---|
| 375 | | - | care is rendered through the mutual recognition of party state licenses; 25 |
|---|
| 376 | | - | (6) Decrease redundancies in the consideration and issuance of nurse 26 |
|---|
| 377 | | - | licenses; and 27 |
|---|
| 378 | | - | (7) Provide opportunities for interstate practice by nurses who meet 28 |
|---|
| 379 | | - | uniform licensure requirements. 29 |
|---|
| 380 | | - | ARTICLE II 30 |
|---|
| 381 | | - | Definitions 31 33-LS0447\D |
|---|
| 382 | | - | CSHB 149(L&C) -12- HB0149b |
|---|
| 351 | + | (4) New practice modalities and technology make compliance with 1 |
|---|
| 352 | + | individual state nurse licensure laws difficult and complex; 2 |
|---|
| 353 | + | (5) The current system of duplicative licensure for nurses practicing in 3 |
|---|
| 354 | + | multiple states is cumbersome and redundant for both nurses and states; and 4 |
|---|
| 355 | + | (6) Uniformity of nurse licensure requirements throughout the states 5 |
|---|
| 356 | + | promotes public safety and public health benefits. 6 |
|---|
| 357 | + | (b) The general purposes of this Compact are to: 7 |
|---|
| 358 | + | (1) Facilitate the states' responsibility to protect the public's health and 8 |
|---|
| 359 | + | safety; 9 |
|---|
| 360 | + | (2) Ensure and encourage the cooperation of party states in the areas of 10 |
|---|
| 361 | + | nurse licensure and regulation; 11 |
|---|
| 362 | + | (3) Facilitate the exchange of information between party states in the 12 |
|---|
| 363 | + | areas of nurse regulation, investigation and adverse actions; 13 |
|---|
| 364 | + | (4) Promote compliance with the laws governing the practice of 14 |
|---|
| 365 | + | nursing in each jurisdiction; 15 |
|---|
| 366 | + | (5) Invest all party states with the authority to hold a nurse accountable 16 |
|---|
| 367 | + | for meeting all state practice laws in the state in which the patient is located at the time 17 |
|---|
| 368 | + | care is rendered through the mutual recognition of party state licenses; 18 |
|---|
| 369 | + | (6) Decrease redundancies in the consideration and issuance of nurse 19 |
|---|
| 370 | + | licenses; and 20 |
|---|
| 371 | + | (7) Provide opportunities for interstate practice by nurses who meet 21 |
|---|
| 372 | + | uniform licensure requirements. 22 |
|---|
| 373 | + | ARTICLE II 23 |
|---|
| 374 | + | Definitions 24 |
|---|
| 375 | + | As used in this compact, unless the context clearly requires a different construction, 25 |
|---|
| 376 | + | (1) "Adverse action" means any administrative, civil, equitable or 26 |
|---|
| 377 | + | criminal action permitted by a state's laws which is imposed by a licensing board or 27 |
|---|
| 378 | + | other authority against a nurse, including actions against an individual's license or 28 |
|---|
| 379 | + | multistate licensure privilege such as revocation, suspension, probation, monitoring of 29 |
|---|
| 380 | + | the licensee, limitation on the licensee's practice, or any other encumbrance on 30 |
|---|
| 381 | + | licensure affecting a nurse's authorization to practice, including issuance of a cease 31 33-LS0447\S |
|---|
| 382 | + | HB 149 -12- HB0149a |
|---|
| 385 | | - | As used in this compact, unless the context clearly requires a different construction, 1 |
|---|
| 386 | | - | (1) "Adverse action" means any administrative, civil, equitable or 2 |
|---|
| 387 | | - | criminal action permitted by a state's laws which is imposed by a licensing board or 3 |
|---|
| 388 | | - | other authority against a nurse, including actions against an individual's license or 4 |
|---|
| 389 | | - | multistate licensure privilege such as revocation, suspension, probation, monitoring of 5 |
|---|
| 390 | | - | the licensee, limitation on the licensee's practice, or any other encumbrance on 6 |
|---|
| 391 | | - | licensure affecting a nurse's authorization to practice, including issuance of a cease 7 |
|---|
| 392 | | - | and desist action. 8 |
|---|
| 393 | | - | (2) "Alternative program" means a non-disciplinary monitoring 9 |
|---|
| 394 | | - | program approved by a licensing board. 10 |
|---|
| 395 | | - | (3) "Coordinated licensure information system" means an integrated 11 |
|---|
| 396 | | - | process for collecting, storing and sharing information on nurse licensure and 12 |
|---|
| 397 | | - | enforcement activities related to nurse licensure laws that is administered by a 13 |
|---|
| 398 | | - | nonprofit organization composed of and controlled by licensing boards. 14 |
|---|
| 399 | | - | (4) "Current significant investigative information" means: 15 |
|---|
| 400 | | - | (A) Investigative information that a licensing board, after a 16 |
|---|
| 401 | | - | preliminary inquiry that includes notification and an opportunity for the nurse 17 |
|---|
| 402 | | - | to respond, if required by state law, has reason to believe is not groundless and, 18 |
|---|
| 403 | | - | if proved true, would indicate more than a minor infraction; or 19 |
|---|
| 404 | | - | (B) Investigative information that indicates that the nurse 20 |
|---|
| 405 | | - | represents an immediate threat to public health and safety regardless of 21 |
|---|
| 406 | | - | whether the nurse has been notified and had an opportunity to respond. 22 |
|---|
| 407 | | - | (5) "Encumbrance" means a revocation or suspension of, or any 23 |
|---|
| 408 | | - | limitation on, the full and unrestricted practice of nursing imposed by a licensing 24 |
|---|
| 409 | | - | board. 25 |
|---|
| 410 | | - | (6) "Home state" means the party state which is the nurse's primary 26 |
|---|
| 411 | | - | state of residence. 27 |
|---|
| 412 | | - | (7) "Licensing board" means a party state's regulatory body 28 |
|---|
| 413 | | - | responsible for issuing nurse licenses. 29 |
|---|
| 414 | | - | (8) "Multistate license" means a license to practice as a registered or a 30 |
|---|
| 415 | | - | licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board 31 33-LS0447\D |
|---|
| 416 | | - | HB0149b -13- CSHB 149(L&C) |
|---|
| 385 | + | and desist action. 1 |
|---|
| 386 | + | (2) "Alternative program" means a non-disciplinary monitoring 2 |
|---|
| 387 | + | program approved by a licensing board. 3 |
|---|
| 388 | + | (3) "Coordinated licensure information system" means an integrated 4 |
|---|
| 389 | + | process for collecting, storing and sharing information on nurse licensure and 5 |
|---|
| 390 | + | enforcement activities related to nurse licensure laws that is administered by a 6 |
|---|
| 391 | + | nonprofit organization composed of and controlled by licensing boards. 7 |
|---|
| 392 | + | (4) "Current significant investigative information" means: 8 |
|---|
| 393 | + | (A) Investigative information that a licensing board, after a 9 |
|---|
| 394 | + | preliminary inquiry that includes notification and an opportunity for the nurse 10 |
|---|
| 395 | + | to respond, if required by state law, has reason to believe is not groundless and, 11 |
|---|
| 396 | + | if proved true, would indicate more than a minor infraction; or 12 |
|---|
| 397 | + | (B) Investigative information that indicates that the nurse 13 |
|---|
| 398 | + | represents an immediate threat to public health and safety regardless of 14 |
|---|
| 399 | + | whether the nurse has been notified and had an opportunity to respond. 15 |
|---|
| 400 | + | (5) "Encumbrance" means a revocation or suspension of, or any 16 |
|---|
| 401 | + | limitation on, the full and unrestricted practice of nursing imposed by a licensing 17 |
|---|
| 402 | + | board. 18 |
|---|
| 403 | + | (6) "Home state" means the party state which is the nurse's primary 19 |
|---|
| 404 | + | state of residence. 20 |
|---|
| 405 | + | (7) "Licensing board" means a party state's regulatory body 21 |
|---|
| 406 | + | responsible for issuing nurse licenses. 22 |
|---|
| 407 | + | (8) "Multistate license" means a license to practice as a registered or a 23 |
|---|
| 408 | + | licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board 24 |
|---|
| 409 | + | that authorizes the licensed nurse to practice in all party states under a multistate 25 |
|---|
| 410 | + | licensure privilege. 26 |
|---|
| 411 | + | (9) "Multistate licensure privilege" means a legal authorization 27 |
|---|
| 412 | + | associated with a multistate license permitting the practice of nursing as either a 28 |
|---|
| 413 | + | registered nurse (RN) or LPN/VN in a remote state. 29 |
|---|
| 414 | + | (10) "Nurse" means RN or LPN/VN, as those terms are defined by 30 |
|---|
| 415 | + | each party state's practice laws. 31 33-LS0447\S |
|---|
| 416 | + | HB0149a -13- HB 149 |
|---|
| 419 | | - | that authorizes the licensed nurse to practice in all party states under a multistate 1 |
|---|
| 420 | | - | licensure privilege. 2 |
|---|
| 421 | | - | (9) "Multistate licensure privilege" means a legal authorization 3 |
|---|
| 422 | | - | associated with a multistate license permitting the practice of nursing as either a 4 |
|---|
| 423 | | - | registered nurse (RN) or LPN/VN in a remote state. 5 |
|---|
| 424 | | - | (10) "Nurse" means RN or LPN/VN, as those terms are defined by 6 |
|---|
| 425 | | - | each party state's practice laws. 7 |
|---|
| 426 | | - | (11) "Party state" means any state that has adopted this Compact. 8 |
|---|
| 427 | | - | (12) "Remote state" means a party state, other than the home state. 9 |
|---|
| 428 | | - | (13) "Single-state license" means a nurse license issued by a party state 10 |
|---|
| 429 | | - | that authorizes practice only within the issuing state and does not include a multistate 11 |
|---|
| 430 | | - | licensure privilege to practice in any other party state. 12 |
|---|
| 431 | | - | (14) "State" means a state, territory or possession of the United States 13 |
|---|
| 432 | | - | and the District of Columbia. 14 |
|---|
| 433 | | - | (15) "State practice laws" means a party state's laws, rules and 15 |
|---|
| 434 | | - | regulations that govern the practice of nursing, define the scope of nursing practice, 16 |
|---|
| 435 | | - | and create the methods and grounds for imposing discipline. "State practice laws" do 17 |
|---|
| 436 | | - | not include requirements necessary to obtain and retain a license, except for 18 |
|---|
| 437 | | - | qualifications or requirements of the home state. 19 |
|---|
| 438 | | - | ARTICLE III 20 |
|---|
| 439 | | - | General Provisions and Jurisdiction 21 |
|---|
| 440 | | - | (a) A multistate license to practice registered or licensed practical/vocational 22 |
|---|
| 441 | | - | nursing issued by a home state to a resident in that state will be recognized by each 23 |
|---|
| 442 | | - | party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed 24 |
|---|
| 443 | | - | practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each 25 |
|---|
| 444 | | - | party state. 26 |
|---|
| 445 | | - | (b) A state must implement procedures for considering the criminal history 27 |
|---|
| 446 | | - | records of applicants for initial multistate license or licensure by endorsement. Such 28 |
|---|
| 447 | | - | procedures shall include the submission of fingerprints or other biometric-based 29 |
|---|
| 448 | | - | information by applicants for the purpose of obtaining an applicant's criminal history 30 |
|---|
| 449 | | - | record information from the Federal Bureau of Investigation and the agency 31 33-LS0447\D |
|---|
| 450 | | - | CSHB 149(L&C) -14- HB0149b |
|---|
| 419 | + | (11) "Party state" means any state that has adopted this Compact. 1 |
|---|
| 420 | + | (12) "Remote state" means a party state, other than the home state. 2 |
|---|
| 421 | + | (13) "Single-state license" means a nurse license issued by a party state 3 |
|---|
| 422 | + | that authorizes practice only within the issuing state and does not include a multistate 4 |
|---|
| 423 | + | licensure privilege to practice in any other party state. 5 |
|---|
| 424 | + | (14) "State" means a state, territory or possession of the United States 6 |
|---|
| 425 | + | and the District of Columbia. 7 |
|---|
| 426 | + | (15) "State practice laws" means a party state's laws, rules and 8 |
|---|
| 427 | + | regulations that govern the practice of nursing, define the scope of nursing practice, 9 |
|---|
| 428 | + | and create the methods and grounds for imposing discipline. "State practice laws" do 10 |
|---|
| 429 | + | not include requirements necessary to obtain and retain a license, except for 11 |
|---|
| 430 | + | qualifications or requirements of the home state. 12 |
|---|
| 431 | + | ARTICLE III 13 |
|---|
| 432 | + | General Provisions and Jurisdiction 14 |
|---|
| 433 | + | (a) A multistate license to practice registered or licensed practical/vocational 15 |
|---|
| 434 | + | nursing issued by a home state to a resident in that state will be recognized by each 16 |
|---|
| 435 | + | party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed 17 |
|---|
| 436 | + | practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each 18 |
|---|
| 437 | + | party state. 19 |
|---|
| 438 | + | (b) A state must implement procedures for considering the criminal history 20 |
|---|
| 439 | + | records of applicants for initial multistate license or licensure by endorsement. Such 21 |
|---|
| 440 | + | procedures shall include the submission of fingerprints or other biometric-based 22 |
|---|
| 441 | + | information by applicants for the purpose of obtaining an applicant's criminal history 23 |
|---|
| 442 | + | record information from the Federal Bureau of Investigation and the agency 24 |
|---|
| 443 | + | responsible for retaining that state's criminal records. 25 |
|---|
| 444 | + | (c) Each party state shall require the following for an applicant to obtain or 26 |
|---|
| 445 | + | retain a multistate license in the home state: 27 |
|---|
| 446 | + | (1) Meets the home state's qualifications for licensure or renewal of 28 |
|---|
| 447 | + | licensure, as well as, all other applicable state laws; 29 |
|---|
| 448 | + | (2) Has graduated or is eligible to graduate from a licensing board-30 |
|---|
| 449 | + | approved RN or LPN/VN prelicensure education program; or has graduated from a 31 33-LS0447\S |
|---|
| 450 | + | HB 149 -14- HB0149a |
|---|
| 453 | | - | responsible for retaining that state's criminal records. 1 |
|---|
| 454 | | - | (c) Each party state shall require the following for an applicant to obtain or 2 |
|---|
| 455 | | - | retain a multistate license in the home state: 3 |
|---|
| 456 | | - | (1) Meets the home state's qualifications for licensure or renewal of 4 |
|---|
| 457 | | - | licensure, as well as, all other applicable state laws; 5 |
|---|
| 458 | | - | (2) Has graduated or is eligible to graduate from a licensing board-6 |
|---|
| 459 | | - | approved RN or LPN/VN prelicensure education program; or has graduated from a 7 |
|---|
| 460 | | - | foreign RN or LPN/VN prelicensure education program that (a) has been approved by 8 |
|---|
| 461 | | - | the authorized accrediting body in the applicable country and (b) has been verified by 9 |
|---|
| 462 | | - | an independent credentials review agency to be comparable to a licensing board-10 |
|---|
| 463 | | - | approved prelicensure education program; 11 |
|---|
| 464 | | - | (3) Has, if a graduate of a foreign prelicensure education program not 12 |
|---|
| 465 | | - | taught in English or if English is not the individual's native language, successfully 13 |
|---|
| 466 | | - | passed an English proficiency examination that includes the components of reading, 14 |
|---|
| 467 | | - | speaking, writing and listening; 15 |
|---|
| 468 | | - | (4) Has successfully passed an NCLEX-RN or NCLEX-PN 16 |
|---|
| 469 | | - | Examination or recognized predecessor, as applicable; 17 |
|---|
| 470 | | - | (5) Is eligible for or holds an active, unencumbered license; 18 |
|---|
| 471 | | - | (6) Has submitted, in connection with an application for initial 19 |
|---|
| 472 | | - | licensure or licensure by endorsement, fingerprints or other biometric data for the 20 |
|---|
| 473 | | - | purpose of obtaining criminal history record information from the Federal Bureau of 21 |
|---|
| 474 | | - | Investigation and the agency responsible for retaining that state's criminal records; 22 |
|---|
| 475 | | - | (7) Has not been convicted or found guilty, or has entered into an 23 |
|---|
| 476 | | - | agreed disposition, of a felony offense under applicable state or federal criminal law; 24 |
|---|
| 477 | | - | (8) Has not been convicted or found guilty, or has entered into an 25 |
|---|
| 478 | | - | agreed disposition, of a misdemeanor offense related to the practice of nursing as 26 |
|---|
| 479 | | - | determined on a case-by-case basis; 27 |
|---|
| 480 | | - | (9) Is not currently enrolled in an alternative program; 28 |
|---|
| 481 | | - | (10) Is subject to self-disclosure requirements regarding current 29 |
|---|
| 482 | | - | participation in an alternative program; and 30 |
|---|
| 483 | | - | (11) Has a valid United States Social Security number. 31 33-LS0447\D |
|---|
| 484 | | - | HB0149b -15- CSHB 149(L&C) |
|---|
| 453 | + | foreign RN or LPN/VN prelicensure education program that (a) has been approved by 1 |
|---|
| 454 | + | the authorized accrediting body in the applicable country and (b) has been verified by 2 |
|---|
| 455 | + | an independent credentials review agency to be comparable to a licensing board-3 |
|---|
| 456 | + | approved prelicensure education program; 4 |
|---|
| 457 | + | (3) Has, if a graduate of a foreign prelicensure education program not 5 |
|---|
| 458 | + | taught in English or if English is not the individual's native language, successfully 6 |
|---|
| 459 | + | passed an English proficiency examination that includes the components of reading, 7 |
|---|
| 460 | + | speaking, writing and listening; 8 |
|---|
| 461 | + | (4) Has successfully passed an NCLEX-RN or NCLEX-PN 9 |
|---|
| 462 | + | Examination or recognized predecessor, as applicable; 10 |
|---|
| 463 | + | (5) Is eligible for or holds an active, unencumbered license; 11 |
|---|
| 464 | + | (6) Has submitted, in connection with an application for initial 12 |
|---|
| 465 | + | licensure or licensure by endorsement, fingerprints or other biometric data for the 13 |
|---|
| 466 | + | purpose of obtaining criminal history record information from the Federal Bureau of 14 |
|---|
| 467 | + | Investigation and the agency responsible for retaining that state's criminal records; 15 |
|---|
| 468 | + | (7) Has not been convicted or found guilty, or has entered into an 16 |
|---|
| 469 | + | agreed disposition, of a felony offense under applicable state or federal criminal law; 17 |
|---|
| 470 | + | (8) Has not been convicted or found guilty, or has entered into an 18 |
|---|
| 471 | + | agreed disposition, of a misdemeanor offense related to the practice of nursing as 19 |
|---|
| 472 | + | determined on a case-by-case basis; 20 |
|---|
| 473 | + | (9) Is not currently enrolled in an alternative program; 21 |
|---|
| 474 | + | (10) Is subject to self-disclosure requirements regarding current 22 |
|---|
| 475 | + | participation in an alternative program; and 23 |
|---|
| 476 | + | (11) Has a valid United States Social Security number. 24 |
|---|
| 477 | + | (d) All party states shall be authorized, in accordance with existing state due 25 |
|---|
| 478 | + | process law, to take adverse action against a nurse's multistate licensure privilege such 26 |
|---|
| 479 | + | as revocation, suspension, probation or any other action that affects a nurse's 27 |
|---|
| 480 | + | authorization to practice under a multistate licensure privilege, including cease and 28 |
|---|
| 481 | + | desist actions. If a party state takes such action, it shall promptly notify the 29 |
|---|
| 482 | + | administrator of the coordinated licensure information system. The administrator of 30 |
|---|
| 483 | + | the coordinated licensure information system shall promptly notify the home state of 31 33-LS0447\S |
|---|
| 484 | + | HB0149a -15- HB 149 |
|---|
| 487 | | - | (d) All party states shall be authorized, in accordance with existing state due 1 |
|---|
| 488 | | - | process law, to take adverse action against a nurse's multistate licensure privilege such 2 |
|---|
| 489 | | - | as revocation, suspension, probation or any other action that affects a nurse's 3 |
|---|
| 490 | | - | authorization to practice under a multistate licensure privilege, including cease and 4 |
|---|
| 491 | | - | desist actions. If a party state takes such action, it shall promptly notify the 5 |
|---|
| 492 | | - | administrator of the coordinated licensure information system. The administrator of 6 |
|---|
| 493 | | - | the coordinated licensure information system shall promptly notify the home state of 7 |
|---|
| 494 | | - | any such actions by remote states. 8 |
|---|
| 495 | | - | (e) A nurse practicing in a party state must comply with the state practice laws 9 |
|---|
| 496 | | - | of the state in which the client is located at the time service is provided. The practice 10 |
|---|
| 497 | | - | of nursing is not limited to patient care, but shall include all nursing practice as 11 |
|---|
| 498 | | - | defined by the state practice laws of the party state in which the client is located. The 12 |
|---|
| 499 | | - | practice of nursing in a party state under a multistate licensure privilege will subject a 13 |
|---|
| 500 | | - | nurse to the jurisdiction of the licensing board, the courts and the laws of the party 14 |
|---|
| 501 | | - | state in which the client is located at the time service is provided. 15 |
|---|
| 502 | | - | (f) Individuals not residing in a party state shall continue to be able to apply 16 |
|---|
| 503 | | - | for a party state's single-state license as provided under the laws of each party state. 17 |
|---|
| 504 | | - | However, the single-state license granted to these individuals will not be recognized as 18 |
|---|
| 505 | | - | granting the privilege to practice nursing in any other party state. Nothing in this 19 |
|---|
| 506 | | - | Compact shall affect the requirements established by a party state for the issuance of a 20 |
|---|
| 507 | | - | single-state license. 21 |
|---|
| 508 | | - | (g) Any nurse holding a home state multistate license, on the effective date of 22 |
|---|
| 509 | | - | this Compact, may retain and renew the multistate license issued by the nurse's then-23 |
|---|
| 510 | | - | current home state, provided that: 24 |
|---|
| 511 | | - | (1) A nurse, who changes primary state of residence after this 25 |
|---|
| 512 | | - | Compact's effective date, must meet all applicable Article III.c. requirements to obtain 26 |
|---|
| 513 | | - | a multistate license from a new home state. 27 |
|---|
| 514 | | - | (2) A nurse who fails to satisfy the multistate licensure requirements in 28 |
|---|
| 515 | | - | Article III.c. due to a disqualifying event occurring after this Compact's effective date 29 |
|---|
| 516 | | - | shall be ineligible to retain or renew a multistate license, and the nurse's multistate 30 |
|---|
| 517 | | - | license shall be revoked or deactivated in accordance with applicable rules adopted by 31 33-LS0447\D |
|---|
| 518 | | - | CSHB 149(L&C) -16- HB0149b |
|---|
| 487 | + | any such actions by remote states. 1 |
|---|
| 488 | + | (e) A nurse practicing in a party state must comply with the state practice laws 2 |
|---|
| 489 | + | of the state in which the client is located at the time service is provided. The practice 3 |
|---|
| 490 | + | of nursing is not limited to patient care, but shall include all nursing practice as 4 |
|---|
| 491 | + | defined by the state practice laws of the party state in which the client is located. The 5 |
|---|
| 492 | + | practice of nursing in a party state under a multistate licensure privilege will subject a 6 |
|---|
| 493 | + | nurse to the jurisdiction of the licensing board, the courts and the laws of the party 7 |
|---|
| 494 | + | state in which the client is located at the time service is provided. 8 |
|---|
| 495 | + | (f) Individuals not residing in a party state shall continue to be able to apply 9 |
|---|
| 496 | + | for a party state's single-state license as provided under the laws of each party state. 10 |
|---|
| 497 | + | However, the single-state license granted to these individuals will not be recognized as 11 |
|---|
| 498 | + | granting the privilege to practice nursing in any other party state. Nothing in this 12 |
|---|
| 499 | + | Compact shall affect the requirements established by a party state for the issuance of a 13 |
|---|
| 500 | + | single-state license. 14 |
|---|
| 501 | + | (g) Any nurse holding a home state multistate license, on the effective date of 15 |
|---|
| 502 | + | this Compact, may retain and renew the multistate license issued by the nurse's then-16 |
|---|
| 503 | + | current home state, provided that: 17 |
|---|
| 504 | + | (1) A nurse, who changes primary state of residence after this 18 |
|---|
| 505 | + | Compact's effective date, must meet all applicable Article III.c. requirements to obtain 19 |
|---|
| 506 | + | a multistate license from a new home state. 20 |
|---|
| 507 | + | (2) A nurse who fails to satisfy the multistate licensure requirements in 21 |
|---|
| 508 | + | Article III.c. due to a disqualifying event occurring after this Compact's effective date 22 |
|---|
| 509 | + | shall be ineligible to retain or renew a multistate license, and the nurse's multistate 23 |
|---|
| 510 | + | license shall be revoked or deactivated in accordance with applicable rules adopted by 24 |
|---|
| 511 | + | the Interstate Commission of Nurse Licensure Compact Administrators 25 |
|---|
| 512 | + | ("Commission"). 26 |
|---|
| 513 | + | ARTICLE IV 27 |
|---|
| 514 | + | Applications for Licensure in a Party State 28 |
|---|
| 515 | + | (a) Upon application for a multistate license, the licensing board in the issuing 29 |
|---|
| 516 | + | party state shall ascertain, through the coordinated licensure information system, 30 |
|---|
| 517 | + | whether the applicant has ever held, or is the holder of, a license issued by any other 31 33-LS0447\S |
|---|
| 518 | + | HB 149 -16- HB0149a |
|---|
| 521 | | - | the Interstate Commission of Nurse Licensure Compact Administrators 1 |
|---|
| 522 | | - | ("Commission"). 2 |
|---|
| 523 | | - | ARTICLE IV 3 |
|---|
| 524 | | - | Applications for Licensure in a Party State 4 |
|---|
| 525 | | - | (a) Upon application for a multistate license, the licensing board in the issuing 5 |
|---|
| 526 | | - | party state shall ascertain, through the coordinated licensure information system, 6 |
|---|
| 527 | | - | whether the applicant has ever held, or is the holder of, a license issued by any other 7 |
|---|
| 528 | | - | state, whether there are any encumbrances on any license or multistate licensure 8 |
|---|
| 529 | | - | privilege held by the applicant, whether any adverse action has been taken against any 9 |
|---|
| 530 | | - | license or multistate licensure privilege held by the applicant and whether the 10 |
|---|
| 531 | | - | applicant is currently participating in an alternative program. 11 |
|---|
| 532 | | - | (b) A nurse may hold a multistate license, issued by the home state, in only 12 |
|---|
| 533 | | - | one party state at a time. 13 |
|---|
| 534 | | - | (c) If a nurse changes primary state of residence by moving between two party 14 |
|---|
| 535 | | - | states, the nurse must apply for licensure in the new home state, and the multistate 15 |
|---|
| 536 | | - | license issued by the prior home state will be deactivated in accordance with 16 |
|---|
| 537 | | - | applicable rules adopted by the Commission. 17 |
|---|
| 538 | | - | (1) The nurse may apply for licensure in advance of a change in 18 |
|---|
| 539 | | - | primary state of residence. 19 |
|---|
| 540 | | - | (2) A multistate license shall not be issued by the new home state until 20 |
|---|
| 541 | | - | the nurse provides satisfactory evidence of a change in primary state of residence to 21 |
|---|
| 542 | | - | the new home state and satisfies all applicable requirements to obtain a multistate 22 |
|---|
| 543 | | - | license from the new home state. 23 |
|---|
| 544 | | - | (d) If a nurse changes primary state of residence by moving from a party state 24 |
|---|
| 545 | | - | to a non-party state, the multistate license issued by the prior home state will convert 25 |
|---|
| 546 | | - | to a single-state license, valid only in the former home state. 26 |
|---|
| 547 | | - | ARTICLE V 27 |
|---|
| 548 | | - | Additional Authorities Invested in Party State Licensing Boards 28 |
|---|
| 549 | | - | (a) In addition to the other powers conferred by state law, a licensing board 29 |
|---|
| 550 | | - | shall have the authority to: 30 |
|---|
| 551 | | - | (1) Take adverse action against a nurse's multistate licensure privilege 31 33-LS0447\D |
|---|
| 552 | | - | HB0149b -17- CSHB 149(L&C) |
|---|
| 521 | + | state, whether there are any encumbrances on any license or multistate licensure 1 |
|---|
| 522 | + | privilege held by the applicant, whether any adverse action has been taken against any 2 |
|---|
| 523 | + | license or multistate licensure privilege held by the applicant and whether the 3 |
|---|
| 524 | + | applicant is currently participating in an alternative program. 4 |
|---|
| 525 | + | (b) A nurse may hold a multistate license, issued by the home state, in only 5 |
|---|
| 526 | + | one party state at a time. 6 |
|---|
| 527 | + | (c) If a nurse changes primary state of residence by moving between two party 7 |
|---|
| 528 | + | states, the nurse must apply for licensure in the new home state, and the multistate 8 |
|---|
| 529 | + | license issued by the prior home state will be deactivated in accordance with 9 |
|---|
| 530 | + | applicable rules adopted by the Commission. 10 |
|---|
| 531 | + | (1) The nurse may apply for licensure in advance of a change in 11 |
|---|
| 532 | + | primary state of residence. 12 |
|---|
| 533 | + | (2) A multistate license shall not be issued by the new home state until 13 |
|---|
| 534 | + | the nurse provides satisfactory evidence of a change in primary state of residence to 14 |
|---|
| 535 | + | the new home state and satisfies all applicable requirements to obtain a multistate 15 |
|---|
| 536 | + | license from the new home state. 16 |
|---|
| 537 | + | (d) If a nurse changes primary state of residence by moving from a party state 17 |
|---|
| 538 | + | to a non-party state, the multistate license issued by the prior home state will convert 18 |
|---|
| 539 | + | to a single-state license, valid only in the former home state. 19 |
|---|
| 540 | + | ARTICLE V 20 |
|---|
| 541 | + | Additional Authorities Invested in Party State Licensing Boards 21 |
|---|
| 542 | + | (a) In addition to the other powers conferred by state law, a licensing board 22 |
|---|
| 543 | + | shall have the authority to: 23 |
|---|
| 544 | + | (1) Take adverse action against a nurse's multistate licensure privilege 24 |
|---|
| 545 | + | to practice within that party state. 25 |
|---|
| 546 | + | (A) Only the home state shall have the power to take adverse 26 |
|---|
| 547 | + | action against a nurse's license issued by the home state. 27 |
|---|
| 548 | + | (B) For purposes of taking adverse action, the home state 28 |
|---|
| 549 | + | licensing board shall give the same priority and effect to reported conduct 29 |
|---|
| 550 | + | received from a remote state as it would if such conduct had occurred within 30 |
|---|
| 551 | + | the home state. In so doing, the home state shall apply its own state laws to 31 33-LS0447\S |
|---|
| 552 | + | HB0149a -17- HB 149 |
|---|
| 555 | | - | to practice within that party state. 1 |
|---|
| 556 | | - | (A) Only the home state shall have the power to take adverse 2 |
|---|
| 557 | | - | action against a nurse's license issued by the home state. 3 |
|---|
| 558 | | - | (B) For purposes of taking adverse action, the home state 4 |
|---|
| 559 | | - | licensing board shall give the same priority and effect to reported conduct 5 |
|---|
| 560 | | - | received from a remote state as it would if such conduct had occurred within 6 |
|---|
| 561 | | - | the home state. In so doing, the home state shall apply its own state laws to 7 |
|---|
| 562 | | - | determine appropriate action. 8 |
|---|
| 563 | | - | (2) Issue cease and desist orders or impose an encumbrance on a 9 |
|---|
| 564 | | - | nurse's authority to practice within that party state. 10 |
|---|
| 565 | | - | (3) Complete any pending investigations of a nurse who changes 11 |
|---|
| 566 | | - | primary state of residence during the course of such investigations. The licensing 12 |
|---|
| 567 | | - | board shall also have the authority to take appropriate action(s) and shall promptly 13 |
|---|
| 568 | | - | report the conclusions of such investigations to the administrator of the coordinated 14 |
|---|
| 569 | | - | licensure information system. The administrator of the coordinated licensure 15 |
|---|
| 570 | | - | information system shall promptly notify the new home state of any such actions. 16 |
|---|
| 571 | | - | (4) Issue subpoenas for both hearings and investigations that require 17 |
|---|
| 572 | | - | the attendance and testimony of witnesses, as well as, the production of evidence. 18 |
|---|
| 573 | | - | Subpoenas issued by a licensing board in a party state for the attendance and 19 |
|---|
| 574 | | - | testimony of witnesses or the production of evidence from another party state shall be 20 |
|---|
| 575 | | - | enforced in the latter state by any court of competent jurisdiction, according to the 21 |
|---|
| 576 | | - | practice and procedure of that court applicable to subpoenas issued in proceedings 22 |
|---|
| 577 | | - | pending before it. The issuing authority shall pay any witness fees, travel expenses, 23 |
|---|
| 578 | | - | mileage and other fees required by the service statutes of the state in which the 24 |
|---|
| 579 | | - | witnesses or evidence are located. 25 |
|---|
| 580 | | - | (5) Obtain and submit, for each nurse licensure applicant, fingerprint 26 |
|---|
| 581 | | - | or other biometric-based information to the Federal Bureau of Investigation for 27 |
|---|
| 582 | | - | criminal background checks, receive the results of the Federal Bureau of Investigation 28 |
|---|
| 583 | | - | record search on criminal background checks and use the results in making licensure 29 |
|---|
| 584 | | - | decisions. 30 |
|---|
| 585 | | - | (6) If otherwise permitted by state law, recover from the affected nurse |
|---|
| 586 | | - | 31 33-LS0447\D |
|---|
| 587 | | - | CSHB 149(L&C) -18- HB0149b |
|---|
| 555 | + | determine appropriate action. 1 |
|---|
| 556 | + | (2) Issue cease and desist orders or impose an encumbrance on a 2 |
|---|
| 557 | + | nurse's authority to practice within that party state. 3 |
|---|
| 558 | + | (3) Complete any pending investigations of a nurse who changes 4 |
|---|
| 559 | + | primary state of residence during the course of such investigations. The licensing 5 |
|---|
| 560 | + | board shall also have the authority to take appropriate action(s) and shall promptly 6 |
|---|
| 561 | + | report the conclusions of such investigations to the administrator of the coordinated 7 |
|---|
| 562 | + | licensure information system. The administrator of the coordinated licensure 8 |
|---|
| 563 | + | information system shall promptly notify the new home state of any such actions. 9 |
|---|
| 564 | + | (4) Issue subpoenas for both hearings and investigations that require 10 |
|---|
| 565 | + | the attendance and testimony of witnesses, as well as, the production of evidence. 11 |
|---|
| 566 | + | Subpoenas issued by a licensing board in a party state for the attendance and 12 |
|---|
| 567 | + | testimony of witnesses or the production of evidence from another party state shall be 13 |
|---|
| 568 | + | enforced in the latter state by any court of competent jurisdiction, according to the 14 |
|---|
| 569 | + | practice and procedure of that court applicable to subpoenas issued in proceedings 15 |
|---|
| 570 | + | pending before it. The issuing authority shall pay any witness fees, travel expenses, 16 |
|---|
| 571 | + | mileage and other fees required by the service statutes of the state in which the 17 |
|---|
| 572 | + | witnesses or evidence are located. 18 |
|---|
| 573 | + | (5) Obtain and submit, for each nurse licensure applicant, fingerprint 19 |
|---|
| 574 | + | or other biometric-based information to the Federal Bureau of Investigation for 20 |
|---|
| 575 | + | criminal background checks, receive the results of the Federal Bureau of Investigation 21 |
|---|
| 576 | + | record search on criminal background checks and use the results in making licensure 22 |
|---|
| 577 | + | decisions. 23 |
|---|
| 578 | + | (6) If otherwise permitted by state law, recover from the affected nurse 24 |
|---|
| 579 | + | the costs of investigations and disposition of cases resulting from any adverse action 25 |
|---|
| 580 | + | taken against that nurse. 26 |
|---|
| 581 | + | (7) Take adverse action based on the factual findings of the remote 27 |
|---|
| 582 | + | state, provided that the licensing board follows its own procedures for taking such 28 |
|---|
| 583 | + | adverse action. 29 |
|---|
| 584 | + | (b) If adverse action is taken by the home state against a nurse's multistate 30 |
|---|
| 585 | + | license, the nurse's multistate licensure privilege to practice in all other party states 31 33-LS0447\S |
|---|
| 586 | + | HB 149 -18- HB0149a |
|---|
| 590 | | - | the costs of investigations and disposition of cases resulting from any adverse action 1 |
|---|
| 591 | | - | taken against that nurse. 2 |
|---|
| 592 | | - | (7) Take adverse action based on the factual findings of the remote 3 |
|---|
| 593 | | - | state, provided that the licensing board follows its own procedures for taking such 4 |
|---|
| 594 | | - | adverse action. 5 |
|---|
| 595 | | - | (b) If adverse action is taken by the home state against a nurse's multistate 6 |
|---|
| 596 | | - | license, the nurse's multistate licensure privilege to practice in all other party states 7 |
|---|
| 597 | | - | shall be deactivated until all encumbrances have been removed from the multistate 8 |
|---|
| 598 | | - | license. All home state disciplinary orders that impose adverse action against a nurse's 9 |
|---|
| 599 | | - | multistate license shall include a statement that the nurse's multistate licensure 10 |
|---|
| 600 | | - | privilege is deactivated in all party states during the pendency of the order. Nothing in 11 |
|---|
| 601 | | - | this Compact shall override a party state's decision that participation in an alternative 12 |
|---|
| 602 | | - | program may be used in lieu of adverse action. The home state licensing board shall 13 |
|---|
| 603 | | - | deactivate the multistate licensure privilege under the multistate license of any nurse 14 |
|---|
| 604 | | - | for the duration of the nurse's participation in an alternative program. 15 |
|---|
| 605 | | - | ARTICLE VI 16 |
|---|
| 606 | | - | Coordinated Licensure Information System and Exchange of Information 17 |
|---|
| 607 | | - | (a) All party states shall participate in a coordinated licensure information 18 |
|---|
| 608 | | - | system of all licensed registered nurses (RNs) and licensed practical/vocational nurses 19 |
|---|
| 609 | | - | (LPNs/VNs). This system will include information on the licensure and disciplinary 20 |
|---|
| 610 | | - | history of each nurse, as submitted by party states, to assist in the coordination of 21 |
|---|
| 611 | | - | nurse licensure and enforcement efforts. 22 |
|---|
| 612 | | - | (b) The Commission, in consultation with the administrator of the coordinated 23 |
|---|
| 613 | | - | licensure information system, shall formulate necessary and proper procedures for the 24 |
|---|
| 614 | | - | identification, collection and exchange of information under this Compact. 25 |
|---|
| 615 | | - | (c) All licensing boards shall promptly report to the coordinated licensure 26 |
|---|
| 616 | | - | information system any adverse action, any current significant investigative 27 |
|---|
| 617 | | - | information, denials of applications (with the reasons for such denials) and nurse 28 |
|---|
| 618 | | - | participation in alternative programs known to the licensing board regardless of 29 |
|---|
| 619 | | - | whether such participation is deemed nonpublic or confidential under state law. 30 |
|---|
| 620 | | - | (d) Current significant investigative information and particip |
|---|
| 621 | | - | ation in nonpublic 31 33-LS0447\D |
|---|
| 622 | | - | HB0149b -19- CSHB 149(L&C) |
|---|
| 589 | + | shall be deactivated until all encumbrances have been removed from the multistate 1 |
|---|
| 590 | + | license. All home state disciplinary orders that impose adverse action against a nurse's 2 |
|---|
| 591 | + | multistate license shall include a statement that the nurse's multistate licensure 3 |
|---|
| 592 | + | privilege is deactivated in all party states during the pendency of the order. Nothing in 4 |
|---|
| 593 | + | this Compact shall override a party state's decision that participation in an alternative 5 |
|---|
| 594 | + | program may be used in lieu of adverse action. The home state licensing board shall 6 |
|---|
| 595 | + | deactivate the multistate licensure privilege under the multistate license of any nurse 7 |
|---|
| 596 | + | for the duration of the nurse's participation in an alternative program. 8 |
|---|
| 597 | + | ARTICLE VI 9 |
|---|
| 598 | + | Coordinated Licensure Information System and Exchange of Information 10 |
|---|
| 599 | + | (a) All party states shall participate in a coordinated licensure information 11 |
|---|
| 600 | + | system of all licensed registered nurses (RNs) and licensed practical/vocational nurses 12 |
|---|
| 601 | + | (LPNs/VNs). This system will include information on the licensure and disciplinary 13 |
|---|
| 602 | + | history of each nurse, as submitted by party states, to assist in the coordination of 14 |
|---|
| 603 | + | nurse licensure and enforcement efforts. 15 |
|---|
| 604 | + | (b) The Commission, in consultation with the administrator of the coordinated 16 |
|---|
| 605 | + | licensure information system, shall formulate necessary and proper procedures for the 17 |
|---|
| 606 | + | identification, collection and exchange of information under this Compact. 18 |
|---|
| 607 | + | (c) All licensing boards shall promptly report to the coordinated licensure 19 |
|---|
| 608 | + | information system any adverse action, any current significant investigative 20 |
|---|
| 609 | + | information, denials of applications (with the reasons for such denials) and nurse 21 |
|---|
| 610 | + | participation in alternative programs known to the licensing board regardless of 22 |
|---|
| 611 | + | whether such participation is deemed nonpublic or confidential under state law. 23 |
|---|
| 612 | + | (d) Current significant investigative information and participation in nonpublic 24 |
|---|
| 613 | + | or confidential alternative programs shall be transmitted through the coordinated 25 |
|---|
| 614 | + | licensure information system only to party state licensing boards. 26 |
|---|
| 615 | + | (e) Notwithstanding any other provision of law, all party state licensing boards 27 |
|---|
| 616 | + | contributing information to the coordinated licensure information system may 28 |
|---|
| 617 | + | designate information that may not be shared with non-party sta |
|---|
| 618 | + | tes or disclosed to 29 |
|---|
| 619 | + | other entities or individuals without the express permission of the contributing state. 30 |
|---|
| 620 | + | (f) Any personally identifiable information obtained from the coordinated 31 33-LS0447\S |
|---|
| 621 | + | HB0149a -19- HB 149 |
|---|
| 625 | | - | or confidential alternative programs shall be transmitted through the coordinated 1 |
|---|
| 626 | | - | licensure information system only to party state licensing boards. 2 |
|---|
| 627 | | - | (e) Notwithstanding any other provision of law, all party state licensing boards 3 |
|---|
| 628 | | - | contributing information to the coordinated licensure information system may 4 |
|---|
| 629 | | - | designate information that may not be shared with non-party states or disclosed to 5 |
|---|
| 630 | | - | other entities or individuals without the express permission of the contributing state. 6 |
|---|
| 631 | | - | (f) Any personally identifiable information obtained from the coordinated 7 |
|---|
| 632 | | - | licensure information system by a party state licensing board shall not be shared with 8 |
|---|
| 633 | | - | non-party states or disclosed to other entities or individuals except to the extent 9 |
|---|
| 634 | | - | permitted by the laws of the party state contributing the information. 10 |
|---|
| 635 | | - | (g) Any information contributed to the coordinated licensure information 11 |
|---|
| 636 | | - | system that is subsequently required to be expunged by the laws of the party state 12 |
|---|
| 637 | | - | contributing that information shall also be expunged from the coordinated licensure 13 |
|---|
| 638 | | - | information system. 14 |
|---|
| 639 | | - | (h) The Compact administrator of each party state shall furnish a uniform data 15 |
|---|
| 640 | | - | set to the Compact administrator of each other party state, which shall include, at a 16 |
|---|
| 641 | | - | minimum: 17 |
|---|
| 642 | | - | (1) Identifying information; 18 |
|---|
| 643 | | - | (2) Licensure data; 19 |
|---|
| 644 | | - | (3) Information related to alternative program participation; and 20 |
|---|
| 645 | | - | (4) Other information that may facilitate the administration of this 21 |
|---|
| 646 | | - | Compact, as determined by Commission rules. 22 |
|---|
| 647 | | - | (i) The Compact administrator of a party state shall provide all investigative 23 |
|---|
| 648 | | - | documents and information requested by another party state. 24 |
|---|
| 649 | | - | ARTICLE VII 25 |
|---|
| 650 | | - | Establishment of the Interstate Commission of Nurse Licensure Compact Administrators 26 |
|---|
| 651 | | - | (a) The party states hereby create and establish a joint public entity known as 27 |
|---|
| 652 | | - | the Interstate Commission of Nurse Licensure Compact Administrators. 28 |
|---|
| 653 | | - | (1) The Commission is an instrumentality of the party states. 29 |
|---|
| 654 | | - | (2) Venue is proper, and judicial proceedings by or against the 30 |
|---|
| 655 | | - | Commission shall be brought solely and exclusively, in a court of competent 31 33-LS0447\D |
|---|
| 656 | | - | CSHB 149(L&C) -20- HB0149b |
|---|
| 624 | + | licensure information system by a party state licensing board shall not be shared with 1 |
|---|
| 625 | + | non-party states or disclosed to other entities or individuals except to the extent 2 |
|---|
| 626 | + | permitted by the laws of the party state contributing the information. 3 |
|---|
| 627 | + | (g) Any information contributed to the coordinated licensure information 4 |
|---|
| 628 | + | system that is subsequently required to be expunged by the laws of the party state 5 |
|---|
| 629 | + | contributing that information shall also be expunged from the coordinated licensure 6 |
|---|
| 630 | + | information system. 7 |
|---|
| 631 | + | (h) The Compact administrator of each party state shall furnish a uniform data 8 |
|---|
| 632 | + | set to the Compact administrator of each other party state, which shall include, at a 9 |
|---|
| 633 | + | minimum: 10 |
|---|
| 634 | + | (1) Identifying information; 11 |
|---|
| 635 | + | (2) Licensure data; 12 |
|---|
| 636 | + | (3) Information related to alternative program participation; and 13 |
|---|
| 637 | + | (4) Other information that may facilitate the administration of this 14 |
|---|
| 638 | + | Compact, as determined by Commission rules. 15 |
|---|
| 639 | + | (i) The Compact administrator of a party state shall provide all investigative 16 |
|---|
| 640 | + | documents and information requested by another party state. 17 |
|---|
| 641 | + | ARTICLE VII 18 |
|---|
| 642 | + | Establishment of the Interstate Commission of Nurse Licensure Compact Administrators 19 |
|---|
| 643 | + | (a) The party states hereby create and establish a joint public entity known as 20 |
|---|
| 644 | + | the Interstate Commission of Nurse Licensure Compact Administrators. 21 |
|---|
| 645 | + | (1) The Commission is an instrumentality of the party states. 22 |
|---|
| 646 | + | (2) Venue is proper, and judicial proceedings by or against the 23 |
|---|
| 647 | + | Commission shall be brought solely and exclusively, in a court of competent 24 |
|---|
| 648 | + | jurisdiction where the principal office of the Commission is located. The Commission 25 |
|---|
| 649 | + | may waive venue and jurisdictional defenses to the extent it adopts or consents to 26 |
|---|
| 650 | + | participate in alternative dispute resolution proceedings. 27 |
|---|
| 651 | + | (3) Nothing in this Compact shall be construed to be a waiver of 28 |
|---|
| 652 | + | sovereign immunity. 29 |
|---|
| 653 | + | (b) Membership, Voting and Meetings 30 |
|---|
| 654 | + | (1) Each party state shall have and be limited to one administrator. The 31 33-LS0447\S |
|---|
| 655 | + | HB 149 -20- HB0149a |
|---|
| 659 | | - | jurisdiction where the principal office of the Commission is located. The Commission 1 |
|---|
| 660 | | - | may waive venue and jurisdictional defenses to the extent it adopts or consents to 2 |
|---|
| 661 | | - | participate in alternative dispute resolution proceedings. 3 |
|---|
| 662 | | - | (3) Nothing in this Compact shall be construed to be a waiver of 4 |
|---|
| 663 | | - | sovereign immunity. 5 |
|---|
| 664 | | - | (b) Membership, Voting and Meetings 6 |
|---|
| 665 | | - | (1) Each party state shall have and be limited to one administrator. The 7 |
|---|
| 666 | | - | head of the state licensing board or designee shall be the administrator of this Compact 8 |
|---|
| 667 | | - | for each party state. Any administrator may be removed or suspended from office as 9 |
|---|
| 668 | | - | provided by the law of the state from which the Administrator is appointed. Any 10 |
|---|
| 669 | | - | vacancy occurring in the Commission shall be filled in accordance with the laws of the 11 |
|---|
| 670 | | - | party state in which the vacancy exists. 12 |
|---|
| 671 | | - | (2) Each administrator shall be entitled to one (1) vote with regard to 13 |
|---|
| 672 | | - | the promulgation of rules and creation of bylaws and shall otherwise have an 14 |
|---|
| 673 | | - | opportunity to participate in the business and affairs of the Commission. An 15 |
|---|
| 674 | | - | administrator shall vote in person or by such other means as provided in the bylaws. 16 |
|---|
| 675 | | - | The bylaws may provide for an administrator's participation in meetings by telephone 17 |
|---|
| 676 | | - | or other means of communication. 18 |
|---|
| 677 | | - | (3) The Commission shall meet at least once during each calendar 19 |
|---|
| 678 | | - | year. Additional meetings shall be held as set forth in the bylaws or rules of the 20 |
|---|
| 679 | | - | commission. 21 |
|---|
| 680 | | - | (4) All meetings shall be open to the public, and public notice of 22 |
|---|
| 681 | | - | meetings shall be given in the same manner as required under the rulemaking 23 |
|---|
| 682 | | - | provisions in Article VIII. 24 |
|---|
| 683 | | - | (5) The Commission may convene in a closed, nonpublic meeting if 25 |
|---|
| 684 | | - | the Commission must discuss: 26 |
|---|
| 685 | | - | (A) Noncompliance of a party state with its obligations under 27 |
|---|
| 686 | | - | this Compact; 28 |
|---|
| 687 | | - | (B) The employment, compensation, discipline or other 29 |
|---|
| 688 | | - | personnel matters, practices or procedures related to specific employees or 30 |
|---|
| 689 | | - | other matters related to the Commission's internal personnel practices and 31 33-LS0447\D |
|---|
| 690 | | - | HB0149b -21- CSHB 149(L&C) |
|---|
| 658 | + | head of the state licensing board or designee shall be the administrator of this Compact 1 |
|---|
| 659 | + | for each party state. Any administrator may be removed or suspended from office as 2 |
|---|
| 660 | + | provided by the law of the state from which the Administrator is appointed. Any 3 |
|---|
| 661 | + | vacancy occurring in the Commission shall be filled in accordance with the laws of the 4 |
|---|
| 662 | + | party state in which the vacancy exists. 5 |
|---|
| 663 | + | (2) Each administrator shall be entitled to one (1) vote with regard to 6 |
|---|
| 664 | + | the promulgation of rules and creation of bylaws and shall otherwise have an 7 |
|---|
| 665 | + | opportunity to participate in the business and affairs of the Commission. An 8 |
|---|
| 666 | + | administrator shall vote in person or by such other means as provided in the bylaws. 9 |
|---|
| 667 | + | The bylaws may provide for an administrator's participation in meetings by telephone 10 |
|---|
| 668 | + | or other means of communication. 11 |
|---|
| 669 | + | (3) The Commission shall meet at least once during each calendar 12 |
|---|
| 670 | + | year. Additional meetings shall be held as set forth in the bylaws or rules of the 13 |
|---|
| 671 | + | commission. 14 |
|---|
| 672 | + | (4) All meetings shall be open to the public, and public notice of 15 |
|---|
| 673 | + | meetings shall be given in the same manner as required under the rulemaking 16 |
|---|
| 674 | + | provisions in Article VIII. 17 |
|---|
| 675 | + | (5) The Commission may convene in a closed, nonpublic meeting if 18 |
|---|
| 676 | + | the Commission must discuss: 19 |
|---|
| 677 | + | (A) Noncompliance of a party state with its obligations under 20 |
|---|
| 678 | + | this Compact; 21 |
|---|
| 679 | + | (B) The employment, compensation, discipline or other 22 |
|---|
| 680 | + | personnel matters, practices or procedures related to specific employees or 23 |
|---|
| 681 | + | other matters related to the Commission's internal personnel practices and 24 |
|---|
| 682 | + | procedures; 25 |
|---|
| 683 | + | (C) Current, threatened or reasonably anticipated litigation; 26 |
|---|
| 684 | + | (D) Negotiation of contracts for the purchase or sale of goods, 27 |
|---|
| 685 | + | services or real estate; 28 |
|---|
| 686 | + | (E) Accusing any person of a crime or formally censuring any 29 |
|---|
| 687 | + | person; 30 |
|---|
| 688 | + | (F) Disclosure of trade secrets or commercial or financial 31 33-LS0447\S |
|---|
| 689 | + | HB0149a -21- HB 149 |
|---|
| 693 | | - | procedures; 1 |
|---|
| 694 | | - | (C) Current, threatened or reasonably anticipated litigation; 2 |
|---|
| 695 | | - | (D) Negotiation of contracts for the purchase or sale of goods, 3 |
|---|
| 696 | | - | services or real estate; 4 |
|---|
| 697 | | - | (E) Accusing any person of a crime or formally censuring any 5 |
|---|
| 698 | | - | person; 6 |
|---|
| 699 | | - | (F) Disclosure of trade secrets or commercial or financial 7 |
|---|
| 700 | | - | information that is privileged or confidential; 8 |
|---|
| 701 | | - | (G) Disclosure of information of a personal nature where 9 |
|---|
| 702 | | - | disclosure would constitute a clearly unwarranted invasion of personal privacy; 10 |
|---|
| 703 | | - | (H) Disclosure of investigatory records compiled for law 11 |
|---|
| 704 | | - | enforcement purposes; 12 |
|---|
| 705 | | - | (I) Disclosure of information related to any reports prepared by 13 |
|---|
| 706 | | - | or on behalf of the Commission for the purpose of investigation of compliance 14 |
|---|
| 707 | | - | with this Compact; or 15 |
|---|
| 708 | | - | (J) Matters specifically exempted from disclosure by federal or 16 |
|---|
| 709 | | - | state statute. 17 |
|---|
| 710 | | - | (6) If a meeting, or portion of a meeting, is closed pursuant to this 18 |
|---|
| 711 | | - | provision, the Commission's legal counsel or designee shall certify that the meeting 19 |
|---|
| 712 | | - | may be closed and shall reference each relevant exempting provision. The 20 |
|---|
| 713 | | - | Commission shall keep minutes that fully and clearly describe all matters discussed in 21 |
|---|
| 714 | | - | a meeting and shall provide a full and accurate summary of actions taken, and the 22 |
|---|
| 715 | | - | reasons therefor, including a description of the views expressed. All documents 23 |
|---|
| 716 | | - | considered in connection with an action shall be identified in such minutes. All 24 |
|---|
| 717 | | - | minutes and documents of a closed meeting shall remain under seal, subject to release 25 |
|---|
| 718 | | - | by a majority vote of the Commission or order of a court of competent jurisdiction. 26 |
|---|
| 719 | | - | (c) The Commission shall, by a majority vote of the administrators, prescribe 27 |
|---|
| 720 | | - | bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 28 |
|---|
| 721 | | - | the purposes and exercise the powers of this Compact, including but not limited to: 29 |
|---|
| 722 | | - | (1) Establishing the fiscal year of the Commission; 30 |
|---|
| 723 | | - | (2) Providing reasonable standards and procedures: 31 33-LS0447\D |
|---|
| 724 | | - | CSHB 149(L&C) -22- HB0149b |
|---|
| 692 | + | information that is privileged or confidential; 1 |
|---|
| 693 | + | (G) Disclosure of information of a personal nature where 2 |
|---|
| 694 | + | disclosure would constitute a clearly unwarranted invasion of personal privacy; 3 |
|---|
| 695 | + | (H) Disclosure of investigatory records compiled for law 4 |
|---|
| 696 | + | enforcement purposes; 5 |
|---|
| 697 | + | (I) Disclosure of information related to any reports prepared by 6 |
|---|
| 698 | + | or on behalf of the Commission for the purpose of investigation of compliance 7 |
|---|
| 699 | + | with this Compact; or 8 |
|---|
| 700 | + | (J) Matters specifically exempted from disclosure by federal or 9 |
|---|
| 701 | + | state statute. 10 |
|---|
| 702 | + | (6) If a meeting, or portion of a meeting, is closed pursuant to this 11 |
|---|
| 703 | + | provision, the Commission's legal counsel or designee shall certify that the meeting 12 |
|---|
| 704 | + | may be closed and shall reference each relevant exempting provision. The 13 |
|---|
| 705 | + | Commission shall keep minutes that fully and clearly describe all matters discussed in 14 |
|---|
| 706 | + | a meeting and shall provide a full and accurate summary of actions taken, and the 15 |
|---|
| 707 | + | reasons therefor, including a description of the views expressed. All documents 16 |
|---|
| 708 | + | considered in connection with an action shall be identified in such minutes. All 17 |
|---|
| 709 | + | minutes and documents of a closed meeting shall remain under seal, subject to release 18 |
|---|
| 710 | + | by a majority vote of the Commission or order of a court of competent jurisdiction. 19 |
|---|
| 711 | + | (c) The Commission shall, by a majority vote of the administrators, prescribe 20 |
|---|
| 712 | + | bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 21 |
|---|
| 713 | + | the purposes and exercise the powers of this Compact, including but not limited to: 22 |
|---|
| 714 | + | (1) Establishing the fiscal year of the Commission; 23 |
|---|
| 715 | + | (2) Providing reasonable standards and procedures: 24 |
|---|
| 716 | + | (A) For the establishment and meetings of other committees; 25 |
|---|
| 717 | + | and 26 |
|---|
| 718 | + | (B) Governing any general or specific delegation of any 27 |
|---|
| 719 | + | authority or function of the Commission; 28 |
|---|
| 720 | + | (3) Providing reasonable procedures for calling and conducting 29 |
|---|
| 721 | + | meetings of the Commission, ensuring reasonable advance notice of all meetings and 30 |
|---|
| 722 | + | providing an opportunity for attendance of such meetings by interested parties, with 31 33-LS0447\S |
|---|
| 723 | + | HB 149 -22- HB0149a |
|---|
| 727 | | - | (A) For the establishment and meetings of other committees; 1 |
|---|
| 728 | | - | and 2 |
|---|
| 729 | | - | (B) Governing any general or specific delegation of any 3 |
|---|
| 730 | | - | authority or function of the Commission; 4 |
|---|
| 731 | | - | (3) Providing reasonable procedures for calling and conducting 5 |
|---|
| 732 | | - | meetings of the Commission, ensuring reasonable advance notice of all meetings and 6 |
|---|
| 733 | | - | providing an opportunity for attendance of such meetings by interested parties, with 7 |
|---|
| 734 | | - | enumerated exceptions designed to protect the public's interest, the privacy of 8 |
|---|
| 735 | | - | individuals, and proprietary information, including trade secrets. The Commission 9 |
|---|
| 736 | | - | may meet in closed session only after a majority of the administrators vote to close a 10 |
|---|
| 737 | | - | meeting in whole or in part. As soon as practicable, the Commission must make public 11 |
|---|
| 738 | | - | a copy of the vote to close the meeting revealing the vote of each administrator, with 12 |
|---|
| 739 | | - | no proxy votes allowed; 13 |
|---|
| 740 | | - | (4) Establishing the titles, duties and authority and reasonable 14 |
|---|
| 741 | | - | procedures for the election of the officers of the Commission; 15 |
|---|
| 742 | | - | (5) Providing reasonable standards and procedures for the 16 |
|---|
| 743 | | - | establishment of the personnel policies and programs of the Commission. 17 |
|---|
| 744 | | - | Notwithstanding any civil service or other similar laws of any party state, the bylaws 18 |
|---|
| 745 | | - | shall exclusively govern the personnel policies and programs of the Commission; and 19 |
|---|
| 746 | | - | (6) Providing a mechanism for winding up the operations of the 20 |
|---|
| 747 | | - | Commission and the equitable disposition of any surplus funds that may exist after the 21 |
|---|
| 748 | | - | termination of this Compact after the payment or reserving of all of its debts and 22 |
|---|
| 749 | | - | obligations; 23 |
|---|
| 750 | | - | (d) The Commission shall publish its bylaws and rules, and any amendments 24 |
|---|
| 751 | | - | thereto, in a convenient form on the website of the Commission. 25 |
|---|
| 752 | | - | (e) The Commission shall maintain its financial records in accordance with the 26 |
|---|
| 753 | | - | bylaws. 27 |
|---|
| 754 | | - | (f) The Commission shall meet and take such actions as are consistent with the 28 |
|---|
| 755 | | - | provisions of this Compact and the bylaws. 29 |
|---|
| 756 | | - | (g) The Commission shall have the following powers: 30 |
|---|
| 757 | | - | (1) To promulgate uniform rules to facilitate and coordinate 31 33-LS0447\D |
|---|
| 758 | | - | HB0149b -23- CSHB 149(L&C) |
|---|
| 726 | + | enumerated exceptions designed to protect the public's interest, the privacy of 1 |
|---|
| 727 | + | individuals, and proprietary information, including trade secrets. The Commission 2 |
|---|
| 728 | + | may meet in closed session only after a majority of the administrators vote to close a 3 |
|---|
| 729 | + | meeting in whole or in part. As soon as practicable, the Commission must make public 4 |
|---|
| 730 | + | a copy of the vote to close the meeting revealing the vote of each administrator, with 5 |
|---|
| 731 | + | no proxy votes allowed; 6 |
|---|
| 732 | + | (4) Establishing the titles, duties and authority and reasonable 7 |
|---|
| 733 | + | procedures for the election of the officers of the Commission; 8 |
|---|
| 734 | + | (5) Providing reasonable standards and procedures for the 9 |
|---|
| 735 | + | establishment of the personnel policies and programs of the Commission. 10 |
|---|
| 736 | + | Notwithstanding any civil service or other similar laws of any party state, the bylaws 11 |
|---|
| 737 | + | shall exclusively govern the personnel policies and programs of the Commission; and 12 |
|---|
| 738 | + | (6) Providing a mechanism for winding up the operations of the 13 |
|---|
| 739 | + | Commission and the equitable disposition of any surplus funds that may exist after the 14 |
|---|
| 740 | + | termination of this Compact after the payment or reserving of all of its debts and 15 |
|---|
| 741 | + | obligations; 16 |
|---|
| 742 | + | (d) The Commission shall publish its bylaws and rules, and any amendments 17 |
|---|
| 743 | + | thereto, in a convenient form on the website of the Commission. 18 |
|---|
| 744 | + | (e) The Commission shall maintain its financial records in accordance with the 19 |
|---|
| 745 | + | bylaws. 20 |
|---|
| 746 | + | (f) The Commission shall meet and take such actions as are consistent with the 21 |
|---|
| 747 | + | provisions of this Compact and the bylaws. 22 |
|---|
| 748 | + | (g) The Commission shall have the following powers: 23 |
|---|
| 749 | + | (1) To promulgate uniform rules to facilitate and coordinate 24 |
|---|
| 750 | + | implementation and administration of this Compact. The rules shall have the force and 25 |
|---|
| 751 | + | effect of law and shall be binding in all party states; 26 |
|---|
| 752 | + | (2) To bring and prosecute legal proceedings or actions in the name of 27 |
|---|
| 753 | + | the Commission, provided that the standing of any licensing board to sue or be sued 28 |
|---|
| 754 | + | under applicable law shall not be affected; 29 |
|---|
| 755 | + | (3) To purchase and maintain insurance and bonds; 30 |
|---|
| 756 | + | (4) To borrow, accept or contract for services of personnel, including, 31 33-LS0447\S |
|---|
| 757 | + | HB0149a -23- HB 149 |
|---|
| 761 | | - | implementation and administration of this Compact. The rules shall have the force and 1 |
|---|
| 762 | | - | effect of law and shall be binding in all party states; 2 |
|---|
| 763 | | - | (2) To bring and prosecute legal proceedings or actions in the name of 3 |
|---|
| 764 | | - | the Commission, provided that the standing of any licensing board to sue or be sued 4 |
|---|
| 765 | | - | under applicable law shall not be affected; 5 |
|---|
| 766 | | - | (3) To purchase and maintain insurance and bonds; 6 |
|---|
| 767 | | - | (4) To borrow, accept or contract for services of personnel, including, 7 |
|---|
| 768 | | - | but not limited to, employees of a party state or nonprofit organizations; 8 |
|---|
| 769 | | - | (5) To cooperate with other organizations that administer state 9 |
|---|
| 770 | | - | compacts related to the regulation of nursing, including but not limited to sharing 10 |
|---|
| 771 | | - | administrative or staff expenses, office space or other resources; 11 |
|---|
| 772 | | - | (6) To hire employees, elect or appoint officers, fix compensation, 12 |
|---|
| 773 | | - | define duties, grant such individuals appropriate authority to carry out the purposes of 13 |
|---|
| 774 | | - | this Compact, and to establish the Commission's personnel policies and programs 14 |
|---|
| 775 | | - | relating to conflicts of interest, qualifications of personnel and other related personnel 15 |
|---|
| 776 | | - | matters; 16 |
|---|
| 777 | | - | (7) To accept any and all appropriate donations, grants and gifts of 17 |
|---|
| 778 | | - | money, equipment, supplies, materials and services, and to receive, utilize and dispose 18 |
|---|
| 779 | | - | of the same; provided that at all times the Commission shall avoid any appearance of 19 |
|---|
| 780 | | - | impropriety or conflict of interest; 20 |
|---|
| 781 | | - | (8) To lease, purchase, accept appropriate gifts or donations of, or 21 |
|---|
| 782 | | - | otherwise to own, hold, improve or use, any property, whether real, personal or mixed; 22 |
|---|
| 783 | | - | provided that at all times the Commission shall avoid any appearance of impropriety; 23 |
|---|
| 784 | | - | (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or 24 |
|---|
| 785 | | - | otherwise dispose of any property, whether real, personal or mixed; 25 |
|---|
| 786 | | - | (10) To establish a budget and make expenditures; 26 |
|---|
| 787 | | - | (11) To borrow money; 27 |
|---|
| 788 | | - | (12) To appoint committees, including advisory committees comprised 28 |
|---|
| 789 | | - | of administrators, state nursing regulators, state legislators or their representatives, and 29 |
|---|
| 790 | | - | consumer representatives, and other such interested persons; 30 |
|---|
| 791 | | - | (13) To provide and receive information from, and to cooperate with, |
|---|
| 792 | | - | 31 33-LS0447\D |
|---|
| 793 | | - | CSHB 149(L&C) -24- HB0149b |
|---|
| 760 | + | but not limited to, employees of a party state or nonprofit organizations; 1 |
|---|
| 761 | + | (5) To cooperate with other organizations that administer state 2 |
|---|
| 762 | + | compacts related to the regulation of nursing, including but not limited to sharing 3 |
|---|
| 763 | + | administrative or staff expenses, office space or other resources; 4 |
|---|
| 764 | + | (6) To hire employees, elect or appoint officers, fix compensation, 5 |
|---|
| 765 | + | define duties, grant such individuals appropriate authority to carry out the purposes of 6 |
|---|
| 766 | + | this Compact, and to establish the Commission's personnel policies and programs 7 |
|---|
| 767 | + | relating to conflicts of interest, qualifications of personnel and other related personnel 8 |
|---|
| 768 | + | matters; 9 |
|---|
| 769 | + | (7) To accept any and all appropriate donations, grants and gifts of 10 |
|---|
| 770 | + | money, equipment, supplies, materials and services, and to receive, utilize and dispose 11 |
|---|
| 771 | + | of the same; provided that at all times the Commission shall avoid any appearance of 12 |
|---|
| 772 | + | impropriety or conflict of interest; 13 |
|---|
| 773 | + | (8) To lease, purchase, accept appropriate gifts or donations of, or 14 |
|---|
| 774 | + | otherwise to own, hold, improve or use, any property, whether real, personal or mixed; 15 |
|---|
| 775 | + | provided that at all times the Commission shall avoid any appearance of impropriety; 16 |
|---|
| 776 | + | (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or 17 |
|---|
| 777 | + | otherwise dispose of any property, whether real, personal or mixed; 18 |
|---|
| 778 | + | (10) To establish a budget and make expenditures; 19 |
|---|
| 779 | + | (11) To borrow money; 20 |
|---|
| 780 | + | (12) To appoint committees, including advisory committees comprised 21 |
|---|
| 781 | + | of administrators, state nursing regulators, state legislators or their representatives, and 22 |
|---|
| 782 | + | consumer representatives, and other such interested persons; 23 |
|---|
| 783 | + | (13) To provide and receive information from, and to cooperate with, 24 |
|---|
| 784 | + | law enforcement agencies; 25 |
|---|
| 785 | + | (14) To adopt and use an official seal; and 26 |
|---|
| 786 | + | (15) To perform such other functions as may be necessary or 27 |
|---|
| 787 | + | appropriate to achieve the purposes of this Compact consistent with the state 28 |
|---|
| 788 | + | regulation of nurse licensure and practice. 29 |
|---|
| 789 | + | (h) Financing of the Commission 30 |
|---|
| 790 | + | (1) The Commission shall pay, or provide for the payment of, the 31 33-LS0447\S |
|---|
| 791 | + | HB 149 -24- HB0149a |
|---|
| 796 | | - | law enforcement agencies; 1 |
|---|
| 797 | | - | (14) To adopt and use an official seal; and 2 |
|---|
| 798 | | - | (15) To perform such other functions as may be necessary or 3 |
|---|
| 799 | | - | appropriate to achieve the purposes of this Compact consistent with the state 4 |
|---|
| 800 | | - | regulation of nurse licensure and practice. 5 |
|---|
| 801 | | - | (h) Financing of the Commission 6 |
|---|
| 802 | | - | (1) The Commission shall pay, or provide for the payment of, the 7 |
|---|
| 803 | | - | reasonable expenses of its establishment, organization and ongoing activities. 8 |
|---|
| 804 | | - | (2) The Commission may also levy on and collect an annual 9 |
|---|
| 805 | | - | assessment from each party state to cover the cost of its operations, activities and staff 10 |
|---|
| 806 | | - | in its annual budget as approved each year. The aggregate annual assessment amount, 11 |
|---|
| 807 | | - | if any, shall be allocated based upon a formula to be determined by the Commission, 12 |
|---|
| 808 | | - | which shall promulgate a rule that is binding upon all party states. 13 |
|---|
| 809 | | - | (3) The Commission shall not incur obligations of any kind prior to 14 |
|---|
| 810 | | - | securing the funds adequate to meet the same; nor shall the Commission pledge the 15 |
|---|
| 811 | | - | credit of any of the party states, except by, and with the authority of, such party state. 16 |
|---|
| 812 | | - | (4) The Commission shall keep accurate accounts of all receipts and 17 |
|---|
| 813 | | - | disbursements. The receipts and disbursements of the Commission shall be subject to 18 |
|---|
| 814 | | - | the audit and accounting procedures established under its bylaws. However, all 19 |
|---|
| 815 | | - | receipts and disbursements of funds handled by the Commission shall be audited 20 |
|---|
| 816 | | - | yearly by a certified or licensed public accountant, and the report of the audit shall be 21 |
|---|
| 817 | | - | included in and become part of the annual report of the Commission. 22 |
|---|
| 818 | | - | (i) Qualified Immunity, Defense and Indemnification 23 |
|---|
| 819 | | - | (1) The administrators, officers, executive director, employees and 24 |
|---|
| 820 | | - | representatives of the Commission shall be immune from suit and liability, either 25 |
|---|
| 821 | | - | personally or in their official capacity, for any claim for damage to or loss of property 26 |
|---|
| 822 | | - | or personal injury or other civil liability caused by or arising out of any actual or 27 |
|---|
| 823 | | - | alleged act, error or omission that occurred, or that the person against whom the claim 28 |
|---|
| 824 | | - | is made had a reasonable basis for believing occurred, within the scope of 29 |
|---|
| 825 | | - | Commission employment, duties or responsibilities; provided that nothing in this 30 |
|---|
| 826 | | - | paragraph shall be construed to protect any such person from suit or liability for any 31 33-LS0447\D |
|---|
| 827 | | - | HB0149b -25- CSHB 149(L&C) |
|---|
| 794 | + | reasonable expenses of its establishment, organization and ongoing activities. 1 |
|---|
| 795 | + | (2) The Commission may also levy on and collect an annual 2 |
|---|
| 796 | + | assessment from each party state to cover the cost of its operations, activities and staff 3 |
|---|
| 797 | + | in its annual budget as approved each year. The aggregate annual assessment amount, 4 |
|---|
| 798 | + | if any, shall be allocated based upon a formula to be determined by the Commission, 5 |
|---|
| 799 | + | which shall promulgate a rule that is binding upon all party states. 6 |
|---|
| 800 | + | (3) The Commission shall not incur obligations of any kind prior to 7 |
|---|
| 801 | + | securing the funds adequate to meet the same; nor shall the Commission pledge the 8 |
|---|
| 802 | + | credit of any of the party states, except by, and with the authority of, such party state. 9 |
|---|
| 803 | + | (4) The Commission shall keep accurate accounts of all receipts and 10 |
|---|
| 804 | + | disbursements. The receipts and disbursements of the Commission shall be subject to 11 |
|---|
| 805 | + | the audit and accounting procedures established under its bylaws. However, all 12 |
|---|
| 806 | + | receipts and disbursements of funds handled by the Commission shall be audited 13 |
|---|
| 807 | + | yearly by a certified or licensed public accountant, and the report of the audit shall be 14 |
|---|
| 808 | + | included in and become part of the annual report of the Commission. 15 |
|---|
| 809 | + | (i) Qualified Immunity, Defense and Indemnification 16 |
|---|
| 810 | + | (1) The administrators, officers, executive director, employees and 17 |
|---|
| 811 | + | representatives of the Commission shall be immune from suit and liability, either 18 |
|---|
| 812 | + | personally or in their official capacity, for any claim for damage to or loss of property 19 |
|---|
| 813 | + | or personal injury or other civil liability caused by or arising out of any actual or 20 |
|---|
| 814 | + | alleged act, error or omission that occurred, or that the person against whom the claim 21 |
|---|
| 815 | + | is made had a reasonable basis for believing occurred, within the scope of 22 |
|---|
| 816 | + | Commission employment, duties or responsibilities; provided that nothing in this 23 |
|---|
| 817 | + | paragraph shall be construed to protect any such person from suit or liability for any 24 |
|---|
| 818 | + | damage, loss, injury or liability caused by the intentional, willful or wanton 25 |
|---|
| 819 | + | misconduct of that person. 26 |
|---|
| 820 | + | (2) The Commission shall defend any administrator, officer, executive 27 |
|---|
| 821 | + | director, employee or representative of the Commission in any civil action seeking to 28 |
|---|
| 822 | + | impose liability arising out of any actual or alleged act, error or omission that occurred 29 |
|---|
| 823 | + | within the scope of Commission employment, duties or responsibilities, or that the 30 |
|---|
| 824 | + | person against whom the claim is made had a reasonable basis for believing occurred |
|---|
| 825 | + | 31 33-LS0447\S |
|---|
| 826 | + | HB0149a -25- HB 149 |
|---|
| 830 | | - | damage, loss, injury or liability caused by the intentional, willful or wanton 1 |
|---|
| 831 | | - | misconduct of that person. 2 |
|---|
| 832 | | - | (2) The Commission shall defend any administrator, officer, executive 3 |
|---|
| 833 | | - | director, employee or representative of the Commission in any civil action seeking to 4 |
|---|
| 834 | | - | impose liability arising out of any actual or alleged act, error or omission that occurred 5 |
|---|
| 835 | | - | within the scope of Commission employment, duties or responsibilities, or that the 6 |
|---|
| 836 | | - | person against whom the claim is made had a reasonable basis for believing occurred 7 |
|---|
| 837 | | - | within the scope of Commission employment, duties or responsibilities; provided that 8 |
|---|
| 838 | | - | nothing herein shall be construed to prohibit that person from retaining his or her own 9 |
|---|
| 839 | | - | counsel; and provided further that the actual or alleged act, error or omission did not 10 |
|---|
| 840 | | - | result from that person's intentional, willful or wanton misconduct. 11 |
|---|
| 841 | | - | (3) The Commission shall indemnify and hold harmless any 12 |
|---|
| 842 | | - | administrator, officer, executive director, employee or representative of the 13 |
|---|
| 843 | | - | Commission for the amount of any settlement or judgment obtained against that 14 |
|---|
| 844 | | - | person arising out of any actual or alleged act, error or omission that occurred within 15 |
|---|
| 845 | | - | the scope of Commission employment, duties or responsibilities, or that such person 16 |
|---|
| 846 | | - | had a reasonable basis for believing occurred within the scope of Commission 17 |
|---|
| 847 | | - | employment, duties or responsibilities, provided that the actual or alleged act, error or 18 |
|---|
| 848 | | - | omission did not result from the intentional, willful or wanton misconduct of that 19 |
|---|
| 849 | | - | person. 20 |
|---|
| 850 | | - | ARTICLE VIII 21 |
|---|
| 851 | | - | Rulemaking 22 |
|---|
| 852 | | - | (a) The Commission shall exercise its rulemaking powers pursuant to the 23 |
|---|
| 853 | | - | criteria set forth in this Article and the rules adopted thereunder. Rules and 24 |
|---|
| 854 | | - | amendments shall become binding as of the date specified in each rule or amendment 25 |
|---|
| 855 | | - | and shall have the same force and effect as provisions of this Compact. 26 |
|---|
| 856 | | - | (b) Rules or amendments to the rules shall be adopted at a regular or special 27 |
|---|
| 857 | | - | meeting of the Commission. 28 |
|---|
| 858 | | - | (c) Prior to promulgation and adoption of a final rule or rules by the 29 |
|---|
| 859 | | - | Commission, and at least sixty (60) days in advance of the meeting at which the rule 30 |
|---|
| 860 | | - | will be considered and voted upon, the Commission shall file a notice of proposed |
|---|
| 861 | | - | 31 33-LS0447\D |
|---|
| 862 | | - | CSHB 149(L&C) -26- HB0149b |
|---|
| 829 | + | within the scope of Commission employment, duties or responsibilities; provided that 1 |
|---|
| 830 | + | nothing herein shall be construed to prohibit that person from retaining his or her own 2 |
|---|
| 831 | + | counsel; and provided further that the actual or alleged act, error or omission did not 3 |
|---|
| 832 | + | result from that person's intentional, willful or wanton misconduct. 4 |
|---|
| 833 | + | (3) The Commission shall indemnify and hold harmless any 5 |
|---|
| 834 | + | administrator, officer, executive director, employee or representative of the 6 |
|---|
| 835 | + | Commission for the amount of any settlement or judgment obtained against that 7 |
|---|
| 836 | + | person arising out of any actual or alleged act, error or omission that occurred within 8 |
|---|
| 837 | + | the scope of Commission employment, duties or responsibilities, or that such person 9 |
|---|
| 838 | + | had a reasonable basis for believing occurred within the scope of Commission 10 |
|---|
| 839 | + | employment, duties or responsibilities, provided that the actual or alleged act, error or 11 |
|---|
| 840 | + | omission did not result from the intentional, willful or wanton misconduct of that 12 |
|---|
| 841 | + | person. 13 |
|---|
| 842 | + | ARTICLE VIII 14 |
|---|
| 843 | + | Rulemaking 15 |
|---|
| 844 | + | (a) The Commission shall exercise its rulemaking powers pursuant to the 16 |
|---|
| 845 | + | criteria set forth in this Article and the rules adopted thereunder. Rules and 17 |
|---|
| 846 | + | amendments shall become binding as of the date specified in each rule or amendment 18 |
|---|
| 847 | + | and shall have the same force and effect as provisions of this Compact. 19 |
|---|
| 848 | + | (b) Rules or amendments to the rules shall be adopted at a regular or special 20 |
|---|
| 849 | + | meeting of the Commission. 21 |
|---|
| 850 | + | (c) Prior to promulgation and adoption of a final rule or rules by the 22 |
|---|
| 851 | + | Commission, and at least sixty (60) days in advance of the meeting at which the rule 23 |
|---|
| 852 | + | will be considered and voted upon, the Commission shall file a notice of proposed 24 |
|---|
| 853 | + | rulemaking: 25 |
|---|
| 854 | + | (1) On the website of the Commission; and 26 |
|---|
| 855 | + | (2) On the website of each licensing board or the publication in which 27 |
|---|
| 856 | + | each state would otherwise publish proposed rules. 28 |
|---|
| 857 | + | (d) The notice of proposed rulemaking shall include: 29 |
|---|
| 858 | + | (1) The proposed time, date and location of the meeting in which the 30 |
|---|
| 859 | + | rule will be considered and voted upon; 31 33-LS0447\S |
|---|
| 860 | + | HB 149 -26- HB0149a |
|---|
| 865 | | - | rulemaking: 1 |
|---|
| 866 | | - | (1) On the website of the Commission; and 2 |
|---|
| 867 | | - | (2) On the website of each licensing board or the publication in which 3 |
|---|
| 868 | | - | each state would otherwise publish proposed rules. 4 |
|---|
| 869 | | - | (d) The notice of proposed rulemaking shall include: 5 |
|---|
| 870 | | - | (1) The proposed time, date and location of the meeting in which the 6 |
|---|
| 871 | | - | rule will be considered and voted upon; 7 |
|---|
| 872 | | - | (2) The text of the proposed rule or amendment, and the reason for the 8 |
|---|
| 873 | | - | proposed rule; 9 |
|---|
| 874 | | - | (3) A request for comments on the proposed rule from any interested 10 |
|---|
| 875 | | - | person; and 11 |
|---|
| 876 | | - | (4) The manner in which interested persons may submit notice to the 12 |
|---|
| 877 | | - | Commission of their intention to attend the public hearing and any written comments. 13 |
|---|
| 878 | | - | (e) Prior to adoption of a proposed rule, the Commission shall allow persons 14 |
|---|
| 879 | | - | to submit written data, facts, opinions and arguments, which shall be made available to 15 |
|---|
| 880 | | - | the public. 16 |
|---|
| 881 | | - | (f) The Commission shall grant an opportunity for a public hearing before it 17 |
|---|
| 882 | | - | adopts a rule or amendment. 18 |
|---|
| 883 | | - | (g) The Commission shall publish the place, time and date of the scheduled 19 |
|---|
| 884 | | - | public hearing. 20 |
|---|
| 885 | | - | (1) Hearings shall be conducted in a manner providing each person 21 |
|---|
| 886 | | - | who wishes to comment a fair and reasonable opportunity to comment orally or in 22 |
|---|
| 887 | | - | writing. All hearings will be recorded, and a copy will be made available upon request. 23 |
|---|
| 888 | | - | (2) Nothing in this section shall be construed as requiring a separate 24 |
|---|
| 889 | | - | hearing on each rule. Rules may be grouped for the convenience of the Commission at 25 |
|---|
| 890 | | - | hearings required by this section. 26 |
|---|
| 891 | | - | (h) If no one appears at the public hearing, the Commission may proceed with 27 |
|---|
| 892 | | - | promulgation of the proposed rule. 28 |
|---|
| 893 | | - | (i) Following the scheduled hearing date, or by the close of business on the 29 |
|---|
| 894 | | - | scheduled hearing date if the hearing was not held, the Commission shall consider all 30 |
|---|
| 895 | | - | written and oral comments received. 31 33-LS0447\D |
|---|
| 896 | | - | HB0149b -27- CSHB 149(L&C) |
|---|
| 863 | + | (2) The text of the proposed rule or amendment, and the reason for the 1 |
|---|
| 864 | + | proposed rule; 2 |
|---|
| 865 | + | (3) A request for comments on the proposed rule from any interested 3 |
|---|
| 866 | + | person; and 4 |
|---|
| 867 | + | (4) The manner in which interested persons may submit notice to the 5 |
|---|
| 868 | + | Commission of their intention to attend the public hearing and any written comments. 6 |
|---|
| 869 | + | (e) Prior to adoption of a proposed rule, the Commission shall allow persons 7 |
|---|
| 870 | + | to submit written data, facts, opinions and arguments, which shall be made available to 8 |
|---|
| 871 | + | the public. 9 |
|---|
| 872 | + | (f) The Commission shall grant an opportunity for a public hearing before it 10 |
|---|
| 873 | + | adopts a rule or amendment. 11 |
|---|
| 874 | + | (g) The Commission shall publish the place, time and date of the scheduled 12 |
|---|
| 875 | + | public hearing. 13 |
|---|
| 876 | + | (1) Hearings shall be conducted in a manner providing each person 14 |
|---|
| 877 | + | who wishes to comment a fair and reasonable opportunity to comment orally or in 15 |
|---|
| 878 | + | writing. All hearings will be recorded, and a copy will be made available upon request. 16 |
|---|
| 879 | + | (2) Nothing in this section shall be construed as requiring a separate 17 |
|---|
| 880 | + | hearing on each rule. Rules may be grouped for the convenience of the Commission at 18 |
|---|
| 881 | + | hearings required by this section. 19 |
|---|
| 882 | + | (h) If no one appears at the public hearing, the Commission may proceed with 20 |
|---|
| 883 | + | promulgation of the proposed rule. 21 |
|---|
| 884 | + | (i) Following the scheduled hearing date, or by the close of business on the 22 |
|---|
| 885 | + | scheduled hearing date if the hearing was not held, the Commission shall consider all 23 |
|---|
| 886 | + | written and oral comments received. 24 |
|---|
| 887 | + | (j) The Commission shall, by majority vote of all administrators, take final 25 |
|---|
| 888 | + | action on the proposed rule and shall determine the effective date of the rule, if any, 26 |
|---|
| 889 | + | based on the rulemaking record and the full text of the rule. 27 |
|---|
| 890 | + | (k) Upon determination that an emergency exists, the Commission may 28 |
|---|
| 891 | + | consider and adopt an emergency rule without prior notice, opportunity for comment 29 |
|---|
| 892 | + | or hearing, provided that the usual rulemaking procedures provided in this Compact 30 |
|---|
| 893 | + | and in this section shall be retroactively applied to the rule as soon as reasonably 31 33-LS0447\S |
|---|
| 894 | + | HB0149a -27- HB 149 |
|---|
| 899 | | - | (j) The Commission shall, by majority vote of all administrators, take final 1 |
|---|
| 900 | | - | action on the proposed rule and shall determine the effective date of the rule, if any, 2 |
|---|
| 901 | | - | based on the rulemaking record and the full text of the rule. 3 |
|---|
| 902 | | - | (k) Upon determination that an emergency exists, the Commission may 4 |
|---|
| 903 | | - | consider and adopt an emergency rule without prior notice, opportunity for comment 5 |
|---|
| 904 | | - | or hearing, provided that the usual rulemaking procedures provided in this Compact 6 |
|---|
| 905 | | - | and in this section shall be retroactively applied to the rule as soon as reasonably 7 |
|---|
| 906 | | - | possible, in no event later than ninety (90) days after the effective date of the rule. For 8 |
|---|
| 907 | | - | the purposes of this provision, an emergency rule is one that must be adopted 9 |
|---|
| 908 | | - | immediately in order to: 10 |
|---|
| 909 | | - | (1) Meet an imminent threat to public health, safety or welfare; 11 |
|---|
| 910 | | - | (2) Prevent a loss of Commission or party state funds; or 12 |
|---|
| 911 | | - | (3) Meet a deadline for the promulgation of an administrative rule that 13 |
|---|
| 912 | | - | is required by federal law or rule. 14 |
|---|
| 913 | | - | (l) The Commission may direct revisions to a previously adopted rule or 15 |
|---|
| 914 | | - | amendment for purposes of correcting typographical errors, errors in format, errors in 16 |
|---|
| 915 | | - | consistency or grammatical errors. Public notice of any revisions shall be posted on 17 |
|---|
| 916 | | - | the website of the Commission. The revision shall be subject to challenge by any 18 |
|---|
| 917 | | - | person for a period of thirty (30) days after posting. The revision may be challenged 19 |
|---|
| 918 | | - | only on grounds that the revision results in a material change to a rule. A challenge 20 |
|---|
| 919 | | - | shall be made in writing, and delivered to the Commission, prior to the end of the 21 |
|---|
| 920 | | - | notice period. If no challenge is made, the revision will take effect without further 22 |
|---|
| 921 | | - | action. If the revision is challenged, the revision may not take effect without the 23 |
|---|
| 922 | | - | approval of the Commission. 24 |
|---|
| 923 | | - | ARTICLE IX 25 |
|---|
| 924 | | - | Oversight, Dispute Resolution and Enforcement 26 |
|---|
| 925 | | - | (a) Oversight 27 |
|---|
| 926 | | - | (1) Each party state shall enforce this Compact and take all actions 28 |
|---|
| 927 | | - | necessary and appropriate to effectuate this Compact's purposes and intent. 29 |
|---|
| 928 | | - | (2) The Commission shall be entitled to receive service of process in 30 |
|---|
| 929 | | - | any proceeding that may affect the powers, responsibilities or actions of the 31 33-LS0447\D |
|---|
| 930 | | - | CSHB 149(L&C) -28- HB0149b |
|---|
| 897 | + | possible, in no event later than ninety (90) days after the effective date of the rule. For 1 |
|---|
| 898 | + | the purposes of this provision, an emergency rule is one that must be adopted 2 |
|---|
| 899 | + | immediately in order to: 3 |
|---|
| 900 | + | (1) Meet an imminent threat to public health, safety or welfare; 4 |
|---|
| 901 | + | (2) Prevent a loss of Commission or party state funds; or 5 |
|---|
| 902 | + | (3) Meet a deadline for the promulgation of an administrative rule that 6 |
|---|
| 903 | + | is required by federal law or rule. 7 |
|---|
| 904 | + | (l) The Commission may direct revisions to a previously adopted rule or 8 |
|---|
| 905 | + | amendment for purposes of correcting typographical errors, errors in format, errors in 9 |
|---|
| 906 | + | consistency or grammatical errors. Public notice of any revisions shall be posted on 10 |
|---|
| 907 | + | the website of the Commission. The revision shall be subject to challenge by any 11 |
|---|
| 908 | + | person for a period of thirty (30) days after posting. The revision may be challenged 12 |
|---|
| 909 | + | only on grounds that the revision results in a material change to a rule. A challenge 13 |
|---|
| 910 | + | shall be made in writing, and delivered to the Commission, prior to the end of the 14 |
|---|
| 911 | + | notice period. If no challenge is made, the revision will take effect without further 15 |
|---|
| 912 | + | action. If the revision is challenged, the revision may not take effect without the 16 |
|---|
| 913 | + | approval of the Commission. 17 |
|---|
| 914 | + | ARTICLE IX 18 |
|---|
| 915 | + | Oversight, Dispute Resolution and Enforcement 19 |
|---|
| 916 | + | (a) Oversight 20 |
|---|
| 917 | + | (1) Each party state shall enforce this Compact and take all actions 21 |
|---|
| 918 | + | necessary and appropriate to effectuate this Compact's purposes and intent. 22 |
|---|
| 919 | + | (2) The Commission shall be entitled to receive service of process in 23 |
|---|
| 920 | + | any proceeding that may affect the powers, responsibilities or actions of the 24 |
|---|
| 921 | + | Commission, and shall have standing to intervene in such a proceeding for all 25 |
|---|
| 922 | + | purposes. Failure to provide service of process in such proceeding to the Commission 26 |
|---|
| 923 | + | shall render a judgment or order void as to the Commission, this Compact or 27 |
|---|
| 924 | + | promulgated rules. 28 |
|---|
| 925 | + | (b) Default, Technical Assistance and Termination 29 |
|---|
| 926 | + | (1) If the Commission determines that a party state has defaulted in the 30 |
|---|
| 927 | + | performance of its obligations or responsibilities under this Compact or the 31 33-LS0447\S |
|---|
| 928 | + | HB 149 -28- HB0149a |
|---|
| 933 | | - | Commission, and shall have standing to intervene in such a proceeding for all 1 |
|---|
| 934 | | - | purposes. Failure to provide service of process in such proceeding to the Commission 2 |
|---|
| 935 | | - | shall render a judgment or order void as to the Commission, this Compact or 3 |
|---|
| 936 | | - | promulgated rules. 4 |
|---|
| 937 | | - | (b) Default, Technical Assistance and Termination 5 |
|---|
| 938 | | - | (1) If the Commission determines that a party state has defaulted in the 6 |
|---|
| 939 | | - | performance of its obligations or responsibilities under this Compact or the 7 |
|---|
| 940 | | - | promulgated rules, the Commission shall: 8 |
|---|
| 941 | | - | (A) Provide written notice to the defaulting state and other 9 |
|---|
| 942 | | - | party states of the nature of the default, the proposed means of curing the 10 |
|---|
| 943 | | - | default or any other action to be taken by the Commission; and 11 |
|---|
| 944 | | - | (B) Provide remedial training and specific technical assistance 12 |
|---|
| 945 | | - | regarding the default. 13 |
|---|
| 946 | | - | (2) If a state in default fails to cure the default, the defaulting state's 14 |
|---|
| 947 | | - | membership in this Compact may be terminated upon an affirmative vote of a majority 15 |
|---|
| 948 | | - | of the administrators, and all rights, privileges and benefits conferred by this Compact 16 |
|---|
| 949 | | - | may be terminated on the effective date of termination. A cure of the default does not 17 |
|---|
| 950 | | - | relieve the offending state of obligations or liabilities incurred during the period of 18 |
|---|
| 951 | | - | default. 19 |
|---|
| 952 | | - | (3) Termination of membership in this Compact shall be imposed only 20 |
|---|
| 953 | | - | after all other means of securing compliance have been exhausted. Notice of intent to 21 |
|---|
| 954 | | - | suspend or terminate shall be given by the Commission to the governor of the 22 |
|---|
| 955 | | - | defaulting state and to the executive officer of the defaulting state's licensing board 23 |
|---|
| 956 | | - | and each of the party states. 24 |
|---|
| 957 | | - | (4) A state whose membership in this Compact has been terminated is 25 |
|---|
| 958 | | - | responsible for all assessments, obligations and liabilities incurred through the 26 |
|---|
| 959 | | - | effective date of termination, including obligations that extend beyond the effective 27 |
|---|
| 960 | | - | date of termination. 28 |
|---|
| 961 | | - | (5) The Commission shall not bear any costs related to a state that is 29 |
|---|
| 962 | | - | found to be in default or whose membership in this Compact has been terminated 30 |
|---|
| 963 | | - | unless agreed upon in writing between the Commission and the defaulting state. 31 33-LS0447\D |
|---|
| 964 | | - | HB0149b -29- CSHB 149(L&C) |
|---|
| 931 | + | promulgated rules, the Commission shall: 1 |
|---|
| 932 | + | (A) Provide written notice to the defaulting state and other 2 |
|---|
| 933 | + | party states of the nature of the default, the proposed means of curing the 3 |
|---|
| 934 | + | default or any other action to be taken by the Commission; and 4 |
|---|
| 935 | + | (B) Provide remedial training and specific technical assistance 5 |
|---|
| 936 | + | regarding the default. 6 |
|---|
| 937 | + | (2) If a state in default fails to cure the default, the defaulting state's 7 |
|---|
| 938 | + | membership in this Compact may be terminated upon an affirmative vote of a majority 8 |
|---|
| 939 | + | of the administrators, and all rights, privileges and benefits conferred by this Compact 9 |
|---|
| 940 | + | may be terminated on the effective date of termination. A cure of the default does not 10 |
|---|
| 941 | + | relieve the offending state of obligations or liabilities incurred during the period of 11 |
|---|
| 942 | + | default. 12 |
|---|
| 943 | + | (3) Termination of membership in this Compact shall be imposed only 13 |
|---|
| 944 | + | after all other means of securing compliance have been exhausted. Notice of intent to 14 |
|---|
| 945 | + | suspend or terminate shall be given by the Commission to the governor of the 15 |
|---|
| 946 | + | defaulting state and to the executive officer of the defaulting state's licensing board 16 |
|---|
| 947 | + | and each of the party states. 17 |
|---|
| 948 | + | (4) A state whose membership in this Compact has been terminated is 18 |
|---|
| 949 | + | responsible for all assessments, obligations and liabilities incurred through the 19 |
|---|
| 950 | + | effective date of termination, including obligations that extend beyond the effective 20 |
|---|
| 951 | + | date of termination. 21 |
|---|
| 952 | + | (5) The Commission shall not bear any costs related to a state that is 22 |
|---|
| 953 | + | found to be in default or whose membership in this Compact has been terminated 23 |
|---|
| 954 | + | unless agreed upon in writing between the Commission and the defaulting state. 24 |
|---|
| 955 | + | (6) The defaulting state may appeal the action of the Commission by 25 |
|---|
| 956 | + | petitioning the U.S. District Court for the District of Columbia or the federal district in 26 |
|---|
| 957 | + | which the Commission has its principal offices. The prevailing party shall be awarded 27 |
|---|
| 958 | + | all costs of such litigation, including reasonable attorneys' fees. 28 |
|---|
| 959 | + | (c) Dispute Resolution 29 |
|---|
| 960 | + | (1) Upon request by a party state, the Commission shall attempt to 30 |
|---|
| 961 | + | resolve disputes related to the Compact that arise among party states and between 31 33-LS0447\S |
|---|
| 962 | + | HB0149a -29- HB 149 |
|---|
| 967 | | - | (6) The defaulting state may appeal the action of the Commission by 1 |
|---|
| 968 | | - | petitioning the U.S. District Court for the District of Columbia or the federal district in 2 |
|---|
| 969 | | - | which the Commission has its principal offices. The prevailing party shall be awarded 3 |
|---|
| 970 | | - | all costs of such litigation, including reasonable attorneys' fees. 4 |
|---|
| 971 | | - | (c) Dispute Resolution 5 |
|---|
| 972 | | - | (1) Upon request by a party state, the Commission shall attempt to 6 |
|---|
| 973 | | - | resolve disputes related to the Compact that arise among party states and between 7 |
|---|
| 974 | | - | party and non-party states. 8 |
|---|
| 975 | | - | (2) The Commission shall promulgate a rule providing for both 9 |
|---|
| 976 | | - | mediation and binding dispute resolution for disputes, as appropriate. 10 |
|---|
| 977 | | - | (3) In the event the Commission cannot resolve disputes among party 11 |
|---|
| 978 | | - | states arising under this Compact: 12 |
|---|
| 979 | | - | (A) The party states may submit the issues in dispute to an 13 |
|---|
| 980 | | - | arbitration panel, which will be comprised of individuals appointed by the 14 |
|---|
| 981 | | - | Compact administrator in each of the affected party states and an individual 15 |
|---|
| 982 | | - | mutually agreed upon by the Compact administrators of all the party states 16 |
|---|
| 983 | | - | involved in the dispute. 17 |
|---|
| 984 | | - | (B) The decision of a majority of the arbitrators shall be final 18 |
|---|
| 985 | | - | and binding. 19 |
|---|
| 986 | | - | (d) Enforcement 20 |
|---|
| 987 | | - | (1) The Commission, in the reasonable exercise of its discretion, shall 21 |
|---|
| 988 | | - | enforce the provisions and rules of this Compact. 22 |
|---|
| 989 | | - | (2) By majority vote, the Commission may initiate legal action in the 23 |
|---|
| 990 | | - | U.S. District Court for the District of Columbia or the federal district in which the 24 |
|---|
| 991 | | - | Commission has its principal offices against a party state that is in default to enforce 25 |
|---|
| 992 | | - | compliance with the provisions of this Compact and its promulgated rules and bylaws. 26 |
|---|
| 993 | | - | The relief sought may include both injunctive relief and damages. In the event judicial 27 |
|---|
| 994 | | - | enforcement is necessary, the prevailing party shall be awarded all costs of such 28 |
|---|
| 995 | | - | litigation, including reasonable attorneys' fees. 29 |
|---|
| 996 | | - | (3) The remedies herein shall not be the exclusive remedies of the 30 |
|---|
| 997 | | - | Commission. The Commission may pursue any other remedies available under federal 31 33-LS0447\D |
|---|
| 998 | | - | CSHB 149(L&C) -30- HB0149b |
|---|
| 965 | + | party and non-party states. 1 |
|---|
| 966 | + | (2) The Commission shall promulgate a rule providing for both 2 |
|---|
| 967 | + | mediation and binding dispute resolution for disputes, as appropriate. 3 |
|---|
| 968 | + | (3) In the event the Commission cannot resolve disputes among party 4 |
|---|
| 969 | + | states arising under this Compact: 5 |
|---|
| 970 | + | (A) The party states may submit the issues in dispute to an 6 |
|---|
| 971 | + | arbitration panel, which will be comprised of individuals appointed by the 7 |
|---|
| 972 | + | Compact administrator in each of the affected party states and an individual 8 |
|---|
| 973 | + | mutually agreed upon by the Compact administrators of all the party states 9 |
|---|
| 974 | + | involved in the dispute. 10 |
|---|
| 975 | + | (B) The decision of a majority of the arbitrators shall be final 11 |
|---|
| 976 | + | and binding. 12 |
|---|
| 977 | + | (d) Enforcement 13 |
|---|
| 978 | + | (1) The Commission, in the reasonable exercise of its discretion, shall 14 |
|---|
| 979 | + | enforce the provisions and rules of this Compact. 15 |
|---|
| 980 | + | (2) By majority vote, the Commission may initiate legal action in the 16 |
|---|
| 981 | + | U.S. District Court for the District of Columbia or the federal district in which the 17 |
|---|
| 982 | + | Commission has its principal offices against a party state that is in default to enforce 18 |
|---|
| 983 | + | compliance with the provisions of this Compact and its promulgated rules and bylaws. 19 |
|---|
| 984 | + | The relief sought may include both injunctive relief and damages. In the event judicial 20 |
|---|
| 985 | + | enforcement is necessary, the prevailing party shall be awarded all costs of such 21 |
|---|
| 986 | + | litigation, including reasonable attorneys' fees. 22 |
|---|
| 987 | + | (3) The remedies herein shall not be the exclusive remedies of the 23 |
|---|
| 988 | + | Commission. The Commission may pursue any other remedies available under federal 24 |
|---|
| 989 | + | or state law. 25 |
|---|
| 990 | + | ARTICLE X 26 |
|---|
| 991 | + | Effective Date, Withdrawal and Amendment 27 |
|---|
| 992 | + | (a) This Compact shall become effective and binding on the earlier of the date 28 |
|---|
| 993 | + | of legislative enactment of this Compact into law by no less than twenty-six (26) states 29 |
|---|
| 994 | + | or December 31, 2018. All party states to this Compact, that also were parties to the 30 |
|---|
| 995 | + | prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 31 33-LS0447\S |
|---|
| 996 | + | HB 149 -30- HB0149a |
|---|
| 1001 | | - | or state law. 1 |
|---|
| 1002 | | - | ARTICLE X 2 |
|---|
| 1003 | | - | Effective Date, Withdrawal and Amendment 3 |
|---|
| 1004 | | - | (a) This Compact shall become effective and binding on the earlier of the date 4 |
|---|
| 1005 | | - | of legislative enactment of this Compact into law by no less than twenty-six (26) states 5 |
|---|
| 1006 | | - | or December 31, 2018. All party states to this Compact, that also were parties to the 6 |
|---|
| 1007 | | - | prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 7 |
|---|
| 1008 | | - | be deemed to have withdrawn from said Prior Compact within six (6) months after the 8 |
|---|
| 1009 | | - | effective date of this Compact. 9 |
|---|
| 1010 | | - | (b) Each party state to this Compact shall continue to recognize a nurse's 10 |
|---|
| 1011 | | - | multistate licensure privilege to practice in that party state issued under the Prior 11 |
|---|
| 1012 | | - | Compact until such party state has withdrawn from the Prior Compact. 12 |
|---|
| 1013 | | - | (c) Any party state may withdraw from this Compact by enacting a statute 13 |
|---|
| 1014 | | - | repealing the same. A party state's withdrawal shall not take effect until six (6) months 14 |
|---|
| 1015 | | - | after enactment of the repealing statute. 15 |
|---|
| 1016 | | - | (d) A party state's withdrawal or termination shall not affect the continuing 16 |
|---|
| 1017 | | - | requirement of the withdrawing or terminated state's licensing board to report adverse 17 |
|---|
| 1018 | | - | actions and significant investigations occurring prior to the effective date of such 18 |
|---|
| 1019 | | - | withdrawal or termination. 19 |
|---|
| 1020 | | - | (e) Nothing contained in this Compact shall be construed to invalidate or 20 |
|---|
| 1021 | | - | prevent any nurse licensure agreement or other cooperative arrangement between a 21 |
|---|
| 1022 | | - | party state and a non-party state that is made in accordance with the other provisions 22 |
|---|
| 1023 | | - | of this Compact. 23 |
|---|
| 1024 | | - | (f) This Compact may be amended by the party states. No amendment to this 24 |
|---|
| 1025 | | - | Compact shall become effective and binding upon the party states unless and until it is 25 |
|---|
| 1026 | | - | enacted into the laws of all party states. 26 |
|---|
| 1027 | | - | (g) Representatives of non-party states to this Compact shall be invited to 27 |
|---|
| 1028 | | - | participate in the activities of the Commission, on a nonvoting basis, prior to the 28 |
|---|
| 1029 | | - | adoption of this Compact by all states. 29 |
|---|
| 1030 | | - | ARTICLE XI 30 |
|---|
| 1031 | | - | Construction and Severability 31 33-LS0447\D |
|---|
| 1032 | | - | HB0149b -31- CSHB 149(L&C) |
|---|
| 999 | + | be deemed to have withdrawn from said Prior Compact within six (6) months after the 1 |
|---|
| 1000 | + | effective date of this Compact. 2 |
|---|
| 1001 | + | (b) Each party state to this Compact shall continue to recognize a nurse's 3 |
|---|
| 1002 | + | multistate licensure privilege to practice in that party state issued under the Prior 4 |
|---|
| 1003 | + | Compact until such party state has withdrawn from the Prior Compact. 5 |
|---|
| 1004 | + | (c) Any party state may withdraw from this Compact by enacting a statute 6 |
|---|
| 1005 | + | repealing the same. A party state's withdrawal shall not take effect until six (6) months 7 |
|---|
| 1006 | + | after enactment of the repealing statute. 8 |
|---|
| 1007 | + | (d) A party state's withdrawal or termination shall not affect the continuing 9 |
|---|
| 1008 | + | requirement of the withdrawing or terminated state's licensing board to report adverse 10 |
|---|
| 1009 | + | actions and significant investigations occurring prior to the effective date of such 11 |
|---|
| 1010 | + | withdrawal or termination. 12 |
|---|
| 1011 | + | (e) Nothing contained in this Compact shall be construed to invalidate or 13 |
|---|
| 1012 | + | prevent any nurse licensure agreement or other cooperative arrangement between a 14 |
|---|
| 1013 | + | party state and a non-party state that is made in accordance with the other provisions 15 |
|---|
| 1014 | + | of this Compact. 16 |
|---|
| 1015 | + | (f) This Compact may be amended by the party states. No amendment to this 17 |
|---|
| 1016 | + | Compact shall become effective and binding upon the party states unless and until it is 18 |
|---|
| 1017 | + | enacted into the laws of all party states. 19 |
|---|
| 1018 | + | (g) Representatives of non-party states to this Compact shall be invited to 20 |
|---|
| 1019 | + | participate in the activities of the Commission, on a nonvoting basis, prior to the 21 |
|---|
| 1020 | + | adoption of this Compact by all states. 22 |
|---|
| 1021 | + | ARTICLE XI 23 |
|---|
| 1022 | + | Construction and Severability 24 |
|---|
| 1023 | + | This Compact shall be liberally construed so as to effectuate the purposes thereof. The 25 |
|---|
| 1024 | + | provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision 26 |
|---|
| 1025 | + | of this Compact is declared to be contrary to the constitution of any party state or of the 27 |
|---|
| 1026 | + | United States, or if the applicability thereof to any government, agency, person or 28 |
|---|
| 1027 | + | circumstance is held invalid, the validity of the remainder of this Compact and the 29 |
|---|
| 1028 | + | applicability thereof to any government, agency, person or circumstance shall not be affected 30 |
|---|
| 1029 | + | thereby. If this Compact shall be held to be contrary to the constitution of any party state, this 31 33-LS0447\S |
|---|
| 1030 | + | HB0149a -31- HB 149 |
|---|
| 1035 | | - | This Compact shall be liberally construed so as to effectuate the purposes thereof. The 1 |
|---|
| 1036 | | - | provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision 2 |
|---|
| 1037 | | - | of this Compact is declared to be contrary to the constitution of any party state or of the 3 |
|---|
| 1038 | | - | United States, or if the applicability thereof to any government, agency, person or 4 |
|---|
| 1039 | | - | circumstance is held invalid, the validity of the remainder of this Compact and the 5 |
|---|
| 1040 | | - | applicability thereof to any government, agency, person or circumstance shall not be affected 6 |
|---|
| 1041 | | - | thereby. If this Compact shall be held to be contrary to the constitution of any party state, this 7 |
|---|
| 1042 | | - | Compact shall remain in full force and effect as to the remaining party states and in full force 8 |
|---|
| 1043 | | - | and effect as to the party state affected as to all severable matters. 9 |
|---|
| 1044 | | - | * Sec. 19. AS 08.68.800(a) is amended to read: 10 |
|---|
| 1045 | | - | (a) This chapter does not apply to 11 |
|---|
| 1046 | | - | (1) a qualified nurse licensed in another state employed by the United 12 |
|---|
| 1047 | | - | States government or a bureau, or agency, or division of the United States government 13 |
|---|
| 1048 | | - | while in the discharge of official duties; 14 |
|---|
| 1049 | | - | (2) nursing service given temporarily in the event of a public 15 |
|---|
| 1050 | | - | emergency, epidemic, or disaster; 16 |
|---|
| 1051 | | - | (3) the practice of nursing by a student enrolled in a nursing education 17 |
|---|
| 1052 | | - | program accredited by the board when the practice is in connection with the student's 18 |
|---|
| 1053 | | - | course of study; 19 |
|---|
| 1054 | | - | (4) the practice of nursing by an individual enrolled in an approved 20 |
|---|
| 1055 | | - | program or course of study approved by the board to satisfy the requirements of 21 |
|---|
| 1056 | | - | AS 08.68.251; 22 |
|---|
| 1057 | | - | (5) the practice of nursing by a nurse licensed in another state who 23 |
|---|
| 1058 | | - | does not hold a multistate licensure privilege to practice in this state and who 24 |
|---|
| 1059 | | - | engages in nursing education or nursing consultation activities, if these activities and 25 |
|---|
| 1060 | | - | contact with clients do not exceed 20 working days within a licensing period; or 26 |
|---|
| 1061 | | - | (6) the practice of nursing by a nurse licensed in another state who 27 |
|---|
| 1062 | | - | does not hold a multistate licensure privilege to practice in this state and whose 28 |
|---|
| 1063 | | - | employment responsibilities include transporting patients into, out of, or through this 29 |
|---|
| 1064 | | - | state; however, this exception is valid for a period not to exceed 48 hours for each 30 |
|---|
| 1065 | | - | transport. 31 33-LS0447\D |
|---|
| 1066 | | - | CSHB 149(L&C) -32- HB0149b |
|---|
| 1033 | + | Compact shall remain in full force and effect as to the remaining party states and in full force 1 |
|---|
| 1034 | + | and effect as to the party state affected as to all severable matters. 2 |
|---|
| 1035 | + | * Sec. 19. AS 08.68.800(a) is amended to read: 3 |
|---|
| 1036 | + | (a) This chapter does not apply to 4 |
|---|
| 1037 | + | (1) a qualified nurse licensed in another state employed by the United 5 |
|---|
| 1038 | + | States government or a bureau, or agency, or division of the United States government 6 |
|---|
| 1039 | + | while in the discharge of official duties; 7 |
|---|
| 1040 | + | (2) nursing service given temporarily in the event of a public 8 |
|---|
| 1041 | + | emergency, epidemic, or disaster; 9 |
|---|
| 1042 | + | (3) the practice of nursing by a student enrolled in a nursing education 10 |
|---|
| 1043 | + | program accredited by the board when the practice is in connection with the student's 11 |
|---|
| 1044 | + | course of study; 12 |
|---|
| 1045 | + | (4) the practice of nursing by an individual enrolled in an approved 13 |
|---|
| 1046 | + | program or course of study approved by the board to satisfy the requirements of 14 |
|---|
| 1047 | + | AS 08.68.251; 15 |
|---|
| 1048 | + | (5) the practice of nursing by a nurse licensed in another state who 16 |
|---|
| 1049 | + | does not hold a multistate licensure privilege to practice in this state and who 17 |
|---|
| 1050 | + | engages in nursing education or nursing consultation activities, if these activities and 18 |
|---|
| 1051 | + | contact with clients do not exceed 20 working days within a licensing period; or 19 |
|---|
| 1052 | + | (6) the practice of nursing by a nurse licensed in another state who 20 |
|---|
| 1053 | + | does not hold a multistate licensure privilege to practice in this state and whose 21 |
|---|
| 1054 | + | employment responsibilities include transporting patients into, out of, or through this 22 |
|---|
| 1055 | + | state; however, this exception is valid for a period not to exceed 48 hours for each 23 |
|---|
| 1056 | + | transport. 24 |
|---|
| 1057 | + | * Sec. 20. AS 08.68.805 is amended to read: 25 |
|---|
| 1058 | + | Sec. 08.68.805. Delegation of nursing functions. A registered, advanced 26 |
|---|
| 1059 | + | practice registered, or practical nurse licensed under this chapter or a registered or 27 |
|---|
| 1060 | + | practical nurse holding a multistate licensure privilege may delegate nursing duties 28 |
|---|
| 1061 | + | to other persons, including unlicensed assistive personnel, under regulations adopted 29 |
|---|
| 1062 | + | by the board. A person to whom the nursing duties are delegated may perform the 30 |
|---|
| 1063 | + | delegated duties without a license or certificate under this chapter or a multistate 31 33-LS0447\S |
|---|
| 1064 | + | HB 149 -32- HB0149a |
|---|
| 1069 | | - | * Sec. 20. AS 08.68.805 is amended to read: 1 |
|---|
| 1070 | | - | Sec. 08.68.805. Delegation of nursing functions. A registered, advanced 2 |
|---|
| 1071 | | - | practice registered, or practical nurse licensed under this chapter or a registered or 3 |
|---|
| 1072 | | - | practical nurse holding a multistate licensure privilege may delegate nursing duties 4 |
|---|
| 1073 | | - | to other persons, including unlicensed assistive personnel, under regulations adopted 5 |
|---|
| 1074 | | - | by the board. A person to whom the nursing duties are delegated may perform the 6 |
|---|
| 1075 | | - | delegated duties without a license or certificate under this chapter or a multistate 7 |
|---|
| 1076 | | - | licensure privilege if the person meets the applicable requirements established by the 8 |
|---|
| 1077 | | - | board. 9 |
|---|
| 1078 | | - | * Sec. 21. AS 08.68.850(1) is amended to read: 10 |
|---|
| 1079 | | - | (1) "advanced practice registered nurse" means a [REGISTERED] 11 |
|---|
| 1080 | | - | nurse licensed to practice registered nursing in this state [IN THE STATE] who, 12 |
|---|
| 1081 | | - | because of specialized education and experience, is licensed by the board 13 |
|---|
| 1082 | | - | [CERTIFIED] to perform acts of medical diagnosis and the prescription and 14 |
|---|
| 1083 | | - | dispensing of medical, therapeutic, or corrective measures under regulations adopted 15 |
|---|
| 1084 | | - | by the board; 16 |
|---|
| 1085 | | - | * Sec. 22. AS 08.68.850 is amended by adding new paragraphs to read: 17 |
|---|
| 1086 | | - | (13) "multistate license" means a license issued by the board under 18 |
|---|
| 1087 | | - | AS 08.68.500 to practice registered nursing or practical nursing in another state that is 19 |
|---|
| 1088 | | - | a party to the Multistate Nurse Licensure Compact enacted under AS 08.68.500; 20 |
|---|
| 1089 | | - | (14) "multistate licensure privilege" means a legal authorization for a 21 |
|---|
| 1090 | | - | person holding a multistate license issued by another state to practice registered 22 |
|---|
| 1091 | | - | nursing or practical nursing in this state under the terms of the Multistate Nurse 23 |
|---|
| 1092 | | - | Licensure Compact enacted under AS 08.68.500; 24 |
|---|
| 1093 | | - | (15) "single-state license" means a license issued under this chapter to 25 |
|---|
| 1094 | | - | practice registered nursing or practical nursing in the state and does not authorize 26 |
|---|
| 1095 | | - | practice in another state. 27 |
|---|
| 1096 | | - | * Sec. 23. AS 09.55.560(2) is amended to read: 28 |
|---|
| 1097 | | - | (2) "health care provider" means an acupuncturist licensed under 29 |
|---|
| 1098 | | - | AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 30 |
|---|
| 1099 | | - | chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 31 33-LS0447\D |
|---|
| 1100 | | - | HB0149b -33- CSHB 149(L&C) |
|---|
| 1067 | + | licensure privilege if the person meets the applicable requirements established by the 1 |
|---|
| 1068 | + | board. 2 |
|---|
| 1069 | + | * Sec. 21. AS 08.68.850(1) is amended to read: 3 |
|---|
| 1070 | + | (1) "advanced practice registered nurse" means a [REGISTERED] 4 |
|---|
| 1071 | + | nurse licensed to practice registered nursing in this state [IN THE STATE] who, 5 |
|---|
| 1072 | + | because of specialized education and experience, is licensed by the board 6 |
|---|
| 1073 | + | [CERTIFIED] to perform acts of medical diagnosis and the prescription and 7 |
|---|
| 1074 | + | dispensing of medical, therapeutic, or corrective measures under regulations adopted 8 |
|---|
| 1075 | + | by the board; 9 |
|---|
| 1076 | + | * Sec. 22. AS 08.68.850 is amended by adding new paragraphs to read: 10 |
|---|
| 1077 | + | (13) "multistate license" means a license issued by the board under 11 |
|---|
| 1078 | + | AS 08.68.500 to practice registered nursing or practical nursing in another state that is 12 |
|---|
| 1079 | + | a party to the Multistate Nurse Licensure Compact enacted under AS 08.68.500; 13 |
|---|
| 1080 | + | (14) "multistate licensure privilege" means a legal authorization for a 14 |
|---|
| 1081 | + | person holding a multistate license issued by another state to practice registered 15 |
|---|
| 1082 | + | nursing or practical nursing in this state under the terms of the Multistate Nurse 16 |
|---|
| 1083 | + | Licensure Compact enacted under AS 08.68.500; 17 |
|---|
| 1084 | + | (15) "single-state license" means a license issued under this chapter to 18 |
|---|
| 1085 | + | practice registered nursing or practical nursing in the state and does not authorize 19 |
|---|
| 1086 | + | practice in another state. 20 |
|---|
| 1087 | + | * Sec. 23. AS 09.55.560(2) is amended to read: 21 |
|---|
| 1088 | + | (2) "health care provider" means an acupuncturist licensed under 22 |
|---|
| 1089 | + | AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; a 23 |
|---|
| 1090 | + | chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; a 24 |
|---|
| 1091 | + | dentist licensed under AS 08.36; a nurse licensed or holding a multistate licensure 25 |
|---|
| 1092 | + | privilege under AS 08.68; a dispensing optician licensed under AS 08.71; a 26 |
|---|
| 1093 | + | naturopath licensed under AS 08.45; an optometrist licensed under AS 08.72; a 27 |
|---|
| 1094 | + | pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 28 |
|---|
| 1095 | + | licensed under AS 08.84; a physician or physician assistant licensed under AS 08.64; a 29 |
|---|
| 1096 | + | podiatrist; a psychologist and a psychological associate licensed under AS 08.86; a 30 |
|---|
| 1097 | + | hospital as defined in AS 47.32.900, including a governmentally owned or operated 31 33-LS0447\S |
|---|
| 1098 | + | HB0149a -33- HB 149 |
|---|
| 1103 | | - | dentist licensed under AS 08.36; a nurse licensed or holding a multistate licensure 1 |
|---|
| 1104 | | - | privilege under AS 08.68; a dispensing optician licensed under AS 08.71; a 2 |
|---|
| 1105 | | - | naturopath licensed under AS 08.45; an optometrist licensed under AS 08.72; a 3 |
|---|
| 1106 | | - | pharmacist licensed under AS 08.80; a physical therapist or occupational therapist 4 |
|---|
| 1107 | | - | licensed under AS 08.84; a physician or physician assistant licensed under AS 08.64; a 5 |
|---|
| 1108 | | - | podiatrist; a psychologist and a psychological associate licensed under AS 08.86; a 6 |
|---|
| 1109 | | - | hospital as defined in AS 47.32.900, including a governmentally owned or operated 7 |
|---|
| 1110 | | - | hospital; an employee of a health care provider acting within the course and scope of 8 |
|---|
| 1111 | | - | employment; an ambulatory surgical facility and other organizations whose primary 9 |
|---|
| 1112 | | - | purpose is the delivery of health care, including a health maintenance organization, 10 |
|---|
| 1113 | | - | individual practice association, integrated delivery system, preferred provider 11 |
|---|
| 1114 | | - | organization or arrangement, and a physical hospital organization; 12 |
|---|
| 1115 | | - | * Sec. 24. AS 09.65.095(c)(1) is amended to read: 13 |
|---|
| 1116 | | - | (1) "health care provider" means a nurse licensed or holding a 14 |
|---|
| 1117 | | - | multistate licensure privilege under AS 08.68, a physician licensed under AS 08.64, 15 |
|---|
| 1118 | | - | and a person certified by a hospital as competent to take blood samples; 16 |
|---|
| 1119 | | - | * Sec. 25. AS 18.20.095(e)(2) is amended to read: 17 |
|---|
| 1120 | | - | (2) "licensed staff member" means a person who is employed by the 18 |
|---|
| 1121 | | - | hospital to provide direct patient care and who is licensed or certified in the state as a 19 |
|---|
| 1122 | | - | physician or physician assistant under AS 08.64, direct-entry midwife under AS 08.65, 20 |
|---|
| 1123 | | - | nurse licensed or holding a multistate licensure privilege under AS 08.68 or nurse 21 |
|---|
| 1124 | | - | aide under AS 08.68, or physical therapist or occupational therapist under AS 08.84; 22 |
|---|
| 1125 | | - | * Sec. 26. AS 18.20.499(3) is amended to read: 23 |
|---|
| 1126 | | - | (3) "nurse" means an individual licensed or holding a multistate 24 |
|---|
| 1127 | | - | licensure privilege to practice registered nursing or practical nursing under AS 08.68 25 |
|---|
| 1128 | | - | who provides nursing services through direct patient care or clinical services and 26 |
|---|
| 1129 | | - | includes a nurse manager when delivering in-hospital patient care; 27 |
|---|
| 1130 | | - | * Sec. 27. AS 18.23.070(3) is amended to read: 28 |
|---|
| 1131 | | - | (3) "health care provider" means an acupuncturist licensed under 29 |
|---|
| 1132 | | - | AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 30 |
|---|
| 1133 | | - | AS 08.32; a dentist licensed under AS 08.36; a nurse licensed or holding a multistate 31 33-LS0447\D |
|---|
| 1134 | | - | CSHB 149(L&C) -34- HB0149b |
|---|
| 1101 | + | hospital; an employee of a health care provider acting within the course and scope of 1 |
|---|
| 1102 | + | employment; an ambulatory surgical facility and other organizations whose primary 2 |
|---|
| 1103 | + | purpose is the delivery of health care, including a health maintenance organization, 3 |
|---|
| 1104 | + | individual practice association, integrated delivery system, preferred provider 4 |
|---|
| 1105 | + | organization or arrangement, and a physical hospital organization; 5 |
|---|
| 1106 | + | * Sec. 24. AS 09.65.095(c)(1) is amended to read: 6 |
|---|
| 1107 | + | (1) "health care provider" means a nurse licensed or holding a 7 |
|---|
| 1108 | + | multistate licensure privilege under AS 08.68, a physician licensed under AS 08.64, 8 |
|---|
| 1109 | + | and a person certified by a hospital as competent to take blood samples; 9 |
|---|
| 1110 | + | * Sec. 25. AS 18.20.095(e)(2) is amended to read: 10 |
|---|
| 1111 | + | (2) "licensed staff member" means a person who is employed by the 11 |
|---|
| 1112 | + | hospital to provide direct patient care and who is licensed or certified in the state as a 12 |
|---|
| 1113 | + | physician or physician assistant under AS 08.64, direct-entry midwife under AS 08.65, 13 |
|---|
| 1114 | + | nurse licensed or holding a multistate licensure privilege under AS 08.68 or nurse 14 |
|---|
| 1115 | + | aide under AS 08.68, or physical therapist or occupational therapist under AS 08.84; 15 |
|---|
| 1116 | + | * Sec. 26. AS 18.20.499(3) is amended to read: 16 |
|---|
| 1117 | + | (3) "nurse" means an individual licensed or holding a multistate 17 |
|---|
| 1118 | + | licensure privilege to practice registered nursing or practical nursing under AS 08.68 18 |
|---|
| 1119 | + | who provides nursing services through direct patient care or clinical services and 19 |
|---|
| 1120 | + | includes a nurse manager when delivering in-hospital patient care; 20 |
|---|
| 1121 | + | * Sec. 27. AS 18.23.070(3) is amended to read: 21 |
|---|
| 1122 | + | (3) "health care provider" means an acupuncturist licensed under 22 |
|---|
| 1123 | + | AS 08.06; a chiropractor licensed under AS 08.20; a dental hygienist licensed under 23 |
|---|
| 1124 | + | AS 08.32; a dentist licensed under AS 08.36; a nurse licensed or holding a multistate 24 |
|---|
| 1125 | + | licensure privilege under AS 08.68; a dispensing optician licensed under AS 08.71; 25 |
|---|
| 1126 | + | an optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 26 |
|---|
| 1127 | + | physical therapist or occupational therapist licensed under AS 08.84; a physician 27 |
|---|
| 1128 | + | licensed under AS 08.64; a podiatrist; a psychologist and a psychological associate 28 |
|---|
| 1129 | + | licensed under AS 08.86; a hospital as defined in AS 47.32.900, including a 29 |
|---|
| 1130 | + | governmentally owned or operated hospital; and an employee of a health care provider 30 |
|---|
| 1131 | + | acting within the course and scope of employment; 31 33-LS0447\S |
|---|
| 1132 | + | HB 149 -34- HB0149a |
|---|
| 1137 | | - | licensure privilege under AS 08.68; a dispensing optician licensed under AS 08.71; 1 |
|---|
| 1138 | | - | an optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a 2 |
|---|
| 1139 | | - | physical therapist or occupational therapist licensed under AS 08.84; a physician 3 |
|---|
| 1140 | | - | licensed under AS 08.64; a podiatrist; a psychologist and a psychological associate 4 |
|---|
| 1141 | | - | licensed under AS 08.86; a hospital as defined in AS 47.32.900, including a 5 |
|---|
| 1142 | | - | governmentally owned or operated hospital; and an employee of a health care provider 6 |
|---|
| 1143 | | - | acting within the course and scope of employment; 7 |
|---|
| 1144 | | - | * Sec. 28. AS 47.07.045(b) is amended to read: 8 |
|---|
| 1145 | | - | (b) Before the department may terminate payment for services provided under 9 |
|---|
| 1146 | | - | (a) of this section, 10 |
|---|
| 1147 | | - | (1) the recipient must have had an annual assessment to determine 11 |
|---|
| 1148 | | - | whether the recipient continues to meet the standards under (a) of this section; 12 |
|---|
| 1149 | | - | (2) the annual assessment must have been reviewed by an independent 13 |
|---|
| 1150 | | - | qualified health care professional under contract with the department; for purposes of 14 |
|---|
| 1151 | | - | this paragraph, "independent qualified health care professional" means, 15 |
|---|
| 1152 | | - | (A) for a waiver based on intellectual or developmental 16 |
|---|
| 1153 | | - | disability, a person who is qualified under 42 C.F.R. 483.430 as a qualified 17 |
|---|
| 1154 | | - | intellectual disability professional; 18 |
|---|
| 1155 | | - | (B) for other allowable waivers, a registered nurse licensed or 19 |
|---|
| 1156 | | - | holding a multistate licensure privilege under AS 08.68 or an advanced 20 |
|---|
| 1157 | | - | practice registered nurse licensed under AS 08.68 who is qualified to assess 21 |
|---|
| 1158 | | - | children with complex medical conditions, older Alaskans, and adults with 22 |
|---|
| 1159 | | - | physical disabilities for medical assistance waivers; and 23 |
|---|
| 1160 | | - | (3) the annual assessment must find that the recipient's condition has 24 |
|---|
| 1161 | | - | materially improved since the previous assessment; for purposes of this paragraph, 25 |
|---|
| 1162 | | - | "materially improved" means that a recipient who has previously qualified for a 26 |
|---|
| 1163 | | - | waiver for 27 |
|---|
| 1164 | | - | (A) a child with complex medical conditions, no longer needs 28 |
|---|
| 1165 | | - | technical assistance for a life-threatening condition, and is expected to be 29 |
|---|
| 1166 | | - | placed in a skilled nursing facility for less than 30 days each year; 30 |
|---|
| 1167 | | - | (B) intellectual or developmental disability, no longer needs the 31 33-LS0447\D |
|---|
| 1168 | | - | HB0149b -35- CSHB 149(L&C) |
|---|
| 1135 | + | * Sec. 28. AS 47.07.045(b) is amended to read: 1 |
|---|
| 1136 | + | (b) Before the department may terminate payment for services provided under 2 |
|---|
| 1137 | + | (a) of this section, 3 |
|---|
| 1138 | + | (1) the recipient must have had an annual assessment to determine 4 |
|---|
| 1139 | + | whether the recipient continues to meet the standards under (a) of this section; 5 |
|---|
| 1140 | + | (2) the annual assessment must have been reviewed by an independent 6 |
|---|
| 1141 | + | qualified health care professional under contract with the department; for purposes of 7 |
|---|
| 1142 | + | this paragraph, "independent qualified health care professional" means, 8 |
|---|
| 1143 | + | (A) for a waiver based on intellectual or developmental 9 |
|---|
| 1144 | + | disability, a person who is qualified under 42 C.F.R. 483.430 as a qualified 10 |
|---|
| 1145 | + | intellectual disability professional; 11 |
|---|
| 1146 | + | (B) for other allowable waivers, a registered nurse licensed or 12 |
|---|
| 1147 | + | holding a multistate licensure privilege under AS 08.68 or an advanced 13 |
|---|
| 1148 | + | practice registered nurse licensed under AS 08.68 who is qualified to assess 14 |
|---|
| 1149 | + | children with complex medical conditions, older Alaskans, and adults with 15 |
|---|
| 1150 | + | physical disabilities for medical assistance waivers; and 16 |
|---|
| 1151 | + | (3) the annual assessment must find that the recipient's condition has 17 |
|---|
| 1152 | + | materially improved since the previous assessment; for purposes of this paragraph, 18 |
|---|
| 1153 | + | "materially improved" means that a recipient who has previously qualified for a 19 |
|---|
| 1154 | + | waiver for 20 |
|---|
| 1155 | + | (A) a child with complex medical conditions, no longer needs 21 |
|---|
| 1156 | + | technical assistance for a life-threatening condition, and is expected to be 22 |
|---|
| 1157 | + | placed in a skilled nursing facility for less than 30 days each year; 23 |
|---|
| 1158 | + | (B) intellectual or developmental disability, no longer needs the 24 |
|---|
| 1159 | + | level of care provided by an intermediate care facility for persons with 25 |
|---|
| 1160 | + | intellectual and developmental disabilities either because the qualifying 26 |
|---|
| 1161 | + | diagnosis has changed or the recipient is able to demonstrate the ability to 27 |
|---|
| 1162 | + | function in a home setting without the need for waiver services; or 28 |
|---|
| 1163 | + | (C) an older Alaskan or adult with a physical disability, no 29 |
|---|
| 1164 | + | longer has a functional limitation or cognitive impairment that would result in 30 |
|---|
| 1165 | + | the need for nursing home placement, and is able to demonstrate the ability to 31 33-LS0447\S |
|---|
| 1166 | + | HB0149a -35- HB 149 |
|---|
| 1171 | | - | level of care provided by an intermediate care facility for persons with 1 |
|---|
| 1172 | | - | intellectual and developmental disabilities either because the qualifying 2 |
|---|
| 1173 | | - | diagnosis has changed or the recipient is able to demonstrate the ability to 3 |
|---|
| 1174 | | - | function in a home setting without the need for waiver services; or 4 |
|---|
| 1175 | | - | (C) an older Alaskan or adult with a physical disability, no 5 |
|---|
| 1176 | | - | longer has a functional limitation or cognitive impairment that would result in 6 |
|---|
| 1177 | | - | the need for nursing home placement, and is able to demonstrate the ability to 7 |
|---|
| 1178 | | - | function in a home setting without the need for waiver services. 8 |
|---|
| 1179 | | - | * Sec. 29. AS 47.30.915(16) is amended to read: 9 |
|---|
| 1180 | | - | (16) "mental health professional" means a psychiatrist or physician 10 |
|---|
| 1181 | | - | who is licensed by the State Medical Board to practice in this state or is employed by 11 |
|---|
| 1182 | | - | the federal government; a clinical psychologist licensed by the state Board of 12 |
|---|
| 1183 | | - | Psychologist and Psychological Associate Examiners; a psychological associate 13 |
|---|
| 1184 | | - | trained in clinical psychology and licensed by the Board of Psychologist and 14 |
|---|
| 1185 | | - | Psychological Associate Examiners; an advanced practice registered nurse or a 15 |
|---|
| 1186 | | - | registered nurse with a master's degree in psychiatric nursing, licensed by the State 16 |
|---|
| 1187 | | - | Board of Nursing or holding a multistate licensure privilege under AS 08.68; a 17 |
|---|
| 1188 | | - | marital and family therapist licensed by the Board of Marital and Family Therapy; a 18 |
|---|
| 1189 | | - | professional counselor licensed by the Board of Professional Counselors; a clinical 19 |
|---|
| 1190 | | - | social worker licensed by the Board of Social Work Examiners; and a person who 20 |
|---|
| 1191 | | - | (A) has a master's degree in the field of mental health; 21 |
|---|
| 1192 | | - | (B) has at least 12 months of post-masters working experience 22 |
|---|
| 1193 | | - | in the field of mental illness; and 23 |
|---|
| 1194 | | - | (C) is working under the supervision of a type of licensee listed 24 |
|---|
| 1195 | | - | in this paragraph; 25 |
|---|
| 1196 | | - | * Sec. 30. AS 47.33.020(d) is amended to read: 26 |
|---|
| 1197 | | - | (d) An assisted living home may provide intermittent nursing services to a 27 |
|---|
| 1198 | | - | resident who does not require 24-hour nursing services and supervision. Intermittent 28 |
|---|
| 1199 | | - | nursing services may be provided only by a nurse licensed or holding a multistate 29 |
|---|
| 1200 | | - | licensure privilege under AS 08.68 or by a person to whom a nursing task has been 30 |
|---|
| 1201 | | - | delegated under (e) of this section. 31 33-LS0447\D |
|---|
| 1202 | | - | CSHB 149(L&C) -36- HB0149b |
|---|
| 1169 | + | function in a home setting without the need for waiver services. 1 |
|---|
| 1170 | + | * Sec. 29. AS 47.30.915(16) is amended to read: 2 |
|---|
| 1171 | + | (16) "mental health professional" means a psychiatrist or physician 3 |
|---|
| 1172 | + | who is licensed by the State Medical Board to practice in this state or is employed by 4 |
|---|
| 1173 | + | the federal government; a clinical psychologist licensed by the state Board of 5 |
|---|
| 1174 | + | Psychologist and Psychological Associate Examiners; a psychological associate 6 |
|---|
| 1175 | + | trained in clinical psychology and licensed by the Board of Psychologist and 7 |
|---|
| 1176 | + | Psychological Associate Examiners; an advanced practice registered nurse or a 8 |
|---|
| 1177 | + | registered nurse with a master's degree in psychiatric nursing, licensed by the State 9 |
|---|
| 1178 | + | Board of Nursing or holding a multistate licensure privilege under AS 08.68; a 10 |
|---|
| 1179 | + | marital and family therapist licensed by the Board of Marital and Family Therapy; a 11 |
|---|
| 1180 | + | professional counselor licensed by the Board of Professional Counselors; a clinical 12 |
|---|
| 1181 | + | social worker licensed by the Board of Social Work Examiners; and a person who 13 |
|---|
| 1182 | + | (A) has a master's degree in the field of mental health; 14 |
|---|
| 1183 | + | (B) has at least 12 months of post-masters working experience 15 |
|---|
| 1184 | + | in the field of mental illness; and 16 |
|---|
| 1185 | + | (C) is working under the supervision of a type of licensee listed 17 |
|---|
| 1186 | + | in this paragraph; 18 |
|---|
| 1187 | + | * Sec. 30. AS 47.33.020(d) is amended to read: 19 |
|---|
| 1188 | + | (d) An assisted living home may provide intermittent nursing services to a 20 |
|---|
| 1189 | + | resident who does not require 24-hour nursing services and supervision. Intermittent 21 |
|---|
| 1190 | + | nursing services may be provided only by a nurse licensed or holding a multistate 22 |
|---|
| 1191 | + | licensure privilege under AS 08.68 or by a person to whom a nursing task has been 23 |
|---|
| 1192 | + | delegated under (e) of this section. 24 |
|---|
| 1193 | + | * Sec. 31. AS 47.33.020(e) is amended to read: 25 |
|---|
| 1194 | + | (e) A person who is on the staff of an assisted living home and who is not a 26 |
|---|
| 1195 | + | nurse licensed or holding a multistate licensure privilege under AS 08.68 may 27 |
|---|
| 1196 | + | perform a nursing task in that home if 28 |
|---|
| 1197 | + | (1) the authority to perform that nursing task is delegated to that person 29 |
|---|
| 1198 | + | by a nurse licensed or holding a multistate licensure privilege under AS 08.68; and 30 |
|---|
| 1199 | + | (2) that nursing task is specified in regulations adopted by the Board of 31 33-LS0447\S |
|---|
| 1200 | + | HB 149 -36- HB0149a |
|---|
| 1205 | | - | * Sec. 31. AS 47.33.020(e) is amended to read: 1 |
|---|
| 1206 | | - | (e) A person who is on the staff of an assisted living home and who is not a 2 |
|---|
| 1207 | | - | nurse licensed or holding a multistate licensure privilege under AS 08.68 may 3 |
|---|
| 1208 | | - | perform a nursing task in that home if 4 |
|---|
| 1209 | | - | (1) the authority to perform that nursing task is delegated to that person 5 |
|---|
| 1210 | | - | by a nurse licensed or holding a multistate licensure privilege under AS 08.68; and 6 |
|---|
| 1211 | | - | (2) that nursing task is specified in regulations adopted by the Board of 7 |
|---|
| 1212 | | - | Nursing as a task that may be delegated. 8 |
|---|
| 1213 | | - | * Sec. 32. AS 47.33.020(f) is amended to read: 9 |
|---|
| 1214 | | - | (f) A resident who needs skilled nursing care may, with the consent of the 10 |
|---|
| 1215 | | - | assisted living home, arrange for that care to be provided in the home by a nurse 11 |
|---|
| 1216 | | - | licensed or holding a multistate licensure privilege under AS 08.68 if that 12 |
|---|
| 1217 | | - | arrangement does not interfere with the services provided to other residents. 13 |
|---|
| 1218 | | - | * Sec. 33. AS 47.33.020(g) is amended to read: 14 |
|---|
| 1219 | | - | (g) As part of a plan to avoid transfer of a resident from the home for medical 15 |
|---|
| 1220 | | - | reasons, the home may provide, through the services of a nurse who is licensed or 16 |
|---|
| 1221 | | - | holding a multistate licensure privilege under AS 08.68, 24-hour skilled nursing 17 |
|---|
| 1222 | | - | care to the resident for not more than 45 consecutive days. 18 |
|---|
| 1223 | | - | * Sec. 34. AS 47.33.020(h) is amended to read: 19 |
|---|
| 1224 | | - | (h) If a resident has received 24-hour skilled nursing care for the 45-day limit 20 |
|---|
| 1225 | | - | set by (g) of this section, the resident or the resident's representative may elect to have 21 |
|---|
| 1226 | | - | the resident remain in the home without continuation of 24-hour skilled nursing care if 22 |
|---|
| 1227 | | - | the home agrees to retain the resident after 23 |
|---|
| 1228 | | - | (1) the home and either the resident or the resident's representative 24 |
|---|
| 1229 | | - | have consulted with the resident's physician; 25 |
|---|
| 1230 | | - | (2) the home and either the resident or the resident's representative 26 |
|---|
| 1231 | | - | have discussed the consequences and risks involved in the election to remain in the 27 |
|---|
| 1232 | | - | home; and 28 |
|---|
| 1233 | | - | (3) the portion of the resident's assisted living plan that relates to 29 |
|---|
| 1234 | | - | health-related services has been revised to provide for the resident's health-related 30 |
|---|
| 1235 | | - | needs without the use of 24-hour skilled nursing care, and the revised plan has been 31 33-LS0447\D |
|---|
| 1236 | | - | HB0149b -37- CSHB 149(L&C) |
|---|
| 1203 | + | Nursing as a task that may be delegated. 1 |
|---|
| 1204 | + | * Sec. 32. AS 47.33.020(f) is amended to read: 2 |
|---|
| 1205 | + | (f) A resident who needs skilled nursing care may, with the consent of the 3 |
|---|
| 1206 | + | assisted living home, arrange for that care to be provided in the home by a nurse 4 |
|---|
| 1207 | + | licensed or holding a multistate licensure privilege under AS 08.68 if that 5 |
|---|
| 1208 | + | arrangement does not interfere with the services provided to other residents. 6 |
|---|
| 1209 | + | * Sec. 33. AS 47.33.020(g) is amended to read: 7 |
|---|
| 1210 | + | (g) As part of a plan to avoid transfer of a resident from the home for medical 8 |
|---|
| 1211 | + | reasons, the home may provide, through the services of a nurse who is licensed or 9 |
|---|
| 1212 | + | holding a multistate licensure privilege under AS 08.68, 24-hour skilled nursing 10 |
|---|
| 1213 | + | care to the resident for not more than 45 consecutive days. 11 |
|---|
| 1214 | + | * Sec. 34. AS 47.33.020(h) is amended to read: 12 |
|---|
| 1215 | + | (h) If a resident has received 24-hour skilled nursing care for the 45-day limit 13 |
|---|
| 1216 | + | set by (g) of this section, the resident or the resident's representative may elect to have 14 |
|---|
| 1217 | + | the resident remain in the home without continuation of 24-hour skilled nursing care if 15 |
|---|
| 1218 | + | the home agrees to retain the resident after 16 |
|---|
| 1219 | + | (1) the home and either the resident or the resident's representative 17 |
|---|
| 1220 | + | have consulted with the resident's physician; 18 |
|---|
| 1221 | + | (2) the home and either the resident or the resident's representative 19 |
|---|
| 1222 | + | have discussed the consequences and risks involved in the election to remain in the 20 |
|---|
| 1223 | + | home; and 21 |
|---|
| 1224 | + | (3) the portion of the resident's assisted living plan that relates to 22 |
|---|
| 1225 | + | health-related services has been revised to provide for the resident's health-related 23 |
|---|
| 1226 | + | needs without the use of 24-hour skilled nursing care, and the revised plan has been 24 |
|---|
| 1227 | + | reviewed by a registered nurse licensed or holding a multistate licensure privilege 25 |
|---|
| 1228 | + | under AS 08.68, or advanced practice registered nurse licensed under AS 08.68, or by 26 |
|---|
| 1229 | + | the resident's attending physician. 27 |
|---|
| 1230 | + | * Sec. 35. AS 47.33.230(c) is amended to read: 28 |
|---|
| 1231 | + | (c) If the assisted living home provides or arranges for the provision of health- 29 |
|---|
| 1232 | + | related services to a resident, the home shall ensure that a 30 |
|---|
| 1233 | + | (1) registered nurse licensed or holding a multistate licensure 31 33-LS0447\S |
|---|
| 1234 | + | HB0149a -37- HB 149 |
|---|
| 1239 | | - | reviewed by a registered nurse licensed or holding a multistate licensure privilege 1 |
|---|
| 1240 | | - | under AS 08.68, or advanced practice registered nurse licensed under AS 08.68, or by 2 |
|---|
| 1241 | | - | the resident's attending physician. 3 |
|---|
| 1242 | | - | * Sec. 35. AS 47.33.230(c) is amended to read: 4 |
|---|
| 1243 | | - | (c) If the assisted living home provides or arranges for the provision of health- 5 |
|---|
| 1244 | | - | related services to a resident, the home shall ensure that a 6 |
|---|
| 1245 | | - | (1) registered nurse licensed or holding a multistate licensure 7 |
|---|
| 1246 | | - | privilege under AS 08.68 or advanced practice registered nurse licensed under 8 |
|---|
| 1247 | | - | AS 08.68 reviews the portion of an assisted living plan that describes how the 9 |
|---|
| 1248 | | - | resident's need for health-related services will be met; and 10 |
|---|
| 1249 | | - | (2) physician's statement about the resident is included in the plan. 11 |
|---|
| 1250 | | - | * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 12 |
|---|
| 1251 | | - | read: 13 |
|---|
| 1252 | | - | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 14 |
|---|
| 1253 | | - | Economic Development and the Board of Nursing may adopt regulations necessary to 15 |
|---|
| 1254 | | - | implement the changes made by this Act. The regulations take effect under AS 44.62 16 |
|---|
| 1255 | | - | (Administrative Procedure Act), but not before the effective date of the law implemented by 17 |
|---|
| 1256 | | - | the regulation. 18 |
|---|
| 1257 | | - | * Sec. 37. Section 36 of this Act takes effect immediately under AS 01.10.070(c). 19 |
|---|
| 1258 | | - | * Sec. 38. Except as provided in sec. 37 of this Act, this Act takes effect July 1, 2024. 20 |
|---|
| 1237 | + | privilege under AS 08.68 or advanced practice registered nurse licensed under 1 |
|---|
| 1238 | + | AS 08.68 reviews the portion of an assisted living plan that describes how the 2 |
|---|
| 1239 | + | resident's need for health-related services will be met; and 3 |
|---|
| 1240 | + | (2) physician's statement about the resident is included in the plan. 4 |
|---|
| 1241 | + | * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 5 |
|---|
| 1242 | + | read: 6 |
|---|
| 1243 | + | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 7 |
|---|
| 1244 | + | Economic Development and the Board of Nursing may adopt regulations necessary to 8 |
|---|
| 1245 | + | implement the changes made by this Act. The regulations take effect under AS 44.62 9 |
|---|
| 1246 | + | (Administrative Procedure Act), but not before the effective date of the law implemented by 10 |
|---|
| 1247 | + | the regulation. 11 |
|---|
| 1248 | + | * Sec. 37. Section 36 of this Act takes effect immediately under AS 01.10.070(c). 12 |
|---|
| 1249 | + | * Sec. 38. Except as provided in sec. 37 of this Act, this Act takes effect July 1, 2024. 13 |
|---|