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| 2 | + | SB0130A -1- SB 130 | |
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| 5 | - | 33-LS0754\ | |
| 5 | + | 33-LS0754\A | |
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| 11 | + | SENATE BILL NO. 130 | |
| 12 | 12 | ||
| 13 | 13 | IN THE LEGISLATURE OF THE STATE OF ALASKA | |
| 14 | 14 | ||
| 15 | 15 | THIRTY-THIRD LEGISLATURE - FIRST SESSION | |
| 16 | 16 | ||
| 17 | 17 | BY SENATOR OLSON | |
| 18 | 18 | ||
| 19 | - | Introduced: | |
| 19 | + | Introduced: 4/17/23 | |
| 20 | 20 | Referred: Labor & Commerce, Finance | |
| 21 | 21 | ||
| 22 | 22 | ||
| 23 | 23 | A BILL | |
| 24 | 24 | ||
| 25 | 25 | FOR AN ACT ENTITLED | |
| 26 | 26 | ||
| 27 | 27 | "An Act relating to the licensure of nursing professionals; relating to a multistate nurse 1 | |
| 28 | 28 | licensure compact; and providing for an effective date." 2 | |
| 29 | 29 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 | |
| 30 | 30 | * Section 1. AS 08.01.065(c) is amended to read: 4 | |
| 31 | 31 | (c) Except as provided in (f) - (l) [(f) - (k)] of this section, the department shall | |
| 32 | 32 | 5 | |
| 33 | 33 | establish fee levels under (a) of this section so that the total amount of fees collected 6 | |
| 34 | 34 | for an occupation approximately equals the actual regulatory costs for the occupation. 7 | |
| 35 | 35 | The department shall annually review each fee level to determine whether the 8 | |
| 36 | 36 | regulatory costs of each occupation are approximately equal to fee collections related 9 | |
| 37 | 37 | to that occupation. If the review indicates that an occupation's fee collections and 10 | |
| 38 | 38 | regulatory costs are not approximately equal, the department shall calculate fee 11 | |
| 39 | 39 | adjustments and adopt regulations under (a) of this section to implement the 12 | |
| 40 | 40 | adjustments. In January of each year, the department shall report on all fee levels and 13 | |
| 41 | - | revisions for the previous year under this subsection to the office of management and 14 33-LS0754\ | |
| 42 | - | ||
| 41 | + | revisions for the previous year under this subsection to the office of management and 14 33-LS0754\A | |
| 42 | + | SB 130 -2- SB0130A | |
| 43 | 43 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 44 | 44 | ||
| 45 | 45 | budget. If a board regulates an occupation covered by this chapter, the department 1 | |
| 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 | |
| 48 | 48 | subsection, "regulatory costs" means costs of the department that are attributable to 4 | |
| 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 | |
| 54 | 54 | * Sec. 2. AS 08.01.065 is amended by adding a new subsection to read: 10 | |
| 55 | 55 | (l) Notwithstanding (c) of this section, the department shall establish fee levels 11 | |
| 56 | 56 | under (a) of this section so that the total amount of fees collected by the department 12 | |
| 57 | 57 | for individuals issued a 13 | |
| 58 | - | (1) single-state license | |
| 59 | - | ||
| 60 | - | ||
| 61 | - | ||
| 62 | - | practicing under a | |
| 63 | - | equals the total regulatory costs to the | |
| 64 | - | practice of nursing under that license | |
| 65 | - | ||
| 66 | - | (a) | |
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| 58 | + | (1) single-state license to practice nursing approximately equals the 14 | |
| 59 | + | total regulatory costs to the department and the Board of Nursing for the practice of 15 | |
| 60 | + | nursing in the state under that license type; in this paragraph, "single-state license" has 16 | |
| 61 | + | the meaning given in AS 08.68.850; and 17 | |
| 62 | + | (2) multistate license to practice nursing or practicing under a 18 | |
| 63 | + | multistate licensure privilege approximately equals the total regulatory costs to the 19 | |
| 64 | + | department and the Board of Nursing for the practice of nursing under that license 20 | |
| 65 | + | type or privilege. 21 | |
| 66 | + | * Sec. 3. AS 08.02.110(a) is amended to read: 22 | |
| 67 | + | (a) An acupuncturist licensed under AS 08.06, an audiologist or speech-23 | |
| 68 | + | language pathologist licensed under AS 08.11, a behavior analyst licensed under 24 | |
| 69 | + | AS 08.15, a person licensed in the state as a chiropractor under AS 08.20, a 25 | |
| 70 | + | professional counselor licensed under AS 08.29, a dentist under AS 08.36, a dietitian 26 | |
| 71 | + | or nutritionist licensed under AS 08.38, a massage therapist licensed under AS 08.61, 27 | |
| 72 | + | a marital and family therapist licensed under AS 08.63, a medical practitioner or 28 | |
| 73 | + | osteopath under AS 08.64, a direct-entry midwife certified under AS 08.65, a 29 | |
| 74 | + | registered nurse licensed or holding a multistate licensure privilege under 30 | |
| 75 | + | AS 08.68 or advanced practice registered nurse licensed under AS 08.68, an 31 33-LS0754\A | |
| 76 | + | SB0130A -3- SB 130 | |
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| 79 | + | optometrist under AS 08.72, a licensed pharmacist under AS 08.80, a physical 1 | |
| 80 | + | therapist or occupational therapist licensed under AS 08.84, a psychologist under 2 | |
| 81 | + | AS 08.86, or a clinical social worker licensed under AS 08.95, shall use as 3 | |
| 82 | + | professional identification appropriate letters or a title after that person's name that 4 | |
| 83 | + | represents the person's specific field of practice. The letters or title shall appear on all 5 | |
| 84 | + | signs, stationery, or other advertising in which the person offers or displays personal 6 | |
| 85 | + | professional services to the public. In addition, a person engaged in the practice of 7 | |
| 86 | + | medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 8 | |
| 87 | + | manner in the healing arts who diagnoses, treats, tests, or counsels other persons in 9 | |
| 88 | + | relation to human health or disease and uses the letters "M.D." or the title "doctor" or 10 | |
| 89 | + | "physician" or another title that tends to show that the person is willing or qualified to 11 | |
| 90 | + | diagnose, treat, test, or counsel another person, shall clarify the letters or title by 12 | |
| 91 | + | adding the appropriate specialist designation, if any, such as "dermatologist," 13 | |
| 92 | + | "radiologist," "audiologist," "naturopath," or the like. 14 | |
| 93 | + | * Sec. 4. AS 08.02.130(j)(1) is amended to read: 15 | |
| 94 | + | (1) "health care provider" means 16 | |
| 95 | + | (A) an audiologist or speech-language pathologist licensed 17 | |
| 96 | + | under AS 08.11; a behavior analyst licensed under AS 08.15; a chiropractor 18 | |
| 97 | + | licensed under AS 08.20; a professional counselor licensed under AS 08.29; a 19 | |
| 98 | + | dental hygienist licensed under AS 08.32; a dentist licensed under AS 08.36; a 20 | |
| 99 | + | dietitian or nutritionist licensed under AS 08.38; a naturopath licensed under 21 | |
| 100 | + | AS 08.45; a marital and family therapist licensed under AS 08.63; a physician 22 | |
| 101 | + | licensed under AS 08.64; a podiatrist, osteopath, or physician assistant licensed 23 | |
| 102 | + | under AS 08.64; a direct-entry midwife certified under AS 08.65; a nurse 24 | |
| 103 | + | licensed or holding a multistate licensure privilege under AS 08.68; a 25 | |
| 104 | + | dispensing optician licensed under AS 08.71; an optometrist licensed under 26 | |
| 105 | + | AS 08.72; a pharmacist licensed under AS 08.80; a physical therapist or 27 | |
| 106 | + | occupational therapist licensed under AS 08.84; a psychologist or 28 | |
| 107 | + | psychological associate licensed under AS 08.86; or a social worker licensed 29 | |
| 108 | + | under AS 08.95; or 30 | |
| 109 | + | (B) a physician licensed in another state; 31 33-LS0754\A | |
| 110 | + | SB 130 -4- SB0130A | |
| 111 | 111 | New Text Underlined [DELETED TEXT BRACKETED] | |
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| 129 | - | Sec. 08.68. | |
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| 113 | + | * Sec. 5. AS 08.11.120(b) is amended to read: 1 | |
| 114 | + | (b) Notwithstanding the provisions of this chapter, 2 | |
| 115 | + | (1) a nurse licensed or holding a multistate licensure privilege under 3 | |
| 116 | + | AS 08.68 may perform hearing sensitivity evaluations; 4 | |
| 117 | + | (2) an individual licensed as a hearing aid dealer under AS 08.55 may 5 | |
| 118 | + | deal in hearing aids; 6 | |
| 119 | + | (3) an individual holding a class A certificate issued by the Conference 7 | |
| 120 | + | of Executives of American Schools of the Deaf may teach the hearing impaired; 8 | |
| 121 | + | (4) an individual may engage in the testing of hearing as part of a 9 | |
| 122 | + | hearing conservation program that complies with the regulations of the Occupational 10 | |
| 123 | + | Safety and Health Administration of the federal government if the individual is 11 | |
| 124 | + | certified to do the testing by a state or federal agency acceptable to the Occupational 12 | |
| 125 | + | Safety and Health Administration; 13 | |
| 126 | + | (5) an individual may perform hearing screening under AS 47.20.310 14 | |
| 127 | + | if authorized to do so under a protocol adopted under AS 47.20.310(e) by the 15 | |
| 128 | + | Department of Health. 16 | |
| 129 | + | * Sec. 6. AS 08.68.100 is amended to read: 17 | |
| 130 | + | Sec. 08.68.100. Duties and powers of board. (a) The board shall 18 | |
| 131 | + | (1) adopt regulations necessary to implement this chapter, including 19 | |
| 132 | + | regulations 20 | |
| 133 | + | (A) pertaining to practice as an advanced practice registered 21 | |
| 134 | + | nurse, including requirements for an advanced practice registered nurse to 22 | |
| 135 | + | practice as a certified registered nurse anesthetist, certified clinical nurse 23 | |
| 136 | + | specialist, certified nurse practitioner, or certified nurse midwife; regulations 24 | |
| 137 | + | for an advanced practice registered nurse who holds a valid federal Drug 25 | |
| 138 | + | Enforcement Administration registration number must address training in pain 26 | |
| 139 | + | management and opioid use and addiction; 27 | |
| 140 | + | (B) necessary to implement AS 08.68.331 - 08.68.336 relating 28 | |
| 141 | + | to certified nurse aides in order to protect the health, safety, and welfare of 29 | |
| 142 | + | clients served by nurse aides; 30 | |
| 143 | + | (C) pertaining to retired nurse status; 31 33-LS0754\A | |
| 144 | + | SB0130A -5- SB 130 | |
| 145 | 145 | New Text Underlined [DELETED TEXT BRACKETED] | |
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| 147 | + | (D) establishing criteria for approval of practical nurse 1 | |
| 148 | + | education programs that are not accredited by a national nursing accrediting 2 | |
| 149 | + | body; [AND] 3 | |
| 150 | + | (E) establishing guidelines for rendering a diagnosis, providing 4 | |
| 151 | + | treatment, or prescribing, dispensing, or administering a prescription drug to a 5 | |
| 152 | + | person without conducting a physical examination under AS 08.68.710; the 6 | |
| 153 | + | guidelines must include a nationally recognized model policy for standards of 7 | |
| 154 | + | care of a patient who is at a different location than the advanced practice 8 | |
| 155 | + | registered nurse; and 9 | |
| 156 | + | (F) necessary to implement the Multistate Nurse Licensure 10 | |
| 157 | + | Compact under AS 08.68.500; 11 | |
| 158 | + | (2) approve curricula and adopt standards for basic education programs 12 | |
| 159 | + | that prepare persons for licensing under this chapter [AS 08.68.190]; 13 | |
| 160 | + | (3) provide for surveys of the basic nursing education programs in the 14 | |
| 161 | + | state at the times it considers necessary; 15 | |
| 162 | + | (4) approve education programs that meet the requirements of this 16 | |
| 163 | + | chapter and of the board, and deny, revoke, or suspend approval of education 17 | |
| 164 | + | programs for failure to meet the requirements; 18 | |
| 165 | + | (5) examine, license, and renew the licenses of [QUALIFIED] 19 | |
| 166 | + | applicants; 20 | |
| 167 | + | (6) prescribe requirements for competence before a former registered, 21 | |
| 168 | + | advanced practice registered, or [LICENSED] practical nurse licensed under this 22 | |
| 169 | + | chapter may resume the practice of nursing [UNDER THIS CHAPTER]; 23 | |
| 170 | + | (7) define by regulation the qualifications and duties of the executive 24 | |
| 171 | + | administrator and delegate authority to the executive administrator that is necessary to 25 | |
| 172 | + | conduct board business; 26 | |
| 173 | + | (8) develop reasonable and uniform standards for nursing practice; 27 | |
| 174 | + | (9) publish advisory opinions regarding whether nursing practice 28 | |
| 175 | + | procedures or policies comply with acceptable standards of nursing practice as defined 29 | |
| 176 | + | under this chapter; 30 | |
| 177 | + | (10) require applicants under this chapter to submit fingerprints and the 31 33-LS0754\A | |
| 178 | + | SB 130 -6- SB0130A | |
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| 181 | + | fees required by the Department of Public Safety under AS 12.62.160 for criminal 1 | |
| 182 | + | justice information and a national criminal history record check; the department shall 2 | |
| 183 | + | submit the fingerprints and fees to the Department of Public Safety for a report of 3 | |
| 184 | + | criminal justice information under AS 12.62 and a national criminal history record 4 | |
| 185 | + | check under AS 12.62.400; 5 | |
| 186 | + | (11) require that a licensed advanced practice registered nurse who has 6 | |
| 187 | + | a federal Drug Enforcement Administration registration number register with the 7 | |
| 188 | + | controlled substance prescription database under AS 17.30.200(n); 8 | |
| 189 | + | (12) appoint the executive administrator of the board to serve as 9 | |
| 190 | + | the state administrator of the Interstate Commission Nurse Licensure Compact 10 | |
| 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-LS0754\A | |
| 212 | + | SB0130A -7- SB 130 | |
| 213 | 213 | New Text Underlined [DELETED TEXT BRACKETED] | |
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| 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-LS0754\A | |
| 246 | + | SB 130 -8- SB0130A | |
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| 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-LS0754\A | |
| 280 | + | SB0130A -9- SB 130 | |
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| 305 | - | ||
| 306 | - | ||
| 307 | - | ||
| 308 | - | ||
| 309 | - | ||
| 310 | - | ||
| 311 | - | ||
| 312 | - | ( | |
| 313 | - | ||
| 314 | - | ||
| 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-LS0754\A | |
| 314 | + | SB 130 -10- SB0130A | |
| 315 | 315 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 316 | 316 | ||
| 317 | - | ||
| 318 | - | ( | |
| 319 | - | ||
| 320 | - | ||
| 321 | - | ||
| 322 | - | the | |
| 323 | - | ||
| 324 | - | ||
| 325 | - | ||
| 326 | - | ||
| 327 | - | ||
| 328 | - | ||
| 329 | - | ||
| 330 | - | ||
| 331 | - | ||
| 332 | - | ||
| 333 | - | ||
| 334 | - | ||
| 335 | - | ||
| 336 | - | ||
| 337 | - | ||
| 338 | - | ||
| 339 | - | (1) The | |
| 340 | - | ||
| 341 | - | ||
| 342 | - | ||
| 343 | - | ||
| 344 | - | ||
| 345 | - | ||
| 346 | - | ||
| 347 | - | ||
| 348 | - | ||
| 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-LS0754\A | |
| 348 | + | SB0130A -11- SB 130 | |
| 349 | 349 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 350 | 350 | ||
| 351 | - | ARTICLE V 1 | |
| 352 | - | Additional Authorities Invested in Party State Licensing Boards 2 | |
| 353 | - | (a) In addition to the other powers conferred by state law, a licensing board 3 | |
| 354 | - | shall have the authority to: 4 | |
| 355 | - | (1) Take adverse action against a nurse's multistate licensure privilege 5 | |
| 356 | - | to practice within that party state. 6 | |
| 357 | - | (A) Only the home state shall have the power to take adverse 7 | |
| 358 | - | action against a nurse's license issued by the home state. 8 | |
| 359 | - | (B) For purposes of taking adverse action, the home state 9 | |
| 360 | - | licensing board shall give the same priority and effect to reported conduct 10 | |
| 361 | - | received from a remote state as it would if such conduct had occurred within 11 | |
| 362 | - | the home state. In so doing, the home state shall apply its own state laws to 12 | |
| 363 | - | determine appropriate action. 13 | |
| 364 | - | (2) Issue cease and desist orders or impose an encumbrance on a 14 | |
| 365 | - | nurse's authority to practice within that party state. 15 | |
| 366 | - | (3) Complete any pending investigations of a nurse who changes 16 | |
| 367 | - | primary state of residence during the course of such investigations. The licensing 17 | |
| 368 | - | board shall also have the authority to take appropriate action(s) and shall promptly 18 | |
| 369 | - | report the conclusions of such investigations to the administrator of the coordinated 19 | |
| 370 | - | licensure information system. The administrator of the coordinated licensure 20 | |
| 371 | - | information system shall promptly notify the new home state of any such actions. 21 | |
| 372 | - | (4) Issue subpoenas for both hearings and investigations that require 22 | |
| 373 | - | the attendance and testimony of witnesses, as well as, the production of evidence. 23 | |
| 374 | - | Subpoenas issued by a licensing board in a party state for the attendance and 24 | |
| 375 | - | testimony of witnesses or the production of evidence from another party state shall be 25 | |
| 376 | - | enforced in the latter state by any court of competent jurisdiction, according to the 26 | |
| 377 | - | practice and procedure of that court applicable to subpoenas issued in proceedings 27 | |
| 378 | - | pending before it. The issuing authority shall pay any witness fees, travel expenses, 28 | |
| 379 | - | mileage and other fees required by the service statutes of the state in which the 29 | |
| 380 | - | witnesses or evidence are located. 30 | |
| 381 | - | (5) Obtain and submit, for each nurse licensure applicant, fin | |
| 382 | - | gerprint 31 33-LS0754\S | |
| 383 | - | SSSB 130 -12- SB0130B | |
| 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-LS0754\A | |
| 382 | + | SB 130 -12- SB0130A | |
| 384 | 383 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 385 | 384 | ||
| 386 | - | ||
| 387 | - | ||
| 388 | - | ||
| 389 | - | ||
| 390 | - | ||
| 391 | - | ||
| 392 | - | ||
| 393 | - | ( | |
| 394 | - | ||
| 395 | - | ||
| 396 | - | ||
| 397 | - | ||
| 398 | - | ||
| 399 | - | ||
| 400 | - | ||
| 401 | - | ||
| 402 | - | ||
| 403 | - | ||
| 404 | - | ||
| 405 | - | ||
| 406 | - | ||
| 407 | - | ||
| 408 | - | ( | |
| 409 | - | ||
| 410 | - | ||
| 411 | - | ||
| 412 | - | ||
| 413 | - | ||
| 414 | - | ||
| 415 | - | ||
| 416 | - | ||
| 417 | - | ||
| 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-LS0754\A | |
| 416 | + | SB0130A -13- SB 130 | |
| 418 | 417 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 419 | 418 | ||
| 420 | - | ||
| 421 | - | ||
| 422 | - | ||
| 423 | - | ||
| 424 | - | ||
| 425 | - | or | |
| 426 | - | ||
| 427 | - | ( | |
| 428 | - | ||
| 429 | - | ||
| 430 | - | ||
| 431 | - | ||
| 432 | - | ||
| 433 | - | ||
| 434 | - | ||
| 435 | - | ||
| 436 | - | ||
| 437 | - | ||
| 438 | - | ||
| 439 | - | ( | |
| 440 | - | ||
| 441 | - | ||
| 442 | - | ||
| 443 | - | ||
| 444 | - | ||
| 445 | - | ( | |
| 446 | - | ||
| 447 | - | ( | |
| 448 | - | ||
| 449 | - | ||
| 450 | - | ||
| 451 | - | ||
| 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-LS0754\A | |
| 450 | + | SB 130 -14- SB0130A | |
| 452 | 451 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 453 | 452 | ||
| 454 | - | (a) | |
| 455 | - | the | |
| 456 | - | ||
| 457 | - | ||
| 458 | - | ||
| 459 | - | ||
| 460 | - | ||
| 461 | - | ||
| 462 | - | ( | |
| 463 | - | ||
| 464 | - | ( | |
| 465 | - | ( | |
| 466 | - | ||
| 467 | - | ||
| 468 | - | ||
| 469 | - | ||
| 470 | - | ||
| 471 | - | ( | |
| 472 | - | ||
| 473 | - | ||
| 474 | - | ||
| 475 | - | ||
| 476 | - | ||
| 477 | - | ( | |
| 478 | - | ||
| 479 | - | ||
| 480 | - | ||
| 481 | - | ||
| 482 | - | ||
| 483 | - | ||
| 484 | - | the | |
| 485 | - | ||
| 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-LS0754\A | |
| 484 | + | SB0130A -15- SB 130 | |
| 486 | 485 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 487 | 486 | ||
| 488 | - | ||
| 489 | - | ||
| 490 | - | ||
| 491 | - | ||
| 492 | - | ||
| 493 | - | ||
| 494 | - | ||
| 495 | - | ||
| 496 | - | ||
| 497 | - | ||
| 498 | - | ||
| 499 | - | ||
| 500 | - | ||
| 501 | - | ||
| 502 | - | ||
| 503 | - | ||
| 504 | - | ||
| 505 | - | ( | |
| 506 | - | ||
| 507 | - | ||
| 508 | - | ( | |
| 509 | - | ||
| 510 | - | ||
| 511 | - | ||
| 512 | - | ||
| 513 | - | Commission | |
| 514 | - | ||
| 515 | - | ||
| 516 | - | ||
| 517 | - | ||
| 518 | - | ||
| 519 | - | ||
| 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-LS0754\A | |
| 518 | + | SB 130 -16- SB0130A | |
| 520 | 519 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 521 | 520 | ||
| 522 | - | ||
| 523 | - | ||
| 524 | - | the | |
| 525 | - | ||
| 526 | - | ( | |
| 527 | - | ||
| 528 | - | ||
| 529 | - | ||
| 530 | - | ||
| 531 | - | ||
| 532 | - | ||
| 533 | - | ||
| 534 | - | ||
| 535 | - | ||
| 536 | - | ||
| 537 | - | ||
| 538 | - | a | |
| 539 | - | ||
| 540 | - | ||
| 541 | - | ||
| 542 | - | ||
| 543 | - | ||
| 544 | - | ||
| 545 | - | ||
| 546 | - | ||
| 547 | - | ||
| 548 | - | ||
| 549 | - | ||
| 550 | - | ||
| 551 | - | ||
| 552 | - | ||
| 553 | - | ||
| 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-LS0754\A | |
| 552 | + | SB0130A -17- SB 130 | |
| 554 | 553 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 555 | 554 | ||
| 556 | - | ||
| 557 | - | ( | |
| 558 | - | ||
| 559 | - | ( | |
| 560 | - | ||
| 561 | - | ||
| 562 | - | ||
| 563 | - | ||
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| 565 | - | ||
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| 580 | - | ||
| 581 | - | ||
| 582 | - | ||
| 583 | - | provided that | |
| 584 | - | ||
| 585 | - | ||
| 586 | - | ||
| 587 | - | ||
| 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-LS0754\A | |
| 586 | + | SB 130 -18- SB0130A | |
| 588 | 587 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 589 | 588 | ||
| 590 | - | (11) To borrow money; 1 | |
| 591 | - | (12) To appoint committees, including advisory committees comprised 2 | |
| 592 | - | of administrators, state nursing regulators, state legislators or their representatives, and 3 | |
| 593 | - | consumer representatives, and other such interested persons; 4 | |
| 594 | - | (13) To provide and receive information from, and to cooperate with, 5 | |
| 595 | - | law enforcement agencies; 6 | |
| 596 | - | (14) To adopt and use an official seal; and 7 | |
| 597 | - | (15) To perform such other functions as may be necessary or 8 | |
| 598 | - | appropriate to achieve the purposes of this Compact consistent with the state 9 | |
| 599 | - | regulation of nurse licensure and practice. 10 | |
| 600 | - | (h) Financing of the Commission 11 | |
| 601 | - | (1) The Commission shall pay, or provide for the payment of, the 12 | |
| 602 | - | reasonable expenses of its establishment, organization and ongoing activities. 13 | |
| 603 | - | (2) The Commission may also levy on and collect an annual 14 | |
| 604 | - | assessment from each party state to cover the cost of its operations, activities and staff 15 | |
| 605 | - | in its annual budget as approved each year. The aggregate annual assessment amount, 16 | |
| 606 | - | if any, shall be allocated based upon a formula to be determined by the Commission, 17 | |
| 607 | - | which shall promulgate a rule that is binding upon all party states. 18 | |
| 608 | - | (3) The Commission shall not incur obligations of any kind prior to 19 | |
| 609 | - | securing the funds adequate to meet the same; nor shall the Commission pledge the 20 | |
| 610 | - | credit of any of the party states, except by, and with the authority of, such party state. 21 | |
| 611 | - | (4) The Commission shall keep accurate accounts of all receipts and 22 | |
| 612 | - | disbursements. The receipts and disbursements of the Commission shall be subject to 23 | |
| 613 | - | the audit and accounting procedures established under its bylaws. However, all 24 | |
| 614 | - | receipts and disbursements of funds handled by the Commission shall be audited 25 | |
| 615 | - | yearly by a certified or licensed public accountant, and the report of the audit shall be 26 | |
| 616 | - | included in and become part of the annual report of the Commission. 27 | |
| 617 | - | (i) Qualified Immunity, Defense and Indemnification 28 | |
| 618 | - | (1) The administrators, officers, executive director, employees and 29 | |
| 619 | - | representatives of the Commission shall be immune from suit and liability, either 30 | |
| 620 | - | personally or in their official capacity, for any claim for damage to or loss of property 31 33-LS0754\S | |
| 621 | - | SB0130B -19- SSSB 130 | |
| 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-LS0754\A | |
| 621 | + | SB0130A -19- SB 130 | |
| 622 | 622 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 623 | 623 | ||
| 624 | - | or personal injury or other civil liability caused by or arising out of any actual or 1 | |
| 625 | - | alleged act, error or omission that occurred, or that the person against whom the claim 2 | |
| 626 | - | is made had a reasonable basis for believing occurred, within the scope of 3 | |
| 627 | - | Commission employment, duties or responsibilities; provided that nothing in this 4 | |
| 628 | - | paragraph shall be construed to protect any such person from suit or liability for any 5 | |
| 629 | - | damage, loss, injury or liability caused by the intentional, willful or wanton 6 | |
| 630 | - | misconduct of that person. 7 | |
| 631 | - | (2) The Commission shall defend any administrator, officer, executive 8 | |
| 632 | - | director, employee or representative of the Commission in any civil action seeking to 9 | |
| 633 | - | impose liability arising out of any actual or alleged act, error or omission that occurred 10 | |
| 634 | - | within the scope of Commission employment, duties or responsibilities, or that the 11 | |
| 635 | - | person against whom the claim is made had a reasonable basis for believing occurred 12 | |
| 636 | - | within the scope of Commission employment, duties or responsibilities; provided that 13 | |
| 637 | - | nothing herein shall be construed to prohibit that person from retaining his or her own 14 | |
| 638 | - | counsel; and provided further that the actual or alleged act, error or omission did not 15 | |
| 639 | - | result from that person's intentional, willful or wanton misconduct. 16 | |
| 640 | - | (3) The Commission shall indemnify and hold harmless any 17 | |
| 641 | - | administrator, officer, executive director, employee or representative of the 18 | |
| 642 | - | Commission for the amount of any settlement or judgment obtained against that 19 | |
| 643 | - | person arising out of any actual or alleged act, error or omission that occurred within 20 | |
| 644 | - | the scope of Commission employment, duties or responsibilities, or that such person 21 | |
| 645 | - | had a reasonable basis for believing occurred within the scope of Commission 22 | |
| 646 | - | employment, duties or responsibilities, provided that the actual or alleged act, error or 23 | |
| 647 | - | omission did not result from the intentional, willful or wanton misconduct of that 24 | |
| 648 | - | person. 25 | |
| 649 | - | ARTICLE VIII 26 | |
| 650 | - | Rulemaking 27 | |
| 651 | - | (a) The Commission shall exercise its rulemaking powers pursuant to the 28 | |
| 652 | - | criteria set forth in this Article and the rules adopted thereunder. Rules and 29 | |
| 653 | - | amendments shall become binding as of the date specified in each rule or amendment 30 | |
| 654 | - | and shall have the same force and effect as provisions of this | |
| 655 | - | Compact. 31 33-LS0754\S | |
| 656 | - | SSSB 130 -20- SB0130B | |
| 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-LS0754\A | |
| 655 | + | SB 130 -20- SB0130A | |
| 657 | 656 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 658 | 657 | ||
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| 660 | - | ||
| 661 | - | ||
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| 673 | - | ( | |
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| 678 | - | ||
| 679 | - | ||
| 680 | - | ( | |
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| 683 | - | ||
| 684 | - | ( | |
| 685 | - | ||
| 686 | - | ||
| 687 | - | ( | |
| 688 | - | ||
| 689 | - | ||
| 690 | - | ||
| 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-LS0754\A | |
| 689 | + | SB0130A -21- SB 130 | |
| 691 | 690 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 692 | 691 | ||
| 693 | - | ||
| 694 | - | ||
| 695 | - | ||
| 696 | - | ||
| 697 | - | ||
| 698 | - | ( | |
| 699 | - | ||
| 700 | - | ||
| 701 | - | ( | |
| 702 | - | ||
| 703 | - | or | |
| 704 | - | ||
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| 710 | - | ||
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| 712 | - | ( | |
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| 715 | - | the | |
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| 720 | - | ||
| 721 | - | ||
| 722 | - | ||
| 723 | - | ||
| 724 | - | ||
| 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-LS0754\A | |
| 723 | + | SB 130 -22- SB0130A | |
| 725 | 724 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 726 | 725 | ||
| 727 | - | ||
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| 730 | - | ||
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| 743 | - | ( | |
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| 745 | - | ( | |
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| 750 | - | ||
| 751 | - | ||
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| 754 | - | ||
| 755 | - | ||
| 756 | - | ( | |
| 757 | - | ||
| 758 | - | ||
| 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-LS0754\A | |
| 757 | + | SB0130A -23- SB 130 | |
| 759 | 758 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 760 | 759 | ||
| 761 | - | ||
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| 763 | - | ||
| 764 | - | ||
| 765 | - | ||
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| 769 | - | ||
| 770 | - | ( | |
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| 774 | - | ( | |
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| 777 | - | ||
| 778 | - | ||
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| 780 | - | ||
| 781 | - | ||
| 782 | - | ||
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| 784 | - | and | |
| 785 | - | ||
| 786 | - | ( | |
| 787 | - | ||
| 788 | - | ||
| 789 | - | ||
| 790 | - | Commission | |
| 791 | - | ||
| 792 | - | ||
| 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-LS0754\A | |
| 791 | + | SB 130 -24- SB0130A | |
| 793 | 792 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 794 | 793 | ||
| 795 | - | The relief sought may include both injunctive relief and damages. In the event judicial 1 | |
| 796 | - | enforcement is necessary, the prevailing party shall be awarded all costs of such 2 | |
| 797 | - | litigation, including reasonable attorneys' fees. 3 | |
| 798 | - | (3) The remedies herein shall not be the exclusive remedies of the 4 | |
| 799 | - | Commission. The Commission may pursue any other remedies available under federal 5 | |
| 800 | - | or state law. 6 | |
| 801 | - | ARTICLE X 7 | |
| 802 | - | Effective Date, Withdrawal and Amendment 8 | |
| 803 | - | (a) This Compact shall become effective and binding on the earlier of the date 9 | |
| 804 | - | of legislative enactment of this Compact into law by no less than twenty-six (26) states 10 | |
| 805 | - | or December 31, 2018. All party states to this Compact, that also were parties to the 11 | |
| 806 | - | prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 12 | |
| 807 | - | be deemed to have withdrawn from said Prior Compact within six (6) months after the 13 | |
| 808 | - | effective date of this Compact. 14 | |
| 809 | - | (b) Each party state to this Compact shall continue to recognize a nurse's 15 | |
| 810 | - | multistate licensure privilege to practice in that party state issued under the Prior 16 | |
| 811 | - | Compact until such party state has withdrawn from the Prior Compact. 17 | |
| 812 | - | (c) Any party state may withdraw from this Compact by enacting a statute 18 | |
| 813 | - | repealing the same. A party state's withdrawal shall not take effect until six (6) months 19 | |
| 814 | - | after enactment of the repealing statute. 20 | |
| 815 | - | (d) A party state's withdrawal or termination shall not affect the continuing 21 | |
| 816 | - | requirement of the withdrawing or terminated state's licensing board to report adverse 22 | |
| 817 | - | actions and significant investigations occurring prior to the effective date of such 23 | |
| 818 | - | withdrawal or termination. 24 | |
| 819 | - | (e) Nothing contained in this Compact shall be construed to invalidate or 25 | |
| 820 | - | prevent any nurse licensure agreement or other cooperative arrangement between a 26 | |
| 821 | - | party state and a non-party state that is made in accordance with the other provisions 27 | |
| 822 | - | of this Compact. 28 | |
| 823 | - | (f) This Compact may be amended by the party states. No amendment to this 29 | |
| 824 | - | Compact shall become effective and binding upon the party states unless and until it is 30 | |
| 825 | - | enacted into the laws of all party states. 31 33-LS0754\S | |
| 826 | - | SB0130B -25- SSSB 130 | |
| 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-LS0754\A | |
| 826 | + | SB0130A -25- SB 130 | |
| 827 | 827 | New Text Underlined [DELETED TEXT BRACKETED] | |
| 828 | 828 | ||
| 829 | - | (g) Representatives of non-party states to this Compact shall be invited to 1 | |
| 830 | - | participate in the activities of the Commission, on a nonvoting basis, prior to the 2 | |
| 831 | - | adoption of this Compact by all states. 3 | |
| 832 | - | ARTICLE XI 4 | |
| 833 | - | Construction and Severability 5 | |
| 834 | - | This Compact shall be liberally construed so as to effectuate the purposes 6 | |
| 835 | - | thereof. The provisions of this Compact shall be severable, and if any phrase, clause, 7 | |
| 836 | - | sentence or provision of this Compact is declared to be contrary to the constitution of 8 | |
| 837 | - | any party state or of the United States, or if the applicability thereof to any 9 | |
| 838 | - | government, agency, person or circumstance is held invalid, the validity of the 10 | |
| 839 | - | remainder of this Compact and the applicability thereof to any government, agency, 11 | |
| 840 | - | person or circumstance shall not be affected thereby. If this Compact shall be held to 12 | |
| 841 | - | be contrary to the constitution of any party state, this Compact shall remain in full 13 | |
| 842 | - | force and effect as to the remaining party states and in full force and effect as to the 14 | |
| 843 | - | party state affected as to all severable matters. 15 | |
| 844 | - | * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 16 | |
| 845 | - | read: 17 | |
| 846 | - | TRANSITION: REGULATIONS. The Department of Commerce, Community, and 18 | |
| 847 | - | Economic Development and the Board of Nursing may adopt regulations necessary to 19 | |
| 848 | - | implement the changes made by this Act. The regulations take effect under AS 44.62 20 | |
| 849 | - | (Administrative Procedure Act), but not before the effective date of the law implemented by 21 | |
| 850 | - | the regulation. 22 | |
| 851 | - | * Sec. 8. Section 7 of this Act takes effect immediately under AS 01.10.070(c). 23 | |
| 852 | - | * Sec. 9. Except as provided in sec. 8 of this Act, this Act takes effect July 1, 2024. 24 | |
| 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-LS0754\A | |
| 860 | + | SB 130 -26- SB0130A | |
| 861 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 862 | + | ||
| 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-LS0754\A | |
| 894 | + | SB0130A -27- SB 130 | |
| 895 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 896 | + | ||
| 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-LS0754\A | |
| 928 | + | SB 130 -28- SB0130A | |
| 929 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 930 | + | ||
| 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-LS0754\A | |
| 962 | + | SB0130A -29- SB 130 | |
| 963 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 964 | + | ||
| 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-LS0754\A | |
| 996 | + | SB 130 -30- SB0130A | |
| 997 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 998 | + | ||
| 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-LS0754\A | |
| 1030 | + | SB0130A -31- SB 130 | |
| 1031 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1032 | + | ||
| 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-LS0754\A | |
| 1064 | + | SB 130 -32- SB0130A | |
| 1065 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1066 | + | ||
| 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-LS0754\A | |
| 1098 | + | SB0130A -33- SB 130 | |
| 1099 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1100 | + | ||
| 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-LS0754\A | |
| 1132 | + | SB 130 -34- SB0130A | |
| 1133 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1134 | + | ||
| 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-LS0754\A | |
| 1166 | + | SB0130A -35- SB 130 | |
| 1167 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1168 | + | ||
| 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-LS0754\A | |
| 1200 | + | SB 130 -36- SB0130A | |
| 1201 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1202 | + | ||
| 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-LS0754\A | |
| 1234 | + | SB0130A -37- SB 130 | |
| 1235 | + | New Text Underlined [DELETED TEXT BRACKETED] | |
| 1236 | + | ||
| 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 |