Arkansas 2025 Regular Session

Arkansas House Bill HB1134 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1134 3
6	6	4
7	7	By: Representative Unger 5
8	8	6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO ADOPT THE ADVANCED PRACTICE REGISTERED 9
12	12	NURSE COMPACT IN ARKANSAS; AND FOR OTHER PURPOSES. 10
13	13	11
14	14	12
15	15	Subtitle 13
16	16	TO ADOPT THE ADVANCED PRACTICE 14
17	17	REGISTERED NURSE COMPACT IN ARKANSAS. 15
18	18	16
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
20	20	18
21	21	SECTION 1. Arkansas Code Title 17, Chapter 87, is amended to add an 19
22	22	additional subchapter to read as follows: 20
23	23	Subchapter 9 — Advanced Practice Registered Nurse Compact 21
24	24	22
25	25	17-87-901. Text of compact. 23
26	26	The Advanced Practice Registered Nurse Compact is enacted into law and 24
27	27	entered into by this state with all states legally joining therein and in the 25
28	28	form substantially as follows: 26
29	29	27
30	30	ADVANCED PRACTICE REGISTERED NURSE COMPACT 28
31	31	29
32	32	ARTICLE I 30
33	33	31
34	34	Findings and Declaration of Purpose 32
35	35	33
36	36	a. The party states find that: 34
37	37	1. The health and safety of the public are affected by the 35
38	38	degree of compliance with APRN licensure requirements and the effectiveness 36 HB1134
39	39
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41	41	of enforcement activities related to state APRN licensure laws; 1
42	42	2. Violations of APRN licensure and other laws regulating the 2
43	43	practice of nursing may result in injury or harm to the public; 3
44	44	3. The expanded mobility of APRNs and the use of advanced 4
45	45	communication and intervention technologies as part of our nation’s health 5
46	46	care delivery system require greater coordination and cooperation among 6
47	47	states in the areas of APRN licensure and regulation; 7
48	48	4. New practice modalities and technology make compliance with 8
49	49	individual state APRN licensure laws difficult and complex; 9
50	50	5. The current system of duplicative APRN licensure for APRNs 10
51	51	practicing in multiple states is cumbersome and redundant for healthcare 11
52	52	delivery systems, payors, state licensing boards, regulators and APRNs; 12
53	53	6. Uniformity of APRN licensure requirements throughout the 13
54	54	states promotes public safety and public health benefits as well as providing 14
55	55	a mechanism to increase access to care. 15
56	56	b. The general purposes of this Compact are to: 16
57	57	1. Facilitate the states’ responsibility to protect the public’s 17
58	58	health and safety; 18
59	59	2. Ensure and encourage the cooperation of party states in the 19
60	60	areas of APRN licensure and regulation, including promotion of uniform 20
61	61	licensure requirements; 21
62	62	3. Facilitate the exchange of information between party states 22
63	63	in the areas of APRN regulation, investigation and adverse actions; 23
64	64	4. Promote compliance with the laws governing APRN practice in 24
65	65	each jurisdiction; 25
66	66	5. Invest all party states with the authority to hold an APRN 26
67	67	accountable for meeting all state practice laws in the state in which the 27
68	68	patient is located at the time care is rendered through the mutual 28
69	69	recognition of party state privileges to practice; 29
70	70	6. Decrease redundancies in the consideration and issuance of 30
71	71	APRN licenses; and 31
72	72	7. Provide opportunities for interstate practice by APRNs who 32
73	73	meet uniform licensure requirements. 33
74	74	34
75	75	ARTICLE II 35
76	76	36 HB1134
77	77
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79	79	Definitions 1
80	80	As used in this Compact: 2
81	81	a. “Advanced practice registered nurse” or “APRN” means a registered 3
82	82	nurse who has gained additional specialized knowledge, skills and experience 4
83	83	through a program of study recognized or defined by the Interstate Commission 5
84	84	of APRN Compact Administrators (“Commission”), and who is licensed to perform 6
85	85	advanced nursing practice. An advanced practice registered nurse is licensed 7
86	86	in an APRN role that is congruent with an APRN educational program, 8
87	87	certification, and Commission rules. 9
88	88	b. “Adverse action” means any administrative, civil, equitable or 10
89	89	criminal action permitted by a state’s laws which is imposed by a licensing 11
90	90	board or other authority against an APRN, including actions against an 12
91	91	individual’s license or multistate licensure privilege such as revocation, 13
92	92	suspension, probation, monitoring of the licensee, limitation on the 14
93	93	licensee’s practice, or any other encumbrance on licensure affecting an 15
94	94	APRN’s authorization to practice, including the issuance of a cease and 16
95	95	desist action. 17
96	96	c. “Alternative program” means a, non -disciplinary monitoring program 18
97	97	approved by a licensing board. 19
98	98	d. “APRN licensure” means the regulatory mechanism used by a party 20
99	99	state to grant legal authority to practice as an APRN. 21
100	100	e. “APRN uniform licensure requirements" means the minimum uniform 22
101	101	licensure, education and examination requirements set forth in Article III.b 23
102	102	of this Compact. 24
103	103	f. “Coordinated licensure information system” means an integrated 25
104	104	process for collecting, storing and sharing information on APRN licensure and 26
105	105	enforcement activities related to APRN licensure laws that is administered by 27
106	106	a nonprofit organization composed of and controlled by licensing boards. 28
107	107	g. “Current significant investigatory information” means: 29
108	108	1. Investigative information that a licensing board, after a 30
109	109	preliminary inquiry that includes notification and an opportunity for the 31
110	110	APRN to respond, if required by state law, has reason to believe is not 32
111	111	groundless and, if proved true, would indicate more than a minor infraction; 33
112	112	or 34
113	113	2. Investigative information that indicates that the APRN 35
114	114	represents an immediate threat to public health and safety regardless of 36 HB1134
115	115
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117	117	whether the APRN has been notified and had an opportunity to respond. 1
118	118	h. “Encumbrance” means a revocation or suspension of, or any 2
119	119	limitation on, the full and unrestricted practice of nursing imposed by a 3
120	120	licensing board in connection with a disciplinary proceeding. 4
121	121	i. “Home state” means the party state that is the APRN’s primary state 5
122	122	of residence. 6
123	123	j. ”Licensing board” means a party state’s regulatory body responsible 7
124	124	for regulating the practice of advanced practice registered nursing. 8
125	125	k. “Multistate license” means an APRN license to practice as an APRN 9
126	126	issued by a home state licensing board that authorizes the APRN to practice 10
127	127	as an APRN in all party states under a multistate licensure privilege, in the 11
128	128	same role and population focus as the APRN is licensed in the home state. 12
129	129	l. ”Multistate licensure privilege” means a legal authorization 13
130	130	associated with an APRN multistate license that permits an APRN to practice 14
131	131	as an APRN in a remote state, in the same role and population focus as the 15
132	132	APRN is licensed in the home state. 16
133	133	m. “Non-controlled prescription drug” means a device or drug that is 17
134	134	not a controlled substance and is prohibited under state or federal law from 18
135	135	being dispensed without a prescription. The term includes a device or drug 19
136	136	that bears or is required to bear the legend “Caution: federal law prohibits 20
137	137	dispensing without prescription” or “prescription only” or other legend that 21
138	138	complies with federal law. 22
139	139	n. “Party state” means any state that has adopted this Compact. 23
140	140	o. “Population focus” means one of the six population foci of 24
141	141	family/individual across the lifespan, adult -gerontology, pediatrics, 25
142	142	neonatal, women’s health/gender -related and psych/mental health. 26
143	143	p. “Prescriptive authority” means the legal authority to prescribe 27
144	144	medications and devices as defined by party state laws. 28
145	145	q. “Remote state” means a party state that is not the home state. 29
146	146	r. “Role” means one of the four recognized roles of certified 30
147	147	registered nurse anesthetists (CRNA), certified nurse -midwives (CNM), 31
148	148	clinical nurse specialists (CNS) and certified nurse practitioners (CNP). 32
149	149	s. “Single-state license” means an APRN license issued by a party 33
150	150	state that authorizes practice only within the issuing state and does not 34
151	151	include a multistate licensure privilege to practice in any other party 35
152	152	state. 36 HB1134
153	153
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155	155	t. “State” means a state, territory or possession of the United States 1
156	156	and the District of Columbia. 2
157	157	u. “State practice laws” means a party state’s laws, rules, and 3
158	158	regulations that govern APRN practice, define the scope of advanced nursing 4
159	159	practice and create the methods and grounds for imposing discipline except 5
160	160	that prescriptive authority shall be treated in accordance with Article III.f 6
161	161	and g of this Compact. “State practice laws” does not include: 7
162	162	1. A party state’s laws, rules, and regulations requiring 8
163	163	supervision or collaboration with a healthcare professional, except for laws, 9
164	164	rules, and regulations regarding prescribing controlled substances; 10
165	165	2. the requirements necessary to obtain and retain an APRN 11
166	166	license, except for qualifications or requirements of the home state. 12
167	167	13
168	168	ARTICLE III 14
169	169	15
170	170	General Provisions and Jurisdiction 16
171	171	17
172	172	a. A state must implement procedures for considering the criminal 18
173	173	history records of applicants for initial APRN licensure or APRN licensure by 19
174	174	endorsement. Such procedures shall include the submission of fingerprints or 20
175	175	other biometric-based information by APRN applicants for the purpose of 21
176	176	obtaining an applicant’s criminal history record information from the Federal 22
177	177	Bureau of Investigation and the agency responsible for retaining that state’s 23
178	178	criminal records. 24
179	179	b. Each party state shall require an applicant to satisfy the 25
180	180	following APRN uniform licensure requirements to obtain or retain a 26
181	181	multistate license in the home state: 27
182	182	1. Meets the home state’s qualifications for licensure or 28
183	183	renewal of licensure, as well as, all other applicable state laws; 29
184	184	2. i. Has completed an accredited graduate -level education 30
185	185	program that prepares the applicant for one of the four recognized roles and 31
186	186	population foci; or 32
187	187	ii. Has completed a foreign APRN education program for one 33
188	188	of the four recognized roles and population foci that (a) has been approved 34
189	189	by the authorized accrediting body in the applicable country and (b) has been 35
190	190	verified by an independent credentials review agency to be comparable to a 36 HB1134
191	191
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193	193	licensing board-approved APRN education program; 1
194	194	3. Has, if a graduate of a foreign APRN education program not 2
195	195	taught in English or if English is not the individual’s native language, 3
196	196	successfully passed an English proficiency examination that includes the 4
197	197	components of reading, speaking, writing and listening; 5
198	198	4. Has successfully passed a national certification examination 6
199	199	that measures APRN, role and population -focused competencies and maintains 7
200	200	continued competence as evidenced by recertification in the role and 8
201	201	population focus through the national certification program; 9
202	202	5. Holds an active, unencumbered license as a registered nurse 10
203	203	and an active, unencumbered authorization to practice as an APRN; 11
204	204	6. Has successfully passed an NCLEX -RN® examination or 12
205	205	recognized predecessor, as applicable; 13
206	206	7. Has practiced for at least 2,080 hours as an APRN in a role 14
207	207	and population focus congruent with the applicant’s education and training. 15
208	208	For purposes of this section, practice shall not include hours obtained as 16
209	209	part of enrollment in an APRN education program; 17
210	210	8. Has submitted, in connection with an application for initial 18
211	211	licensure or licensure by endorsement, fingerprints or other biometric data 19
212	212	for the purpose of obtaining criminal history record information from the 20
213	213	Federal Bureau of Investigation and the agency responsible for retaining that 21
214	214	state or, if applicable, foreign country’s criminal records; 22
215	215	9. Has not been convicted or found guilty, or has entered into 23
216	216	an agreed disposition, of a felony offense under applicable state, federal or 24
217	217	foreign criminal law. 25
218	218	10. Has not been convicted or found guilty, or has entered into 26
219	219	an agreed disposition, of a misdemeanor offense related to the practice of 27
220	220	nursing as determined by factors set forth in rules adopted by the 28
221	221	Commission; 29
222	222	11. Is not currently enrolled in an alternative program; 30
223	223	12. Is subject to self -disclosure requirements regarding current 31
224	224	participation in an alternative program; and 32
225	225	13. Has a valid United States Social Security number. 33
226	226	c. An APRN issued a multistate license shall be licensed in an 34
227	227	approved role and at least one approved population focus. 35
228	228	d. An APRN multistate license issued by a home state to a resident in 36 HB1134
229	229
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231	231	that state will be recognized by each party state as authorizing the APRN to 1
232	232	practice as an APRN in each party state, under a multistate licensure 2
233	233	privilege, in the same role and population focus as the APRN is licensed in 3
234	234	the home state. 4
235	235	e. Nothing in this Compact shall affect the requirements established 5
236	236	by a party state for the issuance of a single -state license, except that an 6
237	237	individual may apply for a single -state license, instead of a multistate 7
238	238	license, even if otherwise qualified for the multistate license. However, the 8
239	239	failure of such an individual to affirmatively opt for a single state license 9
240	240	may result in the issuance of a multistate license. 10
241	241	f. Issuance of an APRN multistate license shall include prescriptive 11
242	242	authority for noncontrolled prescription drugs. 12
243	243	g. For each state in which an APRN seeks authority to prescribe 13
244	244	controlled substances, the APRN shall satisfy all requirements imposed by 14
245	245	such state in granting and/or renewing such authority. 15
246	246	h. An APRN issued a multistate license is authorized to assume 16
247	247	responsibility and accountability for patient care independent of any 17
248	248	supervisory or collaborative relationship. This authority may be exercised in 18
249	249	the home state and in any remote state in which the APRN exercises a 19
250	250	multistate licensure privilege. 20
251	251	i. All party states shall be authorized, in accordance with state due 21
252	252	process laws, to take adverse action against an APRN’s multistate licensure 22
253	253	privilege such as revocation, suspension, probation or any 23
254	254	other action that affects an APRN’s authorization to practice under a 24
255	255	multistate licensure privilege, including cease and desist actions. If a 25
256	256	party state takes such action, it shall promptly notify the administrator of 26
257	257	the coordinated licensure information system. The administrator of the 27
258	258	coordinated licensure information system shall promptly notify the home state 28
259	259	of any such actions by remote states. 29
260	260	j. Except as otherwise expressly provided in this Compact, an APRN 30
261	261	practicing in a party state must comply with the state practice laws of the 31
262	262	state in which the client is located at the time service is provided. APRN 32
263	263	practice is not limited to patient care, but shall include all advanced 33
264	264	nursing practice as defined by the state practice laws of the party state in 34
265	265	which the client is located. APRN practice in a party state under a 35
266	266	multistate licensure privilege will subject the APRN to the jurisdiction of 36 HB1134
267	267
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269	269	the licensing board, the courts, and the laws of the party state in which the 1
270	270	client is located at the time service is provided. 2
271	271	k. Except as otherwise expressly provided in this Compact, this 3
272	272	Compact does not affect additional requirements imposed by states for 4
273	273	advanced practice registered nursing. However, a multistate licensure 5
274	274	privilege to practice registered nursing granted by a party state shall be 6
275	275	recognized by other party states as satisfying any state law requirement for 7
276	276	registered nurse licensure as a precondition for authorization to practice as 8
277	277	an APRN in that state. 9
278	278	l. Individuals not residing in a party state shall continue to be able 10
279	279	to apply for a party state’s single - state APRN license as provided under the 11
280	280	laws of each party state. However, the single -state license granted to these 12
281	281	individuals will not be recognized as granting the privilege to practice as 13
282	282	an APRN in any other party state. 14
283	283	15
284	284	ARTICLE IV 16
285	285	17
286	286	Applications for APRN Licensure in a Party State 18
287	287	19
288	288	a. Upon application for an APRN multistate license, the licensing 20
289	289	board in the issuing party state shall ascertain, through the coordinated 21
290	290	licensure information system, whether the applicant has ever held or is the 22
291	291	holder of a licensed practical/vocational nursing license, a registered 23
292	292	nursing license or an advanced practice registered nurse license issued by 24
293	293	any other state, whether there are any encumbrances on any license or 25
294	294	multistate licensure privilege held by the applicant, whether any adverse 26
295	295	action has been taken against any license or multistate licensure privilege 27
296	296	held by the applicant and whether the applicant is currently participating in 28
297	297	an alternative program. 29
298	298	b. An APRN may hold a multistate APRN license, issued by the home 30
299	299	state, in only one party state at a time. 31
300	300	c. If an APRN changes primary state of residence by moving between two 32
301	301	party states, the APRN must apply for APRN licensure in the new home state, 33
302	302	and the multistate license issued by the prior home state shall be 34
303	303	deactivated in accordance with applicable Commission rules. 35
304	304	1. The APRN may apply for licensure in advance of a change in 36 HB1134
305	305
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307	307	primary state of residence. 1
308	308	2
309	309	2. A multistate APRN license shall not be issued by the new home 3
310	310	state until the APRN provides satisfactory evidence of a change in primary 4
311	311	state of residence to the new home state and satisfies all applicable 5
312	312	requirements to obtain a multistate APRN license from the new home state. 6
313	313	d. If an APRN changes primary state of residence by moving from a 7
314	314	party state to a non -party state, the APRN multistate license issued by the 8
315	315	prior home state will convert to a single -state license, valid only in the 9
316	316	former home state. 10
317	317	11
318	318	ARTICLE V 12
319	319	13
320	320	Additional Authorities Invested in Party State Licensing Boards 14
321	321	15
322	322	a. In addition to the other powers conferred by state law, a licensing 16
323	323	board shall have the authority to: 17
324	324	1. Take adverse action against an APRN’s multistate licensure 18
325	325	privilege to practice within that party state. 19
326	326	i. Only the home state shall have power to take adverse 20
327	327	action against an APRN’s license issued by the home state. 21
328	328	ii. For purposes of taking adverse action, the home state 22
329	329	licensing board shall give the same priority and effect to reported conduct 23
330	330	that occurred outside of the home state as it would if such conduct had 24
331	331	occurred within the home state. In so doing, the home state shall apply its 25
332	332	own state laws to determine appropriate action. 26
333	333	2. Issue cease and desist orders or impose an encumbrance on an 27
334	334	APRN’s authority to practice within that party state. 28
335	335	3. Complete any pending investigations of an APRN who changes 29
336	336	primary state of residence during the course of such investigations. The 30
337	337	licensing board shall also have the authority to take appropriate action(s) 31
338	338	and shall promptly report the conclusions of such investigations to the 32
339	339	administrator of the coordinated licensure information system. The 33
340	340	administrator of the coordinated licensure information system shall promptly 34
341	341	notify the new home state of any such actions. 35
342	342	4. Issue subpoenas for both hearings and investigations that 36 HB1134
343	343
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345	345	require the attendance and testimony of witnesses, as well as, the production 1
346	346	of evidence. Subpoenas issued by a party state licensing board for the 2
347	347	attendance and testimony of witnesses and/or the production of evidence from 3
348	348	another party state shall be enforced in the latter state by any court of 4
349	349	competent jurisdiction, according to that court’s practice and procedure in 5
350	350	considering subpoenas issued in its own proceedings. The issuing licensing 6
351	351	board shall pay any witness fees, travel expenses, mileage and other fees 7
352	352	required by the service statutes of the state in which the witnesses and/or 8
353	353	evidence are located. 9
354	354	5. Obtain and submit, for an APRN licensure applicant, 10
355	355	fingerprints or other biometric -based information to the Federal Bureau of 11
356	356	Investigation for criminal background checks, receive the results of the 12
357	357	Federal Bureau of Investigation record search on criminal background checks 13
358	358	and use the results in making licensure decisions. 14
359	359	6. If otherwise permitted by state law, recover from the 15
360	360	affected APRN the costs of investigations and disposition of cases resulting 16
361	361	from any adverse action taken against that APRN. 17
362	362	7. Take adverse action based on the factual findings of another 18
363	363	party state, provided that the licensing board follows its own procedures for 19
364	364	taking such adverse action. 20
365	365	b. If adverse action is taken by a home state against an APRN’s 21
366	366	multistate licensure, the privilege to practice in all other party states 22
367	367	under a multistate licensure privilege shall be deactivated until all 23
368	368	encumbrances have been removed from the APRN’s multistate license. All home 24
369	369	state disciplinary orders that impose adverse action against an APRN’s 25
370	370	multistate license shall include a statement that the APRN’s multistate 26
371	371	licensure privilege is deactivated in all party states during the pendency of 27
372	372	the order. 28
373	373	c. Nothing in this Compact shall override a party state’s decision 29
374	374	that participation in an alternative program may be used in lieu of adverse 30
375	375	action. The home state licensing board shall deactivate the multistate 31
376	376	licensure privilege under the multistate license of any APRN for the duration 32
377	377	of the APRN’s participation in an alternative program. 33
378	378	34
379	379	ARTICLE VI 35
380	380	36 HB1134
381	381
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383	383	Coordinated Licensure Information System and Exchange of Information 1
384	384	2
385	385	a. All party states shall participate in a coordinated licensure 3
386	386	information system of all APRNs, licensed registered nurses and licensed 4
387	387	practical/vocational nurses. This system will include information on the 5
388	388	licensure and disciplinary history of each APRN, as submitted by party 6
389	389	states, to assist in the coordinated administration of APRN licensure and 7
390	390	enforcement efforts. 8
391	391	b. The Commission, in consultation with the administrator of the 9
392	392	coordinated licensure information system, shall formulate necessary and 10
393	393	proper procedures for the identification, collection and exchange of 11
394	394	information under this Compact. 12
395	395	c. All licensing boards shall promptly report to the coordinated 13
396	396	licensure information system any adverse action, any current significant 14
397	397	investigative information, denials of applications (with the reasons for such 15
398	398	denials) and APRN participation in alternative programs known to the 16
399	399	licensing board regardless of whether such participation is deemed nonpublic 17
400	400	and/or confidential under state law. 18
401	401	d. Notwithstanding any other provision of law, all party state 19
402	402	licensing boards contributing information to the coordinated licensure 20
403	403	information system may designate information that may not be shared with non -21
404	404	party states or disclosed to other entities or individuals without the 22
405	405	express permission of the contributing state. 23
406	406	e. Any personally identifiable information obtained from the 24
407	407	coordinated licensure information system by a party state licensing board 25
408	408	shall not be shared with non -party states or disclosed to other entities or 26
409	409	individuals except to the extent permitted by the laws of the party state 27
410	410	contributing the information. 28
411	411	f. Any information contributed to the coordinated licensure 29
412	412	information system that is subsequently required to be expunged by the laws 30
413	413	of the party state contributing the information shall be removed from the 31
414	414	coordinated licensure information system. 32
415	415	g. The Compact administrator of each party state shall furnish a 33
416	416	uniform data set to the Compact administrator of each other party state, 34
417	417	which shall include, at a minimum: 35
418	418	1. Identifying information; 36 HB1134
419	419
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421	421	2. Licensure data; 1
422	422	3. Information related to alternative program participation 2
423	423	information; and 3
424	424	4. Other information that may facilitate the administration of 4
425	425	this Compact, as determined by Commission rules. 5
426	426	h. The Compact administrator of a party state shall provide all 6
427	427	investigative documents and information requested by another party state. 7
428	428	8
429	429	ARTICLE VII 9
430	430	10
431	431	Establishment of the Interstate Commission of APRN Compact Administrators 11
432	432	12
433	433	a. The party states hereby create and establish a joint public agency 13
434	434	known as the Interstate Commission of APRN Compact Administrators. 14
435	435	1. The Commission is an instrumentality of the party states. 15
436	436	2. Venue is proper, and judicial proceedings by or against the 16
437	437	Commission shall be brought solely and exclusively, in a court of competent 17
438	438	jurisdiction where the principal office of the Commission is located. The 18
439	439	Commission may waive venue and jurisdictional defenses to the extent it 19
440	440	adopts or consents to participate in alternative dispute resolution 20
441	441	proceedings. 21
442	442	3. Nothing in this Compact shall be construed to be a waiver of 22
443	443	sovereign immunity. 23
444	444	b. Membership, Voting and Meetings 24
445	445	1. Each party state shall have and be limited to one 25
446	446	administrator. The head of the state licensing board or designee shall be the 26
447	447	administrator of this Compact for each party state. Any administrator may be 27
448	448	removed or suspended from office as provided by the law of the state from 28
449	449	which the Administrator is appointed. Any vacancy occurring in the Commission 29
450	450	shall be filled in accordance with the laws of the party state in which the 30
451	451	vacancy exists. 31
452	452	2. Each administrator shall be entitled to one (1) vote with 32
453	453	regard to the promulgation of rules and creation of bylaws and shall 33
454	454	otherwise have an opportunity to participate in the business and affairs of 34
455	455	the Commission. An administrator shall vote in person or by such other means 35
456	456	as provided in the bylaws. The bylaws may provide for an administrator’s 36 HB1134
457	457
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459	459	participation in meetings by telephone or other means of communication. 1
460	460	3. The Commission shall meet at least once during each calendar 2
461	461	year. Additional meetings shall be held as set forth in the bylaws or rules 3
462	462	of the commission. 4
463	463	4. All meetings shall be open to the public, and public notice 5
464	464	of meetings shall be given in the same manner as required under the 6
465	465	rulemaking provisions in Article VIII. 7
466	466	5. The Commission may convene in a closed, nonpublic meeting if 8
467	467	the Commission must discuss: 9
468	468	i. Noncompliance of a party state with its obligations 10
469	469	under this Compact; 11
470	470	ii. The employment, compensation, discipline or other 12
471	471	personnel matters, practices or procedures related to specific employees or 13
472	472	other matters related to the Commission’s internal personnel practices and 14
473	473	procedures; 15
474	474	iii. Current, threatened, or reasonably anticipated 16
475	475	litigation; 17
476	476	iv. Negotiation of contracts for the purchase or sale of 18
477	477	goods, services or real estate; 19
478	478	v. Accusing any person of a crime or formally censuring 20
479	479	any person; 21
480	480	vi. Disclosure of trade secrets or commercial or financial 22
481	481	information that is privileged or confidential; 23
482	482	vii. Disclosure of information of a personal nature where 24
483	483	disclosure would constitute a clearly unwarranted invasion of personal 25
484	484	privacy; 26
485	485	viii. Disclosure of investigatory records compiled for law 27
486	486	enforcement purposes; 28
487	487	ix. Disclosure of information related to any reports 29
488	488	prepared by or on behalf of the Commission for the purpose of investigation 30
489	489	of compliance with this Compact; or 31
490	490	x. Matters specifically exempted from disclosure by 32
491	491	federal or state statute. 33
492	492	6. If a meeting, or portion of a meeting, is closed pursuant to 34
493	493	this provision, the Commission’s legal counsel or designee shall certify that 35
494	494	the meeting may be closed and shall reference each relevant exempting 36 HB1134
495	495
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497	497	provision. The Commission shall keep minutes that fully and clearly describe 1
498	498	all matters discussed in a meeting and shall provide a full and accurate 2
499	499	summary of actions taken, and the reasons therefor, including a description 3
500	500	of the views expressed. All documents considered in connection with an action 4
501	501	shall be identified in such minutes. All minutes and documents of a closed 5
502	502	meeting shall remain under seal, subject to release by a majority vote of the 6
503	503	Commission or order of a court of competent jurisdiction. 7
504	504	c. The Commission shall, by a majority vote of the administrators, 8
505	505	prescribe bylaws or rules to govern its conduct as may be necessary or 9
506	506	appropriate to carry out the purposes and exercise the powers of this 10
507	507	Compact, including but not limited to: 11
508	508	1. Establishing the fiscal year of the Commission; 12
509	509	2. Providing reasonable standards and procedures: 13
510	510	i. For the establishment and meetings of other committees; 14
511	511	and 15
512	512	ii. Governing any general or specific delegation of any 16
513	513	authority or function of the Commission. 17
514	514	3. Providing reasonable procedures for calling and conducting 18
515	515	meetings of the Commission, ensuring reasonable advance notice of all 19
516	516	meetings and providing an opportunity for attendance of such meetings by 20
517	517	interested parties, with enumerated exceptions designed to protect the 21
518	518	public’s interest, the privacy of individuals, and proprietary information, 22
519	519	including trade secrets. The Commission may meet in closed session only after 23
520	520	a majority of the administrators vote to close a meeting in whole or in part. 24
521	521	As soon as practicable, the Commission must make public a copy of the vote to 25
522	522	close the meeting revealing the vote of each administrator, with no proxy 26
523	523	votes allowed; 27
524	524	4. Establishing the titles, duties and authority and reasonable 28
525	525	procedures for the election of the officers of the Commission; 29
526	526	5. Providing reasonable standards and procedures for the 30
527	527	establishment of the personnel policies and programs of the Commission. 31
528	528	Notwithstanding any civil service or other similar laws of any party state, 32
529	529	the bylaws shall exclusively govern the personnel policies and programs of 33
530	530	the Commission; 34
531	531	6. Providing a mechanism for winding up the operations of the 35
532	532	Commission and the equitable disposition of any surplus funds that may exist 36 HB1134
533	533
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535	535	after the termination of this Compact after the payment and/or reserving of 1
536	536	all of its debts and obligations; 2
537	537	d. The Commission shall publish its bylaws and rules, and any 3
538	538	amendments thereto, in a convenient form on the website of the Commission; 4
539	539	e. The Commission shall maintain its financial records in accordance 5
540	540	with the bylaws; and 6
541	541	f. The Commission shall meet and take such actions as are consistent 7
542	542	with the provisions of this Compact and the bylaws. 8
543	543	g. The Commission shall have the following powers: 9
544	544	1. To promulgate uniform rules to facilitate and coordinate 10
545	545	implementation and administration of this Compact. The rules shall have the 11
546	546	force and effect of law and shall be binding in all party states; 12
547	547	2. To bring and prosecute legal proceedings or actions in the 13
548	548	name of the Commission, provided that the standing of any licensing board to 14
549	549	sue or be sued under applicable law shall not be affected; 15
550	550	3. To purchase and maintain insurance and bonds; 16
551	551	4. To borrow, accept or contract for services of personnel, 17
552	552	including but not limited to employees of a party state or nonprofit 18
553	553	organizations; 19
554	554	5. To cooperate with other organizations that administer state 20
555	555	compacts related to the regulation of nursing, including but not limited to 21
556	556	sharing administrative or staff expenses, office space or other resources; 22
557	557	6. To hire employees, elect or appoint officers, fix 23
558	558	compensation, define duties, grant such individuals appropriate authority to 24
559	559	carry out the purposes of this Compact, and to establish the Commission’s 25
560	560	personnel policies and programs relating to conflicts of interest, 26
561	561	qualifications of personnel and other related personnel matters; 27
562	562	7. To accept any and all appropriate donations, grants and gifts 28
563	563	of money, equipment, supplies, materials and services, and to receive, 29
564	564	utilize and dispose of the same; provided that at all times the Commission 30
565	565	shall strive to avoid any appearance of impropriety and/or conflict of 31
566	566	interest; 32
567	567	8. To lease, purchase, accept appropriate gifts or donations of, 33
568	568	or otherwise to own, hold, improve or use, any property, whether real, 34
569	569	personal or mixed; provided that at all times the Commission shall strive to 35
570	570	avoid any appearance of impropriety; 36 HB1134
571	571
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573	573	9. To sell convey, mortgage, pledge, lease, exchange, abandon or 1
574	574	otherwise dispose of any property, whether real, personal or mixed; 2
575	575	10. To establish a budget and make expenditures; 3
576	576	11. To borrow money; 4
577	577	12. To appoint committees, including advisory committees 5
578	578	comprised of administrators, state nursing regulators, state legislators or 6
579	579	their representatives, and consumer representatives, and other such 7
580	580	interested persons; 8
581	581	13. To issue advisory opinions; 9
582	582	14. To provide and receive information from, and to cooperate 10
583	583	with, law enforcement agencies; 11
584	584	15. To adopt and use an official seal; and 12
585	585	16. To perform such other functions as may be necessary or 13
586	586	appropriate to achieve the purposes of this Compact consistent with the state 14
587	587	regulation of APRN licensure and practice. 15
588	588	h. Financing of the Commission 16
589	589	1. The Commission shall pay, or provide for the payment of, the 17
590	590	reasonable expenses of its establishment, organization and ongoing 18
591	591	activities. 19
592	592	2. The Commission may also levy on and collect an annual 20
593	593	assessment from each party state to cover the cost of its operations, 21
594	594	activities and staff in its annual budget as approved each year. The 22
595	595	aggregate annual assessment amount, if any, shall be allocated based upon a 23
596	596	formula to be determined by the Commission, which shall promulgate a rule 24
597	597	that is binding upon all party states. 25
598	598	3. The Commission shall not incur obligations of any kind prior 26
599	599	to securing the funds adequate to meet the same; nor shall the Commission 27
600	600	pledge the credit of any of the party states, except by, and with the 28
601	601	authority of, such party state. 29
602	602	4. The Commission shall keep accurate accounts of all receipts 30
603	603	and disbursements. The receipts and disbursements of the Commission shall be 31
604	604	subject to the audit and accounting procedures established under its bylaws. 32
605	605	However, all receipts and disbursements of funds handled by the Commission 33
606	606	shall by audited yearly by a certified or licensed public accountant, and the 34
607	607	report of the audit shall be included in and become part of the annual report 35
608	608	of the Commission. 36 HB1134
609	609
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611	611	i. Qualified Immunity, Defense, and Indemnification 1
612	612	1. The administrators, officers, executive director, employees 2
613	613	and representatives of the Commission shall be immune from suit and 3
614	614	liability, either personally or in their official capacity, for any claim for 4
615	615	damage to or loss of property or personal injury or other civil liability 5
616	616	caused by or arising out of any actual or alleged act, error or omission that 6
617	617	occurred, or that the person against whom the claim is made had a reasonable 7
618	618	basis for believing occurred, within the scope of Commission employment, 8
619	619	duties or responsibilities; provided that nothing in this paragraph shall be 9
620	620	construed to protect any such person from suit and/or liability for any 10
621	621	damage, loss, injury or liability caused by the intentional, willful or 11
622	622	wanton misconduct of that person. 12
623	623	2. The Commission shall defend any administrator, officer, 13
624	624	executive director, employee or representative of the Commission in any civil 14
625	625	action seeking to impose liability arising out of any actual or alleged act, 15
626	626	error or omission that occurred within the scope of Commission employment, 16
627	627	duties or responsibilities, or that the person against whom the claim is made 17
628	628	had a reasonable basis for believing occurred within the scope of Commission 18
629	629	employment, duties or responsibilities; provided that nothing herein shall be 19
630	630	construed to prohibit that person from retaining his or her own counsel; and 20
631	631	provided further that the actual or alleged act, error or omission did not 21
632	632	result from that person’s intentional, willful or wanton misconduct. 22
633	633	3. The Commission shall indemnify and hold harmless any 23
634	634	administrator, officer, executive director, employee or representative of the 24
635	635	Commission for the amount of any settlement or judgment obtained against that 25
636	636	person arising out of any actual or alleged act, error or omission that 26
637	637	occurred within the scope of Commission employment, duties or 27
638	638	responsibilities, or that such person had a reasonable basis for believing 28
639	639	occurred within the scope of Commission employment, duties or 29
640	640	responsibilities, provided that the actual or alleged act, error or omission 30
641	641	did not result from the intentional, willful or wanton misconduct of that 31
642	642	person. 32
643	643	33
644	644	ARTICLE VIII 34
645	645	35
646	646	Rulemaking 36 HB1134
647	647
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649	649	1
650	650	a. The Commission shall exercise its rulemaking powers pursuant to the 2
651	651	criteria set forth in this Article and the rules adopted thereunder. Rules 3
652	652	and amendments shall become binding as of the date specified in each rule or 4
653	653	amendment and shall have the same force and effect as provisions of this 5
654	654	Compact. 6
655	655	b. Rules or amendments to the rules shall be adopted at a regular or 7
656	656	special meeting of the Commission. 8
657	657	c. Prior to promulgation and adoption of a final rule or rules by the 9
658	658	Commission, and at least sixty (60) days in advance of the meeting at which 10
659	659	the rule will be considered and voted upon, the Commission shall file a 11
660	660	notice of proposed rulemaking: 12
661	661	1. On the website of the Commission; and 13
662	662	2. On the website of each licensing board or the publication in 14
663	663	which each state would otherwise publish proposed rules. 15
664	664	d. The notice of proposed rulemaking shall include: 16
665	665	1. The proposed time, date and location of the meeting in which 17
666	666	the rule will be considered and voted upon; 18
667	667	2. The text of the proposed rule or amendment, and the reason 19
668	668	for the proposed rule; 20
669	669	3. A request for comments on the proposed rule from any 21
670	670	interested person; and 22
671	671	4. The manner in which interested persons may submit notice to 23
672	672	the Commission of their intention to attend the public hearing and any 24
673	673	written comments. 25
674	674	e. Prior to adoption of a proposed rule, the Commission shall allow 26
675	675	persons to submit written data, facts, opinions and arguments, which shall be 27
676	676	made available to the public. 28
677	677	f. The Commission shall grant an opportunity for a public hearing 29
678	678	before it adopts a rule or amendment. 30
679	679	g. The Commission shall publish the place, time, and date of the 31
680	680	scheduled public hearing. 32
681	681	1. Hearings shall be conducted in a manner providing each person 33
682	682	who wishes to comment a fair and reasonable opportunity to comment orally or 34
683	683	in writing. All hearings will be recorded, and a copy will be made available 35
684	684	upon request. 36 HB1134
685	685
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687	687	2. Nothing in this section shall be construed as requiring a 1
688	688	separate hearing on each rule. Rules may be grouped for the convenience of 2
689	689	the Commission at hearings required by this section. 3
690	690	h. If no one appears at the public hearing, the Commission may proceed 4
691	691	with promulgation of the proposed rule. 5
692	692	i. Following the scheduled hearing date, or by the close of business 6
693	693	on the scheduled hearing date if the hearing was not held, the Commission 7
694	694	shall consider all written and oral comments received. 8
695	695	j. The Commission shall, by majority vote of all administrators, take 9
696	696	final action on the proposed rule and shall determine the effective date of 10
697	697	the rule, if any, based on the rulemaking record and the full text of the 11
698	698	rule. 12
699	699	k. Upon determination that an emergency exists, the Commission may 13
700	700	consider and adopt an emergency rule without prior notice, opportunity for 14
701	701	comment, or hearing, provided that the usual rulemaking procedures provided 15
702	702	in this Compact and in this section shall be retroactively applied to the 16
703	703	rule as soon as reasonably possible, in no event later than ninety (90) days 17
704	704	after the effective date of the rule. For the purposes of this provision, an 18
705	705	emergency rule is one that must be adopted immediately in order to: 19
706	706	1. Meet an imminent threat to public health, safety or welfare; 20
707	707	2. Prevent a loss of Commission or party state funds; or 21
708	708	3. Meet a deadline for the promulgation of an administrative 22
709	709	rule that is established by federal law or rule. 23
710	710	l. The Commission may direct revisions to a previously adopted rule or 24
711	711	amendment for purposes of correcting typographical errors, errors in format, 25
712	712	errors in consistency or grammatical errors. Public notice of any revisions 26
713	713	shall be posted on the website of the Commission. The revision shall be 27
714	714	subject to challenge by any person for a period of thirty (30) days after 28
715	715	posting. The revision may be challenged only on grounds that the revision 29
716	716	results in a material change to a rule. A challenge shall be made in writing, 30
717	717	and delivered to the Commission, prior to the end of the notice period. If no 31
718	718	challenge is made, the revision will take effect without further action. If 32
719	719	the revision is challenged, the revision may not take effect without the 33
720	720	approval of the Commission. 34
721	721	35
722	722	ARTICLE IX 36 HB1134
723	723
724	724	20 01/14/2025 12:32:59 PM JMB105
725	725	1
726	726	Oversight, Dispute Resolution and Enforcement 2
727	727	3
728	728	a. Oversight 4
729	729	1. Each party state shall enforce this Compact and take all 5
730	730	actions necessary and appropriate to effectuate this Compact’s purposes and 6
731	731	intent. 7
732	732	2. The Commission shall be entitled to receive service of 8
733	733	process in any proceeding that may affect the powers, responsibilities or 9
734	734	actions of the Commission, and shall have standing to intervene in such a 10
735	735	proceeding for all purposes. Failure to provide service of process to the 11
736	736	Commission shall render a judgment or order void as to the Commission, this 12
737	737	Compact or promulgated rules. 13
738	738	b. Default, Technical Assistance and Termination 14
739	739	1. If the Commission determines that a party state has defaulted 15
740	740	in the performance of its obligations or responsibilities under this Compact 16
741	741	or the promulgated rules, the Commission shall: 17
742	742	i. Provide written notice to the defaulting state and 18
743	743	other party states of the nature of the default, the proposed means of curing 19
744	744	the default and/or any other action to be taken by the Commission; and 20
745	745	ii. Provide remedial training and specific technical 21
746	746	assistance regarding the default. 22
747	747	2. If a state in default fails to cure the default, the 23
748	748	defaulting state’s membership in this Compact may be terminated upon an 24
749	749	affirmative vote of a majority of the administrators, and all rights, 25
750	750	privileges and benefits conferred by this Compact may be terminated on the 26
751	751	effective date of termination. A cure of the default does not relieve the 27
752	752	offending state of obligations or liabilities incurred during the period of 28
753	753	default. 29
754	754	3. Termination of membership in this Compact shall be imposed 30
755	755	only after all other means of securing compliance have been exhausted. Notice 31
756	756	of intent to suspend or terminate shall be given by the Commission to the 32
757	757	governor of the defaulting state and to the executive officer of the 33
758	758	defaulting state’s licensing board, the defaulting state’s licensing board, 34
759	759	and each of the party states. 35
760	760	4. A state whose membership in this Compact has been terminated 36 HB1134
761	761
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763	763	is responsible for all assessments, obligations and liabilities incurred 1
764	764	through the effective date of termination, including obligations that extend 2
765	765	beyond the effective date of termination. 3
766	766	5. The Commission shall not bear any costs related to a state 4
767	767	that is found to be in default or whose membership in this Compact has been 5
768	768	terminated, unless agreed upon in writing between the Commission and the 6
769	769	defaulting state. 7
770	770	6. The defaulting state may appeal the action of the Commission 8
771	771	by petitioning the U.S. District Court for the District of Columbia or the 9
772	772	federal district in which the Commission has its principal offices. The 10
773	773	prevailing party shall be awarded all costs of such litigation, including 11
774	774	reasonable attorneys’ fees. 12
775	775	c. Dispute Resolution 13
776	776	1. Upon request by a party state, the Commission shall attempt 14
777	777	to resolve disputes related to the Compact that arise among party states and 15
778	778	between party and non -party states. 16
779	779	2. The Commission shall promulgate a rule providing for both 17
780	780	mediation and binding dispute resolution for disputes, as appropriate. 18
781	781	3. In the event the Commission cannot resolve disputes among 19
782	782	party states arising under this Compact: 20
783	783	i. The party states may submit the issues in dispute to an 21
784	784	arbitration panel, which will be comprised of individuals appointed by the 22
785	785	Compact administrator in each of the affected party states and an individual 23
786	786	mutually agreed upon by the Compact administrators of all the party states 24
787	787	involved in the dispute. 25
788	788	ii. The decision of a majority of the arbitrators shall be 26
789	789	final and binding. 27
790	790	d. Enforcement 28
791	791	1. The Commission, in the reasonable exercise of its discretion, 29
792	792	shall enforce the provisions and rules of this Compact. 30
793	793	2. By majority vote, the Commission may initiate legal action in 31
794	794	the United States District Court for the District of Columbia or the federal 32
795	795	district in which the Commission has its principal offices against a party 33
796	796	state that is in default to enforce compliance with the provisions of this 34
797	797	Compact and its promulgated rules and bylaws. The relief sought may include 35
798	798	both injunctive relief and damages. In the event judicial enforcement is 36 HB1134
799	799
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801	801	necessary, the prevailing party shall be awarded all costs of such 1
802	802	litigation, including reasonable attorneys’ fees. 2
803	803	3. The remedies herein shall not be the exclusive remedies of 3
804	804	the Commission. The Commission may pursue any other remedies available under 4
805	805	federal or state law. 5
806	806	6
807	807	ARTICLE X 7
808	808	8
809	809	Effective Date, Withdrawal and Amendment 9
810	810	10
811	811	a. This Compact shall come into limited effect at such time as this 11
812	812	Compact has been enacted into law in seven (7) party states for the sole 12
813	813	purpose of establishing and convening the Commission to adopt rules relating 13
814	814	to its operation. 14
815	815	b. Any state that joins this Compact subsequent to the Commission’s 15
816	816	initial adoption of the APRN uniform licensure requirements shall be subject 16
817	817	to all rules that have been previously adopted by the Commission. 17
818	818	c. Any party state may withdraw from this Compact by enacting a 18
819	819	statute repealing the same. A party state’s withdrawal shall not take effect 19
820	820	until six (6) months after enactment of the repealing statute. 20
821	821	d. A party state’s withdrawal or termination shall not affect the 21
822	822	continuing requirement of the withdrawing or terminated state’s licensing 22
823	823	board to report adverse actions and significant investigations occurring 23
824	824	prior to the effective date of such withdrawal or termination. 24
825	825	e. Nothing contained in this Compact shall be construed to invalidate 25
826	826	or prevent any APRN licensure agreement or other cooperative arrangement 26
827	827	between a party state and a non -party state that does not conflict with the 27
828	828	provisions of this Compact. 28
829	829	f. This Compact may be amended by the party states. No amendment to 29
830	830	this Compact shall become effective and binding upon any party state until it 30
831	831	is enacted into the laws of all party states. 31
832	832	g. Representatives of non -party states to this Compact shall be 32
833	833	invited to participate in the activities of the Commission, on a nonvoting 33
834	834	basis, prior to the adoption of this Compact by all states. 34
835	835	35
836	836	ARTICLE XI 36 HB1134
837	837
838	838	23 01/14/2025 12:32:59 PM JMB105
839	839	1
840	840	Construction and Severability 2
841	841	3
842	842	This Compact shall be liberally construed so as to effectuate the purposes 4
843	843	thereof. The provisions of this Compact shall be severable, and if any 5
844	844	phrase, clause, sentence or provision of this Compact is declared to be 6
845	845	contrary to the constitution of any party state or of the United States, or 7
846	846	if the applicability thereof to any government, agency, person or 8
847	847	circumstance is held invalid, the validity of the remainder of this Compact 9
848	848	and the applicability thereof to any government, agency, person or 10
849	849	circumstance shall not be affected thereby. If this Compact shall be held to 11
850	850	be contrary to the constitution of any party state, this Compact shall remain 12
851	851	in full force and effect as to the remaining party states and in full force 13
852	852	and effect as to the party state affected as to all severable matters. 14
853	853	15
854	854	17-87-902. Administration of compact — Rules. 16
855	855	(a) The Arkansas State Board of Nursing is the Advanced Practice 17
856	856	Registered Nurse Compact administrator for this state. 18
857	857	(b) The board may adopt rules that are consistent with the compact 19
858	858	necessary to implement this subchapter. 20
859	859	(c) The board is not required to adopt the rules of the Advanced 21
860	860	Practice Registered Nurse Compact Commission for those rules to be effective 22
861	861	in this state. 23
862	862	24
863	863	25
864	864	26
865	865	27
866	866	28
867	867	29
868	868	30
869	869	31
870	870	32
871	871	33
872	872	34
873	873	35
874	874	36