District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0069 Compare Versions

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

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5	5	Councilmember Christina Henderson Councilmember Matthew Frumin 3
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8	8	_____________________________ 6
9	9	Councilmember Brooke Pinto Councilmember Zachary Parker 7
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13	13	Councilmember Janeese Lewis George Councilmember Kenyan McDuffie 11
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17	17	Councilmember Wendell Felder 16
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22	22	A BILL 21
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26	26	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 25
27	27	26
28	28	27
29	29	To authorize the Mayor to execute and enter, on behalf of the District, the Nurse Licensure 28
30	30	Compact to permit licensed registered and licensed practical/vocational nurses in party 29
31	31	states to practice in the District and for multistate licensed nurses in the District to 30
32	32	practice in other party states; to increase the availability of licensed nurses ; to standardize 31
33	33	minimum requirements for education and training for participating compact nurses; to 32
34	34	establish requirements for the administration of interstate licenses; to join the compact 33
35	35	licensure information system; to require all compact states to share licensee information 34
36	36	with other compact states; to establish the Interstate Commission of Nurse Licensure 35
37	37	Compact Administrators; to allow the Board of Nursing to charge an additional fee for 36
38	38	the issuance of a multistate license; and to require individuals or hospitals that employ 37
39	39	nurses to report the number of multistate license holding nurses to the Board of Nursing 38
40	40	and to prepare and provide each nurse with a copy of laws and rules specific to the 39
41	41	practice of nursing in the District. 40
42	42	41 2
43	43
44	44	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 42
45	45	act may be cited as the “District of Columbia Nurse Licensure Compact Authorization Act of 43
46	46	2025”. 44
47	47	Sec. 2. Findings and declaration of purpose . 45
48	48	The nurse licensure compact is enacted into law and entered into by the District, with all 46
49	49	other party states legally joining therein in the form substantially as follows: 47
50	50	“Sec. 1. Findings a nd Declaration of Purpose: 48
51	51	(a) The party states find that: 49
52	52	(1) The health and safety of the public are affected by the degree of compliance 50
53	53	with, and the effectiveness of enforcement activities related to state nurse licensure laws; 51
54	54	(2) Violations of nurse licensure and other laws regulating the practice of nursing 52
55	55	may result in injury or harm to the public; 53
56	56	(3) The expanded mobility of nurses and the use of advanced communication 54
57	57	technologies as part of our nation’s health care delivery system require greater coordination and 55
58	58	cooperation among states in the areas of nurse licensure and regulation; 56
59	59	(4) New practice modalities and technology make compliance with individual 57
60	60	state nurse licensure laws difficult and complex; 58
61	61	(5) The current system of duplicative licensure for nurses practicing in multiple 59
62	62	states is cumbersome and redundant for both nurses and states; and 60
63	63	(6) Uniformity of nurse licensure requirements throughout the states promotes 61
64	64	public safety and public health benefits. 62
65	65	(b) The general purposes of this Compact are to: 63
66	66	(1) Facilitate the states’ responsibility to protect the public’s health and safety; 64 3
67	67
68	68	(2) Ensure and encourage the cooperation of party states in the areas of nurse 65
69	69	licensure and regulation; 66
70	70	(3) Facilitate the exchange of information between party states in the areas of 67
71	71	nurse regulation, investigation, and adverse actions; 68
72	72	(4) Promote compliance with the laws governing the practice of nursing in each 69
73	73	jurisdiction; 70
74	74	(5) Invest all party states with the authority to hold a nurse accountable for 71
75	75	meeting all state practice laws in the state in which the patient is located at the time care is 72
76	76	rendered through the mutual recognition of party state licenses; 73
77	77	(6) Decrease redundancies in the consideration and issuance of nurse licenses; and 74
78	78	(7) Provide opportunities for interstate practice by nurses who meet uniform 75
79	79	licensure requirements. 76
80	80	“Sec. 2. Definitions 77
81	81	As used in this Compact: 78
82	82	(1) “Adverse action” means any administrative, civil, equitable, or criminal action 79
83	83	permitted by a state’s laws which is imposed by a licensing board or other authority against a 80
84	84	nurse, including actions against an individual’s license or multistate licensure privilege such as 81
85	85	revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s 82
86	86	practice, or any other encumbrance on licensure affecting a nurse’s authorization to practice, 83
87	87	including issuance of a cease and desist action. 84
88	88	(2) “Alternative program” means a non-disciplinary monitoring program 85
89	89	approved by a licensing board. 86 4
90	90
91	91	(3) “Coordinated licensure information system” means an integrated process for 87
92	92	collecting, storing, and sharing information on nurse licensure and enforcement activities related 88
93	93	to nurse licensure laws, which is administered by a nonprofit organization composed of and 89
94	94	controlled by licensing boards. 90
95	95	(4) “Current significant investigative information” means: 91
96	96	(A) Investigative information that a licensing board, after a preliminary 92
97	97	inquiry that includes notification and an opportunity for the nurse to respond, if required by state 93
98	98	law, has reason to believe is not groundless and, if proved true, would indicate more than a minor 94
99	99	infraction; or 95
100	100	(B) Investigative information that indicates that the nurse represents an 96
101	101	immediate threat to public health and safety regardless of whether the nurse has been notified 97
102	102	and had an opportunity to respond 98
103	103	(5) “Encumbrance” means a revocation or suspension of, or any limitation on, the 99
104	104	full and unrestricted practice of nursing imposed by a licensing board. 100
105	105	(6) “Home state” means the party state that is the nurse’s primary state of 101
106	106	residence. 102
107	107	(7) “Licensing board” means a party state’s regulatory body responsible for 103
108	108	issuing nurse licenses. 104
109	109	(8) “Multistate license” means a license to practice as a registered nurse (RN) or a 105
110	110	licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that 106
111	111	authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. 107 5
112	112
113	113	(9) “Multistate licensure privilege” means a legal authorization associated with a 108
114	114	multistate license permitting the practice of nursing as either a registered nurse (RN) or a 109
115	115	licensed practical/vocational nurse (LPN/VN) in a remote state. 110
116	116	(10) “Nurse” means RN or LPN/VN, as those terms are defined by each party 111
117	117	state’s practice laws. 112
118	118	(11) “Party state” means any state that has adopted this Compact . 113
119	119	(12) “Remote state” means a party state, other than the home state. 114
120	120	(13) “Single-state license” means a nurse license issued by a party state that 115
121	121	authorizes practice only within the issuing state and does not include a multistate licensure 116
122	122	privilege to practice in any other party state. 117
123	123	(14) “State” means a state, commonwealth, territory , or possession of the United 118
124	124	States, and the District of Columbia. 119
125	125	(15) “State practice laws” means a party state’s laws, rules, and regulations that 120
126	126	govern the practice of nursing, define the scope of nursing practice, and create the methods and 121
127	127	grounds for imposing discipline. “State practice laws” do not include requirements necessary to 122
128	128	obtain and retain a license, except for qualifications or requirements of the home state. 123
129	129	“Sec. 3. General p rovisions and j urisdiction. 124
130	130	(a) A multistate license to practice registered or licensed practical/vocational nursing 125
131	131	issued by a home state to a resident in that state will be recognized by each party state as 126
132	132	authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational 127
133	133	nurse (LPN/VN), under a multistate licensure privilege, in each party state. 128
134	134	(b) A state must implement procedures for considering the criminal history records of 129
135	135	applicants for initial multistate license or licensure by endorsement. Such procedures shall 130 6
136	136
137	137	include the submission of fingerprints or other biometric-based information by applicants for the 131
138	138	purpose of obtaining an applicant’s criminal history record information from the Federal Bureau 132
139	139	of Investigation and the agency responsible for retaining that state’s criminal records. 133
140	140	(c) Each party state shall require the following for an applicant to obtain or retain a 134
141	141	multistate license in the home state: 135
142	142	(1) Meets the home state’s qualifications for licensure or renewal of licensure, as 136
143	143	well as, all other applicable state laws; 137
144	144	(2)(A) Has graduated or is eligible to graduate from a licensing board- approved 138
145	145	RN or LPN/VN prelicensure education program; or 139
146	146	(B) Has graduated from a foreign RN or LPN/VN prelicensure education 140
147	147	program that: 141
148	148	(i) has been approved by the authorized accrediting body in the 142
149	149	applicable country, and: 143
150	150	(ii) has been verified by an independent credentials review agency 144
151	151	to be comparable to a licensing board- approved prelicensure education program. 145
152	152	(3) Has, if a graduate of a foreign prelicensure education program not taught in 146
153	153	English or if English is not the individual’s native language, successfully passed an English 147
154	154	proficiency examination that includes the components of reading, speaking, writing and 148
155	155	listening; 149
156	156	(4) Has successfully passed an NCLEX-RN® or NCLEX- PN® Examination or 150
157	157	recognized predecessor, as applicable; 151
158	158	(5) Is eligible for or holds an active, unencumbered license; 152 7
159	159
160	160	(6) Has submitted, in connection with an application for initial licensure or 153
161	161	licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining 154
162	162	criminal history record information from the Federal Bureau of Investigation and the agency 155
163	163	responsible for retaining that state’s criminal records; 156
164	164	(7) Has not been convicted or found guilty, or has entered into an agreed 157
165	165	disposition, of a felony offense under applicable state or federal criminal law; 158
166	166	(8) Has not been convicted or found guilty, or has entered into an agreed 159
167	167	disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-160
168	168	by-case basis; 161
169	169	(9) Is not currently enrolled in an alternative program; 162
170	170	(10) Is subject to self-disclosure requirements regarding current participation in an 163
171	171	alternative program; and 164
172	172	(11) Has a valid United States Social Security number. 165
173	173	(d) All party states shall be authorized, in accordance with existing state due process law, 166
174	174	to take adverse action against a nurse’s multistate licensure privilege such as revocation, 167
175	175	suspension, probation or any other action that affects a nurse’s authorization to practice under a 168
176	176	multistate licensure privilege, including cease and desist actions. If a party state takes such 169
177	177	action, it shall promptly notify the administrator of the coordinated licensure information system. 170
178	178	The administrator of the coordinated licensure information system shall promptly notify the 171
179	179	home state of any such actions by remote states. 172
180	180	(e) A nurse practicing in a party state must comply with the state practice laws of the 173
181	181	state in which the client is located at the time service is provided. 174 8
182	182
183	183	(1) The practice of nursing is not limited to patient care, but shall include all 175
184	184	nursing practice as defined by the state practice laws of the party state in which the client is 176
185	185	located. 177
186	186	(2) The practice of nursing in a party state under a multistate licensure privilege 178
187	187	will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party 179
188	188	state in which the client is located at the time service is provided. 180
189	189	(f) Individuals not residing in a party state shall continue to be able to apply for a party 181
190	190	state’s single- state license as provided under the laws of each party state. However, the single-182
191	191	state license granted to these individuals will not be recognized as granting the privilege to 183
192	192	practice nursing in any other party state. Nothing in this Compact shall affect the requirements 184
193	193	established by a party state for the issuance of a single-state license. 185
194	194	(g) Any nurse holding a home state multistate license, on the effective date of this 186
195	195	Compact, may retain and renew the multistate license issued by the nurse’s then- current home 187
196	196	state, provided that: 188
197	197	(1) A nurse, who changes primary state of residence after this Compact’s effective 189
198	198	date, must meet all applicable Section 3( c) requirements to obtain a multistate license from a new 190
199	199	home state. 191
200	200	(2) A nurse who fails to satisfy the multistate licensure requirements in Section 192
201	201	3(c) due to a disqualifying event occurring after this Compact’s effective date shall be ineligible 193
202	202	to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or 194
203	203	deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse 195
204	204	Licensure Compact Administrators (“Commission”). 196
205	205	“Sec. 4. Applications for licensure in a p arty state. 197 9
206	206
207	207	(a) Upon application for a multistate license, the licensing board in the issuing party state 198
208	208	shall ascertain, through the coordinated licensure information system, whether the applicant has 199
209	209	ever held, or is the holder of, a license issued by any other state, whether there are any 200
210	210	encumbrances on any license or multistate licensure privilege held by the applicant, whether any 201
211	211	adverse action has been taken against any license or multistate licensure privilege held by the 202
212	212	applicant and whether the applicant is currently participating in an alternative program. 203
213	213	(b) A nurse may hold a multistate license, issued by the home state, in only one party 204
214	214	state at a time. 205
215	215	(c) If a nurse changes primary state of residence by moving between two party states, the 206
216	216	nurse must apply for licensure in the new home state, and the multistate license issued by the 207
217	217	prior home state will be deactivated in accordance with applicable rules adopted by the 208
218	218	Commission. 209
219	219	(A) The nurse may apply for licensure in advance of a change in primary state of 210
220	220	residence. 211
221	221	(B) A multistate license shall not be issued by the new home state until the nurse 212
222	222	provides satisfactory evidence of a change in primary state of residence to the new home state 213
223	223	and satisfies all applicable requirements to obtain a multistate license from the new home state. 214
224	224	(d) If a nurse changes primary state of residence by moving from a party state to a non-215
225	225	party state, the multistate license issued by the prior home state will convert to a single-state 216
226	226	license, valid only in the former home state. 217
227	227	“Sec. 5. Additional a uthorities i nvested in party s tate licensing boards . 218
228	228	(a) In addition to the other powers conferred by state law, a licensing board shall have the 219
229	229	authority to: 220 10
230	230
231	231	(1) Take adverse action against a nurse’s multistate licensure privilege to practice 221
232	232	within that party state. 222
233	233	(A) Only the home state shall have the power to take adverse action 223
234	234	against a nurse’s license issued by the home state. 224
235	235	(B) For purposes of taking adverse action, the home state licensing board 225
236	236	shall give the same priority and effect to reported conduct received from a remote state as it 226
237	237	would if such conduct had occurred within the home state. In so doing, the home state shall 227
238	238	apply its own state laws to determine appropriate action. 228
239	239	(2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority 229
240	240	to practice within that party state. 230
241	241	(3) Complete any pending investigations of a nurse who changes primary state of 231
242	242	residence during the course of such investigations. The licensing board shall also have the 232
243	243	authority to take appropriate action(s) and shall promptly report the conclusions of such 233
244	244	investigations to the administrator of the coordinated licensure information system. The 234
245	245	administrator of the coordinated licensure information system shall promptly notify the new 235
246	246	home state of any such actions. 236
247	247	(4) Issue subpoenas for both hearings and investigations that require the 237
248	248	attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued 238
249	249	by a licensing board in a party state for the attendance and testimony of witnesses or the 239
250	250	production of evidence from another party state shall be enforced in the latter state by any court 240
251	251	of competent jurisdiction, according to the practice and procedure of that court applicable to 241
252	252	subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness 242 11
253	253
254	254	fees, travel expenses, mileage and other fees required by the service statutes of the state in which 243
255	255	the witnesses or evidence are located. 244
256	256	(5) Obtain and submit, for each nurse licensure applicant, fingerprint or other 245
257	257	biometric-based information to the Federal Bureau of Investigation for criminal background 246
258	258	checks, receive the results of the Federal Bureau of Investigation record search on criminal 247
259	259	background checks and use the results in making licensure decisions. 248
260	260	(6) If otherwise permitted by state law, recover from the affected nurse the costs 249
261	261	of investigations and disposition of cases resulting from any adverse action taken against that 250
262	262	nurse. 251
263	263	(7) Take adverse action based on the factual findings of the remote state, provided 252
264	264	that the licensing board follows its own procedures for taking such adverse action. 253
265	265	(b) If adverse action is taken by the home state against a nurse’s multistate license, the 254
266	266	nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until 255
267	267	all encumbrances have been removed from the multistate license. All home state disciplinary 256
268	268	orders that impose adverse action against a nurse’s multistate license shall include a statement 257
269	269	that the nurse’s multistate licensure privilege is deactivated in all party states during the 258
270	270	pendency of the order. 259
271	271	(c) Nothing in this Compact shall override a party state’s decision that participation in an 260
272	272	alternative program may be used in lieu of adverse action. The home state licensing board shall 261
273	273	deactivate the multistate licensure privilege under the multistate license of any nurse for the 262
274	274	duration of the nurse’s participation in an alternative program. 263
275	275	“Sec. 6. Coordinated l icensure i nformation s ystem and e xchange of i nformation. 264 12
276	276
277	277	(a) All party states shall participate in a coordinated licensure information system of all 265
278	278	licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs ). This 266
279	279	system will include information on the licensure and disciplinary history of each nurse, as 267
280	280	submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. 268
281	281	(b) The Commission, in consultation with the administrator of the coordinated licensure 269
282	282	information system, shall formulate necessary and proper procedures for the identification, 270
283	283	collection and exchange of information under this Compact . 271
284	284	(c) All licensing boards shall promptly report to the coordinated licensure information 272
285	285	system any adverse action, any current significant investigative information, denials of 273
286	286	applications (with the reasons for such denials) and nurse participation in alternative programs 274
287	287	known to the licensing board regardless of whether such participation is deemed nonpublic or 275
288	288	confidential under state law. 276
289	289	(d) Current significant investigative information and participation in nonpublic or 277
290	290	confidential alternative programs shall be transmitted through the coordinated licensure 278
291	291	information system only to party state licensing boards. 279
292	292	(e) Notwithstanding any other provision of law, all party state licensing boards 280
293	293	contributing information to the coordinated licensure information system may designate 281
294	294	information that may not be shared with non- party states or disclosed to other entities or 282
295	295	individuals without the express permission of the contributing state. 283
296	296	(f) Any personally identifiable information obtained from the coordinated licensure 284
297	297	information system by a party state licensing board shall not be shared with non- party states or 285
298	298	disclosed to other entities or individuals except to the extent permitted by the laws of the party 286
299	299	state contributing the information. 287 13
300	300
301	301	(g) Any information contributed to the coordinated licensure information system that is 288
302	302	subsequently required to be expunged by the laws of the party state contributing that information 289
303	303	shall also be expunged from the coordinated licensure information system. 290
304	304	(h) The Compact administrator of each party state shall furnish a uniform data set to the 291
305	305	Compact administrator of each other party state, which shall include, at a minimum: 292
306	306	(1) Identifying information; 293
307	307	(2) Licensure data; 294
308	308	(3) Information related to alternative program participation; and 295
309	309	(4) Other information that may facilitate the administration of this Compact, as 296
310	310	determined by Commission rules. 297
311	311	(i) The Compact administrator of a party state shall provide all investigative documents 298
312	312	and information requested by another party state. 299
313	313	“Sec. 7. Establishment of the i nterstate c ommission of nurse l icensure c ompact 300
314	314	administrators. 301
315	315	(a) The party states hereby create and establish a joint public entity known as the 302
316	316	Interstate Commission of Nurse Licensure Compact Administrators: 303
317	317	(1) The Commission is an instrumentality of the party states. 304
318	318	(2) Venue is proper and judicial proceedings by or against the Commission shall 305
319	319	be brought solely and exclusively in a court of competent jurisdiction where the principal office 306
320	320	of the Commission is located. The Commission may waive venue and jurisdictional defenses to 307
321	321	the extent it adopts or consents to participate in alternative dispute resolution proceedings. 308
322	322	(3) Nothing in this Compact shall be construed to be a waiver of sovereign 309
323	323	immunity. 310 14
324	324
325	325	(b) Membership, Voting and Meetings 311
326	326	(1) Each party state shall have and be limited to one administrator. The head of 312
327	327	the state licensing board or designee shall be the administrator of this Compact for each party 313
328	328	state. Any administrator may be removed or suspended from office as provided by the law of the 314
329	329	state from which the Administrator is appointed. Any vacancy occurring in the Commission shall 315
330	330	be filled in accordance with the laws of the party state in which the vacancy exists. 316
331	331	(2) Each administrator shall be entitled to one (1) vote with regard to the 317
332	332	promulgation of rules and creation of bylaws and shall otherwise have an opportunity to 318
333	333	participate in the business and affairs of the Commission. An administrator shall vote in person 319
334	334	or by such other means as provided in the bylaws. The bylaws may provide for an 320
335	335	administrator’s participation in meetings by telephone or other means of communication. 321
336	336	(3) The Commission shall meet at least once during each calendar year. 322
337	337	Additional meetings shall be held as set forth in the bylaws or rules of the commission. 323
338	338	(4) All meetings shall be open to the public, and public notice of meetings shall be 324
339	339	given in the same manner as required under the rulemaking provisions in Section 8. 325
340	340	(5) The Commission may convene in a closed, nonpublic meeting if the 326
341	341	Commission must discuss: 327
342	342	(A) Noncompliance of a party state with its obligations under the 328
343	343	Compact; 329
344	344	(B) The employment, compensation, discipline or other personnel matters, 330
345	345	practices or procedures related to specific employees or other matters related to the 331
346	346	Commission’s internal personnel practices and procedures; 332
347	347	(C) Current, threatened or reasonably anticipated litigation; 333 15
348	348
349	349	(D) Negotiation of contracts for the purchase or sale of goods, services or 334
350	350	real estate; 335
351	351	(E) Accusing any person of a crime or formally censuring any person; 336
352	352	(F) Disclosure of trade secrets or commercial or financial information that 337
353	353	is privileged or confidential; 338
354	354	(G) Disclosure of information of a personal nature where disclosure would 339
355	355	constitute a clearly unwarranted invasion of personal privacy; 340
356	356	(H) Disclosure of investigatory records compiled for law enforcement 341
357	357	purposes; 342
358	358	(I) Disclosure of information related to any reports prepared by or on 343
359	359	behalf of the Commission for the purpose of investigation of compliance with this Compact; or 344
360	360	(J) Matters specifically exempted from disclosure by federal or state 345
361	361	statute. 346
362	362	(6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the 347
363	363	Commission’s legal counsel or designee shall certify that the meeting may be closed and shall 348
364	364	reference each relevant exempting provision. The Commission shall keep minutes that fully and 349
365	365	clearly describe all matters discussed in a meeting and shall provide a full and accurate summary 350
366	366	of actions taken, and the reasons therefor, including a description of the views expressed. All 351
367	367	documents considered in connection with an action shall be identified in such minutes. All 352
368	368	minutes and documents of a closed meeting shall remain under seal, subject to release by a 353
369	369	majority vote of the Commission or order of a court of competent jurisdiction. 354 16
370	370
371	371	(c) The Commission shall, by a majority vote of the administrators, prescribe bylaws or 355
372	372	rules to govern its conduct as may be necessary or appropriate to carry out the purposes and 356
373	373	exercise the powers of this Compact, including but not limited to: 357
374	374	(1) Establishing the fiscal year of the Commission; 358
375	375	(2) Providing reasonable standards and procedures: 359
376	376	(A) For the establishment and meetings of other committees; and 360
377	377	(B) Governing any general or specific delegation of any authority or 361
378	378	function of the Commission; 362
379	379	(3) Providing reasonable procedures for calling and conducting meetings of the 363
380	380	Commission, ensuring reasonable advance notice of all meetings and providing an opportunity 364
381	381	for attendance of such meetings by interested parties, with enumerated exceptions designed to 365
382	382	protect the public’s interest, the privacy of individuals, and proprietary information, including 366
383	383	trade secrets. The Commission may meet in closed session only after a majority of the 367
384	384	administrators vote to close a meeting in whole or in part. As soon as practicable, the 368
385	385	Commission must make public a copy of the vote to close the meeting revealing the vote of each 369
386	386	administrator, with no proxy votes allowed; 370
387	387	(4) Establishing the titles, duties and authority and reasonable procedures for the 371
388	388	election of the officers of the Commission; 372
389	389	(5) Providing reasonable standards and procedures for the establishment of the 373
390	390	personnel policies and programs of the Commission. Notwithstanding any civil service or other 374
391	391	similar laws of any party state, the bylaws shall exclusively govern the personnel policies and 375
392	392	programs of the Commission; and 376 17
393	393
394	394	(6) Providing a mechanism for winding up the operations of the Commission and 377
395	395	the equitable disposition of any surplus funds that may exist after the termination of this 378
396	396	Compact after the payment or reserving of all of its debts and obligations; 379
397	397	(d) The Commission shall publish its bylaws and rules, and any amendments thereto, in a 380
398	398	convenient form on the website of the Commission. 381
399	399	(e) The Commission shall maintain its financial records in accordance with the bylaws. 382
400	400	(f) The Commission shall meet and take such actions as are consistent with the provisions 383
401	401	of this Compact and the bylaws. 384
402	402	(g) The Commission shall have the following powers: 385
403	403	(1) To promulgate uniform rules to facilitate and coordinate implementation and 386
404	404	administration of this Compact. The rules shall have the force and effect of law and shall be 387
405	405	binding in all party states; 388
406	406	(2) To bring and prosecute legal proceedings or actions in the name of the 389
407	407	Commission, provided that the standing of any licensing board to sue or be sued under applicable 390
408	408	law shall not be affected; 391
409	409	(3) To purchase and maintain insurance and bonds; 392
410	410	(4) To borrow, accept or contract for services of personnel, including, but not 393
411	411	limited to, employees of a party state or nonprofit organizations; 394
412	412	(5) To cooperate with other organizations that administer state compacts related to 395
413	413	the regulation of nursing, including but not limited to sharing administrative or staff expenses, 396
414	414	office space or other resources; 397
415	415	(6) To hire employees, elect or appoint officers, fix compensation, define duties, 398
416	416	grant such individuals appropriate authority to carry out the purposes of this Compact, and to 399 18
417	417
418	418	establish the Commission’s personnel policies and programs relating to conflicts of interest, 400
419	419	qualifications of personnel and other related personnel matters; 401
420	420	(7) To accept any and all appropriate donations, grants and gifts of money, 402
421	421	equipment, supplies, materials and services, and to receive, utilize and dispose of the same; 403
422	422	provided that at all times the Commission shall avoid any appearance of impropriety or conflict 404
423	423	of interest; 405
424	424	(8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to 406
425	425	own, hold, improve or use, any property, whether real, personal or mixed; provided that at all 407
426	426	times the Commission shall avoid any appearance of impropriety; 408
427	427	(9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise 409
428	428	dispose of any property, whether real, personal or mixed; 410
429	429	(10) To establish a budget and make expenditures; 411
430	430	(11) To borrow money; 412
431	431	(12) To appoint committees, including advisory committees comprised of 413
432	432	administrators, state nursing regulators, state legislators or their representatives, and consumer 414
433	433	representatives, and other such interested persons; 415
434	434	(13) To provide and receive information from, and to cooperate with, law 416
435	435	enforcement agencies; 417
436	436	(14) To adopt and use an official seal; and 418
437	437	(15) To perform such other functions as may be necessary or appropriate to 419
438	438	achieve the purposes of this Compact consistent with the state regulation of nurse licensure and 420
439	439	practice. 421
440	440	(h) Financing of the Commission: 422 19
441	441
442	442	(1) The Commission shall pay, or provide for the payment of, the reasonable 423
443	443	expenses of its establishment, organization and ongoing activities. 424
444	444	(2) The Commission may also levy on and collect an annual assessment from 425
445	445	each party state to cover the cost of its operations, activities and staff in its annual budget as 426
446	446	approved each year. The aggregate annual assessment amount, if any, shall be allocated based 427
447	447	upon a formula to be determined by the Commission, which shall promulgate a rule that is 428
448	448	binding upon all party states. 429
449	449	(3) The Commission shall not incur obligations of any kind prior to securing the 430
450	450	funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party 431
451	451	states, except by, and with the authority of, such party state. 432
452	452	(4) The Commission shall keep accurate accounts of all receipts and 433
453	453	disbursements. The receipts and disbursements of the Commission shall be subject to the audit 434
454	454	and accounting procedures established under its bylaws. However, all receipts and disbursements 435
455	455	of funds handled by the Commission shall be audited yearly by a certified or licensed public 436
456	456	accountant, and the report of the audit shall be included in and become part of the annual report 437
457	457	of the Commission. 438
458	458	(i) Qualified Immunity, Defense and Indemnification: 439
459	459	(1) The administrators, officers, executive director, employees and representatives 440
460	460	of the Commission shall be immune from suit and liability, either personally or in their official 441
461	461	capacity, for any claim for damage to or loss of property or personal injury or other civil liability 442
462	462	caused by or arising out of any actual or alleged act, error or omission that occurred, or that the 443
463	463	person against whom the claim is made had a reasonable basis for believing occurred, within the 444
464	464	scope of Commission employment, duties or responsibilities; provided that nothing in this 445 20
465	465
466	466	paragraph shall be construed to protect any such person from suit or liability for any damage, 446
467	467	loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. 447
468	468	(2) The Commission shall defend any administrator, officer, executive director, 448
469	469	employee or representative of the Commission in any civil action seeking to impose liability 449
470	470	arising out of any actual or alleged act, error or omission that occurred within the scope of 450
471	471	Commission employment, duties or responsibilities, or that the person against whom the claim is 451
472	472	made had a reasonable basis for believing occurred within the scope of Commission 452
473	473	employment, duties or responsibilities; provided that nothing herein shall be construed to 453
474	474	prohibit that person from retaining his or her own counsel; and provided further that the actual or 454
475	475	alleged act, error or omission did not result from that person’s intentional, willful or wanton 455
476	476	misconduct. 456
477	477	(3) The Commission shall indemnify and hold harmless any administrator, officer, 457
478	478	executive director, employee or representative of the Commission for the amount of any 458
479	479	settlement or judgment obtained against that person arising out of any actual or alleged act, error 459
480	480	or omission that occurred within the scope of Commission employment, duties or 460
481	481	responsibilities, or that such person had a reasonable basis for believing occurred within the 461
482	482	scope of Commission employment, duties or responsibilities, provided that the actual or alleged 462
483	483	act, error or omission did not result from the intentional, willful or wanton misconduct of that 463
484	484	person. 464
485	485	“Sec. 8. Commission r ulemaking. 465
486	486	(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth 466
487	487	in this Section and the rules adopted thereunder. Rules and amendments shall become binding as 467 21
488	488
489	489	of the date specified in each rule or amendment and shall have the same force and effect as 468
490	490	provisions of this Compact. 469
491	491	(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of 470
492	492	the Commission. 471
493	493	(c) Prior to promulgation and adoption of a final rule or rules by the Commission, and at 472
494	494	least sixty (60) days in advance of the meeting at which the rule will be considered and voted 473
495	495	upon, the Commission shall file a notice of proposed rulemaking: 474
496	496	(1) On the website of the Commission, and ; 475
497	497	(2) On the website of each licensing board or the publication in which each state 476
498	498	would otherwise publish proposed rules. 477
499	499	(d) The notice of proposed rulemaking shall include: 478
500	500	(1) The proposed time, date and location of the meeting in which the rule will be 479
501	501	considered and voted upon; 480
502	502	(2) The text of the proposed rule or amendment, and the reason for the proposed 481
503	503	rule; 482
504	504	(3) A request for comments on the proposed rule from any interested person; and 483
505	505	(4) The manner in which interested persons may submit notice to the Commission 484
506	506	of their intention to attend the public hearing and any written comments. 485
507	507	(e) Prior to adoption of a proposed rule, the Commission shall allow persons to submit 486
508	508	written data, facts, opinions and arguments, which shall be made available to the public. 487
509	509	(f) The Commission shall grant an opportunity for a public hearing before it adopts a rule 488
510	510	or amendment. 489 22
511	511
512	512	(g) The Commission shall publish the place, time and date of the scheduled public 490
513	513	hearing. 491
514	514	(1) Hearings shall be conducted in a manner providing each person who wishes to 492
515	515	comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be 493
516	516	recorded, and a copy will be made available upon request. 494
517	517	(2) Nothing in this section shall be construed as requiring a separate hearing on 495
518	518	each rule. Rules may be grouped for the convenience of the Commission at hearings required by 496
519	519	this section. 497
520	520	(h) If no one appears at the public hearing, the Commission may proceed with 498
521	521	promulgation of the proposed rule. 499
522	522	(i) Following the scheduled hearing date, or by the close of business on the scheduled 500
523	523	hearing date if the hearing was not held, the Commission shall consider all written and oral 501
524	524	comments received. 502
525	525	(j) The Commission shall, by majority vote of all administrators, take final action on the 503
526	526	proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking 504
527	527	record and the full text of the rule. 505
528	528	(k) Upon determination that an emergency exists, the Commission may consider and 506
529	529	adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that 507
530	530	the usual rulemaking procedures provided in this Compact and in this section shall be 508
531	531	retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) 509
532	532	days after the effective date of the rule. For the purposes of this provision, an emergency rule is 510
533	533	one that must be adopted immediately in order to: 511
534	534	(A) Meet an imminent threat to public health, safety or welfare; 512 23
535	535
536	536	(B) Prevent a loss of Commission or party state funds; or 513
537	537	(C) Meet a deadline for the promulgation of an administrative rule that is 514
538	538	required by federal law or rule. 515
539	539	(l) The Commission may direct revisions to a previously adopted rule or amendment for 516
540	540	purposes of correcting typographical errors, errors in format, errors in consistency or 517
541	541	grammatical errors. Public notice of any revisions shall be posted on the website of the 518
542	542	Commission. The revision shall be subject to challenge by any person for a period of thirty (30) 519
543	543	days after posting. The revision may be challenged only on grounds that the revision results in a 520
544	544	material change to a rule. A challenge shall be made in writing, and delivered to the 521
545	545	Commission, prior to the end of the notice period. If no challenge is made, the revision will take 522
546	546	effect without further action. If the revision is challenged, the revision may not take effect 523
547	547	without the approval of the Commission. 524
548	548	“Sec. 9. Oversight, dispute r esolution, and e nforcement. 525
549	549	(a) Oversight: 526
550	550	(1) Each party state shall enforce this Compact and take all actions necessary and 527
551	551	appropriate to effectuate this Compact’s purposes and intent. 528
552	552	(2) The Commission shall be entitled to receive service of process in any 529
553	553	proceeding that may affect the powers, responsibilities or actions of the Commission, and shall 530
554	554	have standing to intervene in such a proceeding for all purposes. Failure to provide service of 531
555	555	process in such proceeding to the Commission shall render a judgment or order void as to the 532
556	556	Commission, this Compact or promulgated rules. 533
557	557	(b) Default, t echnical a ssistance and t ermination 534 24
558	558
559	559	(1) If the Commission determines that a party state has defaulted in the 535
560	560	performance of its obligations or responsibilities under this Compact or the promulgated rules, 536
561	561	the Commission shall: 537
562	562	(A) Provide written notice to the defaulting state and other party states of 538
563	563	the nature of the default, the proposed means of curing the default, or any other action to be 539
564	564	taken by the Commission; and 540
565	565	(B) Provide remedial training and specific technical assistance regarding 541
566	566	the default. 542
567	567	(2) If a state in default fails to cure the default, the defaulting state’s membership 543
568	568	in this Compact may be terminated upon an affirmative vote of a majority of the administrators, 544
569	569	and all rights, privileges , and benefits conferred by this Compact may be terminated on the 545
570	570	effective date of termination. A cure of the default does not relieve the offending state of 546
571	571	obligations or liabilities incurred during the period of default. 547
572	572	(3) Termination of membership in this Compact shall be imposed only after all 548
573	573	other means of securing compliance have been exhausted. Notice of intent to suspend or 549
574	574	terminate shall be given by the Commission to the governor of the defaulting state and to the 550
575	575	executive officer of the defaulting state’s licensing board and each of the party states. 551
576	576	(4) A state whose membership in this Compact has been terminated is responsible 552
577	577	for all assessments, obligations and liabilities incurred through the effective date of termination, 553
578	578	including obligations that extend beyond the effective date of termination. 554
579	579	(5) The Commission shall not bear any costs related to a state that is found to be 555
580	580	in default or whose membership in this Compact has been terminated unless agreed upon in 556
581	581	writing between the Commission and the defaulting state. 557 25
582	582
583	583	(6) The defaulting state may appeal the action of the Commission by petitioning 558
584	584	the U.S. District Court for the District of Columbia or the federal district in which the 559
585	585	Commission has its principal offices. The prevailing party shall be awarded all costs of such 560
586	586	litigation, including reasonable attorneys’ fees. 561
587	587	(c) Dispute r esolution: 562
588	588	(1) Upon request by a party state, the Commission shall attempt to resolve 563
589	589	disputes related to the Compact that arise among party states and between party and non-party 564
590	590	states. 565
591	591	(2) The Commission shall promulgate a rule providing for both mediation and 566
592	592	binding dispute resolution for disputes, as appropriate. 567
593	593	(3) In the event the Commission cannot resolve disputes among party states 568
594	594	arising under this Compact: 569
595	595	(A) The party states may submit the issues in dispute to an arbitration 570
596	596	panel, which will be comprised of individuals appointed by the Compact administrator in each of 571
597	597	the affected party states and an individual mutually agreed upon by the Compact administrators 572
598	598	of all the party states involved in the dispute. 573
599	599	(B) The decision of a majority of the arbitrators shall be final and binding. 574
600	600	(d) Enforcement: 575
601	601	(1) The Commission, in the reasonable exercise of its discretion, shall enforce the 576
602	602	provisions and rules of this Compact. 577
603	603	(2) By majority vote, the Commission may initiate legal action in the U.S. District 578
604	604	Court for the District of Columbia or the federal district in which the Commission has its 579
605	605	principal offices against a party state that is in default to enforce compliance with the provisions 580 26
606	606
607	607	of this Compact and its promulgated rules and bylaws. The relief sought may include both 581
608	608	injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party 582
609	609	shall be awarded all costs of such litigation, including reasonable attorneys’ fees. 583
610	610	584
611	611	(3) The remedies herein shall not be the exclusive remedies of the Commission. 585
612	612	The Commission may pursue any other remedies available under federal or state law. 586
613	613	“Sec. 10. Compact e ffective date, w ithdrawal, and a mendment. 587
614	614	(a) This Compact shall become effective and binding on the earlier of the date of 588
615	615	legislative enactment of this Compact into law by no less than twenty- six (26) states or 589
616	616	December 31, 2018. All party states to this Compact, that also were parties to the prior Nurse 590
617	617	Licensure Compact, superseded by this Compact, (“Prior Compact”), shall be deemed to have 591
618	618	withdrawn from said Prior Compact within six (6) months after the effective date of this 592
619	619	Compact. 593
620	620	(b) Each party state to this Compact shall continue to recognize a nurse’s multistate 594
621	621	licensure privilege to practice in that party state issued under the Prior Compact until such party 595
622	622	state has withdrawn from the Prior Compact. 596
623	623	(c) Any party state may withdraw from this Compact by enacting a statute repealing the 597
624	624	same. A party state’s withdrawal shall not take effect until six (6) months after enactment of the 598
625	625	repealing statute. 599
626	626	(d) A party state’s withdrawal or termination shall not affect the continuing requirement 600
627	627	of the withdrawing or terminated state’s licensing board to report adverse actions and significant 601
628	628	investigations occurring prior to the effective date of such withdrawal or termination. 602 27
629	629
630	630	(e) Nothing contained in this Compact shall be construed to invalidate or prevent any 603
631	631	nurse licensure agreement or other cooperative arrangement between a party state and a non-604
632	632	party state that is made in accordance with the other provisions of this Compact. 605
633	633	(f) This Compact may be amended by the party states. No amendment to this Compact 606
634	634	shall become effective and binding upon the party states unless and until it is enacted into the 607
635	635	laws of all party states. 608
636	636	(g) Representatives of non-party states Compact shall be invited to participate in the 609
637	637	activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact by all 610
638	638	states. 611
639	639	“Sec. 11. Compact c onstruction and s everability 612
640	640	(a) This Compact shall be liberally construed so as to effectuate the purposes thereof. The 613
641	641	provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision of 614
642	642	this Compact is declared to be contrary to the constitution of any party state or of the United 615
643	643	States, or if the applicability thereof to any government, agency, person or circumstance is held 616
644	644	invalid, the validity of the remainder of this Compact and the applicability thereof to any 617
645	645	government, agency, person or circumstance shall not be affected thereby. If this Compact shall 618
646	646	be held to be contrary to the constitution of any party state, this Compact shall remain in full 619
647	647	force and effect as to the remaining party states and in full force and effect as to the party state 620
648	648	affected as to all severable matters.” 621
649	649	Sec. 3.
650	650	The Mayor is authorized to appoint, with the advice and consent of the Council 622
651	651	pursuant to section 2(f) of the Confirmation Act of 1978, effective March 3, 1979, (D.C. Law 2-623
652	652	142; D.C. Official Code § 1- 523.01(f)), one administrator to the Interstate Commission of Nurse 624
653	653	Licensure Compact Administrators, pursuant to section 7(b)(1) of the Nurse Licensure Compact 625 28
654	654
655	655	(“Compact”), enacted and entered into pursuant to section 2, and one alternate administrator , 626
656	656	who may exercise voting authority in the absence of one of the District’s Administrator, pursuant 627
657	657	to section 7( b)(1) of the Compact. 628
658	658	Sec. 4. Pursuant to the requirements of D.C. Official Code §§ 47- 105 and 47- 355.01 to 629
659	659	355.08, nothing in the Compact creates an obligation of the District in anticipation of an 630
660	660	appropriation for such purpose, and the District’s legal liability for the payment of any amount 631
661	661	under the Compact does not and may not arise or obtain in advance of the lawful availability of 632
662	662	appropriated funds for the applicable fiscal year. 633
663	663	Sec. 5 A multistate license to practice as an RN, LPN, or VN issued pursuant to the 634
664	664	Compact is an option for licensure in addition to a traditional license to practice as an RN, LPN, 635
665	665	or VN issued pursuant to Title V of the Health Occupations Revision Act of 1985, effective 636
666	666	January 18, 1986, (D.C. Law 6- 99; D.C Official Code § 3- 1205.01 et seq. ). The B oard of 637
667	667	Nursing may charge a fee in excess of the traditional license fee for issuance of a multistate 638
668	668	license. The B oard of Nursing shall not pass along to a traditional license applicant or holder any 639
669	669	costs associated with entering into or administering the Compact. 640
670	670	Sec. 6 Employer r eporting and i nformation r equirements. 641
671	671	(a) A person or g overnmental entity that employs, or contracts directly or through another 642
672	672	person or governmental entity for the provision of services by a nurse holding a multistate 643
673	673	license to practice as an RN, LPN, or VN issued pursuant to the Compact shall: 644
674	674	(1) Report to the B oard of N ursing the number of nurses holding multistate 645
675	675	licenses who are employed by, or providing services for, the person or governmental entity; 646
676	676	(2) Provide each nurse holding a multistate license a copy of B oard-developed 647
677	677	information concerning laws and rules specific to the practice of nursing in the District; 648 29
678	678
679	679	(b) The B oard of Nursing shall develop information concerning laws and rules specific to 649
680	680	the practice of nursing in the District and make that information available on its internet web site 650
681	681	(c) The B oard of Nursing may adopt rules in accordance with this section. 651
682	682	Sec. 7 Nothing in the Compact shall be construed to limit, alter, or modify the following: 652
683	683	(1) Any of the terms, conditions, or provisions of a collective bargaining 653
684	684	agreement entered into by a hospital; 654
685	685	(2) The authority of the Board of N ursing to determine whether : 655
686	686	(A) An applicant for a traditional license to practice as a registered nurse 656
687	687	or as a licensed practical nurse issued pursuant to sections 503 through 506 of the Health 657
688	688	Occupations Revision Act of 1985, effective January 18, 1986, (D.C. Law 6-99; D.C Official 658
689	689	Code § 3- 1205.03 through 1205.06) meets the educational requirements therein ; 659
690	690	(B) A registered nurse or licensed practical nurse holding a license to 660
691	691	practice issued pursuant to Title V of the Health Occupations Revision Act of 1985, effective 661
692	692	January 18, 1986, (D.C. Law 6- 99; D.C Official Code § 3- 1205 et seq.) has: 662
693	693	(i) Completed the continuing education required for renewal as 663
694	694	described in section 510 of the Health Occupations Revision Act of 1985, effective January 18, 664
695	695	1986, (D.C. Law 6- 99; D.C Official Code § 3- 1205.10); or 665
696	696	(ii) Engaged in activities that exceed the practice of nursing as a 666
697	697	registered nurse or as a licensed practical nurse. 667
698	698	Sec. 8. Fiscal impact statement. 668
699	699	The Council adopts the fiscal impact statement in the committee report as the fiscal 669
700	700	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 670
701	701	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 671 30
702	702
703	703	Sec. 9. Effective date. 672
704	704	This act shall take effect following approval by the Mayor (or in the event of veto by the 673
705	705	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 674
706	706	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 675
707	707	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 676
708	708	Columbia Register. 677