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