Illinois 2025-2026 Regular Session

Illinois House Bill HB1652 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1652 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/50-15 was 225 ILCS 65/5-15225 ILCS 65/Art. 85 heading new225 ILCS 65/85-5 new225 ILCS 65/85-10 new225 ILCS 65/85-15 new Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact. Makes conforming changes. LRB104 07661 AAS 17705 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1652 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: 225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/50-15 was 225 ILCS 65/5-15225 ILCS 65/Art. 85 heading new225 ILCS 65/85-5 new225 ILCS 65/85-10 new225 ILCS 65/85-15 new 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/50-15 was 225 ILCS 65/5-15 225 ILCS 65/Art. 85 heading new 225 ILCS 65/85-5 new 225 ILCS 65/85-10 new 225 ILCS 65/85-15 new Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact. Makes conforming changes. LRB104 07661 AAS 17705 b LRB104 07661 AAS 17705 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1652 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
3	3	225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/50-15 was 225 ILCS 65/5-15225 ILCS 65/Art. 85 heading new225 ILCS 65/85-5 new225 ILCS 65/85-10 new225 ILCS 65/85-15 new 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/50-15 was 225 ILCS 65/5-15 225 ILCS 65/Art. 85 heading new 225 ILCS 65/85-5 new 225 ILCS 65/85-10 new 225 ILCS 65/85-15 new
4	4	225 ILCS 65/50-10 was 225 ILCS 65/5-10
5	5	225 ILCS 65/50-15 was 225 ILCS 65/5-15
6	6	225 ILCS 65/Art. 85 heading new
7	7	225 ILCS 65/85-5 new
8	8	225 ILCS 65/85-10 new
9	9	225 ILCS 65/85-15 new
10	10	Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact. Makes conforming changes.
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13	13	A BILL FOR
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15	15	HB1652 LRB104 07661 AAS 17705 b
16	16	1 AN ACT concerning regulation.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Nurse Practice Act is amended by changing
20	20	5 Sections 50-10 and 50-15 and by adding Article 85 as follows:
21	21	6 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
22	22	7 (Section scheduled to be repealed on January 1, 2028)
23	23	8 Sec. 50-10. Definitions. Each of the following terms, when
24	24	9 used in this Act, shall have the meaning ascribed to it in this
25	25	10 Section, except where the context clearly indicates otherwise:
26	26	11 "Academic year" means the customary annual schedule of
27	27	12 courses at a college, university, or approved school,
28	28	13 customarily regarded as the school year as distinguished from
29	29	14 the calendar year.
30	30	15 "Address of record" means the designated address recorded
31	31	16 by the Department in the applicant's or licensee's application
32	32	17 file or license file as maintained by the Department's
33	33	18 licensure maintenance unit.
34	34	19 "Advanced practice registered nurse" or "APRN" means a
35	35	20 person who has met the qualifications for a (i) certified
36	36	21 nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
37	37	22 (iii) certified registered nurse anesthetist (CRNA); or (iv)
38	38	23 clinical nurse specialist (CNS) and either has been licensed
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42	42	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1652 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
43	43	225 ILCS 65/50-10 was 225 ILCS 65/5-10225 ILCS 65/50-15 was 225 ILCS 65/5-15225 ILCS 65/Art. 85 heading new225 ILCS 65/85-5 new225 ILCS 65/85-10 new225 ILCS 65/85-15 new 225 ILCS 65/50-10 was 225 ILCS 65/5-10 225 ILCS 65/50-15 was 225 ILCS 65/5-15 225 ILCS 65/Art. 85 heading new 225 ILCS 65/85-5 new 225 ILCS 65/85-10 new 225 ILCS 65/85-15 new
44	44	225 ILCS 65/50-10 was 225 ILCS 65/5-10
45	45	225 ILCS 65/50-15 was 225 ILCS 65/5-15
46	46	225 ILCS 65/Art. 85 heading new
47	47	225 ILCS 65/85-5 new
48	48	225 ILCS 65/85-10 new
49	49	225 ILCS 65/85-15 new
50	50	Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact. Makes conforming changes.
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53	53	A BILL FOR
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59	59	225 ILCS 65/50-10 was 225 ILCS 65/5-10
60	60	225 ILCS 65/50-15 was 225 ILCS 65/5-15
61	61	225 ILCS 65/Art. 85 heading new
62	62	225 ILCS 65/85-5 new
63	63	225 ILCS 65/85-10 new
64	64	225 ILCS 65/85-15 new
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83	83	1 by the Department or holds a multistate license issued by a
84	84	2 party state, as those terms are defined in Article 85. All
85	85	3 advanced practice registered nurses licensed and practicing in
86	86	4 the State of Illinois shall use the title APRN and may use
87	87	5 specialty credentials CNM, CNP, CRNA, or CNS after their name.
88	88	6 All advanced practice registered nurses may only practice in
89	89	7 accordance with national certification and this Act.
90	90	8 "Advisory Board" means the Illinois Nursing Workforce
91	91	9 Center Advisory Board.
92	92	10 "Approved program of professional nursing education" and
93	93	11 "approved program of practical nursing education" are programs
94	94	12 of professional or practical nursing, respectively, approved
95	95	13 by the Department under the provisions of this Act.
96	96	14 "Board" means the Board of Nursing appointed by the
97	97	15 Secretary.
98	98	16 "Center" means the Illinois Nursing Workforce Center.
99	99	17 "Collaboration" means a process involving 2 or more health
100	100	18 care professionals working together, each contributing one's
101	101	19 respective area of expertise to provide more comprehensive
102	102	20 patient care.
103	103	21 "Competence" means an expected and measurable level of
104	104	22 performance that integrates knowledge, skills, abilities, and
105	105	23 judgment based on established scientific knowledge and
106	106	24 expectations for nursing practice.
107	107	25 "Comprehensive nursing assessment" means the gathering of
108	108	26 information about the patient's physiological, psychological,
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119	119	1 sociological, and spiritual status on an ongoing basis by a
120	120	2 registered professional nurse and is the first step in
121	121	3 implementing and guiding the nursing plan of care.
122	122	4 "Consultation" means the process whereby an advanced
123	123	5 practice registered nurse seeks the advice or opinion of
124	124	6 another health care professional.
125	125	7 "Credentialed" means the process of assessing and
126	126	8 validating the qualifications of a health care professional.
127	127	9 "Dentist" means a person licensed to practice dentistry
128	128	10 under the Illinois Dental Practice Act.
129	129	11 "Department" means the Department of Financial and
130	130	12 Professional Regulation.
131	131	13 "Email address of record" means the designated email
132	132	14 address recorded by the Department in the applicant's
133	133	15 application file or the licensee's license file, as maintained
134	134	16 by the Department's licensure maintenance unit.
135	135	17 "Focused nursing assessment" means an appraisal of an
136	136	18 individual's status and current situation, contributing to the
137	137	19 comprehensive nursing assessment performed by the registered
138	138	20 professional nurse or advanced practice registered nurse or
139	139	21 the assessment by the physician assistant, physician, dentist,
140	140	22 podiatric physician, or other licensed health care
141	141	23 professional, as determined by the Department, supporting
142	142	24 ongoing data collection, and deciding who needs to be informed
143	143	25 of the information and when to inform.
144	144	26 "Full practice authority" means the authority of an
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155	155	1 advanced practice registered nurse licensed in Illinois and
156	156	2 certified as a nurse practitioner, clinical nurse specialist,
157	157	3 or nurse midwife to practice without a written collaborative
158	158	4 agreement and:
159	159	5 (1) to be fully accountable to patients for the
160	160	6 quality of advanced nursing care rendered;
161	161	7 (2) to be fully accountable for recognizing limits of
162	162	8 knowledge and experience and for planning for the
163	163	9 management of situations beyond the advanced practice
164	164	10 registered nurse's expertise; the full practice authority
165	165	11 for advanced practice registered nurses includes accepting
166	166	12 referrals from, consulting with, collaborating with, or
167	167	13 referring to other health care professionals as warranted
168	168	14 by the needs of the patient; and
169	169	15 (3) to possess the authority to prescribe medications,
170	170	16 including Schedule II through V controlled substances, as
171	171	17 provided in Section 65-43.
172	172	18 "Full practice authority-pending advanced practice
173	173	19 registered nurse" means an advanced practice registered nurse
174	174	20 licensed in Illinois and certified as a nurse practitioner,
175	175	21 clinical nurse specialist, or nurse midwife who has provided a
176	176	22 notarized attestation of completion of at least 250 hours of
177	177	23 continuing education or training in the advanced practice
178	178	24 registered nurse's area of certification and at least 4,000
179	179	25 hours of clinical experience after first attaining national
180	180	26 certification and who has submitted an application to the
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191	191	1 Department to be granted full practice authority.
192	192	2 "Hospital affiliate" means a corporation, partnership,
193	193	3 joint venture, limited liability company, or similar
194	194	4 organization, other than a hospital, that is devoted primarily
195	195	5 to the provision, management, or support of health care
196	196	6 services and that directly or indirectly controls, is
197	197	7 controlled by, or is under common control of the hospital. For
198	198	8 the purposes of this definition, "control" means having at
199	199	9 least an equal or a majority ownership or membership interest.
200	200	10 A hospital affiliate shall be 100% owned or controlled by any
201	201	11 combination of hospitals, their parent corporations, or
202	202	12 physicians licensed to practice medicine in all its branches
203	203	13 in Illinois. "Hospital affiliate" does not include a health
204	204	14 maintenance organization regulated under the Health
205	205	15 Maintenance Organization Act.
206	206	16 "Impaired nurse" means a nurse licensed under this Act who
207	207	17 is unable to practice with reasonable skill and safety because
208	208	18 of a physical or mental disability as evidenced by a written
209	209	19 determination or written consent based on clinical evidence,
210	210	20 including loss of motor skills, abuse of drugs or alcohol, or a
211	211	21 psychiatric disorder, of sufficient degree to diminish his or
212	212	22 her ability to deliver competent patient care.
213	213	23 "License-pending advanced practice registered nurse" means
214	214	24 a registered professional nurse who has completed all
215	215	25 requirements for licensure as an advanced practice registered
216	216	26 nurse except the certification examination and has applied to
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227	227	1 take the next available certification exam and received a
228	228	2 temporary permit from the Department.
229	229	3 "License-pending registered nurse" means a person who has
230	230	4 passed the Department-approved registered nurse licensure exam
231	231	5 and has applied for a license from the Department. A
232	232	6 license-pending registered nurse shall use the title "RN lic
233	233	7 pend" on all documentation related to nursing practice.
234	234	8 "Nursing intervention" means any treatment based on
235	235	9 clinical nursing judgment or knowledge that a nurse performs.
236	236	10 An individual or entity shall not mandate that a registered
237	237	11 professional nurse delegate nursing interventions if the
238	238	12 registered professional nurse determines it is inappropriate
239	239	13 to do so. A nurse shall not be subject to disciplinary or any
240	240	14 other adverse action for refusing to delegate a nursing
241	241	15 intervention based on patient safety.
242	242	16 "Physician" means a person licensed to practice medicine
243	243	17 in all its branches under the Medical Practice Act of 1987.
244	244	18 "Podiatric physician" means a person licensed to practice
245	245	19 podiatry under the Podiatric Medical Practice Act of 1987.
246	246	20 "Practical nurse" or "licensed practical nurse" means a
247	247	21 person who practices practical nursing as defined in this Act
248	248	22 and either is licensed as a practical nurse under this Act or
249	249	23 holds a multistate license issued by a party state, as those
250	250	24 terms are defined in Article 85 and practices practical
251	251	25 nursing as defined in this Act. Only a practical nurse
252	252	26 licensed under this Act is entitled to use the title "licensed
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263	263	1 practical nurse" and the abbreviation "L.P.N.".
264	264	2 "Practical nursing" means the performance of nursing
265	265	3 interventions requiring the nursing knowledge, judgment, and
266	266	4 skill acquired by means of completion of an approved practical
267	267	5 nursing education program. Practical nursing includes
268	268	6 assisting in the nursing process under the guidance of a
269	269	7 registered professional nurse or an advanced practice
270	270	8 registered nurse. The practical nurse may work under the
271	271	9 direction of a licensed physician, dentist, podiatric
272	272	10 physician, or other health care professional determined by the
273	273	11 Department.
274	274	12 "Privileged" means the authorization granted by the
275	275	13 governing body of a healthcare facility, agency, or
276	276	14 organization to provide specific patient care services within
277	277	15 well-defined limits, based on qualifications reviewed in the
278	278	16 credentialing process.
279	279	17 "Registered Nurse" or "Registered Professional Nurse"
280	280	18 means a person who practices nursing as defined in this Act and
281	281	19 either is licensed as a professional nurse under this Act or
282	282	20 holds a multistate license issued by a party state, as those
283	283	21 terms are defined in Article 85 and practices nursing as
284	284	22 defined in this Act. Only a registered nurse licensed under
285	285	23 this Act is entitled to use the titles "registered nurse" and
286	286	24 "registered professional nurse" and the abbreviation, "R.N.".
287	287	25 "Registered professional nursing practice" means a
288	288	26 scientific process founded on a professional body of knowledge
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299	299	1 that includes, but is not limited to, the protection,
300	300	2 promotion, and optimization of health and abilities,
301	301	3 prevention of illness and injury, development and
302	302	4 implementation of the nursing plan of care, facilitation of
303	303	5 nursing interventions to alleviate suffering, care
304	304	6 coordination, and advocacy in the care of individuals,
305	305	7 families, groups, communities, and populations. "Registered
306	306	8 professional nursing practice" does not include the act of
307	307	9 medical diagnosis or prescription of medical therapeutic or
308	308	10 corrective measures.
309	309	11 "Professional assistance program for nurses" means a
310	310	12 professional assistance program that meets criteria
311	311	13 established by the Board of Nursing and approved by the
312	312	14 Secretary, which provides a non-disciplinary treatment
313	313	15 approach for nurses licensed under this Act whose ability to
314	314	16 practice is compromised by alcohol or chemical substance
315	315	17 addiction.
316	316	18 "Secretary" means the Secretary of Financial and
317	317	19 Professional Regulation.
318	318	20 "Unencumbered license" means a license issued in good
319	319	21 standing.
320	320	22 "Written collaborative agreement" means a written
321	321	23 agreement between an advanced practice registered nurse and a
322	322	24 collaborating physician, dentist, or podiatric physician
323	323	25 pursuant to Section 65-35.
324	324	26 (Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25.)
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335	335	1 (225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
336	336	2 (Section scheduled to be repealed on January 1, 2028)
337	337	3 Sec. 50-15. Policy; application of Act.
338	338	4 (a) For the protection of life and the promotion of
339	339	5 health, and the prevention of illness and communicable
340	340	6 diseases, any person practicing or offering to practice
341	341	7 advanced, professional, or practical nursing in Illinois shall
342	342	8 submit evidence that he or she is qualified to practice, and
343	343	9 shall be licensed as provided under this Act. No person shall
344	344	10 practice or offer to practice advanced, professional, or
345	345	11 practical nursing in Illinois or use any title, sign, card or
346	346	12 device to indicate that such a person is practicing
347	347	13 professional or practical nursing unless such person has been
348	348	14 licensed under the provisions of this Act.
349	349	15 (b) This Act does not prohibit the following:
350	350	16 (1) The practice of nursing in Federal employment in
351	351	17 the discharge of the employee's duties by a person who is
352	352	18 employed by the United States government or any bureau,
353	353	19 division or agency thereof and is a legally qualified and
354	354	20 licensed nurse of another state or territory and not in
355	355	21 conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
356	356	22 this Act.
357	357	23 (2) Nursing that is included in the program of study
358	358	24 by students enrolled in programs of nursing or in current
359	359	25 nurse practice update courses approved by the Department.
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370	370	1 (3) The furnishing of nursing assistance in an
371	371	2 emergency.
372	372	3 (4) The practice of nursing by a nurse who holds an
373	373	4 active license in another state when providing services to
374	374	5 patients in Illinois during a bonafide emergency or in
375	375	6 immediate preparation for or during interstate transit.
376	376	7 (5) The incidental care of the sick by members of the
377	377	8 family, domestic servants or housekeepers, or care of the
378	378	9 sick where treatment is by prayer or spiritual means.
379	379	10 (6) Persons from being employed as unlicensed
380	380	11 assistive personnel in private homes, long term care
381	381	12 facilities, nurseries, hospitals or other institutions.
382	382	13 (7) The practice of practical nursing by one who is a
383	383	14 licensed practical nurse under the laws of another U.S.
384	384	15 jurisdiction and has applied in writing to the Department,
385	385	16 in form and substance satisfactory to the Department, for
386	386	17 a license as a licensed practical nurse and who is
387	387	18 qualified to receive such license under this Act, until
388	388	19 (i) the expiration of 6 months after the filing of such
389	389	20 written application, (ii) the withdrawal of such
390	390	21 application, or (iii) the denial of such application by
391	391	22 the Department.
392	392	23 (7.5) The practice of practical nursing by one who is
393	393	24 a practical nurse under a multistate license issued by a
394	394	25 party state, as those terms are defined in Article 85, and
395	395	26 has applied in writing to the Department, in form and
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406	406	1 substance satisfactory to the Department, for a license as
407	407	2 a practical nurse and who is qualified to receive such
408	408	3 license under this Act, until (i) the expiration of 6
409	409	4 months after the filing of such written application, (ii)
410	410	5 the withdrawal of such application, or (iii) the denial of
411	411	6 such application by the Department.
412	412	7 (8) The practice of advanced practice registered
413	413	8 nursing by one who is an advanced practice registered
414	414	9 nurse under the laws of another United States jurisdiction
415	415	10 or a foreign jurisdiction and has applied in writing to
416	416	11 the Department, in form and substance satisfactory to the
417	417	12 Department, for a license as an advanced practice
418	418	13 registered nurse and who is qualified to receive such
419	419	14 license under this Act, until (i) the expiration of 6
420	420	15 months after the filing of such written application, (ii)
421	421	16 the withdrawal of such application, or (iii) the denial of
422	422	17 such application by the Department.
423	423	18 (8.5) The practice of advanced practice registered
424	424	19 nursing by one who is an advanced practice registered
425	425	20 nurse under a multistate license issued by a party state,
426	426	21 as those terms are defined in Article 85, and has applied
427	427	22 in writing to the Department, in form and substance
428	428	23 satisfactory to the Department, for a license as an
429	429	24 advanced practice registered nurse and who is qualified to
430	430	25 receive such license under this Act, until (i) the
431	431	26 expiration of 6 months after the filing of such written
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442	442	1 application, (ii) the withdrawal of such application, or
443	443	2 (iii) the denial of such application by the Department.
444	444	3 (9) The practice of professional nursing by one who is
445	445	4 a registered professional nurse under the laws of another
446	446	5 United States jurisdiction or a foreign jurisdiction and
447	447	6 has applied in writing to the Department, in form and
448	448	7 substance satisfactory to the Department, for a license as
449	449	8 a registered professional nurse and who is qualified to
450	450	9 receive such license under Section 55-10, until (1) the
451	451	10 expiration of 6 months after the filing of such written
452	452	11 application, (2) the withdrawal of such application, or
453	453	12 (3) the denial of such application by the Department.
454	454	13 (9.5) The practice of professional nursing by one who
455	455	14 is a registered professional nurse under a multistate
456	456	15 license issued by a party state, as those terms are
457	457	16 defined in Article 85, and has applied in writing to the
458	458	17 Department, in form and substance satisfactory to the
459	459	18 Department, for a license as a professional nurse and who
460	460	19 is qualified to receive such license under this Act, until
461	461	20 (i) the expiration of 6 months after the filing of such
462	462	21 written application, (ii) the withdrawal of such
463	463	22 application, or (iii) the denial of such application by
464	464	23 the Department.
465	465	24 (10) The practice of professional nursing that is
466	466	25 included in a program of study by one who is a registered
467	467	26 professional nurse under the laws of another United States
468	468
469	469
470	470
471	471
472	472
473	473	HB1652 - 12 - LRB104 07661 AAS 17705 b
474	474
475	475
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477	477	HB1652 - 13 - LRB104 07661 AAS 17705 b
478	478	1 jurisdiction or a foreign jurisdiction and who is enrolled
479	479	2 in a graduate nursing education program or a program for
480	480	3 the completion of a baccalaureate nursing degree in this
481	481	4 State, which includes clinical supervision by faculty as
482	482	5 determined by the educational institution offering the
483	483	6 program and the health care organization where the
484	484	7 practice of nursing occurs.
485	485	8 (10.5) The practice of professional nursing that is
486	486	9 included in a program of study by one who is a registered
487	487	10 professional nurse under a multistate license issued by a
488	488	11 party state, as those terms are defined in Article 85, and
489	489	12 has applied in writing to the Department, in form and
490	490	13 substance satisfactory to the Department, for a license as
491	491	14 a professional nurse and who is qualified to receive such
492	492	15 license under this Act, until (i) the expiration of 6
493	493	16 months after the filing of such written application, (ii)
494	494	17 the withdrawal of such application, or (iii) the denial of
495	495	18 such application by the Department.
496	496	19 (11) Any person licensed in this State under any other
497	497	20 Act from engaging in the practice for which she or he is
498	498	21 licensed.
499	499	22 (12) Delegation to authorized direct care staff
500	500	23 trained under Section 15.4 of the Mental Health and
501	501	24 Developmental Disabilities Administrative Act consistent
502	502	25 with the policies of the Department.
503	503	26 (13) (Blank).
504	504
505	505
506	506
507	507
508	508
509	509	HB1652 - 13 - LRB104 07661 AAS 17705 b
510	510
511	511
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513	513	HB1652 - 14 - LRB104 07661 AAS 17705 b
514	514	1 (14) County correctional personnel from delivering
515	515	2 prepackaged medication for self-administration to an
516	516	3 individual detainee in a correctional facility.
517	517	4 Nothing in this Act shall be construed to limit the
518	518	5 delegation of tasks or duties by a physician, dentist, or
519	519	6 podiatric physician to a licensed practical nurse, a
520	520	7 registered professional nurse, or other persons.
521	521	8 (Source: P.A. 100-513, eff. 1-1-18.)
522	522	9 (225 ILCS 65/Art. 85 heading new)
523	523	10 ARTICLE 85. NURSE LICENSURE COMPACT
524	524	11 (225 ILCS 65/85-5 new)
525	525	12 Sec. 85-5. Nurse Licensure Compact. The State of Illinois
526	526	13 ratifies and approves the following Compact:
527	527	14 ARTICLE I
528	528	15 Findings and Declaration of Purpose
529	529	16 a. The party states find that:
530	530	17 1. The health and safety of the public are affected by
531	531	18 the degree of compliance with and the effectiveness of
532	532	19 enforcement activities related to state nurse licensure
533	533	20 laws;
534	534	21 2. Violations of nurse licensure and other laws
535	535	22 regulating the practice of nursing may result in injury or
536	536
537	537
538	538
539	539
540	540
541	541	HB1652 - 14 - LRB104 07661 AAS 17705 b
542	542
543	543
544	544	HB1652- 15 -LRB104 07661 AAS 17705 b HB1652 - 15 - LRB104 07661 AAS 17705 b
545	545	HB1652 - 15 - LRB104 07661 AAS 17705 b
546	546	1 harm to the public;
547	547	2 3. The expanded mobility of nurses and the use of
548	548	3 advanced communication technologies as part of our
549	549	4 nation's health care delivery system require greater
550	550	5 coordination and cooperation among states in the areas of
551	551	6 nurse licensure and regulation;
552	552	7 4. New practice modalities and technology make
553	553	8 compliance with individual state nurse licensure laws
554	554	9 difficult and complex;
555	555	10 5. The current system of duplicative licensure for
556	556	11 nurses practicing in multiple states is cumbersome and
557	557	12 redundant for both nurses and states; and
558	558	13 6. Uniformity of nurse licensure requirements
559	559	14 throughout the states promotes public safety and public
560	560	15 health benefits.
561	561	16 b. The general purposes of this Compact are to:
562	562	17 1. Facilitate the states' responsibility to protect
563	563	18 the public's health and safety;
564	564	19 2. Ensure and encourage the cooperation of party
565	565	20 states in the areas of nurse licensure and regulation;
566	566	21 3. Facilitate the exchange of information between
567	567	22 party states in the areas of nurse regulation,
568	568	23 investigation and adverse actions;
569	569	24 4. Promote compliance with the laws governing the
570	570	25 practice of nursing in each jurisdiction;
571	571	26 5. Invest all party states with the authority to hold
572	572
573	573
574	574
575	575
576	576
577	577	HB1652 - 15 - LRB104 07661 AAS 17705 b
578	578
579	579
580	580	HB1652- 16 -LRB104 07661 AAS 17705 b HB1652 - 16 - LRB104 07661 AAS 17705 b
581	581	HB1652 - 16 - LRB104 07661 AAS 17705 b
582	582	1 a nurse accountable for meeting all state practice laws in
583	583	2 the state in which the patient is located at the time care
584	584	3 is rendered through the mutual recognition of party state
585	585	4 licenses;
586	586	5 6. Decrease redundancies in the consideration and
587	587	6 issuance of nurse licenses; and
588	588	7 7. Provide opportunities for interstate practice by
589	589	8 nurses who meet uniform licensure requirements.
590	590	9 ARTICLE II
591	591	10 Definitions
592	592	11 As used in this Compact:
593	593	12 a. "Adverse action" means any administrative, civil,
594	594	13 equitable or criminal action permitted by a state's laws
595	595	14 which is imposed by a licensing board or other authority
596	596	15 against a nurse, including actions against an individual's
597	597	16 license or multistate licensure privilege such as
598	598	17 revocation, suspension, probation, monitoring of the
599	599	18 licensee, limitation on the licensee's practice, or any
600	600	19 other encumbrance on licensure affecting a nurse's
601	601	20 authorization to practice, including issuance of a cease
602	602	21 and desist action.
603	603	22 b. "Alternative program" means a non-disciplinary
604	604	23 monitoring program approved by a licensing board.
605	605	24 c. "Coordinated licensure information system" means an
606	606
607	607
608	608
609	609
610	610
611	611	HB1652 - 16 - LRB104 07661 AAS 17705 b
612	612
613	613
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615	615	HB1652 - 17 - LRB104 07661 AAS 17705 b
616	616	1 integrated process for collecting, storing and sharing
617	617	2 information on nurse licensure and enforcement activities
618	618	3 related to nurse licensure laws that is administered by a
619	619	4 nonprofit organization composed of and controlled by
620	620	5 licensing boards.
621	621	6 d. "Current significant investigative information"
622	622	7 means:
623	623	8 1. Investigative information that a licensing
624	624	9 board, after a preliminary inquiry that includes
625	625	10 notification and an opportunity for the nurse to
626	626	11 respond, if required by state law, has reason to
627	627	12 believe is not groundless and, if proved true, would
628	628	13 indicate more than a minor infraction; or
629	629	14 2. Investigative information that indicates that
630	630	15 the nurse represents an immediate threat to public
631	631	16 health and safety regardless of whether the nurse has
632	632	17 been notified and had an opportunity to respond.
633	633	18 e. "Encumbrance" means a revocation or suspension of,
634	634	19 or any limitation on, the full and unrestricted practice
635	635	20 of nursing imposed by a licensing board.
636	636	21 f. "Home state" means the party state which is the
637	637	22 nurse's primary state of residence.
638	638	23 g. "Licensing board" means a party state's regulatory
639	639	24 body responsible for issuing nurse licenses.
640	640	25 h. "Multistate license" means a license to practice as
641	641	26 a registered or a licensed practical/vocational nurse
642	642
643	643
644	644
645	645
646	646
647	647	HB1652 - 17 - LRB104 07661 AAS 17705 b
648	648
649	649
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651	651	HB1652 - 18 - LRB104 07661 AAS 17705 b
652	652	1 (LPN/VN) issued by a home state licensing board that
653	653	2 authorizes the licensed nurse to practice in all party
654	654	3 states under a multistate licensure privilege.
655	655	4 i. "Multistate licensure privilege" means a legal
656	656	5 authorization associated with a multistate license
657	657	6 permitting the practice of nursing as either a registered
658	658	7 nurse (RN) or LPN/VN in a remote state.
659	659	8 j. "Nurse" means RN or LPN/VN, as those terms are
660	660	9 defined by each party state's practice laws.
661	661	10 k. "Party state" means any state that has adopted this
662	662	11 Compact.
663	663	12 l. "Remote state" means a party state, other than the
664	664	13 home state.
665	665	14 m. "Single-state license" means a nurse license issued
666	666	15 by a party state that authorizes practice only within the
667	667	16 issuing state and does not include a multistate licensure
668	668	17 privilege to practice in any other party state.
669	669	18 n. "State" means a state, territory or possession of
670	670	19 the United States and the District of Columbia.
671	671	20 o. "State practice laws" means a party state's laws,
672	672	21 rules and regulations that govern the practice of nursing,
673	673	22 define the scope of nursing practice, and create the
674	674	23 methods and grounds for imposing discipline. "State
675	675	24 practice laws" do not include requirements necessary to
676	676	25 obtain and retain a license, except for qualifications or
677	677	26 requirements of the home state.
678	678
679	679
680	680
681	681
682	682
683	683	HB1652 - 18 - LRB104 07661 AAS 17705 b
684	684
685	685
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687	687	HB1652 - 19 - LRB104 07661 AAS 17705 b
688	688	1 ARTICLE III
689	689	2 General Provisions and Jurisdiction
690	690	3 a. A multistate license to practice registered or licensed
691	691	4 practical/vocational nursing issued by a home state to a
692	692	5 resident in that state will be recognized by each party state
693	693	6 as authorizing a nurse to practice as a registered nurse (RN)
694	694	7 or as a licensed practical/vocational nurse (LPN/VN), under a
695	695	8 multistate licensure privilege, in each party state.
696	696	9 b. A state must implement procedures for considering the
697	697	10 criminal history records of applicants for initial multistate
698	698	11 license or licensure by endorsement. Such procedures shall
699	699	12 include the submission of fingerprints or other
700	700	13 biometric-based information by applicants for the purpose of
701	701	14 obtaining an applicant's criminal history record information
702	702	15 from the Federal Bureau of Investigation and the agency
703	703	16 responsible for retaining that state's criminal records.
704	704	17 c. Each party state shall require the following for an
705	705	18 applicant to obtain or retain a multistate license in the home
706	706	19 state:
707	707	20 1. Meets the home state's qualifications for licensure
708	708	21 or renewal of licensure, as well as, all other applicable
709	709	22 state laws;
710	710	23 2. i. Has graduated or is eligible to graduate from a
711	711	24 licensing board-approved RN or LPN/VN prelicensure
712	712
713	713
714	714
715	715
716	716
717	717	HB1652 - 19 - LRB104 07661 AAS 17705 b
718	718
719	719
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721	721	HB1652 - 20 - LRB104 07661 AAS 17705 b
722	722	1 education program; or
723	723	2 ii. Has graduated from a foreign RN or LPN/VN
724	724	3 prelicensure education program that (a) has been approved
725	725	4 by the authorized accrediting body in the applicable
726	726	5 country and (b) has been verified by an independent
727	727	6 credentials review agency to be comparable to a licensing
728	728	7 board-approved prelicensure education program;
729	729	8 3. Has, if a graduate of a foreign prelicensure
730	730	9 education program not taught in English or if English is
731	731	10 not the individual's native language, successfully passed
732	732	11 an English proficiency examination that includes the
733	733	12 components of reading, speaking, writing and listening;
734	734	13 4. Has successfully passed an NCLEX-RN or NCLEX-PN
735	735	14 Examination or recognized predecessor, as applicable;
736	736	15 5. Is eligible for or holds an active, unencumbered
737	737	16 license;
738	738	17 6. Has submitted, in connection with an application
739	739	18 for initial licensure or licensure by endorsement,
740	740	19 fingerprints or other biometric data for the purpose of
741	741	20 obtaining criminal history record information from the
742	742	21 Federal Bureau of Investigation and the agency responsible
743	743	22 for retaining that state's criminal records;
744	744	23 7. Has not been convicted or found guilty, or has
745	745	24 entered into an agreed disposition, of a felony offense
746	746	25 under applicable state or federal criminal law;
747	747	26 8. Has not been convicted or found guilty, or has
748	748
749	749
750	750
751	751
752	752
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754	754
755	755
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757	757	HB1652 - 21 - LRB104 07661 AAS 17705 b
758	758	1 entered into an agreed disposition, of a misdemeanor
759	759	2 offense related to the practice of nursing as determined
760	760	3 on a case-by-case basis;
761	761	4 9. Is not currently enrolled in an alternative
762	762	5 program;
763	763	6 10. Is subject to self-disclosure requirements
764	764	7 regarding current participation in an alternative program;
765	765	8 and
766	766	9 11. Has a valid United States Social Security number.
767	767	10 d. All party states shall be authorized, in accordance
768	768	11 with existing state due process law, to take adverse action
769	769	12 against a nurse's multistate licensure privilege such as
770	770	13 revocation, suspension, probation or any other action that
771	771	14 affects a nurse's authorization to practice under a multistate
772	772	15 licensure privilege, including cease and desist actions. If a
773	773	16 party state takes such action, it shall promptly notify the
774	774	17 administrator of the coordinated licensure information system.
775	775	18 The administrator of the coordinated licensure information
776	776	19 system shall promptly notify the home state of any such
777	777	20 actions by remote states.
778	778	21 e. A nurse practicing in a party state must comply with the
779	779	22 state practice laws of the state in which the client is located
780	780	23 at the time service is provided. The practice of nursing is not
781	781	24 limited to patient care, but shall include all nursing
782	782	25 practice as defined by the state practice laws of the party
783	783	26 state in which the client is located. The practice of nursing
784	784
785	785
786	786
787	787
788	788
789	789	HB1652 - 21 - LRB104 07661 AAS 17705 b
790	790
791	791
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793	793	HB1652 - 22 - LRB104 07661 AAS 17705 b
794	794	1 in a party state under a multistate licensure privilege will
795	795	2 subject a nurse to the jurisdiction of the licensing board,
796	796	3 the courts and the laws of the party state in which the client
797	797	4 is located at the time service is provided.
798	798	5 f. Individuals not residing in a party state shall
799	799	6 continue to be able to apply for a party state's single-state
800	800	7 license as provided under the laws of each party state.
801	801	8 However, the single-state license granted to these individuals
802	802	9 will not be recognized as granting the privilege to practice
803	803	10 nursing in any other party state. Nothing in this Compact
804	804	11 shall affect the requirements established by a party state for
805	805	12 the issuance of a single-state license.
806	806	13 g. Any nurse holding a home state multistate license, on
807	807	14 the effective date of this Compact, may retain and renew the
808	808	15 multistate license issued by the nurse's then-current home
809	809	16 state, provided that:
810	810	17 1. A nurse, who changes primary state of residence
811	811	18 after this Compact's effective date, must meet all
812	812	19 applicable Article III.c. requirements to obtain a
813	813	20 multistate license from a new home state.
814	814	21 2. A nurse who fails to satisfy the multistate
815	815	22 licensure requirements in Article III.c. due to a
816	816	23 disqualifying event occurring after this Compact's
817	817	24 effective date shall be ineligible to retain or renew a
818	818	25 multistate license, and the nurse's multistate license
819	819	26 shall be revoked or deactivated in accordance with
820	820
821	821
822	822
823	823
824	824
825	825	HB1652 - 22 - LRB104 07661 AAS 17705 b
826	826
827	827
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829	829	HB1652 - 23 - LRB104 07661 AAS 17705 b
830	830	1 applicable rules adopted by the Interstate Commission of
831	831	2 Nurse Licensure Compact Administrators ("Commission").
832	832	3 ARTICLE IV
833	833	4 Applications for Licensure in a Party State
834	834	5 a. Upon application for a multistate license, the
835	835	6 licensing board in the issuing party state shall ascertain,
836	836	7 through the coordinated licensure information system, whether
837	837	8 the applicant has ever held, or is the holder of, a license
838	838	9 issued by any other state, whether there are any encumbrances
839	839	10 on any license or multistate licensure privilege held by the
840	840	11 applicant, whether any adverse action has been taken against
841	841	12 any license or multistate licensure privilege held by the
842	842	13 applicant and whether the applicant is currently participating
843	843	14 in an alternative program.
844	844	15 b. A nurse may hold a multistate license, issued by the
845	845	16 home state, in only one party state at a time.
846	846	17 c. If a nurse changes primary state of residence by moving
847	847	18 between two party states, the nurse must apply for licensure
848	848	19 in the new home state, and the multistate license issued by the
849	849	20 prior home state will be deactivated in accordance with
850	850	21 applicable rules adopted by the Commission.
851	851	22 1. The nurse may apply for licensure in advance of a
852	852	23 change in primary state of residence.
853	853	24 2. A multistate license shall not be issued by the new
854	854
855	855
856	856
857	857
858	858
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860	860
861	861
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863	863	HB1652 - 24 - LRB104 07661 AAS 17705 b
864	864	1 home state until the nurse provides satisfactory evidence
865	865	2 of a change in primary state of residence to the new home
866	866	3 state and satisfies all applicable requirements to obtain
867	867	4 a multistate license from the new home state.
868	868	5 d. If a nurse changes primary state of residence by moving
869	869	6 from a party state to a non-party state, the multistate
870	870	7 license issued by the prior home state will convert to a
871	871	8 single-state license, valid only in the former home state.
872	872	9 ARTICLE V
873	873	10 Additional Authorities Invested in Party State Licensing
874	874	11 Boards
875	875	12 a. In addition to the other powers conferred by state law,
876	876	13 a licensing board shall have the authority to:
877	877	14 1. Take adverse action against a nurse's multistate
878	878	15 licensure privilege to practice within that party state.
879	879	16 i. Only the home state shall have the power to take
880	880	17 adverse action against a nurse's license issued by the
881	881	18 home state.
882	882	19 ii. For purposes of taking adverse action, the
883	883	20 home state licensing board shall give the same
884	884	21 priority and effect to reported conduct received from
885	885	22 a remote state as it would if such conduct had occurred
886	886	23 within the home state. In so doing, the home state
887	887	24 shall apply its own state laws to determine
888	888
889	889
890	890
891	891
892	892
893	893	HB1652 - 24 - LRB104 07661 AAS 17705 b
894	894
895	895
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897	897	HB1652 - 25 - LRB104 07661 AAS 17705 b
898	898	1 appropriate action.
899	899	2 2. Issue cease and desist orders or impose an
900	900	3 encumbrance on a nurse's authority to practice within that
901	901	4 party state.
902	902	5 3. Complete any pending investigations of a nurse who
903	903	6 changes primary state of residence during the course of
904	904	7 such investigations. The licensing board shall also have
905	905	8 the authority to take appropriate action(s) and shall
906	906	9 promptly report the conclusions of such investigations to
907	907	10 the administrator of the coordinated licensure information
908	908	11 system. The administrator of the coordinated licensure
909	909	12 information system shall promptly notify the new home
910	910	13 state of any such actions.
911	911	14 4. Issue subpoenas for both hearings and
912	912	15 investigations that require the attendance and testimony
913	913	16 of witnesses, as well as, the production of evidence.
914	914	17 Subpoenas issued by a licensing board in a party state for
915	915	18 the attendance and testimony of witnesses or the
916	916	19 production of evidence from another party state shall be
917	917	20 enforced in the latter state by any court of competent
918	918	21 jurisdiction, according to the practice and procedure of
919	919	22 that court applicable to subpoenas issued in proceedings
920	920	23 pending before it. The issuing authority shall pay any
921	921	24 witness fees, travel expenses, mileage and other fees
922	922	25 required by the service statutes of the state in which the
923	923	26 witnesses or evidence are located.
924	924
925	925
926	926
927	927
928	928
929	929	HB1652 - 25 - LRB104 07661 AAS 17705 b
930	930
931	931
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933	933	HB1652 - 26 - LRB104 07661 AAS 17705 b
934	934	1 5. Obtain and submit, for each nurse licensure
935	935	2 applicant, fingerprint or other biometric-based
936	936	3 information to the Federal Bureau of Investigation for
937	937	4 criminal background checks, receive the results of the
938	938	5 Federal Bureau of Investigation record search on criminal
939	939	6 background checks and use the results in making licensure
940	940	7 decisions.
941	941	8 6. If otherwise permitted by state law, recover from
942	942	9 the affected nurse the costs of investigations and
943	943	10 disposition of cases resulting from any adverse action
944	944	11 taken against that nurse.
945	945	12 7. Take adverse action based on the factual findings
946	946	13 of the remote state, provided that the licensing board
947	947	14 follows its own procedures for taking such adverse action.
948	948	15 b. If adverse action is taken by the home state against a
949	949	16 nurse's multistate license, the nurse's multistate licensure
950	950	17 privilege to practice in all other party states shall be
951	951	18 deactivated until all encumbrances have been removed from the
952	952	19 multistate license. All home state disciplinary orders that
953	953	20 impose adverse action against a nurse's multistate license
954	954	21 shall include a statement that the nurse's multistate
955	955	22 licensure privilege is deactivated in all party states during
956	956	23 the pendency of the order.
957	957	24 c. Nothing in this Compact shall override a party state's
958	958	25 decision that participation in an alternative program may be
959	959	26 used in lieu of adverse action. The home state licensing board
960	960
961	961
962	962
963	963
964	964
965	965	HB1652 - 26 - LRB104 07661 AAS 17705 b
966	966
967	967
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969	969	HB1652 - 27 - LRB104 07661 AAS 17705 b
970	970	1 shall deactivate the multistate licensure privilege under the
971	971	2 multistate license of any nurse for the duration of the
972	972	3 nurse's participation in an alternative program.
973	973	4 ARTICLE VI
974	974	5 Coordinated Licensure Information System and Exchange of
975	975	6 Information
976	976	7 a. All party states shall participate in a coordinated
977	977	8 licensure information system of all licensed registered nurses
978	978	9 (RNs) and licensed practical/vocational nurses (LPNs/VNs).
979	979	10 This system will include information on the licensure and
980	980	11 disciplinary history of each nurse, as submitted by party
981	981	12 states, to assist in the coordination of nurse licensure and
982	982	13 enforcement efforts.
983	983	14 b. The Commission, in consultation with the administrator
984	984	15 of the coordinated licensure information system, shall
985	985	16 formulate necessary and proper procedures for the
986	986	17 identification, collection and exchange of information under
987	987	18 this Compact.
988	988	19 c. All licensing boards shall promptly report to the
989	989	20 coordinated licensure information system any adverse action,
990	990	21 any current significant investigative information, denials of
991	991	22 applications (with the reasons for such denials) and nurse
992	992	23 participation in alternative programs known to the licensing
993	993	24 board regardless of whether such participation is deemed
994	994
995	995
996	996
997	997
998	998
999	999	HB1652 - 27 - LRB104 07661 AAS 17705 b
1000	1000
1001	1001
1002	1002	HB1652- 28 -LRB104 07661 AAS 17705 b HB1652 - 28 - LRB104 07661 AAS 17705 b
1003	1003	HB1652 - 28 - LRB104 07661 AAS 17705 b
1004	1004	1 nonpublic or confidential under state law.
1005	1005	2 d. Current significant investigative information and
1006	1006	3 participation in nonpublic or confidential alternative
1007	1007	4 programs shall be transmitted through the coordinated
1008	1008	5 licensure information system only to party state licensing
1009	1009	6 boards.
1010	1010	7 e. Notwithstanding any other provision of law, all party
1011	1011	8 state licensing boards contributing information to the
1012	1012	9 coordinated licensure information system may designate
1013	1013	10 information that may not be shared with non-party states or
1014	1014	11 disclosed to other entities or individuals without the express
1015	1015	12 permission of the contributing state.
1016	1016	13 f. Any personally identifiable information obtained from
1017	1017	14 the coordinated licensure information system by a party state
1018	1018	15 licensing board shall not be shared with non-party states or
1019	1019	16 disclosed to other entities or individuals except to the
1020	1020	17 extent permitted by the laws of the party state contributing
1021	1021	18 the information.
1022	1022	19 g. Any information contributed to the coordinated
1023	1023	20 licensure information system that is subsequently required to
1024	1024	21 be expunged by the laws of the party state contributing that
1025	1025	22 information shall also be expunged from the coordinated
1026	1026	23 licensure information system.
1027	1027	24 h. The Compact administrator of each party state shall
1028	1028	25 furnish a uniform data set to the Compact administrator of
1029	1029	26 each other party state, which shall include, at a minimum:
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB1652 - 28 - LRB104 07661 AAS 17705 b
1036	1036
1037	1037
1038	1038	HB1652- 29 -LRB104 07661 AAS 17705 b HB1652 - 29 - LRB104 07661 AAS 17705 b
1039	1039	HB1652 - 29 - LRB104 07661 AAS 17705 b
1040	1040	1 1. Identifying information;
1041	1041	2 2. Licensure data;
1042	1042	3 3. Information related to alternative program
1043	1043	4 participation; and
1044	1044	5 4. Other information that may facilitate the
1045	1045	6 administration of this Compact, as determined by
1046	1046	7 Commission rules.
1047	1047	8 i. The Compact administrator of a party state shall
1048	1048	9 provide all investigative documents and information requested
1049	1049	10 by another party state.
1050	1050	11 ARTICLE VII
1051	1051	12 Establishment of the Interstate Commission of Nurse Licensure
1052	1052	13 Compact Administrators
1053	1053	14 a. The party states hereby create and establish a joint
1054	1054	15 public entity known as the Interstate Commission of Nurse
1055	1055	16 Licensure Compact Administrators.
1056	1056	17 1. The Commission is an instrumentality of the party
1057	1057	18 states.
1058	1058	19 2. Venue is proper, and judicial proceedings by or
1059	1059	20 against the Commission shall be brought solely and
1060	1060	21 exclusively, in a court of competent jurisdiction where
1061	1061	22 the principal office of the Commission is located. The
1062	1062	23 Commission may waive venue and jurisdictional defenses to
1063	1063	24 the extent it adopts or consents to participate in
1064	1064
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069	HB1652 - 29 - LRB104 07661 AAS 17705 b
1070	1070
1071	1071
1072	1072	HB1652- 30 -LRB104 07661 AAS 17705 b HB1652 - 30 - LRB104 07661 AAS 17705 b
1073	1073	HB1652 - 30 - LRB104 07661 AAS 17705 b
1074	1074	1 alternative dispute resolution proceedings.
1075	1075	2 3. Nothing in this Compact shall be construed to be a
1076	1076	3 waiver of sovereign immunity.
1077	1077	4 b. Membership, Voting and Meetings
1078	1078	5 1. Each party state shall have and be limited to one
1079	1079	6 administrator. The head of the state licensing board or
1080	1080	7 designee shall be the administrator of this Compact for
1081	1081	8 each party state. Any administrator may be removed or
1082	1082	9 suspended from office as provided by the law of the state
1083	1083	10 from which the Administrator is appointed. Any vacancy
1084	1084	11 occurring in the Commission shall be filled in accordance
1085	1085	12 with the laws of the party state in which the vacancy
1086	1086	13 exists.
1087	1087	14 2. Each administrator shall be entitled to one (1)
1088	1088	15 vote with regard to the promulgation of rules and creation
1089	1089	16 of bylaws and shall otherwise have an opportunity to
1090	1090	17 participate in the business and affairs of the Commission.
1091	1091	18 An administrator shall vote in person or by such other
1092	1092	19 means as provided in the bylaws. The bylaws may provide
1093	1093	20 for an administrator's participation in meetings by
1094	1094	21 telephone or other means of communication.
1095	1095	22 3. The Commission shall meet at least once during each
1096	1096	23 calendar year. Additional meetings shall be held as set
1097	1097	24 forth in the bylaws or rules of the commission.
1098	1098	25 4. All meetings shall be open to the public, and
1099	1099	26 public notice of meetings shall be given in the same
1100	1100
1101	1101
1102	1102
1103	1103
1104	1104
1105	1105	HB1652 - 30 - LRB104 07661 AAS 17705 b
1106	1106
1107	1107
1108	1108	HB1652- 31 -LRB104 07661 AAS 17705 b HB1652 - 31 - LRB104 07661 AAS 17705 b
1109	1109	HB1652 - 31 - LRB104 07661 AAS 17705 b
1110	1110	1 manner as required under the rulemaking provisions in
1111	1111	2 Article VIII.
1112	1112	3 5. The Commission may convene in a closed, nonpublic
1113	1113	4 meeting if the Commission must discuss:
1114	1114	5 i. Noncompliance of a party state with its
1115	1115	6 obligations under this Compact;
1116	1116	7 ii. The employment, compensation, discipline or
1117	1117	8 other personnel matters, practices or procedures
1118	1118	9 related to specific employees or other matters related
1119	1119	10 to the Commission's internal personnel practices and
1120	1120	11 procedures;
1121	1121	12 iii. Current, threatened or reasonably anticipated
1122	1122	13 litigation;
1123	1123	14 iv. Negotiation of contracts for the purchase or
1124	1124	15 sale of goods, services or real estate;
1125	1125	16 v. Accusing any person of a crime or formally
1126	1126	17 censuring any person;
1127	1127	18 vi. Disclosure of trade secrets or commercial or
1128	1128	19 financial information that is privileged or
1129	1129	20 confidential;
1130	1130	21 vii. Disclosure of information of a personal
1131	1131	22 nature where disclosure would constitute a clearly
1132	1132	23 unwarranted invasion of personal privacy;
1133	1133	24 viii. Disclosure of investigatory records compiled
1134	1134	25 for law enforcement purposes;
1135	1135	26 ix. Disclosure of information related to any
1136	1136
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141	HB1652 - 31 - LRB104 07661 AAS 17705 b
1142	1142
1143	1143
1144	1144	HB1652- 32 -LRB104 07661 AAS 17705 b HB1652 - 32 - LRB104 07661 AAS 17705 b
1145	1145	HB1652 - 32 - LRB104 07661 AAS 17705 b
1146	1146	1 reports prepared by or on behalf of the Commission for
1147	1147	2 the purpose of investigation of compliance with this
1148	1148	3 Compact; or
1149	1149	4 x. Matters specifically exempted from disclosure
1150	1150	5 by federal or state statute.
1151	1151	6 6. If a meeting, or portion of a meeting, is closed
1152	1152	7 pursuant to this provision, the Commission's legal counsel
1153	1153	8 or designee shall certify that the meeting may be closed
1154	1154	9 and shall reference each relevant exempting provision. The
1155	1155	10 Commission shall keep minutes that fully and clearly
1156	1156	11 describe all matters discussed in a meeting and shall
1157	1157	12 provide a full and accurate summary of actions taken, and
1158	1158	13 the reasons therefor, including a description of the views
1159	1159	14 expressed. All documents considered in connection with an
1160	1160	15 action shall be identified in such minutes. All minutes
1161	1161	16 and documents of a closed meeting shall remain under seal,
1162	1162	17 subject to release by a majority vote of the Commission or
1163	1163	18 order of a court of competent jurisdiction.
1164	1164	19 c. The Commission shall, by a majority vote of the
1165	1165	20 administrators, prescribe bylaws or rules to govern its
1166	1166	21 conduct as may be necessary or appropriate to carry out the
1167	1167	22 purposes and exercise the powers of this Compact, including
1168	1168	23 but not limited to:
1169	1169	24 1. Establishing the fiscal year of the Commission;
1170	1170	25 2. Providing reasonable standards and procedures:
1171	1171	26 i. For the establishment and meetings of other
1172	1172
1173	1173
1174	1174
1175	1175
1176	1176
1177	1177	HB1652 - 32 - LRB104 07661 AAS 17705 b
1178	1178
1179	1179
1180	1180	HB1652- 33 -LRB104 07661 AAS 17705 b HB1652 - 33 - LRB104 07661 AAS 17705 b
1181	1181	HB1652 - 33 - LRB104 07661 AAS 17705 b
1182	1182	1 committees; and
1183	1183	2 ii. Governing any general or specific delegation
1184	1184	3 of any authority or function of the Commission;
1185	1185	4 3. Providing reasonable procedures for calling and
1186	1186	5 conducting meetings of the Commission, ensuring reasonable
1187	1187	6 advance notice of all meetings and providing an
1188	1188	7 opportunity for attendance of such meetings by interested
1189	1189	8 parties, with enumerated exceptions designed to protect
1190	1190	9 the public's interest, the privacy of individuals, and
1191	1191	10 proprietary information, including trade secrets. The
1192	1192	11 Commission may meet in closed session only after a
1193	1193	12 majority of the administrators vote to close a meeting in
1194	1194	13 whole or in part. As soon as practicable, the Commission
1195	1195	14 must make public a copy of the vote to close the meeting
1196	1196	15 revealing the vote of each administrator, with no proxy
1197	1197	16 votes allowed;
1198	1198	17 4. Establishing the titles, duties and authority and
1199	1199	18 reasonable procedures for the election of the officers of
1200	1200	19 the Commission;
1201	1201	20 5. Providing reasonable standards and procedures for
1202	1202	21 the establishment of the personnel policies and programs
1203	1203	22 of the Commission. Notwithstanding any civil service or
1204	1204	23 other similar laws of any party state, the bylaws shall
1205	1205	24 exclusively govern the personnel policies and programs of
1206	1206	25 the Commission; and
1207	1207	26 6. Providing a mechanism for winding up the operations
1208	1208
1209	1209
1210	1210
1211	1211
1212	1212
1213	1213	HB1652 - 33 - LRB104 07661 AAS 17705 b
1214	1214
1215	1215
1216	1216	HB1652- 34 -LRB104 07661 AAS 17705 b HB1652 - 34 - LRB104 07661 AAS 17705 b
1217	1217	HB1652 - 34 - LRB104 07661 AAS 17705 b
1218	1218	1 of the Commission and the equitable disposition of any
1219	1219	2 surplus funds that may exist after the termination of this
1220	1220	3 Compact after the payment or reserving of all of its debts
1221	1221	4 and obligations;
1222	1222	5 d. The Commission shall publish its bylaws and rules, and
1223	1223	6 any amendments thereto, in a convenient form on the website of
1224	1224	7 the Commission.
1225	1225	8 e. The Commission shall maintain its financial records in
1226	1226	9 accordance with the bylaws.
1227	1227	10 f. The Commission shall meet and take such actions as are
1228	1228	11 consistent with the provisions of this Compact and the bylaws.
1229	1229	12 g. The Commission shall have the following powers:
1230	1230	13 1. To promulgate uniform rules to facilitate and
1231	1231	14 coordinate implementation and administration of this
1232	1232	15 Compact. The rules shall have the force and effect of law
1233	1233	16 and shall be binding in all party states;
1234	1234	17 2. To bring and prosecute legal proceedings or actions
1235	1235	18 in the name of the Commission, provided that the standing
1236	1236	19 of any licensing board to sue or be sued under applicable
1237	1237	20 law shall not be affected;
1238	1238	21 3. To purchase and maintain insurance and bonds;
1239	1239	22 4. To borrow, accept or contract for services of
1240	1240	23 personnel, including, but not limited to, employees of a
1241	1241	24 party state or nonprofit organizations;
1242	1242	25 5. To cooperate with other organizations that
1243	1243	26 administer state compacts related to the regulation of
1244	1244
1245	1245
1246	1246
1247	1247
1248	1248
1249	1249	HB1652 - 34 - LRB104 07661 AAS 17705 b
1250	1250
1251	1251
1252	1252	HB1652- 35 -LRB104 07661 AAS 17705 b HB1652 - 35 - LRB104 07661 AAS 17705 b
1253	1253	HB1652 - 35 - LRB104 07661 AAS 17705 b
1254	1254	1 nursing, including but not limited to sharing
1255	1255	2 administrative or staff expenses, office space or other
1256	1256	3 resources;
1257	1257	4 6. To hire employees, elect or appoint officers, fix
1258	1258	5 compensation, define duties, grant such individuals
1259	1259	6 appropriate authority to carry out the purposes of this
1260	1260	7 Compact, and to establish the Commission's personnel
1261	1261	8 policies and programs relating to conflicts of interest,
1262	1262	9 qualifications of personnel and other related personnel
1263	1263	10 matters;
1264	1264	11 7. To accept any and all appropriate donations, grants
1265	1265	12 and gifts of money, equipment, supplies, materials and
1266	1266	13 services, and to receive, utilize and dispose of the same;
1267	1267	14 provided that at all times the Commission shall avoid any
1268	1268	15 appearance of impropriety or conflict of interest;
1269	1269	16 8. To lease, purchase, accept appropriate gifts or
1270	1270	17 donations of, or otherwise to own, hold, improve or use,
1271	1271	18 any property, whether real, personal or mixed; provided
1272	1272	19 that at all times the Commission shall avoid any
1273	1273	20 appearance of impropriety;
1274	1274	21 9. To sell, convey, mortgage, pledge, lease, exchange,
1275	1275	22 abandon or otherwise dispose of any property, whether
1276	1276	23 real, personal or mixed;
1277	1277	24 10. To establish a budget and make expenditures;
1278	1278	25 11. To borrow money;
1279	1279	26 12. To appoint committees, including advisory
1280	1280
1281	1281
1282	1282
1283	1283
1284	1284
1285	1285	HB1652 - 35 - LRB104 07661 AAS 17705 b
1286	1286
1287	1287
1288	1288	HB1652- 36 -LRB104 07661 AAS 17705 b HB1652 - 36 - LRB104 07661 AAS 17705 b
1289	1289	HB1652 - 36 - LRB104 07661 AAS 17705 b
1290	1290	1 committees comprised of administrators, state nursing
1291	1291	2 regulators, state legislators or their representatives,
1292	1292	3 and consumer representatives, and other such interested
1293	1293	4 persons;
1294	1294	5 13. To provide and receive information from, and to
1295	1295	6 cooperate with, law enforcement agencies;
1296	1296	7 14. To adopt and use an official seal; and
1297	1297	8 15. To perform such other functions as may be
1298	1298	9 necessary or appropriate to achieve the purposes of this
1299	1299	10 Compact consistent with the state regulation of nurse
1300	1300	11 licensure and practice.
1301	1301	12 h. Financing of the Commission
1302	1302	13 1. The Commission shall pay, or provide for the
1303	1303	14 payment of, the reasonable expenses of its establishment,
1304	1304	15 organization and ongoing activities.
1305	1305	16 2. The Commission may also levy on and collect an
1306	1306	17 annual assessment from each party state to cover the cost
1307	1307	18 of its operations, activities and staff in its annual
1308	1308	19 budget as approved each year. The aggregate annual
1309	1309	20 assessment amount, if any, shall be allocated based upon a
1310	1310	21 formula to be determined by the Commission, which shall
1311	1311	22 promulgate a rule that is binding upon all party states.
1312	1312	23 3. The Commission shall not incur obligations of any
1313	1313	24 kind prior to securing the funds adequate to meet the
1314	1314	25 same; nor shall the Commission pledge the credit of any of
1315	1315	26 the party states, except by, and with the authority of,
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320
1321	1321	HB1652 - 36 - LRB104 07661 AAS 17705 b
1322	1322
1323	1323
1324	1324	HB1652- 37 -LRB104 07661 AAS 17705 b HB1652 - 37 - LRB104 07661 AAS 17705 b
1325	1325	HB1652 - 37 - LRB104 07661 AAS 17705 b
1326	1326	1 such party state.
1327	1327	2 4. The Commission shall keep accurate accounts of all
1328	1328	3 receipts and disbursements. The receipts and disbursements
1329	1329	4 of the Commission shall be subject to the audit and
1330	1330	5 accounting procedures established under its bylaws.
1331	1331	6 However, all receipts and disbursements of funds handled
1332	1332	7 by the Commission shall be audited yearly by a certified
1333	1333	8 or licensed public accountant, and the report of the audit
1334	1334	9 shall be included in and become part of the annual report
1335	1335	10 of the Commission.
1336	1336	11 i. Qualified Immunity, Defense and Indemnification
1337	1337	12 1. The administrators, officers, executive director,
1338	1338	13 employees and representatives of the Commission shall be
1339	1339	14 immune from suit and liability, either personally or in
1340	1340	15 their official capacity, for any claim for damage to or
1341	1341	16 loss of property or personal injury or other civil
1342	1342	17 liability caused by or arising out of any actual or
1343	1343	18 alleged act, error or omission that occurred, or that the
1344	1344	19 person against whom the claim is made had a reasonable
1345	1345	20 basis for believing occurred, within the scope of
1346	1346	21 Commission employment, duties or responsibilities;
1347	1347	22 provided that nothing in this paragraph shall be construed
1348	1348	23 to protect any such person from suit or liability for any
1349	1349	24 damage, loss, injury or liability caused by the
1350	1350	25 intentional, willful or wanton misconduct of that person.
1351	1351	26 2. The Commission shall defend any administrator,
1352	1352
1353	1353
1354	1354
1355	1355
1356	1356
1357	1357	HB1652 - 37 - LRB104 07661 AAS 17705 b
1358	1358
1359	1359
1360	1360	HB1652- 38 -LRB104 07661 AAS 17705 b HB1652 - 38 - LRB104 07661 AAS 17705 b
1361	1361	HB1652 - 38 - LRB104 07661 AAS 17705 b
1362	1362	1 officer, executive director, employee or representative of
1363	1363	2 the Commission in any civil action seeking to impose
1364	1364	3 liability arising out of any actual or alleged act, error
1365	1365	4 or omission that occurred within the scope of Commission
1366	1366	5 employment, duties or responsibilities, or that the person
1367	1367	6 against whom the claim is made had a reasonable basis for
1368	1368	7 believing occurred within the scope of Commission
1369	1369	8 employment, duties or responsibilities; provided that
1370	1370	9 nothing herein shall be construed to prohibit that person
1371	1371	10 from retaining his or her own counsel; and provided
1372	1372	11 further that the actual or alleged act, error or omission
1373	1373	12 did not result from that person's intentional, willful or
1374	1374	13 wanton misconduct.
1375	1375	14 3. The Commission shall indemnify and hold harmless
1376	1376	15 any administrator, officer, executive director, employee
1377	1377	16 or representative of the Commission for the amount of any
1378	1378	17 settlement or judgment obtained against that person
1379	1379	18 arising out of any actual or alleged act, error or
1380	1380	19 omission that occurred within the scope of Commission
1381	1381	20 employment, duties or responsibilities, or that such
1382	1382	21 person had a reasonable basis for believing occurred
1383	1383	22 within the scope of Commission employment, duties or
1384	1384	23 responsibilities, provided that the actual or alleged act,
1385	1385	24 error or omission did not result from the intentional,
1386	1386	25 willful or wanton misconduct of that person.
1387	1387
1388	1388
1389	1389
1390	1390
1391	1391
1392	1392	HB1652 - 38 - LRB104 07661 AAS 17705 b
1393	1393
1394	1394
1395	1395	HB1652- 39 -LRB104 07661 AAS 17705 b HB1652 - 39 - LRB104 07661 AAS 17705 b
1396	1396	HB1652 - 39 - LRB104 07661 AAS 17705 b
1397	1397	1 ARTICLE VIII
1398	1398	2 Rulemaking
1399	1399	3 a. The Commission shall exercise its rulemaking powers
1400	1400	4 pursuant to the criteria set forth in this Article and the
1401	1401	5 rules adopted thereunder. Rules and amendments shall become
1402	1402	6 binding as of the date specified in each rule or amendment and
1403	1403	7 shall have the same force and effect as provisions of this
1404	1404	8 Compact.
1405	1405	9 b. Rules or amendments to the rules shall be adopted at a
1406	1406	10 regular or special meeting of the Commission.
1407	1407	11 c. Prior to promulgation and adoption of a final rule or
1408	1408	12 rules by the Commission, and at least sixty (60) days in
1409	1409	13 advance of the meeting at which the rule will be considered and
1410	1410	14 voted upon, the Commission shall file a notice of proposed
1411	1411	15 rulemaking:
1412	1412	16 1. On the website of the Commission; and
1413	1413	17 2. On the website of each licensing board or the
1414	1414	18 publication in which each state would otherwise publish
1415	1415	19 proposed rules.
1416	1416	20 d. The notice of proposed rulemaking shall include:
1417	1417	21 1. The proposed time, date and location of the meeting
1418	1418	22 in which the rule will be considered and voted upon;
1419	1419	23 2. The text of the proposed rule or amendment, and the
1420	1420	24 reason for the proposed rule;
1421	1421	25 3. A request for comments on the proposed rule from
1422	1422
1423	1423
1424	1424
1425	1425
1426	1426
1427	1427	HB1652 - 39 - LRB104 07661 AAS 17705 b
1428	1428
1429	1429
1430	1430	HB1652- 40 -LRB104 07661 AAS 17705 b HB1652 - 40 - LRB104 07661 AAS 17705 b
1431	1431	HB1652 - 40 - LRB104 07661 AAS 17705 b
1432	1432	1 any interested person; and
1433	1433	2 4. The manner in which interested persons may submit
1434	1434	3 notice to the Commission of their intention to attend the
1435	1435	4 public hearing and any written comments.
1436	1436	5 e. Prior to adoption of a proposed rule, the Commission
1437	1437	6 shall allow persons to submit written data, facts, opinions
1438	1438	7 and arguments, which shall be made available to the public.
1439	1439	8 f. The Commission shall grant an opportunity for a public
1440	1440	9 hearing before it adopts a rule or amendment.
1441	1441	10 g. The Commission shall publish the place, time and date
1442	1442	11 of the scheduled public hearing.
1443	1443	12 1. Hearings shall be conducted in a manner providing
1444	1444	13 each person who wishes to comment a fair and reasonable
1445	1445	14 opportunity to comment orally or in writing. All hearings
1446	1446	15 will be recorded, and a copy will be made available upon
1447	1447	16 request.
1448	1448	17 2. Nothing in this section shall be construed as
1449	1449	18 requiring a separate hearing on each rule. Rules may be
1450	1450	19 grouped for the convenience of the Commission at hearings
1451	1451	20 required by this section.
1452	1452	21 h. If no one appears at the public hearing, the Commission
1453	1453	22 may proceed with promulgation of the proposed rule.
1454	1454	23 i. Following the scheduled hearing date, or by the close
1455	1455	24 of business on the scheduled hearing date if the hearing was
1456	1456	25 not held, the Commission shall consider all written and oral
1457	1457	26 comments received.
1458	1458
1459	1459
1460	1460
1461	1461
1462	1462
1463	1463	HB1652 - 40 - LRB104 07661 AAS 17705 b
1464	1464
1465	1465
1466	1466	HB1652- 41 -LRB104 07661 AAS 17705 b HB1652 - 41 - LRB104 07661 AAS 17705 b
1467	1467	HB1652 - 41 - LRB104 07661 AAS 17705 b
1468	1468	1 j. The Commission shall, by majority vote of all
1469	1469	2 administrators, take final action on the proposed rule and
1470	1470	3 shall determine the effective date of the rule, if any, based
1471	1471	4 on the rulemaking record and the full text of the rule.
1472	1472	5 k. Upon determination that an emergency exists, the
1473	1473	6 Commission may consider and adopt an emergency rule without
1474	1474	7 prior notice, opportunity for comment or hearing, provided
1475	1475	8 that the usual rulemaking procedures provided in this Compact
1476	1476	9 and in this section shall be retroactively applied to the rule
1477	1477	10 as soon as reasonably possible, in no event later than ninety
1478	1478	11 (90) days after the effective date of the rule. For the
1479	1479	12 purposes of this provision, an emergency rule is one that must
1480	1480	13 be adopted immediately in order to:
1481	1481	14 1. Meet an imminent threat to public health, safety or
1482	1482	15 welfare;
1483	1483	16 2. Prevent a loss of Commission or party state funds;
1484	1484	17 or
1485	1485	18 3. Meet a deadline for the promulgation of an
1486	1486	19 administrative rule that is required by federal law or
1487	1487	20 rule.
1488	1488	21 l. The Commission may direct revisions to a previously
1489	1489	22 adopted rule or amendment for purposes of correcting
1490	1490	23 typographical errors, errors in format, errors in consistency
1491	1491	24 or grammatical errors. Public notice of any revisions shall be
1492	1492	25 posted on the website of the Commission. The revision shall be
1493	1493	26 subject to challenge by any person for a period of thirty (30)
1494	1494
1495	1495
1496	1496
1497	1497
1498	1498
1499	1499	HB1652 - 41 - LRB104 07661 AAS 17705 b
1500	1500
1501	1501
1502	1502	HB1652- 42 -LRB104 07661 AAS 17705 b HB1652 - 42 - LRB104 07661 AAS 17705 b
1503	1503	HB1652 - 42 - LRB104 07661 AAS 17705 b
1504	1504	1 days after posting. The revision may be challenged only on
1505	1505	2 grounds that the revision results in a material change to a
1506	1506	3 rule. A challenge shall be made in writing, and delivered to
1507	1507	4 the Commission, prior to the end of the notice period. If no
1508	1508	5 challenge is made, the revision will take effect without
1509	1509	6 further action. If the revision is challenged, the revision
1510	1510	7 may not take effect without the approval of the Commission.
1511	1511	8 ARTICLE IX
1512	1512	9 Oversight, Dispute Resolution and Enforcement
1513	1513	10 a. Oversight
1514	1514	11 1. Each party state shall enforce this Compact and
1515	1515	12 take all actions necessary and appropriate to effectuate
1516	1516	13 this Compact's purposes and intent.
1517	1517	14 2. The Commission shall be entitled to receive service
1518	1518	15 of process in any proceeding that may affect the powers,
1519	1519	16 responsibilities or actions of the Commission, and shall
1520	1520	17 have standing to intervene in such a proceeding for all
1521	1521	18 purposes. Failure to provide service of process in such
1522	1522	19 proceeding to the Commission shall render a judgment or
1523	1523	20 order void as to the Commission, this Compact or
1524	1524	21 promulgated rules.
1525	1525	22 b. Default, Technical Assistance and Termination
1526	1526	23 1. If the Commission determines that a party state has
1527	1527	24 defaulted in the performance of its obligations or
1528	1528
1529	1529
1530	1530
1531	1531
1532	1532
1533	1533	HB1652 - 42 - LRB104 07661 AAS 17705 b
1534	1534
1535	1535
1536	1536	HB1652- 43 -LRB104 07661 AAS 17705 b HB1652 - 43 - LRB104 07661 AAS 17705 b
1537	1537	HB1652 - 43 - LRB104 07661 AAS 17705 b
1538	1538	1 responsibilities under this Compact or the promulgated
1539	1539	2 rules, the Commission shall:
1540	1540	3 i. Provide written notice to the defaulting state
1541	1541	4 and other party states of the nature of the default,
1542	1542	5 the proposed means of curing the default or any other
1543	1543	6 action to be taken by the Commission; and
1544	1544	7 ii. Provide remedial training and specific
1545	1545	8 technical assistance regarding the default.
1546	1546	9 2. If a state in default fails to cure the default, the
1547	1547	10 defaulting state's membership in this Compact may be
1548	1548	11 terminated upon an affirmative vote of a majority of the
1549	1549	12 administrators, and all rights, privileges and benefits
1550	1550	13 conferred by this Compact may be terminated on the
1551	1551	14 effective date of termination. A cure of the default does
1552	1552	15 not relieve the offending state of obligations or
1553	1553	16 liabilities incurred during the period of default.
1554	1554	17 3. Termination of membership in this Compact shall be
1555	1555	18 imposed only after all other means of securing compliance
1556	1556	19 have been exhausted. Notice of intent to suspend or
1557	1557	20 terminate shall be given by the Commission to the governor
1558	1558	21 of the defaulting state and to the executive officer of
1559	1559	22 the defaulting state's licensing board and each of the
1560	1560	23 party states.
1561	1561	24 4. A state whose membership in this Compact has been
1562	1562	25 terminated is responsible for all assessments, obligations
1563	1563	26 and liabilities incurred through the effective date of
1564	1564
1565	1565
1566	1566
1567	1567
1568	1568
1569	1569	HB1652 - 43 - LRB104 07661 AAS 17705 b
1570	1570
1571	1571
1572	1572	HB1652- 44 -LRB104 07661 AAS 17705 b HB1652 - 44 - LRB104 07661 AAS 17705 b
1573	1573	HB1652 - 44 - LRB104 07661 AAS 17705 b
1574	1574	1 termination, including obligations that extend beyond the
1575	1575	2 effective date of termination.
1576	1576	3 5. The Commission shall not bear any costs related to
1577	1577	4 a state that is found to be in default or whose membership
1578	1578	5 in this Compact has been terminated unless agreed upon in
1579	1579	6 writing between the Commission and the defaulting state.
1580	1580	7 6. The defaulting state may appeal the action of the
1581	1581	8 Commission by petitioning the U.S. District Court for the
1582	1582	9 District of Columbia or the federal district in which the
1583	1583	10 Commission has its principal offices. The prevailing party
1584	1584	11 shall be awarded all costs of such litigation, including
1585	1585	12 reasonable attorneys' fees.
1586	1586	13 c. Dispute Resolution
1587	1587	14 1. Upon request by a party state, the Commission shall
1588	1588	15 attempt to resolve disputes related to the Compact that
1589	1589	16 arise among party states and between party and non-party
1590	1590	17 states.
1591	1591	18 2. The Commission shall promulgate a rule providing
1592	1592	19 for both mediation and binding dispute resolution for
1593	1593	20 disputes, as appropriate.
1594	1594	21 3. In the event the Commission cannot resolve disputes
1595	1595	22 among party states arising under this Compact:
1596	1596	23 i. The party states may submit the issues in
1597	1597	24 dispute to an arbitration panel, which will be
1598	1598	25 comprised of individuals appointed by the Compact
1599	1599	26 administrator in each of the affected party states and
1600	1600
1601	1601
1602	1602
1603	1603
1604	1604
1605	1605	HB1652 - 44 - LRB104 07661 AAS 17705 b
1606	1606
1607	1607
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1609	1609	HB1652 - 45 - LRB104 07661 AAS 17705 b
1610	1610	1 an individual mutually agreed upon by the Compact
1611	1611	2 administrators of all the party states involved in the
1612	1612	3 dispute.
1613	1613	4 ii. The decision of a majority of the arbitrators
1614	1614	5 shall be final and binding.
1615	1615	6 d. Enforcement
1616	1616	7 1. The Commission, in the reasonable exercise of its
1617	1617	8 discretion, shall enforce the provisions and rules of this
1618	1618	9 Compact.
1619	1619	10 2. By majority vote, the Commission may initiate legal
1620	1620	11 action in the U.S. District Court for the District of
1621	1621	12 Columbia or the federal district in which the Commission
1622	1622	13 has its principal offices against a party state that is in
1623	1623	14 default to enforce compliance with the provisions of this
1624	1624	15 Compact and its promulgated rules and bylaws. The relief
1625	1625	16 sought may include both injunctive relief and damages. In
1626	1626	17 the event judicial enforcement is necessary, the
1627	1627	18 prevailing party shall be awarded all costs of such
1628	1628	19 litigation, including reasonable attorneys' fees.
1629	1629	20 3. The remedies herein shall not be the exclusive
1630	1630	21 remedies of the Commission. The Commission may pursue any
1631	1631	22 other remedies available under federal or state law.
1632	1632	23 ARTICLE X
1633	1633	24 Effective Date, Withdrawal and Amendment
1634	1634
1635	1635
1636	1636
1637	1637
1638	1638
1639	1639	HB1652 - 45 - LRB104 07661 AAS 17705 b
1640	1640
1641	1641
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1643	1643	HB1652 - 46 - LRB104 07661 AAS 17705 b
1644	1644	1 a. This Compact shall become effective and binding on the
1645	1645	2 earlier of the date of legislative enactment of this Compact
1646	1646	3 into law by no less than twenty-six (26) states or December 31,
1647	1647	4 2018. All party states to this Compact, that also were parties
1648	1648	5 to the prior Nurse Licensure Compact, superseded by this
1649	1649	6 Compact, ("Prior Compact"), shall be deemed to have withdrawn
1650	1650	7 from said Prior Compact within six (6) months after the
1651	1651	8 effective date of this Compact.
1652	1652	9 b. Each party state to this Compact shall continue to
1653	1653	10 recognize a nurse's multistate licensure privilege to practice
1654	1654	11 in that party state issued under the Prior Compact until such
1655	1655	12 party state has withdrawn from the Prior Compact.
1656	1656	13 c. Any party state may withdraw from this Compact by
1657	1657	14 enacting a statute repealing the same. A party state's
1658	1658	15 withdrawal shall not take effect until six (6) months after
1659	1659	16 enactment of the repealing statute.
1660	1660	17 d. A party state's withdrawal or termination shall not
1661	1661	18 affect the continuing requirement of the withdrawing or
1662	1662	19 terminated state's licensing board to report adverse actions
1663	1663	20 and significant investigations occurring prior to the
1664	1664	21 effective date of such withdrawal or termination.
1665	1665	22 e. Nothing contained in this Compact shall be construed to
1666	1666	23 invalidate or prevent any nurse licensure agreement or other
1667	1667	24 cooperative arrangement between a party state and a non-party
1668	1668	25 state that is made in accordance with the other provisions of
1669	1669	26 this Compact.
1670	1670
1671	1671
1672	1672
1673	1673
1674	1674
1675	1675	HB1652 - 46 - LRB104 07661 AAS 17705 b
1676	1676
1677	1677
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1679	1679	HB1652 - 47 - LRB104 07661 AAS 17705 b
1680	1680	1 f. This Compact may be amended by the party states. No
1681	1681	2 amendment to this Compact shall become effective and binding
1682	1682	3 upon the party states unless and until it is enacted into the
1683	1683	4 laws of all party states.
1684	1684	5 g. Representatives of non-party states to this Compact
1685	1685	6 shall be invited to participate in the activities of the
1686	1686	7 Commission, on a nonvoting basis, prior to the adoption of
1687	1687	8 this Compact by all states.
1688	1688	9 ARTICLE XI
1689	1689	10 Construction and Severability
1690	1690	11 This Compact shall be liberally construed so as to effectuate
1691	1691	12 the purposes thereof. The provisions of this Compact shall be
1692	1692	13 severable, and if any phrase, clause, sentence or provision of
1693	1693	14 this Compact is declared to be contrary to the constitution of
1694	1694	15 any party state or of the United States, or if the
1695	1695	16 applicability thereof to any government, agency, person or
1696	1696	17 circumstance is held invalid, the validity of the remainder of
1697	1697	18 this Compact and the applicability thereof to any government,
1698	1698	19 agency, person or circumstance shall not be affected thereby.
1699	1699	20 If this Compact shall be held to be contrary to the
1700	1700	21 constitution of any party state, this Compact shall remain in
1701	1701	22 full force and effect as to the remaining party states and in
1702	1702	23 full force and effect as to the party state affected as to all
1703	1703	24 severable matters.
1704	1704
1705	1705
1706	1706
1707	1707
1708	1708
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1710	1710
1711	1711
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1713	1713	HB1652 - 48 - LRB104 07661 AAS 17705 b
1714	1714	1 (225 ILCS 65/85-10 new)
1715	1715	2 Sec. 85-10. State labor laws. The Nurse Licensure Compact
1716	1716	3 does not supersede existing State labor laws.
1717	1717
1718	1718
1719	1719
1720	1720
1721	1721
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