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
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
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.
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A BILL FOR
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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Nurse Practice Act is amended by changing
5 Sections 50-10 and 50-15 and by adding Article 85 as follows:
6 (225 ILCS 65/50-10) (was 225 ILCS 65/5-10)
7 (Section scheduled to be repealed on January 1, 2028)
8 Sec. 50-10. Definitions. Each of the following terms, when
9 used in this Act, shall have the meaning ascribed to it in this
10 Section, except where the context clearly indicates otherwise:
11 "Academic year" means the customary annual schedule of
12 courses at a college, university, or approved school,
13 customarily regarded as the school year as distinguished from
14 the calendar year.
15 "Address of record" means the designated address recorded
16 by the Department in the applicant's or licensee's application
17 file or license file as maintained by the Department's
18 licensure maintenance unit.
19 "Advanced practice registered nurse" or "APRN" means a
20 person who has met the qualifications for a (i) certified
21 nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
22 (iii) certified registered nurse anesthetist (CRNA); or (iv)
23 clinical nurse specialist (CNS) and either has been licensed
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
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.
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LRB104 07661 AAS 17705 b
A BILL FOR
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
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1 by the Department or holds a multistate license issued by a
2 party state, as those terms are defined in Article 85. All
3 advanced practice registered nurses licensed and practicing in
4 the State of Illinois shall use the title APRN and may use
5 specialty credentials CNM, CNP, CRNA, or CNS after their name.
6 All advanced practice registered nurses may only practice in
7 accordance with national certification and this Act.
8 "Advisory Board" means the Illinois Nursing Workforce
9 Center Advisory Board.
10 "Approved program of professional nursing education" and
11 "approved program of practical nursing education" are programs
12 of professional or practical nursing, respectively, approved
13 by the Department under the provisions of this Act.
14 "Board" means the Board of Nursing appointed by the
15 Secretary.
16 "Center" means the Illinois Nursing Workforce Center.
17 "Collaboration" means a process involving 2 or more health
18 care professionals working together, each contributing one's
19 respective area of expertise to provide more comprehensive
20 patient care.
21 "Competence" means an expected and measurable level of
22 performance that integrates knowledge, skills, abilities, and
23 judgment based on established scientific knowledge and
24 expectations for nursing practice.
25 "Comprehensive nursing assessment" means the gathering of
26 information about the patient's physiological, psychological,
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1 sociological, and spiritual status on an ongoing basis by a
2 registered professional nurse and is the first step in
3 implementing and guiding the nursing plan of care.
4 "Consultation" means the process whereby an advanced
5 practice registered nurse seeks the advice or opinion of
6 another health care professional.
7 "Credentialed" means the process of assessing and
8 validating the qualifications of a health care professional.
9 "Dentist" means a person licensed to practice dentistry
10 under the Illinois Dental Practice Act.
11 "Department" means the Department of Financial and
12 Professional Regulation.
13 "Email address of record" means the designated email
14 address recorded by the Department in the applicant's
15 application file or the licensee's license file, as maintained
16 by the Department's licensure maintenance unit.
17 "Focused nursing assessment" means an appraisal of an
18 individual's status and current situation, contributing to the
19 comprehensive nursing assessment performed by the registered
20 professional nurse or advanced practice registered nurse or
21 the assessment by the physician assistant, physician, dentist,
22 podiatric physician, or other licensed health care
23 professional, as determined by the Department, supporting
24 ongoing data collection, and deciding who needs to be informed
25 of the information and when to inform.
26 "Full practice authority" means the authority of an
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1 advanced practice registered nurse licensed in Illinois and
2 certified as a nurse practitioner, clinical nurse specialist,
3 or nurse midwife to practice without a written collaborative
4 agreement and:
5 (1) to be fully accountable to patients for the
6 quality of advanced nursing care rendered;
7 (2) to be fully accountable for recognizing limits of
8 knowledge and experience and for planning for the
9 management of situations beyond the advanced practice
10 registered nurse's expertise; the full practice authority
11 for advanced practice registered nurses includes accepting
12 referrals from, consulting with, collaborating with, or
13 referring to other health care professionals as warranted
14 by the needs of the patient; and
15 (3) to possess the authority to prescribe medications,
16 including Schedule II through V controlled substances, as
17 provided in Section 65-43.
18 "Full practice authority-pending advanced practice
19 registered nurse" means an advanced practice registered nurse
20 licensed in Illinois and certified as a nurse practitioner,
21 clinical nurse specialist, or nurse midwife who has provided a
22 notarized attestation of completion of at least 250 hours of
23 continuing education or training in the advanced practice
24 registered nurse's area of certification and at least 4,000
25 hours of clinical experience after first attaining national
26 certification and who has submitted an application to the
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1 Department to be granted full practice authority.
2 "Hospital affiliate" means a corporation, partnership,
3 joint venture, limited liability company, or similar
4 organization, other than a hospital, that is devoted primarily
5 to the provision, management, or support of health care
6 services and that directly or indirectly controls, is
7 controlled by, or is under common control of the hospital. For
8 the purposes of this definition, "control" means having at
9 least an equal or a majority ownership or membership interest.
10 A hospital affiliate shall be 100% owned or controlled by any
11 combination of hospitals, their parent corporations, or
12 physicians licensed to practice medicine in all its branches
13 in Illinois. "Hospital affiliate" does not include a health
14 maintenance organization regulated under the Health
15 Maintenance Organization Act.
16 "Impaired nurse" means a nurse licensed under this Act who
17 is unable to practice with reasonable skill and safety because
18 of a physical or mental disability as evidenced by a written
19 determination or written consent based on clinical evidence,
20 including loss of motor skills, abuse of drugs or alcohol, or a
21 psychiatric disorder, of sufficient degree to diminish his or
22 her ability to deliver competent patient care.
23 "License-pending advanced practice registered nurse" means
24 a registered professional nurse who has completed all
25 requirements for licensure as an advanced practice registered
26 nurse except the certification examination and has applied to
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1 take the next available certification exam and received a
2 temporary permit from the Department.
3 "License-pending registered nurse" means a person who has
4 passed the Department-approved registered nurse licensure exam
5 and has applied for a license from the Department. A
6 license-pending registered nurse shall use the title "RN lic
7 pend" on all documentation related to nursing practice.
8 "Nursing intervention" means any treatment based on
9 clinical nursing judgment or knowledge that a nurse performs.
10 An individual or entity shall not mandate that a registered
11 professional nurse delegate nursing interventions if the
12 registered professional nurse determines it is inappropriate
13 to do so. A nurse shall not be subject to disciplinary or any
14 other adverse action for refusing to delegate a nursing
15 intervention based on patient safety.
16 "Physician" means a person licensed to practice medicine
17 in all its branches under the Medical Practice Act of 1987.
18 "Podiatric physician" means a person licensed to practice
19 podiatry under the Podiatric Medical Practice Act of 1987.
20 "Practical nurse" or "licensed practical nurse" means a
21 person who practices practical nursing as defined in this Act
22 and either is licensed as a practical nurse under this Act or
23 holds a multistate license issued by a party state, as those
24 terms are defined in Article 85 and practices practical
25 nursing as defined in this Act. Only a practical nurse
26 licensed under this Act is entitled to use the title "licensed
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1 practical nurse" and the abbreviation "L.P.N.".
2 "Practical nursing" means the performance of nursing
3 interventions requiring the nursing knowledge, judgment, and
4 skill acquired by means of completion of an approved practical
5 nursing education program. Practical nursing includes
6 assisting in the nursing process under the guidance of a
7 registered professional nurse or an advanced practice
8 registered nurse. The practical nurse may work under the
9 direction of a licensed physician, dentist, podiatric
10 physician, or other health care professional determined by the
11 Department.
12 "Privileged" means the authorization granted by the
13 governing body of a healthcare facility, agency, or
14 organization to provide specific patient care services within
15 well-defined limits, based on qualifications reviewed in the
16 credentialing process.
17 "Registered Nurse" or "Registered Professional Nurse"
18 means a person who practices nursing as defined in this Act and
19 either is licensed as a professional nurse under this Act or
20 holds a multistate license issued by a party state, as those
21 terms are defined in Article 85 and practices nursing as
22 defined in this Act. Only a registered nurse licensed under
23 this Act is entitled to use the titles "registered nurse" and
24 "registered professional nurse" and the abbreviation, "R.N.".
25 "Registered professional nursing practice" means a
26 scientific process founded on a professional body of knowledge
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1 that includes, but is not limited to, the protection,
2 promotion, and optimization of health and abilities,
3 prevention of illness and injury, development and
4 implementation of the nursing plan of care, facilitation of
5 nursing interventions to alleviate suffering, care
6 coordination, and advocacy in the care of individuals,
7 families, groups, communities, and populations. "Registered
8 professional nursing practice" does not include the act of
9 medical diagnosis or prescription of medical therapeutic or
10 corrective measures.
11 "Professional assistance program for nurses" means a
12 professional assistance program that meets criteria
13 established by the Board of Nursing and approved by the
14 Secretary, which provides a non-disciplinary treatment
15 approach for nurses licensed under this Act whose ability to
16 practice is compromised by alcohol or chemical substance
17 addiction.
18 "Secretary" means the Secretary of Financial and
19 Professional Regulation.
20 "Unencumbered license" means a license issued in good
21 standing.
22 "Written collaborative agreement" means a written
23 agreement between an advanced practice registered nurse and a
24 collaborating physician, dentist, or podiatric physician
25 pursuant to Section 65-35.
26 (Source: P.A. 103-154, eff. 6-30-23; 103-686, eff. 1-1-25.)
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1 (225 ILCS 65/50-15) (was 225 ILCS 65/5-15)
2 (Section scheduled to be repealed on January 1, 2028)
3 Sec. 50-15. Policy; application of Act.
4 (a) For the protection of life and the promotion of
5 health, and the prevention of illness and communicable
6 diseases, any person practicing or offering to practice
7 advanced, professional, or practical nursing in Illinois shall
8 submit evidence that he or she is qualified to practice, and
9 shall be licensed as provided under this Act. No person shall
10 practice or offer to practice advanced, professional, or
11 practical nursing in Illinois or use any title, sign, card or
12 device to indicate that such a person is practicing
13 professional or practical nursing unless such person has been
14 licensed under the provisions of this Act.
15 (b) This Act does not prohibit the following:
16 (1) The practice of nursing in Federal employment in
17 the discharge of the employee's duties by a person who is
18 employed by the United States government or any bureau,
19 division or agency thereof and is a legally qualified and
20 licensed nurse of another state or territory and not in
21 conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
22 this Act.
23 (2) Nursing that is included in the program of study
24 by students enrolled in programs of nursing or in current
25 nurse practice update courses approved by the Department.
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1 (3) The furnishing of nursing assistance in an
2 emergency.
3 (4) The practice of nursing by a nurse who holds an
4 active license in another state when providing services to
5 patients in Illinois during a bonafide emergency or in
6 immediate preparation for or during interstate transit.
7 (5) The incidental care of the sick by members of the
8 family, domestic servants or housekeepers, or care of the
9 sick where treatment is by prayer or spiritual means.
10 (6) Persons from being employed as unlicensed
11 assistive personnel in private homes, long term care
12 facilities, nurseries, hospitals or other institutions.
13 (7) The practice of practical nursing by one who is a
14 licensed practical nurse under the laws of another U.S.
15 jurisdiction and has applied in writing to the Department,
16 in form and substance satisfactory to the Department, for
17 a license as a licensed practical nurse and who is
18 qualified to receive such license under this Act, until
19 (i) the expiration of 6 months after the filing of such
20 written application, (ii) the withdrawal of such
21 application, or (iii) the denial of such application by
22 the Department.
23 (7.5) The practice of practical nursing by one who is
24 a practical nurse under a multistate license issued by a
25 party state, as those terms are defined in Article 85, and
26 has applied in writing to the Department, in form and
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1 substance satisfactory to the Department, for a license as
2 a practical nurse and who is qualified to receive such
3 license under this Act, until (i) the expiration of 6
4 months after the filing of such written application, (ii)
5 the withdrawal of such application, or (iii) the denial of
6 such application by the Department.
7 (8) The practice of advanced practice registered
8 nursing by one who is an advanced practice registered
9 nurse under the laws of another United States jurisdiction
10 or a foreign jurisdiction and has applied in writing to
11 the Department, in form and substance satisfactory to the
12 Department, for a license as an advanced practice
13 registered nurse and who is qualified to receive such
14 license under this Act, until (i) the expiration of 6
15 months after the filing of such written application, (ii)
16 the withdrawal of such application, or (iii) the denial of
17 such application by the Department.
18 (8.5) The practice of advanced practice registered
19 nursing by one who is an advanced practice registered
20 nurse under a multistate license issued by a party state,
21 as those terms are defined in Article 85, and has applied
22 in writing to the Department, in form and substance
23 satisfactory to the Department, for a license as an
24 advanced practice registered nurse and who is qualified to
25 receive such license under this Act, until (i) the
26 expiration of 6 months after the filing of such written
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1 application, (ii) the withdrawal of such application, or
2 (iii) the denial of such application by the Department.
3 (9) The practice of professional nursing by one who is
4 a registered professional nurse under the laws of another
5 United States jurisdiction or a foreign jurisdiction and
6 has applied in writing to the Department, in form and
7 substance satisfactory to the Department, for a license as
8 a registered professional nurse and who is qualified to
9 receive such license under Section 55-10, until (1) the
10 expiration of 6 months after the filing of such written
11 application, (2) the withdrawal of such application, or
12 (3) the denial of such application by the Department.
13 (9.5) The practice of professional nursing by one who
14 is a registered professional nurse under a multistate
15 license issued by a party state, as those terms are
16 defined in Article 85, and has applied in writing to the
17 Department, in form and substance satisfactory to the
18 Department, for a license as a professional nurse and who
19 is qualified to receive such license under this Act, until
20 (i) the expiration of 6 months after the filing of such
21 written application, (ii) the withdrawal of such
22 application, or (iii) the denial of such application by
23 the Department.
24 (10) The practice of professional nursing that is
25 included in a program of study by one who is a registered
26 professional nurse under the laws of another United States
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1 jurisdiction or a foreign jurisdiction and who is enrolled
2 in a graduate nursing education program or a program for
3 the completion of a baccalaureate nursing degree in this
4 State, which includes clinical supervision by faculty as
5 determined by the educational institution offering the
6 program and the health care organization where the
7 practice of nursing occurs.
8 (10.5) The practice of professional nursing that is
9 included in a program of study by one who is a registered
10 professional nurse under a multistate license issued by a
11 party state, as those terms are defined in Article 85, and
12 has applied in writing to the Department, in form and
13 substance satisfactory to the Department, for a license as
14 a professional nurse and who is qualified to receive such
15 license under this Act, until (i) the expiration of 6
16 months after the filing of such written application, (ii)
17 the withdrawal of such application, or (iii) the denial of
18 such application by the Department.
19 (11) Any person licensed in this State under any other
20 Act from engaging in the practice for which she or he is
21 licensed.
22 (12) Delegation to authorized direct care staff
23 trained under Section 15.4 of the Mental Health and
24 Developmental Disabilities Administrative Act consistent
25 with the policies of the Department.
26 (13) (Blank).
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1 (14) County correctional personnel from delivering
2 prepackaged medication for self-administration to an
3 individual detainee in a correctional facility.
4 Nothing in this Act shall be construed to limit the
5 delegation of tasks or duties by a physician, dentist, or
6 podiatric physician to a licensed practical nurse, a
7 registered professional nurse, or other persons.
8 (Source: P.A. 100-513, eff. 1-1-18.)
9 (225 ILCS 65/Art. 85 heading new)
10 ARTICLE 85. NURSE LICENSURE COMPACT
11 (225 ILCS 65/85-5 new)
12 Sec. 85-5. Nurse Licensure Compact. The State of Illinois
13 ratifies and approves the following Compact:
14 ARTICLE I
15 Findings and Declaration of Purpose
16 a. The party states find that:
17 1. The health and safety of the public are affected by
18 the degree of compliance with and the effectiveness of
19 enforcement activities related to state nurse licensure
20 laws;
21 2. Violations of nurse licensure and other laws
22 regulating the practice of nursing may result in injury or
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1 harm to the public;
2 3. The expanded mobility of nurses and the use of
3 advanced communication technologies as part of our
4 nation's health care delivery system require greater
5 coordination and cooperation among states in the areas of
6 nurse licensure and regulation;
7 4. New practice modalities and technology make
8 compliance with individual state nurse licensure laws
9 difficult and complex;
10 5. The current system of duplicative licensure for
11 nurses practicing in multiple states is cumbersome and
12 redundant for both nurses and states; and
13 6. Uniformity of nurse licensure requirements
14 throughout the states promotes public safety and public
15 health benefits.
16 b. The general purposes of this Compact are to:
17 1. Facilitate the states' responsibility to protect
18 the public's health and safety;
19 2. Ensure and encourage the cooperation of party
20 states in the areas of nurse licensure and regulation;
21 3. Facilitate the exchange of information between
22 party states in the areas of nurse regulation,
23 investigation and adverse actions;
24 4. Promote compliance with the laws governing the
25 practice of nursing in each jurisdiction;
26 5. Invest all party states with the authority to hold
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1 a nurse accountable for meeting all state practice laws in
2 the state in which the patient is located at the time care
3 is rendered through the mutual recognition of party state
4 licenses;
5 6. Decrease redundancies in the consideration and
6 issuance of nurse licenses; and
7 7. Provide opportunities for interstate practice by
8 nurses who meet uniform licensure requirements.
9 ARTICLE II
10 Definitions
11 As used in this Compact:
12 a. "Adverse action" means any administrative, civil,
13 equitable or criminal action permitted by a state's laws
14 which is imposed by a licensing board or other authority
15 against a nurse, including actions against an individual's
16 license or multistate licensure privilege such as
17 revocation, suspension, probation, monitoring of the
18 licensee, limitation on the licensee's practice, or any
19 other encumbrance on licensure affecting a nurse's
20 authorization to practice, including issuance of a cease
21 and desist action.
22 b. "Alternative program" means a non-disciplinary
23 monitoring program approved by a licensing board.
24 c. "Coordinated licensure information system" means an
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1 integrated process for collecting, storing and sharing
2 information on nurse licensure and enforcement activities
3 related to nurse licensure laws that is administered by a
4 nonprofit organization composed of and controlled by
5 licensing boards.
6 d. "Current significant investigative information"
7 means:
8 1. Investigative information that a licensing
9 board, after a preliminary inquiry that includes
10 notification and an opportunity for the nurse to
11 respond, if required by state law, has reason to
12 believe is not groundless and, if proved true, would
13 indicate more than a minor infraction; or
14 2. Investigative information that indicates that
15 the nurse represents an immediate threat to public
16 health and safety regardless of whether the nurse has
17 been notified and had an opportunity to respond.
18 e. "Encumbrance" means a revocation or suspension of,
19 or any limitation on, the full and unrestricted practice
20 of nursing imposed by a licensing board.
21 f. "Home state" means the party state which is the
22 nurse's primary state of residence.
23 g. "Licensing board" means a party state's regulatory
24 body responsible for issuing nurse licenses.
25 h. "Multistate license" means a license to practice as
26 a registered or a licensed practical/vocational nurse
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1 (LPN/VN) issued by a home state licensing board that
2 authorizes the licensed nurse to practice in all party
3 states under a multistate licensure privilege.
4 i. "Multistate licensure privilege" means a legal
5 authorization associated with a multistate license
6 permitting the practice of nursing as either a registered
7 nurse (RN) or LPN/VN in a remote state.
8 j. "Nurse" means RN or LPN/VN, as those terms are
9 defined by each party state's practice laws.
10 k. "Party state" means any state that has adopted this
11 Compact.
12 l. "Remote state" means a party state, other than the
13 home state.
14 m. "Single-state license" means a nurse license issued
15 by a party state that authorizes practice only within the
16 issuing state and does not include a multistate licensure
17 privilege to practice in any other party state.
18 n. "State" means a state, territory or possession of
19 the United States and the District of Columbia.
20 o. "State practice laws" means a party state's laws,
21 rules and regulations that govern the practice of nursing,
22 define the scope of nursing practice, and create the
23 methods and grounds for imposing discipline. "State
24 practice laws" do not include requirements necessary to
25 obtain and retain a license, except for qualifications or
26 requirements of the home state.
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1 ARTICLE III
2 General Provisions and Jurisdiction
3 a. A multistate license to practice registered or licensed
4 practical/vocational nursing issued by a home state to a
5 resident in that state will be recognized by each party state
6 as authorizing a nurse to practice as a registered nurse (RN)
7 or as a licensed practical/vocational nurse (LPN/VN), under a
8 multistate licensure privilege, in each party state.
9 b. A state must implement procedures for considering the
10 criminal history records of applicants for initial multistate
11 license or licensure by endorsement. Such procedures shall
12 include the submission of fingerprints or other
13 biometric-based information by applicants for the purpose of
14 obtaining an applicant's criminal history record information
15 from the Federal Bureau of Investigation and the agency
16 responsible for retaining that state's criminal records.
17 c. Each party state shall require the following for an
18 applicant to obtain or retain a multistate license in the home
19 state:
20 1. Meets the home state's qualifications for licensure
21 or renewal of licensure, as well as, all other applicable
22 state laws;
23 2. i. Has graduated or is eligible to graduate from a
24 licensing board-approved RN or LPN/VN prelicensure
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1 education program; or
2 ii. Has graduated from a foreign RN or LPN/VN
3 prelicensure education program that (a) has been approved
4 by the authorized accrediting body in the applicable
5 country and (b) has been verified by an independent
6 credentials review agency to be comparable to a licensing
7 board-approved prelicensure education program;
8 3. Has, if a graduate of a foreign prelicensure
9 education program not taught in English or if English is
10 not the individual's native language, successfully passed
11 an English proficiency examination that includes the
12 components of reading, speaking, writing and listening;
13 4. Has successfully passed an NCLEX-RN or NCLEX-PN
14 Examination or recognized predecessor, as applicable;
15 5. Is eligible for or holds an active, unencumbered
16 license;
17 6. Has submitted, in connection with an application
18 for initial licensure or licensure by endorsement,
19 fingerprints or other biometric data for the purpose of
20 obtaining criminal history record information from the
21 Federal Bureau of Investigation and the agency responsible
22 for retaining that state's criminal records;
23 7. Has not been convicted or found guilty, or has
24 entered into an agreed disposition, of a felony offense
25 under applicable state or federal criminal law;
26 8. Has not been convicted or found guilty, or has
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1 entered into an agreed disposition, of a misdemeanor
2 offense related to the practice of nursing as determined
3 on a case-by-case basis;
4 9. Is not currently enrolled in an alternative
5 program;
6 10. Is subject to self-disclosure requirements
7 regarding current participation in an alternative program;
8 and
9 11. Has a valid United States Social Security number.
10 d. All party states shall be authorized, in accordance
11 with existing state due process law, to take adverse action
12 against a nurse's multistate licensure privilege such as
13 revocation, suspension, probation or any other action that
14 affects a nurse's authorization to practice under a multistate
15 licensure privilege, including cease and desist actions. If a
16 party state takes such action, it shall promptly notify the
17 administrator of the coordinated licensure information system.
18 The administrator of the coordinated licensure information
19 system shall promptly notify the home state of any such
20 actions by remote states.
21 e. A nurse practicing in a party state must comply with the
22 state practice laws of the state in which the client is located
23 at the time service is provided. The practice of nursing is not
24 limited to patient care, but shall include all nursing
25 practice as defined by the state practice laws of the party
26 state in which the client is located. The practice of nursing
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1 in a party state under a multistate licensure privilege will
2 subject a nurse to the jurisdiction of the licensing board,
3 the courts and the laws of the party state in which the client
4 is located at the time service is provided.
5 f. Individuals not residing in a party state shall
6 continue to be able to apply for a party state's single-state
7 license as provided under the laws of each party state.
8 However, the single-state license granted to these individuals
9 will not be recognized as granting the privilege to practice
10 nursing in any other party state. Nothing in this Compact
11 shall affect the requirements established by a party state for
12 the issuance of a single-state license.
13 g. Any nurse holding a home state multistate license, on
14 the effective date of this Compact, may retain and renew the
15 multistate license issued by the nurse's then-current home
16 state, provided that:
17 1. A nurse, who changes primary state of residence
18 after this Compact's effective date, must meet all
19 applicable Article III.c. requirements to obtain a
20 multistate license from a new home state.
21 2. A nurse who fails to satisfy the multistate
22 licensure requirements in Article III.c. due to a
23 disqualifying event occurring after this Compact's
24 effective date shall be ineligible to retain or renew a
25 multistate license, and the nurse's multistate license
26 shall be revoked or deactivated in accordance with
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1 applicable rules adopted by the Interstate Commission of
2 Nurse Licensure Compact Administrators ("Commission").
3 ARTICLE IV
4 Applications for Licensure in a Party State
5 a. Upon application for a multistate license, the
6 licensing board in the issuing party state shall ascertain,
7 through the coordinated licensure information system, whether
8 the applicant has ever held, or is the holder of, a license
9 issued by any other state, whether there are any encumbrances
10 on any license or multistate licensure privilege held by the
11 applicant, whether any adverse action has been taken against
12 any license or multistate licensure privilege held by the
13 applicant and whether the applicant is currently participating
14 in an alternative program.
15 b. A nurse may hold a multistate license, issued by the
16 home state, in only one party state at a time.
17 c. If a nurse changes primary state of residence by moving
18 between two party states, the nurse must apply for licensure
19 in the new home state, and the multistate license issued by the
20 prior home state will be deactivated in accordance with
21 applicable rules adopted by the Commission.
22 1. The nurse may apply for licensure in advance of a
23 change in primary state of residence.
24 2. A multistate license shall not be issued by the new
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1 home state until the nurse provides satisfactory evidence
2 of a change in primary state of residence to the new home
3 state and satisfies all applicable requirements to obtain
4 a multistate license from the new home state.
5 d. If a nurse changes primary state of residence by moving
6 from a party state to a non-party state, the multistate
7 license issued by the prior home state will convert to a
8 single-state license, valid only in the former home state.
9 ARTICLE V
10 Additional Authorities Invested in Party State Licensing
11 Boards
12 a. In addition to the other powers conferred by state law,
13 a licensing board shall have the authority to:
14 1. Take adverse action against a nurse's multistate
15 licensure privilege to practice within that party state.
16 i. Only the home state shall have the power to take
17 adverse action against a nurse's license issued by the
18 home state.
19 ii. For purposes of taking adverse action, the
20 home state licensing board shall give the same
21 priority and effect to reported conduct received from
22 a remote state as it would if such conduct had occurred
23 within the home state. In so doing, the home state
24 shall apply its own state laws to determine
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1 appropriate action.
2 2. Issue cease and desist orders or impose an
3 encumbrance on a nurse's authority to practice within that
4 party state.
5 3. Complete any pending investigations of a nurse who
6 changes primary state of residence during the course of
7 such investigations. The licensing board shall also have
8 the authority to take appropriate action(s) and shall
9 promptly report the conclusions of such investigations to
10 the administrator of the coordinated licensure information
11 system. The administrator of the coordinated licensure
12 information system shall promptly notify the new home
13 state of any such actions.
14 4. Issue subpoenas for both hearings and
15 investigations that require the attendance and testimony
16 of witnesses, as well as, the production of evidence.
17 Subpoenas issued by a licensing board in a party state for
18 the attendance and testimony of witnesses or the
19 production of evidence from another party state shall be
20 enforced in the latter state by any court of competent
21 jurisdiction, according to the practice and procedure of
22 that court applicable to subpoenas issued in proceedings
23 pending before it. The issuing authority shall pay any
24 witness fees, travel expenses, mileage and other fees
25 required by the service statutes of the state in which the
26 witnesses or evidence are located.
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1 5. Obtain and submit, for each nurse licensure
2 applicant, fingerprint or other biometric-based
3 information to the Federal Bureau of Investigation for
4 criminal background checks, receive the results of the
5 Federal Bureau of Investigation record search on criminal
6 background checks and use the results in making licensure
7 decisions.
8 6. If otherwise permitted by state law, recover from
9 the affected nurse the costs of investigations and
10 disposition of cases resulting from any adverse action
11 taken against that nurse.
12 7. Take adverse action based on the factual findings
13 of the remote state, provided that the licensing board
14 follows its own procedures for taking such adverse action.
15 b. If adverse action is taken by the home state against a
16 nurse's multistate license, the nurse's multistate licensure
17 privilege to practice in all other party states shall be
18 deactivated until all encumbrances have been removed from the
19 multistate license. All home state disciplinary orders that
20 impose adverse action against a nurse's multistate license
21 shall include a statement that the nurse's multistate
22 licensure privilege is deactivated in all party states during
23 the pendency of the order.
24 c. Nothing in this Compact shall override a party state's
25 decision that participation in an alternative program may be
26 used in lieu of adverse action. The home state licensing board
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1 shall deactivate the multistate licensure privilege under the
2 multistate license of any nurse for the duration of the
3 nurse's participation in an alternative program.
4 ARTICLE VI
5 Coordinated Licensure Information System and Exchange of
6 Information
7 a. All party states shall participate in a coordinated
8 licensure information system of all licensed registered nurses
9 (RNs) and licensed practical/vocational nurses (LPNs/VNs).
10 This system will include information on the licensure and
11 disciplinary history of each nurse, as submitted by party
12 states, to assist in the coordination of nurse licensure and
13 enforcement efforts.
14 b. The Commission, in consultation with the administrator
15 of the coordinated licensure information system, shall
16 formulate necessary and proper procedures for the
17 identification, collection and exchange of information under
18 this Compact.
19 c. All licensing boards shall promptly report to the
20 coordinated licensure information system any adverse action,
21 any current significant investigative information, denials of
22 applications (with the reasons for such denials) and nurse
23 participation in alternative programs known to the licensing
24 board regardless of whether such participation is deemed
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1 nonpublic or confidential under state law.
2 d. Current significant investigative information and
3 participation in nonpublic or confidential alternative
4 programs shall be transmitted through the coordinated
5 licensure information system only to party state licensing
6 boards.
7 e. Notwithstanding any other provision of law, all party
8 state licensing boards contributing information to the
9 coordinated licensure information system may designate
10 information that may not be shared with non-party states or
11 disclosed to other entities or individuals without the express
12 permission of the contributing state.
13 f. Any personally identifiable information obtained from
14 the coordinated licensure information system by a party state
15 licensing board shall not be shared with non-party states or
16 disclosed to other entities or individuals except to the
17 extent permitted by the laws of the party state contributing
18 the information.
19 g. Any information contributed to the coordinated
20 licensure information system that is subsequently required to
21 be expunged by the laws of the party state contributing that
22 information shall also be expunged from the coordinated
23 licensure information system.
24 h. The Compact administrator of each party state shall
25 furnish a uniform data set to the Compact administrator of
26 each other party state, which shall include, at a minimum:
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1 1. Identifying information;
2 2. Licensure data;
3 3. Information related to alternative program
4 participation; and
5 4. Other information that may facilitate the
6 administration of this Compact, as determined by
7 Commission rules.
8 i. The Compact administrator of a party state shall
9 provide all investigative documents and information requested
10 by another party state.
11 ARTICLE VII
12 Establishment of the Interstate Commission of Nurse Licensure
13 Compact Administrators
14 a. The party states hereby create and establish a joint
15 public entity known as the Interstate Commission of Nurse
16 Licensure Compact Administrators.
17 1. The Commission is an instrumentality of the party
18 states.
19 2. Venue is proper, and judicial proceedings by or
20 against the Commission shall be brought solely and
21 exclusively, in a court of competent jurisdiction where
22 the principal office of the Commission is located. The
23 Commission may waive venue and jurisdictional defenses to
24 the extent it adopts or consents to participate in
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1 alternative dispute resolution proceedings.
2 3. Nothing in this Compact shall be construed to be a
3 waiver of sovereign immunity.
4 b. Membership, Voting and Meetings
5 1. Each party state shall have and be limited to one
6 administrator. The head of the state licensing board or
7 designee shall be the administrator of this Compact for
8 each party state. Any administrator may be removed or
9 suspended from office as provided by the law of the state
10 from which the Administrator is appointed. Any vacancy
11 occurring in the Commission shall be filled in accordance
12 with the laws of the party state in which the vacancy
13 exists.
14 2. Each administrator shall be entitled to one (1)
15 vote with regard to the promulgation of rules and creation
16 of bylaws and shall otherwise have an opportunity to
17 participate in the business and affairs of the Commission.
18 An administrator shall vote in person or by such other
19 means as provided in the bylaws. The bylaws may provide
20 for an administrator's participation in meetings by
21 telephone or other means of communication.
22 3. The Commission shall meet at least once during each
23 calendar year. Additional meetings shall be held as set
24 forth in the bylaws or rules of the commission.
25 4. All meetings shall be open to the public, and
26 public notice of meetings shall be given in the same
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1 manner as required under the rulemaking provisions in
2 Article VIII.
3 5. The Commission may convene in a closed, nonpublic
4 meeting if the Commission must discuss:
5 i. Noncompliance of a party state with its
6 obligations under this Compact;
7 ii. The employment, compensation, discipline or
8 other personnel matters, practices or procedures
9 related to specific employees or other matters related
10 to the Commission's internal personnel practices and
11 procedures;
12 iii. Current, threatened or reasonably anticipated
13 litigation;
14 iv. Negotiation of contracts for the purchase or
15 sale of goods, services or real estate;
16 v. Accusing any person of a crime or formally
17 censuring any person;
18 vi. Disclosure of trade secrets or commercial or
19 financial information that is privileged or
20 confidential;
21 vii. Disclosure of information of a personal
22 nature where disclosure would constitute a clearly
23 unwarranted invasion of personal privacy;
24 viii. Disclosure of investigatory records compiled
25 for law enforcement purposes;
26 ix. Disclosure of information related to any
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1 reports prepared by or on behalf of the Commission for
2 the purpose of investigation of compliance with this
3 Compact; or
4 x. Matters specifically exempted from disclosure
5 by federal or state statute.
6 6. If a meeting, or portion of a meeting, is closed
7 pursuant to this provision, the Commission's legal counsel
8 or designee shall certify that the meeting may be closed
9 and shall reference each relevant exempting provision. The
10 Commission shall keep minutes that fully and clearly
11 describe all matters discussed in a meeting and shall
12 provide a full and accurate summary of actions taken, and
13 the reasons therefor, including a description of the views
14 expressed. All documents considered in connection with an
15 action shall be identified in such minutes. All minutes
16 and documents of a closed meeting shall remain under seal,
17 subject to release by a majority vote of the Commission or
18 order of a court of competent jurisdiction.
19 c. The Commission shall, by a majority vote of the
20 administrators, prescribe bylaws or rules to govern its
21 conduct as may be necessary or appropriate to carry out the
22 purposes and exercise the powers of this Compact, including
23 but not limited to:
24 1. Establishing the fiscal year of the Commission;
25 2. Providing reasonable standards and procedures:
26 i. For the establishment and meetings of other
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1 committees; and
2 ii. Governing any general or specific delegation
3 of any authority or function of the Commission;
4 3. Providing reasonable procedures for calling and
5 conducting meetings of the Commission, ensuring reasonable
6 advance notice of all meetings and providing an
7 opportunity for attendance of such meetings by interested
8 parties, with enumerated exceptions designed to protect
9 the public's interest, the privacy of individuals, and
10 proprietary information, including trade secrets. The
11 Commission may meet in closed session only after a
12 majority of the administrators vote to close a meeting in
13 whole or in part. As soon as practicable, the Commission
14 must make public a copy of the vote to close the meeting
15 revealing the vote of each administrator, with no proxy
16 votes allowed;
17 4. Establishing the titles, duties and authority and
18 reasonable procedures for the election of the officers of
19 the Commission;
20 5. Providing reasonable standards and procedures for
21 the establishment of the personnel policies and programs
22 of the Commission. Notwithstanding any civil service or
23 other similar laws of any party state, the bylaws shall
24 exclusively govern the personnel policies and programs of
25 the Commission; and
26 6. Providing a mechanism for winding up the operations
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1 of the Commission and the equitable disposition of any
2 surplus funds that may exist after the termination of this
3 Compact after the payment or reserving of all of its debts
4 and obligations;
5 d. The Commission shall publish its bylaws and rules, and
6 any amendments thereto, in a convenient form on the website of
7 the Commission.
8 e. The Commission shall maintain its financial records in
9 accordance with the bylaws.
10 f. The Commission shall meet and take such actions as are
11 consistent with the provisions of this Compact and the bylaws.
12 g. The Commission shall have the following powers:
13 1. To promulgate uniform rules to facilitate and
14 coordinate implementation and administration of this
15 Compact. The rules shall have the force and effect of law
16 and shall be binding in all party states;
17 2. To bring and prosecute legal proceedings or actions
18 in the name of the Commission, provided that the standing
19 of any licensing board to sue or be sued under applicable
20 law shall not be affected;
21 3. To purchase and maintain insurance and bonds;
22 4. To borrow, accept or contract for services of
23 personnel, including, but not limited to, employees of a
24 party state or nonprofit organizations;
25 5. To cooperate with other organizations that
26 administer state compacts related to the regulation of
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1 nursing, including but not limited to sharing
2 administrative or staff expenses, office space or other
3 resources;
4 6. To hire employees, elect or appoint officers, fix
5 compensation, define duties, grant such individuals
6 appropriate authority to carry out the purposes of this
7 Compact, and to establish the Commission's personnel
8 policies and programs relating to conflicts of interest,
9 qualifications of personnel and other related personnel
10 matters;
11 7. To accept any and all appropriate donations, grants
12 and gifts of money, equipment, supplies, materials and
13 services, and to receive, utilize and dispose of the same;
14 provided that at all times the Commission shall avoid any
15 appearance of impropriety or conflict of interest;
16 8. To lease, purchase, accept appropriate gifts or
17 donations of, or otherwise to own, hold, improve or use,
18 any property, whether real, personal or mixed; provided
19 that at all times the Commission shall avoid any
20 appearance of impropriety;
21 9. To sell, convey, mortgage, pledge, lease, exchange,
22 abandon or otherwise dispose of any property, whether
23 real, personal or mixed;
24 10. To establish a budget and make expenditures;
25 11. To borrow money;
26 12. To appoint committees, including advisory
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1 committees comprised of administrators, state nursing
2 regulators, state legislators or their representatives,
3 and consumer representatives, and other such interested
4 persons;
5 13. To provide and receive information from, and to
6 cooperate with, law enforcement agencies;
7 14. To adopt and use an official seal; and
8 15. To perform such other functions as may be
9 necessary or appropriate to achieve the purposes of this
10 Compact consistent with the state regulation of nurse
11 licensure and practice.
12 h. Financing of the Commission
13 1. The Commission shall pay, or provide for the
14 payment of, the reasonable expenses of its establishment,
15 organization and ongoing activities.
16 2. The Commission may also levy on and collect an
17 annual assessment from each party state to cover the cost
18 of its operations, activities and staff in its annual
19 budget as approved each year. The aggregate annual
20 assessment amount, if any, shall be allocated based upon a
21 formula to be determined by the Commission, which shall
22 promulgate a rule that is binding upon all party states.
23 3. The Commission shall not incur obligations of any
24 kind prior to securing the funds adequate to meet the
25 same; nor shall the Commission pledge the credit of any of
26 the party states, except by, and with the authority of,
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1 such party state.
2 4. The Commission shall keep accurate accounts of all
3 receipts and disbursements. The receipts and disbursements
4 of the Commission shall be subject to the audit and
5 accounting procedures established under its bylaws.
6 However, all receipts and disbursements of funds handled
7 by the Commission shall be audited yearly by a certified
8 or licensed public accountant, and the report of the audit
9 shall be included in and become part of the annual report
10 of the Commission.
11 i. Qualified Immunity, Defense and Indemnification
12 1. The administrators, officers, executive director,
13 employees and representatives of the Commission shall be
14 immune from suit and liability, either personally or in
15 their official capacity, for any claim for damage to or
16 loss of property or personal injury or other civil
17 liability caused by or arising out of any actual or
18 alleged act, error or omission that occurred, or that the
19 person against whom the claim is made had a reasonable
20 basis for believing occurred, within the scope of
21 Commission employment, duties or responsibilities;
22 provided that nothing in this paragraph shall be construed
23 to protect any such person from suit or liability for any
24 damage, loss, injury or liability caused by the
25 intentional, willful or wanton misconduct of that person.
26 2. The Commission shall defend any administrator,
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1 officer, executive director, employee or representative of
2 the Commission in any civil action seeking to impose
3 liability arising out of any actual or alleged act, error
4 or omission that occurred within the scope of Commission
5 employment, duties or responsibilities, or that the person
6 against whom the claim is made had a reasonable basis for
7 believing occurred within the scope of Commission
8 employment, duties or responsibilities; provided that
9 nothing herein shall be construed to prohibit that person
10 from retaining his or her own counsel; and provided
11 further that the actual or alleged act, error or omission
12 did not result from that person's intentional, willful or
13 wanton misconduct.
14 3. The Commission shall indemnify and hold harmless
15 any administrator, officer, executive director, employee
16 or representative of the Commission for the amount of any
17 settlement or judgment obtained against that person
18 arising out of any actual or alleged act, error or
19 omission that occurred within the scope of Commission
20 employment, duties or responsibilities, or that such
21 person had a reasonable basis for believing occurred
22 within the scope of Commission employment, duties or
23 responsibilities, provided that the actual or alleged act,
24 error or omission did not result from the intentional,
25 willful or wanton misconduct of that person.
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1 ARTICLE VIII
2 Rulemaking
3 a. The Commission shall exercise its rulemaking powers
4 pursuant to the criteria set forth in this Article and the
5 rules adopted thereunder. Rules and amendments shall become
6 binding as of the date specified in each rule or amendment and
7 shall have the same force and effect as provisions of this
8 Compact.
9 b. Rules or amendments to the rules shall be adopted at a
10 regular or special meeting of the Commission.
11 c. Prior to promulgation and adoption of a final rule or
12 rules by the Commission, and at least sixty (60) days in
13 advance of the meeting at which the rule will be considered and
14 voted upon, the Commission shall file a notice of proposed
15 rulemaking:
16 1. On the website of the Commission; and
17 2. On the website of each licensing board or the
18 publication in which each state would otherwise publish
19 proposed rules.
20 d. The notice of proposed rulemaking shall include:
21 1. The proposed time, date and location of the meeting
22 in which the rule will be considered and voted upon;
23 2. The text of the proposed rule or amendment, and the
24 reason for the proposed rule;
25 3. A request for comments on the proposed rule from
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1 any interested person; and
2 4. The manner in which interested persons may submit
3 notice to the Commission of their intention to attend the
4 public hearing and any written comments.
5 e. Prior to adoption of a proposed rule, the Commission
6 shall allow persons to submit written data, facts, opinions
7 and arguments, which shall be made available to the public.
8 f. The Commission shall grant an opportunity for a public
9 hearing before it adopts a rule or amendment.
10 g. The Commission shall publish the place, time and date
11 of the scheduled public hearing.
12 1. Hearings shall be conducted in a manner providing
13 each person who wishes to comment a fair and reasonable
14 opportunity to comment orally or in writing. All hearings
15 will be recorded, and a copy will be made available upon
16 request.
17 2. Nothing in this section shall be construed as
18 requiring a separate hearing on each rule. Rules may be
19 grouped for the convenience of the Commission at hearings
20 required by this section.
21 h. If no one appears at the public hearing, the Commission
22 may proceed with promulgation of the proposed rule.
23 i. Following the scheduled hearing date, or by the close
24 of business on the scheduled hearing date if the hearing was
25 not held, the Commission shall consider all written and oral
26 comments received.
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1 j. The Commission shall, by majority vote of all
2 administrators, take final action on the proposed rule and
3 shall determine the effective date of the rule, if any, based
4 on the rulemaking record and the full text of the rule.
5 k. Upon determination that an emergency exists, the
6 Commission may consider and adopt an emergency rule without
7 prior notice, opportunity for comment or hearing, provided
8 that the usual rulemaking procedures provided in this Compact
9 and in this section shall be retroactively applied to the rule
10 as soon as reasonably possible, in no event later than ninety
11 (90) days after the effective date of the rule. For the
12 purposes of this provision, an emergency rule is one that must
13 be adopted immediately in order to:
14 1. Meet an imminent threat to public health, safety or
15 welfare;
16 2. Prevent a loss of Commission or party state funds;
17 or
18 3. Meet a deadline for the promulgation of an
19 administrative rule that is required by federal law or
20 rule.
21 l. The Commission may direct revisions to a previously
22 adopted rule or amendment for purposes of correcting
23 typographical errors, errors in format, errors in consistency
24 or grammatical errors. Public notice of any revisions shall be
25 posted on the website of the Commission. The revision shall be
26 subject to challenge by any person for a period of thirty (30)
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1 days after posting. The revision may be challenged only on
2 grounds that the revision results in a material change to a
3 rule. A challenge shall be made in writing, and delivered to
4 the Commission, prior to the end of the notice period. If no
5 challenge is made, the revision will take effect without
6 further action. If the revision is challenged, the revision
7 may not take effect without the approval of the Commission.
8 ARTICLE IX
9 Oversight, Dispute Resolution and Enforcement
10 a. Oversight
11 1. Each party state shall enforce this Compact and
12 take all actions necessary and appropriate to effectuate
13 this Compact's purposes and intent.
14 2. The Commission shall be entitled to receive service
15 of process in any proceeding that may affect the powers,
16 responsibilities or actions of the Commission, and shall
17 have standing to intervene in such a proceeding for all
18 purposes. Failure to provide service of process in such
19 proceeding to the Commission shall render a judgment or
20 order void as to the Commission, this Compact or
21 promulgated rules.
22 b. Default, Technical Assistance and Termination
23 1. If the Commission determines that a party state has
24 defaulted in the performance of its obligations or
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1 responsibilities under this Compact or the promulgated
2 rules, the Commission shall:
3 i. Provide written notice to the defaulting state
4 and other party states of the nature of the default,
5 the proposed means of curing the default or any other
6 action to be taken by the Commission; and
7 ii. Provide remedial training and specific
8 technical assistance regarding the default.
9 2. If a state in default fails to cure the default, the
10 defaulting state's membership in this Compact may be
11 terminated upon an affirmative vote of a majority of the
12 administrators, and all rights, privileges and benefits
13 conferred by this Compact may be terminated on the
14 effective date of termination. A cure of the default does
15 not relieve the offending state of obligations or
16 liabilities incurred during the period of default.
17 3. Termination of membership in this Compact shall be
18 imposed only after all other means of securing compliance
19 have been exhausted. Notice of intent to suspend or
20 terminate shall be given by the Commission to the governor
21 of the defaulting state and to the executive officer of
22 the defaulting state's licensing board and each of the
23 party states.
24 4. A state whose membership in this Compact has been
25 terminated is responsible for all assessments, obligations
26 and liabilities incurred through the effective date of
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1 termination, including obligations that extend beyond the
2 effective date of termination.
3 5. The Commission shall not bear any costs related to
4 a state that is found to be in default or whose membership
5 in this Compact has been terminated unless agreed upon in
6 writing between the Commission and the defaulting state.
7 6. The defaulting state may appeal the action of the
8 Commission by petitioning the U.S. District Court for the
9 District of Columbia or the federal district in which the
10 Commission has its principal offices. The prevailing party
11 shall be awarded all costs of such litigation, including
12 reasonable attorneys' fees.
13 c. Dispute Resolution
14 1. Upon request by a party state, the Commission shall
15 attempt to resolve disputes related to the Compact that
16 arise among party states and between party and non-party
17 states.
18 2. The Commission shall promulgate a rule providing
19 for both mediation and binding dispute resolution for
20 disputes, as appropriate.
21 3. In the event the Commission cannot resolve disputes
22 among party states arising under this Compact:
23 i. The party states may submit the issues in
24 dispute to an arbitration panel, which will be
25 comprised of individuals appointed by the Compact
26 administrator in each of the affected party states and
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1 an individual mutually agreed upon by the Compact
2 administrators of all the party states involved in the
3 dispute.
4 ii. The decision of a majority of the arbitrators
5 shall be final and binding.
6 d. Enforcement
7 1. The Commission, in the reasonable exercise of its
8 discretion, shall enforce the provisions and rules of this
9 Compact.
10 2. By majority vote, the Commission may initiate legal
11 action in the U.S. District Court for the District of
12 Columbia or the federal district in which the Commission
13 has its principal offices against a party state that is in
14 default to enforce compliance with the provisions of this
15 Compact and its promulgated rules and bylaws. The relief
16 sought may include both injunctive relief and damages. In
17 the event judicial enforcement is necessary, the
18 prevailing party shall be awarded all costs of such
19 litigation, including reasonable attorneys' fees.
20 3. The remedies herein shall not be the exclusive
21 remedies of the Commission. The Commission may pursue any
22 other remedies available under federal or state law.
23 ARTICLE X
24 Effective Date, Withdrawal and Amendment
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1 a. This Compact shall become effective and binding on the
2 earlier of the date of legislative enactment of this Compact
3 into law by no less than twenty-six (26) states or December 31,
4 2018. All party states to this Compact, that also were parties
5 to the prior Nurse Licensure Compact, superseded by this
6 Compact, ("Prior Compact"), shall be deemed to have withdrawn
7 from said Prior Compact within six (6) months after the
8 effective date of this Compact.
9 b. Each party state to this Compact shall continue to
10 recognize a nurse's multistate licensure privilege to practice
11 in that party state issued under the Prior Compact until such
12 party state has withdrawn from the Prior Compact.
13 c. Any party state may withdraw from this Compact by
14 enacting a statute repealing the same. A party state's
15 withdrawal shall not take effect until six (6) months after
16 enactment of the repealing statute.
17 d. A party state's withdrawal or termination shall not
18 affect the continuing requirement of the withdrawing or
19 terminated state's licensing board to report adverse actions
20 and significant investigations occurring prior to the
21 effective date of such withdrawal or termination.
22 e. Nothing contained in this Compact shall be construed to
23 invalidate or prevent any nurse licensure agreement or other
24 cooperative arrangement between a party state and a non-party
25 state that is made in accordance with the other provisions of
26 this Compact.
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1 f. This Compact may be amended by the party states. No
2 amendment to this Compact shall become effective and binding
3 upon the party states unless and until it is enacted into the
4 laws of all party states.
5 g. Representatives of non-party states to this Compact
6 shall be invited to participate in the activities of the
7 Commission, on a nonvoting basis, prior to the adoption of
8 this Compact by all states.
9 ARTICLE XI
10 Construction and Severability
11 This Compact shall be liberally construed so as to effectuate
12 the purposes thereof. The provisions of this Compact shall be
13 severable, and if any phrase, clause, sentence or provision of
14 this Compact is declared to be contrary to the constitution of
15 any party state or of the United States, or if the
16 applicability thereof to any government, agency, person or
17 circumstance is held invalid, the validity of the remainder of
18 this Compact and the applicability thereof to any government,
19 agency, person or circumstance shall not be affected thereby.
20 If this Compact shall be held to be contrary to the
21 constitution of any party state, this Compact shall remain in
22 full force and effect as to the remaining party states and in
23 full force and effect as to the party state affected as to all
24 severable matters.
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1 (225 ILCS 65/85-10 new)
2 Sec. 85-10. State labor laws. The Nurse Licensure Compact
3 does not supersede existing State labor laws.
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