Kansas 2025-2026 Regular Session

Kansas House Bill HB2266 Compare Versions

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

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2266
3	3	By Committee on Health and Human Services
4	4	Requested by Representative Beuhler on behalf of the Kansas Chamber of
5	5	Commerce
6	6	2-4
7	7	AN ACT concerning health and healthcare; relating to advanced practice
8	8	registered nurses; enacting the advanced practice registered nurses
9	9	compact to provide interstate practice privileges.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. This section shall be known and may be cited as the
12	12	advanced practice registered nurse compact.
13	13	ARTICLE 1—FINDINGS AND DECLARATION OF PURPOSE
14	14	(a) The party states find that:
15	15	(1) The health and safety of the public are affected by the degree of
16	16	compliance with advanced practice registered nurse (APRN) licensure
17	17	requirements and the effectiveness of enforcement activities related to
18	18	state APRN licensure laws;
19	19	(2) violations of APRN licensure and other laws regulating the
20	20	practice of nursing may result in injury or harm to the public;
21	21	(3) the expanded mobility of APRNs and the use of advanced
22	22	communication and intervention technologies as part of our nation's
23	23	healthcare delivery system require greater coordination and cooperation
24	24	among states in the areas of APRN licensure and regulation;
25	25	(4) new practice modalities and technology make compliance with
26	26	individual state APRN licensure laws difficult and complex;
27	27	(5) the current system of duplicative APRN licensure for APRNs
28	28	practicing in multiple states is cumbersome and redundant for healthcare
29	29	delivery systems, payors, state licensing boards, regulators and APRNs;
30	30	and
31	31	(6) uniformity of APRN licensure requirements throughout the states
32	32	promotes public safety and public health benefits and provides a
33	33	mechanism to increase access to care.
34	34	(b) The general purposes of this compact are to:
35	35	(1) Facilitate the states' responsibility to protect the public's health
36	36	and safety;
37	37	(2) ensure and encourage the cooperation of party states in the areas
38	38	of APRN licensure and regulation, including promotion of uniform
39	39	licensure requirements;
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34 HB 2266 2
74	74	(3) facilitate the exchange of information between party states in the
75	75	areas of APRN regulation, investigation and adverse actions;
76	76	(4) promote compliance with laws governing APRN practice in each
77	77	jurisdiction;
78	78	(5) invest all party states with the authority to hold an APRN
79	79	accountable for meeting all state practice laws in the state in which the
80	80	patient is located at the time care is rendered through the mutual
81	81	recognition of party state privileges to practice;
82	82	(6) decrease redundancies in the consideration and issuance of APRN
83	83	licenses; and
84	84	(7) provide opportunities for interstate practice by APRNs who meet
85	85	uniform licensure requirements.
86	86	ARTICLE 2—DEFINITIONS
87	87	As used in this compact:
88	88	(a) "Advanced practice registered nurse" or "APRN" means a
89	89	registered nurse who has gained additional specialized knowledge, skills
90	90	and experience through a program of study recognized or defined by the
91	91	interstate commission of APRN compact administrators (commission), and
92	92	who is licensed to perform advanced nursing practice. An advanced
93	93	practice registered nurse is licensed in an APRN role that is congruent with
94	94	an APRN educational program, certification and commission rules.
95	95	(b) "Adverse action" means any administrative, civil, equitable or
96	96	criminal action permitted by a state's laws that is imposed by a licensing
97	97	board or other authority against an APRN, including actions against an
98	98	individual's license or multistate licensure privilege such as revocation,
99	99	suspension, probation, monitoring of the licensee, limitation on the
100	100	licensee's practice or any other encumbrance on licensure affecting an
101	101	APRN's authorization to practice, including the issuance of a cease and
102	102	desist action.
103	103	(c) "Alternative program" means a non-disciplinary monitoring
104	104	program approved by a licensing board.
105	105	(d) "APRN licensure" means the regulatory mechanism used by a
106	106	party state to grant legal authority to practice as an APRN.
107	107	(e) "APRN uniform licensure requirements" means the minimum
108	108	uniform licensure, education and examination requirements set forth in
109	109	article 3(b) of this compact.
110	110	(f) "Coordinated licensure information system" means an integrated
111	111	process for collecting, storing and sharing information on APRN licensure
112	112	and enforcement activities related to APRN licensure laws that is
113	113	administered by a nonprofit organization, composed of and controlled by
114	114	licensing boards.
115	115	(g) "Current significant investigatory information" means
116	116	investigative information that:
117	117	1
118	118	2
119	119	3
120	120	4
121	121	5
122	122	6
123	123	7
124	124	8
125	125	9
126	126	10
127	127	11
128	128	12
129	129	13
130	130	14
131	131	15
132	132	16
133	133	17
134	134	18
135	135	19
136	136	20
137	137	21
138	138	22
139	139	23
140	140	24
141	141	25
142	142	26
143	143	27
144	144	28
145	145	29
146	146	30
147	147	31
148	148	32
149	149	33
150	150	34
151	151	35
152	152	36
153	153	37
154	154	38
155	155	39
156	156	40
157	157	41
158	158	42
159	159	43 HB 2266 3
160	160	(1) A licensing board, after a preliminary inquiry that includes
161	161	notification and an opportunity for the APRN to respond, if required by
162	162	state law, has reason to believe is not groundless and, if proved true, would
163	163	indicate more than a minor infraction; or
164	164	(2) indicates that the APRN represents an immediate threat to public
165	165	health and safety regardless of whether the APRN has been notified and
166	166	had an opportunity to respond.
167	167	(h) "Encumbrance" means a revocation or suspension of, or any
168	168	limitation on, the full and unrestricted practice of nursing imposed by a
169	169	licensing board in connection with a disciplinary proceeding.
170	170	(i) "Home state" means the party state that is the APRN's primary
171	171	state of residence.
172	172	(j) "Licensing board" means a party state's regulatory body
173	173	responsible for regulating the practice of advanced practice registered
174	174	nursing.
175	175	(k) "Multistate license" means an APRN license to practice as an
176	176	APRN issued by a home state licensing board that authorizes the APRN to
177	177	practice as an APRN in all party states under a multistate licensure
178	178	privilege, in the same role and population focus as the APRN is licensed in
179	179	the home state.
180	180	(l) "Multistate licensure privilege" means a legal authorization
181	181	associated with an APRN multistate license that permits an APRN to
182	182	practice as an APRN in a remote state, in the same role and population
183	183	focus as the APRN is licensed in the home state.
184	184	(m) "Non-controlled prescription drug" means a device or drug that is
185	185	not a controlled substance and is prohibited under state or federal law from
186	186	being dispensed without a prescription. The term includes a device or drug
187	187	that bears or is required to bear the legend "Caution: federal law prohibits
188	188	dispensing without prescription" or "prescription only" or other legend that
189	189	complies with federal law.
190	190	(n) "Party state" means any state that has adopted this compact.
191	191	(o) "Population focus" means one of the six population foci of family
192	192	and individual across the lifespan, adult-gerontology, pediatrics, neonatal,
193	193	women's health and gender-related and psychiatric-mental health.
194	194	(p) "Prescriptive authority" means the legal authority to prescribe
195	195	medications and devices as defined by party state laws.
196	196	(q) "Remote state" means a party state that is not the home state.
197	197	(r) "Role" means one of the four recognized roles of certified
198	198	registered nurse anesthetists (CRNA), certified nurse-midwives (CNM),
199	199	clinical nurse specialists (CNS) and certified nurse practitioners (CNP).
200	200	(s) "Single-state license" means an APRN license issued by a party
201	201	state that authorizes practice only within the issuing state and does not
202	202	include a multistate licensure privilege to practice in any other party state.
203	203	1
204	204	2
205	205	3
206	206	4
207	207	5
208	208	6
209	209	7
210	210	8
211	211	9
212	212	10
213	213	11
214	214	12
215	215	13
216	216	14
217	217	15
218	218	16
219	219	17
220	220	18
221	221	19
222	222	20
223	223	21
224	224	22
225	225	23
226	226	24
227	227	25
228	228	26
229	229	27
230	230	28
231	231	29
232	232	30
233	233	31
234	234	32
235	235	33
236	236	34
237	237	35
238	238	36
239	239	37
240	240	38
241	241	39
242	242	40
243	243	41
244	244	42
245	245	43 HB 2266 4
246	246	(t) "State" means a state, territory or possession of the United States
247	247	and the District of Columbia.
248	248	(u) "State practice laws" means a party state's laws, rules and
249	249	regulations that govern APRN practice, define the scope of advanced
250	250	nursing practice and create the methods and grounds for imposing
251	251	discipline except that prescriptive authority shall be treated in accordance
252	252	with article 3(f) and article 3(g) of this compact. "State practice laws"
253	253	does not include:
254	254	(1) A party state's laws, rules and regulations requiring supervision or
255	255	collaboration with a healthcare professional, except for laws, rules and
256	256	regulations regarding prescribing controlled substances; or
257	257	(2) the requirements necessary to obtain and retain an APRN license,
258	258	except for qualifications or requirements of the home state.
259	259	ARTICLE 3—GENERAL PROVISIONS AND JURISDICTION
260	260	(a) A state shall implement procedures for considering the criminal
261	261	history records of applicants for initial APRN licensure or APRN licensure
262	262	by endorsement. Such procedures shall include the submission of
263	263	fingerprints or other biometric-based information by APRN applicants for
264	264	the purpose of obtaining an applicant's criminal history record information
265	265	from the federal bureau of investigation and the agency responsible for
266	266	retaining that state's criminal records.
267	267	(b) Each party state shall require an applicant to satisfy the following
268	268	APRN uniform licensure requirements to obtain or retain a multistate
269	269	license in the home state:
270	270	(1) Meets the home state's qualifications for licensure or renewal of
271	271	licensure, as well as, all other applicable state laws;
272	272	(2)(A) has completed an accredited graduate-level education program
273	273	that prepares the applicant for one of the four recognized roles and
274	274	population foci; or
275	275	(B) has completed a foreign APRN education program for one of the
276	276	four recognized roles and population foci that:
277	277	(i) has been approved by the authorized accrediting body in the
278	278	applicable country; and
279	279	(ii) has been verified by an independent credentials review agency to
280	280	be comparable to a licensing board-approved APRN education program;
281	281	(3) has, if a graduate of a foreign APRN education program not
282	282	taught in English or if English is not the individual's native language,
283	283	successfully passed an English proficiency examination that includes the
284	284	components of reading, speaking, writing and listening;
285	285	(4) has successfully passed a national certification examination that
286	286	measures APRN, role and population-focused competencies and maintains
287	287	continued competence as evidenced by recertification in the role and
288	288	population focus through the national certification program;
289	289	1
290	290	2
291	291	3
292	292	4
293	293	5
294	294	6
295	295	7
296	296	8
297	297	9
298	298	10
299	299	11
300	300	12
301	301	13
302	302	14
303	303	15
304	304	16
305	305	17
306	306	18
307	307	19
308	308	20
309	309	21
310	310	22
311	311	23
312	312	24
313	313	25
314	314	26
315	315	27
316	316	28
317	317	29
318	318	30
319	319	31
320	320	32
321	321	33
322	322	34
323	323	35
324	324	36
325	325	37
326	326	38
327	327	39
328	328	40
329	329	41
330	330	42
331	331	43 HB 2266 5
332	332	(5) holds an active, unencumbered license as a registered nurse and
333	333	an active, unencumbered authorization to practice as an APRN;
334	334	(6) has successfully passed an NCLEX-RN examination or
335	335	recognized predecessor, as applicable;
336	336	(7) has practiced for at least 2,080 hours as an APRN in a role and
337	337	population focus congruent with the applicant's education and training. For
338	338	purposes of this section, practice shall not include hours obtained as part of
339	339	enrollment in an APRN education program;
340	340	(8) has submitted, in connection with an application for initial
341	341	licensure or licensure by endorsement, fingerprints or other biometric data
342	342	for the purpose of obtaining criminal history record information from the
343	343	federal bureau of investigation and the agency responsible for retaining
344	344	that state or, if applicable, foreign country's criminal records;
345	345	(9) has not been convicted or found guilty, or has entered into an
346	346	agreed disposition, of a felony offense under applicable state, federal or
347	347	foreign criminal law;
348	348	(10) has not been convicted or found guilty, or has entered into an
349	349	agreed disposition, of a misdemeanor offense related to the practice of
350	350	nursing as determined by factors set forth in rules adopted by the
351	351	commission;
352	352	(11) is not currently enrolled in an alternative program;
353	353	(12) is subject to self-disclosure requirements regarding current
354	354	participation in an alternative program; and
355	355	(13) has a valid United States social security number.
356	356	(c) An APRN issued a multistate license shall be licensed in an
357	357	approved role and at least one approved population focus.
358	358	(d) An APRN multistate license issued by a home state to a resident
359	359	in that state will be recognized by each party state as authorizing the
360	360	APRN to practice as an APRN in each party state, under a multistate
361	361	licensure privilege, in the same role and population focus as the APRN is
362	362	licensed in the home state.
363	363	(e) Nothing in this compact shall affect the requirements established
364	364	by a party state for the issuance of a single-state license, except that an
365	365	individual may apply for a single-state license, instead of a multistate
366	366	license, even if otherwise qualified for the multistate license. However, the
367	367	failure of such an individual to affirmatively opt for a single state license
368	368	may result in the issuance of a multistate license.
369	369	(f) Issuance of an APRN multistate license shall include prescriptive
370	370	authority for noncontrolled prescription drugs.
371	371	(g) For each state in which an APRN seeks authority to prescribe
372	372	controlled substances, the APRN shall satisfy all requirements imposed by
373	373	such state in granting or renewing such authority.
374	374	(h) An APRN issued a multistate license is authorized to assume
375	375	1
376	376	2
377	377	3
378	378	4
379	379	5
380	380	6
381	381	7
382	382	8
383	383	9
384	384	10
385	385	11
386	386	12
387	387	13
388	388	14
389	389	15
390	390	16
391	391	17
392	392	18
393	393	19
394	394	20
395	395	21
396	396	22
397	397	23
398	398	24
399	399	25
400	400	26
401	401	27
402	402	28
403	403	29
404	404	30
405	405	31
406	406	32
407	407	33
408	408	34
409	409	35
410	410	36
411	411	37
412	412	38
413	413	39
414	414	40
415	415	41
416	416	42
417	417	43 HB 2266 6
418	418	responsibility and accountability for patient care independent of any
419	419	supervisory or collaborative relationship. This authority may be exercised
420	420	in the home state and in any remote state where the APRN exercises a
421	421	multistate licensure privilege.
422	422	(i) All party states shall be authorized, in accordance with state due
423	423	process laws, to take adverse action against an APRN's multistate licensure
424	424	privilege such as revocation, suspension, probation or any other action that
425	425	affects an APRN's authorization to practice under a multistate licensure
426	426	privilege, including cease and desist actions. If a party state takes such
427	427	action, it shall promptly notify the administrator of the coordinated
428	428	licensure information system. The administrator of the coordinated
429	429	licensure information system shall promptly notify the home state of any
430	430	such actions by remote states.
431	431	(j) Except as otherwise expressly provided in this compact, an APRN
432	432	practicing in a party state shall comply with the state practice laws of the
433	433	state where the client is located at the time service is provided. APRN
434	434	practice is not limited to patient care, but shall include all advanced
435	435	nursing practice as defined by the state practice laws of the party state
436	436	where the client is located. APRN practice in a party state under a
437	437	multistate licensure privilege will subject the APRN to the jurisdiction of
438	438	the licensing board, the courts, and the laws of the party state where the
439	439	client is located at the time service is provided.
440	440	(k) Except as otherwise expressly provided in this compact, this
441	441	compact does not affect additional requirements imposed by states for
442	442	advanced practice registered nursing. However, a multistate licensure
443	443	privilege to practice registered nursing granted by a party state shall be
444	444	recognized by other party states as satisfying any state law requirement for
445	445	registered nurse licensure as a precondition for authorization to practice as
446	446	an APRN in that state.
447	447	(l) Individuals not residing in a party state shall continue to be able to
448	448	apply for a party state's single-state APRN license as provided under the
449	449	laws of each party state. However, the single-state license granted to these
450	450	individuals will not be recognized as granting the privilege to practice as
451	451	an APRN in any other party state.
452	452	ARTICLE 4—APPLICATIONS FOR APRN LICENSURE IN A PARTY
453	453	STATE
454	454	(a) Upon application for an APRN multistate license, the licensing
455	455	board in the issuing party state shall ascertain, through the coordinated
456	456	licensure information system, whether the applicant has ever held or is the
457	457	holder of a licensed practical or vocational nursing license, a registered
458	458	nursing license or an advanced practice registered nursing license issued
459	459	by any other state, whether there are any encumbrances on any license or
460	460	multistate licensure privilege held by the applicant, whether any adverse
461	461	1
462	462	2
463	463	3
464	464	4
465	465	5
466	466	6
467	467	7
468	468	8
469	469	9
470	470	10
471	471	11
472	472	12
473	473	13
474	474	14
475	475	15
476	476	16
477	477	17
478	478	18
479	479	19
480	480	20
481	481	21
482	482	22
483	483	23
484	484	24
485	485	25
486	486	26
487	487	27
488	488	28
489	489	29
490	490	30
491	491	31
492	492	32
493	493	33
494	494	34
495	495	35
496	496	36
497	497	37
498	498	38
499	499	39
500	500	40
501	501	41
502	502	42
503	503	43 HB 2266 7
504	504	action has been taken against any license or multistate licensure privilege
505	505	held by the applicant and whether the applicant is currently participating in
506	506	an alternative program.
507	507	(b) An APRN may hold a multistate APRN license, issued by the
508	508	home state, in only one party state at a time.
509	509	(c) If an APRN changes primary state of residence by moving
510	510	between two party states, the APRN shall apply for APRN licensure in the
511	511	new home state, and the multistate license issued by the prior home state
512	512	shall be deactivated in accordance with applicable commission rules.
513	513	(1) The APRN may apply for licensure in advance of a change in
514	514	primary state of residence.
515	515	(2) A multistate APRN license shall not be issued by the new home
516	516	state until the APRN provides satisfactory evidence of a change in primary
517	517	state of residence to the new home state and satisfies all applicable
518	518	requirements to obtain a multistate APRN license from the new home
519	519	state.
520	520	(d) If an APRN changes primary state of residence by moving from a
521	521	party state to a non-party state, the APRN multistate license issued by the
522	522	prior home state will convert to a single-state license, valid only in the
523	523	former home state.
524	524	ARTICLE 5—ADDITIONAL AUTHORITIES INVESTED IN PARTY
525	525	STATE LICENSING BOARDS
526	526	(a) In addition to the other powers conferred by state law, a licensing
527	527	board shall have the authority to:
528	528	(1) Take adverse action against an APRN's multistate licensure
529	529	privilege to practice within that party state.
530	530	(A) Only the home state shall have power to take adverse action
531	531	against an APRN's license issued by the home state.
532	532	(B) For purposes of taking adverse action, the home state licensing
533	533	board shall give the same priority and effect to reported conduct that
534	534	occurred outside of the home state as it would if such conduct had
535	535	occurred within the home state. In so doing, the home state shall apply its
536	536	own state laws to determine appropriate action.
537	537	(2) Issue cease and desist orders or impose an encumbrance on an
538	538	APRN's authority to practice within that party state.
539	539	(3) Complete any pending investigations of an APRN who changes
540	540	primary state of residence during the course of such investigations. The
541	541	licensing board shall also have the authority to take appropriate action and
542	542	shall promptly report the conclusions of such investigations to the
543	543	administrator of the coordinated licensure information system. The
544	544	administrator of the coordinated licensure information system shall
545	545	promptly notify the new home state of any such actions.
546	546	(4) Issue subpoenas for both hearings and investigations that require
547	547	1
548	548	2
549	549	3
550	550	4
551	551	5
552	552	6
553	553	7
554	554	8
555	555	9
556	556	10
557	557	11
558	558	12
559	559	13
560	560	14
561	561	15
562	562	16
563	563	17
564	564	18
565	565	19
566	566	20
567	567	21
568	568	22
569	569	23
570	570	24
571	571	25
572	572	26
573	573	27
574	574	28
575	575	29
576	576	30
577	577	31
578	578	32
579	579	33
580	580	34
581	581	35
582	582	36
583	583	37
584	584	38
585	585	39
586	586	40
587	587	41
588	588	42
589	589	43 HB 2266 8
590	590	the attendance and testimony of witnesses, as well as, the production of
591	591	evidence. Subpoenas issued by a party state licensing board for the
592	592	attendance and testimony of witnesses or the production of evidence from
593	593	another party state shall be enforced in the latter state by any court of
594	594	competent jurisdiction, according to that court's practice and procedure in
595	595	considering subpoenas issued in its own proceedings. The issuing licensing
596	596	board shall pay any witness fees, travel expenses, mileage and other fees
597	597	required by the service statutes of the state where the witnesses or
598	598	evidence are located.
599	599	(5) Obtain and submit, for an APRN licensure applicant, fingerprints
600	600	or other biometric-based information to the federal bureau of investigation
601	601	for criminal background checks, receive the results of the federal bureau of
602	602	investigation record search on criminal background checks and use the
603	603	results in making licensure decisions.
604	604	(6) If otherwise permitted by state law, recover from the affected
605	605	APRN the costs of investigations and disposition of cases resulting from
606	606	any adverse action taken against that APRN.
607	607	(7) Take adverse action based on the factual findings of another party
608	608	state, provided that the licensing board follows its own procedures for
609	609	taking such adverse action.
610	610	(b) If adverse action is taken by a home state against an APRN's
611	611	multistate licensure, the privilege to practice in all other party states under
612	612	a multistate licensure privilege shall be deactivated until all encumbrances
613	613	have been removed from the APRN's multistate license. All home state
614	614	disciplinary orders that impose adverse action against an APRN's
615	615	multistate license shall include a statement that the APRN's multistate
616	616	licensure privilege is deactivated in all party states during the pendency of
617	617	the order.
618	618	(c) Nothing in this compact shall override a party state's decision that
619	619	participation in an alternative program may be used in lieu of adverse
620	620	action. The home state licensing board shall deactivate the multistate
621	621	licensure privilege under the multistate license of any APRN for the
622	622	duration of the APRN's participation in an alternative program.
623	623	ARTICLE 6—COORDIANTED LICENSURE INFORMATION
624	624	SYSTEM AND EXCHANGE OF INFORMATION
625	625	(a) All party states shall participate in a coordinated licensure
626	626	information system of all APRNs, licensed registered nurses, licensed
627	627	practical nurses and vocational nurses. This system shall include
628	628	information on the licensure and disciplinary history of each APRN, as
629	629	submitted by party states, to assist in the coordinated administration of
630	630	APRN licensure and enforcement efforts.
631	631	(b) The commission, in consultation with the administrator of the
632	632	coordinated licensure information system, shall formulate necessary and
633	633	1
634	634	2
635	635	3
636	636	4
637	637	5
638	638	6
639	639	7
640	640	8
641	641	9
642	642	10
643	643	11
644	644	12
645	645	13
646	646	14
647	647	15
648	648	16
649	649	17
650	650	18
651	651	19
652	652	20
653	653	21
654	654	22
655	655	23
656	656	24
657	657	25
658	658	26
659	659	27
660	660	28
661	661	29
662	662	30
663	663	31
664	664	32
665	665	33
666	666	34
667	667	35
668	668	36
669	669	37
670	670	38
671	671	39
672	672	40
673	673	41
674	674	42
675	675	43 HB 2266 9
676	676	proper procedures for the identification, collection and exchange of
677	677	information under this compact.
678	678	(c) All licensing boards shall promptly report to the coordinated
679	679	licensure information system any adverse action, any current significant
680	680	investigative information, denials of applications, with the reasons for such
681	681	denials, and APRN participation in alternative programs known to the
682	682	licensing board regardless of whether such participation is deemed
683	683	nonpublic or confidential under state law.
684	684	(d) Notwithstanding any other provision of law, all party state
685	685	licensing boards contributing information to the coordinated licensure
686	686	information system shall designate information that shall not be shared
687	687	with non-party states or disclosed to other entities or individuals without
688	688	the express permission of the contributing state.
689	689	(e) Any personally identifiable information obtained from the
690	690	coordinated licensure information system by a party state licensing board
691	691	shall not be shared with non-party states or disclosed to other entities or
692	692	individuals except to the extent permitted by the laws of the party state
693	693	contributing the information.
694	694	(f) Any information contributed to the coordinated licensure
695	695	information system that is subsequently required to be expunged by the
696	696	laws of the party state contributing the information shall be removed from
697	697	the coordinated licensure information system.
698	698	(g) The compact administrator of each party state shall furnish a
699	699	uniform data set to the compact administrator of each other party state,
700	700	which shall include, at a minimum:
701	701	(1) Identifying information;
702	702	(2) licensure data;
703	703	(3) information related to alternative program participation
704	704	information; and
705	705	(4) other information that may facilitate the administration of this
706	706	compact, as determined by commission rules.
707	707	(h) The compact administrator of a party state shall provide all
708	708	investigative documents and information requested by another party state.
709	709	ARTICLE 7—ESTABLISHMENT OF THE INTERSTATE
710	710	COMMISSION OF APRN COMPACT ADMINISTRATORS
711	711	(a) The party states hereby create and establish a joint public agency
712	712	known as the interstate commission of APRN compact administrators.
713	713	(1) The commission is an instrumentality of the party states.
714	714	(2) Venue is proper and judicial proceedings by or against the
715	715	commission shall be brought solely and exclusively in a court of
716	716	competent jurisdiction where the principal office of the commission is
717	717	located. The commission may waive venue and jurisdictional defenses to
718	718	the extent it adopts or consents to participate in alternative dispute
719	719	1
720	720	2
721	721	3
722	722	4
723	723	5
724	724	6
725	725	7
726	726	8
727	727	9
728	728	10
729	729	11
730	730	12
731	731	13
732	732	14
733	733	15
734	734	16
735	735	17
736	736	18
737	737	19
738	738	20
739	739	21
740	740	22
741	741	23
742	742	24
743	743	25
744	744	26
745	745	27
746	746	28
747	747	29
748	748	30
749	749	31
750	750	32
751	751	33
752	752	34
753	753	35
754	754	36
755	755	37
756	756	38
757	757	39
758	758	40
759	759	41
760	760	42
761	761	43 HB 2266 10
762	762	resolution proceedings.
763	763	(3) Nothing in this compact shall be construed to be a waiver of
764	764	sovereign immunity.
765	765	(b) Membership, voting and meetings.
766	766	(1) Each party state shall have and be limited to one administrator.
767	767	The head of the state licensing board or designee shall be the administrator
768	768	of this compact for each party state. Any administrator may be removed or
769	769	suspended from office as provided by the law of the state from which the
770	770	administrator is appointed. Any vacancy occurring in the commission shall
771	771	be filled in accordance with the laws of the party state where the vacancy
772	772	exists.
773	773	(2) Each administrator shall be entitled to one vote with regard to the
774	774	promulgation of rules and creation of bylaws and shall otherwise have an
775	775	opportunity to participate in the business and affairs of the commission. An
776	776	administrator shall vote in person or by such other means as provided in
777	777	the bylaws. The bylaws may provide for an administrator's participation in
778	778	meetings by telephone or other means of communication.
779	779	(3) The commission shall meet at least once during each calendar
780	780	year. Additional meetings shall be held as set forth in the bylaws or rules
781	781	of the commission.
782	782	(4) All meetings shall be open to the public, and public notice of
783	783	meetings shall be given in the same manner as required under the
784	784	rulemaking provisions in article 8.
785	785	(5) The commission may convene in a closed, non-public meeting if
786	786	the commission shall discuss:
787	787	(A) Noncompliance of a party state with its obligations under this
788	788	compact;
789	789	(B) the employment, compensation, discipline or other personnel
790	790	matters, practices or procedures related to specific employees or other
791	791	matters related to the commission's internal personnel practices and
792	792	procedures;
793	793	(C) current, threatened or reasonably anticipated litigation;
794	794	(D) negotiation of contracts for the purchase or sale of goods,
795	795	services or real estate;
796	796	(E) accusing any person of a crime or formally censuring any person;
797	797	(F) disclosure of trade secrets or commercial or financial information
798	798	that is privileged or confidential;
799	799	(G) disclosure of information of a personal nature where disclosure
800	800	would constitute a clearly unwarranted invasion of personal privacy;
801	801	(H) disclosure of investigatory records compiled for law enforcement
802	802	purposes;
803	803	(I) disclosure of information related to any reports prepared by or on
804	804	behalf of the commission for the purpose of investigation of compliance
805	805	1
806	806	2
807	807	3
808	808	4
809	809	5
810	810	6
811	811	7
812	812	8
813	813	9
814	814	10
815	815	11
816	816	12
817	817	13
818	818	14
819	819	15
820	820	16
821	821	17
822	822	18
823	823	19
824	824	20
825	825	21
826	826	22
827	827	23
828	828	24
829	829	25
830	830	26
831	831	27
832	832	28
833	833	29
834	834	30
835	835	31
836	836	32
837	837	33
838	838	34
839	839	35
840	840	36
841	841	37
842	842	38
843	843	39
844	844	40
845	845	41
846	846	42
847	847	43 HB 2266 11
848	848	with this compact; or
849	849	(J) matters specifically exempted from disclosure by federal or state
850	850	statute.
851	851	(6) If a meeting, or portion of a meeting, is closed pursuant to this
852	852	provision, the commission's legal counsel or designee shall certify that the
853	853	meeting may be closed and shall reference each relevant exempting
854	854	provision. The commission shall keep minutes that fully and clearly
855	855	describe all matters discussed in a meeting and shall provide a full and
856	856	accurate summary of actions taken, and the reasons therefor, including a
857	857	description of the views expressed. All documents considered in
858	858	connection with an action shall be identified in such minutes. All minutes
859	859	and documents of a closed meeting shall remain under seal, subject to
860	860	release by a majority vote of the commission or order of a court of
861	861	competent jurisdiction.
862	862	(c) The commission shall, by a majority vote of the administrators,
863	863	prescribe bylaws or rules to govern its conduct as may be necessary or
864	864	appropriate to carry out the purposes and exercise the powers of this
865	865	compact, including but not limited to:
866	866	(1) Establishing the fiscal year of the commission;
867	867	(2) providing reasonable standards and procedures:
868	868	(A) For the establishment and meetings of other committees; and
869	869	(B) governing any general or specific delegation of any authority or
870	870	function of the commission;
871	871	(3) providing reasonable procedures for calling and conducting
872	872	meetings of the commission, ensuring reasonable advance notice of all
873	873	meetings and providing an opportunity for attendance of such meetings by
874	874	interested parties, with enumerated exceptions designed to protect the
875	875	public's interest, the privacy of individuals, and proprietary information,
876	876	including trade secrets. The commission may meet in closed session only
877	877	after a majority of the administrators vote to close a meeting in whole or in
878	878	part. As soon as practicable, the commission shall make public a copy of
879	879	the vote to close the meeting revealing the vote of each administrator, with
880	880	no proxy votes allowed;
881	881	(4) establishing the titles, duties and authority and reasonable
882	882	procedures for the election of the officers of the commission;
883	883	(5) providing reasonable standards and procedures for the
884	884	establishment of the personnel policies and programs of the commission.
885	885	Notwithstanding any civil service or other similar laws of any party state,
886	886	the bylaws shall exclusively govern the personnel policies and programs of
887	887	the commission; and
888	888	(6) providing a mechanism for winding up the operations of the
889	889	commission and the equitable disposition of any surplus funds that may
890	890	exist after the termination of this compact after the payment or reserving
891	891	1
892	892	2
893	893	3
894	894	4
895	895	5
896	896	6
897	897	7
898	898	8
899	899	9
900	900	10
901	901	11
902	902	12
903	903	13
904	904	14
905	905	15
906	906	16
907	907	17
908	908	18
909	909	19
910	910	20
911	911	21
912	912	22
913	913	23
914	914	24
915	915	25
916	916	26
917	917	27
918	918	28
919	919	29
920	920	30
921	921	31
922	922	32
923	923	33
924	924	34
925	925	35
926	926	36
927	927	37
928	928	38
929	929	39
930	930	40
931	931	41
932	932	42
933	933	43 HB 2266 12
934	934	of all of its debts and obligations.
935	935	(d) The commission shall publish its bylaws and rules, and any
936	936	amendments thereto, in a convenient form on the website of the
937	937	commission.
938	938	(e) The commission shall maintain its financial records in accordance
939	939	with the bylaws.
940	940	(f) The commission shall meet and take such actions as are consistent
941	941	with the provisions of this compact and the bylaws.
942	942	(g) The commission shall have the following powers to:
943	943	(1) Promulgate uniform rules to facilitate and coordinate
944	944	implementation and administration of this compact. The rules shall have
945	945	the force and effect of law and shall be binding in all party states;
946	946	(2) bring and prosecute legal proceedings or actions in the name of
947	947	the commission, provided that the standing of any licensing board to sue or
948	948	be sued under applicable law shall not be affected;
949	949	(3) purchase and maintain insurance and bonds;
950	950	(4) borrow, accept or contract for services of personnel, including, but
951	951	not limited to, employees of a party state or nonprofit organizations;
952	952	(5) cooperate with other organizations that administer state compacts
953	953	related to the regulation of nursing, including, but not limited to, sharing
954	954	administrative or staff expenses, office space or other resources;
955	955	(6) hire employees, elect or appoint officers, fix compensation, define
956	956	duties, grant such individuals appropriate authority to carry out the
957	957	purposes of this compact and to establish the commission's personnel
958	958	policies and programs relating to conflicts of interest, qualifications of
959	959	personnel and other related personnel matters;
960	960	(7) accept any and all appropriate donations, grants and gifts of
961	961	money, equipment, supplies, materials and services, and to receive, utilize
962	962	and dispose of the same. At all times the commission shall strive to avoid
963	963	any appearance of impropriety or conflict of interest;
964	964	(8) lease, purchase, accept appropriate gifts or donations of, or
965	965	otherwise to own, hold, improve or use, any property, whether real,
966	966	personal or mixed. At all times the commission shall strive to avoid any
967	967	appearance of impropriety;
968	968	(9) sell, convey, mortgage, pledge, lease, exchange, abandon or
969	969	otherwise dispose of any property, whether real, personal or mixed;
970	970	(10) establish a budget and make expenditures;
971	971	(11) borrow money;
972	972	(12) appoint committees, including advisory committees comprised
973	973	of administrators, state nursing regulators, state legislators or their
974	974	representatives, and consumer representatives, and other such interested
975	975	persons;
976	976	(13) issue advisory opinions;
977	977	1
978	978	2
979	979	3
980	980	4
981	981	5
982	982	6
983	983	7
984	984	8
985	985	9
986	986	10
987	987	11
988	988	12
989	989	13
990	990	14
991	991	15
992	992	16
993	993	17
994	994	18
995	995	19
996	996	20
997	997	21
998	998	22
999	999	23
1000	1000	24
1001	1001	25
1002	1002	26
1003	1003	27
1004	1004	28
1005	1005	29
1006	1006	30
1007	1007	31
1008	1008	32
1009	1009	33
1010	1010	34
1011	1011	35
1012	1012	36
1013	1013	37
1014	1014	38
1015	1015	39
1016	1016	40
1017	1017	41
1018	1018	42
1019	1019	43 HB 2266 13
1020	1020	(14) provide and receive information from, and to cooperate with, law
1021	1021	enforcement agencies;
1022	1022	(15) adopt and use an official seal; and
1023	1023	(16) perform such other functions as may be necessary or appropriate
1024	1024	to achieve the purposes of this compact consistent with the state regulation
1025	1025	of APRN licensure and practice.
1026	1026	(h) Financing of the commission.
1027	1027	(1) The commission shall pay, or provide for the payment of, the
1028	1028	reasonable expenses of its establishment, organization and ongoing
1029	1029	activities.
1030	1030	(2) The commission may also levy on and collect an annual
1031	1031	assessment from each party state to cover the cost of its operations,
1032	1032	activities and staff in its annual budget as approved each year. The
1033	1033	aggregate annual assessment amount, if any, shall be allocated based upon
1034	1034	a formula to be determined by the commission, which shall promulgate a
1035	1035	rule that is binding upon all party states.
1036	1036	(3) The commission shall not incur obligations of any kind prior to
1037	1037	securing the funds adequate to meet the same; nor shall the commission
1038	1038	pledge the credit of any of the party states, except by, and with the
1039	1039	authority of, such party state.
1040	1040	(4) The commission shall keep accurate accounts of all receipts and
1041	1041	disbursements. The receipts and disbursements of the commission shall be
1042	1042	subject to the audit and accounting procedures established under its
1043	1043	bylaws. However, all receipts and disbursements of funds handled by the
1044	1044	commission shall by audited yearly by a certified or licensed public
1045	1045	accountant, and the report of the audit shall be included in and become
1046	1046	part of the annual report of the commission.
1047	1047	(i) Qualified immunity, defense and indemnification.
1048	1048	(1) The administrators, officers, executive director, employees and
1049	1049	representatives of the commission shall be immune from suit and liability,
1050	1050	either personally or in their official capacity, for any claim for damage to
1051	1051	or loss of property or personal injury or other civil liability caused by or
1052	1052	arising out of any actual or alleged act, error or omission that occurred, or
1053	1053	that the person against whom the claim is made had a reasonable basis for
1054	1054	believing occurred, within the scope of commission employment, duties or
1055	1055	responsibilities. Nothing in this paragraph shall be construed to protect any
1056	1056	such person from suit or liability for any damage, loss, injury or liability
1057	1057	caused by the intentional, willful or wanton misconduct of that person.
1058	1058	(2) The commission shall defend any administrator, officer, executive
1059	1059	director, employee or representative of the commission in any civil action
1060	1060	seeking to impose liability arising out of any actual or alleged act, error or
1061	1061	omission that occurred within the scope of commission employment,
1062	1062	duties or responsibilities, or that the person against whom the claim is
1063	1063	1
1064	1064	2
1065	1065	3
1066	1066	4
1067	1067	5
1068	1068	6
1069	1069	7
1070	1070	8
1071	1071	9
1072	1072	10
1073	1073	11
1074	1074	12
1075	1075	13
1076	1076	14
1077	1077	15
1078	1078	16
1079	1079	17
1080	1080	18
1081	1081	19
1082	1082	20
1083	1083	21
1084	1084	22
1085	1085	23
1086	1086	24
1087	1087	25
1088	1088	26
1089	1089	27
1090	1090	28
1091	1091	29
1092	1092	30
1093	1093	31
1094	1094	32
1095	1095	33
1096	1096	34
1097	1097	35
1098	1098	36
1099	1099	37
1100	1100	38
1101	1101	39
1102	1102	40
1103	1103	41
1104	1104	42
1105	1105	43 HB 2266 14
1106	1106	made had a reasonable basis for believing occurred within the scope of
1107	1107	commission employment, duties or responsibilities. Nothing in this
1108	1108	paragraph shall be construed to prohibit that person from retaining their
1109	1109	own counsel, provided that the actual or alleged act, error or omission did
1110	1110	not result from that person's intentional, willful or wanton misconduct.
1111	1111	(3) The commission shall indemnify and hold harmless any
1112	1112	administrator, officer, executive director, employee or representative of the
1113	1113	commission for the amount of any settlement or judgment obtained against
1114	1114	that person arising out of any actual or alleged act, error or omission that
1115	1115	occurred within the scope of commission employment, duties or
1116	1116	responsibilities, or that such person had a reasonable basis for believing
1117	1117	occurred within the scope of commission employment, duties or
1118	1118	responsibilities, provided that the actual or alleged act, error or omission
1119	1119	did not result from the intentional, willful or wanton misconduct of that
1120	1120	person.
1121	1121	ARTICLE 8—RULEMAKING
1122	1122	(a) The commission shall exercise its rulemaking powers pursuant to
1123	1123	the criteria set forth in this article and the rules adopted thereunder. Rules
1124	1124	and amendments shall become binding as of the date specified in each rule
1125	1125	or amendment and shall have the same force and effect as provisions of
1126	1126	this compact.
1127	1127	(b) Rules or amendments to the rules shall be adopted at a regular or
1128	1128	special meeting of the commission.
1129	1129	(c) Prior to promulgation and adoption of a final rule or rules by the
1130	1130	commission, and at least 60 days in advance of the meeting at which the
1131	1131	rule will be considered and voted upon, the commission shall file a notice
1132	1132	of proposed rulemaking on the website of:
1133	1133	(1) The commission; and
1134	1134	(2) each licensing board or the publication where each state would
1135	1135	otherwise publish proposed rules.
1136	1136	(d) The notice of proposed rulemaking shall include:
1137	1137	(1) The proposed time, date and location of the meeting where the
1138	1138	rule will be considered and voted upon;
1139	1139	(2) the text of the proposed rule or amendment and the reason for the
1140	1140	proposed rule;
1141	1141	(3) a request for comments on the proposed rule from any interested
1142	1142	person; and
1143	1143	(4) the manner in which interested persons may submit notice to the
1144	1144	commission of their intention to attend the public hearing and any written
1145	1145	comments.
1146	1146	(e) Prior to adoption of a proposed rule, the commission shall allow
1147	1147	persons to submit written data, facts, opinions and arguments, which shall
1148	1148	be made available to the public.
1149	1149	1
1150	1150	2
1151	1151	3
1152	1152	4
1153	1153	5
1154	1154	6
1155	1155	7
1156	1156	8
1157	1157	9
1158	1158	10
1159	1159	11
1160	1160	12
1161	1161	13
1162	1162	14
1163	1163	15
1164	1164	16
1165	1165	17
1166	1166	18
1167	1167	19
1168	1168	20
1169	1169	21
1170	1170	22
1171	1171	23
1172	1172	24
1173	1173	25
1174	1174	26
1175	1175	27
1176	1176	28
1177	1177	29
1178	1178	30
1179	1179	31
1180	1180	32
1181	1181	33
1182	1182	34
1183	1183	35
1184	1184	36
1185	1185	37
1186	1186	38
1187	1187	39
1188	1188	40
1189	1189	41
1190	1190	42
1191	1191	43 HB 2266 15
1192	1192	(f) The commission shall grant an opportunity for a public hearing
1193	1193	before it adopts a rule or amendment.
1194	1194	(g) The commission shall publish the place, time, and date of the
1195	1195	scheduled public hearing.
1196	1196	(1) Hearings shall be conducted in a manner providing each person
1197	1197	who wishes to comment a fair and reasonable opportunity to comment
1198	1198	orally or in writing. All hearings shalll be recorded and a copy will be
1199	1199	made available upon request.
1200	1200	(2) Nothing in this section shall be construed as requiring a separate
1201	1201	hearing on each rule. Rules may be grouped for the convenience of the
1202	1202	commission at hearings required by this section.
1203	1203	(h) If no one appears at the public hearing, the commission may
1204	1204	proceed with promulgation of the proposed rule.
1205	1205	(i) Following the scheduled hearing date, or by the close of business
1206	1206	on the scheduled hearing date if the hearing was not held, the commission
1207	1207	shall consider all written and oral comments received.
1208	1208	(j) The commission shall, by majority vote of all administrators, take
1209	1209	final action on the proposed rule and shall determine the effective date of
1210	1210	the rule, if any, based on the rulemaking record and the full text of the rule.
1211	1211	(k) Upon determination that an emergency exists, the commission
1212	1212	may consider and adopt an emergency rule without prior notice,
1213	1213	opportunity for comment or hearing, provided that the usual rulemaking
1214	1214	procedures provided in this compact and in this section shall be
1215	1215	retroactively applied to the rule as soon as reasonably possible, in no event
1216	1216	later than 90 days after the effective date of the rule. For the purposes of
1217	1217	this provision, an emergency rule is one that shall be adopted immediately
1218	1218	in order to:
1219	1219	(1) Meet an imminent threat to public health, safety or welfare;
1220	1220	(2) prevent a loss of commission or party state funds; or
1221	1221	(3) meet a deadline for the promulgation of an administrative rule that
1222	1222	is established by federal law or rule.
1223	1223	(l) The commission may direct revisions to a previously adopted rule
1224	1224	or amendment for purposes of correcting typographical errors, errors in
1225	1225	format, errors in consistency or grammatical errors. Public notice of any
1226	1226	revisions shall be posted on the website of the commission. The revision
1227	1227	shall be subject to challenge by any person for a period of 30 days after
1228	1228	posting. The revision may be challenged only on grounds that the revision
1229	1229	results in a material change to a rule. A challenge shall be made in writing,
1230	1230	and delivered to the commission, prior to the end of the notice period. If
1231	1231	no challenge is made, the revision shalll take effect without further action.
1232	1232	If the revision is challenged, the revision may not take effect without the
1233	1233	approval of the commission.
1234	1234	ARTICLE 9—OVERSIGHT, DISPUTE RESOLUTION AND
1235	1235	1
1236	1236	2
1237	1237	3
1238	1238	4
1239	1239	5
1240	1240	6
1241	1241	7
1242	1242	8
1243	1243	9
1244	1244	10
1245	1245	11
1246	1246	12
1247	1247	13
1248	1248	14
1249	1249	15
1250	1250	16
1251	1251	17
1252	1252	18
1253	1253	19
1254	1254	20
1255	1255	21
1256	1256	22
1257	1257	23
1258	1258	24
1259	1259	25
1260	1260	26
1261	1261	27
1262	1262	28
1263	1263	29
1264	1264	30
1265	1265	31
1266	1266	32
1267	1267	33
1268	1268	34
1269	1269	35
1270	1270	36
1271	1271	37
1272	1272	38
1273	1273	39
1274	1274	40
1275	1275	41
1276	1276	42
1277	1277	43 HB 2266 16
1278	1278	ENFORCEMENT
1279	1279	(a) Oversight.
1280	1280	(1) Each party state shall enforce this compact and take all actions
1281	1281	necessary and appropriate to effectuate this compact's purposes and intent.
1282	1282	(2) The commission shall be entitled to receive service of process in
1283	1283	any proceeding that may affect the powers, responsibilities or actions of
1284	1284	the commission, and shall have standing to intervene in such a proceeding
1285	1285	for all purposes. Failure to provide service of process to the commission
1286	1286	shall render a judgment or order void as to the commission, this compact
1287	1287	or promulgated rules.
1288	1288	(b) Default, technical assistance and termination.
1289	1289	(1) If the commission determines that a party state has defaulted in
1290	1290	the performance of its obligations or responsibilities under this compact or
1291	1291	the promulgated rules, the commission shall:
1292	1292	(A) Provide written notice to the defaulting state and other party
1293	1293	states of the nature of the default, the proposed means of curing the default
1294	1294	or any other action to be taken by the commission; and
1295	1295	(B) provide remedial training and specific technical assistance
1296	1296	regarding the default.
1297	1297	(2) If a state in default fails to cure the default, the defaulting state's
1298	1298	membership in this compact may be terminated upon an affirmative vote
1299	1299	of a majority of the administrators, and all rights, privileges and benefits
1300	1300	conferred by this compact may be terminated on the effective date of
1301	1301	termination. A cure of the default does not relieve the offending state of
1302	1302	obligations or liabilities incurred during the period of default.
1303	1303	(3) Termination of membership in this compact shall be imposed only
1304	1304	after all other means of securing compliance have been exhausted. Notice
1305	1305	of intent to suspend or terminate shall be given by the commission to the
1306	1306	governor of the defaulting state and to the executive officer of the
1307	1307	defaulting state's licensing board, the defaulting state's licensing board,
1308	1308	and each of the party states.
1309	1309	(4) A state whose membership in this compact has been terminated is
1310	1310	responsible for all assessments, obligations and liabilities incurred through
1311	1311	the effective date of termination, including obligations that extend beyond
1312	1312	the effective date of termination.
1313	1313	(5) The commission shall not bear any costs related to a state that is
1314	1314	found to be in default or whose membership in this compact has been
1315	1315	terminated, unless agreed upon in writing between the commission and the
1316	1316	defaulting state.
1317	1317	(6) The defaulting state may appeal the action of the commission by
1318	1318	petitioning the United States district court for the District of Columbia or
1319	1319	the federal district where the commission has its principal offices. The
1320	1320	prevailing party shall be awarded all costs of such litigation, including
1321	1321	1
1322	1322	2
1323	1323	3
1324	1324	4
1325	1325	5
1326	1326	6
1327	1327	7
1328	1328	8
1329	1329	9
1330	1330	10
1331	1331	11
1332	1332	12
1333	1333	13
1334	1334	14
1335	1335	15
1336	1336	16
1337	1337	17
1338	1338	18
1339	1339	19
1340	1340	20
1341	1341	21
1342	1342	22
1343	1343	23
1344	1344	24
1345	1345	25
1346	1346	26
1347	1347	27
1348	1348	28
1349	1349	29
1350	1350	30
1351	1351	31
1352	1352	32
1353	1353	33
1354	1354	34
1355	1355	35
1356	1356	36
1357	1357	37
1358	1358	38
1359	1359	39
1360	1360	40
1361	1361	41
1362	1362	42
1363	1363	43 HB 2266 17
1364	1364	reasonable attorney fees.
1365	1365	(c) Dispute resolution.
1366	1366	(1) Upon request by a party state, the commission shall attempt to
1367	1367	resolve disputes related to the compact that arise among party states and
1368	1368	between party and non-party states.
1369	1369	(2) The commission shall promulgate a rule providing for both
1370	1370	mediation and binding dispute resolution for disputes, as appropriate.
1371	1371	(3) In the event the commission cannot resolve disputes among party
1372	1372	states arising under this compact:
1373	1373	(A) The party states may submit the issues in dispute to an arbitration
1374	1374	panel, which shall be comprised of individuals appointed by the compact
1375	1375	administrator in each of the affected party states and an individual
1376	1376	mutually agreed upon by the compact administrators of all the party states
1377	1377	involved in the dispute.
1378	1378	(B) The decision of a majority of the arbitrators shall be final and
1379	1379	binding.
1380	1380	(d) Enforcement.
1381	1381	(1) The commission, in the reasonable exercise of its discretion, shall
1382	1382	enforce the provisions and rules of this compact.
1383	1383	(2) By majority vote, the commission may initiate legal action in the
1384	1384	United States district court for the District of Columbia or the federal
1385	1385	district where the commission has its principal offices against a party state
1386	1386	that is in default to enforce compliance with the provisions of this compact
1387	1387	and its promulgated rules and bylaws. The relief sought may include both
1388	1388	injunctive relief and damages. In the event judicial enforcement is
1389	1389	necessary, the prevailing party shall be awarded all costs of such litigation,
1390	1390	including reasonable attorney fees.
1391	1391	(3) The remedies herein shall not be the exclusive remedies of the
1392	1392	commission. The commission may pursue any other remedies available
1393	1393	under federal or state law.
1394	1394	ARTICLE 10—EFFECTIVE DATE, WITHDRAWAL AND
1395	1395	AMENDMENT
1396	1396	(a) This compact shall come into limited effect at such time as this
1397	1397	compact has been enacted into law in seven party states for the sole
1398	1398	purpose of establishing and convening the commission to adopt rules
1399	1399	relating to its operation.
1400	1400	(b) Any state that joins this compact subsequent to the commission's
1401	1401	initial adoption of the APRN uniform licensure requirements shall be
1402	1402	subject to all rules that have been previously adopted by the commission.
1403	1403	(c) Any party state may withdraw from this compact by enacting a
1404	1404	statute repealing the same. A party state's withdrawal shall not take effect
1405	1405	until six months after enactment of the repealing statute.
1406	1406	(d) A party state's withdrawal or termination shall not affect the
1407	1407	1
1408	1408	2
1409	1409	3
1410	1410	4
1411	1411	5
1412	1412	6
1413	1413	7
1414	1414	8
1415	1415	9
1416	1416	10
1417	1417	11
1418	1418	12
1419	1419	13
1420	1420	14
1421	1421	15
1422	1422	16
1423	1423	17
1424	1424	18
1425	1425	19
1426	1426	20
1427	1427	21
1428	1428	22
1429	1429	23
1430	1430	24
1431	1431	25
1432	1432	26
1433	1433	27
1434	1434	28
1435	1435	29
1436	1436	30
1437	1437	31
1438	1438	32
1439	1439	33
1440	1440	34
1441	1441	35
1442	1442	36
1443	1443	37
1444	1444	38
1445	1445	39
1446	1446	40
1447	1447	41
1448	1448	42
1449	1449	43 HB 2266 18
1450	1450	continuing requirement of the withdrawing or terminated state's licensing
1451	1451	board to report adverse actions and significant investigations occurring
1452	1452	prior to the effective date of such withdrawal or termination.
1453	1453	(e) Nothing contained in this compact shall be construed to invalidate
1454	1454	or prevent any APRN licensure agreement or other cooperative
1455	1455	arrangement between a party state and a non-party state that does not
1456	1456	conflict with the provisions of this compact.
1457	1457	(f) This compact may be amended by the party states. No amendment
1458	1458	to this compact shall become effective and binding upon any party state
1459	1459	until it is enacted into the laws of all party states.
1460	1460	(g) Representatives of non-party states to this compact shall be
1461	1461	invited to participate in the activities of the commission, on a nonvoting
1462	1462	basis, prior to the adoption of this compact by all states.
1463	1463	ARTICLE 11—CONSTRUCTION AND SEVERABILITY
1464	1464	This compact shall be liberally construed so as to effectuate the
1465	1465	purposes thereof. The provisions of this compact shall be severable, and if
1466	1466	any phrase, clause, sentence or provision of this compact is declared to be
1467	1467	contrary to the constitution of any party state or of the United States, or if
1468	1468	the applicability thereof to any government, agency, person or
1469	1469	circumstance is held invalid, the validity of the remainder of this compact
1470	1470	and the applicability thereof to any government, agency, person or
1471	1471	circumstance shall not be affected thereby. If this compact shall be held to
1472	1472	be contrary to the constitution of any party state, this compact shall remain
1473	1473	in full force and effect as to the remaining party states and in full force and
1474	1474	effect as to the party state affected as to all severable matters.
1475	1475	Sec. 2. This act shall take effect and be in force from and after its
1476	1476	publication in the statute book.
1477	1477	1
1478	1478	2
1479	1479	3
1480	1480	4
1481	1481	5
1482	1482	6
1483	1483	7
1484	1484	8
1485	1485	9
1486	1486	10
1487	1487	11
1488	1488	12
1489	1489	13
1490	1490	14
1491	1491	15
1492	1492	16
1493	1493	17
1494	1494	18
1495	1495	19
1496	1496	20
1497	1497	21
1498	1498	22
1499	1499	23
1500	1500	24
1501	1501	25
1502	1502	26
1503	1503	27