Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1251 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 620 FILED ON: 1/14/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1251
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bud L. Williams
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to Massachusetts joining the nursing licensure compact.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Bud L. Williams11th Hampden1/14/2023 1 of 30
16	16	HOUSE DOCKET, NO. 620 FILED ON: 1/14/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1251
18	18	By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1251) of
19	19	Bud L. Williams relative to participation in the national nurse licensure compact agreement.
20	20	Health Care Financing.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to Massachusetts joining the nursing licensure compact.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Subsection (c) of section 14 of chapter 13 of the General Laws, as
30	30	2appearing in the 2020 Official Edition, is hereby amended by inserting, in line 14, after the word
31	31	3“twelve”, the following words:- and chapter 112A.
32	32	4 SECTION 2. The General Laws are hereby amended by inserting after chapter 112 the
33	33	5following chapter:-
34	34	6 CHAPTER 112A
35	35	7 NURSE LICENSURE COMPACT
36	36	8 Section 1. As used in this chapter, the following words shall have the following
37	37	9meanings:
38	38	10 “Adverse action”, any administrative, civil, equitable or criminal action permitted by a
39	39	11state’s laws which is imposed by a licensing board or other authority against a nurse, including 2 of 30
40	40	12actions against an individual’s license or multistate licensure privilege such as revocation,
41	41	13suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any
42	42	14other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance
43	43	15of a cease and desist action.
44	44	16 “Alternative program”, a non-disciplinary monitoring program approved by a licensing
45	45	17board.
46	46	18 “Compact” or “nurse licensure compact”, the legally binding agreement between party
47	47	19states as adopted by the National Council of State Boards of Nursing, Inc. nurse licensure
48	48	20compact, and entered into by the commonwealth in accordance with this chapter.
49	49	21 “Coordinated licensure information system”, an integrated process for collecting, storing
50	50	22and sharing information on nurse licensure and enforcement activities related to nurse licensure
51	51	23laws that is administered by a nonprofit organization composed of and controlled by licensing
52	52	24boards.
53	53	25 “Current significant investigative information”, (i) investigative information that a
54	54	26licensing board, after a preliminary inquiry that includes notification and an opportunity for the
55	55	27nurse to respond, if required by state law, has reason to believe is not groundless and, if proved
56	56	28true, would indicate more than a minor infraction or (ii) investigative information that indicates
57	57	29that the nurse represents an immediate threat to public health and safety regardless of whether
58	58	30the nurse has been notified and had an opportunity to respond.
59	59	31 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
60	60	32unrestricted practice of nursing imposed by a licensing board. 3 of 30
61	61	33 “Home state”, the party state which is the nurse’s primary state of residence.
62	62	34 “Interstate commission”, the interstate commission of nurse licensure compact
63	63	35administrators as established in section 6 of this chapter.
64	64	36 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.
65	65	37 “Multistate license”, a license to practice as a registered nurse or a licensed practical or
66	66	38vocational nurse issued by a home state licensing board that authorizes the licensed nurse to
67	67	39practice in all party states under a multistate licensure privilege.
68	68	40 “Multistate licensure privilege”, a legal authorization associated with a multistate license
69	69	41permitting the practice of nursing as either a registered nurse or as a licensed practical or
70	70	42vocational nurse in a remote state.
71	71	43 “Nurse”, registered nurse or a licensed practical or vocational nurse, as those terms are
72	72	44defined by each party state’s practice laws.
73	73	45 “Party state”, the commonwealth and any other state that has adopted this compact.
74	74	46 “Remote state”, a party state other than the home state.
75	75	47 “Single-state license”, a nurse license issued by a party state that authorizes practice only
76	76	48within the issuing state and does not include a multistate licensure privilege to practice in any
77	77	49other party state.
78	78	50 “State”, a state, territory or possession of the United States and the District of Columbia.
79	79	51 “State practice laws”, a party state’s laws, rules and regulations that govern the practice
80	80	52of nursing, define the scope of nursing practice, and establish the methods and grounds for 4 of 30
81	81	53imposing discipline. “State practice laws” do not include requirements necessary to obtain and
82	82	54retain a license, except for qualifications or requirements of the home state.
83	83	55 Section 2. (a) A multistate license to practice as a nurse issued by a home state to a
84	84	56resident in that state will be recognized by each party state as authorizing a nurse to practice as a
85	85	57registered nurse or as a licensed practical or vocational nurse, under a multistate licensure
86	86	58privilege, in each party state.
87	87	59 (b) A state must implement procedures for considering the criminal history records of
88	88	60applicants for initial multistate license or licensure by endorsement. Such procedures shall
89	89	61include the submission of fingerprints or other biometric-based information by applicants for the
90	90	62purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
91	91	63of Investigation and the agency responsible for retaining that state’s criminal records.
92	92	64 (c) Each party state shall require the following for an applicant to obtain or retain a
93	93	65multistate license in the home state:
94	94	66 (1) Meets the home state’s qualifications for licensure or renewal of licensure, as well as,
95	95	67all other applicable state laws;
96	96	68 (2) (i) Has graduated or is eligible to graduate from a licensing board-approved registered
97	97	69nurse or practical or vocational nurse pre-licensure education program; or (ii) has graduated from
98	98	70a foreign registered nurse or practical or vocational nurse pre-licensure education program that
99	99	71(A) has been approved by the authorized accrediting body in the applicable country and (B) has
100	100	72been verified by an independent credentials review agency to be comparable to a licensing
101	101	73board-approved pre-licensure education program; 5 of 30
102	102	74 (3) Has, if a graduate of a foreign pre-licensure education program not taught in English
103	103	75or if English is not the individual’s native language, successfully passed an English proficiency
104	104	76examination that includes the components of reading, speaking, writing and listening;
105	105	77 (4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or
106	106	78recognized predecessor, as applicable;
107	107	79 (5) Is eligible for or holds an active, unencumbered license;
108	108	80 (6) Has submitted, in connection with an application for initial licensure or licensure by
109	109	81endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history
110	110	82record information from the Federal Bureau of Investigation and the agency responsible for
111	111	83retaining that state’s criminal records;
112	112	84 (7) Has not been convicted or found guilty, or entered into an agreed disposition, of a
113	113	85felony offense under applicable state or federal criminal law;
114	114	86 (8) Has not been convicted or found guilty, or entered into an agreed disposition, of a
115	115	87misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
116	116	88 (9) Is not currently enrolled in an alternative program;
117	117	89 (10) Is subject to self-disclosure requirements regarding current participation in an
118	118	90alternative program; and
119	119	91 (11) Has a valid United States Social Security number.
120	120	92 (d) All party states shall be authorized, in accordance with existing state due process law,
121	121	93to take adverse action against a nurse’s multistate licensure privilege such as revocation, 6 of 30
122	122	94suspension, probation or any other action that affects a nurse’s authorization to practice under a
123	123	95multistate licensure privilege, including cease and desist actions. If a party state takes such
124	124	96action, it shall promptly notify the administrator of the coordinated licensure information system.
125	125	97The administrator of the coordinated licensure information system shall promptly notify the
126	126	98home state of any such actions by remote states.
127	127	99 (e) A nurse practicing in a party state must comply with the state practice laws of the
128	128	100state in which the client is located at the time service is provided. The practice of nursing is not
129	129	101limited to patient care, but shall include all nursing practice as defined by the state practice laws
130	130	102of the party state in which the client is located. The practice of nursing in a party state under a
131	131	103multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the
132	132	104courts and the laws of the party state in which the client is located at the time service is provided.
133	133	105 (f) Individuals not residing in a party state shall continue to be able to apply for a party
134	134	106state’s single-state license as provided under the laws of each party state. However, the single-
135	135	107state license granted to these individuals will not be recognized as granting the privilege to
136	136	108practice nursing in any other party state. Nothing in this compact shall affect the requirements
137	137	109established by a party state for the issuance of a single-state license.
138	138	110
139	139	111 (g) Any nurse holding a home state multistate license, on the effective date of this
140	140	112compact, may retain and renew the multistate license issued by the nurse’s then-current home
141	141	113state, provided that:
142	142	114 7 of 30
143	143	115 (i) a nurse, who changes primary state of residence after this compact’s effective date,
144	144	116must meet all applicable requirements under section 2 to obtain a multistate license from a new
145	145	117home state; and
146	146	118 (ii) a nurse who fails to satisfy the multistate licensure requirements in section 2 due to a
147	147	119disqualifying event occurring after this compact’s effective date shall be ineligible to retain or
148	148	120renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in
149	149	121accordance with applicable rules adopted by the interstate commission.
150	150	122 Section 3. (a) Upon application for a multistate license, the licensing board in the issuing
151	151	123party state shall ascertain, through the coordinated licensure information system, whether the
152	152	124applicant has ever held, or is the holder of, a license issued by any other state, whether there are
153	153	125any encumbrances on any license or multistate licensure privilege held by the applicant, whether
154	154	126any adverse action has been taken against any license or multistate licensure privilege held by
155	155	127the applicant and whether the applicant is currently participating in an alternative program.
156	156	128 (b) A nurse may hold a multistate license, issued by the home state, in only one party
157	157	129state at a time.
158	158	130 (c) If a nurse changes primary state of residence by moving between two party states, the
159	159	131nurse must apply for licensure in the new home state, and the multistate license issued by the
160	160	132prior home state will be deactivated in accordance with applicable rules adopted by the interstate
161	161	133commission including:
162	162	134 (i) the nurse may apply for licensure in advance of a change in primary state of residence;
163	163	135and 8 of 30
164	164	136 (ii) a multistate license shall not be issued by the new home state until the nurse provides
165	165	137satisfactory evidence of a change in primary state of residence to the new home state and
166	166	138satisfies all applicable requirements to obtain a multistate license from the new home state.
167	167	139 (d) If a nurse changes primary state of residence by moving from a party state to a non-
168	168	140party state, the multistate license issued by the prior home state will convert to a single-state
169	169	141license, valid only in the former home state.
170	170	142 Section 4. (a) In addition to the other powers conferred by state law, a licensing board
171	171	143shall have the authority to:
172	172	144 (1) Take adverse action against a nurse’s multistate licensure privilege to practice within
173	173	145that party state, but:
174	174	146 (i) only the home state shall have the power to take adverse action against a nurse’s
175	175	147license issued by the home state; and
176	176	148 (ii) for purposes of taking adverse action, the home state licensing board shall give the
177	177	149same priority and effect to reported conduct received from a remote state as it would if such
178	178	150conduct had occurred within the home state. In so doing, the home state shall apply its own state
179	179	151laws to determine appropriate action.
180	180	152 (2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to
181	181	153practice within that party state.
182	182	154 (3) Complete any pending investigations of a nurse who changes primary state of
183	183	155residence during the course of such investigations. The licensing board shall also have the
184	184	156authority to take appropriate actions and shall promptly report the conclusions of such 9 of 30
185	185	157investigations to the administrator of the coordinated licensure information system. The
186	186	158administrator of the coordinated licensure information system shall promptly notify the new
187	187	159home state of any such actions.
188	188	160 (4) Issue subpoenas for both hearings and investigations that require the attendance and
189	189	161testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing
190	190	162board in a party state for the attendance and testimony of witnesses or the production of evidence
191	191	163from another party state shall be enforced in the latter state by any court of competent
192	192	164jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued
193	193	165in proceedings pending before it. The issuing authority shall pay any witness fees, travel
194	194	166expenses, mileage and other fees required by the service statutes of the state in which the
195	195	167witnesses or evidence are located.
196	196	168 (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-
197	197	169based information to the Federal Bureau of Investigation for criminal background checks,
198	198	170receive the results of the Federal Bureau of Investigation record search on criminal background
199	199	171checks and use the results in making licensure decisions.
200	200	172 (6) If otherwise permitted by state law, recover from the affected nurse the costs of
201	201	173investigations and disposition of cases resulting from any adverse action taken against that nurse.
202	202	174 (7) Take adverse action based on the factual findings of the remote state, provided that
203	203	175the licensing board follows its own procedures for taking such adverse action.
204	204	176 (b) If adverse action is taken by the home state against a nurse’s multistate license, the
205	205	177nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until
206	206	178all encumbrances have been removed from the multistate license. All home state disciplinary 10 of 30
207	207	179orders that impose adverse action against a nurse’s multistate license shall include a statement
208	208	180that the nurse’s multistate licensure privilege is deactivated in all party states during the
209	209	181pendency of the order.
210	210	182 (c) Nothing in this compact shall override a party state’s decision that participation in an
211	211	183alternative program may be used in lieu of adverse action. The home state licensing board shall
212	212	184deactivate the multistate licensure privilege under the multistate license of any nurse for the
213	213	185duration of the nurse’s participation in an alternative program.
214	214	186 Section 5. (a) All party states shall participate in a coordinated licensure information
215	215	187system of all licensed registered nurses and licensed practical or vocational nurses. This system
216	216	188will include information on the licensure and disciplinary history of each nurse, as submitted by
217	217	189party states, to assist in the coordination of nurse licensure and enforcement efforts.
218	218	190 (b) The interstate commission, in consultation with the administrator of the coordinated
219	219	191licensure information system, shall formulate necessary and proper procedures for the
220	220	192identification, collection and exchange of information under this compact.
221	221	193 (c) All licensing boards shall promptly report to the coordinated licensure information
222	222	194system any adverse action, any current significant investigative information, denials of
223	223	195applications with the reasons for such denials and nurse participation in alternative programs
224	224	196known to the licensing board regardless of whether such participation is deemed nonpublic or
225	225	197confidential under state law.
226	226	198 (d) Current significant investigative information and participation in nonpublic or
227	227	199confidential alternative programs shall be transmitted through the coordinated licensure
228	228	200information system only to party state licensing boards. 11 of 30
229	229	201 (e) Notwithstanding any other provision of law, all party state licensing boards
230	230	202contributing information to the coordinated licensure information system may designate
231	231	203information that may not be shared with non-party states or disclosed to other entities or
232	232	204individuals without the express permission of the contributing state.
233	233	205 (f) Any personally identifiable information obtained from the coordinated licensure
234	234	206information system by a party state licensing board shall not be shared with non-party states or
235	235	207disclosed to other entities or individuals except to the extent permitted by the laws of the party
236	236	208state contributing the information.
237	237	209 (g) Any information contributed to the coordinated licensure information system that is
238	238	210subsequently required to be expunged by the laws of the party state contributing that information
239	239	211shall also be expunged from the coordinated licensure information system.
240	240	212 (h) The compact administrator of each party state shall furnish a uniform data set to the
241	241	213compact administrator of each other party state, which shall include, at a minimum: (i)
242	242	214identifying information; (ii) licensure data; (iii) information related to alternative program
243	243	215participation; and (iv) other information that may facilitate the administration of this compact, as
244	244	216determined by interstate commission rules.
245	245	217
246	246	218 (i) The compact administrator of a party state shall provide all investigative documents
247	247	219and information requested by another party state.
248	248	220 12 of 30
249	249	221 Section 6. (a) The party states hereby create and establish a joint public entity known as
250	250	222the interstate commission of nurse licensure compact administrators.
251	251	223 (1) The interstate commission is an instrumentality of the party states;
252	252	224
253	253	225 (2) Venue is proper, and judicial proceedings by or against the interstate commission
254	254	226shall be brought solely and exclusively, in a court of competent jurisdiction where the principal
255	255	227office of the interstate commission is located. The interstate commission may waive venue and
256	256	228jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute
257	257	229resolution proceedings; and
258	258	230
259	259	231 (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
260	260	232
261	261	233 (b) (1) Each party state shall have and be limited to 1 administrator. The head of the state
262	262	234licensing board or designee shall be the administrator of this compact for each party state. Any
263	263	235administrator may be removed or suspended from office as provided by the law of the state from
264	264	236which the administrator is appointed. Any vacancy occurring in the interstate commission shall
265	265	237be filled in accordance with the laws of the party state in which the vacancy exists.
266	266	238
267	267	239 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules
268	268	240and creation of bylaws and shall otherwise have an opportunity to participate in the business and 13 of 30
269	269	241affairs of the interstate commission. An administrator shall vote in person or by such other means
270	270	242as provided in the bylaws. The bylaws may provide for an administrator’s participation in
271	271	243meetings by telephone or other means of communication.
272	272	244
273	273	245 (3) The interstate commission shall meet at least once during each calendar year.
274	274	246Additional meetings shall be held as set forth in the bylaws or rules of the interstate commission.
275	275	247
276	276	248 (4) All meetings shall be open to the public, and public notice of meetings shall be given
277	277	249in the same manner as required under the rulemaking provisions in section 7.
278	278	250
279	279	251 (5) The interstate commission may convene in a closed, nonpublic meeting if the
280	280	252interstate commission must discuss: (i) Noncompliance of a party state with its obligations under
281	281	253this compact; (ii) The employment, compensation, discipline or other personnel matters,
282	282	254practices or procedures related to specific employees or other matters related to the interstate
283	283	255commission’s internal personnel practices and procedures; (iii) Current, threatened or reasonably
284	284	256anticipated litigation; (iv) Negotiation of contracts for the purchase or sale of goods, services or
285	285	257real estate; (v) Accusing any person of a crime or formally censuring any person; (vi) Disclosure
286	286	258of trade secrets or commercial or financial information that is privileged or confidential; (vii)
287	287	259Disclosure of information of a personal nature where disclosure would constitute a clearly
288	288	260unwarranted invasion of personal privacy; (viii) Disclosure of investigatory records compiled for
289	289	261law enforcement purposes; (ix) Disclosure of information related to any reports prepared by or 14 of 30
290	290	262on behalf of the interstate commission for the purpose of investigation of compliance with this
291	291	263compact; or (x) Matters specifically exempted from disclosure by federal or state statute.
292	292	264
293	293	265 (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
294	294	266interstate commission’s legal counsel or designee shall certify that the meeting may be closed
295	295	267and shall reference each relevant exempting provision. The interstate commission shall keep
296	296	268minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full
297	297	269and accurate summary of actions taken, and the reasons therefor, including a description of the
298	298	270views expressed. All documents considered in connection with an action shall be identified in
299	299	271such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
300	300	272release by a majority vote of the interstate commission or order of a court of competent
301	301	273jurisdiction.
302	302	274
303	303	275 (c) The interstate commission shall, by a majority vote of the administrators, prescribe
304	304	276bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the
305	305	277purposes and exercise the powers of this compact, including but not limited to: (1) Establishing
306	306	278the fiscal year of the interstate commission; (2) Providing reasonable standards and procedures:
307	307	279(i) For the establishment and meetings of other committees; and (ii) Governing any general or
308	308	280specific delegation of any authority or function of the interstate commission; (3) Providing
309	309	281reasonable procedures for calling and conducting meetings of the interstate commission,
310	310	282ensuring reasonable advance notice of all meetings and providing an opportunity for attendance
311	311	283of such meetings by interested parties, with enumerated exceptions designed to protect the 15 of 30
312	312	284public’s interest, the privacy of individuals, and proprietary information, including trade secrets.
313	313	285The interstate commission may meet in closed session only after a majority of the administrators
314	314	286vote to close a meeting in whole or in part. As soon as practicable, the interstate commission
315	315	287must make public a copy of the vote to close the meeting revealing the vote of each
316	316	288administrator, with no proxy votes allowed; (4) Establishing the titles, duties and authority and
317	317	289reasonable procedures for the election of the officers of the interstate commission; (5) Providing
318	318	290reasonable standards and procedures for the establishment of the personnel policies and
319	319	291programs of the interstate commission. Notwithstanding any civil service or other similar laws of
320	320	292any party state, the bylaws shall exclusively govern the personnel policies and programs of the
321	321	293interstate commission; and (6) Providing a mechanism for winding up the operations of the
322	322	294interstate commission and the equitable disposition of any surplus funds that may exist after the
323	323	295termination of this compact after the payment or reserving of all of its debts and obligations;
324	324	296
325	325	297 (d) The interstate commission shall publish its bylaws and rules, and any amendments
326	326	298thereto, in a convenient form on the website of the interstate commission.
327	327	299
328	328	300 (e) The interstate commission shall maintain its financial records in accordance with the
329	329	301bylaws.
330	330	302
331	331	303 (f) The interstate commission shall meet and take such actions as are consistent with the
332	332	304provisions of this compact and the bylaws. 16 of 30
333	333	305
334	334	306 (g) The interstate commission shall have the following powers: (1) To promulgate
335	335	307uniform rules to facilitate and coordinate implementation and administration of this compact.
336	336	308The rules shall have the force and effect of law and shall be binding in all party states; (2) To
337	337	309bring and prosecute legal proceedings or actions in the name of the interstate commission,
338	338	310provided that the standing of any licensing board to sue or be sued under applicable law shall not
339	339	311be affected; (3) To purchase and maintain insurance and bonds; (4) To borrow, accept or contract
340	340	312for services of personnel, including, but not limited to, employees of a party state or nonprofit
341	341	313organizations; (5) To cooperate with other organizations that administer state compacts related to
342	342	314the regulation of nursing, including but not limited to sharing administrative or staff expenses,
343	343	315office space or other resources; (6) To hire employees, elect or appoint officers, fix
344	344	316compensation, define duties, grant such individuals appropriate authority to carry out the
345	345	317purposes of this compact, and to establish the interstate commission’s personnel policies and
346	346	318programs relating to conflicts of interest, qualifications of personnel and other related personnel
347	347	319matters; (7) To accept any and all appropriate donations, grants and gifts of money, equipment,
348	348	320supplies, materials and services, and to receive, utilize and dispose of the same; provided that at
349	349	321all times the interstate commission shall avoid any appearance of impropriety or conflict of
350	350	322interest; (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
351	351	323hold, improve or use, any property, whether real, personal or mixed; provided that at all times the
352	352	324interstate commission shall avoid any appearance of impropriety; (9) To sell, convey, mortgage,
353	353	325pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or
354	354	326mixed; (10) To establish a budget and make expenditures; (11) To borrow money; (12) To
355	355	327appoint committees, including advisory committees comprised of administrators, state nursing 17 of 30
356	356	328regulators, state legislators or their representatives, and consumer representatives, and other such
357	357	329interested persons; (13) To provide and receive information from, and to cooperate with, law
358	358	330enforcement agencies; (14) To adopt and use an official seal; and (15) To perform such other
359	359	331functions as may be necessary or appropriate to achieve the purposes of this compact consistent
360	360	332with the state regulation of nurse licensure and practice.
361	361	333
362	362	334 (h) (1) The interstate commission shall pay, or provide for the payment of, the reasonable
363	363	335expenses of its establishment, organization and ongoing activities.
364	364	336
365	365	337 (2) The interstate commission may also levy on and collect an annual assessment from
366	366	338each party state to cover the cost of its operations, activities and staff in its annual budget as
367	367	339approved each year. The aggregate annual assessment amount, if any, shall be allocated based
368	368	340upon a formula to be determined by the interstate commission, which shall promulgate a rule that
369	369	341is binding upon all party states.
370	370	342
371	371	343 (3) The interstate commission shall not incur obligations of any kind prior to securing the
372	372	344funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of
373	373	345the party states, except by, and with the authority of, such party state.
374	374	346
375	375	347 (4) The interstate commission shall keep accurate accounts of all receipts and
376	376	348disbursements. The receipts and disbursements of the interstate commission shall be subject to 18 of 30
377	377	349the audit and accounting procedures established under its bylaws. However, all receipts and
378	378	350disbursements of funds handled by the interstate commission shall be audited yearly by a
379	379	351certified or licensed public accountant, and the report of the audit shall be included in and
380	380	352become part of the annual report of the interstate commission.
381	381	353
382	382	354 (i) (1) The administrators, officers, executive director, employees and representatives of
383	383	355the interstate commission shall be immune from suit and liability, either personally or in their
384	384	356official capacity, for any claim for damage to or loss of property or personal injury or other civil
385	385	357liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
386	386	358that the person against whom the claim is made had a reasonable basis for believing occurred,
387	387	359within the scope of interstate commission employment, duties or responsibilities; provided that
388	388	360nothing in this paragraph shall be construed to protect any such person from suit or liability for
389	389	361any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of
390	390	362that person.
391	391	363
392	392	364 (2) The interstate commission shall defend any administrator, officer, executive director,
393	393	365employee or representative of the interstate commission in any civil action seeking to impose
394	394	366liability arising out of any actual or alleged act, error or omission that occurred within the scope
395	395	367of interstate commission employment, duties or responsibilities, or that the person against whom
396	396	368the claim is made had a reasonable basis for believing occurred within the scope of interstate
397	397	369commission employment, duties or responsibilities; provided that nothing herein shall be
398	398	370construed to prohibit that person from retaining his or her own counsel; and provided further that 19 of 30
399	399	371the actual or alleged act, error or omission did not result from that person’s intentional, willful or
400	400	372wanton misconduct.
401	401	373
402	402	374 (3) The interstate commission shall indemnify and hold harmless any administrator,
403	403	375officer, executive director, employee or representative of the interstate commission for the
404	404	376amount of any settlement or judgment obtained against that person arising out of any actual or
405	405	377alleged act, error or omission that occurred within the scope of interstate commission
406	406	378employment, duties or responsibilities, or that such person had a reasonable basis for believing
407	407	379occurred within the scope of interstate commission employment, duties or responsibilities,
408	408	380provided that the actual or alleged act, error or omission did not result from the intentional,
409	409	381willful or wanton misconduct of that person.
410	410	382
411	411	383 Section 7. (a) The interstate commission shall exercise its rulemaking powers pursuant to
412	412	384the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall
413	413	385become binding as of the date specified in each rule or amendment and shall have the same force
414	414	386and effect as provisions of this compact.
415	415	387
416	416	388 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
417	417	389the interstate commission.
418	418	390 (c) Prior to promulgation and adoption of a final rule or rules by the interstate
419	419	391commission, and at least 60 days in advance of the meeting at which the rule will be considered 20 of 30
420	420	392and voted upon, the interstate commission shall file a notice of proposed rulemaking: (1) On the
421	421	393website of the interstate commission; and (2) On the website of each licensing board or the
422	422	394publication in which each state would otherwise publish proposed rules.
423	423	395
424	424	396 (d) The notice of proposed rulemaking shall include: (1) The proposed time, date and
425	425	397location of the meeting in which the rule will be considered and voted upon; (2) The text of the
426	426	398proposed rule or amendment, and the reason for the proposed rule; (3) A request for comments
427	427	399on the proposed rule from any interested person; and (4) The manner in which interested persons
428	428	400may submit notice to the interstate commission of their intention to attend the public hearing and
429	429	401any written comments.
430	430	402
431	431	403 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to
432	432	404submit written data, facts, opinions and arguments, which shall be made available to the public.
433	433	405
434	434	406 (f) The interstate commission shall grant an opportunity for a public hearing before it
435	435	407adopts a rule or amendment.
436	436	408
437	437	409 (g) The interstate commission shall publish the place, time and date of the scheduled
438	438	410public hearing.
439	439	411 21 of 30
440	440	412 (1) Hearings shall be conducted in a manner providing each person who wishes to
441	441	413comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be
442	442	414recorded, and a copy will be made available upon request.
443	443	415
444	444	416 (2) Nothing in this section shall be construed as requiring a separate hearing on each rule.
445	445	417Rules may be grouped for the convenience of the interstate commission at hearings required by
446	446	418this section.
447	447	419
448	448	420 (h) If no one appears at the public hearing, the interstate commission may proceed with
449	449	421promulgation of the proposed rule.
450	450	422
451	451	423 (i) Following the scheduled hearing date, or by the close of business on the scheduled
452	452	424hearing date if the hearing was not held, the interstate commission shall consider all written and
453	453	425oral comments received.
454	454	426 (j) The interstate commission shall, by majority vote of all administrators, take final
455	455	427action on the proposed rule and shall determine the effective date of the rule, if any, based on the
456	456	428rulemaking record and the full text of the rule.
457	457	429
458	458	430 (k) Upon determination that an emergency exists, the interstate commission may consider
459	459	431and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided 22 of 30
460	460	432that the usual rulemaking procedures provided in this compact and in this section shall be
461	461	433retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days
462	462	434after the effective date of the rule. For the purposes of this provision, an emergency rule is one
463	463	435that must be adopted immediately in order to: (1) Meet an imminent threat to public health,
464	464	436safety or welfare; (2) Prevent a loss of interstate commission or party state funds; or (3) Meet a
465	465	437deadline for the promulgation of an administrative rule that is required by federal law or rule.
466	466	438
467	467	439 (l) The interstate commission may direct revisions to a previously adopted rule or
468	468	440amendment for purposes of correcting typographical errors, errors in format, errors in
469	469	441consistency or grammatical errors. Public notice of any revisions shall be posted on the website
470	470	442of the interstate commission. The revision shall be subject to challenge by any person for a
471	471	443period of 30 days after posting. The revision may be challenged only on grounds that the revision
472	472	444results in a material change to a rule. A challenge shall be made in writing, and delivered to the
473	473	445interstate commission, prior to the end of the notice period. If no challenge is made, the revision
474	474	446will take effect without further action. If the revision is challenged, the revision may not take
475	475	447effect without the approval of the interstate commission.
476	476	448
477	477	449 Section 8. (a) (1) Each party state shall enforce this compact and take all actions
478	478	450necessary and appropriate to effectuate this compact’s purposes and intent.
479	479	451 23 of 30
480	480	452 (2) The interstate commission shall be entitled to receive service of process in any
481	481	453proceeding that may affect the powers, responsibilities or actions of the interstate commission,
482	482	454and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
483	483	455service of process in such proceeding to the interstate commission shall render a judgment or
484	484	456order void as to the interstate commission, this compact or promulgated rules.
485	485	457
486	486	458 (b) (1) If the interstate commission determines that a party state has defaulted in the
487	487	459performance of its obligations or responsibilities under this compact or the promulgated rules,
488	488	460the interstate commission shall: (i) Provide written notice to the defaulting state and other party
489	489	461states of the nature of the default, the proposed means of curing the default or any other action to
490	490	462be taken by the interstate commission; and (ii) Provide remedial training and specific technical
491	491	463assistance regarding the default.
492	492	464
493	493	465 (2) If a state in default fails to cure the default, the defaulting state’s membership in this
494	494	466compact may be terminated upon an affirmative vote of a majority of the administrators, and all
495	495	467rights, privileges and benefits conferred by this compact may be terminated on the effective date
496	496	468of termination. A cure of the default does not relieve the offending state of obligations or
497	497	469liabilities incurred during the period of default.
498	498	470
499	499	471 (3) Termination of membership in this compact shall be imposed only after all other
500	500	472means of securing compliance have been exhausted. Notice of intent to suspend or terminate 24 of 30
501	501	473shall be given by the interstate commission to the governor of the defaulting state and to the
502	502	474executive officer of the defaulting state’s licensing board and each of the party states.
503	503	475 (4) A state whose membership in this compact has been terminated is responsible for all
504	504	476assessments, obligations and liabilities incurred through the effective date of termination,
505	505	477including obligations that extend beyond the effective date of termination.
506	506	478
507	507	479 (5) The interstate commission shall not bear any costs related to a state that is found to be
508	508	480in default or whose membership in this compact has been terminated unless agreed upon in
509	509	481writing between the interstate commission and the defaulting state.
510	510	482
511	511	483 (6) The defaulting state may appeal the action of the interstate commission by petitioning
512	512	484the U.S. District Court for the District of Columbia or the federal district in which the interstate
513	513	485commission has its principal offices. The prevailing party shall be awarded all costs of such
514	514	486litigation, including reasonable attorneys’ fees.
515	515	487
516	516	488 (c) (1) Upon request by a party state, the interstate commission shall attempt to resolve
517	517	489disputes related to the Compact that arise among party states and between party and non-party
518	518	490states.
519	519	491 25 of 30
520	520	492 (2) The interstate commission shall promulgate a rule providing for both mediation and
521	521	493binding dispute resolution for disputes, as appropriate.
522	522	494
523	523	495 (3) In the event the interstate commission cannot resolve disputes among party states
524	524	496arising under this compact: (i) The party states may submit the issues in dispute to an arbitration
525	525	497panel, which will be comprised of individuals appointed by the compact administrator in each of
526	526	498the affected party states and an individual mutually agreed upon by the compact administrators
527	527	499of all the party states involved in the dispute; and (ii) The decision of a majority of the arbitrators
528	528	500shall be final and binding.
529	529	501
530	530	502 (d) (1) The interstate commission, in the reasonable exercise of its discretion, shall
531	531	503enforce the provisions and rules of this compact.
532	532	504
533	533	505 (2) By majority vote, the interstate commission may initiate legal action in the U.S.
534	534	506District Court for the District of Columbia or the federal district in which the interstate
535	535	507commission has its principal offices against a party state that is in default to enforce compliance
536	536	508with the provisions of this compact and its promulgated rules and bylaws. The relief sought may
537	537	509include both injunctive relief and damages. In the event judicial enforcement is necessary, the
538	538	510prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’
539	539	511fees.
540	540	512 26 of 30
541	541	513 (3) The remedies herein shall not be the exclusive remedies of the interstate commission.
542	542	514The interstate commission may pursue any other remedies available under federal or state law.
543	543	515
544	544	516 Section 9. (a) Each party state to this compact shall continue to recognize a nurse’s
545	545	517multistate licensure privilege to practice in that party state issued under the prior compact until
546	546	518such party state has withdrawn from the prior compact.
547	547	519 (b) Any party state may withdraw from this compact by enacting a statute repealing the
548	548	520same. A party state’s withdrawal shall not take effect until 6 months after enactment of the
549	549	521repealing statute.
550	550	522 (c) A party state’s withdrawal or termination shall not affect the continuing requirement
551	551	523of the withdrawing or terminated state’s licensing board to report adverse actions and significant
552	552	524investigations occurring prior to the effective date of such withdrawal or termination.
553	553	525 (d) Nothing contained in this compact shall be construed to invalidate or prevent any
554	554	526nurse licensure agreement or other cooperative arrangement between a party state and a non-
555	555	527party state that is made in accordance with the other provisions of this compact.
556	556	528 (e) This compact may be amended by the party states. No amendment to this compact
557	557	529shall become effective and binding upon the party states unless and until it is enacted into the
558	558	530laws of all party states.
559	559	531 (f) Representatives of non-party states to this compact shall be invited to participate in
560	560	532the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this
561	561	533compact by all states. 27 of 30
562	562	534 Section 10. This compact shall be liberally construed so as to effectuate the purposes
563	563	535thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or
564	564	536provision of this compact is declared to be contrary to the constitution of any party state or of the
565	565	537United States, or if the applicability thereof to any government, agency, person or circumstance
566	566	538is held invalid, the validity of the remainder of this compact and the applicability thereof to any
567	567	539government, agency, person or circumstance shall not be affected thereby. If this compact shall
568	568	540be held to be contrary to the constitution of any party state, this compact shall remain in full
569	569	541force and effect as to the remaining party states and in full force and effect as to the party state
570	570	542affected as to all severable matters.
571	571	543 Section 11. The executive director of the board of registration in nursing, or the board
572	572	544executive director’s designee, shall be the administrator of the nurse licensure compact for the
573	573	545commonwealth.
574	574	546 Section 12. The board of registration in nursing shall adopt regulations in the same
575	575	547manner as all other with states legally joining in the compact and may adopt additional
576	576	548regulations as necessary to implement the provisions of this chapter.
577	577	549 Section 13. The board of registration in nursing may recover from a nurse the costs of
578	578	550investigation and disposition of cases resulting in any adverse disciplinary action taken against
579	579	551that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be
580	580	552deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of
581	581	553chapter 10.
582	582	554 Section 14. The board of registration in nursing may take disciplinary action against the
583	583	555practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in 28 of 30
584	584	556the commonwealth under a license issued by party state. The board’s disciplinary action may be
585	585	557based on disciplinary action against the nurse’s license taken by the nurse’s home state.
586	586	558 Section 15. In reporting information to the coordinated licensure information system
587	587	559under section 8 of this chapter related to the nurse licensure compact, the board of registration in
588	588	560nursing may disclose personally identifiable information about the nurse, including social
589	589	561security number.
590	590	562 Section 16. Nothing in this chapter, nor the entrance of the commonwealth into the nurse
591	591	563licensure compact shall be construed to supersede existing labor laws.
592	592	564 Section 17. The commonwealth, its officers and employees, and the board of registration
593	593	565in nursing and its agents who act in accordance with the provisions of this chapter shall not be
594	594	566liable on account of any act or omission in good faith while engaged in the performance of their
595	595	567duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or
596	596	568recklessness.
597	597	569 Section 18. As part of the licensure and background check process for a multistate license
598	598	570and to determine the suitability of an applicant for multistate licensure, the board of registration
599	599	571in nursing, prior to issuing any multistate license, shall conduct a fingerprint-based check of the
600	600	572state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-
601	601	573544.
602	602	574 Fingerprints shall be submitted to the identification section of the department of state
603	603	575police for a state criminal history check and forwarded to the Federal Bureau of Investigation for
604	604	576a national criminal history check, according to the policies and procedures established by the
605	605	577state identification section and by the department of criminal justice information services. 29 of 30
606	606	578Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state
607	607	579identification section and the department of criminal justice information services for requests
608	608	580submitted by the board of registration in nursing as authorized under this section to ensure the
609	609	581continued suitability of these individuals for licensure. The department of criminal justice
610	610	582information services may disseminate the results of the state and national criminal background
611	611	583checks to the executive director of the board of registration in nursing and authorized staff of the
612	612	584board.
613	613	585 All applicants shall pay a fee to be established by the secretary of administration and
614	614	586finance, in consultation with the secretary of public safety, to offset the costs of operating and
615	615	587administering a fingerprint-based criminal background check system. The secretary of
616	616	588administration and finance, in consultation with the secretary of public safety, may increase the
617	617	589fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check
618	618	590service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited
619	619	591into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of
620	620	592chapter 29.
621	621	593 The board of registration in nursing may receive all criminal offender record information
622	622	594and the results of checks of state and national criminal history databases under said Public Law
623	623	59592-544. When the board of registration in nursing obtains the results of checks of state and
624	624	596national criminal history databases, it shall treat the information according to sections 167 to
625	625	597178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record
626	626	598information. 30 of 30
627	627	599 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of
628	628	600registration in nursing receives criminal record information from the state or national fingerprint-
629	629	601based criminal background checks that includes no disposition or is otherwise incomplete, the
630	630	602agency head may request that an applicant for licensure provide additional information regarding
631	631	603the results of the criminal background checks to assist the agency head in determining the
632	632	604applicant’s suitability for licensure.
633	633	605 Section 19. The nurse licensure compact is hereby adopted and entered into with all other
634	634	606jurisdictions that legally join in the compact.
635	635	607 SECTION 3. Notwithstanding any general or special law to the contrary, the secretary of
636	636	608administration and finance, following a public hearing, shall increase the fee for obtaining or
637	637	609renewing a license, certificate, registration, permit or authority issued by a board within the
638	638	610department of public health, excluding the board of registration in medicine, as necessary to
639	639	611implement the provisions of chapter 112A of the General Laws. The amount of the increase in
640	640	612fees shall be deposited in the Quality in Health Professions Trust Fund established in section
641	641	61335X of chapter 10.
642	642	614 SECTION 4. This act shall take effective 180 days upon passage.