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