Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S747 Compare Versions

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

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2	2	SENATE DOCKET, NO. 2113 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 747
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Barry R. Finegold
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 the nurse licensure compact in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Barry R. FinegoldSecond Essex and Middlesex 1 of 31
16	16	SENATE DOCKET, NO. 2113 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 747
18	18	By Mr. Finegold, a petition (accompanied by bill, Senate, No. 747) of Barry R. Finegold for
19	19	legislation relative to participation in the national nurse licensure compact agreement. Health
20	20	Care Financing.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1284 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the nurse licensure compact in Massachusetts.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Subsection (c) of section 14 of chapter 13 of the General Laws, as
32	32	2appearing in the 2022 Official Edition, is hereby amended by inserting, in line 4, after the words
33	33	3“twelve,”, the following words:- and chapter 112A.
34	34	4 SECTION 2. Section 79 of chapter 112 of the General Laws, as so appearing, is hereby
35	35	5amended by adding the following two sentences:-
36	36	6 The board may assess a licensed nurse a penalty of not more than $2,000 for each
37	37	7violation of regulations promulgated pursuant to this section and for each violation of any
38	38	8general law that governs the practice of nursing. The board, through regulation, shall ensure that
39	39	9any fine levied is commensurate with the severity of the violation. 2 of 31
40	40	10 SECTION 3. The General Laws, as so appearing, are hereby amended by inserting after
41	41	11chapter 112 the following chapter:-
42	42	12 Chapter 112A. Nurse Licensure Compact
43	43	13 Section 1.
44	44	14 As used in this chapter, the following words shall have the following meanings:
45	45	15 “Adverse action”, any administrative, civil, equitable or criminal action permitted by a
46	46	16state’s laws which is imposed by a licensing board or other authority against a nurse, including
47	47	17actions against an individual’s license or multistate licensure privilege such as revocation,
48	48	18suspension, probation, monitoring of the licensee, limitation on the licensee’s practice or any
49	49	19other encumbrance on licensure affecting a nurse’s authorization to practice, including issuance
50	50	20of a cease and desist action.
51	51	21 “Alternative program”, a non-disciplinary monitoring program approved by a licensing
52	52	22board.
53	53	23 “Compact” or “Nurse Licensure Compact”, the legally binding agreement between party
54	54	24states as adopted by the National Council of State Boards of Nursing Nurse Licensure Compact
55	55	25in its Final Version dated May 4, 2015, and entered into by the commonwealth in accordance
56	56	26with this chapter.
57	57	27 “Coordinated licensure information system”, an integrated process for collecting, storing
58	58	28and sharing information on nurse licensure and enforcement activities related to nurse licensure
59	59	29laws that is administered by a nonprofit organization composed of and controlled by licensing
60	60	30boards. 3 of 31
61	61	31 “Current significant investigative information”, (i) investigative information that a
62	62	32licensing board, after a preliminary inquiry that includes notification and an opportunity for the
63	63	33nurse to respond, if required by state law, has reason to believe is not groundless and, if proved
64	64	34true, would indicate more than a minor infraction or (ii) investigative information that indicates
65	65	35that the nurse represents an immediate threat to public health and safety regardless of whether
66	66	36the nurse has been notified and had an opportunity to respond.
67	67	37 “Encumbrance”, a revocation or suspension of, or any limitation on, the full and
68	68	38unrestricted practice of nursing imposed by a licensing board.
69	69	39 “Home state”, the party state which is the nurse’s primary state of residence.
70	70	40 “Interstate commission”, the Interstate Commission of Nurse Licensure Compact
71	71	41Administrators as established in section 6 of this chapter.
72	72	42 “Licensing board”, a party state’s regulatory body responsible for issuing nurse licenses.
73	73	43 “Multistate license”, a license to practice as a registered nurse or a licensed practical or
74	74	44vocational nurse issued by a home state licensing board that authorizes the licensed nurse to
75	75	45practice in all party states under a multistate licensure privilege.
76	76	46 “Multistate licensure privilege”, a legal authorization associated with a multistate license
77	77	47permitting the practice of nursing as either a registered nurse or as a licensed practical or
78	78	48vocational nurse in a remote state.
79	79	49 “Nurse”, registered nurse or a licensed practical or vocational nurse, as those terms are
80	80	50defined by each party state’s practice laws.
81	81	51 “Party state”, the commonwealth and any other state that has adopted this compact. 4 of 31
82	82	52 “Remote state”, a party state other than the home state.
83	83	53 “Single-state license”, a nurse license issued by a party state that authorizes practice only
84	84	54within the issuing state and does not include a multistate licensure privilege to practice in any
85	85	55other party state.
86	86	56 “State”, a state, territory or possession of the United States and the District of Columbia.
87	87	57 “State practice laws”, a party state’s laws, rules and regulations that govern the practice
88	88	58of nursing, define the scope of nursing practice and establish the methods and grounds for
89	89	59imposing discipline. “State practice laws” do not include requirements necessary to obtain and
90	90	60retain a license, except for qualifications or requirements of the home state.
91	91	61 Section 2.
92	92	62 (a) A multistate license to practice as a nurse issued by a home state to a resident in that
93	93	63state will be recognized by each party state as authorizing a nurse to practice as a registered
94	94	64nurse or as a licensed practical or vocational nurse, under a multistate licensure privilege, in each
95	95	65party state.
96	96	66 (b) A state must implement procedures for considering the criminal history records of
97	97	67applicants for initial multistate license or licensure by endorsement. Such procedures shall
98	98	68include the submission of fingerprints or other biometric-based information by applicants for the
99	99	69purpose of obtaining an applicant’s criminal history record information from the Federal Bureau
100	100	70of Investigation and the agency responsible for retaining that state’s criminal records.
101	101	71 (c) Each party state shall require the following for an applicant to obtain or retain a
102	102	72multistate license in the home state: 5 of 31
103	103	73 (1) Meets the home state’s qualifications for licensure or renewal of licensure, as well as,
104	104	74all other applicable state laws;
105	105	75 (2) (i) Has graduated or is eligible to graduate from a licensing board-approved registered
106	106	76nurse or practical or vocational nurse pre-licensure education program; or (ii) has graduated from
107	107	77a foreign registered nurse or practical or vocational nurse pre-licensure education program that
108	108	78(A) has been approved by the authorized accrediting body in the applicable country and (B) has
109	109	79been verified by an independent credentials review agency to be comparable to a licensing
110	110	80board-approved pre-licensure education program;
111	111	81 (3) Has, if a graduate of a foreign pre-licensure education program not taught in English
112	112	82or if English is not the individual’s native language, successfully passed an English proficiency
113	113	83examination that includes the components of reading, speaking, writing and listening;
114	114	84 (4) Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or
115	115	85recognized predecessor, as applicable;
116	116	86 (5) Is eligible for or holds an active, unencumbered license;
117	117	87 (6) Has submitted, in connection with an application for initial licensure or licensure by
118	118	88endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history
119	119	89record information from the Federal Bureau of Investigation and the agency responsible for
120	120	90retaining that state’s criminal records;
121	121	91 (7) Has not been convicted or found guilty, or entered into an agreed disposition, of a
122	122	92felony offense under applicable state or federal criminal law; 6 of 31
123	123	93 (8) Has not been convicted or found guilty, or entered into an agreed disposition, of a
124	124	94misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
125	125	95 (9) Is not currently enrolled in an alternative program;
126	126	96 (10) Is subject to self-disclosure requirements regarding current participation in an
127	127	97alternative program; and
128	128	98 (11) Has a valid United States Social Security number.
129	129	99 (d) All party states shall be authorized, in accordance with existing state due process law,
130	130	100to take adverse action against a nurse’s multistate licensure privilege such as revocation,
131	131	101suspension, probation or any other action that affects a nurse’s authorization to practice under a
132	132	102multistate licensure privilege, including cease and desist actions. If a party state takes such
133	133	103action, it shall promptly notify the administrator of the coordinated licensure information system.
134	134	104The administrator of the coordinated licensure information system shall promptly notify the
135	135	105home state of any such actions by remote states.
136	136	106 (e) A nurse practicing in a party state must comply with the state practice laws of the
137	137	107state in which the client is located at the time service is provided. The practice of nursing is not
138	138	108limited to patient care, but shall include all nursing practice as defined by the state practice laws
139	139	109of the party state in which the client is located. The practice of nursing in a party state under a
140	140	110multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the
141	141	111courts and the laws of the party state in which the client is located at the time service is provided.
142	142	112 (f) Individuals not residing in a party state shall continue to be able to apply for a party
143	143	113state’s single-state license as provided under the laws of each party state. However, the single- 7 of 31
144	144	114state license granted to these individuals will not be recognized as granting the privilege to
145	145	115practice nursing in any other party state. Nothing in this compact shall affect the requirements
146	146	116established by a party state for the issuance of a single-state license.
147	147	117 (g) Any nurse holding a home state multistate license, on the effective date of this
148	148	118compact, may retain and renew the multistate license issued by the nurse’s then-current home
149	149	119state, provided that:
150	150	120 (1) A nurse, who changes primary state of residence after this compact’s effective date,
151	151	121must meet all applicable requirements under section 2 to obtain a multistate license from a new
152	152	122home state.
153	153	123 (2) A nurse who fails to satisfy the multistate licensure requirements in section 2 due to a
154	154	124disqualifying event occurring after this compact’s effective date shall be ineligible to retain or
155	155	125renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in
156	156	126accordance with applicable rules adopted by the interstate commission.
157	157	127 Section 3.
158	158	128 (a) Upon application for a multistate license, the licensing board in the issuing party state
159	159	129shall ascertain, through the coordinated licensure information system, whether the applicant has
160	160	130ever held, or is the holder of, a license issued by any other state, whether there are any
161	161	131encumbrances on any license or multistate licensure privilege held by the applicant, whether any
162	162	132adverse action has been taken against any license or multistate licensure privilege held by the
163	163	133applicant and whether the applicant is currently participating in an alternative program. 8 of 31
164	164	134 (b) A nurse may hold a multistate license, issued by the home state, in only one party
165	165	135state at a time.
166	166	136 (c) If a nurse changes primary state of residence by moving between two party states, the
167	167	137nurse must apply for licensure in the new home state, and the multistate license issued by the
168	168	138prior home state will be deactivated in accordance with applicable rules adopted by the interstate
169	169	139commission.
170	170	140 (1) The nurse may apply for licensure in advance of a change in primary state of
171	171	141residence.
172	172	142 (2) A multistate license shall not be issued by the new home state until the nurse provides
173	173	143satisfactory evidence of a change in primary state of residence to the new home state and
174	174	144satisfies all applicable requirements to obtain a multistate license from the new home state.
175	175	145 (d) If a nurse changes primary state of residence by moving from a party state to a non-
176	176	146party state, the multistate license issued by the prior home state will convert to a single-state
177	177	147license, valid only in the former home state.
178	178	148 Section 4.
179	179	149 (a) In addition to the other powers conferred by state law, a licensing board shall have the
180	180	150authority to:
181	181	151 (1) Take adverse action against a nurse’s multistate licensure privilege to practice within
182	182	152that party state.
183	183	153 (i) Only the home state shall have the power to take adverse action against a nurse’s
184	184	154license issued by the home state. 9 of 31
185	185	155 (ii) For purposes of taking adverse action, the home state licensing board shall give the
186	186	156same priority and effect to reported conduct received from a remote state as it would if such
187	187	157conduct had occurred within the home state. In so doing, the home state shall apply its own state
188	188	158laws to determine appropriate action.
189	189	159 (2) Issue cease and desist orders or impose an encumbrance on a nurse’s authority to
190	190	160practice within that party state.
191	191	161 (3) Complete any pending investigations of a nurse who changes primary state of
192	192	162residence during the course of such investigations. The licensing board shall also have the
193	193	163authority to take appropriate action(s) and shall promptly report the conclusions of such
194	194	164investigations to the administrator of the coordinated licensure information system. The
195	195	165administrator of the coordinated licensure information system shall promptly notify the new
196	196	166home state of any such actions.
197	197	167 (4) Issue subpoenas for both hearings and investigations that require the attendance and
198	198	168testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing
199	199	169board in a party state for the attendance and testimony of witnesses or the production of evidence
200	200	170from another party state shall be enforced in the latter state by any court of competent
201	201	171jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued
202	202	172in proceedings pending before it. The issuing authority shall pay any witness fees, travel
203	203	173expenses, mileage and other fees required by the service statutes of the state in which the
204	204	174witnesses or evidence are located.
205	205	175 (5) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-
206	206	176based information to the Federal Bureau of Investigation for criminal background checks, 10 of 31
207	207	177receive the results of the Federal Bureau of Investigation record search on criminal background
208	208	178checks and use the results in making licensure decisions.
209	209	179 (6) If otherwise permitted by state law, recover from the affected nurse the costs of
210	210	180investigations and disposition of cases resulting from any adverse action taken against that nurse.
211	211	181 (7) Take adverse action based on the factual findings of the remote state, provided that
212	212	182the licensing board follows its own procedures for taking such adverse action.
213	213	183 (b) If adverse action is taken by the home state against a nurse’s multistate license, the
214	214	184nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until
215	215	185all encumbrances have been removed from the multistate license. All home state disciplinary
216	216	186orders that impose adverse action against a nurse’s multistate license shall include a statement
217	217	187that the nurse’s multistate licensure privilege is deactivated in all party states during the
218	218	188pendency of the order.
219	219	189 (c) Nothing in this compact shall override a party state’s decision that participation in an
220	220	190alternative program may be used in lieu of adverse action. The home state licensing board shall
221	221	191deactivate the multistate licensure privilege under the multistate license of any nurse for the
222	222	192duration of the nurse’s participation in an alternative program.
223	223	193 Section 5.
224	224	194 (a) All party states shall participate in a coordinated licensure information system of all
225	225	195licensed registered nurses and licensed practical or vocational nurses. This system will include
226	226	196information on the licensure and disciplinary history of each nurse, as submitted by party states,
227	227	197to assist in the coordination of nurse licensure and enforcement efforts. 11 of 31
228	228	198 (b) The interstate commission, in consultation with the administrator of the coordinated
229	229	199licensure information system, shall formulate necessary and proper procedures for the
230	230	200identification, collection and exchange of information under this compact.
231	231	201 (c) All licensing boards shall promptly report to the coordinated licensure information
232	232	202system any adverse action, any current significant investigative information, denials of
233	233	203applications with the reasons for such denials and nurse participation in alternative programs
234	234	204known to the licensing board regardless of whether such participation is deemed nonpublic or
235	235	205confidential under state law.
236	236	206 (d) Current significant investigative information and participation in nonpublic or
237	237	207confidential alternative programs shall be transmitted through the coordinated licensure
238	238	208information system only to party state licensing boards.
239	239	209 (e) Notwithstanding any other provision of law, all party state licensing boards
240	240	210contributing information to the coordinated licensure information system may designate
241	241	211information that may not be shared with non-party states or disclosed to other entities or
242	242	212individuals without the express permission of the contributing state.
243	243	213 (f) Any personally identifiable information obtained from the coordinated licensure
244	244	214information system by a party state licensing board shall not be shared with non-party states or
245	245	215disclosed to other entities or individuals except to the extent permitted by the laws of the party
246	246	216state contributing the information.
247	247	217 (g) Any information contributed to the coordinated licensure information system that is
248	248	218subsequently required to be expunged by the laws of the party state contributing that information
249	249	219shall also be expunged from the coordinated licensure information system. 12 of 31
250	250	220 (h) The compact administrator of each party state shall furnish a uniform data set to the
251	251	221compact administrator of each other party state, which shall include, at a minimum:
252	252	222 (1) Identifying information;
253	253	223 (2) Licensure data;
254	254	224 (3) Information related to alternative program participation; and
255	255	225 (4) Other information that may facilitate the administration of this compact, as
256	256	226determined by interstate commission rules.
257	257	227 (i) The compact administrator of a party state shall provide all investigative documents
258	258	228and information requested by another party state.
259	259	229 Section 6.
260	260	230 (a) The party states hereby create and establish a joint public entity known as the
261	261	231Interstate Commission of Nurse Licensure Compact Administrators.
262	262	232 (1) The interstate commission is an instrumentality of the party states.
263	263	233 (2) Venue is proper, and judicial proceedings by or against the interstate commission
264	264	234shall be brought solely and exclusively, in a court of competent jurisdiction where the principal
265	265	235office of the interstate commission is located. The interstate commission may waive venue and
266	266	236jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute
267	267	237resolution proceedings.
268	268	238 (3) Nothing in this compact shall be construed to be a waiver of sovereign immunity. 13 of 31
269	269	239 (b) Membership, Voting and Meetings
270	270	240 (1) Each party state shall have and be limited to one administrator. The head of the state
271	271	241licensing board or designee shall be the administrator of this compact for each party state. Any
272	272	242administrator may be removed or suspended from office as provided by the law of the state from
273	273	243which the administrator is appointed. Any vacancy occurring in the interstate commission shall
274	274	244be filled in accordance with the laws of the party state in which the vacancy exists.
275	275	245 (2) Each administrator shall be entitled to 1 vote with regard to the promulgation of rules
276	276	246and creation of bylaws and shall otherwise have an opportunity to participate in the business and
277	277	247affairs of the interstate commission. An administrator shall vote in person or by such other means
278	278	248as provided in the bylaws. The bylaws may provide for an administrator’s participation in
279	279	249meetings by telephone or other means of communication.
280	280	250 (3) The interstate commission shall meet at least once during each calendar year.
281	281	251Additional meetings shall be held as set forth in the bylaws or rules of the interstate commission.
282	282	252 (4) All meetings shall be open to the public, and public notice of meetings shall be given
283	283	253in the same manner as required under the rulemaking provisions in section 7.
284	284	254 (5) The interstate commission may convene in a closed, nonpublic meeting if the
285	285	255interstate commission must discuss:
286	286	256 (i) Noncompliance of a party state with its obligations under this compact;
287	287	257 (ii) The employment, compensation, discipline or other personnel matters, practices or
288	288	258procedures related to specific employees or other matters related to the interstate commission’s
289	289	259internal personnel practices and procedures; 14 of 31
290	290	260 (iii) Current, threatened or reasonably anticipated litigation;
291	291	261 (iv) Negotiation of contracts for the purchase or sale of goods, services or real estate;
292	292	262 (v) Accusing any person of a crime or formally censuring any person;
293	293	263 (vi) Disclosure of trade secrets or commercial or financial information that is privileged
294	294	264or confidential;
295	295	265 (vii) Disclosure of information of a personal nature where disclosure would constitute a
296	296	266clearly unwarranted invasion of personal privacy;
297	297	267 (viii) Disclosure of investigatory records compiled for law enforcement purposes;
298	298	268 (ix) Disclosure of information related to any reports prepared by or on behalf of the
299	299	269interstate commission for the purpose of investigation of compliance with this compact; or
300	300	270 (x) Matters specifically exempted from disclosure by federal or state statute.
301	301	271 (6) If a meeting, or portion of a meeting, is closed pursuant to this provision, the
302	302	272interstate commission’s legal counsel or designee shall certify that the meeting may be closed
303	303	273and shall reference each relevant exempting provision. The interstate commission shall keep
304	304	274minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full
305	305	275and accurate summary of actions taken, and the reasons therefor, including a description of the
306	306	276views expressed. All documents considered in connection with an action shall be identified in
307	307	277such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
308	308	278release by a majority vote of the interstate commission or order of a court of competent
309	309	279jurisdiction. 15 of 31
310	310	280 (c) The interstate commission shall, by a majority vote of the administrators, prescribe
311	311	281bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the
312	312	282purposes and exercise the powers of this compact, including but not limited to:
313	313	283 (1) Establishing the fiscal year of the interstate commission;
314	314	284 (2) Providing reasonable standards and procedures:
315	315	285 (i) For the establishment and meetings of other committees; and
316	316	286 (ii) Governing any general or specific delegation of any authority or function of the
317	317	287interstate commission;
318	318	288 (3) Providing reasonable procedures for calling and conducting meetings of the interstate
319	319	289commission, ensuring reasonable advance notice of all meetings and providing an opportunity
320	320	290for attendance of such meetings by interested parties, with enumerated exceptions designed to
321	321	291protect the public’s interest, the privacy of individuals, and proprietary information, including
322	322	292trade secrets. The interstate commission may meet in closed session only after a majority of the
323	323	293administrators vote to close a meeting in whole or in part. As soon as practicable, the interstate
324	324	294commission must make public a copy of the vote to close the meeting revealing the vote of each
325	325	295administrator, with no proxy votes allowed;
326	326	296 (4) Establishing the titles, duties and authority and reasonable procedures for the election
327	327	297of the officers of the interstate commission;
328	328	298 (5) Providing reasonable standards and procedures for the establishment of the personnel
329	329	299policies and programs of the interstate commission. Notwithstanding any civil service or other 16 of 31
330	330	300similar laws of any party state, the bylaws shall exclusively govern the personnel policies and
331	331	301programs of the interstate commission; and
332	332	302 (6) Providing a mechanism for winding up the operations of the interstate commission
333	333	303and the equitable disposition of any surplus funds that may exist after the termination of this
334	334	304compact after the payment or reserving of all of its debts and obligations;
335	335	305 (d) The interstate commission shall publish its bylaws and rules, and any amendments
336	336	306thereto, in a convenient form on the website of the interstate commission.
337	337	307 (e) The interstate commission shall maintain its financial records in accordance with the
338	338	308bylaws.
339	339	309 (f) The interstate commission shall meet and take such actions as are consistent with the
340	340	310provisions of this compact and the bylaws.
341	341	311 (g) The interstate commission shall have the following powers:
342	342	312 (1) To promulgate uniform rules to facilitate and coordinate implementation and
343	343	313administration of this compact. The rules shall have the force and effect of law and shall be
344	344	314binding in all party states;
345	345	315 (2) To bring and prosecute legal proceedings or actions in the name of the interstate
346	346	316commission, provided that the standing of any licensing board to sue or be sued under applicable
347	347	317law shall not be affected;
348	348	318 (3) To purchase and maintain insurance and bonds; 17 of 31
349	349	319 (4) To borrow, accept or contract for services of personnel, including, but not limited to,
350	350	320employees of a party state or nonprofit organizations;
351	351	321 (5) To cooperate with other organizations that administer state compacts related to the
352	352	322regulation of nursing, including but not limited to sharing administrative or staff expenses, office
353	353	323space or other resources;
354	354	324 (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant
355	355	325such individuals appropriate authority to carry out the purposes of this compact, and to establish
356	356	326the interstate commission’s personnel policies and programs relating to conflicts of interest,
357	357	327qualifications of personnel and other related personnel matters;
358	358	328 (7) To accept any and all appropriate donations, grants and gifts of money, equipment,
359	359	329supplies, materials and services and to receive, utilize and dispose of the same; provided that at
360	360	330all times the interstate commission shall avoid any appearance of impropriety or conflict of
361	361	331interest;
362	362	332 (8) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
363	363	333hold, improve or use, any property, whether real, personal or mixed; provided that at all times the
364	364	334interstate commission shall avoid any appearance of impropriety;
365	365	335 (9) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of
366	366	336any property, whether real, personal or mixed;
367	367	337 (10) To establish a budget and make expenditures;
368	368	338 (11) To borrow money; 18 of 31
369	369	339 (12) To appoint committees, including advisory committees comprised of administrators,
370	370	340state nursing regulators, state legislators or their representatives, and consumer representatives,
371	371	341and other such interested persons;
372	372	342 (13) To provide and receive information from, and to cooperate with, law enforcement
373	373	343agencies;
374	374	344 (14) To adopt and use an official seal; and
375	375	345 (15) To perform such other functions as may be necessary or appropriate to achieve the
376	376	346purposes of this compact consistent with the state regulation of nurse licensure and practice.
377	377	347 (h) Financing of the interstate commission
378	378	348 (1) The interstate commission shall pay, or provide for the payment of, the reasonable
379	379	349expenses of its establishment, organization and ongoing activities.
380	380	350 (2) The interstate commission may also levy on and collect an annual assessment from
381	381	351each party state to cover the cost of its operations, activities and staff in its annual budget as
382	382	352approved each year. The aggregate annual assessment amount, if any, shall be allocated based
383	383	353upon a formula to be determined by the interstate commission, which shall promulgate a rule that
384	384	354is binding upon all party states.
385	385	355 (3) The interstate commission shall not incur obligations of any kind prior to securing the
386	386	356funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of
387	387	357the party states, except by, and with the authority of, such party state.
388	388	358 (4) The interstate commission shall keep accurate accounts of all receipts and
389	389	359disbursements. The receipts and disbursements of the interstate commission shall be subject to 19 of 31
390	390	360the audit and accounting procedures established under its bylaws. However, all receipts and
391	391	361disbursements of funds handled by the interstate commission shall be audited yearly by a
392	392	362certified or licensed public accountant, and the report of the audit shall be included in and
393	393	363become part of the annual report of the interstate commission.
394	394	364 (i) Qualified Immunity, Defense and Indemnification
395	395	365 (1) The administrators, officers, executive director, employees and representatives of the
396	396	366interstate commission shall be immune from suit and liability, either personally or in their
397	397	367official capacity, for any claim for damage to or loss of property or personal injury or other civil
398	398	368liability caused by or arising out of any actual or alleged act, error or omission that occurred, or
399	399	369that the person against whom the claim is made had a reasonable basis for believing occurred,
400	400	370within the scope of interstate commission employment, duties or responsibilities; provided that
401	401	371nothing in this paragraph shall be construed to protect any such person from suit or liability for
402	402	372any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of
403	403	373that person.
404	404	374 (2) The interstate commission shall defend any administrator, officer, executive director,
405	405	375employee or representative of the interstate commission in any civil action seeking to impose
406	406	376liability arising out of any actual or alleged act, error or omission that occurred within the scope
407	407	377of interstate commission employment, duties or responsibilities, or that the person against whom
408	408	378the claim is made had a reasonable basis for believing occurred within the scope of interstate
409	409	379commission employment, duties or responsibilities; provided, however, that nothing herein shall
410	410	380be construed to prohibit that person from retaining his or her own counsel; and provided, further, 20 of 31
411	411	381that the actual or alleged act, error or omission did not result from that person’s intentional,
412	412	382willful or wanton misconduct.
413	413	383 (3) The interstate commission shall indemnify and hold harmless any administrator,
414	414	384officer, executive director, employee or representative of the interstate commission for the
415	415	385amount of any settlement or judgment obtained against that person arising out of any actual or
416	416	386alleged act, error or omission that occurred within the scope of interstate commission
417	417	387employment, duties or responsibilities, or that such person had a reasonable basis for believing
418	418	388occurred within the scope of interstate commission employment, duties or responsibilities,
419	419	389provided that the actual or alleged act, error or omission did not result from the intentional,
420	420	390willful or wanton misconduct of that person.
421	421	391 Section 7.
422	422	392 (a) The interstate commission shall exercise its rulemaking powers pursuant to the
423	423	393criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall
424	424	394become binding as of the date specified in each rule or amendment and shall have the same force
425	425	395and effect as provisions of this compact.
426	426	396 (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
427	427	397the interstate commission.
428	428	398 (c) Prior to promulgation and adoption of a final rule or rules by the interstate
429	429	399commission, and at least 60 days in advance of the meeting at which the rule will be considered
430	430	400and voted upon, the interstate commission shall file a notice of proposed rulemaking:
431	431	401 (1) On the website of the interstate commission; and 21 of 31
432	432	402 (2) On the website of each licensing board or the publication in which each state would
433	433	403otherwise publish proposed rules.
434	434	404 (d) The notice of proposed rulemaking shall include:
435	435	405 (1) The proposed time, date and location of the meeting in which the rule will be
436	436	406considered and voted upon;
437	437	407 (2) The text of the proposed rule or amendment, and the reason for the proposed rule;
438	438	408 (3) A request for comments on the proposed rule from any interested person; and
439	439	409 (4) The manner in which interested persons may submit notice to the interstate
440	440	410commission of their intention to attend the public hearing and any written comments.
441	441	411 (e) Prior to adoption of a proposed rule, the interstate commission shall allow persons to
442	442	412submit written data, facts, opinions and arguments, which shall be made available to the public.
443	443	413 (f) The interstate commission shall grant an opportunity for a public hearing before it
444	444	414adopts a rule or amendment.
445	445	415 (g) The interstate commission shall publish the place, time and date of the scheduled
446	446	416public hearing.
447	447	417 (1) Hearings shall be conducted in a manner providing each person who wishes to
448	448	418comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be
449	449	419recorded, and a copy will be made available upon request. 22 of 31
450	450	420 (2) Nothing in this section shall be construed as requiring a separate hearing on each rule.
451	451	421Rules may be grouped for the convenience of the interstate commission at hearings required by
452	452	422this section.
453	453	423 (h) If no one appears at the public hearing, the interstate commission may proceed with
454	454	424promulgation of the proposed rule.
455	455	425 (i) Following the scheduled hearing date, or by the close of business on the scheduled
456	456	426hearing date if the hearing was not held, the interstate commission shall consider all written and
457	457	427oral comments received.
458	458	428 (j) The interstate commission shall, by majority vote of all administrators, take final
459	459	429action on the proposed rule and shall determine the effective date of the rule, if any, based on the
460	460	430rulemaking record and the full text of the rule.
461	461	431 (k) Upon determination that an emergency exists, the interstate commission may consider
462	462	432and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided
463	463	433that the usual rulemaking procedures provided in this compact and in this section shall be
464	464	434retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days
465	465	435after the effective date of the rule. For the purposes of this provision, an emergency rule is one
466	466	436that must be adopted immediately in order to:
467	467	437 (1) Meet an imminent threat to public health, safety or welfare;
468	468	438 (2) Prevent a loss of interstate commission or party state funds; or
469	469	439 (3) Meet a deadline for the promulgation of an administrative rule that is required by
470	470	440federal law or rule. 23 of 31
471	471	441 (l) The interstate commission may direct revisions to a previously adopted rule or
472	472	442amendment for purposes of correcting typographical errors, errors in format, errors in
473	473	443consistency or grammatical errors. Public notice of any revisions shall be posted on the website
474	474	444of the interstate commission. The revision shall be subject to challenge by any person for a
475	475	445period of thirty (30) days after posting. The revision may be challenged only on grounds that the
476	476	446revision results in a material change to a rule. A challenge shall be made in writing, and
477	477	447delivered to the interstate commission, prior to the end of the notice period. If no challenge is
478	478	448made, the revision will take effect without further action. If the revision is challenged, the
479	479	449revision may not take effect without the approval of the interstate commission.
480	480	450 Section 8.
481	481	451 (a) Oversight
482	482	452 (1) Each party state shall enforce this compact and take all actions necessary and
483	483	453appropriate to effectuate this compact’s purposes and intent.
484	484	454 (2) The interstate commission shall be entitled to receive service of process in any
485	485	455proceeding that may affect the powers, responsibilities or actions of the interstate commission,
486	486	456and shall have standing to intervene in such a proceeding for all purposes. Failure to provide
487	487	457service of process in such proceeding to the interstate commission shall render a judgment or
488	488	458order void as to the interstate commission, this compact or promulgated rules.
489	489	459 (b) Default, Technical Assistance and Termination 24 of 31
490	490	460 (1) If the interstate commission determines that a party state has defaulted in the
491	491	461performance of its obligations or responsibilities under this compact or the promulgated rules,
492	492	462the interstate commission shall:
493	493	463 (i) Provide written notice to the defaulting state and other party states of the nature of the
494	494	464default, the proposed means of curing the default or any other action to be taken by the interstate
495	495	465commission; and
496	496	466 (ii) Provide remedial training and specific technical assistance regarding the default.
497	497	467 (2) If a state in default fails to cure the default, the defaulting state’s membership in this
498	498	468compact may be terminated upon an affirmative vote of a majority of the administrators, and all
499	499	469rights, privileges and benefits conferred by this compact may be terminated on the effective date
500	500	470of termination. A cure of the default does not relieve the offending state of obligations or
501	501	471liabilities incurred during the period of default.
502	502	472 (3) Termination of membership in this compact shall be imposed only after all other
503	503	473means of securing compliance have been exhausted. Notice of intent to suspend or terminate
504	504	474shall be given by the interstate commission to the governor of the defaulting state and to the
505	505	475executive officer of the defaulting state’s licensing board and each of the party states.
506	506	476 (4) A state whose membership in this compact has been terminated is responsible for all
507	507	477assessments, obligations and liabilities incurred through the effective date of termination,
508	508	478including obligations that extend beyond the effective date of termination. 25 of 31
509	509	479 (5) The interstate commission shall not bear any costs related to a state that is found to be
510	510	480in default or whose membership in this compact has been terminated unless agreed upon in
511	511	481writing between the interstate commission and the defaulting state.
512	512	482 (6) The defaulting state may appeal the action of the interstate commission by petitioning
513	513	483the U.S. District Court for the District of Columbia or the federal district in which the interstate
514	514	484commission has its principal offices. The prevailing party shall be awarded all costs of such
515	515	485litigation, including reasonable attorneys’ fees.
516	516	486 (c) Dispute Resolution
517	517	487 (1) Upon request by a party state, the interstate commission shall attempt to resolve
518	518	488disputes related to the Compact that arise among party states and between party and non-party
519	519	489states.
520	520	490 (2) The interstate commission shall promulgate a rule providing for both mediation and
521	521	491binding dispute resolution for disputes, as appropriate.
522	522	492 (3) In the event the interstate commission cannot resolve disputes among party states
523	523	493arising under this compact:
524	524	494 (i) The party states may submit the issues in dispute to an arbitration panel, which will be
525	525	495comprised of individuals appointed by the compact administrator in each of the affected party
526	526	496states and an individual mutually agreed upon by the compact administrators of all the party
527	527	497states involved in the dispute.
528	528	498 (ii) The decision of a majority of the arbitrators shall be final and binding.
529	529	499 (d) Enforcement 26 of 31
530	530	500 (1) The interstate commission, in the reasonable exercise of its discretion, shall enforce
531	531	501the provisions and rules of this compact.
532	532	502 (2) By majority vote, the interstate commission may initiate legal action in the U.S.
533	533	503District Court for the District of Columbia or the federal district in which the interstate
534	534	504commission has its principal offices against a party state that is in default to enforce compliance
535	535	505with the provisions of this compact and its promulgated rules and bylaws. The relief sought may
536	536	506include both injunctive relief and damages. In the event judicial enforcement is necessary, the
537	537	507prevailing party shall be awarded all costs of such litigation, including reasonable attorneys’
538	538	508fees.
539	539	509 (3) The remedies herein shall not be the exclusive remedies of the interstate commission.
540	540	510The interstate commission may pursue any other remedies available under federal or state law.
541	541	511 Section 9.
542	542	512 (a) This compact shall become effective and binding on the earlier of the date of
543	543	513legislative enactment of this compact into law by no less than twenty-six (26) states or December
544	544	51431, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure
545	545	515Compact, superseded by this compact, (“prior compact”), shall be deemed to have withdrawn
546	546	516from said prior compact within 6 months after the effective date of this compact.
547	547	517 (b) Each party state to this compact shall continue to recognize a nurse’s multistate
548	548	518licensure privilege to practice in that party state issued under the prior compact until such party
549	549	519state has withdrawn from the prior compact. 27 of 31
550	550	520 (c) Any party state may withdraw from this compact by enacting a statute repealing the
551	551	521same. A party state’s withdrawal shall not take effect until 6 months after enactment of the
552	552	522repealing statute.
553	553	523 (d) A party state’s withdrawal or termination shall not affect the continuing requirement
554	554	524of the withdrawing or terminated state’s licensing board to report adverse actions and significant
555	555	525investigations occurring prior to the effective date of such withdrawal or termination.
556	556	526 (e) Nothing contained in this compact shall be construed to invalidate or prevent any
557	557	527nurse licensure agreement or other cooperative arrangement between a party state and a non-
558	558	528party state that is made in accordance with the other provisions of this compact.
559	559	529 (f) This compact may be amended by the party states. No amendment to this compact
560	560	530shall become effective and binding upon the party states unless and until it is enacted into the
561	561	531laws of all party states.
562	562	532 (g) Representatives of non-party states to this compact shall be invited to participate in
563	563	533the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this
564	564	534compact by all states.
565	565	535 Section 10.
566	566	536 This compact shall be liberally construed so as to effectuate the purposes thereof. The
567	567	537provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of
568	568	538this compact is declared to be contrary to the constitution of any party state or of the United
569	569	539States, or if the applicability thereof to any government, agency, person or circumstance is held
570	570	540invalid, the validity of the remainder of this compact and the applicability thereof to any 28 of 31
571	571	541government, agency, person or circumstance shall not be affected thereby. If this compact shall
572	572	542be held to be contrary to the constitution of any party state, this compact shall remain in full
573	573	543force and effect as to the remaining party states and in full force and effect as to the party state
574	574	544affected as to all severable matters.
575	575	545 Section 11. The executive director of the board of registration in nursing, or the board
576	576	546executive director’s designee, shall be the administrator of the Nurse Licensure Compact for the
577	577	547commonwealth.
578	578	548 Section 12. The board of registration in nursing shall adopt regulations in the same
579	579	549manner as all other with states legally joining in the compact and may adopt additional
580	580	550regulations as necessary to implement the provisions of this chapter.
581	581	551 Section 13. The board of registration in nursing may recover from a nurse the costs of
582	582	552investigation and disposition of cases resulting in any adverse disciplinary action taken against
583	583	553that nurse’s license or privilege to practice. Funds collected pursuant to this section shall be
584	584	554deposited in the Quality in Health Professions Trust Fund established pursuant to section 35X of
585	585	555chapter 10.
586	586	556 Section 14. The board of registration in nursing may take disciplinary action against the
587	587	557practice privilege of a registered nurse or of a licensed practical or vocational nurse practicing in
588	588	558the commonwealth under a license issued by party state. The board’s disciplinary action may be
589	589	559based on disciplinary action against the nurse’s license taken by the nurse’s home state.
590	590	560 Section 15. In reporting information to the coordinated licensure information system
591	591	561under section 8 of this chapter related to the Nurse Licensure Compact, the board of registration 29 of 31
592	592	562in nursing may disclose personally identifiable information about the nurse, including social
593	593	563security number.
594	594	564 Section 16. Nothing in this chapter, nor the entrance of the commonwealth into the Nurse
595	595	565Licensure Compact shall be construed to supersede existing labor laws.
596	596	566 Section 17. The commonwealth, its officers and employees, and the board of registration
597	597	567in nursing and its agents who act in accordance with the provisions of this chapter shall not be
598	598	568liable on account of any act or omission in good faith while engaged in the performance of their
599	599	569duties under this chapter. Good faith shall not include willful misconduct, gross negligence, or
600	600	570recklessness.
601	601	571 Section 18. As part of the licensure and background check process for a multistate license
602	602	572and to determine the suitability of an applicant for multistate licensure, the board of registration
603	603	573in nursing, prior to issuing any multistate license, shall conduct a fingerprint-based check of the
604	604	574state and national criminal history databases, as authorized by 28 CFR 20.33 and Public Law 92-
605	605	575544.
606	606	576 Fingerprints shall be submitted to the identification section of the department of state
607	607	577police for a state criminal history check and forwarded to the Federal Bureau of Investigation for
608	608	578a national criminal history check, according to the policies and procedures established by the
609	609	579state identification section and by the department of criminal justice information services.
610	610	580Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state
611	611	581identification section and the department of criminal justice information services for requests
612	612	582submitted by the board of registration in nursing as authorized under this section to ensure the
613	613	583continued suitability of these individuals for licensure. The department of criminal justice 30 of 31
614	614	584information services may disseminate the results of the state and national criminal background
615	615	585checks to the executive director of the board of registration in nursing and authorized staff of the
616	616	586board.
617	617	587 All applicants shall pay a fee to be established by the secretary of administration and
618	618	588finance, in consultation with the secretary of public safety, to offset the costs of operating and
619	619	589administering a fingerprint-based criminal background check system. The secretary of
620	620	590administration and finance, in consultation with the secretary of public safety, may increase the
621	621	591fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check
622	622	592service fee. Any fees collected from fingerprinting activity under this chapter shall be deposited
623	623	593into the Fingerprint-Based Background Check Trust Fund, established in section 2HHHH of
624	624	594chapter 29.
625	625	595 The board of registration in nursing may receive all criminal offender record information
626	626	596and the results of checks of state and national criminal history databases under said Public Law
627	627	59792-544. When the board of registration in nursing obtains the results of checks of state and
628	628	598national criminal history databases, it shall treat the information according to sections 167 to
629	629	599178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record
630	630	600information.
631	631	601 Notwithstanding subsections 9 and 9 1/2 of section 4 of chapter 151B, if the board of
632	632	602registration in nursing receives criminal record information from the state or national fingerprint-
633	633	603based criminal background checks that includes no disposition or is otherwise incomplete, the
634	634	604agency head may request that an applicant for licensure provide additional information regarding 31 of 31
635	635	605the results of the criminal background checks to assist the agency head in determining the
636	636	606applicant’s suitability for licensure.
637	637	607 SECTION 4. Notwithstanding any general or special law to the contrary, the secretary of
638	638	608administration and finance, following a public hearing, shall increase the fee for obtaining or
639	639	609renewing a license, certificate, registration, permit or authority issued by a board within the
640	640	610department of public health, excluding the board of registration in medicine, as necessary to
641	641	611implement the provisions of chapter 112A of the General Laws. The amount of the increase in
642	642	612fees shall be deposited in the Quality in Health Professions Trust Fund established in section
643	643	61335X of chapter 10.