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