Texas 2017 - 85th Regular

Texas House Bill HB4116 Compare Versions

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1	1	By: Klick H.B. No. 4116
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to an interstate compact regulating nurses.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 304, Occupations Code, is amended by
9	9	adding Section 304.0015 to read as follows:
10	10	Sec. 304.0015. NURSE LICENSURE COMPACT. The Nurse
11	11	Licensure Compact is enacted and entered into with all other
12	12	jurisdictions that legally join in the compact, which reads as
13	13	follows:
14	14	NURSE LICENSURE COMPACT
15	15	ARTICLE I. FINDINGS AND DECLARATION OF PURPOSE
16	16	(a) The party states find that:
17	17	(1) the health and safety of the public are affected by
18	18	the degree of compliance with and the effectiveness of enforcement
19	19	activities related to state nurse licensure laws;
20	20	(2) violations of nurse licensure and other laws
21	21	regulating the practice of nursing may result in injury or harm to
22	22	the public;
23	23	(3) the expanded mobility of nurses and the use of
24	24	advanced communication technologies as part of our nation's health
25	25	care delivery system require greater coordination and cooperation
26	26	among states in the areas of nurse licensure and regulation;
27	27	(4) new practice modalities and technology make
28	28	compliance with individual state nurse licensure laws difficult and
29	29	complex;
30	30	(5) the current system of duplicative licensure for
31	31	nurses practicing in multiple states is cumbersome and redundant
32	32	for both nurses and states; and
33	33	(6) uniformity of nurse licensure requirements
34	34	throughout the states promotes public safety and public health
35	35	benefits.
36	36	(b) The general purposes of this compact are to:
37	37	(1) facilitate the states' responsibility to protect
38	38	the public's health and safety;
39	39	(2) ensure and encourage the cooperation of party
40	40	states in the areas of nurse licensure and regulation;
41	41	(3) facilitate the exchange of information between
42	42	party states in the areas of nurse regulation, investigation, and
43	43	adverse actions;
44	44	(4) promote compliance with the laws governing the
45	45	practice of nursing in each jurisdiction;
46	46	(5) invest all party states with the authority to hold
47	47	a nurse accountable for meeting all state practice laws in the state
48	48	in which the patient is located at the time care is rendered through
49	49	the mutual recognition of party state licenses;
50	50	(6) decrease redundancies in the consideration and
51	51	issuance of nurse licenses; and
52	52	(7) provide opportunities for interstate practice by
53	53	nurses who meet uniform licensure requirements.
54	54	ARTICLE II. DEFINITIONS
55	55	As used in this compact:
56	56	(a) "Adverse action" means any administrative, civil,
57	57	equitable, or criminal action permitted by a state's laws that is
58	58	imposed by a licensing board or other authority against a nurse,
59	59	including actions against an individual's license or multistate
60	60	licensure privilege such as revocation, suspension, probation,
61	61	monitoring of the licensee, limitation on the licensee's practice,
62	62	or any other encumbrance on licensure affecting a nurse's
63	63	authorization to practice, including issuance of a cease and desist
64	64	action.
65	65	(b) "Alternative program" means a nondisciplinary
66	66	monitoring program approved by a licensing board.
67	67	(c) "Coordinated licensure information system" means an
68	68	integrated process for collecting, storing, and sharing
69	69	information on nurse licensure and enforcement activities related
70	70	to nurse licensure laws that is administered by a nonprofit
71	71	organization composed of and controlled by licensing boards.
72	72	(d) "Current significant investigative information" means:
73	73	(1) investigative information that a licensing board,
74	74	after a preliminary inquiry that includes notification and an
75	75	opportunity for the nurse to respond, if required by state law, has
76	76	reason to believe is not groundless and, if proven true, would
77	77	indicate more than a minor infraction; or
78	78	(2) investigative information that indicates that the
79	79	nurse represents an immediate threat to public health and safety
80	80	regardless of whether the nurse has been notified and had an
81	81	opportunity to respond.
82	82	(e) "Encumbrance" means a revocation or suspension of, or
83	83	any limitation on, the full and unrestricted practice of nursing
84	84	imposed by a licensing board.
85	85	(f) "Home state" means the party state which is the nurse's
86	86	primary state of residence.
87	87	(g) "Licensing board" means a party state's regulatory body
88	88	responsible for issuing nurse licenses.
89	89	(h) "Multistate license" means a license to practice as a
90	90	registered or a licensed practical/vocational nurse (LPN/VN)
91	91	issued by a home state licensing board that authorizes the licensed
92	92	nurse to practice in all party states under a multistate licensure
93	93	privilege.
94	94	(i) "Multistate licensure privilege" means a legal
95	95	authorization associated with a multistate license permitting the
96	96	practice of nursing as either a registered nurse (RN) or LPN/VN in a
97	97	remote state.
98	98	(j) "Nurse" means RN or LPN/VN, as those terms are defined
99	99	by each party state's practice laws.
100	100	(k) "Party state" means any state that has adopted this
101	101	compact.
102	102	(l) "Remote state" means a party state, other than the home
103	103	state.
104	104	(m) "Single-state license" means a nurse license issued by a
105	105	party state that authorizes practice only within the issuing state
106	106	and does not include a multistate licensure privilege to practice
107	107	in any other party state.
108	108	(n) "State" means a state, territory, or possession of the
109	109	United States and the District of Columbia.
110	110	(o) "State practice laws" means a party state's laws, rules,
111	111	and regulations that govern the practice of nursing, define the
112	112	scope of nursing practice, and create the methods and grounds for
113	113	imposing discipline. "State practice laws" do not include
114	114	requirements necessary to obtain and retain a license, except for
115	115	qualifications or requirements of the home state.
116	116	ARTICLE III. GENERAL PROVISIONS AND JURISDICTION
117	117	(a) A multistate license to practice registered or licensed
118	118	practical/vocational nursing issued by a home state to a resident
119	119	in that state will be recognized by each party state as authorizing
120	120	a nurse to practice as a registered nurse (RN) or as a licensed
121	121	practical/vocational nurse (LPN/VN), under a multistate licensure
122	122	privilege, in each party state.
123	123	(b) A state must implement procedures for considering the
124	124	criminal history records of applicants for initial multistate
125	125	license or licensure by endorsement. Such procedures shall include
126	126	the submission of fingerprints or other biometric-based
127	127	information by applicants for the purpose of obtaining an
128	128	applicant's criminal history record information from the Federal
129	129	Bureau of Investigation and the agency responsible for retaining
130	130	that state's criminal records.
131	131	(c) Each party state shall require the following for an
132	132	applicant to obtain or retain a multistate license in the home
133	133	state:
134	134	(1) meets the home state's qualifications for
135	135	licensure or renewal of licensure, as well as all other applicable
136	136	state laws;
137	137	(2)(i) has graduated or is eligible to graduate from a
138	138	licensing board-approved RN or LPN/VN prelicensure education
139	139	program; or
140	140	(ii) has graduated from a foreign RN or
141	141	LPN/VN prelicensure education program that (a) has been approved by
142	142	the authorized accrediting body in the applicable country and (b)
143	143	has been verified by an independent credentials review agency to be
144	144	comparable to a licensing board-approved prelicensure education
145	145	program;
146	146	(3) has, if a graduate of a foreign prelicensure
147	147	education program not taught in English or if English is not the
148	148	individual's native language, successfully passed an English
149	149	proficiency examination that includes the components of reading,
150	150	speaking, writing, and listening;
151	151	(4) has successfully passed an NCLEX-RN or NCLEX-PN
152	152	Examination or a recognized predecessor, as applicable;
153	153	(5) is eligible for or holds an active, unencumbered
154	154	license;
155	155	(6) has submitted, in connection with an application
156	156	for initial licensure or licensure by endorsement, fingerprints or
157	157	other biometric data for the purpose of obtaining criminal history
158	158	record information from the Federal Bureau of Investigation and the
159	159	agency responsible for retaining that state's criminal records;
160	160	(7) has not been convicted or found guilty, or has
161	161	entered into an agreed disposition, of a felony offense under
162	162	applicable state or federal criminal law;
163	163	(8) has not been convicted or found guilty, or has
164	164	entered into an agreed disposition, of a misdemeanor offense
165	165	related to the practice of nursing as determined on a case-by-case
166	166	basis;
167	167	(9) is not currently enrolled in an alternative
168	168	program;
169	169	(10) is subject to self-disclosure requirements
170	170	regarding current participation in an alternative program; and
171	171	(11) has a valid United States social security number.
172	172	(d) All party states shall be authorized, in accordance with
173	173	existing state due process law, to take adverse action against a
174	174	nurse's multistate licensure privilege such as revocation,
175	175	suspension, probation, or any other action that affects a nurse's
176	176	authorization to practice under a multistate licensure privilege,
177	177	including cease and desist actions. If a party state takes such
178	178	action, it shall promptly notify the administrator of the
179	179	coordinated licensure information system. The administrator of the
180	180	coordinated licensure information system shall promptly notify the
181	181	home state of any such actions by remote states.
182	182	(e) A nurse practicing in a party state must comply with the
183	183	state practice laws of the state in which the client is located at
184	184	the time service is provided. The practice of nursing is not
185	185	limited to patient care, but shall include all nursing practice as
186	186	defined by the state practice laws of the party state in which the
187	187	client is located. The practice of nursing in a party state under a
188	188	multistate licensure privilege will subject a nurse to the
189	189	jurisdiction of the licensing board, the courts, and the laws of the
190	190	party state in which the client is located at the time service is
191	191	provided.
192	192	(f) Individuals not residing in a party state shall continue
193	193	to be able to apply for a party state's single-state license as
194	194	provided under the laws of each party state. However, the
195	195	single-state license granted to these individuals will not be
196	196	recognized as granting the privilege to practice nursing in any
197	197	other party state. Nothing in this compact shall affect the
198	198	requirements established by a party state for the issuance of a
199	199	single-state license.
200	200	(g) Any nurse holding a home state multistate license, on
201	201	the effective date of this compact, may retain and renew the
202	202	multistate license issued by the nurse's then-current home state,
203	203	provided that:
204	204	(1) a nurse, who changes primary state of residence
205	205	after this compact's effective date, must meet all applicable
206	206	Article III(c) requirements to obtain a multistate license from the
207	207	new home state; or
208	208	(2) a nurse who fails to satisfy the multistate
209	209	licensure requirements in Article III(c) due to a disqualifying
210	210	event occurring after this compact's effective date shall be
211	211	ineligible to retain or renew a multistate license, and the nurse's
212	212	multistate license shall be revoked or deactivated in accordance
213	213	with applicable rules adopted by the Interstate Commission of Nurse
214	214	Licensure Compact Administrators ("commission").
215	215	ARTICLE IV. APPLICATIONS FOR LICENSURE IN A PARTY STATE
216	216	(a) Upon application for a multistate license, the
217	217	licensing board in the issuing party state shall ascertain, through
218	218	the coordinated licensure information system, whether the
219	219	applicant has ever held, or is the holder of, a license issued by
220	220	any other state, whether there are any encumbrances on any license
221	221	or multistate licensure privilege held by the applicant, whether
222	222	any adverse action has been taken against any license or multistate
223	223	licensure privilege held by the applicant, and whether the
224	224	applicant is currently participating in an alternative program.
225	225	(b) A nurse may hold a multistate license, issued by the
226	226	home state, in only one party state at a time.
227	227	(c) If a nurse changes primary state of residence by moving
228	228	between two party states, the nurse must apply for licensure in the
229	229	new home state, and the multistate license issued by the prior home
230	230	state will be deactivated in accordance with applicable rules
231	231	adopted by the commission.
232	232	(1) The nurse may apply for licensure in advance of a
233	233	change in primary state of residence.
234	234	(2) A multistate license shall not be issued by the new
235	235	home state until the nurse provides satisfactory evidence of a
236	236	change in primary state of residence to the new home state and
237	237	satisfies all applicable requirements to obtain a multistate
238	238	license from the new home state.
239	239	(d) If a nurse changes primary state of residence by moving
240	240	from a party state to a nonparty state, the multistate license
241	241	issued by the prior home state will convert to a single-state
242	242	license, valid only in the former home state.
243	243	ARTICLE V. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE
244	244	LICENSING BOARDS
245	245	(a) In addition to the other powers conferred by state law,
246	246	a licensing board shall have the authority to:
247	247	(1) take adverse action against a nurse's multistate
248	248	licensure privilege to practice within that party state.
249	249	(i) Only the home state shall have the power to
250	250	take adverse action against a nurse's license issued by the home
251	251	state.
252	252	(ii) For purposes of taking adverse action, the
253	253	home state licensing board shall give the same priority and effect
254	254	to reported conduct received from a remote state as it would if such
255	255	conduct had occurred within the home state. In so doing, the home
256	256	state shall apply its own state laws to determine appropriate
257	257	action.
258	258	(2) issue cease and desist orders or impose an
259	259	encumbrance on a nurse's authority to practice within that party
260	260	state.
261	261	(3) complete any pending investigation of a nurse who
262	262	changes primary state of residence during the course of such
263	263	investigation. The licensing board shall also have the authority
264	264	to take appropriate action(s) and shall promptly report the
265	265	conclusions of such investigations to the administrator of the
266	266	coordinated licensure information system. The administrator of the
267	267	coordinated licensure information system shall promptly notify the
268	268	new home state of any such actions.
269	269	(4) issue subpoenas for both hearings and
270	270	investigations that require the attendance and testimony of a
271	271	witness, as well as the production of evidence. Subpoenas issued by
272	272	a licensing board in a party state for the attendance and testimony
273	273	of witnesses or the production of evidence from another party state
274	274	shall be enforced in the latter state by any court of competent
275	275	jurisdiction, according to the practice and procedures of that
276	276	court applicable to subpoenas issued in proceedings pending before
277	277	it. The issuing authority shall pay any witness fees, travel
278	278	expenses, mileage, and other fees required by the service statutes
279	279	of the state in which the witnesses or evidence are located.
280	280	(5) obtain and submit, for each nurse licensure
281	281	applicant, fingerprint or other biometric-based information to the
282	282	Federal Bureau of Investigation for criminal background checks,
283	283	receive the results of the Federal Bureau of Investigation record
284	284	search on criminal background checks, and use the results in making
285	285	licensure decisions.
286	286	(6) if otherwise permitted by state law, recover from
287	287	the affected nurse the costs of investigations and disposition of
288	288	cases resulting from any adverse action taken against that nurse.
289	289	(7) take adverse action based on the factual findings
290	290	of the remote state, provided that the licensing board follows its
291	291	own procedures for taking such adverse action.
292	292	(b) If adverse action is taken by the home state against a
293	293	nurse's multistate license, the nurse's multistate licensure
294	294	privilege to practice in all other party states shall be
295	295	deactivated until all encumbrances have been removed from the
296	296	multistate license. All home state disciplinary orders that impose
297	297	adverse action against a nurse's multistate license shall include a
298	298	statement that the nurse's multistate licensure privilege is
299	299	deactivated in all party states during the pendency of the order.
300	300	(c) Nothing in this compact shall override a party state's
301	301	decision that participation in an alternative program may be used
302	302	in lieu of adverse action. The home state licensing board shall
303	303	deactivate the multistate licensure privilege under the multistate
304	304	license of any nurse for the duration of the nurse's participation
305	305	in an alternative program.
306	306	ARTICLE VI. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
307	307	OF INFORMATION
308	308	(a) All party states shall participate in a coordinated
309	309	licensure information system of all licensed registered nurses
310	310	(RNs) and licensed practical/vocational nurses (LPNs/VNs). This
311	311	system will include information on the licensure and disciplinary
312	312	history of each nurse, as submitted by party states, to assist in
313	313	the coordination of nurse licensure and enforcement efforts.
314	314	(b) The commission, in consultation with the administrator
315	315	of the coordinated licensure information system, shall formulate
316	316	necessary and proper procedures for the identification,
317	317	collection, and exchange of information under this compact.
318	318	(c) All licensing boards shall promptly report to the
319	319	coordinated licensure information system any adverse action, any
320	320	current significant investigative information, denials of
321	321	applications (with the reasons for such denials), and nurse
322	322	participation in alternative programs known to the licensing board
323	323	regardless of whether such participation is deemed nonpublic or
324	324	confidential under state law.
325	325	(d) Current significant investigative information and
326	326	participation in nonpublic or confidential alternative programs
327	327	shall be transmitted through the coordinated licensure information
328	328	system only to party state licensing boards.
329	329	(e) Notwithstanding any other provision of law, all party
330	330	state licensing boards contributing information to the coordinated
331	331	licensure information system may designate information that may not
332	332	be shared with nonparty states or disclosed to other entities or
333	333	individuals without the express permission of the contributing
334	334	state.
335	335	(f) Any personally identifiable information obtained from
336	336	the coordinated licensure information system by a party state
337	337	licensing board shall not be shared with nonparty states or
338	338	disclosed to other entities or individuals except to the extent
339	339	permitted by the laws of the party state contributing the
340	340	information.
341	341	(g) Any information contributed to the coordinated
342	342	licensure information system that is subsequently required to be
343	343	expunged by the laws of the party state contributing that
344	344	information shall also be expunged from the coordinated licensure
345	345	information system.
346	346	(h) The compact administrator of each party state shall
347	347	furnish a uniform data set to the compact administrator of each
348	348	other party state, which shall include, at a minimum:
349	349	(1) identifying information;
350	350	(2) licensure data;
351	351	(3) information related to alternative program
352	352	participation; and
353	353	(4) other information that may facilitate the
354	354	administration of this compact, as determined by commission rules.
355	355	(i) The compact administrator of a party state shall provide
356	356	all investigative documents and information requested by another
357	357	party state.
358	358	ARTICLE VII. ESTABLISHMENT OF INTERSTATE COMMISSION OF NURSE
359	359	LICENSURE COMPACT ADMINISTRATORS
360	360	(a) The party states hereby create and establish a joint
361	361	public entity known as the Interstate Commission of Nurse Licensure
362	362	Compact Administrators.
363	363	(1) The commission is an instrumentality of the party
364	364	states.
365	365	(2) Venue is proper and judicial proceedings by or
366	366	against the commission shall be brought solely and exclusively in a
367	367	court of competent jurisdiction where the principal office of the
368	368	commission is located. The commission may waive venue and
369	369	jurisdictional defenses to the extent it adopts or consents to
370	370	participate in alternative dispute resolution proceedings.
371	371	(3) Nothing in this compact shall be construed to be a
372	372	waiver of sovereign immunity.
373	373	(b) Membership, Voting, and Meetings
374	374	(1) Each party state shall have and be limited to one
375	375	administrator. The head of the state licensing board or a designee
376	376	shall be the administrator of this compact for each party state.
377	377	Any administrator may be removed or suspended from office as
378	378	provided by the law of the state from which the administrator is
379	379	appointed. Any vacancy occurring in the commission shall be filled
380	380	in accordance with the laws of the party state in which the vacancy
381	381	exists.
382	382	(2) Each administrator shall be entitled to one (1)
383	383	vote with regard to the promulgation of rules and the creation of
384	384	bylaws and shall otherwise have an opportunity to participate in
385	385	the business and affairs of the commission. An administrator shall
386	386	vote in person or by such other means as provided in the bylaws. The
387	387	bylaws may provide for an administrator's participation in meetings
388	388	by telephone or other means of communication.
389	389	(3) The commission shall meet at least once during
390	390	each calendar year. Additional meetings shall be held as set forth
391	391	in the bylaws or rules of the commission.
392	392	(4) All meetings shall be open to the public, and
393	393	public notice of meetings shall be given in the same manner as
394	394	required under the rulemaking provisions in Article VIII.
395	395	(5) The commission may convene in a closed, nonpublic
396	396	meeting if the commission must discuss:
397	397	(i) noncompliance of a party state with its
398	398	obligations under this compact;
399	399	(ii) the employment, compensation, discipline,
400	400	or other personnel matters, practices, or procedures related to
401	401	specific employees or other matters related to the commission's
402	402	internal personnel practices and procedures;
403	403	(iii) current, threatened, or reasonably
404	404	anticipated litigation;
405	405	(iv) negotiation of contracts for the purchase or
406	406	sale of goods, services, or real estate;
407	407	(v) accusing any person of a crime or formally
408	408	censuring any person;
409	409	(vi) disclosure of trade secrets or commercial or
410	410	financial information that is privileged or confidential;
411	411	(vii) disclosure of information of a personal
412	412	nature where disclosure would constitute a clearly unwarranted
413	413	invasion of personal privacy;
414	414	(viii) disclosure of investigatory records
415	415	compiled for law enforcement purposes;
416	416	(ix) disclosure of information related to any
417	417	reports prepared by or on behalf of the commission for the purpose
418	418	of investigation of compliance with this compact; or
419	419	(x) matters specifically exempted from
420	420	disclosure by federal or state statute.
421	421	(6) If a meeting or portion of a meeting is closed
422	422	pursuant to this provision, the commission's legal counsel or
423	423	designee shall certify that the meeting may be closed and shall
424	424	reference each relevant exempting provision. The commission shall
425	425	keep minutes that fully and clearly describe all matters discussed
426	426	in a meeting and shall provide a full and accurate summary of
427	427	actions taken, and the reasons therefor, including a description of
428	428	the views expressed. All documents considered in connection with
429	429	an action shall be identified in such minutes. All minutes and
430	430	documents of a closed meeting shall remain under seal, subject to
431	431	release by a majority vote of the commission or order of a court of
432	432	competent jurisdiction.
433	433	(c) The commission shall, by a majority vote of the
434	434	administrators, prescribe bylaws or rules to govern its conduct as
435	435	may be necessary or appropriate to carry out the purposes and
436	436	exercise the powers of this compact, including but not limited to:
437	437	(1) establishing the fiscal year of the commission;
438	438	(2) providing reasonable standards and procedures:
439	439	(i) for the establishment and meeting of other
440	440	committees; and
441	441	(ii) governing any general or specific
442	442	delegation of any authority or function of the commission;
443	443	(3) providing reasonable procedures for calling and
444	444	conducting meetings of the commission, ensuring reasonable advance
445	445	notice of all meetings, and providing an opportunity for attendance
446	446	of such meetings by interested parties, with enumerated exceptions
447	447	designed to protect the public's interest, the privacy of
448	448	individuals, and proprietary information, including trade secrets.
449	449	The commission may meet in closed session only after a majority of
450	450	the administrators vote to close a meeting in whole or in part. As
451	451	soon as practicable, the commission must make public a copy of the
452	452	vote to close the meeting revealing the vote of each administrator,
453	453	with no proxy votes allowed;
454	454	(4) establishing the titles, duties and authority, and
455	455	reasonable procedures for the election of the officers of the
456	456	commission;
457	457	(5) providing reasonable standards and procedures for
458	458	the establishment of the personnel policies and programs of the
459	459	commission. Notwithstanding any civil service or other similar
460	460	laws of any party state, the bylaws shall exclusively govern the
461	461	personnel policies and programs of the commission; and
462	462	(6) providing a mechanism for winding up the
463	463	operations of the commission and the equitable disposition of any
464	464	surplus funds that may exist after the termination of this compact
465	465	after the payment or reserving of all of its debts and obligations.
466	466	(d) The commission shall publish its bylaws and rules, and
467	467	any amendments thereto, in a convenient form on the website of the
468	468	commission.
469	469	(e) The commission shall maintain its financial records in
470	470	accordance with the bylaws.
471	471	(f) The commission shall meet and take such actions as are
472	472	consistent with the provisions of this compact and the bylaws.
473	473	(g) The commission shall have the following powers:
474	474	(1) to promulgate uniform rules to facilitate and
475	475	coordinate implementation and administration of this compact. The
476	476	rules shall have the force and effect of law and shall be binding in
477	477	all party states;
478	478	(2) to bring and prosecute legal proceedings or
479	479	actions in the name of the commission, provided that the standing of
480	480	any licensing board to sue or be sued under applicable law shall not
481	481	be affected;
482	482	(3) to purchase and maintain insurance and bonds;
483	483	(4) to borrow, accept, or contract for services of
484	484	personnel, including, but not limited to, employees of a party
485	485	state or nonprofit organizations;
486	486	(5) to cooperate with other organizations that
487	487	administer state compacts related to the regulation of nursing,
488	488	including, but not limited to, sharing administrative or staff
489	489	expenses, office space, or other resources;
490	490	(6) to hire employees, elect or appoint officers, fix
491	491	compensation, define duties, grant such individuals appropriate
492	492	authority to carry out the purposes of this compact, and to
493	493	establish the commission's personnel policies and programs
494	494	relating to conflicts of interest, qualifications of personnel, and
495	495	other related personnel matters;
496	496	(7) to accept any and all appropriate donations,
497	497	grants, and gifts of money, equipment, supplies, materials, and
498	498	services, and to receive, utilize, and dispose of the same;
499	499	provided that at all times the commission shall avoid any
500	500	appearance of impropriety or conflict of interest;
501	501	(8) to lease, purchase, accept appropriate gifts or
502	502	donations of, or otherwise to own, hold, improve, or use, any
503	503	property, whether real, personal, or mixed; provided that at all
504	504	times the commission shall avoid any appearance of impropriety;
505	505	(9) to sell, convey, mortgage, pledge, lease,
506	506	exchange, abandon, or otherwise dispose of any property, whether
507	507	real, personal, or mixed;
508	508	(10) to establish a budget and make expenditures;
509	509	(11) to borrow money;
510	510	(12) to appoint committees, including advisory
511	511	committees comprised of administrators, state nursing regulators,
512	512	state legislators or their representatives, consumer
513	513	representatives, and other such interested persons;
514	514	(13) to provide and receive information from, and to
515	515	cooperate with, law enforcement agencies;
516	516	(14) to adopt and use an official seal; and
517	517	(15) to perform such other functions as may be
518	518	necessary or appropriate to achieve the purposes of this compact
519	519	consistent with the state regulation of nurse licensure and
520	520	practice.
521	521	(h) Financing of the Commission
522	522	(1) The commission shall pay, or provide for the
523	523	payment of, the reasonable expenses of its establishment,
524	524	organization, and ongoing activities.
525	525	(2) The commission may also levy on and collect an
526	526	annual assessment from each party state to cover the cost of its
527	527	operations, activities, and staff in its annual budget as approved
528	528	each year. The aggregate annual assessment amount, if any, shall be
529	529	allocated based upon a formula to be determined by the commission,
530	530	which shall promulgate a rule that is binding upon all party states.
531	531	(3) The commission shall not incur an obligation of
532	532	any kind prior to securing the funds adequate to meet the same; nor
533	533	shall the commission pledge the credit of any of the party states,
534	534	except by and with the authority of such party state.
535	535	(4) The commission shall keep accurate accounts of all
536	536	receipts and disbursements. The receipts and disbursements of the
537	537	commission shall be subject to the audit and accounting procedures
538	538	established under its bylaws. However, all receipts and
539	539	disbursements of funds handled by the commission shall be audited
540	540	yearly by a certified or licensed public accountant, and the report
541	541	of the audit shall be included in and become part of the annual
542	542	report of the commission.
543	543	(i) Qualified Immunity, Defense, and Indemnification
544	544	(1) The compact administrators, officers, executive
545	545	directors, employees, and representatives of the commission shall
546	546	be immune from suit and liability, either personally or in their
547	547	official capacity, for any claim for damage to or loss of property,
548	548	or personal injury or other civil liability caused by or arising out
549	549	of any actual or alleged act, error, or omission that occurred, or
550	550	that the person against whom the claim is made had a reasonable
551	551	basis for believing occurred, within the scope of commission
552	552	employment, duties, or responsibilities; provided that nothing in
553	553	this subdivision shall be construed to protect any such person from
554	554	suit or liability for any damages, loss, injury, or liability
555	555	caused by the intentional, wilful, or wanton misconduct of that
556	556	person.
557	557	(2) The commission shall defend any administrator,
558	558	officer, executive director, employee, or representative of the
559	559	commission in any civil action seeking to impose liability arising
560	560	out of any actual or alleged act, error, or omission that occurred
561	561	within the scope of commission employment, duties, or
562	562	responsibilities, or that the person against whom the claim is made
563	563	had a reasonable basis for believing occurred within the scope of
564	564	commission employment, duties, or responsibilities; provided that
565	565	nothing herein shall be construed to prohibit that person from
566	566	retaining his or her own counsel; and provided further that the
567	567	actual or alleged act, error, or omission did not result from that
568	568	person's intentional, wilful, or wanton misconduct.
569	569	(3) The commission shall indemnify and hold harmless
570	570	any administrator, officer, executive director, employee, or
571	571	representative of the commission for the amount of any settlement
572	572	or judgment obtained against that person arising out of any actual
573	573	or alleged act, error, or omission that occurred within the scope of
574	574	commission employment, duties, or responsibilities, or that such
575	575	person had a reasonable basis for believing occurred within the
576	576	scope of commission employment, duties, or responsibilities;
577	577	provided that the actual or alleged act, error, or omission did not
578	578	result from the intentional, wilful, or wanton misconduct of that
579	579	person.
580	580	ARTICLE VIII. RULEMAKING
581	581	(a) The commission shall exercise its rulemaking powers
582	582	pursuant to the criteria set forth in this article and the rules
583	583	adopted thereunder. Rules and amendments shall become binding as
584	584	of the date specified in each rule or amendment and shall have the
585	585	same force and effect as provisions of this compact.
586	586	(b) Rules or amendments to the rules shall be adopted at a
587	587	regular or special meeting of the commission.
588	588	(c) Prior to promulgation and adoption of a final rule or
589	589	rules by the commission, and at least sixty (60) days in advance of
590	590	the meeting at which the rule will be considered and voted upon, the
591	591	commission shall file a notice of proposed rulemaking:
592	592	(1) on the website of the commission; and
593	593	(2) on the website of each licensing board or the
594	594	publication in which each state would otherwise publish proposed
595	595	rules.
596	596	(d) The notice of proposed rulemaking shall include:
597	597	(1) the proposed time, date, and location of the
598	598	meeting in which the rule will be considered and voted upon;
599	599	(2) the text of the proposed rule or amendment, and the
600	600	reason for the proposed rule;
601	601	(3) a request for comments on the proposed rule from
602	602	any interested person; and
603	603	(4) the manner in which interested persons may submit
604	604	notice to the commission of their intention to attend the public
605	605	hearing and any written comments.
606	606	(e) Prior to adoption of a proposed rule, the commission
607	607	shall allow persons to submit written data, facts, opinions, and
608	608	arguments, which shall be made available to the public.
609	609	(f) The commission shall grant an opportunity for a public
610	610	hearing before it adopts a rule or amendment.
611	611	(g) The commission shall publish the place, time, and date
612	612	of the scheduled public hearing.
613	613	(1) Hearings shall be conducted in a manner providing
614	614	each person who wishes to comment a fair and reasonable opportunity
615	615	to comment orally or in writing. All hearings will be recorded, and
616	616	a copy will be made available upon request.
617	617	(2) Nothing in this section shall be construed as
618	618	requiring a separate hearing on each rule. Rules may be grouped for
619	619	the convenience of the commission at hearings required by this
620	620	section.
621	621	(h) If no one appears at the public hearing, the commission
622	622	may proceed with promulgation of the proposed rule.
623	623	(i) Following the scheduled hearing date, or by the close of
624	624	business on the scheduled hearing date if the hearing was not held,
625	625	the commission shall consider all written and oral comments
626	626	received.
627	627	(j) The commission shall, by majority vote of all
628	628	administrators, take final action on the proposed rule and shall
629	629	determine the effective date of the rule, if any, based on the
630	630	rulemaking record and the full text of the rule.
631	631	(k) Upon determination that an emergency exists, the
632	632	commission may consider and adopt an emergency rule without prior
633	633	notice, opportunity for comment, or hearing; provided that the
634	634	usual rulemaking procedures provided in this compact and in this
635	635	section shall be retroactively applied to the rule as soon as
636	636	reasonably possible, and in no event later than ninety (90) days
637	637	after the effective date of the rule. For the purposes of this
638	638	provision, an emergency rule is one that must be adopted
639	639	immediately in order to:
640	640	(1) meet an imminent threat to public health, safety,
641	641	or welfare;
642	642	(2) prevent a loss of commission or party state funds;
643	643	or
644	644	(3) meet a deadline for the promulgation of an
645	645	administrative rule that is required by federal law or rule.
646	646	(l) The commission may direct revisions to a previously
647	647	adopted rule or amendment for purposes of correcting typographical
648	648	errors, errors in format, errors in consistency, or grammatical
649	649	errors. Public notice of any revisions shall be posted on the
650	650	website of the commission. The revision shall be subject to
651	651	challenge by any person for a period of thirty (30) days after
652	652	posting. The revision may be challenged only on grounds that the
653	653	revision results in a material change to a rule. A challenge shall
654	654	be made in writing, and delivered to the commission, prior to the
655	655	end of the notice period. If no challenge is made, the revision
656	656	will take effect without further action. If the revision is
657	657	challenged, the revision may not take effect without the approval
658	658	of the commission.
659	659	ARTICLE IX. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
660	660	(a) Oversight
661	661	(1) Each party state shall enforce this compact and
662	662	take all actions necessary and appropriate to effectuate this
663	663	compact's purposes and intent.
664	664	(2) The commission shall be entitled to receive
665	665	service of process in any proceeding that may affect the powers,
666	666	responsibilities, or actions of the commission, and shall have
667	667	standing to intervene in such a proceeding for all purposes.
668	668	Failure to provide service of process in such proceeding to the
669	669	commission shall render a judgment or order void as to the
670	670	commission, this compact, or promulgated rules.
671	671	(b) Default, Technical Assistance, and Termination
672	672	(1) If the commission determines that a party state
673	673	has defaulted in the performance of its obligations or
674	674	responsibilities under this compact or the promulgated rules, the
675	675	commission shall:
676	676	(i) provide written notice to the defaulting
677	677	state and other party states of the nature of the default, the
678	678	proposed means of curing the default, or any other action to be
679	679	taken by the commission; and
680	680	(ii) provide remedial training and specific
681	681	technical assistance regarding the default.
682	682	(2) If a state in default fails to cure the default,
683	683	the defaulting state's membership in this compact may be terminated
684	684	upon an affirmative vote of a majority of the administrators, and
685	685	all rights, privileges, and benefits conferred by this compact may
686	686	be terminated on the effective date of termination. A cure of the
687	687	default does not relieve the offending state of obligations or
688	688	liabilities incurred during the period of default.
689	689	(3) Termination of membership in this compact shall be
690	690	imposed only after all other means of securing compliance have been
691	691	exhausted. Notice of intent to suspend or terminate shall be given
692	692	by the commission to the governor of the defaulting state and to the
693	693	executive officer of the defaulting state's licensing board and
694	694	each of the party states.
695	695	(4) A state whose membership in this compact has been
696	696	terminated is responsible for all assessments, obligations, and
697	697	liabilities incurred through the effective date of the termination,
698	698	including obligations that extend beyond the effective date of
699	699	termination.
700	700	(5) The commission shall not bear any costs related to
701	701	a state that is found to be in default or whose membership in this
702	702	compact has been terminated unless agreed upon in writing between
703	703	the commission and the defaulting state.
704	704	(6) The defaulting state may appeal the action of the
705	705	commission by petitioning the U.S. District Court for the District
706	706	of Columbia or the federal district in which the commission has its
707	707	principal offices. The prevailing party shall be awarded all costs
708	708	of such litigation, including reasonable attorneys' fees.
709	709	(c) Dispute Resolution
710	710	(1) Upon request by a party state, the commission
711	711	shall attempt to resolve disputes related to the compact that arise
712	712	among party states and between party and nonparty states.
713	713	(2) The commission shall promulgate a rule providing
714	714	for both mediation and binding dispute resolution for disputes, as
715	715	appropriate.
716	716	(3) In the event the commission cannot resolve
717	717	disputes among party states arising under this compact:
718	718	(i) the party states may submit the issues in
719	719	dispute to an arbitration panel, which will be comprised of
720	720	individuals appointed by the compact administrator in each of the
721	721	affected party states and an individual mutually agreed upon by the
722	722	compact administrators of all the party states involved in the
723	723	dispute; and
724	724	(ii) the decision of a majority of the
725	725	arbitrators shall be final and binding.
726	726	(d) Enforcement
727	727	(1) The commission, in the reasonable exercise of its
728	728	discretion, shall enforce the provisions and rules of this compact.
729	729	(2) By majority vote, the commission may initiate
730	730	legal action in the U.S. District Court for the District of Columbia
731	731	or in the federal district in which the commission has its principal
732	732	offices against a party state that is in default to enforce
733	733	compliance with the provisions of this compact and its promulgated
734	734	rules and bylaws. The relief sought may include both injunctive
735	735	relief and damages. In the event judicial enforcement is
736	736	necessary, the prevailing party shall be awarded all costs of such
737	737	litigation, including reasonable attorneys' fees.
738	738	(3) The remedies herein shall not be the exclusive
739	739	remedies of the commission. The commission may pursue any other
740	740	remedies available under federal or state law.
741	741	ARTICLE X. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENTS
742	742	(a) This compact shall become effective and binding on the
743	743	earlier of the date of legislative enactment of this compact into
744	744	law by no less than twenty-six (26) states or December 31, 2018.
745	745	All party states to this compact that also were parties to the prior
746	746	Nurse Licensure Compact, superseded by this compact ("prior
747	747	compact"), shall be deemed to have withdrawn from said prior
748	748	compact within six (6) months after the effective date of this
749	749	compact.
750	750	(b) Each party state to this compact shall continue to
751	751	recognize a nurse's multistate licensure privilege to practice in
752	752	that party state issued under the prior compact until the party
753	753	state has withdrawn from the prior compact.
754	754	(c) Any party state may withdraw from this compact by
755	755	enacting a statute repealing the same. A party state's withdrawal
756	756	shall not take effect until six (6) months after enactment of the
757	757	repealing statute.
758	758	(d) A party state's withdrawal or termination shall not
759	759	affect the continuing requirement of the withdrawing or terminated
760	760	state's licensing board to report adverse actions and significant
761	761	investigations occurring prior to the effective date of such
762	762	withdrawal or termination.
763	763	(e) Nothing contained in this compact shall be construed to
764	764	invalidate or prevent any nurse licensure agreement or other
765	765	cooperative arrangement between a party state and a nonparty state
766	766	that is made in accordance with the other provisions of this
767	767	compact.
768	768	(f) This compact may be amended by the party states. No
769	769	amendment to this compact shall become effective and binding upon
770	770	the party states unless and until it is enacted into the laws of all
771	771	party states.
772	772	(g) Representatives of nonparty states to this compact
773	773	shall be invited to participate in the activities of the
774	774	commission, on a nonvoting basis, prior to the adoption of this
775	775	compact by all states.
776	776	ARTICLE XI. CONSTRUCTION AND SEVERABILITY
777	777	This compact shall be liberally construed so as to effectuate
778	778	the purposes thereof. The provisions of this compact shall be
779	779	severable, and if any phrase, clause, sentence, or provision of
780	780	this compact is declared to be contrary to the constitution of any
781	781	party state or the United States, or if the applicability thereof to
782	782	any government, agency, person, or circumstance is held invalid,
783	783	the validity of the remainder of this compact and the applicability
784	784	thereof to any government, agency, person, or circumstance shall
785	785	not be affected thereby. If this compact shall be held to be
786	786	contrary to the constitution of any party state, this compact shall
787	787	remain in full force and effect as to the remaining party states and
788	788	in full force and effect as to the party state affected as to all
789	789	severable matters.
790	790	SECTION 2. Chapter 304, Occupations Code, is amended by
791	791	adding Section 304.0025 to read as follows:
792	792	Sec. 304.0025. RULES ADOPTED UNDER COMPACT. The Interstate
793	793	Commission of Nurse Licensure Compact Administrators established
794	794	under the Nurse Licensure Compact under Section 304.0015 may not
795	795	adopt rules that alter the requirements or scope of practice of a
796	796	license issued under Chapter 301. Any rule adopted by the
797	797	Interstate Commission of Nurse Licensure Compact Administrators
798	798	that purports to alter the requirements or scope of practice of a
799	799	license issued under Chapter 301 is not enforceable.
800	800	SECTION 3. Section 304.006(a), Occupations Code, is amended
801	801	to read as follows:
802	802	(a) On request and payment of a reasonable fee, the Texas
803	803	Board of Nursing shall provide a registered or vocational nurse
804	804	licensed by this state with a copy of information regarding the
805	805	nurse maintained by the coordinated licensure information system
806	806	under Article VI [7] of the Nurse Licensure Compact.
807	807	SECTION 4. Section 304.008(a), Occupations Code, is amended
808	808	to read as follows:
809	809	(a) In reporting information to the coordinated licensure
810	810	information system under Article VI [7] of the Nurse Licensure
811	811	Compact, the Texas Board of Nursing may disclose personally
812	812	identifiable information about the nurse, including the nurse's
813	813	social security number.
814	814	SECTION 5. Effective December 31, 2018, Sections 304.001
815	815	and 304.009, Occupations Code, are repealed.
816	816	SECTION 6. This Act takes effect September 1, 2017.