Chief Sponsor: Evan J. Vickers

House Sponsor: Raymond P. Ward


8     General Description:
9          This bill enacts a Nurse Licensure Compact that will replace the state's current Nurse
10     Licensure Compact if certain conditions are met.
11     Highlighted Provisions:
12          This bill:
13          ▸     establishes findings for the Nurse Licensure Compact;
14          ▸     defines terms;
15          ▸     creates general provisions and jurisdiction for the compact;
16          ▸     establishes a licensure process for party states;
17          ▸     invests authority in party state licensing boards;
18          ▸     coordinates licensure information systems and exchange of information;
19          ▸     establishes the Interstate Commission of Nurse Licensure Compact Administrators;
20          ▸     provides rulemaking to the commission;
21          ▸     provides oversight and dispute resolution; and
22          ▸     establishes an effective date for the compact.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     ENACTS:
29          58-31e-101, Utah Code Annotated 1953

30          58-31e-102, Utah Code Annotated 1953
31          58-31e-103, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 58-31e-101 is enacted to read:

36          58-31e-101. Title.
37          This chapter is known as the "Nurse Licensure Compact - Revised."
38          Section 2. Section 58-31e-102 is enacted to read:
39          58-31e-102. Nurse Licensure Compact.
40          The Nurse Licensure Compact is hereby enacted and entered into with all other
41     jurisdictions that legally join in the compact, which is in form, substantially as follows:


Findings and Declaration of Purpose

45          a. The party states find that:
46          1. The health and safety of the public are affected by the degree of compliance with and
47     the effectiveness of enforcement activities related to state nurse licensure laws;
48          2. Violations of nurse licensure and other laws regulating the practice of nursing may
49     result in injury or harm to the public;
50          3. The expanded mobility of nurses and the use of advanced communication
51     technologies as part of our nation's health care delivery system require greater coordination and
52     cooperation among states in the areas of nurse licensure and regulation;
53          4. New practice modalities and technology make compliance with individual state
54     nurse licensure laws difficult and complex;
55          5. The current system of duplicative licensure for nurses practicing in multiple states is
56     cumbersome and redundant for both nurses and states; and
57          6. Uniformity of nurse licensure requirements throughout the states promotes public

58     safety and public health benefits.
59          b. The general purposes of this Compact are to:
60          1. Facilitate the states' responsibility to protect the public's health and safety;
61          2. Ensure and encourage the cooperation of party states in the areas of nurse licensure
62     and regulation;
63          3. Facilitate the exchange of information between party states in the areas of nurse
64     regulation, investigation, and adverse actions;
65          4. Promote compliance with the laws governing the practice of nursing in each
66     jurisdiction;
67          5. Invest all party states with the authority to hold a nurse accountable for meeting all
68     state practice laws in the state in which the patient is located at the time care is rendered
69     through the mutual recognition of party state licenses;
70          6. Decrease redundancies in the consideration and issuance of nurse licenses; and
71          7. Provide opportunities for interstate practice by nurses who meet uniform licensure
72     requirements.


75          As used in this Compact:
76          a. "Adverse action" means any administrative, civil, equitable, or criminal action
77     permitted by a state's laws which is imposed by a licensing board or other authority against a
78     nurse, including actions against an individual's license or multistate licensure privilege such as
79     revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
80     practice, or any other encumbrance on licensure affecting a nurse's authorization to practice,
81     including issuance of a cease and desist action.
82          b. "Alternative program" means a non-disciplinary monitoring program approved by a
83     licensing board.
84          c. "Coordinated licensure information system" means an integrated process for
85     collecting, storing, and sharing information on nurse licensure and enforcement activities

86     related to nurse licensure laws that is administered by a nonprofit organization composed of
87     and controlled by licensing boards.
88          d. "Current significant investigative information" means:
89          1. Investigative information that a licensing board, after a preliminary inquiry that
90     includes notification and an opportunity for the nurse to respond, if required by state law, has
91     reason to believe is not groundless and, if proved true, would indicate more than a minor
92     infraction; or
93          2. Investigative information that indicates that the nurse represents an immediate threat
94     to public health and safety regardless of whether the nurse has been notified and had an
95     opportunity to respond.
96          e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
97     and unrestricted practice of nursing imposed by a licensing board.
98          f. "Home state" means the party state which is the nurse's primary state of residence.
99          g. "Licensing board" means a party state's regulatory body responsible for issuing nurse
100     licenses.
101          h. "Multistate license" means a license to practice as a registered or a licensed
102     practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the
103     licensed nurse to practice in all party states under a multistate licensure privilege.
104          i. "Multistate licensure privilege" means a legal authorization associated with a
105     multistate license permitting the practice of nursing as either a registered nurse (RN) or
106     LPN/VN in a remote state.
107          j. "Nurse" means an RN or LPN/VN, as those terms are defined by each party state's
108     practice laws.
109          k. "Party state" means any state that has adopted this Compact.
110          l. "Remote state" means a party state, other than the home state.
111          m. "Single-state license" means a nurse license issued by a party state that authorizes
112     practice only within the issuing state and does not include a multistate licensure privilege to
113     practice in any other party state.

114          n. "State" means a state, territory, or possession of the United States and the District of
115     Columbia.
116          o. "State practice laws" means a party state's laws, rules, and regulations that govern
117     the practice of nursing, define the scope of nursing practice, and create the methods and
118     grounds for imposing discipline. "State practice laws" do not include requirements necessary to
119     obtain and retain a license, except for qualifications or requirements of the home state.

General Provisions and Jurisdiction

122          a. A multistate license to practice registered or licensed practical/vocational nursing
123     issued by a home state to a resident in that state will be recognized by each party state as
124     authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational
125     nurse (LPN/VN), under a multistate licensure privilege, in each party state.
126          b. A state must implement procedures for considering the criminal history records of
127     applicants for initial multistate license or licensure by endorsement. Such procedures shall
128     include the submission of fingerprints or other biometric-based information by applicants for
129     the purpose of obtaining an applicant's criminal history record information from the Federal
130     Bureau of Investigation and the agency responsible for retaining that state's criminal records.
131          c. Each party state shall require the following for an applicant to obtain or retain a
132     multistate license in the home state:
133          1. Meets the home state's qualifications for licensure or renewal of licensure, as well as
134     all other applicable state laws;
135          2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or
136     LPN/VN prelicensure education program; or
137          ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that
138     (a) has been approved by the authorized accrediting body in the applicable country and (b) has
139     been verified by an independent credentials review agency to be comparable to a licensing
140     board-approved prelicensure education program;
141          3. Has, if a graduate of a foreign prelicensure education program not taught in English

142     or if English is not the individual's native language, successfully passed an English proficiency
143     examination that includes the components of reading, speaking, writing, and listening;
144          4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or
145     recognized predecessor, as applicable;
146          5. Is eligible for or holds an active, unencumbered license;
147          6. Has submitted, in connection with an application for initial licensure or licensure by
148     endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history
149     record information from the Federal Bureau of Investigation and the agency responsible for
150     retaining that state's criminal records;
151          7. Has not been convicted or found guilty, or has entered into an agreed disposition, of
152     a felony offense under applicable state or federal criminal law;
153          8. Has not been convicted or found guilty, or has entered into an agreed disposition, of
154     a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
155          9. Is not currently enrolled in an alternative program;
156          10. Is subject to self-disclosure requirements regarding current participation in an
157     alternative program; and
158          11. Has a valid United States social security number.
159          d. All party states shall be authorized, in accordance with existing state due process
160     law, to take adverse action against a nurse's multistate licensure privilege such as revocation,
161     suspension, probation, or any other action that affects a nurse's authorization to practice under a
162     multistate licensure privilege, including cease and desist actions. If a party state takes such
163     action, it shall promptly notify the administrator of the coordinated licensure information
164     system. The administrator of the coordinated licensure information system shall promptly
165     notify the home state of any such actions by remote states.
166          e. A nurse practicing in a party state must comply with the state practice laws of the
167     state in which the client is located at the time service is provided. The practice of nursing is not
168     limited to patient care, but shall include all nursing practice as defined by the state practice
169     laws of the party state in which the client is located. The practice of nursing in a party state

170     under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing
171     board, the courts, and the laws of the party state in which the client is located at the time
172     service is provided.
173          f. Individuals not residing in a party state shall continue to be able to apply for a party
174     state's single-state license as provided under the laws of each party state. However, the
175     single-state license granted to these individuals will not be recognized as granting the privilege
176     to practice nursing in any other party state. Nothing in this Compact shall affect the
177     requirements established by a party state for the issuance of a single-state license.
178          g. Any nurse holding a home state multistate license, on the effective date of this
179     Compact, may retain and renew the multistate license issued by the nurse's then-current home
180     state, provided that:
181          1. A nurse, who changes primary state of residence after this Compact's effective date,
182     must meet all applicable Article III.c. requirements to obtain a multistate license from a new
183     home state; and
184          2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due
185     to a disqualifying event occurring after this Compact's effective date shall be ineligible to retain
186     or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated
187     in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure
188     Compact Administrators ("Commission").

Applications for Licensure in a Party State

191          a. Upon application for a multistate license, the licensing board in the issuing party
192     state shall ascertain, through the coordinated licensure information system, whether the
193     applicant has ever held, or is the holder of, a license issued by any other state, whether there are
194     any encumbrances on any license or multistate licensure privilege held by the applicant,
195     whether any adverse action has been taken against any license or multistate licensure privilege
196     held by the applicant, and whether the applicant is currently participating in an alternative
197     program.

198          b. A nurse may hold a multistate license, issued by the home state, in only one party
199     state at a time.
200          c. If a nurse changes primary state of residence by moving between two party states,
201     the nurse must apply for licensure in the new home state, and the multistate license issued by
202     the prior home state will be deactivated in accordance with applicable rules adopted by the
203     Commission.
204          1. The nurse may apply for licensure in advance of a change in primary state of
205     residence.
206          2. A multistate license shall not be issued by the new home state until the nurse
207     provides satisfactory evidence of a change in primary state of residence to the new home state
208     and satisfies all applicable requirements to obtain a multistate license from the new home state.
209          d. If a nurse changes primary state of residence by moving from a party state to a
210     non-party state, the multistate license issued by the prior home state will convert to a
211     single-state license, valid only in the former home state.

Additional Authorities Invested in Party State Licensing Boards

214          a. In addition to the other powers conferred by state law, a licensing board shall have
215     the authority to:
216          1. Take adverse action against a nurse's multistate licensure privilege to practice within
217     that party state.
218          i. Only the home state shall have the power to take adverse action against a nurse's
219     license issued by the home state.
220          ii. For purposes of taking adverse action, the home state licensing board shall give the
221     same priority and effect to reported conduct received from a remote state as it would if such
222     conduct had occurred within the home state. In so doing, the home state shall apply its own
223     state laws to determine appropriate action.
224          2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to
225     practice within that party state.

226          3. Complete any pending investigations of a nurse who changes primary state of
227     residence during the course of such investigations. The licensing board shall also have the
228     authority to take appropriate action(s) and shall promptly report the conclusions of such
229     investigations to the administrator of the coordinated licensure information system. The
230     administrator of the coordinated licensure information system shall promptly notify the new
231     home state of any such actions.
232          4. Issue subpoenas for both hearings and investigations that require the attendance and
233     testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing
234     board in a party state for the attendance and testimony of witnesses or the production of
235     evidence from another party state shall be enforced in the latter state by any court of competent
236     jurisdiction, according to the practice and procedure of that court applicable to subpoenas
237     issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel
238     expenses, mileage, and other fees required by the service statutes of the state in which the
239     witnesses or evidence are located.
240          5. Obtain and submit, for each nurse licensure applicant, fingerprint or other
241     biometric-based information to the Federal Bureau of Investigation for criminal background
242     checks, receive the results of the Federal Bureau of Investigation record search on criminal
243     background checks, and use the results in making licensure decisions.
244          6. If otherwise permitted by state law, recover from the affected nurse the costs of
245     investigations and disposition of cases resulting from any adverse action taken against that
246     nurse.
247          7. Take adverse action based on the factual findings of the remote state, provided that
248     the licensing board follows its own procedures for taking such adverse action.
249          b. If adverse action is taken by the home state against a nurse's multistate license, the
250     nurse's multistate licensure privilege to practice in all other party states shall be deactivated
251     until all encumbrances have been removed from the multistate license. All home state
252     disciplinary orders that impose adverse action against a nurse's multistate license shall include
253     a statement that the nurse's multistate licensure privilege is deactivated in all party states during

254     the pendency of the order.
255          c. Nothing in this Compact shall override a party state's decision that participation in an
256     alternative program may be used in lieu of adverse action. The home state licensing board shall
257     deactivate the multistate licensure privilege under the multistate license of any nurse for the
258     duration of the nurse's participation in an alternative program.

Coordinated Licensure Information System and Exchange of Information

261          a. All party states shall participate in a coordinated licensure information system of all
262     licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This
263     system will include information on the licensure and disciplinary history of each nurse, as
264     submitted by party states, to assist in the coordination of nurse licensure and enforcement
265     efforts.
266          b. The Commission, in consultation with the administrator of the coordinated licensure
267     information system, shall formulate necessary and proper procedures for the identification,
268     collection, and exchange of information under this Compact.
269          c. All licensing boards shall promptly report to the coordinated licensure information
270     system any adverse action, any current significant investigative information, denials of
271     applications (with the reasons for such denials), and nurse participation in alternative programs
272     known to the licensing board regardless of whether such participation is deemed nonpublic or
273     confidential under state law.
274          d. Current significant investigative information and participation in nonpublic or
275     confidential alternative programs shall be transmitted through the coordinated licensure
276     information system only to party state licensing boards.
277          e. Notwithstanding any other provision of law, all party state licensing boards
278     contributing information to the coordinated licensure information system may designate
279     information that may not be shared with non-party states or disclosed to other entities or
280     individuals without the express permission of the contributing state.
281          f. Any personally identifiable information obtained from the coordinated licensure

282     information system by a party state licensing board shall not be shared with non-party states or
283     disclosed to other entities or individuals except to the extent permitted by the laws of the party
284     state contributing the information.
285          g. Any information contributed to the coordinated licensure information system that is
286     subsequently required to be expunged by the laws of the party state contributing that
287     information shall also be expunged from the coordinated licensure information system.
288          h. The Compact administrator of each party state shall furnish a uniform data set to the
289     Compact administrator of each other party state, which shall include, at a minimum:
290          1. Identifying information;
291          2. Licensure data;
292          3. Information related to alternative program participation; and
293          4. Other information that may facilitate the administration of this Compact, as
294     determined by Commission rules.
295          i. The Compact administrator of a party state shall provide all investigative documents
296     and information requested by another party state.

Establishment of the Interstate Commission of Nurse Licensure Compact Administrators

299          a. The party states hereby create and establish a joint public entity known as the
300     Interstate Commission of Nurse Licensure Compact Administrators.
301          1. The Commission is an instrumentality of the party states.
302          2. Venue is proper, and judicial proceedings by or against the Commission shall be
303     brought solely and exclusively, in a court of competent jurisdiction where the principal office
304     of the Commission is located. The Commission may waive venue and jurisdictional defenses to
305     the extent it adopts or consents to participate in alternative dispute resolution proceedings.
306          3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
307          b. Membership, Voting, and Meetings
308          1. Each party state shall have and be limited to one administrator. The head of the state
309     licensing board or designee shall be the administrator of this Compact for each party state. Any

310     administrator may be removed or suspended from office as provided by the law of the state
311     from which the administrator is appointed. Any vacancy occurring in the Commission shall be
312     filled in accordance with the laws of the party state in which the vacancy exists.
313          2. Each administrator shall be entitled to one (1) vote with regard to the promulgation
314     of rules and creation of bylaws and shall otherwise have an opportunity to participate in the
315     business and affairs of the Commission. An administrator shall vote in person or by such other
316     means as provided in the bylaws. The bylaws may provide for an administrator's participation
317     in meetings by telephone or other means of communication.
318          3. The Commission shall meet at least once during each calendar year. Additional
319     meetings shall be held as set forth in the bylaws or rules of the commission.
320          4. All meetings shall be open to the public, and public notice of meetings shall be
321     given in the same manner as required under the rulemaking provisions in Article VIII.
322          5. The Commission may convene in a closed, nonpublic meeting if the Commission
323     must discuss:
324          i. Noncompliance of a party state with its obligations under this Compact;
325          ii. The employment, compensation, discipline, or other personnel matters, practices, or
326     procedures related to specific employees, or other matters related to the Commission's internal
327     personnel practices and procedures;
328          iii. Current, threatened, or reasonably anticipated litigation;
329          iv. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
330          v. Accusing any person of a crime or formally censuring any person;
331          vi. Disclosure of trade secrets or commercial or financial information that is privileged
332     or confidential;
333          vii. Disclosure of information of a personal nature where disclosure would constitute a
334     clearly unwarranted invasion of personal privacy;
335          viii. Disclosure of investigatory records compiled for law enforcement purposes;
336          ix. Disclosure of information related to any reports prepared by or on behalf of the
337     Commission for the purpose of investigation of compliance with this Compact; or

338          x. Matters specifically exempted from disclosure by federal or state statute.
339          6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
340     Commission's legal counsel or designee shall certify that the meeting may be closed and shall
341     reference each relevant exempting provision. The Commission shall keep minutes that fully
342     and clearly describe all matters discussed in a meeting and shall provide a full and accurate
343     summary of actions taken, and the reasons therefore, including a description of the views
344     expressed. All documents considered in connection with an action shall be identified in such
345     minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
346     release by a majority vote of the Commission or order of a court of competent jurisdiction.
347          c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or
348     rules to govern its conduct as may be necessary or appropriate to carry out the purposes and
349     exercise the powers of this Compact, including but not limited to:
350          1. Establishing the fiscal year of the Commission;
351          2. Providing reasonable standards and procedures:
352          i. For the establishment and meetings of other committees; and
353          ii. Governing any general or specific delegation of any authority or function of the
354     Commission;
355          3. Providing reasonable procedures for calling and conducting meetings of the
356     Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity
357     for attendance of such meetings by interested parties, with enumerated exceptions designed to
358     protect the public's interest, the privacy of individuals, and proprietary information, including
359     trade secrets. The Commission may meet in closed session only after a majority of the
360     administrators vote to close a meeting in whole or in part. As soon as practicable, the
361     Commission must make public a copy of the vote to close the meeting revealing the vote of
362     each administrator, with no proxy votes allowed;
363          4. Establishing the titles, duties and authority, and reasonable procedures for the
364     election of the officers of the Commission;
365          5. Providing reasonable standards and procedures for the establishment of the

366     personnel policies and programs of the Commission. Notwithstanding any civil service or other
367     similar laws of any party state, the bylaws shall exclusively govern the personnel policies and
368     programs of the Commission; and
369          6. Providing a mechanism for winding up the operations of the Commission and the
370     equitable disposition of any surplus funds that may exist after the termination of this Compact
371     after the payment or reserving of all of its debts and obligations.
372          d. The Commission shall publish its bylaws and rules, and any amendments thereto, in
373     a convenient form on the website of the Commission.
374          e. The Commission shall maintain its financial records in accordance with the bylaws.
375          f. The Commission shall meet and take such actions as are consistent with the
376     provisions of this Compact and the bylaws.
377          g. The Commission shall have the following powers:
378          1. To promulgate uniform rules to facilitate and coordinate implementation and
379     administration of this Compact. The rules shall have the force and effect of law and shall be
380     binding in all party states;
381          2. To bring and prosecute legal proceedings or actions in the name of the Commission,
382     provided that the standing of any licensing board to sue or be sued under applicable law shall
383     not be affected;
384          3. To purchase and maintain insurance and bonds;
385          4. To borrow, accept, or contract for services of personnel, including, but not limited
386     to, employees of a party state or nonprofit organizations;
387          5. To cooperate with other organizations that administer state compacts related to the
388     regulation of nursing, including but not limited to sharing administrative or staff expenses,
389     office space, or other resources;
390          6. To hire employees, elect or appoint officers, fix compensation, define duties, grant
391     such individuals appropriate authority to carry out the purposes of this Compact, and to
392     establish the Commission's personnel policies and programs relating to conflicts of interest,
393     qualifications of personnel, and other related personnel matters;

394          7. To accept any and all appropriate donations, grants, and gifts of money, equipment,
395     supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that
396     at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
397          8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
398     hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times
399     the Commission shall avoid any appearance of impropriety;
400          9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
401     any property, whether real, personal, or mixed;
402          10. To establish a budget and make expenditures;
403          11. To borrow money;
404          12. To appoint committees, including advisory committees comprised of
405     administrators, state nursing regulators, state legislators or their representatives, and consumer
406     representatives, and other such interested persons;
407          13. To provide and receive information from, and to cooperate with, law enforcement
408     agencies;
409          14. To adopt and use an official seal; and
410          15. To perform such other functions as may be necessary or appropriate to achieve the
411     purposes of this Compact consistent with the state regulation of nurse licensure and practice.
412          h. Financing of the Commission
413          1. The Commission shall pay, or provide for the payment of, the reasonable expenses
414     of its establishment, organization, and ongoing activities.
415          2. The Commission may also levy on and collect an annual assessment from each party
416     state to cover the cost of its operations, activities, and staff in its annual budget as approved
417     each year. The aggregate annual assessment amount, if any, shall be allocated based upon a
418     formula to be determined by the Commission, which shall promulgate a rule that is binding
419     upon all party states.
420          3. The Commission shall not incur obligations of any kind prior to securing the funds
421     adequate to meet the same; nor shall the Commission pledge the credit of any of the party

422     states, except by, and with the authority of, such party state.
423          4. The Commission shall keep accurate accounts of all receipts and disbursements. The
424     receipts and disbursements of the Commission shall be subject to the audit and accounting
425     procedures established under its bylaws. However, all receipts and disbursements of funds
426     handled by the Commission shall be audited yearly by a certified or licensed public accountant,
427     and the report of the audit shall be included in and become part of the annual report of the
428     Commission.
429          i. Qualified Immunity, Defense, and Indemnification
430          1. The administrators, officers, executive director, employees, and representatives of
431     the Commission shall be immune from suit and liability, either personally or in their official
432     capacity, for any claim for damage to or loss of property or personal injury or other civil
433     liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
434     or that the person against whom the claim is made had a reasonable basis for believing
435     occurred, within the scope of Commission employment, duties, or responsibilities; provided
436     that nothing in this paragraph shall be construed to protect any such person from suit or liability
437     for any damage, loss, injury, or liability caused by the intentional, willful, or wanton
438     misconduct of that person.
439          2. The Commission shall defend any administrator, officer, executive director,
440     employee, or representative of the Commission in any civil action seeking to impose liability
441     arising out of any actual or alleged act, error, or omission that occurred within the scope of
442     Commission employment, duties, or responsibilities, or that the person against whom the claim
443     is made had a reasonable basis for believing occurred within the scope of Commission
444     employment, duties, or responsibilities; provided that nothing herein shall be construed to
445     prohibit that person from retaining his or her own counsel; and provided further that the actual
446     or alleged act, error, or omission did not result from that person's intentional, willful, or wanton
447     misconduct.
448          3. The Commission shall indemnify and hold harmless any administrator, officer,
449     executive director, employee, or representative of the Commission for the amount of any

450     settlement or judgment obtained against that person arising out of any actual or alleged act,
451     error, or omission that occurred within the scope of Commission employment, duties, or
452     responsibilities, or that such person had a reasonable basis for believing occurred within the
453     scope of Commission employment, duties, or responsibilities, provided that the actual or
454     alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct
455     of that person.


458          a. The Commission shall exercise its rulemaking powers pursuant to the criteria set
459     forth in this Article and the rules adopted thereunder. Rules and amendments shall become
460     binding as of the date specified in each rule or amendment and shall have the same force and
461     effect as provisions of this Compact.
462          b. Rules or amendments to the rules shall be adopted at a regular or special meeting of
463     the Commission.
464          c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at
465     least sixty (60) days in advance of the meeting at which the rule will be considered and voted
466     upon, the Commission shall file a notice of proposed rulemaking:
467          1. On the website of the Commission; and
468          2. On the website of each licensing board or the publication in which each state would
469     otherwise publish proposed rules.
470          d. The notice of proposed rulemaking shall include:
471          1. The proposed time, date, and location of the meeting in which the rule will be
472     considered and voted upon;
473          2. The text of the proposed rule or amendment, and the reason for the proposed rule;
474          3. A request for comments on the proposed rule from any interested person; and
475          4. The manner in which interested persons may submit notice to the Commission of
476     their intention to attend the public hearing and any written comments.
477          e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit

478     written data, facts, opinions, and arguments, which shall be made available to the public.
479          f. The Commission shall grant an opportunity for a public hearing before it adopts a
480     rule or amendment.
481          g. The Commission shall publish the place, time, and date of the scheduled public
482     hearing.
483          1. Hearings shall be conducted in a manner providing each person who wishes to
484     comment a fair and reasonable opportunity to comment orally or in writing. All hearings will
485     be recorded, and a copy will be made available upon request.
486          2. Nothing in this section shall be construed as requiring a separate hearing on each
487     rule. Rules may be grouped for the convenience of the Commission at hearings required by this
488     section.
489          h. If no one appears at the public hearing, the Commission may proceed with
490     promulgation of the proposed rule.
491          i. Following the scheduled hearing date, or by the close of business on the scheduled
492     hearing date if the hearing was not held, the Commission shall consider all written and oral
493     comments received.
494          j. The Commission shall, by majority vote of all administrators, take final action on the
495     proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
496     record and the full text of the rule.
497          k. Upon determination that an emergency exists, the Commission may consider and
498     adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
499     that the usual rulemaking procedures provided in this Compact and in this section shall be
500     retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
501     (90) days after the effective date of the rule. For the purposes of this provision, an emergency
502     rule is one that must be adopted immediately in order to:
503          1. Meet an imminent threat to public health, safety, or welfare;
504          2. Prevent a loss of Commission or party state funds; or
505          3. Meet a deadline for the promulgation of an administrative rule that is required by

506     federal law or rule.
507          l. The Commission may direct revisions to a previously adopted rule or amendment for
508     purposes of correcting typographical errors, errors in format, errors in consistency, or
509     grammatical errors. Public notice of any revisions shall be posted on the website of the
510     Commission. The revision shall be subject to challenge by any person for a period of thirty (30)
511     days after posting. The revision may be challenged only on grounds that the revision results in
512     a material change to a rule. A challenge shall be made in writing, and delivered to the
513     Commission, prior to the end of the notice period. If no challenge is made, the revision will
514     take effect without further action. If the revision is challenged, the revision may not take effect
515     without the approval of the Commission.

Oversight, Dispute Resolution, and Enforcement

518          a. Oversight
519          1. Each party state shall enforce this Compact and take all actions necessary and
520     appropriate to effectuate this Compact's purposes and intent.
521          2. The Commission shall be entitled to receive service of process in any proceeding that
522     may affect the powers, responsibilities, or actions of the Commission, and shall have standing
523     to intervene in such a proceeding for all purposes. Failure to provide service of process in such
524     proceeding to the Commission shall render a judgment or order void as to the Commission, this
525     Compact, or promulgated rules.
526          b. Default, Technical Assistance, and Termination
527          1. If the Commission determines that a party state has defaulted in the performance of
528     its obligations or responsibilities under this Compact or the promulgated rules, the Commission
529     shall:
530          i. Provide written notice to the defaulting state and other party states of the nature of
531     the default, the proposed means of curing the default, or any other action to be taken by the
532     Commission; and
533          ii. Provide remedial training and specific technical assistance regarding the default.

534          2. If a state in default fails to cure the default, the defaulting state's membership in this
535     Compact may be terminated upon an affirmative vote of a majority of the administrators, and
536     all rights, privileges, and benefits conferred by this Compact may be terminated on the
537     effective date of termination. A cure of the default does not relieve the offending state of
538     obligations or liabilities incurred during the period of default.
539          3. Termination of membership in this Compact shall be imposed only after all other
540     means of securing compliance have been exhausted. Notice of intent to suspend or terminate
541     shall be given by the Commission to the governor of the defaulting state and to the executive
542     officer of the defaulting state's licensing board and each of the party states.
543          4. A state whose membership in this Compact has been terminated is responsible for
544     all assessments, obligations, and liabilities incurred through the effective date of termination,
545     including obligations that extend beyond the effective date of termination.
546          5. The Commission shall not bear any costs related to a state that is found to be in
547     default or whose membership in this Compact has been terminated unless agreed upon in
548     writing between the Commission and the defaulting state.
549          6. The defaulting state may appeal the action of the Commission by petitioning the
550     U.S. District Court for the District of Columbia or the federal district in which the Commission
551     has its principal offices. The prevailing party shall be awarded all costs of such litigation,
552     including reasonable attorneys' fees.
553          c. Dispute Resolution
554          1. Upon request by a party state, the Commission shall attempt to resolve disputes
555     related to the Compact that arise among party states and between party and non-party states.
556          2. The Commission shall promulgate a rule providing for both mediation and binding
557     dispute resolution for disputes, as appropriate.
558          3. In the event the Commission cannot resolve disputes among party states arising
559     under this Compact:
560          i. The party states may submit the issues in dispute to an arbitration panel, which will
561     be comprised of individuals appointed by the Compact administrator in each of the affected

562     party states and an individual mutually agreed upon by the Compact administrators of all the
563     party states involved in the dispute.
564          ii. The decision of a majority of the arbitrators shall be final and binding.
565          d. Enforcement
566          1. The Commission, in the reasonable exercise of its discretion, shall enforce the
567     provisions and rules of this Compact.
568          2. By majority vote, the Commission may initiate legal action in the U.S. District Court
569     for the District of Columbia or the federal district in which the Commission has its principal
570     offices against a party state that is in default to enforce compliance with the provisions of this
571     Compact and its promulgated rules and bylaws. The relief sought may include both injunctive
572     relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be
573     awarded all costs of such litigation, including reasonable attorneys' fees.
574          3. The remedies herein shall not be the exclusive remedies of the Commission. The
575     Commission may pursue any other remedies available under federal or state law.

Effective Date, Withdrawal, and Amendment

578          a. This Compact, enacted in Title 58, Chapter 31e, Nurse Licensure Compact - Revised
579     ("This Compact"), shall become effective and binding on the earlier of the date of legislative
580     enactment of this Compact into law by no less than twenty-six (26) states or December 31,
581     2018. All party states to this Compact, that also were parties to the prior Nurse Licensure
582     Compact, enacted in Title 58, Chapter 31c, Nurse Licensure Compact, superseded by this
583     Compact, ("Prior Compact"), shall be deemed to have withdrawn from said Prior Compact
584     within six (6) months after the effective date of this Compact.
585          b. Each party state to this Compact shall continue to recognize a nurse's multistate
586     licensure privilege to practice in that party state issued under the Prior Compact until such
587     party state has withdrawn from the Prior Compact.
588          c. Any party state may withdraw from this Compact by enacting a statute repealing the
589     same. A party state's withdrawal shall not take effect until six (6) months after enactment of the

590     repealing statute.
591          d. A party state's withdrawal or termination shall not affect the continuing requirement
592     of the withdrawing or terminated state's licensing board to report adverse actions and
593     significant investigations occurring prior to the effective date of such withdrawal or
594     termination.
595          e. Nothing contained in this Compact shall be construed to invalidate or prevent any
596     nurse licensure agreement or other cooperative arrangement between a party state and a
597     non-party state that is made in accordance with the other provisions of this Compact.
598          f. This Compact may be amended by the party states. No amendment to this Compact
599     shall become effective and binding upon the party states unless and until it is enacted into the
600     laws of all party states.
601          g. Representatives of non-party states to this Compact shall be invited to participate in
602     the activities of the Commission, on a nonvoting basis, prior to the adoption of this Compact
603     by all states.

Construction and Severability

606          This Compact shall be liberally construed so as to effectuate the purposes thereof. The
607     provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision
608     of this Compact is declared to be contrary to the constitution of any party state or of the United
609     States, or if the applicability thereof to any government, agency, person, or circumstance is held
610     invalid, the validity of the remainder of this Compact and the applicability thereof to any
611     government, agency, person, or circumstance shall not be affected thereby. If this Compact
612     shall be held to be contrary to the constitution of any party state, this Compact shall remain in
613     full force and effect as to the remaining party states and in full force and effect as to the party
614     state affected as to all severable matters.
615          Section 3. Section 58-31e-103 is enacted to read:
616          58-31e-103. Implementation and rulemaking authority.
617          (1) The term "head of the state licensing board," as used in Article VII b(1) of the

618     Nurse Licensure Compact in Section 58-31e-102, means an individual who is an ex-officio
619     member of the Board of Nursing created in Section 58-31b-201 and is appointed by the director
620     to serve as the head of the state licensing board for purposes of Article VII b(1) of the Nurse
621     Licensure Compact.
622          (2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
623     Rulemaking Act, make rules necessary to implement the provisions of this chapter.