7 LONG TITLE
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:
25 Other Special Clauses:
27 Utah Code Sections Affected:
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:
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
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
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
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
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.
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").
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
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
204 1. The nurse may apply for licensure in advance of a change in primary state of
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.
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
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.
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
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.
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
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
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
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
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
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
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.
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
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.
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
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.
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.
Legislative Review Note
Office of Legislative Research and General Counsel