Illinois General Assembly - Full Text of HB4988
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Full Text of HB4988  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/8/2024, by Rep. Ryan Spain - Norine K. Hammond - Tony M. McCombie


225 ILCS 65/50-10  was 225 ILCS 65/5-10
225 ILCS 65/50-15  was 225 ILCS 65/5-15
225 ILCS 65/Art. 85 heading new
225 ILCS 65/85-5 new
225 ILCS 65/85-10 new
225 ILCS 65/85-15 new

    Amends the Nurse Practice Act. Ratifies and approves the Nurse Licensure Compact, which allows for the issuance of multistate licenses that allow nurses to practice in their home state and other compact states. Provides that the Compact does not supersede existing State labor laws. Provides that the State may not share with or disclose to the Interstate Commission of Nurse Licensure Compact Administrators or any other state any of the contents of a nationwide criminal history records check conducted for the purpose of multistate licensure under the Nurse Licensure Compact. Makes conforming changes.

LRB103 36089 SPS 66178 b





HB4988LRB103 36089 SPS 66178 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Nurse Practice Act is amended by changing
5Sections 50-10 and 50-15 and by adding Article 85 as follows:
6    (225 ILCS 65/50-10)  (was 225 ILCS 65/5-10)
7    (Section scheduled to be repealed on January 1, 2028)
8    Sec. 50-10. Definitions. Each of the following terms, when
9used in this Act, shall have the meaning ascribed to it in this
10Section, except where the context clearly indicates otherwise:
11    "Academic year" means the customary annual schedule of
12courses at a college, university, or approved school,
13customarily regarded as the school year as distinguished from
14the calendar year.
15    "Address of record" means the designated address recorded
16by the Department in the applicant's or licensee's application
17file or license file as maintained by the Department's
18licensure maintenance unit.
19    "Advanced practice registered nurse" or "APRN" means a
20person who has met the qualifications for a (i) certified
21nurse midwife (CNM); (ii) certified nurse practitioner (CNP);
22(iii) certified registered nurse anesthetist (CRNA); or (iv)
23clinical nurse specialist (CNS) and either has been licensed



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1by the Department or holds a multistate license issued by a
2party state, as those terms are defined in Article 85. All
3advanced practice registered nurses licensed and practicing in
4the State of Illinois shall use the title APRN and may use
5specialty credentials CNM, CNP, CRNA, or CNS after their name.
6All advanced practice registered nurses may only practice in
7accordance with national certification and this Act.
8    "Advisory Board" means the Illinois Nursing Workforce
9Center Advisory Board.
10    "Approved program of professional nursing education" and
11"approved program of practical nursing education" are programs
12of professional or practical nursing, respectively, approved
13by the Department under the provisions of this Act.
14    "Board" means the Board of Nursing appointed by the
16    "Center" means the Illinois Nursing Workforce Center.
17    "Collaboration" means a process involving 2 or more health
18care professionals working together, each contributing one's
19respective area of expertise to provide more comprehensive
20patient care.
21    "Competence" means an expected and measurable level of
22performance that integrates knowledge, skills, abilities, and
23judgment based on established scientific knowledge and
24expectations for nursing practice.
25    "Comprehensive nursing assessment" means the gathering of
26information about the patient's physiological, psychological,



HB4988- 3 -LRB103 36089 SPS 66178 b

1sociological, and spiritual status on an ongoing basis by a
2registered professional nurse and is the first step in
3implementing and guiding the nursing plan of care.
4    "Consultation" means the process whereby an advanced
5practice registered nurse seeks the advice or opinion of
6another health care professional.
7    "Credentialed" means the process of assessing and
8validating the qualifications of a health care professional.
9    "Dentist" means a person licensed to practice dentistry
10under the Illinois Dental Practice Act.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Email address of record" means the designated email
14address recorded by the Department in the applicant's
15application file or the licensee's license file, as maintained
16by the Department's licensure maintenance unit.
17    "Focused nursing assessment" means an appraisal of an
18individual's status and current situation, contributing to the
19comprehensive nursing assessment performed by the registered
20professional nurse or advanced practice registered nurse or
21the assessment by the physician assistant, physician, dentist,
22podiatric physician, or other licensed health care
23professional, as determined by the Department, supporting
24ongoing data collection, and deciding who needs to be informed
25of the information and when to inform.
26    "Full practice authority" means the authority of an



HB4988- 4 -LRB103 36089 SPS 66178 b

1advanced practice registered nurse licensed in Illinois and
2certified as a nurse practitioner, clinical nurse specialist,
3or nurse midwife to practice without a written collaborative
4agreement and:
5        (1) to be fully accountable to patients for the
6    quality of advanced nursing care rendered;
7        (2) to be fully accountable for recognizing limits of
8    knowledge and experience and for planning for the
9    management of situations beyond the advanced practice
10    registered nurse's expertise; the full practice authority
11    for advanced practice registered nurses includes accepting
12    referrals from, consulting with, collaborating with, or
13    referring to other health care professionals as warranted
14    by the needs of the patient; and
15        (3) to possess the authority to prescribe medications,
16    including Schedule II through V controlled substances, as
17    provided in Section 65-43.
18    "Hospital affiliate" means a corporation, partnership,
19joint venture, limited liability company, or similar
20organization, other than a hospital, that is devoted primarily
21to the provision, management, or support of health care
22services and that directly or indirectly controls, is
23controlled by, or is under common control of the hospital. For
24the purposes of this definition, "control" means having at
25least an equal or a majority ownership or membership interest.
26A hospital affiliate shall be 100% owned or controlled by any



HB4988- 5 -LRB103 36089 SPS 66178 b

1combination of hospitals, their parent corporations, or
2physicians licensed to practice medicine in all its branches
3in Illinois. "Hospital affiliate" does not include a health
4maintenance organization regulated under the Health
5Maintenance Organization Act.
6    "Impaired nurse" means a nurse licensed under this Act who
7is unable to practice with reasonable skill and safety because
8of a physical or mental disability as evidenced by a written
9determination or written consent based on clinical evidence,
10including loss of motor skills, abuse of drugs or alcohol, or a
11psychiatric disorder, of sufficient degree to diminish his or
12her ability to deliver competent patient care.
13    "License-pending advanced practice registered nurse" means
14a registered professional nurse who has completed all
15requirements for licensure as an advanced practice registered
16nurse except the certification examination and has applied to
17take the next available certification exam and received a
18temporary permit from the Department.
19    "License-pending registered nurse" means a person who has
20passed the Department-approved registered nurse licensure exam
21and has applied for a license from the Department. A
22license-pending registered nurse shall use the title "RN lic
23pend" on all documentation related to nursing practice.
24    "Nursing intervention" means any treatment based on
25clinical nursing judgment or knowledge that a nurse performs.
26An individual or entity shall not mandate that a registered



HB4988- 6 -LRB103 36089 SPS 66178 b

1professional nurse delegate nursing interventions if the
2registered professional nurse determines it is inappropriate
3to do so. A nurse shall not be subject to disciplinary or any
4other adverse action for refusing to delegate a nursing
5intervention based on patient safety.
6    "Physician" means a person licensed to practice medicine
7in all its branches under the Medical Practice Act of 1987.
8    "Podiatric physician" means a person licensed to practice
9podiatry under the Podiatric Medical Practice Act of 1987.
10    "Practical nurse" or "licensed practical nurse" means a
11person who practices practical nursing as defined in this Act
12and either is licensed as a practical nurse under this Act or
13holds a multistate license issued by a party state, as those
14terms are defined in Article 85 and practices practical
15nursing as defined in this Act. Only a practical nurse
16licensed under this Act is entitled to use the title "licensed
17practical nurse" and the abbreviation "L.P.N.".
18    "Practical nursing" means the performance of nursing
19interventions requiring the nursing knowledge, judgment, and
20skill acquired by means of completion of an approved practical
21nursing education program. Practical nursing includes
22assisting in the nursing process under the guidance of a
23registered professional nurse or an advanced practice
24registered nurse. The practical nurse may work under the
25direction of a licensed physician, dentist, podiatric
26physician, or other health care professional determined by the



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2    "Privileged" means the authorization granted by the
3governing body of a healthcare facility, agency, or
4organization to provide specific patient care services within
5well-defined limits, based on qualifications reviewed in the
6credentialing process.
7    "Registered Nurse" or "Registered Professional Nurse"
8means a person who practices nursing as defined in this Act and
9either is licensed as a professional nurse under this Act or
10holds a multistate license issued by a party state, as those
11terms are defined in Article 85 and practices nursing as
12defined in this Act. Only a registered nurse licensed under
13this Act is entitled to use the titles "registered nurse" and
14"registered professional nurse" and the abbreviation, "R.N.".
15    "Registered professional nursing practice" means a
16scientific process founded on a professional body of knowledge
17that includes, but is not limited to, the protection,
18promotion, and optimization of health and abilities,
19prevention of illness and injury, development and
20implementation of the nursing plan of care, facilitation of
21nursing interventions to alleviate suffering, care
22coordination, and advocacy in the care of individuals,
23families, groups, communities, and populations. "Registered
24professional nursing practice" does not include the act of
25medical diagnosis or prescription of medical therapeutic or
26corrective measures.



HB4988- 8 -LRB103 36089 SPS 66178 b

1    "Professional assistance program for nurses" means a
2professional assistance program that meets criteria
3established by the Board of Nursing and approved by the
4Secretary, which provides a non-disciplinary treatment
5approach for nurses licensed under this Act whose ability to
6practice is compromised by alcohol or chemical substance
8    "Secretary" means the Secretary of Financial and
9Professional Regulation.
10    "Unencumbered license" means a license issued in good
12    "Written collaborative agreement" means a written
13agreement between an advanced practice registered nurse and a
14collaborating physician, dentist, or podiatric physician
15pursuant to Section 65-35.
16(Source: P.A. 103-154, eff. 6-30-23.)
17    (225 ILCS 65/50-15)  (was 225 ILCS 65/5-15)
18    (Section scheduled to be repealed on January 1, 2028)
19    Sec. 50-15. Policy; application of Act.
20    (a) For the protection of life and the promotion of
21health, and the prevention of illness and communicable
22diseases, any person practicing or offering to practice
23advanced, professional, or practical nursing in Illinois shall
24submit evidence that he or she is qualified to practice, and
25shall be licensed as provided under this Act. No person shall



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1practice or offer to practice advanced, professional, or
2practical nursing in Illinois or use any title, sign, card or
3device to indicate that such a person is practicing
4professional or practical nursing unless such person has been
5licensed under the provisions of this Act.
6    (b) This Act does not prohibit the following:
7        (1) The practice of nursing in Federal employment in
8    the discharge of the employee's duties by a person who is
9    employed by the United States government or any bureau,
10    division or agency thereof and is a legally qualified and
11    licensed nurse of another state or territory and not in
12    conflict with Sections 50-50, 55-10, 60-10, and 70-5 of
13    this Act.
14        (2) Nursing that is included in the program of study
15    by students enrolled in programs of nursing or in current
16    nurse practice update courses approved by the Department.
17        (3) The furnishing of nursing assistance in an
18    emergency.
19        (4) The practice of nursing by a nurse who holds an
20    active license in another state when providing services to
21    patients in Illinois during a bonafide emergency or in
22    immediate preparation for or during interstate transit.
23        (5) The incidental care of the sick by members of the
24    family, domestic servants or housekeepers, or care of the
25    sick where treatment is by prayer or spiritual means.
26        (6) Persons from being employed as unlicensed



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1    assistive personnel in private homes, long term care
2    facilities, nurseries, hospitals or other institutions.
3        (7) The practice of practical nursing by one who is a
4    licensed practical nurse under the laws of another U.S.
5    jurisdiction and has applied in writing to the Department,
6    in form and substance satisfactory to the Department, for
7    a license as a licensed practical nurse and who is
8    qualified to receive such license under this Act, until
9    (i) the expiration of 6 months after the filing of such
10    written application, (ii) the withdrawal of such
11    application, or (iii) the denial of such application by
12    the Department.
13        (7.5) The practice of practical nursing by one who is
14    a practical nurse under a multistate license issued by a
15    party state, as those terms are defined in Article 85, and
16    has applied in writing to the Department, in form and
17    substance satisfactory to the Department, for a license as
18    a practical nurse and who is qualified to receive such
19    license under this Act, until (i) the expiration of 6
20    months after the filing of such written application, (ii)
21    the withdrawal of such application, or (iii) the denial of
22    such application by the Department.
23        (8) The practice of advanced practice registered
24    nursing by one who is an advanced practice registered
25    nurse under the laws of another United States jurisdiction
26    or a foreign jurisdiction and has applied in writing to



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1    the Department, in form and substance satisfactory to the
2    Department, for a license as an advanced practice
3    registered nurse and who is qualified to receive such
4    license under this Act, until (i) the expiration of 6
5    months after the filing of such written application, (ii)
6    the withdrawal of such application, or (iii) the denial of
7    such application by the Department.
8        (8.5) The practice of advanced practice registered
9    nursing by one who is an advanced practice registered
10    nurse under a multistate license issued by a party state,
11    as those terms are defined in Article 85, and has applied
12    in writing to the Department, in form and substance
13    satisfactory to the Department, for a license as an
14    advanced practice registered nurse and who is qualified to
15    receive such license under this Act, until (i) the
16    expiration of 6 months after the filing of such written
17    application, (ii) the withdrawal of such application, or
18    (iii) the denial of such application by the Department.
19        (9) The practice of professional nursing by one who is
20    a registered professional nurse under the laws of another
21    United States jurisdiction or a foreign jurisdiction and
22    has applied in writing to the Department, in form and
23    substance satisfactory to the Department, for a license as
24    a registered professional nurse and who is qualified to
25    receive such license under Section 55-10, until (1) the
26    expiration of 6 months after the filing of such written



HB4988- 12 -LRB103 36089 SPS 66178 b

1    application, (2) the withdrawal of such application, or
2    (3) the denial of such application by the Department.
3        (9.5) The practice of professional nursing by one who
4    is a registered professional nurse under a multistate
5    license issued by a party state, as those terms are
6    defined in Article 85, and has applied in writing to the
7    Department, in form and substance satisfactory to the
8    Department, for a license as a professional nurse and who
9    is qualified to receive such license under this Act, until
10    (i) the expiration of 6 months after the filing of such
11    written application, (ii) the withdrawal of such
12    application, or (iii) the denial of such application by
13    the Department.
14        (10) The practice of professional nursing that is
15    included in a program of study by one who is a registered
16    professional nurse under the laws of another United States
17    jurisdiction or a foreign jurisdiction and who is enrolled
18    in a graduate nursing education program or a program for
19    the completion of a baccalaureate nursing degree in this
20    State, which includes clinical supervision by faculty as
21    determined by the educational institution offering the
22    program and the health care organization where the
23    practice of nursing occurs.
24        (10.5) The practice of professional nursing that is
25    included in a program of study by one who is a registered
26    professional nurse under a multistate license issued by a



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1    party state, as those terms are defined in Article 85, and
2    has applied in writing to the Department, in form and
3    substance satisfactory to the Department, for a license as
4    a professional nurse and who is qualified to receive such
5    license under this Act, until (i) the expiration of 6
6    months after the filing of such written application, (ii)
7    the withdrawal of such application, or (iii) the denial of
8    such application by the Department.
9        (11) Any person licensed in this State under any other
10    Act from engaging in the practice for which she or he is
11    licensed.
12        (12) Delegation to authorized direct care staff
13    trained under Section 15.4 of the Mental Health and
14    Developmental Disabilities Administrative Act consistent
15    with the policies of the Department.
16        (13) (Blank).
17        (14) County correctional personnel from delivering
18    prepackaged medication for self-administration to an
19    individual detainee in a correctional facility.
20    Nothing in this Act shall be construed to limit the
21delegation of tasks or duties by a physician, dentist, or
22podiatric physician to a licensed practical nurse, a
23registered professional nurse, or other persons.
24(Source: P.A. 100-513, eff. 1-1-18.)
25    (225 ILCS 65/Art. 85 heading new)



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2    (225 ILCS 65/85-5 new)
3    Sec. 85-5. Nurse Licensure Compact. The State of Illinois
4ratifies and approves the following Compact:
Findings and Declaration of Purpose

7    a. The party states find that:
8        1. The health and safety of the public are affected by
9    the degree of compliance with and the effectiveness of
10    enforcement activities related to state nurse licensure
11    laws;
12        2. Violations of nurse licensure and other laws
13    regulating the practice of nursing may result in injury or
14    harm to the public;
15        3. The expanded mobility of nurses and the use of
16    advanced communication technologies as part of our
17    nation's health care delivery system require greater
18    coordination and cooperation among states in the areas of
19    nurse licensure and regulation;
20        4. New practice modalities and technology make
21    compliance with individual state nurse licensure laws
22    difficult and complex;
23        5. The current system of duplicative licensure for



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1    nurses practicing in multiple states is cumbersome and
2    redundant for both nurses and states; and
3        6. Uniformity of nurse licensure requirements
4    throughout the states promotes public safety and public
5    health benefits.
6    b. The general purposes of this Compact are to:
7        1. Facilitate the states' responsibility to protect
8    the public's health and safety;
9        2. Ensure and encourage the cooperation of party
10    states in the areas of nurse licensure and regulation;
11        3. Facilitate the exchange of information between
12    party states in the areas of nurse regulation,
13    investigation and adverse actions;
14        4. Promote compliance with the laws governing the
15    practice of nursing in each jurisdiction;
16        5. Invest all party states with the authority to hold
17    a nurse accountable for meeting all state practice laws in
18    the state in which the patient is located at the time care
19    is rendered through the mutual recognition of party state
20    licenses;
21        6. Decrease redundancies in the consideration and
22    issuance of nurse licenses; and
23        7. Provide opportunities for interstate practice by
24    nurses who meet uniform licensure requirements.



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2    As used in this Compact:
3        a. "Adverse action" means any administrative, civil,
4    equitable or criminal action permitted by a state's laws
5    which is imposed by a licensing board or other authority
6    against a nurse, including actions against an individual's
7    license or multistate licensure privilege such as
8    revocation, suspension, probation, monitoring of the
9    licensee, limitation on the licensee's practice, or any
10    other encumbrance on licensure affecting a nurse's
11    authorization to practice, including issuance of a cease
12    and desist action.
13        b. "Alternative program" means a non-disciplinary
14    monitoring program approved by a licensing board.
15        c. "Coordinated licensure information system" means an
16    integrated process for collecting, storing and sharing
17    information on nurse licensure and enforcement activities
18    related to nurse licensure laws that is administered by a
19    nonprofit organization composed of and controlled by
20    licensing boards.
21        d. "Current significant investigative information"
22    means:
23            1. Investigative information that a licensing
24        board, after a preliminary inquiry that includes
25        notification and an opportunity for the nurse to



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1        respond, if required by state law, has reason to
2        believe is not groundless and, if proved true, would
3        indicate more than a minor infraction; or
4            2. Investigative information that indicates that
5        the nurse represents an immediate threat to public
6        health and safety regardless of whether the nurse has
7        been notified and had an opportunity to respond.
8        e. "Encumbrance" means a revocation or suspension of,
9    or any limitation on, the full and unrestricted practice
10    of nursing imposed by a licensing board.
11        f. "Home state" means the party state which is the
12    nurse's primary state of residence.
13        g. "Licensing board" means a party state's regulatory
14    body responsible for issuing nurse licenses.
15        h. "Multistate license" means a license to practice as
16    a registered or a licensed practical/vocational nurse
17    (LPN/VN) issued by a home state licensing board that
18    authorizes the licensed nurse to practice in all party
19    states under a multistate licensure privilege.
20        i. "Multistate licensure privilege" means a legal
21    authorization associated with a multistate license
22    permitting the practice of nursing as either a registered
23    nurse (RN) or LPN/VN in a remote state.
24        j. "Nurse" means RN or LPN/VN, as those terms are
25    defined by each party state's practice laws.
26        k. "Party state" means any state that has adopted this



HB4988- 18 -LRB103 36089 SPS 66178 b

1    Compact.
2        l. "Remote state" means a party state, other than the
3    home state.
4        m. "Single-state license" means a nurse license issued
5    by a party state that authorizes practice only within the
6    issuing state and does not include a multistate licensure
7    privilege to practice in any other party state.
8        n. "State" means a state, territory or possession of
9    the United States and the District of Columbia.
10        o. "State practice laws" means a party state's laws,
11    rules and regulations that govern the practice of nursing,
12    define the scope of nursing practice, and create the
13    methods and grounds for imposing discipline. "State
14    practice laws" do not include requirements necessary to
15    obtain and retain a license, except for qualifications or
16    requirements of the home state.
General Provisions and Jurisdiction

19    a. A multistate license to practice registered or licensed
20practical/vocational nursing issued by a home state to a
21resident in that state will be recognized by each party state
22as authorizing a nurse to practice as a registered nurse (RN)
23or as a licensed practical/vocational nurse (LPN/VN), under a
24multistate licensure privilege, in each party state.



HB4988- 19 -LRB103 36089 SPS 66178 b

1    b. A state must implement procedures for considering the
2criminal history records of applicants for initial multistate
3license or licensure by endorsement. Such procedures shall
4include the submission of fingerprints or other
5biometric-based information by applicants for the purpose of
6obtaining an applicant's criminal history record information
7from the Federal Bureau of Investigation and the agency
8responsible for retaining that state's criminal records.
9    c. Each party state shall require the following for an
10applicant to obtain or retain a multistate license in the home
12        1. Meets the home state's qualifications for licensure
13    or renewal of licensure, as well as, all other applicable
14    state laws;
15        2. i. Has graduated or is eligible to graduate from a
16    licensing board-approved RN or LPN/VN prelicensure
17    education program; or
18        ii. Has graduated from a foreign RN or LPN/VN
19    prelicensure education program that (a) has been approved
20    by the authorized accrediting body in the applicable
21    country and (b) has been verified by an independent
22    credentials review agency to be comparable to a licensing
23    board-approved prelicensure education program;
24        3. Has, if a graduate of a foreign prelicensure
25    education program not taught in English or if English is
26    not the individual's native language, successfully passed



HB4988- 20 -LRB103 36089 SPS 66178 b

1    an English proficiency examination that includes the
2    components of reading, speaking, writing and listening;
3        4. Has successfully passed an NCLEX-RN® or NCLEX-PN®
4    Examination or recognized predecessor, as applicable;
5        5. Is eligible for or holds an active, unencumbered
6    license;
7        6. Has submitted, in connection with an application
8    for initial licensure or licensure by endorsement,
9    fingerprints or other biometric data for the purpose of
10    obtaining criminal history record information from the
11    Federal Bureau of Investigation and the agency responsible
12    for retaining that state's criminal records;
13        7. Has not been convicted or found guilty, or has
14    entered into an agreed disposition, of a felony offense
15    under applicable state or federal criminal law;
16        8. Has not been convicted or found guilty, or has
17    entered into an agreed disposition, of a misdemeanor
18    offense related to the practice of nursing as determined
19    on a case-by-case basis;
20        9. Is not currently enrolled in an alternative
21    program;
22        10. Is subject to self-disclosure requirements
23    regarding current participation in an alternative program;
24    and
25        11. Has a valid United States Social Security number.
26    d. All party states shall be authorized, in accordance



HB4988- 21 -LRB103 36089 SPS 66178 b

1with existing state due process law, to take adverse action
2against a nurse's multistate licensure privilege such as
3revocation, suspension, probation or any other action that
4affects a nurse's authorization to practice under a multistate
5licensure privilege, including cease and desist actions. If a
6party state takes such action, it shall promptly notify the
7administrator of the coordinated licensure information system.
8The administrator of the coordinated licensure information
9system shall promptly notify the home state of any such
10actions by remote states.
11    e. A nurse practicing in a party state must comply with the
12state practice laws of the state in which the client is located
13at the time service is provided. The practice of nursing is not
14limited to patient care, but shall include all nursing
15practice as defined by the state practice laws of the party
16state in which the client is located. The practice of nursing
17in a party state under a multistate licensure privilege will
18subject a nurse to the jurisdiction of the licensing board,
19the courts and the laws of the party state in which the client
20is located at the time service is provided.
21    f. Individuals not residing in a party state shall
22continue to be able to apply for a party state's single-state
23license as provided under the laws of each party state.
24However, the single-state license granted to these individuals
25will not be recognized as granting the privilege to practice
26nursing in any other party state. Nothing in this Compact



HB4988- 22 -LRB103 36089 SPS 66178 b

1shall affect the requirements established by a party state for
2the issuance of a single-state license.
3    g. Any nurse holding a home state multistate license, on
4the effective date of this Compact, may retain and renew the
5multistate license issued by the nurse's then-current home
6state, provided that:
7        1. A nurse, who changes primary state of residence
8    after this Compact's effective date, must meet all
9    applicable Article III.c. requirements to obtain a
10    multistate license from a new home state.
11        2. A nurse who fails to satisfy the multistate
12    licensure requirements in Article III.c. due to a
13    disqualifying event occurring after this Compact's
14    effective date shall be ineligible to retain or renew a
15    multistate license, and the nurse's multistate license
16    shall be revoked or deactivated in accordance with
17    applicable rules adopted by the Interstate Commission of
18    Nurse Licensure Compact Administrators ("Commission").
Applications for Licensure in a Party State

21    a. Upon application for a multistate license, the
22licensing board in the issuing party state shall ascertain,
23through the coordinated licensure information system, whether
24the applicant has ever held, or is the holder of, a license



HB4988- 23 -LRB103 36089 SPS 66178 b

1issued by any other state, whether there are any encumbrances
2on any license or multistate licensure privilege held by the
3applicant, whether any adverse action has been taken against
4any license or multistate licensure privilege held by the
5applicant and whether the applicant is currently participating
6in an alternative program.
7    b. A nurse may hold a multistate license, issued by the
8home state, in only one party state at a time.
9    c. If a nurse changes primary state of residence by moving
10between two party states, the nurse must apply for licensure
11in the new home state, and the multistate license issued by the
12prior home state will be deactivated in accordance with
13applicable rules adopted by the Commission.
14        1. The nurse may apply for licensure in advance of a
15    change in primary state of residence.
16        2. A multistate license shall not be issued by the new
17    home state until the nurse provides satisfactory evidence
18    of a change in primary state of residence to the new home
19    state and satisfies all applicable requirements to obtain
20    a multistate license from the new home state.
21    d. If a nurse changes primary state of residence by moving
22from a party state to a non-party state, the multistate
23license issued by the prior home state will convert to a
24single-state license, valid only in the former home state.



HB4988- 24 -LRB103 36089 SPS 66178 b

Additional Authorities Invested in Party State Licensing

3    a. In addition to the other powers conferred by state law,
4a licensing board shall have the authority to:
5        1. Take adverse action against a nurse's multistate
6    licensure privilege to practice within that party state.
7            i. Only the home state shall have the power to take
8        adverse action against a nurse's license issued by the
9        home state.
10            ii. For purposes of taking adverse action, the
11        home state licensing board shall give the same
12        priority and effect to reported conduct received from
13        a remote state as it would if such conduct had occurred
14        within the home state. In so doing, the home state
15        shall apply its own state laws to determine
16        appropriate action.
17        2. Issue cease and desist orders or impose an
18    encumbrance on a nurse's authority to practice within that
19    party state.
20        3. Complete any pending investigations of a nurse who
21    changes primary state of residence during the course of
22    such investigations. The licensing board shall also have
23    the authority to take appropriate action(s) and shall
24    promptly report the conclusions of such investigations to
25    the administrator of the coordinated licensure information



HB4988- 25 -LRB103 36089 SPS 66178 b

1    system. The administrator of the coordinated licensure
2    information system shall promptly notify the new home
3    state of any such actions.
4        4. Issue subpoenas for both hearings and
5    investigations that require the attendance and testimony
6    of witnesses, as well as, the production of evidence.
7    Subpoenas issued by a licensing board in a party state for
8    the attendance and testimony of witnesses or the
9    production of evidence from another party state shall be
10    enforced in the latter state by any court of competent
11    jurisdiction, according to the practice and procedure of
12    that court applicable to subpoenas issued in proceedings
13    pending before it. The issuing authority shall pay any
14    witness fees, travel expenses, mileage and other fees
15    required by the service statutes of the state in which the
16    witnesses or evidence are located.
17        5. Obtain and submit, for each nurse licensure
18    applicant, fingerprint or other biometric-based
19    information to the Federal Bureau of Investigation for
20    criminal background checks, receive the results of the
21    Federal Bureau of Investigation record search on criminal
22    background checks and use the results in making licensure
23    decisions.
24        6. If otherwise permitted by state law, recover from
25    the affected nurse the costs of investigations and
26    disposition of cases resulting from any adverse action



HB4988- 26 -LRB103 36089 SPS 66178 b

1    taken against that nurse.
2        7. Take adverse action based on the factual findings
3    of the remote state, provided that the licensing board
4    follows its own procedures for taking such adverse action.
5    b. If adverse action is taken by the home state against a
6nurse's multistate license, the nurse's multistate licensure
7privilege to practice in all other party states shall be
8deactivated until all encumbrances have been removed from the
9multistate license. All home state disciplinary orders that
10impose adverse action against a nurse's multistate license
11shall include a statement that the nurse's multistate
12licensure privilege is deactivated in all party states during
13the pendency of the order.
14    c. Nothing in this Compact shall override a party state's
15decision that participation in an alternative program may be
16used in lieu of adverse action. The home state licensing board
17shall deactivate the multistate licensure privilege under the
18multistate license of any nurse for the duration of the
19nurse's participation in an alternative program.
Coordinated Licensure Information System and Exchange of

23    a. All party states shall participate in a coordinated
24licensure information system of all licensed registered nurses



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1(RNs) and licensed practical/vocational nurses (LPNs/VNs).
2This system will include information on the licensure and
3disciplinary history of each nurse, as submitted by party
4states, to assist in the coordination of nurse licensure and
5enforcement efforts.
6    b. The Commission, in consultation with the administrator
7of the coordinated licensure information system, shall
8formulate necessary and proper procedures for the
9identification, collection and exchange of information under
10this Compact.
11    c. All licensing boards shall promptly report to the
12coordinated licensure information system any adverse action,
13any current significant investigative information, denials of
14applications (with the reasons for such denials) and nurse
15participation in alternative programs known to the licensing
16board regardless of whether such participation is deemed
17nonpublic or confidential under state law.
18    d. Current significant investigative information and
19participation in nonpublic or confidential alternative
20programs shall be transmitted through the coordinated
21licensure information system only to party state licensing
23    e. Notwithstanding any other provision of law, all party
24state licensing boards contributing information to the
25coordinated licensure information system may designate
26information that may not be shared with non-party states or



HB4988- 28 -LRB103 36089 SPS 66178 b

1disclosed to other entities or individuals without the express
2permission of the contributing state.
3    f. Any personally identifiable information obtained from
4the coordinated licensure information system by a party state
5licensing board shall not be shared with non-party states or
6disclosed to other entities or individuals except to the
7extent permitted by the laws of the party state contributing
8the information.
9    g. Any information contributed to the coordinated
10licensure information system that is subsequently required to
11be expunged by the laws of the party state contributing that
12information shall also be expunged from the coordinated
13licensure information system.
14    h. The Compact administrator of each party state shall
15furnish a uniform data set to the Compact administrator of
16each other party state, which shall include, at a minimum:
17        1. Identifying information;
18        2. Licensure data;
19        3. Information related to alternative program
20    participation; and
21        4. Other information that may facilitate the
22    administration of this Compact, as determined by
23    Commission rules.
24    i. The Compact administrator of a party state shall
25provide all investigative documents and information requested
26by another party state.



HB4988- 29 -LRB103 36089 SPS 66178 b

Establishment of the Interstate Commission of Nurse Licensure
Compact Administrators

4    a. The party states hereby create and establish a joint
5public entity known as the Interstate Commission of Nurse
6Licensure Compact Administrators.
7        1. The Commission is an instrumentality of the party
8    states.
9        2. Venue is proper, and judicial proceedings by or
10    against the Commission shall be brought solely and
11    exclusively, in a court of competent jurisdiction where
12    the principal office of the Commission is located. The
13    Commission may waive venue and jurisdictional defenses to
14    the extent it adopts or consents to participate in
15    alternative dispute resolution proceedings.
16        3. Nothing in this Compact shall be construed to be a
17    waiver of sovereign immunity.
18    b. Membership, Voting and Meetings
19        1. Each party state shall have and be limited to one
20    administrator. The head of the state licensing board or
21    designee shall be the administrator of this Compact for
22    each party state. Any administrator may be removed or
23    suspended from office as provided by the law of the state
24    from which the Administrator is appointed. Any vacancy



HB4988- 30 -LRB103 36089 SPS 66178 b

1    occurring in the Commission shall be filled in accordance
2    with the laws of the party state in which the vacancy
3    exists.
4        2. Each administrator shall be entitled to one (1)
5    vote with regard to the promulgation of rules and creation
6    of bylaws and shall otherwise have an opportunity to
7    participate in the business and affairs of the Commission.
8    An administrator shall vote in person or by such other
9    means as provided in the bylaws. The bylaws may provide
10    for an administrator's participation in meetings by
11    telephone or other means of communication.
12        3. The Commission shall meet at least once during each
13    calendar year. Additional meetings shall be held as set
14    forth in the bylaws or rules of the commission.
15        4. All meetings shall be open to the public, and
16    public notice of meetings shall be given in the same
17    manner as required under the rulemaking provisions in
18    Article VIII.
19        5. The Commission may convene in a closed, nonpublic
20    meeting if the Commission must discuss:
21            i. Noncompliance of a party state with its
22        obligations under this Compact;
23            ii. The employment, compensation, discipline or
24        other personnel matters, practices or procedures
25        related to specific employees or other matters related
26        to the Commission's internal personnel practices and



HB4988- 31 -LRB103 36089 SPS 66178 b

1        procedures;
2            iii. Current, threatened or reasonably anticipated
3        litigation;
4            iv. Negotiation of contracts for the purchase or
5        sale of goods, services or real estate;
6            v. Accusing any person of a crime or formally
7        censuring any person;
8            vi. Disclosure of trade secrets or commercial or
9        financial information that is privileged or
10        confidential;
11            vii. Disclosure of information of a personal
12        nature where disclosure would constitute a clearly
13        unwarranted invasion of personal privacy;
14            viii. Disclosure of investigatory records compiled
15        for law enforcement purposes;
16            ix. Disclosure of information related to any
17        reports prepared by or on behalf of the Commission for
18        the purpose of investigation of compliance with this
19        Compact; or
20            x. Matters specifically exempted from disclosure
21        by federal or state statute.
22        6. If a meeting, or portion of a meeting, is closed
23    pursuant to this provision, the Commission's legal counsel
24    or designee shall certify that the meeting may be closed
25    and shall reference each relevant exempting provision. The
26    Commission shall keep minutes that fully and clearly



HB4988- 32 -LRB103 36089 SPS 66178 b

1    describe all matters discussed in a meeting and shall
2    provide a full and accurate summary of actions taken, and
3    the reasons therefor, including a description of the views
4    expressed. All documents considered in connection with an
5    action shall be identified in such minutes. All minutes
6    and documents of a closed meeting shall remain under seal,
7    subject to release by a majority vote of the Commission or
8    order of a court of competent jurisdiction.
9    c. The Commission shall, by a majority vote of the
10administrators, prescribe bylaws or rules to govern its
11conduct as may be necessary or appropriate to carry out the
12purposes and exercise the powers of this Compact, including
13but not limited to:
14        1. Establishing the fiscal year of the Commission;
15        2. Providing reasonable standards and procedures:
16            i. For the establishment and meetings of other
17        committees; and
18            ii. Governing any general or specific delegation
19        of any authority or function of the Commission;
20        3. Providing reasonable procedures for calling and
21    conducting meetings of the Commission, ensuring reasonable
22    advance notice of all meetings and providing an
23    opportunity for attendance of such meetings by interested
24    parties, with enumerated exceptions designed to protect
25    the public's interest, the privacy of individuals, and
26    proprietary information, including trade secrets. The



HB4988- 33 -LRB103 36089 SPS 66178 b

1    Commission may meet in closed session only after a
2    majority of the administrators vote to close a meeting in
3    whole or in part. As soon as practicable, the Commission
4    must make public a copy of the vote to close the meeting
5    revealing the vote of each administrator, with no proxy
6    votes allowed;
7        4. Establishing the titles, duties and authority and
8    reasonable procedures for the election of the officers of
9    the Commission;
10        5. Providing reasonable standards and procedures for
11    the establishment of the personnel policies and programs
12    of the Commission. Notwithstanding any civil service or
13    other similar laws of any party state, the bylaws shall
14    exclusively govern the personnel policies and programs of
15    the Commission; and
16        6. Providing a mechanism for winding up the operations
17    of the Commission and the equitable disposition of any
18    surplus funds that may exist after the termination of this
19    Compact after the payment or reserving of all of its debts
20    and obligations;
21    d. The Commission shall publish its bylaws and rules, and
22any amendments thereto, in a convenient form on the website of
23the Commission.
24    e. The Commission shall maintain its financial records in
25accordance with the bylaws.
26    f. The Commission shall meet and take such actions as are



HB4988- 34 -LRB103 36089 SPS 66178 b

1consistent with the provisions of this Compact and the bylaws.
2    g. The Commission shall have the following powers:
3        1. To promulgate uniform rules to facilitate and
4    coordinate implementation and administration of this
5    Compact. The rules shall have the force and effect of law
6    and shall be binding in all party states;
7        2. To bring and prosecute legal proceedings or actions
8    in the name of the Commission, provided that the standing
9    of any licensing board to sue or be sued under applicable
10    law shall not be affected;
11        3. To purchase and maintain insurance and bonds;
12        4. To borrow, accept or contract for services of
13    personnel, including, but not limited to, employees of a
14    party state or nonprofit organizations;
15        5. To cooperate with other organizations that
16    administer state compacts related to the regulation of
17    nursing, including but not limited to sharing
18    administrative or staff expenses, office space or other
19    resources;
20        6. To hire employees, elect or appoint officers, fix
21    compensation, define duties, grant such individuals
22    appropriate authority to carry out the purposes of this
23    Compact, and to establish the Commission's personnel
24    policies and programs relating to conflicts of interest,
25    qualifications of personnel and other related personnel
26    matters;



HB4988- 35 -LRB103 36089 SPS 66178 b

1        7. To accept any and all appropriate donations, grants
2    and gifts of money, equipment, supplies, materials and
3    services, and to receive, utilize and dispose of the same;
4    provided that at all times the Commission shall avoid any
5    appearance of impropriety or conflict of interest;
6        8. To lease, purchase, accept appropriate gifts or
7    donations of, or otherwise to own, hold, improve or use,
8    any property, whether real, personal or mixed; provided
9    that at all times the Commission shall avoid any
10    appearance of impropriety;
11        9. To sell, convey, mortgage, pledge, lease, exchange,
12    abandon or otherwise dispose of any property, whether
13    real, personal or mixed;
14        10. To establish a budget and make expenditures;
15        11. To borrow money;
16        12. To appoint committees, including advisory
17    committees comprised of administrators, state nursing
18    regulators, state legislators or their representatives,
19    and consumer representatives, and other such interested
20    persons;
21        13. To provide and receive information from, and to
22    cooperate with, law enforcement agencies;
23        14. To adopt and use an official seal; and
24        15. To perform such other functions as may be
25    necessary or appropriate to achieve the purposes of this
26    Compact consistent with the state regulation of nurse



HB4988- 36 -LRB103 36089 SPS 66178 b

1    licensure and practice.
2    h. Financing of the Commission
3        1. The Commission shall pay, or provide for the
4    payment of, the reasonable expenses of its establishment,
5    organization and ongoing activities.
6        2. The Commission may also levy on and collect an
7    annual assessment from each party state to cover the cost
8    of its operations, activities and staff in its annual
9    budget as approved each year. The aggregate annual
10    assessment amount, if any, shall be allocated based upon a
11    formula to be determined by the Commission, which shall
12    promulgate a rule that is binding upon all party states.
13        3. The Commission shall not incur obligations of any
14    kind prior to securing the funds adequate to meet the
15    same; nor shall the Commission pledge the credit of any of
16    the party states, except by, and with the authority of,
17    such party state.
18        4. The Commission shall keep accurate accounts of all
19    receipts and disbursements. The receipts and disbursements
20    of the Commission shall be subject to the audit and
21    accounting procedures established under its bylaws.
22    However, all receipts and disbursements of funds handled
23    by the Commission shall be audited yearly by a certified
24    or licensed public accountant, and the report of the audit
25    shall be included in and become part of the annual report
26    of the Commission.



HB4988- 37 -LRB103 36089 SPS 66178 b

1    i. Qualified Immunity, Defense and Indemnification
2        1. The administrators, officers, executive director,
3    employees and representatives of the Commission shall be
4    immune from suit and liability, either personally or in
5    their official capacity, for any claim for damage to or
6    loss of property or personal injury or other civil
7    liability caused by or arising out of any actual or
8    alleged act, error or omission that occurred, or that the
9    person against whom the claim is made had a reasonable
10    basis for believing occurred, within the scope of
11    Commission employment, duties or responsibilities;
12    provided that nothing in this paragraph shall be construed
13    to protect any such person from suit or liability for any
14    damage, loss, injury or liability caused by the
15    intentional, willful or wanton misconduct of that person.
16        2. The Commission shall defend any administrator,
17    officer, executive director, employee or representative of
18    the Commission in any civil action seeking to impose
19    liability arising out of any actual or alleged act, error
20    or omission that occurred within the scope of Commission
21    employment, duties or responsibilities, or that the person
22    against whom the claim is made had a reasonable basis for
23    believing occurred within the scope of Commission
24    employment, duties or responsibilities; provided that
25    nothing herein shall be construed to prohibit that person
26    from retaining his or her own counsel; and provided



HB4988- 38 -LRB103 36089 SPS 66178 b

1    further that the actual or alleged act, error or omission
2    did not result from that person's intentional, willful or
3    wanton misconduct.
4        3. The Commission shall indemnify and hold harmless
5    any administrator, officer, executive director, employee
6    or representative of the Commission for the amount of any
7    settlement or judgment obtained against that person
8    arising out of any actual or alleged act, error or
9    omission that occurred within the scope of Commission
10    employment, duties or responsibilities, or that such
11    person had a reasonable basis for believing occurred
12    within the scope of Commission employment, duties or
13    responsibilities, provided that the actual or alleged act,
14    error or omission did not result from the intentional,
15    willful or wanton misconduct of that person.

18    a. The Commission shall exercise its rulemaking powers
19pursuant to the criteria set forth in this Article and the
20rules adopted thereunder. Rules and amendments shall become
21binding as of the date specified in each rule or amendment and
22shall have the same force and effect as provisions of this
24    b. Rules or amendments to the rules shall be adopted at a



HB4988- 39 -LRB103 36089 SPS 66178 b

1regular or special meeting of the Commission.
2    c. Prior to promulgation and adoption of a final rule or
3rules by the Commission, and at least sixty (60) days in
4advance of the meeting at which the rule will be considered and
5voted upon, the Commission shall file a notice of proposed
7        1. On the website of the Commission; and
8        2. On the website of each licensing board or the
9    publication in which each state would otherwise publish
10    proposed rules.
11    d. The notice of proposed rulemaking shall include:
12        1. The proposed time, date and location of the meeting
13    in which the rule will be considered and voted upon;
14        2. The text of the proposed rule or amendment, and the
15    reason for the proposed rule;
16        3. A request for comments on the proposed rule from
17    any interested person; and
18        4. The manner in which interested persons may submit
19    notice to the Commission of their intention to attend the
20    public hearing and any written comments.
21    e. Prior to adoption of a proposed rule, the Commission
22shall allow persons to submit written data, facts, opinions
23and arguments, which shall be made available to the public.
24    f. The Commission shall grant an opportunity for a public
25hearing before it adopts a rule or amendment.
26    g. The Commission shall publish the place, time and date



HB4988- 40 -LRB103 36089 SPS 66178 b

1of the scheduled public hearing.
2        1. Hearings shall be conducted in a manner providing
3    each person who wishes to comment a fair and reasonable
4    opportunity to comment orally or in writing. All hearings
5    will be recorded, and a copy will be made available upon
6    request.
7        2. Nothing in this section shall be construed as
8    requiring a separate hearing on each rule. Rules may be
9    grouped for the convenience of the Commission at hearings
10    required by this section.
11    h. If no one appears at the public hearing, the Commission
12may proceed with promulgation of the proposed rule.
13    i. Following the scheduled hearing date, or by the close
14of business on the scheduled hearing date if the hearing was
15not held, the Commission shall consider all written and oral
16comments received.
17    j. The Commission shall, by majority vote of all
18administrators, take final action on the proposed rule and
19shall determine the effective date of the rule, if any, based
20on the rulemaking record and the full text of the rule.
21    k. Upon determination that an emergency exists, the
22Commission may consider and adopt an emergency rule without
23prior notice, opportunity for comment or hearing, provided
24that the usual rulemaking procedures provided in this Compact
25and in this section shall be retroactively applied to the rule
26as soon as reasonably possible, in no event later than ninety



HB4988- 41 -LRB103 36089 SPS 66178 b

1(90) days after the effective date of the rule. For the
2purposes of this provision, an emergency rule is one that must
3be adopted immediately in order to:
4        1. Meet an imminent threat to public health, safety or
5    welfare;
6        2. Prevent a loss of Commission or party state funds;
7    or
8        3. Meet a deadline for the promulgation of an
9    administrative rule that is required by federal law or
10    rule.
11    l. The Commission may direct revisions to a previously
12adopted rule or amendment for purposes of correcting
13typographical errors, errors in format, errors in consistency
14or grammatical errors. Public notice of any revisions shall be
15posted on the website of the Commission. The revision shall be
16subject to challenge by any person for a period of thirty (30)
17days after posting. The revision may be challenged only on
18grounds that the revision results in a material change to a
19rule. A challenge shall be made in writing, and delivered to
20the Commission, prior to the end of the notice period. If no
21challenge is made, the revision will take effect without
22further action. If the revision is challenged, the revision
23may not take effect without the approval of the Commission.
Oversight, Dispute Resolution and Enforcement




HB4988- 42 -LRB103 36089 SPS 66178 b

1    a. Oversight
2        1. Each party state shall enforce this Compact and
3    take all actions necessary and appropriate to effectuate
4    this Compact's purposes and intent.
5        2. The Commission shall be entitled to receive service
6    of process in any proceeding that may affect the powers,
7    responsibilities or actions of the Commission, and shall
8    have standing to intervene in such a proceeding for all
9    purposes. Failure to provide service of process in such
10    proceeding to the Commission shall render a judgment or
11    order void as to the Commission, this Compact or
12    promulgated rules.
13    b. Default, Technical Assistance and Termination
14        1. If the Commission determines that a party state has
15    defaulted in the performance of its obligations or
16    responsibilities under this Compact or the promulgated
17    rules, the Commission shall:
18            i. Provide written notice to the defaulting state
19        and other party states of the nature of the default,
20        the proposed means of curing the default or any other
21        action to be taken by the Commission; and
22            ii. Provide remedial training and specific
23        technical assistance regarding the default.
24        2. If a state in default fails to cure the default, the
25    defaulting state's membership in this Compact may be



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1    terminated upon an affirmative vote of a majority of the
2    administrators, and all rights, privileges and benefits
3    conferred by this Compact may be terminated on the
4    effective date of termination. A cure of the default does
5    not relieve the offending state of obligations or
6    liabilities incurred during the period of default.
7        3. Termination of membership in this Compact shall be
8    imposed only after all other means of securing compliance
9    have been exhausted. Notice of intent to suspend or
10    terminate shall be given by the Commission to the governor
11    of the defaulting state and to the executive officer of
12    the defaulting state's licensing board and each of the
13    party states.
14        4. A state whose membership in this Compact has been
15    terminated is responsible for all assessments, obligations
16    and liabilities incurred through the effective date of
17    termination, including obligations that extend beyond the
18    effective date of termination.
19        5. The Commission shall not bear any costs related to
20    a state that is found to be in default or whose membership
21    in this Compact has been terminated unless agreed upon in
22    writing between the Commission and the defaulting state.
23        6. The defaulting state may appeal the action of the
24    Commission by petitioning the U.S. District Court for the
25    District of Columbia or the federal district in which the
26    Commission has its principal offices. The prevailing party



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1    shall be awarded all costs of such litigation, including
2    reasonable attorneys' fees.
3    c. Dispute Resolution
4        1. Upon request by a party state, the Commission shall
5    attempt to resolve disputes related to the Compact that
6    arise among party states and between party and non-party
7    states.
8        2. The Commission shall promulgate a rule providing
9    for both mediation and binding dispute resolution for
10    disputes, as appropriate.
11        3. In the event the Commission cannot resolve disputes
12    among party states arising under this Compact:
13            i. The party states may submit the issues in
14        dispute to an arbitration panel, which will be
15        comprised of individuals appointed by the Compact
16        administrator in each of the affected party states and
17        an individual mutually agreed upon by the Compact
18        administrators of all the party states involved in the
19        dispute.
20            ii. The decision of a majority of the arbitrators
21        shall be final and binding.
22    d. Enforcement
23        1. The Commission, in the reasonable exercise of its
24    discretion, shall enforce the provisions and rules of this
25    Compact.
26        2. By majority vote, the Commission may initiate legal



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1    action in the U.S. District Court for the District of
2    Columbia or the federal district in which the Commission
3    has its principal offices against a party state that is in
4    default to enforce compliance with the provisions of this
5    Compact and its promulgated rules and bylaws. The relief
6    sought may include both injunctive relief and damages. In
7    the event judicial enforcement is necessary, the
8    prevailing party shall be awarded all costs of such
9    litigation, including reasonable attorneys' fees.
10        3. The remedies herein shall not be the exclusive
11    remedies of the Commission. The Commission may pursue any
12    other remedies available under federal or state law.
Effective Date, Withdrawal and Amendment

15    a. This Compact shall become effective and binding on the
16earlier of the date of legislative enactment of this Compact
17into law by no less than twenty-six (26) states or December 31,
182018. All party states to this Compact, that also were parties
19to the prior Nurse Licensure Compact, superseded by this
20Compact, ("Prior Compact"), shall be deemed to have withdrawn
21from said Prior Compact within six (6) months after the
22effective date of this Compact.
23    b. Each party state to this Compact shall continue to
24recognize a nurse's multistate licensure privilege to practice



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1in that party state issued under the Prior Compact until such
2party state has withdrawn from the Prior Compact.
3    c. Any party state may withdraw from this Compact by
4enacting a statute repealing the same. A party state's
5withdrawal shall not take effect until six (6) months after
6enactment of the repealing statute.
7    d. A party state's withdrawal or termination shall not
8affect the continuing requirement of the withdrawing or
9terminated state's licensing board to report adverse actions
10and significant investigations occurring prior to the
11effective date of such withdrawal or termination.
12    e. Nothing contained in this Compact shall be construed to
13invalidate or prevent any nurse licensure agreement or other
14cooperative arrangement between a party state and a non-party
15state that is made in accordance with the other provisions of
16this Compact.
17    f. This Compact may be amended by the party states. No
18amendment to this Compact shall become effective and binding
19upon the party states unless and until it is enacted into the
20laws of all party states.
21    g. Representatives of non-party states to this Compact
22shall be invited to participate in the activities of the
23Commission, on a nonvoting basis, prior to the adoption of
24this Compact by all states.



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Construction and Severability

2This Compact shall be liberally construed so as to effectuate
3the purposes thereof. The provisions of this Compact shall be
4severable, and if any phrase, clause, sentence or provision of
5this Compact is declared to be contrary to the constitution of
6any party state or of the United States, or if the
7applicability thereof to any government, agency, person or
8circumstance is held invalid, the validity of the remainder of
9this Compact and the applicability thereof to any government,
10agency, person or circumstance shall not be affected thereby.
11If this Compact shall be held to be contrary to the
12constitution of any party state, this Compact shall remain in
13full force and effect as to the remaining party states and in
14full force and effect as to the party state affected as to all
15severable matters.
16    (225 ILCS 65/85-10 new)
17    Sec. 85-10. State labor laws. The Nurse Licensure Compact
18does not supersede existing State labor laws.
19    (225 ILCS 65/85-15 new)
20    Sec. 85-15. Criminal history record checks. The State may
21not share with or disclose to the Interstate Commission of
22Nurse Licensure Compact Administrators or any other state any
23of the contents of a nationwide criminal history records check



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1conducted for the purpose of multistate licensure under the
2Nurse Licensure Compact.