Illinois General Assembly - Full Text of SB2214
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Full Text of SB2214  99th General Assembly




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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 adding
5Article 85 as follows:
6    (225 ILCS 65/Art. 85 heading new)

8    (225 ILCS 65/85-5 new)
9    Sec. 85-5. Nurse Licensure Compact. The State of Illinois
10ratifies and approves the following Compact:
Findings and Declaration of Purpose

13    a. The party states find that:
14        1. The health and safety of the public are affected by
15    the degree of compliance with and the effectiveness of
16    enforcement activities related to state nurse licensure
17    laws;
18        2. Violations of nurse licensure and other laws
19    regulating the practice of nursing may result in injury or
20    harm to the public;



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1        3. The expanded mobility of nurses and the use of
2    advanced communication technologies as part of our
3    nation's health care delivery system require greater
4    coordination and cooperation among states in the areas of
5    nurse licensure and regulation;
6        4. New practice modalities and technology make
7    compliance with individual state nurse licensure laws
8    difficult and complex;
9        5. The current system of duplicative licensure for
10    nurses practicing in multiple states is cumbersome and
11    redundant for both nurses and states; and
12        6. Uniformity of nurse licensure requirements
13    throughout the states promotes public safety and public
14    health benefits.
15    b. The general purposes of this Compact are to:
16        1. Facilitate the states' responsibility to protect
17    the public's health and safety;
18        2. Ensure and encourage the cooperation of party states
19    in the areas of nurse licensure and regulation;
20        3. Facilitate the exchange of information between
21    party states in the areas of nurse regulation,
22    investigation and adverse actions;
23        4. Promote compliance with the laws governing the
24    practice of nursing in each jurisdiction;
25        5. Invest all party states with the authority to hold a
26    nurse accountable for meeting all state practice laws in



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1    the state in which the patient is located at the time care
2    is rendered through the mutual recognition of party state
3    licenses;
4        6. Decrease redundancies in the consideration and
5    issuance of nurse licenses; and
6        7. Provide opportunities for interstate practice by
7    nurses who meet uniform licensure requirements.

10    As used in this Compact:
11        a. "Adverse action" means any administrative, civil,
12    equitable or criminal action permitted by a state's laws
13    which is imposed by a licensing board or other authority
14    against a nurse, including actions against an individual's
15    license or multistate licensure privilege such as
16    revocation, suspension, probation, monitoring of the
17    licensee, limitation on the licensee's practice, or any
18    other encumbrance on licensure affecting a nurse's
19    authorization to practice, including issuance of a cease
20    and desist action.
21        b. "Alternative program" means a non-disciplinary
22    monitoring program approved by a licensing board.
23        c. "Coordinated licensure information system" means an
24    integrated process for collecting, storing and sharing



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1    information on nurse licensure and enforcement activities
2    related to nurse licensure laws that is administered by a
3    nonprofit organization composed of and controlled by
4    licensing boards.
5        d. "Current significant investigative information"
6    means:
7            1. Investigative information that a licensing
8        board, after a preliminary inquiry that includes
9        notification and an opportunity for the nurse to
10        respond, if required by state law, has reason to
11        believe is not groundless and, if proved true, would
12        indicate more than a minor infraction; or
13            2. Investigative information that indicates that
14        the nurse represents an immediate threat to public
15        health and safety regardless of whether the nurse has
16        been notified and had an opportunity to respond.
17        e. "Encumbrance" means a revocation or suspension of,
18    or any limitation on, the full and unrestricted practice of
19    nursing imposed by a licensing board.
20        f. "Home state" means the party state which is the
21    nurse's primary state of residence.
22        g. "Licensing board" means a party state's regulatory
23    body responsible for issuing nurse licenses.
24        h. "Multistate license" means a license to practice as
25    a registered or a licensed practical/vocational nurse
26    (LPN/VN) issued by a home state licensing board that



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1    authorizes the licensed nurse to practice in all party
2    states under a multistate licensure privilege.
3        i. "Multistate licensure privilege" means a legal
4    authorization associated with a multistate license
5    permitting the practice of nursing as either a registered
6    nurse (RN) or LPN/VN in a remote state.
7        j. "Nurse" means RN or LPN/VN, as those terms are
8    defined by each party state's practice laws.
9        k. "Party state" means any state that has adopted this
10    Compact.
11        l. "Remote state" means a party state, other than the
12    home state.
13        m. "Single-state license" means a nurse license issued
14    by a party state that authorizes practice only within the
15    issuing state and does not include a multistate licensure
16    privilege to practice in any other party state.
17        n. "State" means a state, territory or possession of
18    the United States and the District of Columbia.
19        o. "State practice laws" means a party state's laws,
20    rules and regulations that govern the practice of nursing,
21    define the scope of nursing practice, and create the
22    methods and grounds for imposing discipline. "State
23    practice laws" do not include requirements necessary to
24    obtain and retain a license, except for qualifications or
25    requirements of the home state.



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General Provisions and Jurisdiction

3    a. A multistate license to practice registered or licensed
4practical/vocational nursing issued by a home state to a
5resident in that state will be recognized by each party state
6as authorizing a nurse to practice as a registered nurse (RN)
7or as a licensed practical/vocational nurse (LPN/VN), under a
8multistate licensure privilege, in each party state.
9    b. A state must implement procedures for considering the
10criminal history records of applicants for initial multistate
11license or licensure by endorsement. Such procedures shall
12include the submission of fingerprints or other
13biometric-based information by applicants for the purpose of
14obtaining an applicant's criminal history record information
15from the Federal Bureau of Investigation and the agency
16responsible for retaining that state's criminal records.
17    c. Each party state shall require the following for an
18applicant to obtain or retain a multistate license in the home
20        1. Meets the home state's qualifications for licensure
21    or renewal of licensure, as well as, all other applicable
22    state laws;
23        2. i. Has graduated or is eligible to graduate from a
24    licensing board-approved RN or LPN/VN prelicensure
25    education program; or



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1        ii. Has graduated from a foreign RN or LPN/VN
2    prelicensure education program that (a) has been approved
3    by the authorized accrediting body in the applicable
4    country and (b) has been verified by an independent
5    credentials review agency to be comparable to a licensing
6    board-approved prelicensure education program;
7        3. Has, if a graduate of a foreign prelicensure
8    education program not taught in English or if English is
9    not the individual's native language, successfully passed
10    an English proficiency examination that includes the
11    components of reading, speaking, writing and listening;
12        4. Has successfully passed an NCLEX-RN® or NCLEX-PN®
13    Examination or recognized predecessor, as applicable;
14        5. Is eligible for or holds an active, unencumbered
15    license;
16        6. Has submitted, in connection with an application for
17    initial licensure or licensure by endorsement,
18    fingerprints or other biometric data for the purpose of
19    obtaining criminal history record information from the
20    Federal Bureau of Investigation and the agency responsible
21    for retaining that state's criminal records;
22        7. Has not been convicted or found guilty, or has
23    entered into an agreed disposition, of a felony offense
24    under applicable state or federal criminal law;
25        8. Has not been convicted or found guilty, or has
26    entered into an agreed disposition, of a misdemeanor



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1    offense related to the practice of nursing as determined on
2    a case-by-case basis;
3        9. Is not currently enrolled in an alternative program;
4        10. Is subject to self-disclosure requirements
5    regarding current participation in an alternative program;
6    and
7        11. Has a valid United States Social Security number.
8    d. All party states shall be authorized, in accordance with
9existing state due process law, to take adverse action against
10a nurse's multistate licensure privilege such as revocation,
11suspension, probation or any other action that affects a
12nurse's authorization to practice under a multistate licensure
13privilege, including cease and desist actions. If a party state
14takes such action, it shall promptly notify the administrator
15of the coordinated licensure information system. The
16administrator of the coordinated licensure information system
17shall promptly notify the home state of any such actions by
18remote states.
19    e. A nurse practicing in a party state must comply with the
20state practice laws of the state in which the client is located
21at the time service is provided. The practice of nursing is not
22limited to patient care, but shall include all nursing practice
23as defined by the state practice laws of the party state in
24which the client is located. The practice of nursing in a party
25state under a multistate licensure privilege will subject a
26nurse to the jurisdiction of the licensing board, the courts



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1and the laws of the party state in which the client is located
2at the time service is provided.
3    f. Individuals not residing in a party state shall continue
4to be able to apply for a party state's single-state license as
5provided under the laws of each party state. However, the
6single-state license granted to these individuals will not be
7recognized as granting the privilege to practice nursing in any
8other party state. Nothing in this Compact shall affect the
9requirements established by a party state for the issuance of a
10single-state license.
11    g. Any nurse holding a home state multistate license, on
12the effective date of this Compact, may retain and renew the
13multistate license issued by the nurse's then-current home
14state, provided that:
15        1. A nurse, who changes primary state of residence
16    after this Compact's effective date, must meet all
17    applicable Article III.c. requirements to obtain a
18    multistate license from a new home state.
19        2. A nurse who fails to satisfy the multistate
20    licensure requirements in Article III.c. due to a
21    disqualifying event occurring after this Compact's
22    effective date shall be ineligible to retain or renew a
23    multistate license, and the nurse's multistate license
24    shall be revoked or deactivated in accordance with
25    applicable rules adopted by the Interstate Commission of
26    Nurse Licensure Compact Administrators ("Commission").



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Applications for Licensure in a Party State

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



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1    state and satisfies all applicable requirements to obtain a
2    multistate license from the new home state.
3    d. If a nurse changes primary state of residence by moving
4from a party state to a non-party state, the multistate license
5issued by the prior home state will convert to a single-state
6license, valid only in the former home state.
Additional Authorities Invested in Party State Licensing

10    a. In addition to the other powers conferred by state law,
11a licensing board shall have the authority to:
12        1. Take adverse action against a nurse's multistate
13    licensure privilege to practice within that party state.
14            i. Only the home state shall have the power to take
15        adverse action against a nurse's license issued by the
16        home state.
17            ii. For purposes of taking adverse action, the home
18        state licensing board shall give the same priority and
19        effect to reported conduct received from a remote state
20        as it would if such conduct had occurred within the
21        home state. In so doing, the home state shall apply its
22        own state laws to determine appropriate action.
23        2. Issue cease and desist orders or impose an
24    encumbrance on a nurse's authority to practice within that



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1    party state.
2        3. Complete any pending investigations of a nurse who
3    changes primary state of residence during the course of
4    such investigations. The licensing board shall also have
5    the authority to take appropriate action(s) and shall
6    promptly report the conclusions of such investigations to
7    the administrator of the coordinated licensure information
8    system. The administrator of the coordinated licensure
9    information system shall promptly notify the new home state
10    of any such actions.
11        4. Issue subpoenas for both hearings and
12    investigations that require the attendance and testimony
13    of witnesses, as well as, the production of evidence.
14    Subpoenas issued by a licensing board in a party state for
15    the attendance and testimony of witnesses or the production
16    of evidence from another party state shall be enforced in
17    the latter state by any court of competent jurisdiction,
18    according to the practice and procedure of that court
19    applicable to subpoenas issued in proceedings pending
20    before it. The issuing authority shall pay any witness
21    fees, travel expenses, mileage and other fees required by
22    the service statutes of the state in which the witnesses or
23    evidence are located.
24        5. Obtain and submit, for each nurse licensure
25    applicant, fingerprint or other biometric-based
26    information to the Federal Bureau of Investigation for



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1    criminal background checks, receive the results of the
2    Federal Bureau of Investigation record search on criminal
3    background checks and use the results in making licensure
4    decisions.
5        6. If otherwise permitted by state law, recover from
6    the affected nurse the costs of investigations and
7    disposition of cases resulting from any adverse action
8    taken against that nurse.
9        7. Take adverse action based on the factual findings of
10    the remote state, provided that the licensing board follows
11    its own procedures for taking such adverse action.
12    b. If adverse action is taken by the home state against a
13nurse's multistate license, the nurse's multistate licensure
14privilege to practice in all other party states shall be
15deactivated until all encumbrances have been removed from the
16multistate license. All home state disciplinary orders that
17impose adverse action against a nurse's multistate license
18shall include a statement that the nurse's multistate licensure
19privilege is deactivated in all party states during the
20pendency of the order.
21    c. Nothing in this Compact shall override a party state's
22decision that participation in an alternative program may be
23used in lieu of adverse action. The home state licensing board
24shall deactivate the multistate licensure privilege under the
25multistate license of any nurse for the duration of the nurse's
26participation in an alternative program.



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Coordinated Licensure Information System and Exchange of

4    a. All party states shall participate in a coordinated
5licensure information system of all licensed registered nurses
6(RNs) and licensed practical/vocational nurses (LPNs/VNs).
7This system will include information on the licensure and
8disciplinary history of each nurse, as submitted by party
9states, to assist in the coordination of nurse licensure and
10enforcement efforts.
11    b. The Commission, in consultation with the administrator
12of the coordinated licensure information system, shall
13formulate necessary and proper procedures for the
14identification, collection and exchange of information under
15this Compact.
16    c. All licensing boards shall promptly report to the
17coordinated licensure information system any adverse action,
18any current significant investigative information, denials of
19applications (with the reasons for such denials) and nurse
20participation in alternative programs known to the licensing
21board regardless of whether such participation is deemed
22nonpublic or confidential under state law.
23    d. Current significant investigative information and
24participation in nonpublic or confidential alternative



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1programs shall be transmitted through the coordinated
2licensure information system only to party state licensing
4    e. Notwithstanding any other provision of law, all party
5state licensing boards contributing information to the
6coordinated licensure information system may designate
7information that may not be shared with non-party states or
8disclosed to other entities or individuals without the express
9permission of the contributing state.
10    f. Any personally identifiable information obtained from
11the coordinated licensure information system by a party state
12licensing board shall not be shared with non-party states or
13disclosed to other entities or individuals except to the extent
14permitted by the laws of the party state contributing the
16    g. Any information contributed to the coordinated
17licensure information system that is subsequently required to
18be expunged by the laws of the party state contributing that
19information shall also be expunged from the coordinated
20licensure information system.
21    h. The Compact administrator of each party state shall
22furnish a uniform data set to the Compact administrator of each
23other party state, which shall include, at a minimum:
24        1. Identifying information;
25        2. Licensure data;
26        3. Information related to alternative program



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1    participation; and
2        4. Other information that may facilitate the
3    administration of this Compact, as determined by
4    Commission rules.
5    i. The Compact administrator of a party state shall provide
6all investigative documents and information requested by
7another party state.
Establishment of the Interstate Commission of Nurse Licensure
Compact Administrators

11    a. The party states hereby create and establish a joint
12public entity known as the Interstate Commission of Nurse
13Licensure Compact Administrators.
14        1. The Commission is an instrumentality of the party
15    states.
16        2. Venue is proper, and judicial proceedings by or
17    against the Commission shall be brought solely and
18    exclusively, in a court of competent jurisdiction where the
19    principal office of the Commission is located. The
20    Commission may waive venue and jurisdictional defenses to
21    the extent it adopts or consents to participate in
22    alternative dispute resolution proceedings.
23        3. Nothing in this Compact shall be construed to be a
24    waiver of sovereign immunity.



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1    b. Membership, Voting and Meetings
2        1. Each party state shall have and be limited to one
3    administrator. The head of the state licensing board or
4    designee shall be the administrator of this Compact for
5    each party state. Any administrator may be removed or
6    suspended from office as provided by the law of the state
7    from which the Administrator is appointed. Any vacancy
8    occurring in the Commission shall be filled in accordance
9    with the laws of the party state in which the vacancy
10    exists.
11        2. Each administrator shall be entitled to one (1) vote
12    with regard to the promulgation of rules and creation of
13    bylaws and shall otherwise have an opportunity to
14    participate in the business and affairs of the Commission.
15    An administrator shall vote in person or by such other
16    means as provided in the bylaws. The bylaws may provide for
17    an administrator's participation in meetings by telephone
18    or other means of communication.
19        3. The Commission shall meet at least once during each
20    calendar year. Additional meetings shall be held as set
21    forth in the bylaws or rules of the commission.
22        4. All meetings shall be open to the public, and public
23    notice of meetings shall be given in the same manner as
24    required under the rulemaking provisions in Article VIII.
25        5. The Commission may convene in a closed, nonpublic
26    meeting if the Commission must discuss:



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1            i. Noncompliance of a party state with its
2        obligations under this Compact;
3            ii. The employment, compensation, discipline or
4        other personnel matters, practices or procedures
5        related to specific employees or other matters related
6        to the Commission's internal personnel practices and
7        procedures;
8            iii. Current, threatened or reasonably anticipated
9        litigation;
10            iv. Negotiation of contracts for the purchase or
11        sale of goods, services or real estate;
12            v. Accusing any person of a crime or formally
13        censuring any person;
14            vi. Disclosure of trade secrets or commercial or
15        financial information that is privileged or
16        confidential;
17            vii. Disclosure of information of a personal
18        nature where disclosure would constitute a clearly
19        unwarranted invasion of personal privacy;
20            viii. Disclosure of investigatory records compiled
21        for law enforcement purposes;
22            ix. Disclosure of information related to any
23        reports prepared by or on behalf of the Commission for
24        the purpose of investigation of compliance with this
25        Compact; or
26            x. Matters specifically exempted from disclosure



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1        by federal or state statute.
2        6. If a meeting, or portion of a meeting, is closed
3    pursuant to this provision, the Commission's legal counsel
4    or designee shall certify that the meeting may be closed
5    and shall reference each relevant exempting provision. The
6    Commission shall keep minutes that fully and clearly
7    describe all matters discussed in a meeting and shall
8    provide a full and accurate summary of actions taken, and
9    the reasons therefor, including a description of the views
10    expressed. All documents considered in connection with an
11    action shall be identified in such minutes. All minutes and
12    documents of a closed meeting shall remain under seal,
13    subject to release by a majority vote of the Commission or
14    order of a court of competent jurisdiction.
15    c. The Commission shall, by a majority vote of the
16administrators, prescribe bylaws or rules to govern its conduct
17as may be necessary or appropriate to carry out the purposes
18and exercise the powers of this Compact, including but not
19limited to:
20        1. Establishing the fiscal year of the Commission;
21        2. Providing reasonable standards and procedures:
22            i. For the establishment and meetings of other
23        committees; and
24            ii. Governing any general or specific delegation
25        of any authority or function of the Commission;
26        3. Providing reasonable procedures for calling and



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1    conducting meetings of the Commission, ensuring reasonable
2    advance notice of all meetings and providing an opportunity
3    for attendance of such meetings by interested parties, with
4    enumerated exceptions designed to protect the public's
5    interest, the privacy of individuals, and proprietary
6    information, including trade secrets. The Commission may
7    meet in closed session only after a majority of the
8    administrators vote to close a meeting in whole or in part.
9    As soon as practicable, the Commission must make public a
10    copy of the vote to close the meeting revealing the vote of
11    each administrator, with no proxy votes allowed;
12        4. Establishing the titles, duties and authority and
13    reasonable procedures for the election of the officers of
14    the Commission;
15        5. Providing reasonable standards and procedures for
16    the establishment of the personnel policies and programs of
17    the Commission. Notwithstanding any civil service or other
18    similar laws of any party state, the bylaws shall
19    exclusively govern the personnel policies and programs of
20    the Commission; and
21        6. Providing a mechanism for winding up the operations
22    of the Commission and the equitable disposition of any
23    surplus funds that may exist after the termination of this
24    Compact after the payment or reserving of all of its debts
25    and obligations;
26    d. The Commission shall publish its bylaws and rules, and



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



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1    appropriate authority to carry out the purposes of this
2    Compact, and to establish the Commission's personnel
3    policies and programs relating to conflicts of interest,
4    qualifications of personnel and other related personnel
5    matters;
6        7. To accept any and all appropriate donations, grants
7    and gifts of money, equipment, supplies, materials and
8    services, and to receive, utilize and dispose of the same;
9    provided that at all times the Commission shall avoid any
10    appearance of impropriety or conflict of interest;
11        8. To lease, purchase, accept appropriate gifts or
12    donations of, or otherwise to own, hold, improve or use,
13    any property, whether real, personal or mixed; provided
14    that at all times the Commission shall avoid any appearance
15    of impropriety;
16        9. To sell, convey, mortgage, pledge, lease, exchange,
17    abandon or otherwise dispose of any property, whether real,
18    personal or mixed;
19        10. To establish a budget and make expenditures;
20        11. To borrow money;
21        12. To appoint committees, including advisory
22    committees comprised of administrators, state nursing
23    regulators, state legislators or their representatives,
24    and consumer representatives, and other such interested
25    persons;
26        13. To provide and receive information from, and to



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1    cooperate with, law enforcement agencies;
2        14. To adopt and use an official seal; and
3        15. To perform such other functions as may be necessary
4    or appropriate to achieve the purposes of this Compact
5    consistent with the state regulation of nurse licensure and
6    practice.
7    h. Financing of the Commission
8        1. The Commission shall pay, or provide for the payment
9    of, the reasonable expenses of its establishment,
10    organization and ongoing activities.
11        2. The Commission may also levy on and collect an
12    annual assessment from each party state to cover the cost
13    of its operations, activities and staff in its annual
14    budget as approved each year. The aggregate annual
15    assessment amount, if any, shall be allocated based upon a
16    formula to be determined by the Commission, which shall
17    promulgate a rule that is binding upon all party states.
18        3. The Commission shall not incur obligations of any
19    kind prior to securing the funds adequate to meet the same;
20    nor shall the Commission pledge the credit of any of the
21    party states, except by, and with the authority of, such
22    party state.
23        4. The Commission shall keep accurate accounts of all
24    receipts and disbursements. The receipts and disbursements
25    of the Commission shall be subject to the audit and
26    accounting procedures established under its bylaws.



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



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1    against whom the claim is made had a reasonable basis for
2    believing occurred within the scope of Commission
3    employment, duties or responsibilities; provided that
4    nothing herein shall be construed to prohibit that person
5    from retaining his or her own counsel; and provided further
6    that the actual or alleged act, error or omission did not
7    result from that person's intentional, willful or wanton
8    misconduct.
9        3. The Commission shall indemnify and hold harmless any
10    administrator, officer, executive director, employee or
11    representative of the Commission for the amount of any
12    settlement or judgment obtained against that person
13    arising out of any actual or alleged act, error or omission
14    that occurred within the scope of Commission employment,
15    duties or responsibilities, or that such person had a
16    reasonable basis for believing occurred within the scope of
17    Commission employment, duties or responsibilities,
18    provided that the actual or alleged act, error or omission
19    did not result from the intentional, willful or wanton
20    misconduct of that person.

23    a. The Commission shall exercise its rulemaking powers
24pursuant to the criteria set forth in this Article and the



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1rules adopted thereunder. Rules and amendments shall become
2binding as of the date specified in each rule or amendment and
3shall have the same force and effect as provisions of this
5    b. Rules or amendments to the rules shall be adopted at a
6regular or special meeting of the Commission.
7    c. Prior to promulgation and adoption of a final rule or
8rules by the Commission, and at least sixty (60) days in
9advance of the meeting at which the rule will be considered and
10voted upon, the Commission shall file a notice of proposed
12        1. On the website of the Commission; and
13        2. On the website of each licensing board or the
14    publication in which each state would otherwise publish
15    proposed rules.
16    d. The notice of proposed rulemaking shall include:
17        1. The proposed time, date and location of the meeting
18    in which the rule will be considered and voted upon;
19        2. The text of the proposed rule or amendment, and the
20    reason for the proposed rule;
21        3. A request for comments on the proposed rule from any
22    interested person; and
23        4. The manner in which interested persons may submit
24    notice to the Commission of their intention to attend the
25    public hearing and any written comments.
26    e. Prior to adoption of a proposed rule, the Commission



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1shall allow persons to submit written data, facts, opinions and
2arguments, which shall be made available to the public.
3    f. The Commission shall grant an opportunity for a public
4hearing before it adopts a rule or amendment.
5    g. The Commission shall publish the place, time and date of
6the scheduled public hearing.
7        1. Hearings shall be conducted in a manner providing
8    each person who wishes to comment a fair and reasonable
9    opportunity to comment orally or in writing. All hearings
10    will be recorded, and a copy will be made available upon
11    request.
12        2. Nothing in this section shall be construed as
13    requiring a separate hearing on each rule. Rules may be
14    grouped for the convenience of the Commission at hearings
15    required by this section.
16    h. If no one appears at the public hearing, the Commission
17may proceed with promulgation of the proposed rule.
18    i. Following the scheduled hearing date, or by the close of
19business on the scheduled hearing date if the hearing was not
20held, the Commission shall consider all written and oral
21comments received.
22    j. The Commission shall, by majority vote of all
23administrators, take final action on the proposed rule and
24shall determine the effective date of the rule, if any, based
25on the rulemaking record and the full text of the rule.
26    k. Upon determination that an emergency exists, the



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1Commission may consider and adopt an emergency rule without
2prior notice, opportunity for comment or hearing, provided that
3the usual rulemaking procedures provided in this Compact and in
4this section shall be retroactively applied to the rule as soon
5as reasonably possible, in no event later than ninety (90) days
6after the effective date of the rule. For the purposes of this
7provision, an emergency rule is one that must be adopted
8immediately in order to:
9        1. Meet an imminent threat to public health, safety or
10    welfare;
11        2. Prevent a loss of Commission or party state funds;
12    or
13        3. Meet a deadline for the promulgation of an
14    administrative rule that is required by federal law or
15    rule.
16    l. The Commission may direct revisions to a previously
17adopted rule or amendment for purposes of correcting
18typographical errors, errors in format, errors in consistency
19or grammatical errors. Public notice of any revisions shall be
20posted on the website of the Commission. The revision shall be
21subject to challenge by any person for a period of thirty (30)
22days after posting. The revision may be challenged only on
23grounds that the revision results in a material change to a
24rule. A challenge shall be made in writing, and delivered to
25the Commission, prior to the end of the notice period. If no
26challenge is made, the revision will take effect without



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1further action. If the revision is challenged, the revision may
2not take effect without the approval of the Commission.
Oversight, Dispute Resolution and Enforcement

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



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



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



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

20    a. This Compact shall become effective and binding on the
21earlier of the date of legislative enactment of this Compact
22into law by no less than twenty-six (26) states or December 31,
232018. All party states to this Compact, that also were parties
24to the prior Nurse Licensure Compact, superseded by this



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1Compact, ("Prior Compact"), shall be deemed to have withdrawn
2from said Prior Compact within six (6) months after the
3effective date of this Compact.
4    b. Each party state to this Compact shall continue to
5recognize a nurse's multistate licensure privilege to practice
6in that party state issued under the Prior Compact until such
7party state has withdrawn from the Prior Compact.
8    c. Any party state may withdraw from this Compact by
9enacting a statute repealing the same. A party state's
10withdrawal shall not take effect until six (6) months after
11enactment of the repealing statute.
12    d. A party state's withdrawal or termination shall not
13affect the continuing requirement of the withdrawing or
14terminated state's licensing board to report adverse actions
15and significant investigations occurring prior to the
16effective date of such withdrawal or termination.
17    e. Nothing contained in this Compact shall be construed to
18invalidate or prevent any nurse licensure agreement or other
19cooperative arrangement between a party state and a non-party
20state that is made in accordance with the other provisions of
21this Compact.
22    f. This Compact may be amended by the party states. No
23amendment to this Compact shall become effective and binding
24upon the party states unless and until it is enacted into the
25laws of all party states.
26    g. Representatives of non-party states to this Compact



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1shall be invited to participate in the activities of the
2Commission, on a nonvoting basis, prior to the adoption of this
3Compact by all states.
Construction and Severability

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