Illinois General Assembly - Full Text of HB0580
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Full Text of HB0580  102nd General Assembly

HB0580 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0580

 

Introduced 2/8/2021, by Rep. Michael J. Zalewski

 

SYNOPSIS AS INTRODUCED:
 
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.


LRB102 10234 SPS 15560 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0580LRB102 10234 SPS 15560 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 adding
5Article 85 as follows:
 
6    (225 ILCS 65/Art. 85 heading new)
7
ARTICLE 85. NURSE LICENSURE COMPACT

 
8    (225 ILCS 65/85-5 new)
9    Sec. 85-5. Nurse Licensure Compact. The State of Illinois
10ratifies and approves the following Compact:
 
11
ARTICLE I
12
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
19    states 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
26    a 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.
 
8
ARTICLE II
9
Definitions

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

 

 

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

 

 

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1    Nurse Licensure Compact Administrators ("Commission").
 
2
ARTICLE IV
3
Applications for Licensure in a Party State

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

 

 

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1    of a change in primary state of residence to the new home
2    state and satisfies all applicable requirements to obtain
3    a multistate license from the new home state.
4    d. If a nurse changes primary state of residence by moving
5from a party state to a non-party state, the multistate
6license issued by the prior home state will convert to a
7single-state license, valid only in the former home state.
 
8
ARTICLE V
9
Additional Authorities Invested in Party State Licensing
10
Boards

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

 

 

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

 

 

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

 

 

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1multistate license of any nurse for the duration of the
2nurse's participation in an alternative program.
 
3
ARTICLE VI
4
Coordinated Licensure Information System and Exchange of
5
Information

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

 

 

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1    d. Current significant investigative information and
2participation in nonpublic or confidential alternative
3programs shall be transmitted through the coordinated
4licensure information system only to party state licensing
5boards.
6    e. Notwithstanding any other provision of law, all party
7state licensing boards contributing information to the
8coordinated licensure information system may designate
9information that may not be shared with non-party states or
10disclosed to other entities or individuals without the express
11permission of the contributing state.
12    f. Any personally identifiable information obtained from
13the coordinated licensure information system by a party state
14licensing board shall not be shared with non-party states or
15disclosed to other entities or individuals except to the
16extent permitted by the laws of the party state contributing
17the information.
18    g. Any information contributed to the coordinated
19licensure information system that is subsequently required to
20be expunged by the laws of the party state contributing that
21information shall also be expunged from the coordinated
22licensure information system.
23    h. The Compact administrator of each party state shall
24furnish a uniform data set to the Compact administrator of
25each other party state, which shall include, at a minimum:
26        1. Identifying information;

 

 

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1        2. Licensure data;
2        3. Information related to alternative program
3    participation; and
4        4. Other information that may facilitate the
5    administration of this Compact, as determined by
6    Commission rules.
7    i. The Compact administrator of a party state shall
8provide all investigative documents and information requested
9by another party state.
 
10
ARTICLE VII
11
Establishment of the Interstate Commission of Nurse Licensure
12
Compact Administrators

 
13    a. The party states hereby create and establish a joint
14public entity known as the Interstate Commission of Nurse
15Licensure Compact Administrators.
16        1. The Commission is an instrumentality of the party
17    states.
18        2. Venue is proper, and judicial proceedings by or
19    against the Commission shall be brought solely and
20    exclusively, in a court of competent jurisdiction where
21    the principal office of the Commission is located. The
22    Commission may waive venue and jurisdictional defenses to
23    the extent it adopts or consents to participate in
24    alternative dispute resolution proceedings.

 

 

HB0580- 17 -LRB102 10234 SPS 15560 b

1        3. Nothing in this Compact shall be construed to be a
2    waiver of sovereign immunity.
3    b. Membership, Voting and Meetings
4        1. Each party state shall have and be limited to one
5    administrator. The head of the state licensing board or
6    designee shall be the administrator of this Compact for
7    each party state. Any administrator may be removed or
8    suspended from office as provided by the law of the state
9    from which the Administrator is appointed. Any vacancy
10    occurring in the Commission shall be filled in accordance
11    with the laws of the party state in which the vacancy
12    exists.
13        2. Each administrator shall be entitled to one (1)
14    vote with regard to the promulgation of rules and creation
15    of bylaws and shall otherwise have an opportunity to
16    participate in the business and affairs of the Commission.
17    An administrator shall vote in person or by such other
18    means as provided in the bylaws. The bylaws may provide
19    for an administrator's participation in meetings by
20    telephone or other means of communication.
21        3. The Commission shall meet at least once during each
22    calendar year. Additional meetings shall be held as set
23    forth in the bylaws or rules of the commission.
24        4. All meetings shall be open to the public, and
25    public notice of meetings shall be given in the same
26    manner as required under the rulemaking provisions in

 

 

HB0580- 18 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 19 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 20 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 21 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 22 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 23 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 24 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 25 -LRB102 10234 SPS 15560 b

1    the Commission in any civil action seeking to impose
2    liability arising out of any actual or alleged act, error
3    or omission that occurred within the scope of Commission
4    employment, duties or responsibilities, or that the person
5    against whom the claim is made had a reasonable basis for
6    believing occurred within the scope of Commission
7    employment, duties or responsibilities; provided that
8    nothing herein shall be construed to prohibit that person
9    from retaining his or her own counsel; and provided
10    further that the actual or alleged act, error or omission
11    did not result from that person's intentional, willful or
12    wanton misconduct.
13        3. The Commission shall indemnify and hold harmless
14    any administrator, officer, executive director, employee
15    or representative of the Commission for the amount of any
16    settlement or judgment obtained against that person
17    arising out of any actual or alleged act, error or
18    omission that occurred within the scope of Commission
19    employment, duties or responsibilities, or that such
20    person had a reasonable basis for believing occurred
21    within the scope of Commission employment, duties or
22    responsibilities, provided that the actual or alleged act,
23    error or omission did not result from the intentional,
24    willful or wanton misconduct of that person.
 
25
ARTICLE VIII

 

 

HB0580- 26 -LRB102 10234 SPS 15560 b

1
Rulemaking

 
2    a. The Commission shall exercise its rulemaking powers
3pursuant to the criteria set forth in this Article and the
4rules adopted thereunder. Rules and amendments shall become
5binding as of the date specified in each rule or amendment and
6shall have the same force and effect as provisions of this
7Compact.
8    b. Rules or amendments to the rules shall be adopted at a
9regular or special meeting of the Commission.
10    c. Prior to promulgation and adoption of a final rule or
11rules by the Commission, and at least sixty (60) days in
12advance of the meeting at which the rule will be considered and
13voted upon, the Commission shall file a notice of proposed
14rulemaking:
15        1. On the website of the Commission; and
16        2. On the website of each licensing board or the
17    publication in which each state would otherwise publish
18    proposed rules.
19    d. The notice of proposed rulemaking shall include:
20        1. The proposed time, date and location of the meeting
21    in which the rule will be considered and voted upon;
22        2. The text of the proposed rule or amendment, and the
23    reason for the proposed rule;
24        3. A request for comments on the proposed rule from
25    any interested person; and

 

 

HB0580- 27 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 28 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 29 -LRB102 10234 SPS 15560 b

1grounds that the revision results in a material change to a
2rule. A challenge shall be made in writing, and delivered to
3the Commission, prior to the end of the notice period. If no
4challenge is made, the revision will take effect without
5further action. If the revision is challenged, the revision
6may not take effect without the approval of the Commission.
 
7
ARTICLE IX
8
Oversight, Dispute Resolution and Enforcement

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

 

 

HB0580- 30 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 31 -LRB102 10234 SPS 15560 b

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

 

 

HB0580- 32 -LRB102 10234 SPS 15560 b

1        administrators of all the party states involved in the
2        dispute.
3            ii. The decision of a majority of the arbitrators
4        shall be final and binding.
5    d. Enforcement
6        1. The Commission, in the reasonable exercise of its
7    discretion, shall enforce the provisions and rules of this
8    Compact.
9        2. By majority vote, the Commission may initiate legal
10    action in the U.S. District Court for the District of
11    Columbia or the federal district in which the Commission
12    has its principal offices against a party state that is in
13    default to enforce compliance with the provisions of this
14    Compact and its promulgated rules and bylaws. The relief
15    sought may include both injunctive relief and damages. In
16    the event judicial enforcement is necessary, the
17    prevailing party shall be awarded all costs of such
18    litigation, including reasonable attorneys' fees.
19        3. The remedies herein shall not be the exclusive
20    remedies of the Commission. The Commission may pursue any
21    other remedies available under federal or state law.
 
22
ARTICLE X
23
Effective Date, Withdrawal and Amendment

 
24    a. This Compact shall become effective and binding on the

 

 

HB0580- 33 -LRB102 10234 SPS 15560 b

1earlier of the date of legislative enactment of this Compact
2into law by no less than twenty-six (26) states or December 31,
32018. All party states to this Compact, that also were parties
4to the prior Nurse Licensure Compact, superseded by this
5Compact, ("Prior Compact"), shall be deemed to have withdrawn
6from said Prior Compact within six (6) months after the
7effective date of this Compact.
8    b. Each party state to this Compact shall continue to
9recognize a nurse's multistate licensure privilege to practice
10in that party state issued under the Prior Compact until such
11party state has withdrawn from the Prior Compact.
12    c. Any party state may withdraw from this Compact by
13enacting a statute repealing the same. A party state's
14withdrawal shall not take effect until six (6) months after
15enactment of the repealing statute.
16    d. A party state's withdrawal or termination shall not
17affect the continuing requirement of the withdrawing or
18terminated state's licensing board to report adverse actions
19and significant investigations occurring prior to the
20effective date of such withdrawal or termination.
21    e. Nothing contained in this Compact shall be construed to
22invalidate or prevent any nurse licensure agreement or other
23cooperative arrangement between a party state and a non-party
24state that is made in accordance with the other provisions of
25this Compact.
26    f. This Compact may be amended by the party states. No

 

 

HB0580- 34 -LRB102 10234 SPS 15560 b

1amendment to this Compact shall become effective and binding
2upon the party states unless and until it is enacted into the
3laws of all party states.
4    g. Representatives of non-party states to this Compact
5shall be invited to participate in the activities of the
6Commission, on a nonvoting basis, prior to the adoption of
7this Compact by all states.
 
8
ARTICLE XI
9
Construction and Severability

 
10This Compact shall be liberally construed so as to effectuate
11the purposes thereof. The provisions of this Compact shall be
12severable, and if any phrase, clause, sentence or provision of
13this Compact is declared to be contrary to the constitution of
14any party state or of the United States, or if the
15applicability thereof to any government, agency, person or
16circumstance is held invalid, the validity of the remainder of
17this Compact and the applicability thereof to any government,
18agency, person or circumstance shall not be affected thereby.
19If this Compact shall be held to be contrary to the
20constitution of any party state, this Compact shall remain in
21full force and effect as to the remaining party states and in
22full force and effect as to the party state affected as to all
23severable matters.
 

 

 

HB0580- 35 -LRB102 10234 SPS 15560 b

1    (225 ILCS 65/85-10 new)
2    Sec. 85-10. State labor laws. The Nurse Licensure Compact
3does not supersede existing State labor laws.
 
4    (225 ILCS 65/85-15 new)
5    Sec. 85-15. Criminal history record checks. The State may
6not share with or disclose to the Interstate Commission of
7Nurse Licensure Compact Administrators or any other state any
8of the contents of a nationwide criminal history records check
9conducted for the purpose of multistate licensure under the
10Nurse Licensure Compact.