Full Text of SB0041 103rd General Assembly
SB0041 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0041 Introduced 1/20/2023, by Sen. Sara Feigenholtz 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 | |
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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.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nurse Practice Act is amended by adding | 5 | | Article 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 | 10 | | ratifies 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 | 4 | | practical/vocational nursing issued by a home
state to a | 5 | | resident in that state will be recognized by each party state | 6 | | as authorizing a nurse to
practice as a registered nurse (RN) | 7 | | or as a licensed practical/vocational nurse (LPN/VN), under a
| 8 | | multistate licensure privilege, in each party state. | 9 | | b. A state must implement procedures for considering the | 10 | | criminal history records of applicants for initial
multistate | 11 | | license or licensure by endorsement. Such procedures shall | 12 | | include the submission of
fingerprints or other | 13 | | biometric-based information by applicants for the purpose of | 14 | | obtaining an
applicant's criminal history record information | 15 | | from the Federal Bureau of Investigation and the
agency | 16 | | responsible for retaining that state's criminal records. | 17 | | c. Each party state shall require the following for an | 18 | | applicant to obtain or retain a multistate license in
the home | 19 | | state: | 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 | 10 | | with existing state due process law, to take
adverse action | 11 | | against a nurse's multistate licensure privilege such as | 12 | | revocation, suspension,
probation or any other action that | 13 | | affects a nurse's authorization to practice under a multistate
| 14 | | licensure privilege, including cease and desist actions. If a | 15 | | party state takes such action, it shall
promptly notify the | 16 | | administrator of the coordinated licensure information system. | 17 | | The administrator
of the coordinated licensure information | 18 | | system shall promptly notify the home state of any such
| 19 | | actions by remote states. | 20 | | e. A nurse practicing in a party state must comply with the | 21 | | state practice laws of the state in which the
client is located | 22 | | at the time service is provided. The practice of nursing is not | 23 | | limited to patient care,
but shall include all nursing | 24 | | practice as defined by the state practice laws of the party | 25 | | state in which
the client is located. The practice of nursing | 26 | | in a party state under a multistate licensure privilege will
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| 1 | | subject a nurse to the jurisdiction of the licensing board, | 2 | | the courts and the laws of the party state in
which the client | 3 | | is located at the time service is provided. | 4 | | f. Individuals not residing in a party state shall | 5 | | continue to be able to apply for a party state's single-state
| 6 | | license as provided under the laws of each party state. | 7 | | However, the single-state license
granted to these individuals | 8 | | will not be recognized as granting the privilege to practice | 9 | | nursing in any
other party state. Nothing in this Compact | 10 | | shall affect the requirements established by a party state
for | 11 | | the issuance of a single-state license. | 12 | | g. Any nurse holding a home state multistate license, on | 13 | | the effective date of this Compact, may retain
and renew the | 14 | | multistate license issued by the nurse's then-current home | 15 | | state, 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 | 5 | | licensing board in the issuing party state shall ascertain,
| 6 | | through the coordinated licensure information system, whether | 7 | | the applicant has ever held, or is the
holder of, a license | 8 | | issued by any other state, whether there are any encumbrances | 9 | | on any license or
multistate licensure privilege held by the | 10 | | applicant, whether any adverse action has been taken
against | 11 | | any license or multistate licensure privilege held by the | 12 | | applicant and whether the applicant is
currently participating | 13 | | in an alternative program. | 14 | | b. A nurse may hold a multistate license, issued by the | 15 | | home state, in only one party state at a time. | 16 | | c. If a nurse changes primary state of residence by moving | 17 | | between two party states, the nurse must
apply for licensure | 18 | | in the new home state, and the multistate license issued by the | 19 | | prior home state
will be deactivated in accordance with | 20 | | applicable 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 | 5 | | from a party state to a non-party state, the
multistate | 6 | | license issued by the prior home state will convert to a | 7 | | single-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, | 12 | | a 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 | 15 | | nurse's multistate license, the nurse's
multistate licensure | 16 | | privilege to practice in all other party states shall be | 17 | | deactivated until all
encumbrances have been removed from the | 18 | | multistate license. All home state disciplinary orders
that | 19 | | impose adverse action against a nurse's multistate license | 20 | | shall include a statement that the
nurse's multistate | 21 | | licensure privilege is deactivated in all party states during | 22 | | the pendency of the
order. | 23 | | c. Nothing in this Compact shall override a party state's | 24 | | decision that participation in an alternative
program may be | 25 | | used in lieu of adverse action. The home state licensing board | 26 | | shall deactivate the
multistate licensure privilege under the |
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| 1 | | multistate license of any nurse for the duration of the | 2 | | nurse'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 | 7 | | licensure information system of all licensed
registered nurses | 8 | | (RNs) and licensed practical/vocational nurses (LPNs/VNs). | 9 | | This system will
include information on the licensure and | 10 | | disciplinary history of each nurse, as submitted by party
| 11 | | states, to assist in the coordination of nurse licensure and | 12 | | enforcement efforts. | 13 | | b. The Commission, in consultation with the administrator | 14 | | of the coordinated licensure information
system, shall | 15 | | formulate necessary and proper procedures for the | 16 | | identification, collection and
exchange of information under | 17 | | this Compact. | 18 | | c. All licensing boards shall promptly report to the | 19 | | coordinated licensure information system any adverse
action, | 20 | | any current significant investigative information, denials of | 21 | | applications (with the reasons for
such denials) and nurse | 22 | | participation in alternative programs known to the licensing | 23 | | board regardless
of whether such participation is deemed | 24 | | nonpublic or confidential under state law. |
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| 1 | | d. Current significant investigative information and | 2 | | participation in nonpublic or confidential alternative
| 3 | | programs shall be transmitted through the coordinated | 4 | | licensure information system only to party
state licensing | 5 | | boards. | 6 | | e. Notwithstanding any other provision of law, all party | 7 | | state licensing boards contributing information to
the | 8 | | coordinated licensure information system may designate | 9 | | information that may not be shared with
non-party states or | 10 | | disclosed to other entities or individuals without the express | 11 | | permission of the
contributing state. | 12 | | f. Any personally identifiable information obtained from | 13 | | the coordinated licensure information system by
a party state | 14 | | licensing board shall not be shared with non-party states or | 15 | | disclosed to other entities or
individuals except to the | 16 | | extent permitted by the laws of the party state contributing | 17 | | the information. | 18 | | g. Any information contributed to the coordinated | 19 | | licensure information system that is subsequently
required to | 20 | | be expunged by the laws of the party state contributing that | 21 | | information shall also be
expunged from the coordinated | 22 | | licensure information system. | 23 | | h. The Compact administrator of each party state shall | 24 | | furnish a uniform data set to the Compact
administrator of | 25 | | each 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 | 8 | | provide all investigative documents and information
requested | 9 | | by 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 | 14 | | public entity known as the Interstate Commission
of Nurse | 15 | | Licensure 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. |
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| 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 |
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| 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 |
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| 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 | 19 | | administrators, prescribe bylaws or rules to govern its
| 20 | | conduct as may be necessary or appropriate to carry out the | 21 | | purposes and exercise the powers of
this Compact, including | 22 | | but 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 |
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| 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 |
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| 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 | 5 | | any amendments thereto, in a convenient
form on the website of | 6 | | the Commission. | 7 | | e. The Commission shall maintain its financial records in | 8 | | accordance with the bylaws. | 9 | | f. The Commission shall meet and take such actions as are | 10 | | consistent 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 |
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| 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
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| 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. |
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| 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 |
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| 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
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| 1 | | Rulemaking
| 2 | | a. The Commission shall exercise its rulemaking powers | 3 | | pursuant to the criteria set forth in this Article
and the | 4 | | rules adopted thereunder. Rules and amendments shall become | 5 | | binding as of the date
specified in each rule or amendment and | 6 | | shall have the same force and effect as provisions of this
| 7 | | Compact. | 8 | | b. Rules or amendments to the rules shall be adopted at a | 9 | | regular or special meeting of the
Commission. | 10 | | c. Prior to promulgation and adoption of a final rule or | 11 | | rules by the Commission, and at least sixty (60)
days in | 12 | | advance of the meeting at which the rule will be considered and | 13 | | voted upon, the Commission
shall file a notice of proposed | 14 | | rulemaking: | 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 |
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| 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 | 5 | | shall allow persons to submit written data, facts,
opinions | 6 | | and arguments, which shall be made available to the public. | 7 | | f. The Commission shall grant an opportunity for a public | 8 | | hearing before it adopts a rule or amendment. | 9 | | g. The Commission shall publish the place, time and date | 10 | | of 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 | 21 | | may proceed with promulgation of the
proposed rule. | 22 | | i. Following the scheduled hearing date, or by the close | 23 | | of business on the scheduled hearing date if
the hearing was | 24 | | not held, the Commission shall consider all written and oral | 25 | | comments received. | 26 | | j. The Commission shall, by majority vote of all |
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| 1 | | administrators, take final action on the proposed rule
and | 2 | | shall determine the effective date of the rule, if any, based | 3 | | on the rulemaking record and the full
text of the rule. | 4 | | k. Upon determination that an emergency exists, the | 5 | | Commission may consider and adopt an
emergency rule without | 6 | | prior notice, opportunity for comment or hearing, provided | 7 | | that the usual
rulemaking procedures provided in this Compact | 8 | | and in this section shall be retroactively applied to
the rule | 9 | | as soon as reasonably possible, in no event later than ninety | 10 | | (90) days after the effective
date of the rule. For the | 11 | | purposes of this provision, an emergency rule is one that must | 12 | | be 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 | 21 | | adopted rule or amendment for purposes of
correcting | 22 | | typographical errors, errors in format, errors in consistency | 23 | | or grammatical errors. Public
notice of any revisions shall be | 24 | | posted on the website of the Commission. The revision shall be
| 25 | | subject to challenge by any person for a period of thirty (30) | 26 | | days after posting. The revision may be
challenged only on |
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| 1 | | grounds that the revision results in a material change to a | 2 | | rule. A challenge shall
be made in writing, and delivered to | 3 | | the Commission, prior to the end of the notice period. If no
| 4 | | challenge is made, the revision will take effect without | 5 | | further action. If the revision is challenged, the
revision | 6 | | may 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 |
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| 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 |
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| 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 |
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| 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 |
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| 1 | | earlier of the date of legislative enactment of
this Compact | 2 | | into law by no less than twenty-six (26) states or December 31, | 3 | | 2018. All party states to
this Compact, that also were parties | 4 | | to the prior Nurse Licensure Compact, superseded by this
| 5 | | Compact, ("Prior Compact"), shall be deemed to have withdrawn | 6 | | from said Prior Compact within six
(6) months after the | 7 | | effective date of this Compact. | 8 | | b. Each party state to this Compact shall continue to | 9 | | recognize a nurse's multistate licensure privilege to
practice | 10 | | in that party state issued under the Prior Compact until such | 11 | | party state has withdrawn from
the Prior Compact. | 12 | | c. Any party state may withdraw from this Compact by | 13 | | enacting a statute repealing the same. A party
state's | 14 | | withdrawal shall not take effect until six (6) months after | 15 | | enactment of the repealing statute. | 16 | | d. A party state's withdrawal or termination shall not | 17 | | affect the continuing requirement of the withdrawing
or | 18 | | terminated state's licensing board to report adverse actions | 19 | | and significant investigations occurring
prior to the | 20 | | effective date of such withdrawal or termination. | 21 | | e. Nothing contained in this Compact shall be construed to | 22 | | invalidate or prevent any nurse licensure
agreement or other | 23 | | cooperative arrangement between a party state and a non-party | 24 | | state that is
made in accordance with the other provisions of | 25 | | this Compact. | 26 | | f. This Compact may be amended by the party states. No |
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| 1 | | amendment to this Compact shall become
effective and binding | 2 | | upon the party states unless and until it is enacted into the | 3 | | laws of all party
states. | 4 | | g. Representatives of non-party states to this Compact | 5 | | shall be invited to participate in the activities of
the | 6 | | Commission, on a nonvoting basis, prior to the adoption of | 7 | | this Compact by all states. | 8 | | ARTICLE XI
| 9 | | Construction and Severability
| 10 | | This Compact shall be liberally construed so as to effectuate | 11 | | the purposes thereof. The provisions of this
Compact shall be | 12 | | severable, and if any phrase, clause, sentence or provision of | 13 | | this Compact is declared
to be contrary to the constitution of | 14 | | any party state or of the United States, or if the | 15 | | applicability thereof to
any government, agency, person or | 16 | | circumstance is held invalid, the validity of the remainder of | 17 | | this
Compact and the applicability thereof to any government, | 18 | | agency, person or circumstance shall not be
affected thereby. | 19 | | If this Compact shall be held to be contrary to the | 20 | | constitution of any party state, this
Compact shall remain in | 21 | | full force and effect as to the remaining party states and in | 22 | | full force and effect as
to the party state affected as to all | 23 | | severable matters. |
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| 1 | | (225 ILCS 65/85-10 new) | 2 | | Sec. 85-10. State labor laws. The Nurse Licensure Compact | 3 | | does not supersede existing
State
labor laws. | 4 | | (225 ILCS 65/85-15 new) | 5 | | Sec. 85-15. Criminal history record checks. The State may | 6 | | not share with or disclose to the Interstate Commission of | 7 | | Nurse Licensure Compact Administrators or any other state any | 8 | | of the contents of a nationwide criminal history records check | 9 | | conducted for the purpose of multistate licensure under the | 10 | | Nurse Licensure Compact.
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