Evaluate the effectiveness of state initiatives implemented to address nursing workforce
capacities and requirements.
Criminal background investigation of applicants and licensees subject to
disciplinary investigation--Cooperation required--Fees.
Each applicant for licensure as a registered
nurse, licensed practical nurse, certified registered nurse anesthetist, or clinical nurse specialist in
this state shall submit to a state and federal criminal background investigation by means of
fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation.
Upon application, the Board of Nursing shall submit completed fingerprint cards to the Division of
Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal
Investigation shall forward to the board all information obtained as a result of the criminal
background check. This information shall be obtained prior to permanent licensure of the applicant.
The Board of Nursing may require a state and federal criminal background check for any licensee
who is the subject of a disciplinary investigation by the board. Failure to submit or cooperate with
the criminal background investigation is grounds for denial of an application or may result in
revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or
the criminal background investigation.
Source: SL 2006, ch 198, § 1.
36-9-98 Nurse Licensure Compact.
Nurse Licensure Compact.
The Nurse Licensure Compact is enacted into law and
entered into with all other jurisdictions that legally join the compact, which is substantially as
Finding and Declaration of Purpose
(a) The party states find that:
The health and safety of the public are affected by the degree of compliance with and the
effectiveness of enforcement activities related to state nurse licensure laws;
Violations of nurse licensure and other laws regulating the practice of nursing may result
in injury or harm to the public;
The expanded mobility of nurses and the use of advanced communication technologies
as part of our nation's health care delivery system require greater coordination and
cooperation among states in the areas of nurse licensure and regulation;
New practice modalities and technology make compliance with individual state nurse
licensure laws difficult and complex;
The current system of duplicative licensure for nurses practicing in multiple states is
cumbersome and redundant for both nurses and states; and
Uniformity of nurse licensure requirements throughout the states promotes public safety
and public health benefits.
(b) The general purposes of this compact are to:
Facilitate the states' responsibility to protect the public's health and safety;
Ensure and encourage the cooperation of party states in the areas of nurse licensure and
Facilitate the exchange of information between party states in the areas of nurse
regulation, investigation, and adverse actions;
Promote compliance with the laws governing the practice of nursing in each jurisdiction;
Invest all party states with the authority to hold a nurse accountable for meeting all state
practice laws in the state in which the patient is located at the time care is rendered
through the mutual recognition of party state licenses;
Decrease redundancies in the consideration and issuance of nurse licenses; and
Provide opportunities for interstate practice by nurses who meet uniform licensure
As used in this Compact:
"Adverse action," means any administrative, civil, equitable, or criminal action permitted
by a state's laws which is imposed by a licensing board or other authority against a nurse,
including actions against an individual's license or multistate licensure privilege such as
revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's
practice, or any other encumbrance on licensure affecting a nurse's authorization to
practice, including issuance of a cease and desist action.
"Alternative program," means a nondisciplinary monitoring program approved by a
"Coordinated licensure information system," means an integrated process for collecting,
storing, and sharing information on nurse licensure and enforcement activities related to
nurse licensure laws that is administered by a nonprofit organization composed of and
controlled by licensing bodies.
"Current significant investigative information," means:
Investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the nurse to respond, if required by
state law, has reason to believe is not groundless and, if proved true, would indicate
more than a minor infraction; or
Investigative information that indicates that the nurse represents an immediate
threat to public health and safety regardless of whether the nurse has been notified
and had an opportunity to respond.
"Encumbrance," means a revocation or suspension of, or any limitation on, the full and
unrestricted practice of nursing imposed by a licensing board.
"Home state," means the party state which is the nurse's primary state of residence.
"Licensing board," means a party state's regulatory body responsible for issuing nurse
"Multistate license," means a license to practice as a registered or a licensed
practical/vocational nurse (LPN/VN) issued by a home state licensing board that
authorizes the licensed nurse to practice in all party states under a multistate licensure
"Multistate licensure privilege," means a legal authorization associated with a multistate
license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in
a remote state.
"Nurse," means RN or LPN/VN, as those terms are defined by each party state's practice
"Party state," means any state that has adopted this compact.
"Remote state," means a party state, other than the home state.
"Single-state license," means a nurse license issued by a party state that authorizes
practice only within the issuing state and does not include a multistate licensure privilege
to practice in any other party state.
"State," means a state, territory, or possession of the United States and the District of
"State practice laws," means a party state's laws, rules, and regulations that govern the
practice of nursing, define the scope of nursing practice, and create the methods and
grounds for imposing discipline. State practice laws do not include requirements
necessary to obtain and retain a license, except for qualifications or requirements of the
General Provisions and Jurisdiction
(a) A multistate license to practice registered or licensed practical/vocational nursing issued by
a home state to a resident in that state will be recognized by each party state as authorizing a nurse
to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under
a multistate licensure privilege, in each party state.
(b) A state must implement procedures for considering the criminal history records of applicants
for initial multistate license or licensure by endorsement. Such procedures shall include the
submission of fingerprints or other biometric-based information by applicants for the purpose of
obtaining an applicant's criminal history record information from the Federal Bureau of Investigation
and the agency responsible for retaining the state's criminal records.
(c) Each party state shall require the following for an applicant to obtain or retain a multistate
license in the home state:
Meets the home state's qualifications for licensure or renewal of licensure, as well as all
other applicable state laws;
Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN
prelicensure education program; or
Has graduated from a foreign RN or LPN/VN prelicensure education program that
(a) has been approved by the authorized accrediting body in the applicable country
and (b) has been verified by an independent credentials review agency to be
comparable to a licensing board-approved prelicensure education program;
Has, if a graduate of a foreign prelicensure education program not taught in English or if
English is not the individual's native language, successfully passed an English proficiency
examination that includes the components of reading, speaking, writing, and listening;
Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized
predecessor, as applicable;
Is eligible for or holds an active, unencumbered license;
Has submitted, in connection with an application for initial licensure or licensure by
endorsement, fingerprints or other biometric data for the purpose of obtaining criminal
history record information from the Federal Bureau of Investigation and the agency
responsible for retaining that state's criminal records;
Has not been convicted or found guilty, or has entered into an agreed disposition, of a
felony offense under applicable state or federal criminal law;
Has not been convicted or found guilty, or has entered into an agreed disposition, of a
misdemeanor offense related to the practice of nursing as determined on a case-by-base
Is not currently enrolled in an alternative program;
Is subject to self-disclosure requirements regarding current participation in an alternative
Has a valid United States social security number.
(d) All party states shall be authorized, in accordance with existing state due process law, to take
adverse action against a nurse's multistate licensure privilege such as revocation, suspension,
probation or any other action that affects a nurse's authorization to practice under a multistate
licensure privilege, including cease and desist actions. If a party state takes such action, it shall
promptly notify the administrator of the coordinated licensure information system. The administrator
of the coordinated licensure information system shall promptly notify the home state of any such
actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws of the state in
which the client is located at the time service is provided. The practice of nursing is not limited to
patient care, but shall include all nursing practice as defined by the state practice laws of the party
state in which the client is located. The practice of nursing in a party state under a multistate
licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the
laws of the party state in which the client is located at the time the service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply for a party state's
single-state license as provided under the laws of each party state. However, the single-state license
granted to these individuals will not be recognized as granting the privilege to practice nursing in
any other party state. Nothing in this compact shall affect the requirements established by a party
state for the issuance of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of this compact may
retain and renew the multistate license issued by the nurse's then-current home state, provided that:
A nurse, who changes primary state of residence after this compact's effective date, must
meet all applicable Article III(c) requirements to obtain a multistate license from a new
home state; and
A nurse who fails to satisfy the multistate licensure requirements in Article III(c) due to
a disqualifying event occurring after this compact's effective date shall be ineligible to
retain or renew a multistate license, and the nurse's multistate license shall be revoked or
deactivated in accordance with applicable rules adopted by the Interstate Commission of
Nurse Licensure Compact Administrators (commission).
Application for Licensure in a Party State
(a) Upon application for a multistate license, the licensing board in the issuing party state shall
ascertain, through the coordinated licensure information system, whether the applicant has ever held,
or is the holder of, a license issued by any other state, whether there are any encumbrances on any
license or multistate licensure privilege held by the applicant, whether any adverse action has been
taken against any license or multistate licensure privilege held by the applicant and whether the
applicant is currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one party state at a
(c) If a nurse changes primary state of residence by moving between two party states, the nurse
must apply for licensure in the new home state, and the multistate license issued by the prior home
state will be deactivated in accordance with applicable rules adopted by the commission.
The nurse may apply for licensure in advance of a change in primary state of residence.
A multistate license shall not be issued by the new home state until the nurse provides
satisfactory evidence of a change in primary state of residence to the new home state and
satisfies all applicable requirements to obtain a multistate license from the new home
(d) If a nurse changes primary state of residence by moving from a party state to a nonparty state,
the multistate license issued by the prior home state will convert to a single-state license, valid only
in the former home state.
Additional Authorities Invested in Party State Licensing Boards
(a) In addition to the other powers conferred by state law, a licensing board shall have the
Take adverse action against a nurse's multistate licensure privilege to practice within that
Only the home state shall have the power to take adverse action against a nurse's
license issued by the home state;
For purposes of taking adverse action, the home state licensing board shall give the
same priority and effect to reported conduct received from a remote state as it
would if such conduct had occurred within the home state. In so doing, the home
state shall apply its own state laws to determine appropriate action;
Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice
within that party state;
Complete any pending investigations of a nurse who changes primary state of residence
during the course of such investigations. The licensing board shall also have the authority
to take appropriate action and shall promptly report the conclusions of such investigations
to the administrator of the coordinated licensure information system. The administrator
of the coordinated licensure information system shall promptly notify the home state of
any such actions;
Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as the production of evidence. Subpoenas issued by a
licensing board in a party state for the attendance and testimony of witnesses or the
production of evidence from another party state shall be enforced in the latter state by any
court of competent jurisdiction, according to the practice and procedure of that court
applicable to subpoenas issued in proceedings pending before it. The issuing authority
shall pay any witness fees, travel expenses, mileage, and other fees required by the service
statutes of the state in which the witnesses or evidence are located;
Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based
information to the Federal Bureau of Investigation for criminal background checks,
receive the results of the Federal Bureau of Investigation record search on criminal
background checks and use the results in making licensure decisions;
If otherwise permitted by state law, recover from the affected nurse the costs of
investigation and disposition of cases resulting from any adverse action taken against that
Take adverse action based on the factual findings of the remote state, provided that the
licensing board follows its own procedures for taking such adverse action.
(b) If adverse action is taken by the home state against a nurse's multistate license, the nurse's
multistate licensure privilege to practice in all other party states shall be deactivated until all
encumbrances have been removed from the multistate license. All home state disciplinary orders that
impose adverse action against a nurse's multistate license shall include a statement that the nurse's
multistate licensure privilege is deactivated in all party states during the pendency of the order.
(c) Nothing in this compact shall override a party state's decision that participation in an
alternative program may be used in lieu of adverse action. The home state licensing board shall
deactivate the multistate licensure privilege under the multistate license of any nurse for the duration
of the nurse's participation in an alternative program.
Coordinated Licensure Information System and Exchange of Information
(a) All party states shall participate in a coordinated licensure information system of all licensed
registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will
include information on the licensure and disciplinary history of each nurse, as submitted by party
states, to assist in the coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated licensure
information system, shall formulate necessary and proper procedures for the identification,
collection, and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure information system
any adverse action, any current significant investigative information, denials of applications, with
the reasons for such denials, and nurse participation in alternative programs known to the licensing
board regardless of whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in nonpublic or confidential
alternative programs shall be transmitted through the coordinated licensure information system only
to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards contributing
information to the coordinated licensure information system may designate information that may not
be shared with nonparty states or disclosed to other entities or individuals without the express
permission of the contributing state.
(f) Any personally identifiable information obtained from the coordinated licensure information
system by a party state licensing board shall not be shared with nonparty states or disclosed to other
entities or individuals except to the extent permitted by the laws of the party state contributing the
(g) Any information contributed to the coordinated licensure information system that is
subsequently required to be expunged by the laws of the party state contributing that information
shall also be expunged from the coordinated licensure information system.
(h) The compact administrator of each party state shall furnish a uniform data set to the compact
administrator of each other party state, which shall include, at a minimum:
Information related to alternative program participation; and
Other information that may facilitate the administration of this compact, as determined
by commission rules.
(i) The compact administrator of a party state shall provide all investigative documents and
information required by another party state.
Establishment of the Interstate Commission of Nurse Licensure Compact Administration
(a) The party states hereby create and establish a joint public entity known as the Interstate
Commission of Nurse Licensure Compact Administrators.
The commission is an instrumentality of the party states.
Venue is proper, and judicial proceedings by or against the commission shall be brought
solely and exclusively in a court of competent jurisdiction where the principal office of
the commission is located. The commission may waive venue and jurisdictional defenses
to the extent it adopts or consents to participate in alternative dispute resolution
Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(b) Membership, voting, and meetings:
Each party state shall have and be limited to one administrator. The head of the state
licensing board or designee shall be the administrator of this compact for each party state.
Any administrator may be removed or suspended from office as provided by the law of
the state from which the administrator is appointed. Any vacancy occurring in the
commission shall be filled in accordance with the laws of the party state in which the
Each administrator shall be entitled to one vote with regard to the promulgation of rules
and creation of bylaws and shall otherwise have an opportunity to participate in the
business and affairs of the commission. An administrator shall vote in person or by such
other means as provided in the bylaws. The bylaws may provide for an administrator's
participation in meetings by telephone or other means of communication.
The commission shall meet at least once during each calendar year. Additional meetings
shall be held as set forth in the bylaws or rules of the commission.
All meetings shall be open to the public and public notice of meetings shall be given in
the same manner as required under the rulemaking provisions in Article VIII.
The commission may convene in a closed, nonpublic meeting if the commission must
Noncompliance of a party state with its obligations under this compact;
The employment, compensation, discipline, or other personnel matters, practices
or procedures related to specific employees or other matters related to the
commission's internal personnel practices and procedures;
Current, threatened, or reasonably anticipated litigation;
Negotiation of contracts for the purchase or sale of goods, services, or real estate;
Accusing any person of a crime or formally censuring any person;
Disclosure of trade secrets or commercial or financial information that is privileged
Disclosure of information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy;
Disclosure of investigatory records compiled for law enforcement purposes;
Disclosure of information related to any reports prepared by or on behalf of the
commission for the purpose of investigation of compliance with this compact; or
Matters specifically exempted from disclosure by federal or state statute.
If a meeting, or portion of a meeting, is closed pursuant to this provision, the
commission's legal counsel or designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision. The commission shall keep minutes
that fully and clearly describe all matters discussed in a meeting and shall provide a full
and accurate summary of actions taken, and the reasons therefore, including a description
of the views expressed. All documents considered in connection with an action shall be
identified in such minutes. All minutes and documents of a closed meeting shall remain
under seal, subject to release by a majority vote of the commission or order of a court of
(c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to
govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the
powers of this compact, including but not limited to:
Establishing the fiscal year of the commission;
Providing reasonable standards and procedures;
For the establishment and meetings of other committees; and
Governing any general or specific delegation of any authority or function of the
Providing reasonable procedures for calling and conducting meetings of the commission,
ensuring reasonable advance notice of all meetings and providing an opportunity for
attendance of such meetings by interested parties, with enumerated exceptions designed
to protect the public's interest, the privacy of individuals, and proprietary information,
including trade secrets. The commission may meet in closed session only after a majority
of the administrators vote to close a meeting in whole or in part. As soon as practicable,
the commission must make public a copy of the vote to close the meeting revealing the
vote of each administrator, with no proxy votes allowed;
Establishing the titles, duties, and authority and reasonable procedures for the election of
the officers of the commission;
Providing reasonable standards and procedures for the establishment of the personnel
policies and programs of the commission. Notwithstanding any civil services or other
similar laws of any party state, the bylaws shall exclusively govern the personnel policies
and programs of the commission; and
Providing a mechanism for winding up the operations of the commission and the
equitable disposition of any surplus funds that may exist after the termination of this
compact after the payment or reserving of all of its debts and obligation.
(d) The commission shall publish its bylaws and rules, and any amendments thereto, in a
convenient form on the website of the commission.
(e) The commission shall maintain its financial records in accordance with the bylaws.
(f) The commission shall meet and take such actions as are consistent with the provisions of this
compact and the bylaws.
(g) The commission shall have the following powers:
To promulgate uniform rules to facilitate and coordinate implementation and
administration of this compact. The rules shall have the force and effect of law and shall
be binding in all party states;
To bring and prosecute legal proceedings or actions in the name of the commission,
provided that the standing of any licensing board to sue or be sued under applicable law
shall not be affected;
To purchase and maintain insurance and bonds;
To borrow, accept, or contract for services of personnel, including, but not limited to,
employees of a party state or nonprofit organizations;
To cooperate with other organizations that administer state compacts related to the
regulation of nursing, including but not limited to sharing administrative or staff
expenses, office space, or other resources;
To hire employees, elect or appoint officers, fix compensation, define duties, grant such
individuals appropriate authority to carry out the purposes of this compact, and to
establish the commission's personnel policies and programs relating to conflicts of
interest, qualifications of personnel, and other related personnel matters;
To accept any and all appropriate donations, grants and gifts of money, equipment,
supplies, materials and services, and to receive, utilize, and dispose of the same, provided
that at all times the commission shall avoid any appearance of impropriety or conflict of
To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold,
improve, or use, any property, whether real, personal or mixed, provided that at all times
the commission shall avoid any appearance of impropriety;
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any
property, whether real, personal, or mixed;
To establish a budget and make expenditures;
To borrow money;
To appoint committees, including advisory committees comprised of administrators, state
nursing regulators, state legislators or their representatives, consumer representatives, and
other such interested parties;
To provide and receive information from, and to cooperate with, law enforcement
To adopt and use an official seal; and
To perform such other functions as may be necessary or appropriate to achieve the
purposes of this compact consistent with the state regulation of nurse licensure and
(h) Financing of the commission:
The commission shall pay, or provide for the payment of, the reasonable expenses of its
establishment, organization, and ongoing activities.
The commission may also levy on and collect an annual assessment from each party state
to cover the cost of its operation, activities, and staff in its annual budget as approved each
year. The aggregate annual assessment amount, if any, shall be allocated based upon a
formula to be determined by the commission, which shall promulgate a rule that is
binding upon all party states.
The commission shall not incur obligations of any kind prior to securing the funds to
adequately meet the same, nor shall the commission pledge the credit of any of the party
states, except by, and with the authority of, such party state.
The commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the commission shall be audited yearly by a certified or licensed public
accountant, and the report of the audit shall be included in and become part of the annual
report of the commission.
(i) Qualified immunity, defense, and indemnification:
The administrators, officers, executive director, employees, and representatives of the
commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is made had a reasonable basis for
believing occurred, within the scope of commission employment, duties, or
responsibilities, provided that nothing in this paragraph shall be construed to protect any
such person from suit or liability for any damage, loss, injury, or liability caused by the
intentional, willful, or wanton misconduct of that person.
The commission shall defend any administrator, officer, executive director, employee, or
representative of the commission in any civil action seeking to impose liability arising out
of any actual or alleged act, error, or omission that occurred within the scope of
commission employment, duties, or responsibilities, or that the person against whom the
claim is made had a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities, provided that nothing herein shall
be construed to prohibit that person from retaining his or her own counsel, and provided
further that the actual or alleged act, error, or omission did not result from that person's
intentional, willful, or wanton misconduct.
The commission shall indemnify and hold harmless any administrator, officer, executive
director, employee, or representative of the commission for the amount of any settlement
or judgment obtained against that person arising out of any actual or alleged act, error, or
omission that occurred within the scope of commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within
the scope of commission employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from the intentional, willful, or wanton
misconduct of that person.
(a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this
Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date
specified in each rule or amendment and shall have the same force and effect as provisions of this
(b) Rules or amendments to the rules shall be adopted at a regular or special meeting of the
(c) Prior to promulgation and adoption of a final rule or rules by the commission, and at least
sixty days in advance of the meeting at which the rule will be considered and voted upon, the
commission shall file a notice of proposed rulemaking:
On the website of the commission; and
On the website of each licensing board or the publication in which each state would
otherwise publish proposed rules.
(d) The notice of proposed rulemaking shall include:
The proposed time, date, and location of the meeting in which the rule will be considered
and voted upon;
The text of the proposed rule or amendment and the reason for the proposed rule;
A request for comments on the proposed rule from any interested person; and
The manner in which interested persons may submit notice to the commission of their
intention to attend the public hearing and any written comments.
(e) Prior to adoption of a proposed rule, the commission shall allow persons to submit written
data, facts, opinions, and arguments, which shall be made available to the public.
(f) The commission shall grant an opportunity for a public hearing before it adopts a rule or
(g) The commission shall publish the place, time, and date of the scheduled public hearing.
Hearings shall be conducted in a manner providing each person who wishes to comment
a fair and reasonable opportunity to comment orally or in writing. All hearings will be
recorded, and a copy will be made available upon request.
Nothing in this section shall be construed as requiring a separate hearing on each rule.
Rules may be grouped for the convenience of the commission at hearings required by this
(h) If no one appears at the public hearing, the commission may proceed with promulgation of
the proposed rules.
(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing
date if the hearing was not held, the commission shall consider all written and oral comments
(j) The commission shall, by majority vote of all administrators, take final action on the proposed
rule and shall determine the effective date of the rule, if any, based on the rule-making record and
the full text of the rule.
(k) Upon determination that an emergency exists, the commission may consider and adopt an
emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual
rule-making procedures provided in this compact and in this section shall be retroactively applied
to the rule as soon as reasonably possible, in no event later than ninety days after the effective date
of the rule. For the purpose of this provision, an emergency rule is one that must be adopted
immediately in order to:
Meet an imminent threat to public health, safety, or welfare;
Prevent a loss of commission or party state funds; or
Meet a deadline for the promulgation of an administrative rule that is required by federal
law or rule.
(l) The commission may direct revisions to a previously adopted rule or amendment for purposes
of correcting typographical errors, errors in format, errors in consistency, or grammatical errors.
Public notice of any revisions shall be posted on the website of the commission. The revision shall
be subject to challenge by any person for a period of thirty days after posting. The revision may be
challenged only on grounds that the revision results in a material change to a rule. A challenge shall
be made in writing, and delivered to the commission prior to the end of the notice period. If no
challenge is made, the revision will take effect without further action. If the revision is challenged,
the revision may not take effect without the approval of the commission.
Oversight, Dispute Resolution, and Enforcement
Each party state shall enforce this compact and take all actions necessary and appropriate
to effectuate this compact's purposes and intent.
The commission shall be entitled to receive service of process in any proceeding that may
affect the powers, responsibilities, or actions of the commission, and shall have standing
to intervene in such a proceeding for all purposes. Failure to provide service of process
in such proceedings to the commission shall render a judgment or order void as to the
commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination:
If the commission determines that a party state has defaulted in the performance of its
obligations or responsibilities under this compact or the promulgated rules, the
Provide written notice to the defaulting state and other party states of the nature of
the default, the proposed means of curing the default, or any other action to be
taken by the commission; and
Provide remedial training and specific technical assistance regarding the default.
If a state in default fails to cure the default, the defaulting state's membership in this
compact may be terminated upon an affirmative vote of a majority of the administrators,
and all rights, privileges, and benefits conferred by this compact may be terminated on the
effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
Termination of membership in this compact shall be imposed only after all other means
of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the Governor of the defaulting state and to the
executive officer of the defaulting state's licensing board and each of the party states.
A state whose membership in this compact has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
The commission shall not bear any costs related to a state that is found to be in default or
whose membership in this compact has been terminated unless agreed upon in writing
between the commission and the defaulting state.
The defaulting state may appeal the action of the commission by petitioning the U.S.
District Court for the District of Columbia or the federal district in which the commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorneys' fees.
(c) Dispute resolution:
Upon request by a party state, the commission shall attempt to resolve disputes related to
the compact that arise among party states and between party and nonparty states.
The commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes, as appropriate.
In the event the commission cannot resolve disputes among party states arising under this
The party states may submit the issues in dispute to an arbitration panel, which will
be comprised of individuals appointed by the compact administrator in each of the
affected party states and an individual mutually agreed upon by the compact
administrators of all the party states involved in the dispute.
The decision of a majority of the arbitrators shall be final and binding.
The commission, in the reasonable exercise of its discretion, shall enforce the provisions
and rules of this compact.
By majority vote, the commission may initiate legal action in the U.S. District Court for
the District of Columbia or the federal district in which the commission has its principal
offices against a party state that is in default to enforce compliance with the provisions
of this compact and its promulgated rules and bylaws. The relief sought may include both
injunctive relief and damages. In the event judicial enforcement is necessary, the
prevailing party shall be awarded the costs of such litigation, including reasonable
The remedies herein shall not be the exclusive remedies of the commission. The
commission may pursue any other remedies available under federal or state law.
Effective Date, Withdrawal, and Amendment
(a) This compact shall become effective and binding on the earlier of the date of legislative
enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party
states to this compact that were parties to the prior Nurse Licensure Compact, superseded by this
compact (prior compact), shall be deemed to have withdrawn from said prior compact within six
months after the effective date of this compact.
(b) Each party state to this compact shall continue to recognize a nurse's multistate licensure
privilege to practice in that party state issued under the prior compact until such party state has
withdrawn from the prior compact.
(c) Any party state may withdraw from this compact by enacting a statute repealing the same. A
party state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(d) A party state's withdrawal or termination shall not affect the continuing requirement of the
withdrawing or terminated state's licensing board to report adverse actions and significant
investigations occurring prior to the effective date of such withdrawal or termination.
(e) Nothing contained in this compact shall be construed to invalidate or prevent any nurse
licensure agreement or other cooperative arrangement between a party state and a nonparty state that
is made in accordance with the other provisions of this compact.
(f) This compact may be amended by the party states. No amendment to this compact shall
become effective and binding upon the party state unless and until it is enacted into the laws of all
(g) Representatives of nonparty states to this compact shall be invited to participate in the
activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions
of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact
is declared to be contrary to the Constitution of any party state or of the United States, or if the
applicability thereof to any government, agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any government agency, person, or
circumstance shall not be affected thereby. If this compact shall be held to be contrary to the
Constitution of any party state, this compact shall remain in full force and effect as to the remaining
party states and in full force and effect as to the party state affected as to all severable matters.
Source: SL 2016, ch 194, § 42.
36-9-99 General funds not to be used to support compact.
General funds not to be used to support compact.
No state general funds shall be
used to support the Nurse Licensure Compact.
Source: SL 2016, ch 194, § 43.