4. All meetings shall be open to the public, and public notice of meetings shall 9
be given in the same manner as required under the rule-making provisions in sub. 10
5. The commission may convene in a closed, nonpublic meeting if the 12
commission must discuss any of the following:
a. Noncompliance of a party state with its obligations under this compact.
b. The employment, compensation, discipline or other personnel matters, 15
practices or procedures related to specific employees or other matters related to the 16
commission's internal personnel practices and procedures.
c. Current, threatened, or reasonably anticipated litigation.
d. Negotiation of contracts for the purchase or sale of goods, services, or real 19
e. Accusing any person of a crime or formally censuring any person.
f. Disclosure of trade secrets or commercial or financial information that is 22
privileged or confidential.
g. Disclosure of information of a personal nature where disclosure would 24
constitute a clearly unwarranted invasion of personal privacy.
h. Disclosure of investigatory records compiled for law enforcement purposes.
i. Disclosure of information related to any reports prepared by or on behalf of 2
the commission for the purpose of investigation of compliance with this compact.
j. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the 5
commission's legal counsel or designee shall certify that the meeting may be closed 6
and shall reference each relevant exempting provision. The commission shall keep 7
minutes that fully and clearly describe all matters discussed in a meeting and shall 8
provide a full and accurate summary of actions taken, and the reasons therefor, 9
including a description of the views expressed. All documents considered in 10
connection with an action shall be identified in such minutes. All minutes and 11
documents of a closed meeting shall remain under seal, subject to release by a 12
majority vote of the commission or order of a court of competent jurisdiction.
(c) The commission shall, by a majority vote of the administrators, prescribe 14
bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 15
the purposes and exercise the powers of this compact, including but not limited to any 16
of the following:
1. Establishing the fiscal year of the commission.
2. Providing reasonable standards and procedures:
a. For the establishment and meetings of other committees; and
b. Governing any general or specific delegation of any authority or function of 21
3. Providing reasonable procedures for calling and conducting meetings of the 23
commission, ensuring reasonable advance notice of all meetings, and providing an 24
opportunity for attendance of such meetings by interested parties, with enumerated 25
exceptions designed to protect the public's interest, the privacy of individuals, and
proprietary information, including trade secrets. The commission may meet in 2
closed session only after a majority of the administrators vote to close a meeting in 3
whole or in part. As soon as practicable, the commission must make public a copy 4
of the vote to close the meeting revealing the vote of each administrator, with no 5
proxy votes allowed.
4. Establishing the titles, duties, and authority and reasonable procedures for 7
the election of the officers of the commission.
5. Providing reasonable standards and procedures for the establishment of the 9
personnel policies and programs of the commission. Notwithstanding any civil 10
service or other similar laws of any party state, the bylaws shall exclusively govern 11
the personnel policies and programs of the commission.
6. Providing a mechanism for winding up the operations of the commission and 13
the equitable disposition of any surplus funds that may exist after the termination 14
of this compact after the payment or reserving of all of its debts and obligations.
(d) The commission shall publish its bylaws and rules, and any amendments 16
thereto, in a convenient form on the website of the commission.
(e) The commission shall maintain its financial records in accordance with the 18
(f) The commission shall meet and take such actions as are consistent with the 20
provisions of this compact and the bylaws.
(g) The commission shall have all of the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation 23
and administration of this compact. The rules shall have the force and effect of law 24
and shall be binding in all party states.
2. To bring and prosecute legal proceedings or actions in the name of the 2
commission, provided that the standing of any licensing board to sue or be sued under 3
applicable law shall not be affected.
3. To purchase and maintain insurance and bonds.
4. To borrow, accept, or contract for services of personnel, including, but not 6
limited to, employees of a party state or nonprofit organizations.
5. To cooperate with other organizations that administer state compacts 8
related to the regulation of nursing, including but not limited to sharing 9
administrative or staff expenses, office space, or other resources.
6. To hire employees, elect or appoint officers, fix compensation, define duties, 11
grant such individuals appropriate authority to carry out the purposes of this 12
compact, and to establish the commission's personnel policies and programs relating 13
to conflicts of interest, qualifications of personnel, and other related personnel 14
7. To accept any and all appropriate donations, grants and gifts of money, 16
equipment, supplies, materials, and services, and to receive, utilize, and dispose of 17
the same; provided that at all times the commission shall avoid any appearance of 18
impropriety or conflict of interest.
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to 20
own, hold, improve, or use, any property, whether real, personal, or mixed; provided 21
that at all times the commission shall avoid any appearance of impropriety.
9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise 23
dispose of any property, whether real, personal, or mixed.
10. To establish a budget and make expenditures.
11. To borrow money.
12. To appoint committees, including advisory committees comprised of 2
administrators, state nursing regulators, state legislators or their representatives, 3
and consumer representatives, and other such interested persons.
13. To provide and receive information from, and to cooperate with, law 5
14. To adopt and use an official seal.
15. To perform such other functions as may be necessary or appropriate to 8
achieve the purposes of this compact consistent with the state regulation of nurse 9
licensure and practice.
(h) Financing of the commission:
1. The commission shall pay, or provide for the payment of, the reasonable 12
expenses of its establishment, organization, and ongoing activities.
2. The commission may also levy on and collect an annual assessment from 14
each party state to cover the cost of its operations, activities, and staff in its annual 15
budget as approved each year. The aggregate annual assessment amount, if any, 16
shall be allocated based upon a formula to be determined by the commission, which 17
shall promulgate a rule that is binding upon all party states.
3. The commission shall not incur obligations of any kind prior to securing the 19
funds adequate to meet the same; nor shall the commission pledge the credit of any 20
of the party states, except by, and with the authority of, such party state.
4. The commission shall keep accurate accounts of all receipts and 22
disbursements. The receipts and disbursements of the commission shall be subject 23
to the audit and accounting procedures established under its bylaws. However, all 24
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 2
be included in and become part of the annual report of the commission.
(i) Qualified immunity, defense and indemnification:
1. The administrators, officers, executive director, employees, and 5
representatives of the commission shall be immune from suit and liability, either 6
personally or in their official capacity, for any claim for damage to or loss of property 7
or personal injury or other civil liability caused by or arising out of any actual or 8
alleged act, error, or omission that occurred, or that the person against whom the 9
claim is made had a reasonable basis for believing occurred, within the scope of 10
commission employment, duties, or responsibilities; provided that nothing in this 11
subdivision shall be construed to protect any such person from suit or liability for any 12
damage, loss, injury, or liability caused by the intentional, willful, or wanton 13
misconduct of that person.
2. The commission shall defend any administrator, officer, executive director, 15
employee, or representative of the commission in any civil action seeking to impose 16
liability arising out of any actual or alleged act, error, or omission that occurred 17
within the scope of commission employment, duties, or responsibilities, or that the 18
person against whom the claim is made had a reasonable basis for believing occurred 19
within the scope of commission employment, duties, or responsibilities; provided 20
that nothing herein shall be construed to prohibit that person from retaining his or 21
her own counsel; and provided further that the actual or alleged act, error, or 22
omission did not result from that person's intentional, willful, or wanton misconduct.
3. The commission shall indemnify and hold harmless any administrator, 24
officer, executive director, employee, or representative of the commission for the 25
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 2
commission employment, duties, or responsibilities, or that such person had a 3
reasonable basis for believing occurred within the scope of commission employment, 4
duties, or responsibilities, provided that the actual or alleged act, error, or omission 5
did not result from the intentional, willful, or wanton misconduct of that person.
6(8) Article VIII — Rule making.
(a) The commission shall exercise its 7
rulemaking powers pursuant to the criteria set forth in this subsection and the rules 8
adopted thereunder. Rules and amendments shall become binding as of the date 9
specified in each rule or amendment and shall have the same force and effect as 10
provisions of this compact.
(b) Rules or amendments to the rules shall be adopted at a regular or special 12
meeting of the commission.
(c) Prior to promulgation and adoption of a final rule or rules by the 14
commission, and at least sixty days in advance of the meeting at which the rule will 15
be considered and voted upon, the commission shall file a notice of proposed 16
rulemaking on all of the following:
1. The website of the commission.
2. The website of each licensing board or the publication in which each state 19
would otherwise publish proposed rules.
(d) The notice of proposed rule making shall include all of the following:
1. The proposed time, date, and location of the meeting in which the rule will 22
be considered and voted upon.
2. The text of the proposed rule or amendment, and the reason for the proposed 24
3. A request for comments on the proposed rule from any interested person.
4. The manner in which interested persons may submit notice to the 2
commission of their intention to attend the public hearing and any written 3
(e) Prior to adoption of a proposed rule, the commission shall allow persons to 5
submit written data, facts, opinions, and arguments, which shall be made available 6
to the public.
(f) The commission shall grant an opportunity for a public hearing before it 8
adopts a rule or amendment.
(g) The commission shall publish the place, time, and date of the scheduled 10
1. Hearings shall be conducted in a manner providing each person who wishes 12
to comment a fair and reasonable opportunity to comment orally or in writing. All 13
hearings will be recorded, and a copy will be made available upon request.
2. Nothing in this subsection shall be construed as requiring a separate hearing 15
on each rule. Rules may be grouped for the convenience of the commission at 16
hearings required by this subsection.
(h) If no one appears at the public hearing, the commission may proceed with 18
promulgation of the proposed rule.
(i) Following the scheduled hearing date, or by the close of business on the 20
scheduled hearing date if the hearing was not held, the commission shall consider 21
all written and oral comments received.
(j) The commission shall, by majority vote of all administrators, take final 23
action on the proposed rule and shall determine the effective date of the rule, if any, 24
based on the rule-making record and the full text of the rule.
(k) Upon determination that an emergency exists, the commission may 2
consider and adopt an emergency rule without prior notice, opportunity for 3
comment, or hearing, provided that the usual rule-making procedures provided in 4
this compact and in this subsection shall be retroactively applied to the rule as soon 5
as reasonably possible, in no event later than 90 days after the effective date of the 6
rule. For the purposes of this provision, an emergency rule is one that must be 7
adopted immediately in order to do any of the following:
1. Meet an imminent threat to public health, safety, or welfare.
2. Prevent a loss of commission or party state funds.
3. Meet a deadline for the promulgation of an administrative rule that is 11
required by federal law or rule.
(L) The commission may direct revisions to a previously adopted rule or 13
amendment for purposes of correcting typographical errors, errors in format, errors 14
in consistency, or grammatical errors. Public notice of any revisions shall be posted 15
on the website of the commission. The revision shall be subject to challenge by any 16
person for a period of 30 days after posting. The revision may be challenged only on 17
grounds that the revision results in a material change to a rule. A challenge shall 18
be made in writing, and delivered to the commission, prior to the end of the notice 19
period. If no challenge is made, the revision will take effect without further action. 20
If the revision is challenged, the revision may not take effect without the approval 21
of the commission.
22(9) Article IX — Oversight, dispute resolution, and enforcement.
1. Each party state shall enforce this compact and take all actions 24
necessary and appropriate to effectuate this compact's purposes and intent.
2. The commission shall be entitled to receive service of process in any 2
proceeding that may affect the powers, responsibilities, or actions of the commission, 3
and shall have standing to intervene in such a proceeding for all purposes. Failure 4
to provide service of process in such proceeding to the commission shall render a 5
judgment or order void as to the commission, this compact, or promulgated rules.
(b) Default, technical assistance, and termination.
1. If the commission 7
determines that a party state has defaulted in the performance of its obligations or 8
responsibilities under this compact or the promulgated rules, the commission shall 9
do all of the following:
a. Provide written notice to the defaulting state and other party states of the 11
nature of the default, the proposed means of curing the default, or any other action 12
to be taken by the commission.
b. Provide remedial training and specific technical assistance regarding the 14
2. If a state in default fails to cure the default, the defaulting state's 16
membership in this compact may be terminated upon an affirmative vote of a 17
majority of the administrators, and all rights, privileges, and benefits conferred by 18
this compact may be terminated on the effective date of termination. A cure of the 19
default does not relieve the offending state of obligations or liabilities incurred 20
during the period of default.
3. Termination of membership in this compact shall be imposed only after all 22
other means of securing compliance have been exhausted. Notice of intent to 23
suspend or terminate shall be given by the commission to the governor of the 24
defaulting state and to the executive officer of the defaulting state's licensing board 25
and each of the party states.
4. A state whose membership in this compact has been terminated is 2
responsible for all assessments, obligations, and liabilities incurred through the 3
effective date of termination, including obligations that extend beyond the effective 4
date of termination.
5. The commission shall not bear any costs related to a state that is found to 6
be in default or whose membership in this compact has been terminated unless 7
agreed upon in writing between the commission and the defaulting state.
6. The defaulting state may appeal the action of the commission by petitioning 9
the U.S. District Court for the District of Columbia or the federal district in which 10
the commission has its principal offices. The prevailing party shall be awarded all 11
costs of such litigation, including reasonable attorneys' fees.
(c) Dispute resolution.
1. Upon request by a party state, the commission shall 13
attempt to resolve disputes related to the compact that arise among party states and 14
between party and nonparty states.
2. The commission shall promulgate a rule providing for both mediation and 16
binding dispute resolution for disputes, as appropriate.
3. In the event the commission cannot resolve disputes among party states 18
arising under this compact, all of the following apply:
a. The party states may submit the issues in dispute to an arbitration panel, 20
which will be comprised of individuals appointed by the compact administrator in 21
each of the affected party states and an individual mutually agreed upon by the 22
compact administrators of all the party states involved in the dispute.
b. The decision of a majority of the arbitrators shall be final and binding.
1. The commission, in the reasonable exercise of its 25
discretion, shall enforce the provisions and rules of this compact.