5. Is eligible for or holds an active, unencumbered license.
6. Has submitted, in connection with an application for initial licensure or 20
licensure by endorsement, fingerprints or other biometric data for the purpose of 21
obtaining criminal history record information from the federal bureau of 22
investigation and the agency responsible for retaining that state's criminal records.
7. Has not been convicted or found guilty, or has entered into an agreed 24
disposition, of a felony offense under applicable state or federal criminal law.
8. Has not been convicted or found guilty, or has entered into an agreed 2
disposition, of a misdemeanor offense related to the practice of nursing as 3
determined on a case-by-case basis.
9. Is not currently enrolled in an alternative program.
10. Is subject to self-disclosure requirements regarding current participation 6
in an alternative program.
11. Has a valid United States social security number.
(d) All party states shall be authorized, in accordance with existing state due 9
process law, to take adverse action against a nurse's multistate licensure privilege 10
such as revocation, suspension, probation or any other action that affects a nurse's 11
authorization to practice under a multistate licensure privilege, including cease and 12
desist actions. If a party state takes such action, it shall promptly notify the 13
administrator of the coordinated licensure information system. The administrator 14
of the coordinated licensure information system shall promptly notify the home state 15
of any such actions by remote states.
(e) A nurse practicing in a party state must comply with the state practice laws 17
of the state in which the client is located at the time service is provided. The practice 18
of nursing is not limited to patient care, but shall include all nursing practice as 19
defined by the state practice laws of the party state in which the client is located. 20
The practice of nursing in a party state under a multistate licensure privilege will 21
subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of 22
the party state in which the client is located at the time service is provided.
(f) Individuals not residing in a party state shall continue to be able to apply 24
for a party state's single-state license as provided under the laws of each party state. 25
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 2
compact shall affect the requirements established by a party state for the issuance 3
of a single-state license.
(g) Any nurse holding a home state multistate license, on the effective date of 5
this compact, may retain and renew the multistate license issued by the nurse's 6
then-current home state, provided that:
1. A nurse, who changes primary state of residence after this compact's effective 8
date, must meet all applicable requirements under par. (c) to obtain a multistate 9
license from a new home state.
2. A nurse who fails to satisfy the multistate licensure requirements in par. (c) 11
due to a disqualifying event occurring after this compact's effective date shall be 12
ineligible to retain or renew a multistate license, and the nurse's multistate license 13
shall be revoked or deactivated in accordance with applicable rules adopted by the 14
interstate commission of nurse licensure compact administrators (“commission”).
15(4) Article IV — Applications for licensure in a party state.
(a) Upon 16
application for a multistate license, the licensing board in the issuing party state 17
shall ascertain, through the coordinated licensure information system, whether the 18
applicant has ever held, or is the holder of, a license issued by any other state, 19
whether there are any encumbrances on any license or multistate licensure privilege 20
held by the applicant, whether any adverse action has been taken against any license 21
or multistate licensure privilege held by the applicant, and whether the applicant is 22
currently participating in an alternative program.
(b) A nurse may hold a multistate license, issued by the home state, in only one 24
party state at a time.
(c) 1. If a nurse changes primary state of residence by moving between 2 party 2
states, the nurse must apply for licensure in the new home state, and the multistate 3
license issued by the prior home state will be deactivated in accordance with 4
applicable rules adopted by the commission.
2. The nurse may apply for licensure in advance of a change in primary state 6
3. A multistate license shall not be issued by the new home state until the nurse 8
provides satisfactory evidence of a change in primary state of residence to the new 9
home state and satisfies all applicable requirements to obtain a multistate license 10
from the new home state.
(d) If a nurse changes primary state of residence by moving from a party state 12
to a non-party state, the multistate license issued by the prior home state will 13
convert to a single-state license, valid only in the former home state.
14(5) Article V — Additional authorities invested in party state licensing
(a) In addition to the other powers conferred by state law, a licensing board 16
shall have the authority to do any of the following:
1. Take adverse action against a nurse's multistate licensure privilege to 18
practice within that party state, subject to all of the following:
a. Only the home state shall have the power to take adverse action against a 20
nurse's license issued by the home state.
b. For purposes of taking adverse action, the home state licensing board shall 22
give the same priority and effect to reported conduct received from a remote state as 23
it would if such conduct had occurred within the home state. In so doing, the home 24
state shall apply its own state laws to determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on a nurse's 2
authority to practice within that party state.
3. Complete any pending investigations of a nurse who changes primary state 4
of residence during the course of such investigations. The licensing board shall also 5
have the authority to take appropriate action and shall promptly report the 6
conclusions of such investigations to the administrator of the coordinated licensure 7
information system. The administrator of the coordinated licensure information 8
system shall promptly notify the new home state of any such actions.
4. Issue subpoenas for both hearings and investigations that require the 10
attendance and testimony of witnesses, as well as, the production of evidence. 11
Subpoenas issued by a licensing board in a party state for the attendance and 12
testimony of witnesses or the production of evidence from another party state shall 13
be enforced in the latter state by any court of competent jurisdiction, according to the 14
practice and procedure of that court applicable to subpoenas issued in proceedings 15
pending before it. The issuing authority shall pay any witness fees, travel expenses, 16
mileage, and other fees required by the service statutes of the state in which the 17
witnesses or evidence are located.
5. Obtain and submit, for each nurse licensure applicant, fingerprint or other 19
biometric-based information to the federal bureau of investigation for criminal 20
background checks, receive the results of the federal bureau of investigation record 21
search on criminal background checks, and use the results in making licensure 22
6. If otherwise permitted by state law, recover from the affected nurse the costs 24
of investigations and disposition of cases resulting from any adverse action taken 25
against that nurse.
7. Take adverse action based on the factual findings of the remote state, 2
provided that the licensing board follows its own procedures for taking such adverse 3
(b) If adverse action is taken by the home state against a nurse's multistate 5
license, the nurse's multistate licensure privilege to practice in all other party states 6
shall be deactivated until all encumbrances have been removed from the multistate 7
license. All home state disciplinary orders that impose adverse action against a 8
nurse's multistate license shall include a statement that the nurse's multistate 9
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 11
participation in an alternative program may be used in lieu of adverse action. The 12
home state licensing board shall deactivate the multistate licensure privilege under 13
the multistate license of any nurse for the duration of the nurse's participation in an 14
15(6) Article VI — Coordinated licensure information system and exchange of
(a) All party states shall participate in a coordinated licensure 17
information system of all licensed registered nurses and licensed 18
practical/vocational nurses. This system will include information on the licensure 19
and disciplinary history of each nurse, as submitted by party states, to assist in the 20
coordination of nurse licensure and enforcement efforts.
(b) The commission, in consultation with the administrator of the coordinated 22
licensure information system, shall formulate necessary and proper procedures for 23
the identification, collection, and exchange of information under this compact.
(c) All licensing boards shall promptly report to the coordinated licensure 25
information system any adverse action, any current significant investigative
information, denials of applications (with the reasons for such denials), and nurse 2
participation in alternative programs known to the licensing board regardless of 3
whether such participation is deemed nonpublic or confidential under state law.
(d) Current significant investigative information and participation in 5
nonpublic or confidential alternative programs shall be transmitted through the 6
coordinated licensure information system only to party state licensing boards.
(e) Notwithstanding any other provision of law, all party state licensing boards 8
contributing information to the coordinated licensure information system may 9
designate information that may not be shared with nonparty states or disclosed to 10
other entities or individuals without the express permission of the contributing 11
(f) Any personally identifiable information obtained from the coordinated 13
licensure information system by a party state licensing board shall not be shared 14
with nonparty states or disclosed to other entities or individuals except to the extent 15
permitted by the laws of the party state contributing the information.
(g) Any information contributed to the coordinated licensure information 17
system that is subsequently required to be expunged by the laws of the party state 18
contributing that information shall also be expunged from the coordinated licensure 19
(h) The compact administrator of each party state shall furnish a uniform data 21
set to the compact administrator of each other party state, which shall include, at a 22
minimum, all of the following:
1. Identifying information.
2. Licensure data.
3. Information related to alternative program participation.
4. Other information that may facilitate the administration of this compact, as 2
determined by commission rules.
(i) The compact administrator of a party state shall provide all investigative 4
documents and information requested by another party state.
5(7) Article VII — Establishment of the interstate commission of nurse
6licensure compact administrators.
(a) 1. The party states hereby create and 7
establish a joint public entity known as the interstate commission of nurse licensure 8
2. The commission is an instrumentality of the party states.
3. Venue is proper, and judicial proceedings by or against the commission shall 11
be brought solely and exclusively, in a court of competent jurisdiction where the 12
principal office of the commission is located. The commission may waive venue and 13
jurisdictional defenses to the extent it adopts or consents to participate in alternative 14
dispute resolution proceedings.
4. Nothing in this compact shall be construed to be a waiver of sovereign 16
(b) Membership, voting, and meetings:
1. Each party state shall have and be limited to one administrator. The head 19
of the state licensing board or designee shall be the administrator of this compact for 20
each party state. Any administrator may be removed or suspended from office as 21
provided by the law of the state from which the administrator is appointed. Any 22
vacancy occurring in the commission shall be filled in accordance with the laws of the 23
party state in which the vacancy exists.
2. Each administrator shall be entitled to one vote with regard to the 25
promulgation of rules and creation of bylaws and shall otherwise have an
opportunity to participate in the business and affairs of the commission. An 2
administrator shall vote in person or by such other means as provided in the bylaws. 3
The bylaws may provide for an administrator's participation in meetings by 4
telephone or other means of communication.
3. The commission shall meet at least once during each calendar year. 6
Additional meetings shall be held as set forth in the bylaws or rules of the 7
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.