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.
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.