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HOUSE BILL NO. 351
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE FIELDS
Introduced: 2/23/26
Referred: Labor and Commerce, Finance
A BILL
FOR AN ACT ENTITLED
"An Act relating to the licensure of nursing professionals; relating to a multistate nurse 1
licensure compact; relating to employment of nurses holding a multistate licensure 2
privilege; relating to nurse staffing committees; relating to the ratio of nurses to patients 3
in hospitals; relating to entities regulated by the Department of Health; and providing 4
for an effective date." 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
* Section 1. AS 08.01.065(c) is amended to read: 7
(c) Except as provided in (f) - (l) [(f) - (k)] of this section, the department shall 8
establish fee levels under (a) of this section so that the total amount of fees collected 9
for an occupation approximately equals the actual regulatory costs for the occupation. 10
The department shall annually review each fee level to determine whether the 11
regulatory costs of each occupation are approximately equal to fee collections related 12
to that occupation. If the review indicates that an occupation's fee collections and 13
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regulatory costs are not approximately equal, the department shall calculate fee 1
adjustments and adopt regulations under (a) of this section to implement the 2
adjustments. In January of each year, the department shall report on all fee levels and 3
revisions for the previous year under this subsection to the office of management and 4
budget. If a board regulates an occupation covered by this chapter, the department 5
shall consider the board's recommendations concerning the occupation's fee levels and 6
regulatory costs before revising fee schedules to comply with this subsection. In this 7
subsection, "regulatory costs" means costs of the department that are attributable to 8
regulation of an occupation plus 9
(1) all expenses of the board that regulates the occupation if the board 10
regulates only one occupation; 11
(2) the expenses of a board that are attributable to the occupation if the 12
board regulates more than one occupation. 13
* Sec. 2. AS 08.01.065(c), as amended by sec. 1 of this Act, is amended to read: 14
(c) Except as provided in (f) - (k) [(f) - (l)] of this section, the department shall 15
establish fee levels under (a) of this section so that the total amount of fees collected 16
for an occupation approximately equals the actual regulatory costs for the occupation. 17
The department shall annually review each fee level to determine whether the 18
regulatory costs of each occupation are approximately equal to fee collections related 19
to that occupation. If the review indicates that an occupation's fee collections and 20
regulatory costs are not approximately equal, the department shall calculate fee 21
adjustments and adopt regulations under (a) of this section to implement the 22
adjustments. In January of each year, the department shall report on all fee levels and 23
revisions for the previous year under this subsection to the office of management and 24
budget. If a board regulates an occupation covered by this chapter, the department 25
shall consider the board's recommendations concerning the occupation's fee levels and 26
regulatory costs before revising fee schedules to comply with this subsection. In this 27
subsection, "regulatory costs" means costs of the department that are attributable to 28
regulation of an occupation plus 29
(1) all expenses of the board that regulates the occupation if the board 30
regulates only one occupation; 31
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(2) the expenses of a board that are attributable to the occupation if the 1
board regulates more than one occupation. 2
* Sec. 3. AS 08.01.065 is amended by adding a new subsection to read: 3
(l) Notwithstanding (c) of this section, the department shall establish fee levels 4
under (a) of this section so that the total amount of fees collected by the department 5
for individuals issued a 6
(1) single-state license to practice nursing approximately equals the 7
total regulatory costs to the department and the Board of Nursing for the practice of 8
nursing in the state under that license type; in this paragraph, "single-state license" has 9
the meaning given in AS 08.68.850; and 10
(2) multistate license to practice nursing or practicing under a 11
multistate licensure privilege approximately equals half the total regulatory costs to 12
the department and the Board of Nursing for the practice of nursing under that license 13
type or privilege; in this paragraph, 14
(A) "multistate license" has the meaning given in 15
AS 08.68.850; 16
(B) "multistate licensure privilege" has the meaning given in 17
AS 08.68.850. 18
* Sec. 4. AS 08.68.100(a) is amended to read: 19
(a) The board shall 20
(1) adopt regulations necessary to implement this chapter, including 21
regulations 22
(A) pertaining to practice as an advanced practice registered 23
nurse, including requirements for an advanced practice registered nurse to 24
practice as a certified registered nurse anesthetist, certified clinical nurse 25
specialist, certified nurse practitioner, or certified nurse midwife; regulations 26
for an advanced practice registered nurse who holds a valid federal Drug 27
Enforcement Administration registration number must address training in pain 28
management and opioid use and addiction; 29
(B) necessary to implement AS 08.68.331 - 08.68.336 relating 30
to certified nurse aides in order to protect the health, safety, and welfare of 31
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clients served by nurse aides; 1
(C) pertaining to retired nurse status; 2
(D) establishing criteria for approval of practical nurse 3
education programs that are not accredited by a national nursing accrediting 4
body; [AND] 5
(E) establishing guidelines for rendering a diagnosis, providing 6
treatment, or prescribing, dispensing, or administering a prescription drug to a 7
person without conducting a physical examination under AS 08.68.710; the 8
guidelines must include a nationally recognized model policy for standards of 9
care of a patient who is at a different location than the advanced practice 10
registered nurse; and 11
(F) necessary to implement the Multistate Nurse Licensure 12
Compact under AS 08.68.500; 13
(2) approve curricula and adopt standards for basic education programs 14
that prepare persons for licensing under this chapter [AS 08.68.190]; 15
(3) provide for surveys of the basic nursing education programs in the 16
state at the times it considers necessary; 17
(4) approve education programs that meet the requirements of this 18
chapter and of the board, and deny, revoke, or suspend approval of education 19
programs for failure to meet the requirements; 20
(5) examine, license, and renew the licenses of [QUALIFIED] 21
applicants; 22
(6) prescribe requirements for competence before a former registered, 23
advanced practice registered, or [LICENSED] practical nurse licensed under this 24
chapter may resume the practice of nursing [UNDER THIS CHAPTER]; 25
(7) define by regulation the qualifications and duties of the executive 26
administrator and delegate authority to the executive administrator that is necessary to 27
conduct board business; 28
(8) develop reasonable and uniform standards for nursing practice; 29
(9) publish advisory opinions regarding whether nursing practice 30
procedures or policies comply with acceptable standards of nursing practice as defined 31
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under this chapter; 1
(10) require applicants under this chapter to submit fingerprints and the 2
fees required by the Department of Public Safety under AS 12.62.160 for criminal 3
justice information and a national criminal history record check; the department shall 4
submit the fingerprints and fees to the Department of Public Safety for a report of 5
criminal justice information under AS 12.62 and a national criminal history record 6
check under AS 12.62.400; 7
(11) require that a licensed advanced practice registered nurse who has 8
a federal Drug Enforcement Administration registration number register with the 9
controlled substance prescription database under AS 17.30.200(n); 10
(12) submit a report to the legislature if the board determines that 11
the requirements for a multistate license or multistate licensure privilege under 12
the Multistate Nurse Licensure Compact do not meet or exceed the requirements 13
for a single-state license; the board shall submit the report to the senate secretary 14
and the chief clerk of the house of representatives and notify the legislature that 15
the report is available within 30 days after making the determination. 16
* Sec. 5. AS 08.68.100(a), as amended by sec. 4 of this Act, is amended to read: 17
(a) The board shall 18
(1) adopt regulations necessary to implement this chapter, including 19
regulations 20
(A) pertaining to practice as an advanced practice registered 21
nurse, including requirements for an advanced practice registered nurse to 22
practice as a certified registered nurse anesthetist, certified clinical nurse 23
specialist, certified nurse practitioner, or certified nurse midwife; regulations 24
for an advanced practice registered nurse who holds a valid federal Drug 25
Enforcement Administration registration number must address training in pain 26
management and opioid use and addiction; 27
(B) necessary to implement AS 08.68.331 - 08.68.336 relating 28
to certified nurse aides in order to protect the health, safety, and welfare of 29
clients served by nurse aides; 30
(C) pertaining to retired nurse status; 31
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(D) establishing criteria for approval of practical nurse 1
education programs that are not accredited by a national nursing accrediting 2
body; and 3
(E) establishing guidelines for rendering a diagnosis, providing 4
treatment, or prescribing, dispensing, or administering a prescription drug to a 5
person without conducting a physical examination under AS 08.68.710; the 6
guidelines must include a nationally recognized model policy for standards of 7
care of a patient who is at a different location than the advanced practice 8
registered nurse; [AND 9
(F) NECESSARY TO IMPLEMENT THE MULTISTATE 10
NURSE LICENSURE COMPACT UNDER AS 08.68.500;] 11
(2) approve curricula and adopt standards for basic education programs 12
that prepare persons for licensing under AS 08.68.190 [THIS CHAPTER]; 13
(3) provide for surveys of the basic nursing education programs in the 14
state at the times it considers necessary; 15
(4) approve education programs that meet the requirements of this 16
chapter and of the board, and deny, revoke, or suspend approval of education 17
programs for failure to meet the requirements; 18
(5) examine, license, and renew the licenses of qualified applicants; 19
(6) prescribe requirements for competence before a former registered, 20
advanced practice registered, or practical nurse licensed under this chapter may 21
resume the practice of nursing; 22
(7) define by regulation the qualifications and duties of the executive 23
administrator and delegate authority to the executive administrator that is necessary to 24
conduct board business; 25
(8) develop reasonable and uniform standards for nursing practice; 26
(9) publish advisory opinions regarding whether nursing practice 27
procedures or policies comply with acceptable standards of nursing practice as defined 28
under this chapter; 29
(10) require applicants under this chapter to submit fingerprints and the 30
fees required by the Department of Public Safety under AS 12.62.160 for criminal 31
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justice information and a national criminal history record check; the department shall 1
submit the fingerprints and fees to the Department of Public Safety for a report of 2
criminal justice information under AS 12.62 and a national criminal history record 3
check under AS 12.62.400; 4
(11) require that a licensed advanced practice registered nurse who has 5
a federal Drug Enforcement Administration registration number register with the 6
controlled substance prescription database under AS 17.30.200(n) [; 7
(12) SUBMIT A REPORT TO THE LEGISLATURE IF THE 8
BOARD DETERMINES THAT THE REQUIREMENTS FOR A MULTISTATE 9
LICENSE OR MULTISTATE LICENSURE PRIVILEGE UNDER THE 10
MULTISTATE NURSE LICENSURE COMPACT DO NOT MEET OR EXCEED 11
THE REQUIREMENTS FOR A SINGLE-STATE LICENSE; THE BOARD SHALL 12
SUBMIT THE REPORT TO THE SENATE SECRETARY AND THE CHIEF 13
CLERK OF THE HOUSE OF REPRESENTATIVES AND NOTIFY THE 14
LEGISLATURE THAT THE REPORT IS AVAILABLE WITHIN 30 DAYS AFTER 15
MAKING THE DETERMINATION]. 16
* Sec. 6. AS 08.68.220 is amended to read: 17
Sec. 08.68.220. Fees. The Department of Commerce, Community, and 18
Economic Development shall set fees under AS 08.01.065 for each of the following: 19
(1) registered nursing single-state license: 20
(A) application; 21
(B) license by examination; 22
(C) license by endorsement; 23
(D) license renewal; 24
(E) temporary permit; 25
(2) practical nursing single-state license: 26
(A) application; 27
(B) license by examination; 28
(C) license by endorsement; 29
(D) license renewal; 30
(E) temporary permit; 31
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(3) advanced practice registered nursing: 1
(A) application; 2
(B) license by certification examination; 3
(C) license by endorsement; 4
(D) license renewal; 5
(E) temporary permit; 6
(4) registered nursing multistate license: 7
(A) application; 8
(B) license; 9
(C) license renewal; 10
(5) practical nursing multistate license: 11
(A) application; 12
(B) license; 13
(C) license renewal. 14
* Sec. 7. AS 08.68.220, as amended by sec. 6 of this Act, is amended to read: 15
Sec. 08.68.220. Fees. The Department of Commerce, Community, and 16
Economic Development shall set fees under AS 08.01.065 for each of the following: 17
(1) registered nursing [SINGLE-STATE LICENSE]: 18
(A) application; 19
(B) license by examination; 20
(C) license by endorsement; 21
(D) license renewal; 22
(E) temporary permit; 23
(2) practical nursing [SINGLE-STATE LICENSE]: 24
(A) application; 25
(B) license by examination; 26
(C) license by endorsement; 27
(D) license renewal; 28
(E) temporary permit; 29
(3) advanced practice registered nursing: 30
(A) application; 31
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(B) license by certification examination; 1
(C) license by endorsement; 2
(D) license renewal; 3
(E) temporary permit [; 4
(4) REGISTERED NURSING MULTISTATE LICENSE: 5
(A) APPLICATION; 6
(B) LICENSE; 7
(C) LICENSE RENEWAL; 8
(5) PRACTICAL NURSING MULTISTATE LICENSE: 9
(A) APPLICATION; 10
(B) LICENSE; 11
(C) LICENSE RENEWAL]. 12
* Sec. 8. AS 08.68 is amended by adding new sections to read: 13
Article 5A. Multistate Nurse Licensure Compact. 14
Sec. 08.68.500. Compact enacted. The Multistate Nurse Licensure Compact 15
as contained in this section is enacted into law and entered into on behalf of the state 16
with all other states and jurisdictions legally joining it in a form substantially as 17
follows: 18
ARTICLE I 19
Findings and Declaration of Purpose 20
(a) The legislature finds that: 21
(1) The health and safety of the public are affected by the degree of 22
compliance with and the effectiveness of enforcement activities related to state nurse 23
licensure laws; 24
(2) Violations of nurse licensure and other laws regulating the practice 25
of nursing may result in injury or harm to the public; 26
(3) The expanded mobility of nurses and the use of advanced 27
communication technologies as part of our nation's health care delivery system require 28
greater coordination and cooperation among states in the areas of nurse licensure and 29
regulation; 30
(4) New practice modalities and technology make compliance with 31
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individual state nurse licensure laws difficult and complex; 1
(5) The current system of duplicative licensure for nurses practicing in 2
multiple states is cumbersome and redundant for both nurses and states; and 3
(6) Uniformity of nurse licensure requirements throughout the states 4
promotes public safety and public health benefits. 5
(b) The general purposes of this Compact are to: 6
(1) Facilitate the states' responsibility to protect the public's health and 7
safety; 8
(2) Ensure and encourage the cooperation of party states in the areas of 9
nurse licensure and regulation; 10
(3) Facilitate the exchange of information between party states in the 11
areas of nurse regulation, investigation and adverse actions; 12
(4) Promote compliance with the laws governing the practice of 13
nursing in each jurisdiction; 14
(5) Invest all party states with the authority to hold a nurse accountable 15
for meeting all state practice laws in the state in which the patient is located at the time 16
care is rendered through the mutual recognition of party state licenses; 17
(6) Decrease redundancies in the consideration and issuance of nurse 18
licenses; and 19
(7) Provide opportunities for interstate practice by nurses who meet 20
uniform licensure requirements. 21
ARTICLE II 22
Definitions 23
As used in this compact, unless the context clearly requires a different construction, 24
(a) "Adverse action" means any administrative, civil, equitable or criminal 25
action permitted by a state's laws which is imposed by a licensing board or other 26
authority against a nurse, including actions against an individual's license or multistate 27
licensure privilege such as revocation, suspension, probation, monitoring of the 28
licensee, limitation on the licensee's practice, or any other encumbrance on licensure 29
affecting a nurse's authorization to practice, including issuance of a cease and desist 30
action. 31
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(b) "Alternative program" means a non-disciplinary monitoring program 1
approved by a licensing board. 2
(c) "Coordinated licensure information system" means an integrated process 3
for collecting, storing and sharing information on nurse licensure and enforcement 4
activities related to nurse licensure laws that is administered by a nonprofit 5
organization composed of and controlled by licensing boards. 6
(d) "Current significant investigative information" means: 7
(1) Investigative information that a licensing board, after a preliminary 8
inquiry that includes notification and an opportunity for the nurse to respond, if 9
required by state law, has reason to believe is not groundless and, if proved true, 10
would indicate more than a minor infraction; or 11
(2) Investigative information that indicates that the nurse represents an 12
immediate threat to public health and safety regardless of whether the nurse has been 13
notified and had an opportunity to respond. 14
(e) "Encumbrance" means a revocation or suspension of, or any limitation on, 15
the full and unrestricted practice of nursing imposed by a licensing board. 16
(f) "Home state" means the party state which is the nurse's primary state of 17
residence. 18
(g) "Licensing board" means a party state's regulatory body responsible for 19
issuing nurse licenses. 20
(h) "Multistate license" means a license to practice as a registered or a 21
licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board 22
that authorizes the licensed nurse to practice in all party states under a multistate 23
licensure privilege. 24
(i) "Multistate licensure privilege" means a legal authorization associated with 25
a multistate license permitting the practice of nursing as either a registered nurse (RN) 26
or LPN/VN in a remote state. 27
(j) "Nurse" means RN or LPN/VN, as those terms are defined by each party 28
state's practice laws. 29
(k) "Party state" means any state that has adopted this Compact. 30
(l) "Remote state" means a party state, other than the home state. 31
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(m) "Single-state license" means a nurse license issued by a party state that 1
authorizes practice only within the issuing state and does not include a multistate 2
licensure privilege to practice in any other party state. 3
(n) "State" means a state, territory or possession of the United States and the 4
District of Columbia. 5
(o) "State practice laws" means a party state's laws, rules and regulations that 6
govern the practice of nursing, define the scope of nursing practice, and create the 7
methods and grounds for imposing discipline. "State practice laws" do not include 8
requirements necessary to obtain and retain a license, except for qualifications or 9
requirements of the home state. 10
ARTICLE III 11
General Provisions and Jurisdiction 12
(a) A multistate license to practice registered or licensed practical/vocational 13
nursing issued by a home state to a resident in that state will be recognized by each 14
party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed 15
practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each 16
party state. 17
(b) A state must implement procedures for considering the criminal history 18
records of applicants for initial multistate license or licensure by endorsement. Such 19
procedures shall include the submission of fingerprints or other biometric-based 20
information by applicants for the purpose of obtaining an applicant's criminal history 21
record information from the Federal Bureau of Investigation and the agency 22
responsible for retaining that state's criminal records. 23
(c) Each party state shall require the following for an applicant to obtain or 24
retain a multistate license in the home state: 25
(1) Meets the home state's qualifications for licensure or renewal of 26
licensure, as well as, all other applicable state laws; 27
(2) Has graduated or is eligible to graduate from a licensing board-28
approved RN or LPN/VN prelicensure education program; or has graduated from a 29
foreign RN or LPN/VN prelicensure education program that (a) has been approved by 30
the authorized accrediting body in the applicable country and (b) has been verified by 31
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an independent credentials review agency to be comparable to a licensing board-1
approved prelicensure education program; 2
(3) Has, if a graduate of a foreign prelicensure education program not 3
taught in English or if English is not the individual's native language, successfully 4
passed an English proficiency examination that includes the components of reading, 5
speaking, writing and listening; 6
(4) Has successfully passed an NCLEX-RN or NCLEX-PN 7
Examination or recognized predecessor, as applicable; 8
(5) Is eligible for or holds an active, unencumbered license; 9
(6) Has submitted, in connection with an application for initial 10
licensure or licensure by endorsement, fingerprints or other biometric data for the 11
purpose of obtaining criminal history record information from the Federal Bureau of 12
Investigation and the agency responsible for retaining that state's criminal records; 13
(7) Has not been convicted or found guilty, or has entered into an 14
agreed disposition, of a felony offense under applicable state or federal criminal law; 15
(8) Has not been convicted or found guilty, or has entered into an 16
agreed disposition, of a misdemeanor offense related to the practice of nursing as 17
determined on a case-by-case basis; 18
(9) Is not currently enrolled in an alternative program; 19
(10) Is subject to self-disclosure requirements regarding current 20
participation in an alternative program; and 21
(11) Has a valid United States Social Security number. 22
(d) All party states shall be authorized, in accordance with existing state due 23
process law, to take adverse action against a nurse's multistate licensure privilege such 24
as revocation, suspension, probation or any other action that affects a nurse's 25
authorization to practice under a multistate licensure privilege, including cease and 26
desist actions. If a party state takes such action, it shall promptly notify the 27
administrator of the coordinated licensure information system. The administrator of 28
the coordinated licensure information system shall promptly notify the home state of 29
any such actions by remote states. 30
(e) A nurse practicing in a party state must comply with the state practice laws 31
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of the state in which the client is located at the time service is provided. The practice 1
of nursing is not limited to patient care, but shall include all nursing practice as 2
defined by the state practice laws of the party state in which the client is located. The 3
practice of nursing in a party state under a multistate licensure privilege will subject a 4
nurse to the jurisdiction of the licensing board, the courts and the laws of the party 5
state in which the client is located at the time service is provided. 6
(f) Individuals not residing in a party state shall continue to be able to apply 7
for a party state's single-state license as provided under the laws of each party state. 8
However, the single-state license granted to these individuals will not be recognized as 9
granting the privilege to practice nursing in any other party state. Nothing in this 10
Compact shall affect the requirements established by a party state for the issuance of a 11
single-state license. 12
(g) Any nurse holding a home state multistate license, on the effective date of 13
this Compact, may retain and renew the multistate license issued by the nurse's then-14
current home state, provided that: 15
(1) A nurse, who changes primary state of residence after this 16
Compact's effective date, must meet all applicable Article III(c) requirements to obtain 17
a multistate license from a new home state. 18
(2) A nurse who fails to satisfy the multistate licensure requirements in 19
Article III(c) due to a disqualifying event occurring after this Compact's effective date 20
shall be ineligible to retain or renew a multistate license, and the nurse's multistate 21
license shall be revoked or deactivated in accordance with applicable rules adopted by 22
the Interstate Commission of Nurse Licensure Compact Administrators 23
("Commission"). 24
ARTICLE IV 25
Applications for Licensure in a Party State 26
(a) Upon application for a multistate license, the licensing board in the issuing 27
party state shall ascertain, through the coordinated licensure information system, 28
whether the applicant has ever held, or is the holder of, a license issued by any other 29
state, whether there are any encumbrances on any license or multistate licensure 30
privilege held by the applicant, whether any adverse action has been taken against any 31
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license or multistate licensure privilege held by the applicant and whether the 1
applicant is currently participating in an alternative program. 2
(b) A nurse may hold a multistate license, issued by the home state, in only 3
one party state at a time. 4
(c) If a nurse changes primary state of residence by moving between two party 5
states, the nurse must apply for licensure in the new home state, and the multistate 6
license issued by the prior home state will be deactivated in accordance with 7
applicable rules adopted by the Commission. 8
(1) The nurse may apply for licensure in advance of a change in 9
primary state of residence. 10
(2) A multistate license shall not be issued by the new home state until 11
the nurse provides satisfactory evidence of a change in primary state of residence to 12
the new home state and satisfies all applicable requirements to obtain a multistate 13
license from the new home state. 14
(d) If a nurse changes primary state of residence by moving from a party state 15
to a non-party state, the multistate license issued by the prior home state will convert 16
to a single-state license, valid only in the former home state. 17
ARTICLE V 18
Additional Authorities Invested in Party State Licensing Boards 19
(a) In addition to the other powers conferred by state law, a licensing board 20
shall have the authority to: 21
(1) Take adverse action against a nurse's multistate licensure privilege 22
to practice within that party state. 23
(A) Only the home state shall have the power to take adverse 24
action against a nurse's license issued by the home state. 25
(B) For purposes of taking adverse action, the home state 26
licensing board shall give the same priority and effect to reported conduct 27
received from a remote state as it would if such conduct had occurred within 28
the home state. In so doing, the home state shall apply its own state laws to 29
determine appropriate action. 30
(2) Issue cease and desist orders or impose an encumbrance on a 31
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nurse's authority to practice within that party state. 1
(3) Complete any pending investigations of a nurse who changes 2
primary state of residence during the course of such investigations. The licensing 3
board shall also have the authority to take appropriate action(s) and shall promptly 4
report the conclusions of such investigations to the administrator of the coordinated 5
licensure information system. The administrator of the coordinated licensure 6
information system shall promptly notify the new home state of any such actions. 7
(4) Issue subpoenas for both hearings and investigations that require 8
the attendance and testimony of witnesses, as well as, the production of evidence. 9
Subpoenas issued by a licensing board in a party state for the attendance and 10
testimony of witnesses or the production of evidence from another party state shall be 11
enforced in the latter state by any court of competent jurisdiction, according to the 12
practice and procedure of that court applicable to subpoenas issued in proceedings 13
pending before it. The issuing authority shall pay any witness fees, travel expenses, 14
mileage and other fees required by the service statutes of the state in which the 15
witnesses or evidence are located. 16
(5) Obtain and submit, for each nurse licensure applicant, fingerprint 17
or other biometric-based information to the Federal Bureau of Investigation for 18
criminal background checks, receive the results of the Federal Bureau of Investigation 19
record search on criminal background checks and use the results in making licensure 20
decisions. 21
(6) If otherwise permitted by state law, recover from the affected nurse 22
the costs of investigations and disposition of cases resulting from any adverse action 23
taken against that nurse. 24
(7) Take adverse action based on the factual findings of the remote 25
state, provided that the licensing board follows its own procedures for taking such 26
adverse action. 27
(b) If adverse action is taken by the home state against a nurse's multistate 28
license, the nurse's multistate licensure privilege to practice in all other party states 29
shall be deactivated until all encumbrances have been removed from the multistate 30
license. All home state disciplinary orders that impose adverse action against a nurse's 31
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multistate license shall include a statement that the nurse's multistate licensure 1
privilege is deactivated in all party states during the pendency of the order. Nothing in 2
this Compact shall override a party state's decision that participation in an alternative 3
program may be used in lieu of adverse action. The home state licensing board shall 4
deactivate the multistate licensure privilege under the multistate license of any nurse 5
for the duration of the nurse's participation in an alternative program. 6
ARTICLE VI 7
Coordinated Licensure Information System and Exchange of Information 8
(a) All party states shall participate in a coordinated licensure information 9
system of all licensed registered nurses (RNs) and licensed practical/vocational nurses 10
(LPNs/VNs). This system will include information on the licensure and disciplinary 11
history of each nurse, as submitted by party states, to assist in the coordination of 12
nurse licensure and enforcement efforts. 13
(b) The Commission, in consultation with the administrator of the coordinated 14
licensure information system, shall formulate necessary and proper procedures for the 15
identification, collection and exchange of information under this Compact. 16
(c) All licensing boards shall promptly report to the coordinated licensure 17
information system any adverse action, any current significant investigative 18
information, denials of applications (with the reasons for such denials) and nurse 19
participation in alternative programs known to the licensing board regardless of 20
whether such participation is deemed nonpublic or confidential under state law. 21
(d) Current significant investigative information and participation in nonpublic 22
or confidential alternative programs shall be transmitted through the coordinated 23
licensure information system only to party state licensing boards. 24
(e) Notwithstanding any other provision of law, all party state licensing boards 25
contributing information to the coordinated licensure information system may 26
designate information that may not be shared with non-party states or disclosed to 27
other entities or individuals without the express permission of the contributing state. 28
(f) Any personally identifiable information obtained from the coordinated 29
licensure information system by a party state licensing board shall not be shared with 30
non-party states or disclosed to other entities or individuals except to the extent 31
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permitted by the laws of the party state contributing the information. 1
(g) Any information contributed to the coordinated licensure information 2
system that is subsequently required to be expunged by the laws of the party state 3
contributing that information shall also be expunged from the coordinated licensure 4
information system. 5
(h) The Compact administrator of each party state shall furnish a uniform data 6
set to the Compact administrator of each other party state, which shall include, at a 7
minimum: 8
(1) Identifying information; 9
(2) Licensure data; 10
(3) Information related to alternative program participation; and 11
(4) Other information that may facilitate the administration of this 12
Compact, as determined by Commission rules. 13
(i) The Compact administrator of a party state shall provide all investigative 14
documents and information requested by another party state. 15
ARTICLE VII 16
Establishment of the Interstate Commission of Nurse Licensure Compact Administrators 17
(a) The party states hereby create and establish a joint public entity known as 18
the Interstate Commission of Nurse Licensure Compact Administrators. 19
(1) The Commission is an instrumentality of the party states. 20
(2) Venue is proper, and judicial proceedings by or against the 21
Commission shall be brought solely and exclusively, in a court of competent 22
jurisdiction where the principal office of the Commission is located. The Commission 23
may waive venue and jurisdictional defenses to the extent it adopts or consents to 24
participate in alternative dispute resolution proceedings. 25
(3) Nothing in this Compact shall be construed to be a waiver of 26
sovereign immunity. 27
(b) Membership, Voting and Meetings 28
(1) Each party state shall have and be limited to one administrator. The 29
head of the state licensing board or designee shall be the administrator of this Compact 30
for each party state. Any administrator may be removed or suspended from office as 31
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provided by the law of the state from which the Administrator is appointed. Any 1
vacancy occurring in the Commission shall be filled in accordance with the laws of the 2
party state in which the vacancy exists. 3
(2) Each administrator shall be entitled to one (1) vote with regard to 4
the promulgation of rules and creation of bylaws and shall otherwise have an 5
opportunity to participate in the business and affairs of the Commission. An 6
administrator shall vote in person or by such other means as provided in the bylaws. 7
The bylaws may provide for an administrator's participation in meetings by telephone 8
or other means of communication. 9
(3) The Commission shall meet at least once during each calendar 10
year. Additional meetings shall be held as set forth in the bylaws or rules of the 11
commission. 12
(4) All meetings shall be open to the public, and public notice of 13
meetings shall be given in the same manner as required under the rulemaking 14
provisions in Article VIII. 15
(5) The Commission may convene in a closed, nonpublic meeting if 16
the Commission must discuss: 17
(A) Noncompliance of a party state with its obligations under 18
this Compact; 19
(B) The employment, compensation, discipline or other 20
personnel matters, practices or procedures related to specific employees or 21
other matters related to the Commission's internal personnel practices and 22
procedures; 23
(C) Current, threatened or reasonably anticipated litigation; 24
(D) Negotiation of contracts for the purchase or sale of goods, 25
services or real estate; 26
(E) Accusing any person of a crime or formally censuring any 27
person; 28
(F) Disclosure of trade secrets or commercial or financial 29
information that is privileged or confidential; 30
(G) Disclosure of information of a personal nature where 31
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disclosure would constitute a clearly unwarranted invasion of personal privacy; 1
(H) Disclosure of investigatory records compiled for law 2
enforcement purposes; 3
(I) Disclosure of information related to any reports prepared by 4
or on behalf of the Commission for the purpose of investigation of compliance 5
with this Compact; or 6
(J) Matters specifically exempted from disclosure by federal or 7
state statute. 8
(6) If a meeting, or portion of a meeting, is closed pursuant to this 9
provision, the Commission's legal counsel or designee shall certify that the meeting 10
may be closed and shall reference each relevant exempting provision. The 11
Commission shall keep minutes that fully and clearly describe all matters discussed in 12
a meeting and shall provide a full and accurate summary of actions taken, and the 13
reasons therefor, including a description of the views expressed. All documents 14
considered in connection with an action shall be identified in such minutes. All 15
minutes and documents of a closed meeting shall remain under seal, subject to release 16
by a majority vote of the Commission or order of a court of competent jurisdiction. 17
(c) The Commission shall, by a majority vote of the administrators, prescribe 18
bylaws or rules to govern its conduct as may be necessary or appropriate to carry out 19
the purposes and exercise the powers of this Compact, including but not limited to: 20
(1) Establishing the fiscal year of the Commission; 21
(2) Providing reasonable standards and procedures: 22
(A) For the establishment and meetings of other committees; 23
and 24
(B) Governing any general or specific delegation of any 25
authority or function of the Commission; 26
(3) Providing reasonable procedures for calling and conducting 27
meetings of the Commission, ensuring reasonable advance notice of all meetings and 28
providing an opportunity for attendance of such meetings by interested parties, with 29
enumerated exceptions designed to protect the public's interest, the privacy of 30
individuals, and proprietary information, including trade secrets. The Commission 31
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may meet in closed session only after a majority of the administrators vote to close a 1
meeting in whole or in part. As soon as practicable, the Commission must make public 2
a copy of the vote to close the meeting revealing the vote of each administrator, with 3
no proxy votes allowed; 4
(4) Establishing the titles, duties and authority and reasonable 5
procedures for the election of the officers of the Commission; 6
(5) Providing reasonable standards and procedures for the 7
establishment of the personnel policies and programs of the Commission. 8
Notwithstanding any civil service or other similar laws of any party state, the bylaws 9
shall exclusively govern the personnel policies and programs of the Commission; and 10
(6) Providing a mechanism for winding up the operations of the 11
Commission and the equitable disposition of any surplus funds that may exist after the 12
termination of this Compact after the payment or reserving of all of its debts and 13
obligations; 14
(d) The Commission shall publish its bylaws and rules, and any amendments 15
thereto, in a convenient form on the website of the Commission. 16
(e) The Commission shall maintain its financial records in accordance with the 17
bylaws. 18
(f) The Commission shall meet and take such actions as are consistent with the 19
provisions of this Compact and the bylaws. 20
(g) The Commission shall have the following powers: 21
(1) To promulgate uniform rules to facilitate and coordinate 22
implementation and administration of this Compact. The rules shall have the force and 23
effect of law and shall be binding in all party states; 24
(2) To bring and prosecute legal proceedings or actions in the name of 25
the Commission, provided that the standing of any licensing board to sue or be sued 26
under applicable law shall not be affected; 27
(3) To purchase and maintain insurance and bonds; 28
(4) To borrow, accept or contract for services of personnel, including, 29
but not limited to, employees of a party state or nonprofit organizations; 30
(5) To cooperate with other organizations that administer state 31
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compacts related to the regulation of nursing, including but not limited to sharing 1
administrative or staff expenses, office space or other resources; 2
(6) To hire employees, elect or appoint officers, fix compensation, 3
define duties, grant such individuals appropriate authority to carry out the purposes of 4
this Compact, and to establish the Commission's personnel policies and programs 5
relating to conflicts of interest, qualifications of personnel and other related personnel 6
matters; 7
(7) To accept any and all appropriate donations, grants and gifts of 8
money, equipment, supplies, materials and services, and to receive, utilize and dispose 9
of the same; provided that at all times the Commission shall avoid any appearance of 10
impropriety or conflict of interest; 11
(8) To lease, purchase, accept appropriate gifts or donations of, or 12
otherwise to own, hold, improve or use, any property, whether real, personal or mixed; 13
provided that at all times the Commission shall avoid any appearance of impropriety; 14
(9) To sell, convey, mortgage, pledge, lease, exchange, abandon or 15
otherwise dispose of any property, whether real, personal or mixed; 16
(10) To establish a budget and make expenditures; 17
(11) To borrow money; 18
(12) To appoint committees, including advisory committees comprised 19
of administrators, state nursing regulators, state legislators or their representatives, and 20
consumer representatives, and other such interested persons; 21
(13) To provide and receive information from, and to cooperate with, 22
law enforcement agencies; 23
(14) To adopt and use an official seal; and 24
(15) To perform such other functions as may be necessary or 25
appropriate to achieve the purposes of this Compact consistent with the state 26
regulation of nurse licensure and practice. 27
(h) Financing of the Commission 28
(1) The Commission shall pay, or provide for the payment of, the 29
reasonable expenses of its establishment, organization and ongoing activities. 30
(2) The Commission may also levy on and collect an annual 31
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assessment from each party state to cover the cost of its operations, activities and staff 1
in its annual budget as approved each year. The aggregate annual assessment amount, 2
if any, shall be allocated based upon a formula to be determined by the Commission, 3
which shall promulgate a rule that is binding upon all party states. 4
(3) The Commission shall not incur obligations of any kind prior to 5
securing the funds adequate to meet the same; nor shall the Commission pledge the 6
credit of any of the party states, except by, and with the authority of, such party state. 7
(4) The Commission shall keep accurate accounts of all receipts and 8
disbursements. The receipts and disbursements of the Commission shall be subject to 9
the audit and accounting procedures established under its bylaws. However, all 10
receipts and disbursements of funds handled by the Commission shall be audited 11
yearly by a certified or licensed public accountant, and the report of the audit shall be 12
included in and become part of the annual report of the Commission. 13
(i) Qualified Immunity, Defense and Indemnification 14
(1) The administrators, officers, executive director, employees and 15
representatives of the Commission shall be immune from suit and liability, either 16
personally or in their official capacity, for any claim for damage to or loss of property 17
or personal injury or other civil liability caused by or arising out of any actual or 18
alleged act, error or omission that occurred, or that the person against whom the claim 19
is made had a reasonable basis for believing occurred, within the scope of 20
Commission employment, duties or responsibilities; provided that nothing in this 21
paragraph shall be construed to protect any such person from suit or liability for any 22
damage, loss, injury or liability caused by the intentional, willful or wanton 23
misconduct of that person. 24
(2) The Commission shall defend any administrator, officer, executive 25
director, employee or representative of the Commission in any civil action seeking to 26
impose liability arising out of any actual or alleged act, error or omission that occurred 27
within the scope of Commission employment, duties or responsibilities, or that the 28
person against whom the claim is made had a reasonable basis for believing occurred 29
within the scope of Commission employment, duties or responsibilities; provided that 30
nothing herein shall be construed to prohibit that person from retaining his or her own 31
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counsel; and provided further that the actual or alleged act, error or omission did not 1
result from that person's intentional, willful or wanton misconduct. 2
(3) The Commission shall indemnify and hold harmless any 3
administrator, officer, executive director, employee or representative of the 4
Commission for the amount of any settlement or judgment obtained against that 5
person arising out of any actual or alleged act, error or omission that occurred within 6
the scope of Commission employment, duties or responsibilities, or that such person 7
had a reasonable basis for believing occurred within the scope of Commission 8
employment, duties or responsibilities, provided that the actual or alleged act, error or 9
omission did not result from the intentional, willful or wanton misconduct of that 10
person. 11
ARTICLE VIII 12
Rulemaking 13
(a) The Commission shall exercise its rulemaking powers pursuant to the 14
criteria set forth in this Article and the rules adopted thereunder. Rules and 15
amendments shall become binding as of the date specified in each rule or amendment 16
and shall have the same force and effect as provisions of this Compact. 17
(b) Rules or amendments to the rules shall be adopted at a regular or special 18
meeting of the Commission. 19
(c) Prior to promulgation and adoption of a final rule or rules by the 20
Commission, and at least sixty (60) days in advance of the meeting at which the rule 21
will be considered and voted upon, the Commission shall file a notice of proposed 22
rulemaking: 23
(1) On the website of the Commission; and 24
(2) On the website of each licensing board or the publication in which 25
each state would otherwise publish proposed rules. 26
(d) The notice of proposed rulemaking shall include: 27
(1) The proposed time, date and location of the meeting in which the 28
rule will be considered and voted upon; 29
(2) The text of the proposed rule or amendment, and the reason for the 30
proposed rule; 31
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(3) A request for comments on the proposed rule from any interested 1
person; and 2
(4) The manner in which interested persons may submit notice to the 3
Commission of their intention to attend the public hearing and any written comments. 4
(e) Prior to adoption of a proposed rule, the Commission shall allow persons 5
to submit written data, facts, opinions and arguments, which shall be made available to 6
the public. 7
(f) The Commission shall grant an opportunity for a public hearing before it 8
adopts a rule or amendment. 9
(g) The Commission shall publish the place, time and date of the scheduled 10
public hearing. 11
(1) Hearings shall be conducted in a manner providing each person 12
who wishes to comment a fair and reasonable opportunity to comment orally or in 13
writing. All hearings will be recorded, and a copy will be made available upon request. 14
(2) Nothing in this section shall be construed as requiring a separate 15
hearing on each rule. Rules may be grouped for the convenience of the Commission at 16
hearings required by this section. 17
(h) If no one appears at the public hearing, the Commission may proceed with 18
promulgation of the proposed rule. 19
(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 all 21
written and oral comments received. 22
(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 rulemaking record and the full text of the rule. 25
(k) Upon determination that an emergency exists, the Commission may 26
consider and adopt an emergency rule without prior notice, opportunity for comment 27
or hearing, provided that the usual rulemaking procedures provided in this Compact 28
and in this section shall be retroactively applied to the rule as soon as reasonably 29
possible, in no event later than ninety (90) days after the effective date of the rule. For 30
the purposes of this provision, an emergency rule is one that must be adopted 31
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immediately in order to: 1
(1) Meet an imminent threat to public health, safety or welfare; 2
(2) Prevent a loss of Commission or party state funds; or 3
(3) Meet a deadline for the promulgation of an administrative rule that 4
is required by federal law or rule. 5
(l) The Commission may direct revisions to a previously adopted rule or 6
amendment for purposes of correcting typographical errors, errors in format, errors in 7
consistency or grammatical errors. Public notice of any revisions shall be posted on 8
the website of the Commission. The revision shall be subject to challenge by any 9
person for a period of thirty (30) days after posting. The revision may be challenged 10
only on grounds that the revision results in a material change to a rule. A challenge 11
shall be made in writing, and delivered to the Commission, prior to the end of the 12
notice period. If no challenge is made, the revision will take effect without further 13
action. If the revision is challenged, the revision may not take effect without the 14
approval of the Commission. 15
ARTICLE IX 16
Oversight, Dispute Resolution and Enforcement 17
(a) Oversight 18
(1) Each party state shall enforce this Compact and take all actions 19
necessary and appropriate to effectuate this Compact's purposes and intent. 20
(2) The Commission shall be entitled to receive service of process in 21
any proceeding that may affect the powers, responsibilities or actions of the 22
Commission, and shall have standing to intervene in such a proceeding for all 23
purposes. Failure to provide service of process in such proceeding to the Commission 24
shall render a judgment or order void as to the Commission, this Compact or 25
promulgated rules. 26
(b) Default, Technical Assistance and Termination 27
(1) If the Commission determines that a party state has defaulted in the 28
performance of its obligations or responsibilities under this Compact or the 29
promulgated rules, the Commission shall: 30
(A) Provide written notice to the defaulting state and other 31
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party states of the nature of the default, the proposed means of curing the 1
default or any other action to be taken by the Commission; and 2
(B) Provide remedial training and specific technical assistance 3
regarding the default. 4
(2) If a state in default fails to cure the default, the defaulting state's 5
membership in this Compact may be terminated upon an affirmative vote of a majority 6
of the administrators, and all rights, privileges and benefits conferred by this Compact 7
may be terminated on the effective date of termination. A cure of the default does not 8
relieve the offending state of obligations or liabilities incurred during the period of 9
default. 10
(3) Termination of membership in this Compact shall be imposed only 11
after all other means of securing compliance have been exhausted. Notice of intent to 12
suspend or terminate shall be given by the Commission to the governor of the 13
defaulting state and to the executive officer of the defaulting state's licensing board 14
and each of the party states. 15
(4) A state whose membership in this Compact has been terminated is 16
responsible for all assessments, obligations and liabilities incurred through the 17
effective date of termination, including obligations that extend beyond the effective 18
date of termination. 19
(5) The Commission shall not bear any costs related to a state that is 20
found to be in default or whose membership in this Compact has been terminated 21
unless agreed upon in writing between the Commission and the defaulting state. 22
(6) The defaulting state may appeal the action of the Commission by 23
petitioning the U.S. District Court for the District of Columbia or the federal district in 24
which the Commission has its principal offices. The prevailing party shall be awarded 25
all costs of such litigation, including reasonable attorneys' fees. 26
(c) Dispute Resolution 27
(1) Upon request by a party state, the Commission shall attempt to 28
resolve disputes related to the Compact that arise among party states and between 29
party and non-party states. 30
(2) The Commission shall promulgate a rule providing for both 31
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mediation and binding dispute resolution for disputes, as appropriate. 1
(3) In the event the Commission cannot resolve disputes among party 2
states arising under this Compact: 3
(A) The party states may submit the issues in dispute to an 4
arbitration panel, which will be comprised of individuals appointed by the 5
Compact administrator in each of the affected party states and an individual 6
mutually agreed upon by the Compact administrators of all the party states 7
involved in the dispute. 8
(B) The decision of a majority of the arbitrators shall be final 9
and binding. 10
(d) Enforcement 11
(1) The Commission, in the reasonable exercise of its discretion, shall 12
enforce the provisions and rules of this Compact. 13
(2) By majority vote, the Commission may initiate legal action in the 14
U.S. District Court for the District of Columbia or the federal district in which the 15
Commission has its principal offices against a party state that is in default to enforce 16
compliance with the provisions of this Compact and its promulgated rules and bylaws. 17
The relief sought may include both injunctive relief and damages. In the event judicial 18
enforcement is necessary, the prevailing party shall be awarded all costs of such 19
litigation, including reasonable attorneys' fees. 20
(3) The remedies herein shall not be the exclusive remedies of the 21
Commission. The Commission may pursue any other remedies available under federal 22
or state law. 23
ARTICLE X 24
Effective Date, Withdrawal and Amendment 25
(a) This Compact shall become effective and binding on the earlier of the date 26
of legislative enactment of this Compact into law by no less than twenty-six (26) states 27
or December 31, 2018. All party states to this Compact, that also were parties to the 28
prior Nurse Licensure Compact, superseded by this Compact, ("Prior Compact"), shall 29
be deemed to have withdrawn from said Prior Compact within six (6) months after the 30
effective date of this Compact. 31
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(b) Each party state to this Compact shall continue to recognize a nurse's 1
multistate licensure privilege to practice in that party state issued under the Prior 2
Compact until such party state has withdrawn from the Prior Compact. 3
(c) Any party state may withdraw from this Compact by enacting a statute 4
repealing the same. A party state's withdrawal shall not take effect until six (6) months 5
after enactment of the repealing statute. 6
(d) A party state's withdrawal or termination shall not affect the continuing 7
requirement of the withdrawing or terminated state's licensing board to report adverse 8
actions and significant investigations occurring prior to the effective date of such 9
withdrawal or termination. 10
(e) Nothing contained in this Compact shall be construed to invalidate or 11
prevent any nurse licensure agreement or other cooperative arrangement between a 12
party state and a non-party state that is made in accordance with the other provisions 13
of this Compact. 14
(f) This Compact may be amended by the party states. No amendment to this 15
Compact shall become effective and binding upon the party states unless and until it is 16
enacted into the laws of all party states. 17
(g) Representatives of non-party states to this Compact shall be invited to 18
participate in the activities of the Commission, on a nonvoting basis, prior to the 19
adoption of this Compact by all states. 20
ARTICLE XI 21
Construction and Severability 22
This Compact shall be liberally construed so as to effectuate the purposes 23
thereof. The provisions of this Compact shall be severable, and if any phrase, clause, 24
sentence or provision of this Compact is declared to be contrary to the constitution of 25
any party state or of the United States, or if the applicability thereof to any 26
government, agency, person or circumstance is held invalid, the validity of the 27
remainder of this Compact and the applicability thereof to any government, agency, 28
person or circumstance shall not be affected thereby. If this Compact shall be held to 29
be contrary to the constitution of any party state, this Compact shall remain in full 30
force and effect as to the remaining party states and in full force and effect as to the 31
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party state affected as to all severable matters. 1
Sec. 08.68.510. Compact fees. In addition to the fees established under 2
AS 08.01.065(l)(2), the Department of Commerce, Community, and Economic 3
Development shall establish a fee to be collected from entities licensed under 4
AS 47.32 so that the total amount of fees collected by the department from licensed 5
entities approximately equals half the total regulatory costs to the department and the 6
board for the practice of nursing under multistate licenses and multistate licensure 7
privileges. The Department of Commerce, Community, and Economic Development 8
shall deposit the funds into the general fund. The legislature may appropriate the funds 9
to pay the costs associated with regulating the practice of nursing under multistate 10
licenses and multistate licensure privileges. 11
* Sec. 9. AS 08.68 is amended by adding a new section to article 6 to read: 12
Sec. 08.68.720. Registry of nurses practicing under a multistate licensure 13
privilege. (a) A person who employs a nurse practicing in this state under a multistate 14
licensure privilege shall, before the nurse practices in the state, submit to the board the 15
name and date of hire of the nurse and notify the board when the nurse's employment 16
terminates. 17
(b) A nurse who holds a multistate licensure privilege may submit the nurse's 18
address and other workforce-related data to the board. 19
(c) The board shall develop a reporting system to collect information 20
submitted under this section and shall maintain a registry of the information, including 21
the number of nurses practicing in the state under a multistate licensure privilege and 22
the state in which each nurse is a resident. 23
(d) The failure of a nurse or a person who employs a nurse to provide 24
information under this section may not be the basis for disciplinary action against the 25
nurse or the nurse's licensure privilege, and does not prohibit the nurse from practicing 26
in the state. 27
* Sec. 10. AS 08.68.800(a) is amended to read: 28
(a) This chapter does not apply to 29
(1) a qualified nurse licensed in another state employed by the United 30
States government or a bureau, or agency, or division of the United States government 31
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while in the discharge of official duties; 1
(2) nursing service given temporarily in the event of a public 2
emergency, epidemic, or disaster; 3
(3) the practice of nursing by a student enrolled in a nursing education 4
program accredited by the board when the practice is in connection with the student's 5
course of study; 6
(4) the practice of nursing by an individual enrolled in an approved 7
program or course of study approved by the board to satisfy the requirements of 8
AS 08.68.251; 9
(5) the practice of nursing by a nurse licensed in another state who 10
does not hold a multistate licensure privilege to practice in this state and who 11
engages in nursing education or nursing consultation activities, if these activities and 12
contact with clients do not exceed 20 working days within a licensing period; or 13
(6) the practice of nursing by a nurse licensed in another state who 14
does not hold a multistate licensure privilege to practice in this state and whose 15
employment responsibilities include transporting patients into, out of, or through this 16
state; however, this exception is valid for a period not to exceed 48 hours for each 17
transport. 18
* Sec. 11. AS 08.68.800(a), as amended by sec. 10 of this Act, is amended to read: 19
(a) This chapter does not apply to 20
(1) a qualified nurse licensed in another state employed by the United 21
States government or a bureau, or agency, or division of the United States government 22
while in the discharge of official duties; 23
(2) nursing service given temporarily in the event of a public 24
emergency, epidemic, or disaster; 25
(3) the practice of nursing by a student enrolled in a nursing education 26
program accredited by the board when the practice is in connection with the student's 27
course of study; 28
(4) the practice of nursing by an individual enrolled in an approved 29
program or course of study approved by the board to satisfy the requirements of 30
AS 08.68.251; 31
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(5) the practice of nursing by a nurse licensed in another state [WHO 1
DOES NOT HOLD A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN 2
THIS STATE AND] who engages in nursing education or nursing consultation 3
activities, if these activities and contact with clients do not exceed 20 working days 4
within a licensing period; or 5
(6) the practice of nursing by a nurse licensed in another state [WHO 6
DOES NOT HOLD A MULTISTATE LICENSURE PRIVILEGE TO PRACTICE IN 7
THIS STATE AND] whose employment responsibilities include transporting patients 8
into, out of, or through this state; however, this exception is valid for a period not to 9
exceed 48 hours for each transport. 10
* Sec. 12. AS 08.68.850 is amended by adding new paragraphs to read: 11
(13) "multistate license" means a license issued by the board under 12
AS 08.68.500 to practice registered nursing or practical nursing in another state that is 13
a party to the Multistate Nurse Licensure Compact enacted under AS 08.68.500; 14
(14) "multistate licensure privilege" means a legal authorization for a 15
person holding a multistate license issued by another state to practice registered 16
nursing or practical nursing in this state under the terms of the Multistate Nurse 17
Licensure Compact enacted under AS 08.68.500; 18
(15) "single-state license" means a license issued under this chapter to 19
practice registered nursing or practical nursing in the state and does not authorize 20
practice in another state. 21
* Sec. 13. AS 18.20 is amended by adding a new section to read: 22
Sec. 18.20.087. Nurse staffing committees. (a) Each hospital shall establish a 23
nurse staffing committee. At least 50 percent of the members of the committee shall be 24
registered nurses and licensed practical nurses currently employed in non-management 25
positions by the hospital. 26
(b) Each nurse staffing committee shall 27
(1) adopt minimum ratios of nurses to patients and certified nurse aides 28
to patients for all units within the hospital; and 29
(2) report annually to the Board of Nursing the rate of compliance by 30
the hospital with each staffing ratio under (1) of this subsection. 31
34-LS0108\G
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New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 14. AS 37.05.146(c) is amended by adding a new paragraph to read: 1
(87) fees collected by the Department of Commerce, Community, and 2
Economic Development under AS 08.01.065(l)(2) and AS 08.68.510. 3
* Sec. 15. AS 47.32 is amended by adding a new section to read: 4
Sec. 47.32.210. Restrictions on hiring during a nursing strike. (a) Upon 5
receiving a notice to strike involving nurses, and during a strike involving nurses, an 6
entity may only hire a nurse who 7
(1) is licensed to practice nursing in the state under a single-state 8
license; or 9
(2) was employed in the state under a multistate licensure privilege on 10
the day before the entity received the notice to strike. 11
(b) After withdrawal of a notice to strike involving nurses, or upon conclusion 12
of a strike involving nurses, an entity may resume hiring nurses holding a multistate 13
licensure privilege under this chapter. 14
(c) In this section, 15
(1) "multistate licensure privilege" has the meaning given in 16
AS 08.68.850; 17
(2) "single-state license" has the meaning given in AS 08.68.850. 18
* Sec. 16. AS 08.01.065(l); AS 08.68.500, 08.68.510, 08.68.720, 08.68.850(13), 19
08.68.850(14), 08.68.850(15); AS 18.20.087; AS 37.05.146(c)(87); and AS 47.32.210 are 20
repealed. 21
* Sec. 17. Sections 2, 5, 7, 11, and 16 of this Act take effect July 1, 2032. 22
* Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2026. 23