RELATING TO THE NURSE LICENSURE COMPACT.

HB2285

HOUSE OF REPRESENTATIVES

H.B. NO.

2285

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE NURSE LICENSURE COMPACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:

"
CHAPTER

NURSE LICENSURE COMPACT

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-1
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Name.
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This chapter may be
cited as the Nurse Licensure Compact.

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-2
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Terms and provisions of compact.
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The legislature of the State of Hawaii hereby authorizes the governor to
enter into a compact on behalf of the State of Hawaii with any other state
legally joining therein, in the form substantially as follows:

NURSE LICENSURE COMPACT

Article I.
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Findings and Declaration of Purpose

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a.
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The party states find that:

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1.
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The
health and safety of the public are affected by the
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degree of compliance with and the
effectiveness of enforcement activities related to state nurse licensure laws;

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2.
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Violations
of nurse licensure and other laws regulating the practice of nursing may result
in injury or harm to the public;

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3.
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The
expanded mobility of nurses and the use of advanced communication technologies
as part of our nation's health care delivery system require greater
coordination and cooperation among states in the areas of nurse licensure and
regulation;

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4.
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New
practice modalities and technology make compliance with individual state nurse
licensure laws difficult and complex;

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5.
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The
current system of duplicative licensure for nurses practicing in multiple
states is cumbersome and redundant for both nurses and states; and

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6.
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Uniformity
of nurse licensure requirements throughout the states promotes public safety
and public health benefits.

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b.
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The general purposes of this Compact are to:

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1.
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Facilitate
the states' responsibility to protect the public's health and safety;

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2.
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Ensure
and encourage the cooperation of party states in the areas of nurse licensure
and regulation;

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3.
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Facilitate
the exchange of information between party states in the areas of nurse
regulation, investigation and adverse actions;

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4.
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Promote
compliance with the laws governing the practice of nursing in each
jurisdiction;

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5.
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Invest
all party states with the authority to hold a nurse accountable for meeting all
state practice laws in the state in which the patient is located at the time
care is rendered through the mutual recognition of party state licenses;

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6.
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Decrease
redundancies in the consideration and issuance of nurse licenses; and

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7.
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Provide
opportunities for interstate practice by nurses who meet uniform licensure
requirements.

Article II.
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Definitions

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As
used in this Compact:

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a.
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"Adverse action" means any
administrative, civil, equitable, or criminal action permitted by a state's
laws, which is imposed by a licensing board or other authority against a nurse,
including actions against an individual's license or multistate licensure
privilege such as revocation, suspension, probation, monitoring of the
licensee, limitation on the licensee's practice, or any other encumbrance on
licensure affecting a nurse's authorization to practice, including issuance of
a cease and desist action.

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b.
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"Alternative program" means a
non-disciplinary monitoring program approved by a licensing board.

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c.
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"Coordinated licensure information
system" means an integrated process for collecting, storing, and sharing
information on nurse licensure and enforcement activities related to nurse
licensure laws that is administered by a nonprofit organization composed of and
controlled by licensing boards.

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d.
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"Current significant investigative
information" means:

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1.
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Investigative
information that a licensing board, after a preliminary inquiry that includes
notification and an opportunity for the nurse to respond, if required by state
law, has reason to believe is not groundless and, if proved true, would
indicate more than a minor infraction; or

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2.
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Investigative
information that indicates that the nurse represents an immediate threat to
public health and safety regardless of whether the nurse has been notified and
had an opportunity to respond.

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e.
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"Encumbrance" means a revocation or
suspension of, or any limitation on, the full and unrestricted practice of
nursing imposed by a licensing board.

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f.
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"Home state" means the party state
which is the nurse's primary state of residence.

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g.
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"Licensing board" means a party
state's regulatory body responsible for issuing nurse licenses.

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h.
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"Multistate license" means a
license to practice as a registered or a licensed practical/vocational nurse (
LPN/VN
) issued by a home state licensing board that
authorizes the licensed nurse to practice in all party states under a
multistate licensure privilege.

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i.
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"Multistate licensure privilege"
means a legal authorization associated with a multistate license permitting the
practice of nursing as either a registered nurse (RN) or LPN/VN in a remote
state.

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j.
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"Nurse" means RN or LPN/VN, as
those terms are defined by each party state's practice laws.

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k.
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"Party state" means any state that
has adopted this Compact.

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l.
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"Remote state" means a party state,
other than the home state.

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m.
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"Single-state license" means a
nurse license issued by a party state that authorizes practice only within the
issuing state and does not include a multistate licensure privilege to practice
in any other party state.

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n.
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"State" means a state, territory,
or possession of the United States and the District of Columbia.

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o.
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"State practice laws" means a party
state's laws, rules, and regulations that govern the practice of nursing,
define the scope of nursing practice, and create the methods and grounds for
imposing discipline.
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"State
practice laws" do not include requirements necessary to obtain and retain
a license, except for qualifications or requirements of the home state.

Article III.
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General Provisions and Jurisdiction

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a.
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A multistate license to practice registered
or licensed practical/vocational nursing issued by a home state to a resident
in that state will be recognized by each party state as authorizing a nurse to
practice as a registered nurse (RN) or as a licensed practical/vocational nurse
(LPN/VN), under a multistate licensure privilege, in each party state.

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b.
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A state must implement procedures for
considering the criminal history records of applicants for initial multistate
license or licensure by endorsement.
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Such
procedures shall include the submission of fingerprints or other
biometric-based information by applicants for the purpose of obtaining an
applicant's criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state's criminal
records.

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c.
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Each party state shall require the following
for an applicant to obtain or retain a multistate license in the home state:

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1.
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Meets
the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws;

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2.
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i.
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Has
graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or

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ii.
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Has
graduated from a foreign RN or LPN/VN
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prelicensure
education program that has been approved by the authorized accrediting body in
the applicable country and has been verified by an independent credentials
review agency to be comparable to a licensing board-approved prelicensure
education program;

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3.
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Has,
if a graduate of a foreign prelicensure education program not taught in English
or if English is not the individual's native language, successfully passed an
English proficiency examination that includes the components of reading,
speaking, writing, and listening;

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4.
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Has
successfully passed an NCLEX-RN� or NCLEX-PN� Examination or recognized
predecessor, as applicable;

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5.
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Is
eligible for or holds an active, unencumbered license;

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6.
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Has
submitted, in connection with an application for initial licensure or licensure
by endorsement, fingerprints, or other biometric data for the purpose of
obtaining criminal history record information from the Federal Bureau of
Investigation and the agency responsible for retaining that state's criminal
records;

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7.
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Has
not been convicted or found guilty, or has entered into an agreed disposition,
of a felony offense under applicable state or federal criminal law;

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8.
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Has
not been convicted or found guilty, or has entered into an agreed disposition,
of a misdemeanor offense related to the practice of nursing as determined on a
case-by-case basis;

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9.
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Is
not currently enrolled in an alternative program;

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10.
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Is
subject to self-disclosure requirements regarding current participation in an
alternative program; and

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11.
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Has
a valid United States Social Security Number.

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d.
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All party states shall be authorized, in
accordance with existing state due process law, to take adverse action against
a nurse's multistate licensure privilege such as revocation, suspension,
probation, or any other action that affects a nurse's authorization to practice
under a multistate licensure privilege, including cease and desist actions.
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If a party state takes such action, it shall
promptly notify the administrator of the coordinated licensure information
system.
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The administrator of the coordinated
licensure information system shall promptly notify the home state of any such
actions by remote states.

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e.
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A nurse practicing in a party state must
comply with the state practice laws of the state in which the client is located
at the time service is provided.
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The
practice of nursing is not limited to patient care, but shall include all
nursing practice as defined by the state practice laws of the party state in
which the client is located.
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The
practice of nursing in a party state under a multistate licensure privilege
will subject a nurse to the jurisdiction of the licensing board, the courts and
the laws of the party state in which the client is located at the time service
is provided.

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f.
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Individuals not residing in a party state
shall continue to be able to apply for a party state's single-state license as
provided under the laws of each party state.
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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.
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Nothing in this Compact shall
affect the requirements established by a party state for the issuance of a
single-state license.

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g.
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Any nurse holding a home state multistate
license, on the effective date of this Compact, may retain and renew the
multistate license issued by the nurse's then-current home state; provided
that:

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1.
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A
nurse who changes primary state of residence after this Compact's effective
date must meet all applicable Article III.c. requirements to obtain a
multistate license from a new home state.

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2.
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A
nurse who fails to satisfy the multistate licensure requirements under Article
III.c. due to a disqualifying event occurring after this Compact's effective
date shall be ineligible to retain or renew a multistate license, and the
nurse's multistate license shall be revoked or deactivated in accordance with
applicable rules adopted by the Interstate Commission of Nurse Licensure
Compact Administrators ("Commission") established pursuant to Article
VII of the compact.

Article IV.
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Applications for Licensure in a Party State

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a.
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Upon application for a multistate license,
the licensing board in the issuing party state shall ascertain, through the
coordinated licensure information system, whether the applicant has ever held,
or is the holder of, a license issued by any other state, whether there are any
encumbrances on any license or multistate licensure privilege held by the
applicant, whether any adverse action has been taken against any license or
multistate licensure privilege held by the applicant and whether the applicant
is currently participating in an alternative program.

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b.
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A nurse may hold a multistate license, issued
by the home state, in only one party state at a time.

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c.
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If a nurse changes primary state of residence
by moving between two party states, the nurse must apply for licensure in the
new home state, and the multistate license issued by the prior home state will
be deactivated in accordance with applicable rules adopted by the Commission:

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1.
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The
nurse may apply for licensure in advance of a change in primary state of
residence.

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2.
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A
multistate license shall not be issued by the new home state until the nurse
provides satisfactory evidence of a change in primary state of residence to the
new home state and satisfies all applicable requirements to obtain a multistate
license from the new home state.

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d.
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If a nurse changes primary state of residence
by moving from a party state to a nonparty state, the multistate license issued
by the prior home state will convert to a single-state license, valid only in
the former home state.

Article V.
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Additional Authorities Invested in Party
State Licensing Boards

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a.
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In addition to the other powers conferred by
state law, a licensing board shall have the authority to:

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1.
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Take
adverse action against a nurse's multistate licensure privilege to practice
within that party state.

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i.
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Only the home state shall have the power to
take adverse action against a nurse's license issued by the home state.

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ii.
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For purposes of taking adverse action, the
home state licensing board shall give the same priority and effect to reported
conduct received from a remote state as it would if such conduct had occurred
within the home state.
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In so doing, the
home state shall apply its own state laws to determine appropriate action.

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2.
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Issue
cease and desist orders or impose an encumbrance on a nurse's authority to
practice within that party state.

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3.
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Complete
any pending investigations of a nurse who changes primary state of residence
during the course of such investigations.
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The licensing board shall also have the authority to take appropriate
action(s) and shall promptly report the conclusions of such investigations to
the administrator of the coordinated licensure information system.
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The administrator of the coordinated
licensure information system shall promptly notify the new home state of any
such actions.

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4.
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Issue
subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as the production of evidence.
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Subpoenas issued by a licensing board in a
party state for the attendance and testimony of witnesses or the production of
evidence from another party state shall be enforced in the latter state by any
court of competent jurisdiction, according to the practice and procedure of
that court applicable to subpoenas issued in proceedings pending before it.
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The issuing authority shall pay any witness
fees, travel expenses, mileage, and other fees required by the service statutes
of the state in which the witnesses or evidence are located.

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5.
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Obtain
and submit, for each nurse licensure applicant, fingerprint or other
biometric-based information to the Federal Bureau of Investigation for criminal
background checks, receive the results of the Federal Bureau of Investigation
record search on criminal background checks and use the results in making
licensure decisions.

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6.
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If
otherwise permitted by state law, recover from the affected nurse the costs of
investigations and disposition of cases resulting from any adverse action taken
against that nurse.

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7.
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Take
adverse action based on the factual findings of the remote state, provided that
the licensing board follows its own procedures for taking such adverse action.

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b.
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If adverse action is taken by the home state
against a nurse's multistate license, the nurse's multistate licensure
privilege to practice in all other party states shall be deactivated until all
encumbrances have been removed from the multistate license.
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All home state disciplinary orders that
impose adverse action against a nurse's multistate license shall include a
statement that the nurse's multistate licensure privilege is deactivated in all
party states during the pendency of the order.

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c.
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Nothing in this Compact shall override a
party state's decision that participation in an alternative program may be used
in lieu of adverse action.
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The home
state licensing board shall deactivate the multistate licensure privilege under
the multistate license of any nurse for the duration of the nurse's
participation in an alternative program.

Article VI.
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Coordinated Licensure Information System and
Exchange of Information

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a.
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All party states shall participate in a
coordinated licensure information system of all licensed registered nurses (RN)
and licensed practical/vocational nurses (LPN/VN).
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This system will include information on the
licensure and disciplinary history of each nurse, as submitted by party states,
to assist in the coordination of nurse licensure and enforcement efforts.

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b.
�
The Commission, in consultation with the
administrator of the coordinated licensure information system, shall formulate
necessary and proper procedures for the identification, collection and exchange
of information under this Compact.

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c.
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All licensing boards shall promptly report to
the coordinated licensure information system any adverse action, any current
significant investigative information, denials of applications (with the
reasons for such denials) and nurse participation in alternative programs known
to the licensing board regardless of whether such participation is deemed
nonpublic or confidential under state law.

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d.
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Current significant investigative information
and participation in nonpublic or confidential alternative programs shall be
transmitted through the coordinated licensure information system only to party
state licensing boards.

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e.
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Notwithstanding any other provision of law,
all party state licensing boards contributing information to the coordinated
licensure information system may designate information that may not be shared
with nonparty states or disclosed to other entities or individuals without the
express permission of the contributing state.

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f.
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Any personally identifiable information
obtained from the coordinated licensure information system by a party state
licensing board shall not be shared with nonparty states or disclosed to other
entities or individuals except to the extent permitted by the laws of the party
state contributing the information.

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g.
�
Any information contributed to the
coordinated licensure information system that is subsequently required to be
expunged by the laws of the party state contributing that information, shall
also be expunged from the coordinated licensure information system.

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h.
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The Compact administrator of each party state
shall furnish a uniform data set to the Compact administrator of each other
party state, which shall include, at a minimum:

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1.
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Identifying
information;

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2.
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Licensure
data;

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3.
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Information
related to alternative program participation; and

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4.
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Other
information that may facilitate the administration of this Compact, as
determined by Commission rules.

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i.
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The
Compact administrator of a party state shall provide all investigative
documents and information requested by another party state.

Article VII.
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Establishment of the Interstate Commission of
Nurse Licensure Compact Administrators

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a.
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The party states hereby create and establish
a joint public entity known as the Interstate Commission of Nurse Licensure
Compact Administrators:

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1.
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The
Commission is an instrumentality of the party states.

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2.
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Venue
is proper, and judicial proceedings by or against the Commission shall be
brought solely and exclusively, in a court of competent jurisdiction where the
principal office of the Commission is located.
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The Commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution
proceedings.

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3.
�
Nothing
in this Compact shall be construed to be a waiver of sovereign immunity.

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b.
�
Membership, Voting and Meetings.

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1.
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Each
party state shall have and be limited to one administrator.
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The head of the state licensing board or
designee shall be the administrator of this Compact for each party state.
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Any administrator may be removed or suspended
from office as provided by the law of the state from which the administrator is
appointed.
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Any vacancy occurring in the
Commission shall be filled in accordance with the laws of the party state in
which the vacancy exists.

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2.
�
Each
administrator shall be entitled to one (1) vote with regard to the promulgation
of rules and creation of bylaws and shall otherwise have an opportunity to
participate in the business and affairs of the Commission.
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An administrator shall vote in person or by
such other means as provided in the bylaws.
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The bylaws may provide for an administrator's participation in meetings
by telephone or other means of communication.

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3.
�
The
Commission shall meet at least once during each calendar year.
�
Additional meetings shall be held as set
forth in the bylaws or rules of the Commission.

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4.
�
All
meetings shall be open to the public, and public notice of meetings shall be
given in the same manner as required under the rulemaking provisions under
Article VIII.

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5.
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The
Commission may convene in a closed, non-public meeting if the Commission must
discuss:

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i.
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Noncompliance of a party state with its obligations
under this Compact;

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ii.
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The employment, compensation, discipline or
other personnel matters practices or procedures related to specific employees
or other matters related to the Commission's internal personnel practices and
procedures;

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iii.

Current, threatened or reasonably anticipated
litigation;

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iv.
�
Negotiation of contracts for the purchase or
sale of goods, services or real estate;

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v.
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Accusing any person of a crime or formally
censuring any person;

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vi.
�
Disclosure of trade secrets or commercial or
financial information that is privileged or confidential;

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vii.

Disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted invasion of personal
privacy;

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viii.

Disclosure of investigatory records compiled
for law enforcement purposes;

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ix.
�
Disclosure of information related to any
reports prepared by or on behalf of the Commission for the purpose of
investigation of compliance with this Compact; or

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x.
��
Matters specifically exempted from disclosure
by federal or state statute.

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6.
�
If
a meeting, or portion of a meeting, is closed pursuant to this provision, the
Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exempting provision.
�
The Commission shall keep minutes that fully
and clearly describe all matters discussed in a meeting and shall provide a
full and accurate summary of actions taken, and the reasons therefor, including
a description of the views expressed.
�
All
documents considered in connection with an action shall be identified in such
minutes.
�
All minutes and documents of a
closed meeting shall remain under seal, subject to release by a majority vote
of the Commission or order of a court of competent jurisdiction.

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c.
�
The Commission shall, by a majority vote of
the administrators, prescribe bylaws or rules to govern its conduct as may be
necessary or appropriate to carry out the purposes and exercise the powers of
this Compact, including but not limited to:

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1.
�
Establishing
the fiscal year of the Commission;

�����
2.
�
Providing
reasonable standards and procedures:

���������
i.
��
For the establishment and meetings of other
committees; and

���������
ii.
�
Governing any general or specific delegation
of any authority or function of the Commission;

�����
3.
�
Providing
reasonable procedures for calling and conducting meetings of the Commission,
ensuring reasonable advance notice of all meetings and providing an opportunity
for attendance of such meetings by interested parties, with enumerated
exceptions designed to protect the public's interest, the privacy of
individuals, and proprietary information, including trade secrets.
�
The Commission may meet in closed session
only after a majority of the administrators vote to close a meeting in whole or
in part.
�
As soon as practicable, the
Commission must make public a copy of the vote to close the meeting revealing
the vote of each administrator, with no proxy votes allowed;

�����
4.
�
Establishing
the titles, duties, authority, and reasonable procedures for the election of
the officers of the Commission;

�����
5.
�
Providing
reasonable standards and procedures for the establishment of the personnel
policies and programs of the Commission.
�

Notwithstanding any civil service or other similar laws of any party
state, the bylaws shall exclusively govern the personnel policies and programs
of the commission; and

�����
6.
�
Providing
a mechanism for winding up the operations of the Commission and the equitable
disposition of any surplus funds that may exist after the termination of this
Compact after the payment or reserving of all of its debts and obligations.

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d.
�
The Commission shall publish its bylaws and
rules, and any amendments thereto, in a convenient form on the website of the
Commission.

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e.
�
The Commission shall maintain its financial
records in accordance with the bylaws.

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f.
�
The Commission shall meet and take such
actions as are consistent with the provisions of this Compact and the bylaws.

����
g.
��
The Commission shall have the following
powers:

�����
1.
�
To
promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact.
�
The
rules shall have the force and effect of law and shall be binding in all party
states;

�����
2.
�
To
bring and prosecute legal proceedings or actions in the name of the Commission
provided that the standing of any licensing board to sue or be sued under
applicable law shall not be affected;

�����
3.
�
To
purchase and maintain insurance and bonds;

�����
4.
�
To
borrow, accept or contract for services of personnel, including, but not
limited to, employees of a party state or nonprofit organizations;

�����
5.
�
To
cooperate with other organizations that administer state compacts related to
the regulation of nursing, including but not limited to sharing administrative
or staff expenses, office space or other resources;

�����
6.
�
To
hire employees, elect, or appoint officers, fix compensation, define duties,
grant such individuals appropriate authority to carry out the purposes of this
Compact, and to establish the Commission's personnel policies and programs
relating to conflicts of interest, qualifications of personnel and other
related personnel matters;

�����
7.
�
To
accept any and all appropriate donations, grants and gifts of money, equipment,
supplies, materials and services, and to receive, utilize and dispose of the
same; provided that at all times the Commission shall avoid any appearance of
impropriety or conflict of interest;

�����
8.
�
To
lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve or use, any property, whether real, personal or mixed; provided
that at all times the Commission shall avoid any appearance of impropriety;

�����
9.
�
To
sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose
of any property, whether real, personal or mixed;

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10.
�
To
establish a budget and make expenditures;

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11.
�
To
borrow money;

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12.
�
To
appoint committees, including advisory committees composed of administrators,
state nursing regulators, state legislators or their representatives, and
consumer representatives, and other such interested persons;

����
13.
�
To
provide and receive information from, and to cooperate with, law enforcement
agencies;

����
14.
�
To
adopt and use an official seal; and

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15.
�
To
perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the state regulation of nurse
licensure and practice.

����
h.
�
Financing of the Commission:

�����
1.
�
The
Commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization and ongoing activities.

�����
2.
�
The
Commission may also levy on and collect an annual assessment from each party
state to cover the cost of its operations, activities and staff in its annual
budget as approved each year.
�
The
aggregate annual assessment amount, if any, shall be allocated based upon a
formula to be determined by the Commission, which shall promulgate a rule that
is binding upon all party states.

�����
3.
�
The
Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of
the party states, except by, and with the authority of, such party state.

�����
4.
�
The
Commission shall keep accurate accounts of all receipts and disbursements.
�
The receipts and disbursements of the
Commission shall be subject to the audit and accounting procedures established
under its bylaws.
�
However, all receipts
and disbursements of funds handled by the Commission shall be audited yearly by
a certified or licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Commission.

����
i.
�
Qualified Immunity, Defense and
Indemnification:

�����
1.
�
The
administrators, officers, executive director, employees and representatives of
the Commission shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising out of any actual
or alleged act, error or omission that occurred, or that the person against
whom the claim is made had a reasonable basis for believing occurred, within
the scope of Commission employment, duties or responsibilities; provided that
nothing in this paragraph shall be construed to protect any such person from
suit or liability for any damage, loss, injury or liability caused by the
intentional, willful, or wanton misconduct of that person.

�����
2.
�
The
Commission shall defend any administrator, officer, executive director,
employee or representative of the Commission in any civil action seeking to
impose liability arising out of any actual or alleged act, error or omission
that occurred within the scope of Commission employment, duties or
responsibilities, or that the person against whom the claim is made had a
reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities; provided that nothing herein shall be
construed to prohibit that person from retaining his or her own counsel; and
provided further that the actual or alleged act, error or omission did not
result from that person's intentional, willful or wanton misconduct.

�����
3.
�
The
Commission shall indemnify and hold harmless any administrator, officer,
executive director, employee, or representative of the Commission for the
amount of any settlement or judgment obtained against that person arising out
of any actual or alleged act, error or omission that occurred within the scope
of Commission employment, duties or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of Commission
employment, duties or responsibilities, provided that the actual or alleged
act, error or omission did not result from the intentional, willful, or wanton
misconduct of that person.

Article VIII.
�
Rulemaking

����
a.
�
The Commission shall exercise its rulemaking
powers pursuant to the criteria set forth in this Article and the rules adopted
thereunder.
�
Rules and amendments shall
become binding as of the date specified in each rule or amendment and shall
have the same force and effect as provisions of this Compact.

����
b.
�
Rules or amendments to the rules shall be
adopted at a regular or special meeting of the Commission.

����
c.
�
Prior to promulgation and adoption of a final
rule or rules by the commission, and at least sixty (60) days in advance of the
meeting at which the rule will be considered and voted upon, the Commission
shall file a notice of proposed rulemaking:

�����
1.
�
On
the website of the Commission; and

�����
2.
�
On
the website of each licensing board or the publication in which each state
would otherwise publish proposed rules.

����
d.
�
The notice of proposed rulemaking shall
include:

�����
1.
�
The
proposed time, date and location of the meeting in which the rule will be
considered and voted upon;

�����
2.
�
The
text of the proposed rule, or amendment, and the reason for the proposed rule;

�����
3.
�
A
request for comments on the proposed rule from any interested person; and

�����
4.
�
The
manner in which interested persons may submit notice to the Commission of their
intention to attend the public hearing and any written comments.

����
e.
�
Prior to adoption of a proposed rule, the
Commission shall allow persons to submit written data, facts, opinions and
arguments, which shall be made available to the public.

����
f.
�
The Commission shall grant an opportunity for
a public hearing before it adopts a rule or amendment.

����
g.
�
The Commission shall publish the place, time,
and date of the scheduled public hearing.

�����
1.
�
Hearings
shall be conducted in a manner providing each person who wishes to comment a
fair and reasonable opportunity to comment orally or in writing.
�
All hearings will be recorded, and a copy
will be made available upon request.

����
2.
�
Nothing in this section shall be construed as
requiring a separate hearing on each rule.
�

Rules may be grouped for the convenience of the Commission at hearings
required by this section.

����
h.
�
If no one appears at the public hearing, the
Commission may proceed with promulgation of the proposed rule.

����
i.
�
Following the scheduled hearing date, or by
the close of business on the scheduled hearing date if the hearing was not
held, the Commission shall consider all written and oral comments received.

����
j.
�
The Commission shall, by majority vote of all
administrators, take final action on the proposed rule and shall determine the
effective date of the rule, if any, based on the rulemaking record and the full
text of the rule.

����
k.
�
Upon determination that an emergency exists,
the Commission may consider and adopt an emergency rule without prior notice,
opportunity for comment or hearing, provided that the usual rulemaking
procedures provided in this Compact and in this section shall be retroactively
applied to the rule as soon as reasonably possible, in no event later than
ninety (90) days after the effective date of the rule.
�
For the purposes of this provision, an
emergency rule is one that must be adopted immediately in order to:

�����
1.
�
Meet
an imminent threat to public health, safety or welfare;

�����
2.
�
Prevent
a loss of Commission or party state funds; or

�����
3.
�
Meet
a deadline for the promulgation of an administrative rule that is required by
federal law or rule.

����
l.
�
The Commission may direct revisions to a
previously adopted rule or amendment for purposes of correcting typographical
errors, errors in format, errors in consistency or grammatical errors.
�
Public notice of any revisions shall be
posted on the website of the Commission.
�

The revision shall be subject to challenge by any person for a period of
thirty (30) days after posting.
�
The
revision may be challenged only on grounds that the revision results in a
material change to a rule.
�
A challenge
shall be made in writing, and delivered to the Commission, prior to the end of
the notice period.
�
If no challenge is
made, the revision will take effect without further action.
�
If the revision is challenged, the revision
may not take effect without the approval of the Commission.

Article IX.
�
Oversight, Dispute Resolution and Enforcement

����
a.
�
Oversight:

�����
1.
�
Each
party state shall enforce this Compact and take all actions necessary and
appropriate to effectuate this Compact's purposes and intent.

�����
2.
�
The
Commission shall be entitled to receive service of process in any proceeding
that may affect the powers, responsibilities or actions of the Commission, and
shall have standing to intervene in such a proceeding for all purposes.
�
Failure to provide service of process in such
proceeding to the Commission shall render a judgment or order void as to the
Commission, this Compact or promulgated rules.

����
b.
�
Default, Technical Assistance and
Termination:

�����
1.
�
If
the Commission determines that a party state has defaulted in the performance
of its obligations or responsibilities under this Compact or the promulgated
rules, the Commission shall:

����
����
i.
��
Provide
written notice to the defaulting state and other party states of the nature of
the default, the proposed means of curing the default or any other action to be
taken by the Commission; and

����
����
ii.
�

Provide remedial training and specific
technical assistance regarding the default.

�����
2.
�
If
a state in default fails to cure the default, the defaulting state's membership
in this Compact may be terminated upon an affirmative vote of a majority of the
administrators, and all rights, privileges and benefits conferred by this
Compact may be terminated on the effective date of termination.
�
A cure of the default does not relieve the
offending state of obligations or liabilities incurred during the period of
default.

�����
3.
�
Termination
of membership in this Compact shall be imposed only after all other means of
securing compliance have been exhausted.
�

Notice of intent to suspend or terminate shall be given by the
Commission to the governor of the defaulting state and to the executive officer
of the defaulting state's licensing board and each of the party states.

�����
4.
�
A
state whose membership in this Compact has been terminated is responsible for
all assessments, obligations and liabilities incurred through the effective
date of termination, including obligations that extend beyond the effective
date of termination.

�����
5.
�
The
Commission shall not bear any costs related to a state that is found to be in
default or whose membership in this Compact has been terminated unless agreed
upon in writing between the commission and the defaulting state.

�����
6.
�
The
defaulting state may appeal the action of the Commission by petitioning the
U.S. District Court for the District of Columbia or the federal district in
which the Commission has its principal offices.
�

The prevailing party shall be awarded all costs of such litigation,
including reasonable attorneys' fees.

����
c.
�
Dispute Resolution:

�����
1.
�
Upon
request by a party state, the Commission shall attempt to resolve disputes
related to the Compact that arise among party states and between party and
nonparty states.

�����
2.
�
The
Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate.

�����
3.
�
In
the event the Commission cannot resolve disputes among party states arising
under this Compact:

���������
i.
��
The party states may submit the issues in
dispute to an arbitration panel, which will be composed of individuals
appointed by the Compact administrator in each of the affected party states and
an individual mutually agreed upon by the Compact administrators of all the
party states involved in the dispute.

���������
ii.
�
The decision of a majority of the arbitrators
shall be final and binding.

����
d.
�
Enforcement:

�����
1.
�
The
Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.

�����
2.
�
By
majority vote, the Commission may initiate legal action in the U.S. District
Court for the District of Columbia or the federal district in which the
Commission has its principal offices against a party state that is in default
to enforce compliance with the provisions of this Compact and its promulgated
rules and bylaws.
�
The relief sought may
include both injunctive relief and damages.
�

In the event judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including reasonable attorneys'
fees.

�����
3.
�
The
remedies herein shall not be the exclusive remedies of the Commission.
�
The Commission may pursue any other remedies
available under federal or state law.

Article X.
�
Effective Date, Withdrawal and Amendment

����
a.
�
This Compact shall become effective and
binding on the earlier of the date of legislative enactment of this Compact
into law by no less than twenty-six (26) states or December 31, 2018.
�
All party states to this Compact that also
were parties to the prior Nurse Licensure Compact, superseded by this Compact,
("Prior Compact") shall be deemed to have withdrawn from said Prior
Compact within six months after the effective date of this Compact.

����
b.
�
Each party state to this Compact shall
continue to recognize a nurse's multistate licensure privilege to practice in
that party state issued under the Prior Compact until such party state has
withdrawn from the Prior Compact.

����
c.
�
Any party state may withdraw from this
Compact by enacting a statute repealing the same.
�
A party state's withdrawal shall not take
effect until six (6) months after enactment of the repealing statute.

����
d.
�
A party state's withdrawal or termination
shall not affect the continuing requirement of the withdrawing or terminated
state's licensing board to report adverse actions and significant
investigations occurring prior to the effective date of such withdrawal or
termination.

����
e.
�
Nothing contained in this Compact shall be
construed to invalidate or prevent any nurse licensure agreement or other
cooperative arrangement between a party state and a nonparty state that is made
in accordance with the other provisions of this Compact.

����
f.
�
This Compact may be amended by the party
states.
�
No amendment to this Compact
shall become effective and binding upon the party states unless and until it is
enacted into the laws of all party states.

����
g.
�
Representatives of nonparty states to this
Compact shall be invited to participate in the activities of the Commission, on
a nonvoting basis, prior to the adoption of this Compact by all states.

Article XI.
�
Construction and Severability

����
This
Compact shall be liberally construed so as to effectuate the purposes thereof.
�
The provisions of this Compact shall be
severable, and if any phrase, clause, sentence, or provision of this Compact is
declared to be contrary to the constitution of any party state or of the United
States, or if the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this Compact and
the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby.
�
If this
Compact shall be held to be contrary to the constitution of any party state,
this Compact shall remain in full force and effect as to the remaining party
states and in full force and effect as to the party state affected as to all
severable matters.

����
�
��
-3
�

Hawaii provisions for implementation.
�
For purposes of implementation of the Nurse
Licensure Compact
in the State of Hawaii, the following
provisions apply:

����
(1)
�
Commission's
status and placement.
�
The Interstate
Commission of Nurse Licensure Compact Administrators ("Commission")
shall be recognized as a joint public agency of the party states and not as a
separate agency of the State of Hawaii.

����
(2)
�
Financial
oblications.

���������
(A)
�
No public funds shall be expended for the
payment of annual assessments to the Commisison unless appropriated by the
Hawaii State Legislature;

���������
(B)
�
The department of commerce and consumer
affairs shall include in its annual budget request any anticipated assessments
under the Nurse Licensure Compact; and

���������
(C)
�
Payment
of assessments shall be contingent upon legislative appropriation and shall not
be construed as a mandatory obligation of the State absent such appropriation.

����
(3)
�
Indemnification.

���������
(A)
�
The
State of Hawaii shall not be obligated to indemnify or hold harmless any
employee, officer, or representative of the Commission for any settlement or
judgement unless expressly authrorized by law and appropriated by the
legislature; and

���������
(B)
�
The
Commission shall be responsible for funding any indemnification obligations
arising under the Compact, applicable to its employees and representatives.

����
(4)
�
Arbitration.

���������
(A)
�
Participation
by the State of Hawaii in any binding arbitration under the Compact shall be
subject to the availability of appropriated funds and shall not obligate the
State to expend public money absent legislative authorization; and

���������
(B)
�
Any
arbitration decision involving the State of Hawaii shall be subject to judicial
review in a court of competent jurisdiction under applicable law to ensure
compliance with constitutional requirements."

����
SECTION
2.
�
Chapter 457, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

����
"
�457-
�
�
��
Demographic data surveys; reporting.
�
(a)
�
Beginning January 1, 2027, and annually
thereafter, individuals that hold a multistate nurse license issued by a state
other than Hawaii and are employed by any health care facility as defined in section
323D-2 shall complete any demographic data surveys required by the department
of health as a condition of employment.

����
(b)

�
All health care facilities shall report
to the board of nursing, within thirty days of employment, all nurses holding a
multistate license issued by a state other than Hawaii and an attestation that
the employees holding a multistate license issued by a state other than Hawaii
have completed the tasks required under this section as a condition of
employment.
"

����
SECTION
3.
�
Section 457-7, Hawaii Revised
Statutes, is amended by amending subsection (c) to read as follows:

����
"(c)
�
The applicant applying for a license to
practice as a registered nurse by examination shall pay application,
examination, and reexamination fees, if applicable, as prescribed by the
board.
�
Each applicant who successfully
passes the examination shall pay a license fee.
�

The applicant applying for a license to practice as a registered nurse
by endorsement shall pay application and license fees.
�
The board may charge different fees for
registered nurses who hold a multistate license issued by the State of Hawaii.
"

����
SECTION
4.
�
Section 457-8, Hawaii Revised
Statutes, is amended by amending subsection (c) to read as follows:

����
"(c)
�
The applicant applying for a license to
practice as a licensed practical nurse by examination shall pay application,
examination, and reexamination fees, if applicable, as prescribed by the board.
�
Each applicant who successfully passes the
examination shall pay a license fee.
�
The
applicant applying for a license to practice as a licensed practical nurse by
endorsement shall pay application and license fees.
�
The board may charge different fees for licensed
practical nurses who hold a multistate license issued by the State of Hawaii.
"

����
SECTION 5.
�
There is
appropriated out of the general revenues of the State of Hawaii the sum of
$75,000 or so much thereof as may be necessary for fiscal year 2026-2027 and
the same sum or so much thereof as may be necessary for fiscal year 2027�2028
for necessary upgrades to the internal database of the department of commerce
and consumer affairs' professional and vocational licensing division.
�
The sums appropriated shall be expended by the
department of commerce and consumer affairs for the purposes of this Act.

����
SECTION
6.
�
New statutory material is
underscored.

����
SECTION
7.
�
This Act shall take effect upon its
approval; provided that section 1 of this Act shall take effect on January 1,
2027.

INTRODUCED BY:

_____________________________

Report Title:

State Board of Nursing; Nurse Licensure Compact;
Registered Nurses; Licensed Practical Nurses; Fees

Description:

Allows the Governor to enter the State into the
multistate Nurse Licensure Compact, which will allow a nurse who is licensed by
a home state to practice under a multistate licensure privilege in each party
state, effective 1/1/2027.
�
Beginning
1/1/2027, allows the State Board of Nursing to charge different fees for
registered nurses and licensed practical nurses who hold a multistate license
issued by the State.
�
Appropriates
general revenues.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.