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HB897
HOUSE OF REPRESENTATIVES
H.B. NO.
897
THIRTY-THIRD LEGISLATURE, 2025
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:
����
SECTION 1.
�
The Hawaii Revised Statutes is amended by
adding a new chapter to be appropriately designated and to read as follows:
"
Chapter
Nurse Licensure compact
����
�
-1
�
Name.
�
This
chapter may be cited as the Nurse Licensure Compact.
����
�
-2
�
Terms and provisions of compact;
authorization; governor.
�
The
legislature 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. FINDINGS AND DECLARATION OF
PURPOSE
����
(a)
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The
party states find that:
����
(1)
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The
health and safety of the public are affected by the degree of compliance with
and the effectiveness of enforcement activities related to state nurse
licensure laws;
����
(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;
����
(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;
����
(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
����
(6)
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Uniformity
of nurse licensure requirements throughout the states promotes public safety
and public health benefits.
����
(b)
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The general purposes of this compact are to:
����
(1)
�
Facilitate
the states' responsibility to protect public health and safety;
����
(2)
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Ensure
and encourage the cooperation of party states in the areas of nurse licensure
and regulation;
����
(3)
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Facilitate
the exchange of information between party states in the areas of nurse
regulation, investigation and adverse actions;
����
(4)
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Promote
compliance with the laws governing the practice of nursing in each
jurisdiction;
����
(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;
����
(6)
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Decrease
redundancies in the consideration and issuance of nurse licenses; and
����
(7)
�
Provide
opportunities for interstate practice by nurses who meet uniform licensure
requirements.
ARTICLE
II. DEFINITIONS
����
As used in this compact:
����
(a)
�
"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.
����
(b)
�
"Alternative program" means a non-disciplinary monitoring
program approved by a licensing board.
����
(c)
�
"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.
����
(d)
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"Current significant investigative information" means:
����
(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
����
(2)
�
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.
����
(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.
����
(f)
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"Home state" means the party state which is the nurse's
primary state of residence.
����
(g)
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"Licensing board" means a party state's regulatory body
responsible for issuing nurse licenses.
����
(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.
����
(i)
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"Multistate licensure privilege" means a legal authorization
associated with a multistate license that permits the practice of nursing as
either a registered nurse (RN) or LPN/VN in a remote state.
����
(j)
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"Nurse" means RN or LPN/VN, as the terms are defined by each
party state's practice laws.
����
(k)
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"Party state" means any state that has adopted this compact.
����
(l)
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"Remote state" means a party state other than the home state.
����
(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.
����
(n)
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"State" means a state, territory, or possession of the United
States and the District of Columbia.
����
(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.
�
"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. GENERAL PROVISIONS AND JURISDICTION
����
(a)
�
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.
����
(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.
�
The 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.
����
(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:
����
(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;
����
(2)
�
(A)
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Has graduated or is eligible to graduate from
a licensing board-approved RN or LPN/VN prelicensure education program; or
���������
(B)
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Has graduated from a foreign RN or LPN/VN 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;
����
(3)
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Has
successfully passed an English proficiency examination that includes the
components of reading, speaking, writing, and listening, if a graduate of a
foreign prelicensure education program that was not taught in English or if
English is not the individual's native language;
����
(4)
�
Has
successfully passed an NCLEX-RN� or NCLEX-PN� Examination or recognized predecessor,
as applicable;
����
(5)
�
Is
eligible for or holds an active, unencumbered license;
����
(6)
�
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;
����
(7)
�
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;
����
(8)
�
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;
����
(9)
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Is
not currently enrolled in an alternative program;
���
(10)
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Is
subject to self-disclosure requirements regarding current participation in an
alternative program; and
���
(11)
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Has
a valid United States social security number.
����
(d)
�
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.
�
If a party state takes action, it shall promptly notify the
administrator of the coordinated licensure information system.
�
The administrator of the coordinated
licensure information system shall promptly notify the home state of any
actions by remote states.
����
(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.
�
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.
�
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.
����
(f)
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Individuals
who do not reside in a party state may apply for a party state's single-state
license as provided under the laws of each party state.
�
The single-state license granted to these
individuals will not be recognized as granting the privilege to practice
nursing in any other party state.
�
This compact
shall not affect the requirements established by a party state for the issuance
of a single-state license.
����
(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:
����
(1)
�
A
nurse who changes their 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.
����
(2)
�
A
nurse who fails to satisfy the multistate licensure requirements in 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").
ARTICLE
IV. APPLICATIONS FOR LICENSURE IN A PARTY STATE
����
(a)
�
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.
����
(b)
�
A
nurse may hold a multistate license, issued by the home state, in only one
party state at a time.
����
(c)
�
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; provided that:
����
(1)
�
The nurse may apply for licensure in advance
of a change in primary state of residence; and
����
(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.
����
(d)
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If
a nurse changes primary state of residence by moving from a party state to a non-party
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. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
����
(a)
�
In
addition to the other powers conferred by state law, a licensing board shall
have the authority to:
����
(1)
�
Take
adverse action against a nurse's multistate licensure privilege to practice
within that party state; provided that:
���������
(A)
�
Only
the home state shall have the power to take adverse action against a nurse's
license issued by the home state; and
���������
(B)
�
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 the conduct had occurred within the home
state.
�
In so doing, the home state shall
apply its own state laws to determine appropriate action;
����
(2)
�
Issue
cease and desist orders or impose an encumbrance on a nurse's authority to
practice within that party state;
����
(3)
�
Complete
any pending investigations of a nurse who changes primary state of residence
during the course of investigation.
�
The
licensing board shall also have the authority to take appropriate action(s) and
shall promptly report the conclusions of the investigations to the
administrator of the coordinated licensure information system.
�
The administrator of the coordinated
licensure information system shall promptly notify the new home state of any
actions;
����
(4)
�
Issue
subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, and the production of evidence.
�
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.
�
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;
����
(5)
�
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;
����
(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; and
����
(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 adverse action.
����
(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.
�
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.
����
(c)
�
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.
�
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. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF INFORMATION
����
(a)
�
All
party states shall participate in a coordinated licensure information system of
all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs).
�
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.
����
(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.
����
(c)
�
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 denial) and nurse participation
in alternative programs known to the licensing board regardless of whether
participation is deemed nonpublic or confidential under state law.
����
(d)
�
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.
����
(e)
�
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 non-party states or
disclosed to other entities or individuals without the express permission of
the contributing state.
����
(f)
�
Any personally identifiable information obtained from the coordinated
licensure information system by a party state licensing board shall not be
shared with non-party states or disclosed to other entities or individuals
except to the extent permitted by the laws of the party state contributing the
information.
����
(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.
����
(h)
�
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:
����
(1)
�
Identifying
information;
����
(2)
�
Licensure
data;
����
(3)
�
Information
related to alternative program participation; and
����
(4)
�
Other
information that may facilitate the administration of this compact, as
determined by commission rules.
����
(i)
�
The compact administrator of a party state shall provide all
investigative documents and information requested by another party state.
ARTICLE
VII. ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS
����
(a)
�
The party states hereby create and establish a joint public entity known
as the interstate commission of nurse licensure compact administrators and find
that:
����
(1)
�
The
commission is an instrumentality of the party states;
����
(2)
�
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.
�
The commission may waive venue and jurisdictional defenses to the extent
it adopts or consents to participate in alternative dispute resolution
proceedings; and
����
(3)
�
Nothing
in this compact shall be construed to be a waiver of sovereign immunity.
����
(b)
�
Membership, Voting and Meetings
����
(1)
�
Each
party state shall have and be limited to one administrator.
�
The head of the state licensing board or
designee shall be the administrator of this compact for each party state.
�
Any administrator may be removed or suspended
from office as provided by the law of the state from which the administrator is
appointed.
�
Any vacancy occurring in the commission
shall be filled in accordance with the laws of the party state in which the
vacancy exists;
����
(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.
�
An administrator shall vote in person or by
other means as provided in the bylaws.
�
The bylaws may provide for an administrator's participation in meetings
by telephone or other means of communication;
����
(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;
����
(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 in article
VIII;
����
(5)
�
The
commission may convene in a closed, non-public meeting if the commission must
discuss:
���������
(A)
�
Noncompliance
of a party state with its obligations under this compact;
���������
(B)
�
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;
���������
(C)
�
Current, threatened, or reasonably anticipated litigation;
���������
(D)
�
Negotiation of contracts for the purchase or sale of goods,
services, or real estate;
����
����
(E)
�
Accusing any person of a crime or
formally censuring any person;
���������
(F)
�
Disclosure of trade secrets or commercial or financial information
that is privileged or confidential;
���������
(G)
�
Disclosure of information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
���������
(H)
�
Disclosure of investigatory records compiled for law enforcement
purposes;
���������
(I)
�
Disclosure of information related to any reports prepared by or on
behalf of the commission for the purpose of investigation of compliance with
this compact; or
���������
(J)
�
Matters specifically exempted from disclosure by federal or state
statute; and
����
(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 the 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.
����
(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:
����
(1)
�
Establishing
the fiscal year of the commission;
����
(2)
�
Providing
reasonable standards and procedures:
���������
(A)
�
For the establishment and meetings of other committees; and
���������
(B)
�
Governing any general or specific delegation of any authority or
function of 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 the 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 and 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 its debts and obligations.
����
(d)
�
The commission shall publish its bylaws and rules, and any amendments
thereto, in a convenient form on the website of the commission.
����
(e)
�
The commission shall maintain its financial records in accordance with
the bylaws.
����
(f)
�
The commission shall meet and take 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 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;
���
(10)
�
To
establish a budget and make expenditures;
���
(11)
�
To
borrow money;
���
(12)
�
To
appoint committees, including advisory committees composed of administrators,
state nursing regulators, state legislators or their representatives, and
consumer representatives, and other 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
���
(15)
�
To
perform 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, the party state; and
����
(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 the 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; and
����
(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 the 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; provided that:
����
(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; and
����
(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 days (30) 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; and
����
(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 a proceeding for all purposes.
�
Failure to provide service of process in a
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:
���������
(A)
�
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
����
����
(B)
�
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; and
����
(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 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 non-party
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:
���������
(A)
�
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; and
���������
(B)
�
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 litigation, including reasonable attorneys' fees; and
����
(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 (6) 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 the 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 the 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 non-party 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 non-party 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 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."
����
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 July 1, 20
�
, and annually thereafter, each person holding
a multistate nurse license issued by a state other than Hawaii and who is
employed by any health care facility as defined in section 323D-2 shall
complete, as a condition of employment, the demographic data surveys required
by the board.
����
(b)
�
Each health care facility shall report
to the board, within thirty days of the nurse's employment, each nurse holding
a multistate license issued by a state other than Hawaii and shall provide an
attestation that the employee holding a multistate license issued by a state
other than Hawaii has completed, as a condition of employment, the tasks
required under this section.
"
����
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 a registered
nurse who holds a multistate license issued by the State.
"
����
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 a licensed
practical nurse who holds a multistate license issued by the State.
"
����
SECTION 5.
�
New statutory material is underscored.
����
SECTION 6.
�
This Act shall take effect on July 1, 3000; provided that section 1 of
this Act shall take effect and become binding two years after this Act takes
effect.
INTRODUCED BY:
_____________________________
Report Title:
State
Board of Nursing; Nurse Licensure Compact; Registered Nurses; Licensed
Practical Nurses; Fees
Description:
Authorizes
the Governor to enter the State into a multistate Nurse Licensure Compact that
will allow a nurse who is licensed by a home state to practice under a
multistate licensure privilege in each party state.
�
Beginning 7/1/20
�
, requires each person who holds a multistate
nurse license issued by another state and is employed by a health care facility
to complete annual demographic data surveys.
�
Authorizes 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.
�
Provides that the
Nurse Licensure Compact shall become effective and binding in the State two
years after the Act takes effect.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.