NURSE LICENSURE COMPACT

Illinois General Assembly - Full Text of HB4369

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4369

Introduced 1/14/2026, by Rep. Yolonda Morris

SYNOPSIS AS INTRODUCED:

225 ILCS 65/50-26
225 ILCS 65/Art. 85 heading new
225 ILCS 65/85-5 new
225 ILCS 65/85-10 new
225 ILCS 65/85-15 new
225 ILCS 65/85-20 new
225 ILCS 65/85-25 new
225 ILCS 65/85-30 new

Amends the Nurse Practice Act. Ratifies and approves the Nurse
Licensure Compact, which allows for the issuance of multistate licenses
that allow nurses to practice in their home state and other compact states.
In provisions concerning an application for a license, provides that the
Department of Financial and Professional Regulation may establish, by
rule, fees to be charged for the purpose of implementing and enforcing the
provisions of the Act, including the fees necessary to implement the Nurse
Licensure Compact. Provides that, on or after the effective date of the
Nurse Licensure Compact, the Department may set the required fees to apply
for a multistate license, upgrade from a single state license to a
multistate license, and renew a multistate license. Provides that the
initial application fee for a multistate license shall be no less than $150
and the biennial multistate license renewal fee shall be no less than $125.
Provides that the Nurse Licensure Compact does not supersede existing
State labor laws. Provides that the State may not share with or disclose to
the Interstate Commission of Nurse Licensure Compact Administrators or any
other state any of the contents of a nationwide criminal history records
check conducted for the purpose of multistate licensure under the Nurse
Licensure Compact. Provides that an employer who employs nurses, as
defined in the Article, shall provide the nurses under its employment with
the opportunity to obtain the required continuing education hours.
Requires that nurses subject to the Nurse Licensure Compact complete 20
hours of approved continuing education per every 2-year license renewal
cycle. Provides that the Nurse Licensure Compact does not apply to an
advanced practice registered nurse. Adds provisions concerning employer
attestations.
LRB104 17213 AAS 30633 b

A BILL FOR

HB4369
LRB104 17213 AAS 30633 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Nurse Practice Act is amended by changing
5
Section 50-26 and by adding Article 85 as follows:

6

(225 ILCS 65/50-26)
7

(Section scheduled to be repealed on January 1, 2028)
8

Sec. 50-26.
Application for license.
Applications for
9
licenses shall be made to the Department on forms prescribed
10
by the Department and accompanied by the required fee. All
11
applications shall contain the information that, in the
12
judgment of the Department, will enable the Department to pass
13
on the qualifications of the applicant for a license under
14
this Act.
15

If an applicant fails to obtain a license under this Act
16
within 3 years after filing his or her application, the
17
application shall be denied. The applicant may make a new
18
application, which shall be accompanied by the required
19
nonrefundable fee. The applicant shall be required to meet the
20
qualifications required for licensure at the time of
21
reapplication.
22

The Department may establish, by rule, fees to be charged
23
for the purpose of implementing and enforcing the provisions

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LRB104 17213 AAS 30633 b
1
of this Act, including the fees necessary to implement the
2
Nurse Licensure Compact under Article 85. On or after the
3
effective date of the Nurse Licensure Compact under Article
4
85, the Department may set the required fees to apply for a
5
multistate license, upgrade from a single state license to a
6
multistate license, and renew a multistate license. The
7
initial application fee for a multistate license issued under
8
this Section shall be no less than $150. The biennial
9
multistate license renewal fee shall be no less than $125.

10
(Source: P.A. 100-513, eff. 1-1-18
.)".

11

(225 ILCS 65/Art. 85 heading new)
12
ARTICLE 85.

NURSE LICENSURE COMPACT

13

(225 ILCS 65/85-5 new)
14

Sec. 85-5.
Nurse Licensure Compact.
The State of Illinois
15
ratifies and approves the following Compact:

16
ARTICLE I

17
Findings and Declaration of Purpose

18

a. The party states find that:
19

1. The health and safety of the public are affected by
20

the degree of compliance with and the effectiveness of
21

enforcement activities related to state nurse licensure
22

laws;

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2. Violations of nurse licensure and other laws
2

regulating the practice of nursing may result in injury or
3

harm to the public;
4

3. The expanded mobility of nurses and the use of
5

advanced communication technologies as part of our
6

nation's health care delivery system require greater
7

coordination and cooperation among states in the areas of
8

nurse licensure and regulation;
9

4. New practice modalities and technology make
10

compliance with individual state nurse licensure laws
11

difficult and complex;
12

5. The current system of duplicative licensure for
13

nurses practicing in multiple states is cumbersome and
14

redundant for both nurses and states; and
15

6. Uniformity of nurse licensure requirements
16

throughout the states promotes public safety and public
17

health benefits.

18

b. The general purposes of this Compact are to:

19

1. Facilitate the states' responsibility to protect
20

the public's health and safety;
21

2. Ensure and encourage the cooperation of party
22

states in the areas of nurse licensure and regulation;
23

3. Facilitate the exchange of information between
24

party states in the areas of nurse regulation,
25

investigation and adverse actions;
26

4. Promote compliance with the laws governing the

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practice of nursing in each jurisdiction;
2

5. Invest all party states with the authority to hold
3

a nurse accountable for meeting all state practice laws in
4

the state in which the patient is located at the time care
5

is rendered through the mutual recognition of party state
6

licenses;

7

6. Decrease redundancies in the consideration and
8

issuance of nurse licenses; and
9

7. Provide opportunities for interstate practice by
10

nurses who meet uniform licensure requirements.

11
ARTICLE II

12
Definitions

13

As used in this Compact:
14

a. "Adverse action" means any administrative, civil,
15

equitable or criminal action permitted by a state's laws
16

which is imposed by a licensing board or other authority
17

against a nurse, including actions against an individual's
18

license or multistate licensure privilege such as
19

revocation, suspension, probation, monitoring of the
20

licensee, limitation on the licensee's practice, or any
21

other encumbrance on licensure affecting a nurse's
22

authorization to practice, including issuance of a cease
23

and desist action.
24

b. "Alternative program" means a non-disciplinary

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monitoring program approved by a licensing board.
2

c. "Coordinated licensure information system" means an
3

integrated process for collecting, storing and sharing
4

information on nurse licensure and enforcement activities
5

related to nurse licensure laws that is administered by a
6

nonprofit organization composed of and controlled by
7

licensing boards.
8

d. "Current significant investigative information"
9

means:
10

1. Investigative information that a licensing
11

board, after a preliminary inquiry that includes
12

notification and an opportunity for the nurse to
13

respond, if required by state law, has reason to
14

believe is not groundless and, if proved true, would
15

indicate more than a minor infraction; or
16

2. Investigative information that indicates that
17

the nurse represents an immediate threat to public
18

health and safety regardless of whether the nurse has
19

been notified and had an opportunity to respond.
20

e. "Encumbrance" means a revocation or suspension of,
21

or any limitation on, the full and unrestricted practice
22

of nursing imposed by a licensing board.
23

f. "Home state" means the party state which is the
24

nurse's primary state of residence.
25

g. "Licensing board" means a party state's regulatory
26

body responsible for issuing nurse licenses.

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LRB104 17213 AAS 30633 b
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h. "Multistate license" means a license to practice as
2

a registered or a licensed practical/vocational nurse
3

(LPN/VN) issued by a home state licensing board that
4

authorizes the licensed nurse to practice in all party
5

states under a multistate licensure privilege.
6

i. "Multistate licensure privilege" means a legal
7

authorization associated with a multistate license
8

permitting the practice of nursing as either a registered
9

nurse (RN) or LPN/VN in a remote state.
10

j. "Nurse" means RN or LPN/VN, as those terms are
11

defined by each party state's practice laws.
12

k. "Party state" means any state that has adopted this
13

Compact.
14

l. "Remote state" means a party state, other than the
15

home state.
16

m. "Single-state license" means a nurse license issued
17

by a party state that authorizes practice only within the
18

issuing state and does not include a multistate licensure
19

privilege to practice in any other party state.
20

n. "State" means a state, territory or possession of
21

the United States and the District of Columbia.
22

o. "State practice laws" means a party state's laws,
23

rules and regulations that govern the practice of nursing,
24

define the scope of nursing practice, and create the
25

methods and grounds for imposing discipline. "State
26

practice laws" do not include requirements necessary to

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obtain and retain a license, except for qualifications or
2

requirements of the home state.

3
ARTICLE III

4
General Provisions and Jurisdiction

5

a. A multistate license to practice registered or licensed
6
practical/vocational nursing issued by a home state to a
7
resident in that state will be recognized by each party state
8
as authorizing a nurse to practice as a registered nurse (RN)
9
or as a licensed practical/vocational nurse (LPN/VN), under a
10
multistate licensure privilege, in each party state.
11

b. A state must implement procedures for considering the
12
criminal history records of applicants for initial multistate
13
license or licensure by endorsement. Such procedures shall
14
include the submission of fingerprints or other
15
biometric-based information by applicants for the purpose of
16
obtaining an applicant's criminal history record information
17
from the Federal Bureau of Investigation and the agency
18
responsible for retaining that state's criminal records.
19

c. Each party state shall require the following for an
20
applicant to obtain or retain a multistate license in the home
21
state:
22

1. Meets the home state's qualifications for licensure
23

or renewal of licensure, as well as, all other applicable
24

state laws;

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2. i. Has graduated or is eligible to graduate from a
2

licensing board-approved RN or LPN/VN prelicensure
3

education program; or
4

ii. Has graduated from a foreign RN or LPN/VN
5

prelicensure education program that (a) has been approved
6

by the authorized accrediting body in the applicable
7

country and (b) has been verified by an independent
8

credentials review agency to be comparable to a licensing
9

board-approved prelicensure education program;
10

3. Has, if a graduate of a foreign prelicensure
11

education program not taught in English or if English is
12

not the individual's native language, successfully passed
13

an English proficiency examination that includes the
14

components of reading, speaking, writing and listening;
15

4. Has successfully passed an NCLEX-RN® or NCLEX-PN®
16

Examination or recognized predecessor, as applicable;
17

5. Is eligible for or holds an active, unencumbered
18

license;
19

6. Has submitted, in connection with an application
20

for initial licensure or licensure by endorsement,
21

fingerprints or other biometric data for the purpose of
22

obtaining criminal history record information from the
23

Federal Bureau of Investigation and the agency responsible
24

for retaining that state's criminal records;
25

7. Has not been convicted or found guilty, or has
26

entered into an agreed disposition, of a felony offense

HB4369
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LRB104 17213 AAS 30633 b
1

under applicable state or federal criminal law;
2

8. Has not been convicted or found guilty, or has
3

entered into an agreed disposition, of a misdemeanor
4

offense related to the practice of nursing as determined
5

on a case-by-case basis;
6

9. Is not currently enrolled in an alternative
7

program;
8

10. Is subject to self-disclosure requirements
9

regarding current participation in an alternative program;
10

and
11

11. Has a valid United States Social Security number.
12

d. All party states shall be authorized, in accordance
13
with existing state due process law, to take adverse action
14
against a nurse's multistate licensure privilege such as
15
revocation, suspension, probation or any other action that
16
affects a nurse's authorization to practice under a multistate
17
licensure privilege, including cease and desist actions. If a
18
party state takes such action, it shall promptly notify the
19
administrator of the coordinated licensure information system.
20
The administrator of the coordinated licensure information
21
system shall promptly notify the home state of any such
22
actions by remote states.
23

e. A nurse practicing in a party state must comply with the
24
state practice laws of the state in which the client is located
25
at the time service is provided. The practice of nursing is not
26
limited to patient care, but shall include all nursing

HB4369
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LRB104 17213 AAS 30633 b
1
practice as defined by the state practice laws of the party
2
state in which the client is located. The practice of nursing
3
in a party state under a multistate licensure privilege will
4
subject a nurse to the jurisdiction of the licensing board,
5
the courts and the laws of the party state in which the client
6
is located at the time service is provided.
7

f. Individuals not residing in a party state shall
8
continue to be able to apply for a party state's single-state
9
license as provided under the laws of each party state.
10
However, the single-state license granted to these individuals
11
will not be recognized as granting the privilege to practice
12
nursing in any other party state. Nothing in this Compact
13
shall affect the requirements established by a party state for
14
the issuance of a single-state license.
15

g. Any nurse holding a home state multistate license, on
16
the effective date of this Compact, may retain and renew the
17
multistate license issued by the nurse's then-current home
18
state, provided that:
19

1. A nurse, who changes primary state of residence
20

after this Compact's effective date, must meet all
21

applicable Article III.c. requirements to obtain a
22

multistate license from a new home state.
23

2. A nurse who fails to satisfy the multistate
24

licensure requirements in Article III.c. due to a
25

disqualifying event occurring after this Compact's
26

effective date shall be ineligible to retain or renew a

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LRB104 17213 AAS 30633 b
1

multistate license, and the nurse's multistate license
2

shall be revoked or deactivated in accordance with
3

applicable rules adopted by the Interstate Commission of
4

Nurse Licensure Compact Administrators ("Commission").

5
ARTICLE IV

6
Applications for Licensure in a Party State

7

a. Upon application for a multistate license, the
8
licensing board in the issuing party state shall ascertain,
9
through the coordinated licensure information system, whether
10
the applicant has ever held, or is the holder of, a license
11
issued by any other state, whether there are any encumbrances
12
on any license or multistate licensure privilege held by the
13
applicant, whether any adverse action has been taken against
14
any license or multistate licensure privilege held by the
15
applicant and whether the applicant is currently participating
16
in an alternative program.
17

b. A nurse may hold a multistate license, issued by the
18
home state, in only one party state at a time.
19

c. If a nurse changes primary state of residence by moving
20
between two party states, the nurse must apply for licensure
21
in the new home state, and the multistate license issued by the
22
prior home state will be deactivated in accordance with
23
applicable rules adopted by the Commission.
24

1. The nurse may apply for licensure in advance of a

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1

change in primary state of residence.
2

2. A multistate license shall not be issued by the new
3

home state until the nurse provides satisfactory evidence
4

of a change in primary state of residence to the new home
5

state and satisfies all applicable requirements to obtain
6

a multistate license from the new home state.
7

d. If a nurse changes primary state of residence by moving
8
from a party state to a non-party state, the multistate
9
license issued by the prior home state will convert to a
10
single-state license, valid only in the former home state.

11
ARTICLE V

12
Additional Authorities Invested in Party State Licensing
13
Boards

14

a. In addition to the other powers conferred by state law,
15
a licensing board shall have the authority to:

16

1. Take adverse action against a nurse's multistate
17

licensure privilege to practice within that party state.
18

i. Only the home state shall have the power to take
19

adverse action against a nurse's license issued by the
20

home state.
21

ii. For purposes of taking adverse action, the
22

home state licensing board shall give the same
23

priority and effect to reported conduct received from
24

a remote state as it would if such conduct had occurred

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1

within the home state. In so doing, the home state
2

shall apply its own state laws to determine
3

appropriate action.
4

2. Issue cease and desist orders or impose an
5

encumbrance on a nurse's authority to practice within that
6

party state.
7

3. Complete any pending investigations of a nurse who
8

changes primary state of residence during the course of
9

such investigations. The licensing board shall also have
10

the authority to take appropriate action(s) and shall
11

promptly report the conclusions of such investigations to
12

the administrator of the coordinated licensure information
13

system. The administrator of the coordinated licensure
14

information system shall promptly notify the new home
15

state of any such actions.
16

4. Issue subpoenas for both hearings and
17

investigations that require the attendance and testimony
18

of witnesses, as well as, the production of evidence.
19

Subpoenas issued by a licensing board in a party state for
20

the attendance and testimony of witnesses or the
21

production of evidence from another party state shall be
22

enforced in the latter state by any court of competent
23

jurisdiction, according to the practice and procedure of
24

that court applicable to subpoenas issued in proceedings
25

pending before it. The issuing authority shall pay any
26

witness fees, travel expenses, mileage and other fees

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LRB104 17213 AAS 30633 b
1

required by the service statutes of the state in which the
2

witnesses or evidence are located.
3

5. Obtain and submit, for each nurse licensure
4

applicant, fingerprint or other biometric-based
5

information to the Federal Bureau of Investigation for
6

criminal background checks, receive the results of the
7

Federal Bureau of Investigation record search on criminal
8

background checks and use the results in making licensure
9

decisions.
10

6. If otherwise permitted by state law, recover from
11

the affected nurse the costs of investigations and
12

disposition of cases resulting from any adverse action
13

taken against that nurse.
14

7. Take adverse action based on the factual findings
15

of the remote state, provided that the licensing board
16

follows its own procedures for taking such adverse action.
17

b. If adverse action is taken by the home state against a
18
nurse's multistate license, the nurse's multistate licensure
19
privilege to practice in all other party states shall be
20
deactivated until all encumbrances have been removed from the
21
multistate license. All home state disciplinary orders that
22
impose adverse action against a nurse's multistate license
23
shall include a statement that the nurse's multistate
24
licensure privilege is deactivated in all party states during
25
the pendency of the order.
26

c. Nothing in this Compact shall override a party state's

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decision that participation in an alternative program may be
2
used in lieu of adverse action. The home state licensing board
3
shall deactivate the multistate licensure privilege under the
4
multistate license of any nurse for the duration of the
5
nurse's participation in an alternative program.

6
ARTICLE VI

7
Coordinated Licensure Information System and Exchange of
8
Information

9

a. All party states shall participate in a coordinated
10
licensure information system of all licensed registered nurses
11
(RNs) and licensed practical/vocational nurses (LPNs/VNs).
12
This system will include information on the licensure and
13
disciplinary history of each nurse, as submitted by party
14
states, to assist in the coordination of nurse licensure and
15
enforcement efforts.
16

b. The Commission, in consultation with the administrator
17
of the coordinated licensure information system, shall
18
formulate necessary and proper procedures for the
19
identification, collection and exchange of information under
20
this Compact.
21

c. All licensing boards shall promptly report to the
22
coordinated licensure information system any adverse action,
23
any current significant investigative information, denials of
24
applications (with the reasons for such denials) and nurse

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1
participation in alternative programs known to the licensing
2
board regardless of whether such participation is deemed
3
nonpublic or confidential under state law.
4

d. Current significant investigative information and
5
participation in nonpublic or confidential alternative
6
programs shall be transmitted through the coordinated
7
licensure information system only to party state licensing
8
boards.
9

e. Notwithstanding any other provision of law, all party
10
state licensing boards contributing information to the
11
coordinated licensure information system may designate
12
information that may not be shared with non-party states or
13
disclosed to other entities or individuals without the express
14
permission of the contributing state.
15

f. Any personally identifiable information obtained from
16
the coordinated licensure information system by a party state
17
licensing board shall not be shared with non-party states or
18
disclosed to other entities or individuals except to the
19
extent permitted by the laws of the party state contributing
20
the information.
21

g. Any information contributed to the coordinated
22
licensure information system that is subsequently required to
23
be expunged by the laws of the party state contributing that
24
information shall also be expunged from the coordinated
25
licensure information system.
26

h. The Compact administrator of each party state shall

HB4369
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1
furnish a uniform data set to the Compact administrator of
2
each other party state, which shall include, at a minimum:
3

1. Identifying information;
4

2. Licensure data;
5

3. Information related to alternative program
6

participation; and
7

4. Other information that may facilitate the
8

administration of this Compact, as determined by
9

Commission rules.
10

i. The Compact administrator of a party state shall
11
provide all investigative documents and information requested
12
by another party state.

13
ARTICLE VII

14
Establishment of the Interstate Commission of Nurse Licensure
15
Compact Administrators

16

a. The party states hereby create and establish a joint
17
public entity known as the Interstate Commission of Nurse
18
Licensure Compact Administrators.
19

1. The Commission is an instrumentality of the party
20

states.
21

2. Venue is proper, and judicial proceedings by or
22

against the Commission shall be brought solely and
23

exclusively, in a court of competent jurisdiction where
24

the principal office of the Commission is located. The

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1

Commission may waive venue and jurisdictional defenses to
2

the extent it adopts or consents to participate in
3

alternative dispute resolution proceedings.
4

3. Nothing in this Compact shall be construed to be a
5

waiver of sovereign immunity.
6

b. Membership, Voting and Meetings
7

1. Each party state shall have and be limited to one
8

administrator. The head of the state licensing board or
9

designee shall be the administrator of this Compact for
10

each party state. Any administrator may be removed or
11

suspended from office as provided by the law of the state
12

from which the Administrator is appointed. Any vacancy
13

occurring in the Commission shall be filled in accordance
14

with the laws of the party state in which the vacancy
15

exists.
16

2. Each administrator shall be entitled to one (1)
17

vote with regard to the promulgation of rules and creation
18

of bylaws and shall otherwise have an opportunity to
19

participate in the business and affairs of the Commission.
20

An administrator shall vote in person or by such other
21

means as provided in the bylaws. The bylaws may provide
22

for an administrator's participation in meetings by
23

telephone or other means of communication.
24

3. The Commission shall meet at least once during each
25

calendar year. Additional meetings shall be held as set
26

forth in the bylaws or rules of the commission.

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1

4. All meetings shall be open to the public, and
2

public notice of meetings shall be given in the same
3

manner as required under the rulemaking provisions in
4

Article VIII.
5

5. The Commission may convene in a closed, nonpublic
6

meeting if the Commission must discuss:
7

i. Noncompliance of a party state with its
8

obligations under this Compact;
9

ii. The employment, compensation, discipline or
10

other personnel matters, practices or procedures
11

related to specific employees or other matters related
12

to the Commission's internal personnel practices and
13

procedures;
14

iii. Current, threatened or reasonably anticipated
15

litigation;
16

iv. Negotiation of contracts for the purchase or
17

sale of goods, services or real estate;
18

v. Accusing any person of a crime or formally
19

censuring any person;
20

vi. Disclosure of trade secrets or commercial or
21

financial information that is privileged or
22

confidential;
23

vii. Disclosure of information of a personal
24

nature where disclosure would constitute a clearly
25

unwarranted invasion of personal privacy;
26

viii. Disclosure of investigatory records compiled

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1

for law enforcement purposes;
2

ix. Disclosure of information related to any
3

reports prepared by or on behalf of the Commission for
4

the purpose of investigation of compliance with this
5

Compact; or
6

x. Matters specifically exempted from disclosure
7

by federal or state statute.
8

6. If a meeting, or portion of a meeting, is closed
9

pursuant to this provision, the Commission's legal counsel
10

or designee shall certify that the meeting may be closed
11

and shall reference each relevant exempting provision. The
12

Commission shall keep minutes that fully and clearly
13

describe all matters discussed in a meeting and shall
14

provide a full and accurate summary of actions taken, and
15

the reasons therefor, including a description of the views
16

expressed. All documents considered in connection with an
17

action shall be identified in such minutes. All minutes
18

and documents of a closed meeting shall remain under seal,
19

subject to release by a majority vote of the Commission or
20

order of a court of competent jurisdiction.
21

c. The Commission shall, by a majority vote of the
22
administrators, prescribe bylaws or rules to govern its
23
conduct as may be necessary or appropriate to carry out the
24
purposes and exercise the powers of this Compact, including
25
but not limited to:
26

1. Establishing the fiscal year of the Commission;

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1

2. Providing reasonable standards and procedures:
2

i. For the establishment and meetings of other
3

committees; and
4

ii. Governing any general or specific delegation
5

of any authority or function of the Commission;
6

3. Providing reasonable procedures for calling and
7

conducting meetings of the Commission, ensuring reasonable
8

advance notice of all meetings and providing an
9

opportunity for attendance of such meetings by interested
10

parties, with enumerated exceptions designed to protect
11

the public's interest, the privacy of individuals, and
12

proprietary information, including trade secrets. The
13

Commission may meet in closed session only after a
14

majority of the administrators vote to close a meeting in
15

whole or in part. As soon as practicable, the Commission
16

must make public a copy of the vote to close the meeting
17

revealing the vote of each administrator, with no proxy
18

votes allowed;
19

4. Establishing the titles, duties and authority and
20

reasonable procedures for the election of the officers of
21

the Commission;
22

5. Providing reasonable standards and procedures for
23

the establishment of the personnel policies and programs
24

of the Commission. Notwithstanding any civil service or
25

other similar laws of any party state, the bylaws shall
26

exclusively govern the personnel policies and programs of

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1

the Commission; and
2

6. Providing a mechanism for winding up the operations
3

of the Commission and the equitable disposition of any
4

surplus funds that may exist after the termination of this
5

Compact after the payment or reserving of all of its debts
6

and obligations;
7

d. The Commission shall publish its bylaws and rules, and
8
any amendments thereto, in a convenient form on the website of
9
the Commission.
10

e. The Commission shall maintain its financial records in
11
accordance with the bylaws.
12

f. The Commission shall meet and take such actions as are
13
consistent with the provisions of this Compact and the bylaws.
14

g. The Commission shall have the following powers:
15

1. To promulgate uniform rules to facilitate and
16

coordinate implementation and administration of this
17

Compact. The rules shall have the force and effect of law
18

and shall be binding in all party states;
19

2. To bring and prosecute legal proceedings or actions
20

in the name of the Commission, provided that the standing
21

of any licensing board to sue or be sued under applicable
22

law shall not be affected;
23

3. To purchase and maintain insurance and bonds;
24

4. To borrow, accept or contract for services of
25

personnel, including, but not limited to, employees of a
26

party state or nonprofit organizations;

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1

5. To cooperate with other organizations that
2

administer state compacts related to the regulation of
3

nursing, including but not limited to sharing
4

administrative or staff expenses, office space or other
5

resources;
6

6. To hire employees, elect or appoint officers, fix
7

compensation, define duties, grant such individuals
8

appropriate authority to carry out the purposes of this
9

Compact, and to establish the Commission's personnel
10

policies and programs relating to conflicts of interest,
11

qualifications of personnel and other related personnel
12

matters;
13

7. To accept any and all appropriate donations, grants
14

and gifts of money, equipment, supplies, materials and
15

services, and to receive, utilize and dispose of the same;
16

provided that at all times the Commission shall avoid any
17

appearance of impropriety or conflict of interest;
18

8. To lease, purchase, accept appropriate gifts or
19

donations of, or otherwise to own, hold, improve or use,
20

any property, whether real, personal or mixed; provided
21

that at all times the Commission shall avoid any
22

appearance of impropriety;
23

9. To sell, convey, mortgage, pledge, lease, exchange,
24

abandon or otherwise dispose of any property, whether
25

real, personal or mixed;
26

10. To establish a budget and make expenditures;

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1

11. To borrow money;
2

12. To appoint committees, including advisory
3

committees comprised of administrators, state nursing
4

regulators, state legislators or their representatives,
5

and consumer representatives, and other such interested
6

persons;
7

13. To provide and receive information from, and to
8

cooperate with, law enforcement agencies;
9

14. To adopt and use an official seal; and
10

15. To perform such other functions as may be
11

necessary or appropriate to achieve the purposes of this
12

Compact consistent with the state regulation of nurse
13

licensure and practice.
14

h. Financing of the Commission
15

1. The Commission shall pay, or provide for the
16

payment of, the reasonable expenses of its establishment,
17

organization and ongoing activities.
18

2. The Commission may also levy on and collect an
19

annual assessment from each party state to cover the cost
20

of its operations, activities and staff in its annual
21

budget as approved each year. The aggregate annual
22

assessment amount, if any, shall be allocated based upon a
23

formula to be determined by the Commission, which shall
24

promulgate a rule that is binding upon all party states.
25

3. The Commission shall not incur obligations of any
26

kind prior to securing the funds adequate to meet the

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1

same; nor shall the Commission pledge the credit of any of
2

the party states, except by, and with the authority of,
3

such party state.
4

4. The Commission shall keep accurate accounts of all
5

receipts and disbursements. The receipts and disbursements
6

of the Commission shall be subject to the audit and
7

accounting procedures established under its bylaws.
8

However, all receipts and disbursements of funds handled
9

by the Commission shall be audited yearly by a certified
10

or licensed public accountant, and the report of the audit
11

shall be included in and become part of the annual report
12

of the Commission.
13

i. Qualified Immunity, Defense and Indemnification
14

1. The administrators, officers, executive director,
15

employees and representatives of the Commission shall be
16

immune from suit and liability, either personally or in
17

their official capacity, for any claim for damage to or
18

loss of property or personal injury or other civil
19

liability caused by or arising out of any actual or
20

alleged act, error or omission that occurred, or that the
21

person against whom the claim is made had a reasonable
22

basis for believing occurred, within the scope of
23

Commission employment, duties or responsibilities;
24

provided that nothing in this paragraph shall be construed
25

to protect any such person from suit or liability for any
26

damage, loss, injury or liability caused by the

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1

intentional, willful or wanton misconduct of that person.
2

2. The Commission shall defend any administrator,
3

officer, executive director, employee or representative of
4

the Commission in any civil action seeking to impose
5

liability arising out of any actual or alleged act, error
6

or omission that occurred within the scope of Commission
7

employment, duties or responsibilities, or that the person
8

against whom the claim is made had a reasonable basis for
9

believing occurred within the scope of Commission
10

employment, duties or responsibilities; provided that
11

nothing herein shall be construed to prohibit that person
12

from retaining his or her own counsel; and provided
13

further that the actual or alleged act, error or omission
14

did not result from that person's intentional, willful or
15

wanton misconduct.
16

3. The Commission shall indemnify and hold harmless
17

any administrator, officer, executive director, employee
18

or representative of the Commission for the amount of any
19

settlement or judgment obtained against that person
20

arising out of any actual or alleged act, error or
21

omission that occurred within the scope of Commission
22

employment, duties or responsibilities, or that such
23

person had a reasonable basis for believing occurred
24

within the scope of Commission employment, duties or
25

responsibilities, provided that the actual or alleged act,
26

error or omission did not result from the intentional,

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1

willful or wanton misconduct of that person.

2
ARTICLE VIII

3
Rulemaking

4

a. The Commission shall exercise its rulemaking powers
5
pursuant to the criteria set forth in this Article and the
6
rules adopted thereunder. Rules and amendments shall become
7
binding as of the date specified in each rule or amendment and
8
shall have the same force and effect as provisions of this
9
Compact.
10

b. Rules or amendments to the rules shall be adopted at a
11
regular or special meeting of the Commission.
12

c. Prior to promulgation and adoption of a final rule or
13
rules by the Commission, and at least sixty (60) days in
14
advance of the meeting at which the rule will be considered and
15
voted upon, the Commission shall file a notice of proposed
16
rulemaking:
17

1. On the website of the Commission; and
18

2. On the website of each licensing board or the
19

publication in which each state would otherwise publish
20

proposed rules.
21

d. The notice of proposed rulemaking shall include:
22

1. The proposed time, date and location of the meeting
23

in which the rule will be considered and voted upon;
24

2. The text of the proposed rule or amendment, and the

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1

reason for the proposed rule;
2

3. A request for comments on the proposed rule from
3

any interested person; and
4

4. The manner in which interested persons may submit
5

notice to the Commission of their intention to attend the
6

public hearing and any written comments.
7

e. Prior to adoption of a proposed rule, the Commission
8
shall allow persons to submit written data, facts, opinions
9
and arguments, which shall be made available to the public.
10

f. The Commission shall grant an opportunity for a public
11
hearing before it adopts a rule or amendment.
12

g. The Commission shall publish the place, time and date
13
of the scheduled public hearing.
14

1. Hearings shall be conducted in a manner providing
15

each person who wishes to comment a fair and reasonable
16

opportunity to comment orally or in writing. All hearings
17

will be recorded, and a copy will be made available upon
18

request.
19

2. Nothing in this section shall be construed as
20

requiring a separate hearing on each rule. Rules may be
21

grouped for the convenience of the Commission at hearings
22

required by this section.
23

h. If no one appears at the public hearing, the Commission
24
may proceed with promulgation of the proposed rule.
25

i. Following the scheduled hearing date, or by the close
26
of business on the scheduled hearing date if the hearing was

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1
not held, the Commission shall consider all written and oral
2
comments received.
3

j. The Commission shall, by majority vote of all
4
administrators, take final action on the proposed rule and
5
shall determine the effective date of the rule, if any, based
6
on the rulemaking record and the full text of the rule.
7

k. Upon determination that an emergency exists, the
8
Commission may consider and adopt an emergency rule without
9
prior notice, opportunity for comment or hearing, provided
10
that the usual rulemaking procedures provided in this Compact
11
and in this section shall be retroactively applied to the rule
12
as soon as reasonably possible, in no event later than ninety
13
(90) days after the effective date of the rule. For the
14
purposes of this provision, an emergency rule is one that must
15
be adopted immediately in order to:
16

1. Meet an imminent threat to public health, safety or
17

welfare;
18

2. Prevent a loss of Commission or party state funds;
19

or
20

3. Meet a deadline for the promulgation of an
21

administrative rule that is required by federal law or
22

rule.
23

l. The Commission may direct revisions to a previously
24
adopted rule or amendment for purposes of correcting
25
typographical errors, errors in format, errors in consistency
26
or grammatical errors. Public notice of any revisions shall be

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1
posted on the website of the Commission. The revision shall be
2
subject to challenge by any person for a period of thirty (30)
3
days after posting. The revision may be challenged only on
4
grounds that the revision results in a material change to a
5
rule. A challenge shall be made in writing, and delivered to
6
the Commission, prior to the end of the notice period. If no
7
challenge is made, the revision will take effect without
8
further action. If the revision is challenged, the revision
9
may not take effect without the approval of the Commission.

10
ARTICLE IX

11
Oversight, Dispute Resolution and Enforcement

12

a. Oversight
13

1. Each party state shall enforce this Compact and
14

take all actions necessary and appropriate to effectuate
15

this Compact's purposes and intent.
16

2. The Commission shall be entitled to receive service
17

of process in any proceeding that may affect the powers,
18

responsibilities or actions of the Commission, and shall
19

have standing to intervene in such a proceeding for all
20

purposes. Failure to provide service of process in such
21

proceeding to the Commission shall render a judgment or
22

order void as to the Commission, this Compact or
23

promulgated rules.
24

b. Default, Technical Assistance and Termination

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1

1. If the Commission determines that a party state has
2

defaulted in the performance of its obligations or
3

responsibilities under this Compact or the promulgated
4

rules, the Commission shall:
5

i. Provide written notice to the defaulting state
6

and other party states of the nature of the default,
7

the proposed means of curing the default or any other
8

action to be taken by the Commission; and
9

ii. Provide remedial training and specific
10

technical assistance regarding the default.
11

2. If a state in default fails to cure the default, the
12

defaulting state's membership in this Compact may be
13

terminated upon an affirmative vote of a majority of the
14

administrators, and all rights, privileges and benefits
15

conferred by this Compact may be terminated on the
16

effective date of termination. A cure of the default does
17

not relieve the offending state of obligations or
18

liabilities incurred during the period of default.
19

3. Termination of membership in this Compact shall be
20

imposed only after all other means of securing compliance
21

have been exhausted. Notice of intent to suspend or
22

terminate shall be given by the Commission to the governor
23

of the defaulting state and to the executive officer of
24

the defaulting state's licensing board and each of the
25

party states.
26

4. A state whose membership in this Compact has been

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1

terminated is responsible for all assessments, obligations
2

and liabilities incurred through the effective date of
3

termination, including obligations that extend beyond the
4

effective date of termination.
5

5. The Commission shall not bear any costs related to
6

a state that is found to be in default or whose membership
7

in this Compact has been terminated unless agreed upon in
8

writing between the Commission and the defaulting state.
9

6. The defaulting state may appeal the action of the
10

Commission by petitioning the U.S. District Court for the
11

District of Columbia or the federal district in which the
12

Commission has its principal offices. The prevailing party
13

shall be awarded all costs of such litigation, including
14

reasonable attorneys' fees.
15

c. Dispute Resolution
16

1. Upon request by a party state, the Commission shall
17

attempt to resolve disputes related to the Compact that
18

arise among party states and between party and non-party
19

states.
20

2. The Commission shall promulgate a rule providing
21

for both mediation and binding dispute resolution for
22

disputes, as appropriate.
23

3. In the event the Commission cannot resolve disputes
24

among party states arising under this Compact:
25

i. The party states may submit the issues in
26

dispute to an arbitration panel, which will be

HB4369
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1

comprised of individuals appointed by the Compact
2

administrator in each of the affected party states and
3

an individual mutually agreed upon by the Compact
4

administrators of all the party states involved in the
5

dispute.
6

ii. The decision of a majority of the arbitrators
7

shall be final and binding.
8

d. Enforcement
9

1. The Commission, in the reasonable exercise of its
10

discretion, shall enforce the provisions and rules of this
11

Compact.
12

2. By majority vote, the Commission may initiate legal
13

action in the U.S. District Court for the District of
14

Columbia or the federal district in which the Commission
15

has its principal offices against a party state that is in
16

default to enforce compliance with the provisions of this
17

Compact and its promulgated rules and bylaws. The relief
18

sought may include both injunctive relief and damages. In
19

the event judicial enforcement is necessary, the
20

prevailing party shall be awarded all costs of such
21

litigation, including reasonable attorneys' fees.
22

3. The remedies herein shall not be the exclusive
23

remedies of the Commission. The Commission may pursue any
24

other remedies available under federal or state law.

25
ARTICLE X

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1
Effective Date, Withdrawal and Amendment

2

a. This Compact shall become effective and binding on the
3
earlier of the date of legislative enactment of this Compact
4
into law by no less than twenty-six (26) states or December 31,
5
2018. All party states to this Compact, that also were parties
6
to the prior Nurse Licensure Compact, superseded by this
7
Compact, ("Prior Compact"), shall be deemed to have withdrawn
8
from said Prior Compact within six (6) months after the
9
effective date of this Compact.
10

b. Each party state to this Compact shall continue to
11
recognize a nurse's multistate licensure privilege to practice
12
in that party state issued under the Prior Compact until such
13
party state has withdrawn from the Prior Compact.
14

c. Any party state may withdraw from this Compact by
15
enacting a statute repealing the same. A party state's
16
withdrawal shall not take effect until six (6) months after
17
enactment of the repealing statute.
18

d. A party state's withdrawal or termination shall not
19
affect the continuing requirement of the withdrawing or
20
terminated state's licensing board to report adverse actions
21
and significant investigations occurring prior to the
22
effective date of such withdrawal or termination.
23

e. Nothing contained in this Compact shall be construed to
24
invalidate or prevent any nurse licensure agreement or other
25
cooperative arrangement between a party state and a non-party

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1
state that is made in accordance with the other provisions of
2
this Compact.
3

f. This Compact may be amended by the party states. No
4
amendment to this Compact shall become effective and binding
5
upon the party states unless and until it is enacted into the
6
laws of all party states.
7

g. Representatives of non-party states to this Compact
8
shall be invited to participate in the activities of the
9
Commission, on a nonvoting basis, prior to the adoption of
10
this Compact by all states.

11
ARTICLE XI

12
Construction and Severability

13
This Compact shall be liberally construed so as to effectuate
14
the purposes thereof. The provisions of this Compact shall be
15
severable, and if any phrase, clause, sentence or provision of
16
this Compact is declared to be contrary to the constitution of
17
any party state or of the United States, or if the
18
applicability thereof to any government, agency, person or
19
circumstance is held invalid, the validity of the remainder of
20
this Compact and the applicability thereof to any government,
21
agency, person or circumstance shall not be affected thereby.
22
If this Compact shall be held to be contrary to the
23
constitution of any party state, this Compact shall remain in
24
full force and effect as to the remaining party states and in

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LRB104 17213 AAS 30633 b
1
full force and effect as to the party state affected as to all
2
severable matters.

3

(225 ILCS 65/85-10 new)
4

Sec. 85-10.
State labor laws.
The Nurse Licensure Compact
5
does not supersede existing State labor laws.

6

(225 ILCS 65/85-15 new)
7

Sec. 85-15.
Criminal history record checks.
The State may
8
not share with or disclose to the Interstate Commission of
9
Nurse Licensure Compact Administrators or any other state any
10
of the contents of a nationwide criminal history records check
11
conducted for the purpose of multistate licensure under the
12
Nurse Licensure Compact.

13

(225 ILCS 65/85-20 new)
14

Sec. 85-20.
Continuing education.
Nurses subject to the
15
Nurse Licensure Compact shall complete 20 hours of approved
16
continuing education in every 2-year license renewal cycle.
17
The continuing education hours shall include, but not be
18
limited to, the completion of the following mandatory courses:
19
mandated reporter training for abused and neglected children,
20
Alzheimer's disease education, implicit bias training, and
21
sexual harassment training. An employer who employs nurses who
22
are subject to the Nurse Licensure Compact shall provide such
23
nurses with the opportunity to obtain the required continuing

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1
education hours.

2

(225 ILCS 65/85-25 new)
3

Sec. 85-25.
Advanced practice registered nurses.
The
4
compact in this Article does not apply to an advanced practice
5
registered nurse.

6

(225 ILCS 65/85-30 new)
7

Sec. 85-30.
Employer attestation.
On the effective date of
8
the Nurse Licensure Compact, employers who intend to hire or
9
who have hired a nurse with a multistate license issued from a
10
state other than this State must attest to the following:
11

(1) The nurse has submitted the required demographic
12

information. The required demographic information shall
13

include the Illinois Nursing Workforce Center's supply
14

survey or any other demographic data survey required by
15

the Board as a condition of employment.
16

(2) The nurse has completed the required hours of
17

continuing education for licensure renewal, as required in
18

Section 85-20. The employer shall report its attestation
19

of the nurse's completion of such hours on a form
20

developed by the Department within 30 days after employing
21

the nurse.

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