Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 48 (2017GS)

Sponsor

Sen. Vickers, E.

Final action

Governor Signed 3/15/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• establishes findings for the Nurse Licensure Compact;
• defines terms;
• creates general provisions and jurisdiction for the compact;
• establishes a licensure process for party states;
• invests authority in party state licensing boards;
• coordinates licensure information systems and exchange of information;
• establishes the Interstate Commission of Nurse Licensure Compact Administrators;
• provides rulemaking to the commission;
• provides oversight and dispute resolution; and
• establishes an effective date for the compact.

Every vote on this bill

Bill text

NURSE LICENSURE COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Evan J. Vickers
House Sponsor: 
Raymond P. Ward
LONG TITLE
General Description:
This bill enacts a Nurse Licensure Compact that will replace the state's current Nurse
Licensure Compact if certain conditions are met.
Highlighted Provisions:
This bill:
▸ establishes findings for the Nurse Licensure Compact;
▸ defines terms;
▸ creates general provisions and jurisdiction for the compact;
▸ establishes a licensure process for party states;
▸ invests authority in party state licensing boards;
▸ coordinates licensure information systems and exchange of information;
▸ establishes the Interstate Commission of Nurse Licensure Compact Administrators;
▸ provides rulemaking to the commission;
▸ provides oversight and dispute resolution; and
▸ establishes an effective date for the compact.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
58-31e-101
, Utah Code Annotated 1953
58-31e-102
, Utah Code Annotated 1953
58-31e-103
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-31e-101
 is enacted to read:
CHAPTER 31e. NURSE LICENSURE COMPACT - REVISED
 58-31e-101.
Title.
This chapter is known as the "Nurse Licensure Compact - Revised."
Section 2. Section 
58-31e-102
 is enacted to read:
 58-31e-102.
Nurse Licensure Compact.
The Nurse Licensure Compact is hereby enacted and entered into with all other
jurisdictions that legally join in the compact, which is in form, substantially as follows:
NURSE LICENSURE COMPACT
ARTICLE I
Findings and Declaration of Purpose
a. The party states find that:
1. 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. Violations of nurse licensure and other laws regulating the practice of nursing may
result in injury or harm to the public;
3. 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. New practice modalities and technology make compliance with individual state
nurse licensure laws difficult and complex;
5. The current system of duplicative licensure for nurses practicing in multiple states is
cumbersome and redundant for both nurses and states; and
6. Uniformity of nurse licensure requirements throughout the states promotes public
safety and public health benefits.
b. The general purposes of this Compact are to:
1. Facilitate the states' responsibility to protect the public's health and safety;
2. Ensure and encourage the cooperation of party states in the areas of nurse licensure
and regulation;
3. Facilitate the exchange of information between party states in the areas of nurse
regulation, investigation, and adverse actions;
4. Promote compliance with the laws governing the practice of nursing in each
jurisdiction;
5. 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. 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. "Current significant investigative information" means:
1. 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. "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board.
f. "Home state" means the party state which is the nurse's primary state of residence.
g. "Licensing board" means a party state's regulatory body responsible for issuing nurse
licenses.
h. "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. "Multistate licensure privilege" means a legal authorization associated with a
multistate license permitting the practice of nursing as either a registered nurse (RN) or
LPN/VN in a remote state.
j. "Nurse" means an RN or LPN/VN, as those terms are defined by each party state's
practice laws.
k. "Party state" means any state that has adopted this Compact.
l. "Remote state" means a party state, other than the home state.
m. "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. "State" means a state, territory, or possession of the United States and the District of
Columbia.
o. "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. A state must implement procedures for considering the criminal history records of
applicants for initial multistate license or licensure by endorsement. Such procedures shall
include the submission of fingerprints or other biometric-based information by applicants for
the purpose of obtaining an applicant's criminal history record information from the Federal
Bureau of Investigation and the agency responsible for retaining that state's criminal records.
c. Each party state shall require the following for an applicant to obtain or retain a
multistate license in the home state:
1. Meets the home state's qualifications for licensure or renewal of licensure, as well as
all other applicable state laws;
2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or
ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that
(a) has been approved by the authorized accrediting body in the applicable country and (b) has
been verified by an independent credentials review agency to be comparable to a licensing
board-approved prelicensure education program;
3. Has, if a graduate of a foreign prelicensure education program not taught in English
or if English is not the individual's native language, successfully passed an English proficiency
examination that includes the components of reading, speaking, writing, and listening;
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. Is not currently enrolled in an alternative program;
10. Is subject to self-disclosure requirements regarding current participation in an
alternative program; and
11. 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 such
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 such actions by remote states.
e. 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. Individuals not residing in a party state shall continue to be able to apply for a party
state's single-state license as provided under the laws of each party state. However, the
single-state license granted to these individuals will not be recognized as granting the privilege
to practice nursing in any other party state. Nothing in this Compact shall affect the
requirements established by a party state for the issuance of a single-state license.
g. 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 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; and
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.
1. The nurse may apply for licensure in advance of a change in primary state of
residence.
2. 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. 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.
i. Only the home state shall have the power to take adverse action against a nurse's
license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board shall give the
same priority and effect to reported conduct received from a remote state as it would if such
conduct had occurred within the home state. 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 such investigations. The licensing board shall also have the
authority to take appropriate action(s) and shall promptly report the conclusions of such
investigations to the administrator of the coordinated licensure information system. The
administrator of the coordinated licensure information system shall promptly notify the new
home state of any such actions.
4. Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as 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. 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.
7. Take adverse action based on the factual findings of the remote state, provided that
the licensing board follows its own procedures for taking such adverse action.
b. 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 such denials), and nurse participation in alternative programs
known to the licensing board regardless of whether such participation is deemed nonpublic or
confidential under state law.
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.
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.
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 such 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, nonpublic meeting if the Commission
must discuss:
i. Noncompliance of a party state with its obligations under this Compact;
ii. 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;
iii. Current, threatened, or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services, or real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
vii. Disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement purposes;
ix. Disclosure of information related to any reports prepared by or on behalf of the
Commission for the purpose of investigation of compliance with this Compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the
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 therefore, including a description of the views
expressed. All documents considered in connection with an action shall be identified in such
minutes. All minutes and documents of a closed meeting shall remain under seal, subject to
release by a majority vote of the Commission or order of a court of competent jurisdiction.
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:
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function of the
Commission;
3. Providing reasonable procedures for calling and conducting meetings of the
Commission, ensuring reasonable advance notice of all meetings, and providing an opportunity
for attendance of such meetings by interested parties, with enumerated exceptions designed to
protect the public's interest, the privacy of individuals, and proprietary information, including
trade secrets. The Commission may meet in closed session only after a majority of the
administrators vote to close a meeting in whole or in part. As soon as practicable, the
Commission must make public a copy of the vote to close the meeting revealing the vote of
each administrator, with no proxy votes allowed;
4. Establishing the titles, duties 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 of 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 such actions as are consistent with the
provisions of this Compact and the bylaws.
g. The Commission shall have the following powers:
1. To promulgate uniform rules to facilitate and coordinate implementation and
administration of this Compact. The rules shall have the force and effect of law and shall be
binding in all party states;
2. To bring and prosecute legal proceedings or actions in the name of the Commission,
provided that the standing of any licensing board to sue or be sued under applicable law shall
not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a party state or nonprofit organizations;
5. To cooperate with other organizations that administer state compacts related to the
regulation of nursing, including but not limited to sharing administrative or staff expenses,
office space, or other resources;
6. To hire employees, elect or appoint officers, fix compensation, define duties, grant
such individuals appropriate authority to carry out the purposes of this Compact, and to
establish the Commission's personnel policies and programs relating to conflicts of interest,
qualifications of personnel, and other related personnel matters;
7. To accept any and all appropriate donations, grants, and gifts of money, equipment,
supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that
at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,
hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times
the Commission shall avoid any appearance of impropriety;
9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, whether real, personal, or mixed;
10. To establish a budget and make expenditures;
11. To borrow money;
12. To appoint committees, including advisory committees comprised of
administrators, state nursing regulators, state legislators or their representatives, and consumer
representatives, and other such interested persons;
13. To provide and receive information from, and to cooperate with, law enforcement
agencies;
14. To adopt and use an official seal; and
15. To perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact consistent with the state regulation of nurse licensure and practice.
h. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
2. The Commission may also levy on and collect an annual assessment from each party
state to cover the cost of its operations, activities, and staff in its annual budget as approved
each year. The aggregate annual assessment amount, if any, shall be allocated based upon a
formula to be determined by the Commission, which shall promulgate a rule that is binding
upon all party states.
3. The Commission shall not incur obligations of any kind prior to securing the funds
adequate to meet the same; nor shall the Commission pledge the credit of any of the party
states, except by, and with the authority of, such party state.
4. The Commission shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Commission shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds
handled by the Commission shall be audited yearly by a certified or licensed public accountant,
and the report of the audit shall be included in and become part of the annual report of the
Commission.
i. Qualified Immunity, Defense, and Indemnification
1. The administrators, officers, executive director, employees, and representatives of
the Commission shall be immune from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or personal injury or other civil
liability caused by or arising out of any actual or alleged act, error, or omission that occurred,
or that the person against whom the claim is made had a reasonable basis for believing
occurred, within the scope of Commission employment, duties, or responsibilities; provided
that nothing in this paragraph shall be construed to protect any such person from suit or liability
for any damage, loss, injury, or liability caused by the intentional, willful, or wanton
misconduct of that person.
2. The Commission shall defend any administrator, officer, executive director,
employee, or representative of the Commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission that occurred within the scope of
Commission employment, duties, or responsibilities, or that the person against whom the claim
is made had a reasonable basis for believing occurred within the scope of Commission
employment, duties, or responsibilities; provided that nothing herein shall be construed to
prohibit that person from retaining his or her own counsel; and provided further that the actual
or alleged act, error, or omission did not result from that person's intentional, willful, or wanton
misconduct.
3. The Commission shall indemnify and hold harmless any administrator, officer,
executive director, employee, or representative of the Commission for the amount of any
settlement or judgment obtained against that person arising out of any actual or alleged act,
error, or omission that occurred within the scope of Commission employment, duties, or
responsibilities, or that such person had a reasonable basis for believing occurred within the
scope of Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct
of that person.
ARTICLE VIII
Rulemaking
a. The Commission shall exercise its rulemaking powers pursuant to the criteria set
forth in this Article and the rules adopted thereunder. Rules and amendments shall become
binding as of the date specified in each rule or amendment and shall have the same force and
effect as provisions of this Compact.
b. Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at
least sixty (60) days in advance of the meeting at which the rule will be considered and voted
upon, the Commission shall file a notice of proposed rulemaking:
1. On the website of the Commission; and
2. On the website of each licensing board or the publication in which each state would
otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
2. The text of the proposed rule or amendment, and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.
e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit
written data, facts, opinions, and arguments, which shall be made available to the public.
f. The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment.
g. The Commission shall publish the place, time, and date of the scheduled public
hearing.
1. Hearings shall be conducted in a manner providing each person who wishes to
comment a fair and reasonable opportunity to comment orally or in writing. All hearings will
be recorded, and a copy will be made available upon request.
2. Nothing in this section shall be construed as requiring a separate hearing on each
rule. Rules may be grouped for the convenience of the Commission at hearings required by this
section.
h. If no one appears at the public hearing, the Commission may proceed with
promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close of business on the scheduled
hearing date if the hearing was not held, the Commission shall consider all written and oral
comments received.
j. The Commission shall, by majority vote of all administrators, take final action on the
proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking
record and the full text of the rule.
k. Upon determination that an emergency exists, the Commission may consider and
adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided
that the usual rulemaking procedures provided in this Compact and in this section shall be
retroactively applied to the rule as soon as reasonably possible, in no event later than ninety
(90) days after the effective date of the rule. For the purposes of this provision, an emergency
rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or party state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is required by
federal law or rule.
l. The Commission may direct revisions to a previously adopted rule or amendment for
purposes of correcting typographical errors, errors in format, errors in consistency, or
grammatical errors. Public notice of any revisions shall be posted on the website of the
Commission. The revision shall be subject to challenge by any person for a period of thirty (30)
days after posting. The revision may be challenged only on grounds that the revision results in
a material change to a rule. A challenge shall be made in writing, and delivered to the
Commission, prior to the end of the notice period. If no challenge is made, the revision will
take effect without further action. If the revision is challenged, the revision may not take effect
without the approval of the Commission.
ARTICLE IX
Oversight, Dispute Resolution, and Enforcement
a. Oversight
1. Each party state shall enforce this Compact and take all actions necessary and
appropriate to effectuate this Compact's purposes and intent.
2. The Commission shall be entitled to receive service of process in any proceeding that
may affect the powers, responsibilities, or actions of the Commission, and shall have standing
to intervene in such a proceeding for all purposes. Failure to provide service of process in such
proceeding to the Commission shall render a judgment or order void as to the Commission, this
Compact, or promulgated rules.
b. Default, Technical Assistance, and Termination
1. If the Commission determines that a party state has defaulted in the performance of
its obligations or responsibilities under this Compact or the promulgated rules, the Commission
shall:
i. Provide written notice to the defaulting state and other party states of the nature of
the default, the proposed means of curing the default, or any other action to be taken by the
Commission; and
ii. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state's membership in this
Compact may be terminated upon an affirmative vote of a majority of the administrators, and
all rights, privileges, and benefits conferred by this Compact may be terminated on the
effective date of termination. A cure of the default does not relieve the offending state of
obligations or liabilities incurred during the period of default.
3. Termination of membership in this Compact shall be imposed only after all other
means of securing compliance have been exhausted. Notice of intent to suspend or terminate
shall be given by the Commission to the governor of the defaulting state and to the executive
officer of the defaulting state's licensing board and each of the party states.
4. A state whose membership in this Compact has been terminated is responsible for
all assessments, obligations, and liabilities incurred through the effective date of termination,
including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in
default or whose membership in this Compact has been terminated unless agreed upon in
writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the
U.S. District Court for the District of Columbia or the federal district in which the Commission
has its principal offices. The prevailing party shall be awarded all costs of such litigation,
including reasonable attorneys' fees.
c. Dispute Resolution
1. Upon request by a party state, the Commission shall attempt to resolve disputes
related to the Compact that arise among party states and between party and 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:
i. The party states may submit the issues in dispute to an arbitration panel, which will
be comprised of individuals appointed by the Compact administrator in each of the affected
party states and an individual mutually agreed upon by the Compact administrators of all the
party states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding.
d. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the U.S. District Court
for the District of Columbia or the federal district in which the Commission has its principal
offices against a party state that is in default to enforce compliance with the provisions of this
Compact and its promulgated rules and bylaws. The relief sought may include both injunctive
relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be
awarded all costs of such litigation, including reasonable attorneys' fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The
Commission may pursue any other remedies available under federal or state law.
ARTICLE X
Effective Date, Withdrawal, and Amendment
a. This Compact, enacted in Title 58, Chapter 31e, Nurse Licensure Compact - Revised
("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, enacted in Title 58, Chapter 31c, 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 such
party state has withdrawn from the Prior Compact.
c. Any party state may withdraw from this Compact by enacting a statute repealing the
same. A party state's withdrawal shall not take effect until six (6) months after enactment of the
repealing statute.
d. A party state's withdrawal or termination shall not affect the continuing requirement
of the withdrawing or terminated state's licensing board to report adverse actions and
significant investigations occurring prior to the effective date of such withdrawal or
termination.
e. Nothing contained in this Compact shall be construed to invalidate or prevent any
nurse licensure agreement or other cooperative arrangement between a party state and a
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 so as to effectuate the purposes thereof. The
provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision
of this Compact is declared to be contrary to the constitution of any party state or of the United
States, or if the applicability thereof to any government, agency, person, or circumstance is held
invalid, the validity of the remainder of this Compact and the applicability thereof to any
government, agency, person, or circumstance shall not be affected thereby. If this Compact
shall be held to be contrary to the constitution of any party state, this Compact shall remain in
full force and effect as to the remaining party states and in full force and effect as to the party
state affected as to all severable matters.
Section 3. Section 
58-31e-103
 is enacted to read:
 58-31e-103.
Implementation and rulemaking authority.
(1) The term "head of the state licensing board," as used in Article VII b(1) of the
Nurse Licensure Compact in Section 
58-31e-102
, means an individual who is an ex-officio
member of the Board of Nursing created in Section 
58-31b-201
 and is appointed by the director
to serve as the head of the state licensing board for purposes of Article VII b(1) of the Nurse
Licensure Compact.
(2) The division may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules necessary to implement the provisions of this chapter.