Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 151 (2022GS)

Sponsor

Sen. Bramble, C.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• enacts the Advanced Practice Registered Nurse Compact (compact);
• requires individuals to complete a background check to obtain a license to be a nurse midwife as required by the compact;
• for purposes of the compact, allows an individual licensed as an advanced practice registered nurse to obtain licensure as a certified nurse anesthetist or a nurse midwife; and
• repeals the previously enacted compact related to advanced practice registered nurses and associated provisions.

Every vote on this bill

Bill text

ADVANCED PRACTICE REGISTERED NURSE COMPACT
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Curtis S. Bramble
House Sponsor: 
James A. Dunnigan
LONG TITLE
General Description:
This bill enacts provisions related to the nursing profession.
Highlighted Provisions:
This bill:
▸ enacts the Advanced Practice Registered Nurse Compact (compact);
▸ requires individuals to complete a background check to obtain a license to be a
nurse midwife as required by the compact;
▸ for purposes of the compact, allows an individual licensed as an advanced practice
registered nurse to obtain licensure as a certified nurse anesthetist or a nurse
midwife; and
▸ repeals the previously enacted compact related to advanced practice registered
nurses and associated provisions.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-1-301.5
, as last amended by Laws of Utah 2020, Chapter 339
58-44a-302
, as last amended by Laws of Utah 2016, Chapter 238
ENACTS:
58-44a-302.1
, Utah Code Annotated 1953
REPEALS AND REENACTS:
58-31d-101
, as enacted by Laws of Utah 2004, Chapter 15
58-31d-102
, as enacted by Laws of Utah 2004, Chapter 15
REPEALS:
58-31d-103
, as last amended by Laws of Utah 2019, Chapter 233
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
58-1-301.5
 is amended to read:
58-1-301.5.
Division access to Bureau of Criminal Identification records.
(1) The division shall have direct access to local files maintained by the Bureau of
Criminal Identification under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification,
for background screening of [
persons
] 
individuals
 who are applying for licensure, licensure
renewal, licensure reinstatement, or relicensure, as required in:
(a) Section 
58-17b-307
 [
of Title 58, Chapter 17b, Pharmacy Practice Act
];
(b) Sections 
58-24b-302
 and 
58-24b-302.1
 [
of Title 58, Chapter 24b, Physical Therapy
Practice Act
];
(c) Section 
58-31b-302
 [
of Title 58, Chapter 31b, Nurse Practice Act
];
(d) Section 
58-44a-302.1
;
[
(d)
] 
(e)
 Section 
58-47b-302
 [
of Title 58, Chapter 47b, Massage Therapy Practice Act
];
[
(e)
] 
(f)
 Section 
58-55-302
 [
of Title 58, Chapter 55, Utah Construction Trades
Licensing Act, as it
]
, as Section 
58-55-302
 applies to alarm companies and alarm company
agents;
[
(f)
] 
(g)
 Sections 
58-61-304
 and 
58-61-304.1
 [
of Title 58, Chapter 61, Psychologist
Licensing Act
];
[
(g)
] 
(h)
 Section 
58-63-302
 [
of Title 58, Chapter 63, Security Personnel Licensing
Act
];
[
(h)
] 
(i)
 Section 
58-64-302
 [
of Title 58, Chapter 64, Deception Detection Examiners
Licensing Act
];
[
(i)
] 
(j)
 Sections 
58-67-302
 and 
58-67-302.1
 [
of Title 58, Chapter 67, Utah Medical
Practice Act
]; and
[
(j)
] 
(k)
 Sections 
58-68-302
 and 
58-68-302.1
 [
of Title 58, Chapter 68, Utah
Osteopathic Medical Practice Act
].
(2) The division's access to criminal background information under this section:
(a) shall meet the requirements of Section 
53-10-108
; and
(b) includes convictions, pleas of nolo contendere, pleas of guilty or nolo contendere
held in abeyance, dismissed charges, and charges without a known disposition.
(3) The division may not disseminate outside of the division any criminal history
record information that the division obtains from the Bureau of Criminal Identification or the
Federal Bureau of Investigation under the criminal background check requirements of this
section.
Section 2. Section 
58-31d-101
 is repealed and reenacted to read:
 58-31d-101.
Advanced Practice Registered Nurse Compact.
The Advanced Practice Registered Nurse Compact is hereby enacted and entered into
with all other jurisdictions that legally join in the compact, which is, in form, substantially as
follows:
ARTICLE I
Findings and Declaration of Purpose
(1) The party states find that:
(a) the health and safety of the public are affected by the degree of compliance with
APRN licensure requirements and the effectiveness of enforcement activities related to State
APRN licensure laws;
(b) violations of APRN licensure and other laws regulating the practice of nursing may
result in injury or harm to the public;
(c) the expanded mobility of APRNs and the use of advanced communication and
intervention technologies as part of our nation's health care delivery system require greater
coordination and cooperation among states in the areas of APRN licensure and regulation;
(d) new practice modalities and technology make compliance with individual state
APRN licensure laws difficult and complex;
(e) the current system of duplicative APRN licensure for APRNs practicing in multiple
states is cumbersome and redundant for healthcare delivery systems, payors, state licensing
boards, regulators and APRNs; and
(f) uniformity of APRN licensure requirements throughout the states promotes public
safety and public health benefits as well as providing a mechanism to increase access to care,
particularly in rural and underserved areas.
(2) The general purposes of this compact are to:
(a) facilitate the states' responsibilities to protect the public's health and safety;
(b) ensure and encourage the cooperation of party states in the areas of APRN licensure
and regulation, including promotion of uniform licensure requirements;
(c) facilitate the exchange of information between party states in the areas of APRN
regulation, investigation, and adverse actions;
(d) promote compliance with the laws governing APRN practice in each jurisdiction;
(e) invest all party states with the authority to hold an APRN 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 privileges to practice;
(f) decrease redundancies in the consideration and issuance of APRN licenses; and
(g) provide opportunities for interstate practice by APRNs who meet uniform licensure
requirements.
ARTICLE II
Definitions
As used in this compact:
(1) "Advanced practice registered nurse" or "APRN" means a registered nurse who has
gained additional specialized knowledge, skills, and experience through a program of study
recognized or defined by the Interstate Commission of APRN Compact Administrators
("Commission") and who is licensed to perform advanced nursing practice. An advanced
practice registered nurse is licensed in an APRN role that is congruent with an APRN
educational program, certification, and Commission rules.
(2) "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 an
APRN, 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 an APRN's authorization to practice,
including the issuance of a cease and desist action.
(3) "Alternative program" means a nondisciplinary monitoring program approved by a
licensing board.
(4) "APRN licensure" means the regulatory mechanism used by a party state to grant
legal authority as an APRN.
(5) "APRN uniform licensure/ requirements" means the minimum uniform licensure,
education, and examination requirements set forth in Article III.2 of this Compact.
(6) "Coordinated licensure information system" means an integrated process for
collecting, storing, and sharing information on APRN licensure and enforcement activities
related to APRN licensure laws that are administered by a nonprofit organization composed of
and controlled by licensing boards.
(7) "Current significant investigative information" means:
(a) investigative information that a licensing board, after a preliminary inquiry that
includes notification and an opportunity for the APRN 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
(b) investigative information that indicates that the APRN represents an immediate
threat to public health and safety regardless of whether the APRN has been notified and had an
opportunity to respond.
(8) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board in connection with a
disciplinary proceeding.
(9) "Home state" means the party state that is the APRN's primary state of residence.
(10) "Licensing board" means a party state's regulatory body responsible for regulating
the practice of advanced practice registered nursing.
(11) "Multistate license" means an APRN license to practice as an APRN issued by a
home state licensing board that authorizes the APRN to practice as an APRN in all party states
under a multistate licensure privilege, in the same role and population focus as the APRN is
licensed in the home state.
(12) "Non-controlled prescription drug" means a device or drug that is not a controlled
substance and is prohibited under state or federal law from being dispensed without a
prescription. The term includes a device or drug that bears or is required to bear the legend
"Caution: federal law prohibits dispensing without prescription" or "prescription only" or other
legend that complies with federal law.
(13) "Party state" means any state that has adopted this compact.
(14) "Population focus" means one of the six population foci of family/individual
across the lifespan, adult-gerontology, pediatrics, neonatal, women's health/gender-related and
psych/mental health.
(15) "Prescriptive authority" means the legal authority to prescribe medications and
devices as defined by party state laws.
(16) "Remote state" means a party state that is not the home state.
(17) "Role" means one of the four recognized roles of certified registered nurse
anesthetists (CRNA), certified nurse-midwives (CNM), clinical nurse specialists (CNS) and
certified nurse practitioners (CNP).
(18) "Single-state license" means an APRN 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.
(19) "State" means a state, territory, or possession of the United States and the District
of Columbia.
(20) (a) "State practice laws" means a party state's laws, rules, and regulations that
govern APRN practice, define the scope of advanced nursing practice, and create the methods
and grounds for imposing discipline except that prescriptive authority shall be treated in
accordance with Article III.1(d) of this Compact.
(b) "State practice laws" do not include:
(i) a party state's laws, rules, and regulations requiring supervision or collaboration
with a healthcare professional, except for laws, rules, and regulations regarding prescribing
controlled substances; or
(ii) the requirements necessary to obtain and retain an APRN license, except for
qualifications or requirements of the home state.
ARTICLE III
General Provisions and Jurisdiction
(1) (a) A state must implement procedures for considering the criminal history records
of applicants for initial APRN licensure or APRN licensure by endorsement.
(b) Such procedures shall include the submission of fingerprints or other
biometric-based information by APRN 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.
(2) Each party state shall require an applicant to satisfy, the following APRN uniform
licensure requirements to obtain or retain a multistate license in the home state:
(a) meeting the home state's qualifications for licensure or renewal of licensure, as well
as, all other applicable state laws;
(b) (i) has completed an accredited graduate-level education program that prepares the
applicant for one of the four recognized roles and population foci; or
(ii) has completed a foreign APRN education program for one of the four recognized
roles and population foci 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 APRN education program;
(c) has, if a graduate of a foreign APRN 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;
(d) has successfully passed a national certification examination that measures APRN,
role and population-focused competencies and maintains continued competence as evidenced
by recertification in the role and population focus through the national certification program;
(e) holds an active, unencumbered license as a registered nurse and an active,
unencumbered authorization to practice as an APRN;
(f) has successfully passed an NCLEX-RN® examination or recognized predecessor,
as applicable;
(g) has practiced for at least 2,080 hours as an APRN in a role and population focus
congruent with the applicant's education and training. For purposes of this section, practice
shall not include hours obtained as part of enrollment in an APRN education program;
(h) 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 or, if applicable, foreign country's criminal records;
(i) has not been convicted or found guilty, or has entered into an agreed disposition, of
a felony offense under applicable state, federal or foreign criminal law;
(j) 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 by factors set forth in
rules adopted by the Commission;
(k) is not currently enrolled in an alternative program;
(l) is subject to self-disclosure requirements regarding current participation in an
alternative program; and
(m) has a valid United States Social Security number.
(3) An APRN issued a multistate license shall be licensed in an approved role and at
least one approved population focus.
(4) An APRN multistate license issued by a home state to a resident in that state will be
recognized by each party state as authorizing the APRN to practice as an APRN in each party
state, under a multistate licensure privilege, in the same role and population focus as the APRN
is licensed in the home state.
(5) Nothing in this Compact shall affect the requirements established by a party state
for the issuance of a single-state license, except that an individual may apply for a single-state
license, instead of a multistate license, even if otherwise qualified for the multistate license.
However, the failure of such an individual to affirmatively opt for a single state license may
result in the issuance of a multistate license.
(6) Issuance of an APRN multistate license shall include prescriptive authority for
non-controlled prescription drugs.
(7) For each state in which an APRN seeks authority to prescribe controlled
substances, the APRN shall satisfy all requirements imposed by such state in granting and/or
renewing such authority.
(8) (a) An APRN issued a multistate license is authorized to assume responsibility and
accountability for patient care independent of any supervisory or collaborative relationship.
(b) This authority may be exercised in the home state and in any remote state in which
the APRN exercises a multistate licensure privilege.
(9) (a) All party states shall be authorized, in accordance with state due process laws,
to take adverse action against an APRN's multistate licensure privilege such as revocation,
suspension, probation or any other action that affects an APRN's authorization to practice
under a multistate licensure privilege, including cease and desist actions.
(b) If a party state takes such action, it shall promptly notify the administrator of the
coordinated licensure information system.
(c) The administrator of the coordinated licensure information system shall promptly
notify the home state of any such actions by remote states.
(10) (a) Except as otherwise expressly provided in this Compact, an APRN 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.
(b) APRN practice is not limited to patient care, but shall include all advanced nursing
practice as defined by the state practice laws of the party state in which the client is located.
(c) APRN practice in a party state under a multistate licensure privilege will subject the
APRN 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.
(11) Except as otherwise expressly provided in this Compact, this Compact does not
affect additional requirements imposed by states for advanced practice registered nursing.
However, a multistate licensure privilege to practice registered nursing granted by a party state
shall be recognized by other party states as satisfying any state law requirement for registered
nurse licensure as a precondition for authorization to practice as an APRN in that state.
(12) Individuals not residing in a party state shall continue to be able to apply for a
party state's single-state APRN 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 as an APRN in any other party state.
ARTICLE IV
Applications for APRN Licensure in a Party State
(1) Upon application for an APRN 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 licensed practical/vocational nursing license, a
registered nursing license or an advanced practice registered nursing license issued by another
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 a license or multistate
licensure privilege held by the applicant, and whether the applicant is currently participating in
an alternative program.
(2) An APRN may hold a multistate APRN license issued by the home state, in only
one party state at a time.
(3) If an APRN changes primary state of residence by moving between two party
states, the APRN must apply for APRN licensure in the new home state, and the multistate
license issued by the prior home state shall be deactivated in accordance with applicable
Commission rules.
(a) The APRN may apply for licensure in advance of a change in primary state of
residence.
(b) A multistate APRN license shall not be issued by the new home state until the
APRN 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 APRN license from
the new home state.
(4) When an APRN changes primary state of residence by moving from a party state to
a non-party state, the APRN 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
(1) In addition to the other powers conferred by state law, a licensing board shall have
the authority to:
(a) Take adverse action against an APRN's multistate licensure privilege to practice
within that party state.
(i) Only the home state shall have the power to impose adverse action against the
APRN license issued by the home state.
(ii) For purposes of imposing adverse action, the home state licensing board shall give
the same priority and effect to reported conduct that occurred outside the home state as it
would if that conduct had occurred within the home state. In so doing, it shall apply its own
state laws to determine appropriate action.
(b) Issue cease and desist orders or impose an encumbrance on an APRN's authority to
practice within that party state.
(c) Complete any pending investigations of an APRN 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.
(d) Issue subpoenas for both hearings and investigations that require the attendance and
testimony of witnesses, as well as, the production of evidence in accordance with the
following:
(i) Subpoenas issued by a party state licensing board for the attendance and testimony
of witnesses, and/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 court's practice and
procedure in considering subpoenas issued in its own proceedings.
(ii) The issuing licensing board shall pay any witness fees, travel expenses, mileage,
and other fees required by the service statutes of the state in which the witnesses and/or
evidence are located;
(e) Obtain and submit, for an APRN licensure applicant, fingerprints 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 decision.
(f) If otherwise permitted by state law, recover from the affected APRN the costs of
investigations and disposition of cases resulting from any adverse action taken against that
APRN.
(g) Take adverse action based on the factual findings of another party state, provided
that the licensing board follows its own procedures for taking such adverse action.
(2) (a) If adverse action is taken by a home state against an APRN's multistate
licensure, the privilege to practice in all other party states under a multistate licensure privilege
shall be deactivated until all encumbrances have been removed from the APRN's multistate
license.
(b) All home state disciplinary orders that impose adverse action against an APRN's
multistate license shall include a statement that the APRN's multistate licensure privilege is
deactivated in all party states during the pendency of the order.
(3) (a) 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.
(b) The home state licensing board shall deactivate the multistate licensure privilege
under the multistate license of any APRN for the duration of the APRN's participation in an
alternative program.
ARTICLE VI
Coordinated Licensure Information System and Exchange of Information
(1) All party states shall participate in a coordinated licensure information system of all
APRNs, licensed registered nurses and licensed practical/vocational nurses. This system will
include information on the licensure and disciplinary history of each APRN, as submitted by
party states, to assist in the coordinated administration of APRN licensure enforcement efforts.
(2) 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.
(3) All licensing boards shall promptly report to the coordinated licensure information
system any adverse action, any current significant investigative information, denials of
applications (reason for such denials) and APRN participation in alternative programs known
to the licensing board regardless of whether such participation is deemed nonpublic and/or
confidential under state law.
(4) Notwithstanding any other provision of law, all party states' 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.
(5) 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.
(6) 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.
(7) 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:
(a) identifying information;
(b) licensure data;
(c) information related to alternative program participation information; and
(d) other information that may facilitate the administration of this Compact, as
determined by Commission rules.
(8) 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 APRN Compact Administrators
(1) The party states hereby create and establish a joint public agency known as the
Interstate Commission of APRN Compact Administrators.
(a) The Commission is an instrumentality of the party states.
(b) 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.
(c) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
(2) Membership, Voting and Meetings
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
(3) 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:
(a) establishing the fiscal year of the Commission;
(b) 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.
(c) (i) 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.
(ii) The Commission may meet in closed session only after a majority of the
administrators vote to close a meeting in whole or in part.
(iii) 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;
(d) Establishing the titles, duties and authority and reasonable procedures for the
election of the officers of the Commission;
(e) (i) Providing reasonable standards and procedures for the establishment of the
personnel policies and programs of the Commission.
(ii) 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;
(f) 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 and/or reserving of all of its debts and obligations;
(4) The Commission shall publish its bylaws and rules, and any amendments thereto, in
a convenient form on the website of the Commission;
(5) The Commission shall maintain its financial records in accordance with the bylaws;
(6) The Commission shall meet and take such actions as are consistent with the
provisions of this Compact and the bylaws.
(7) The Commission shall have the following powers:
(a) 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;
(b) 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;
(c) to purchase and maintain insurance and bonds;
(d) to borrow, accept or contract for services of personnel, including but not limited to
employees of a party state or nonprofit organizations;
(e) 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;
(f) 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;
(g) 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 strive to avoid any appearance of impropriety and/or conflict
of interest;
(h) 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 strive to avoid any appearance of impropriety;
(i) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of
any property, whether real, personal or mixed;
(j) to establish a budget and make expenditures;
(k) to borrow money;
(l) 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;
(m) to issue advisory opinions;
(n) to provide and receive information from, and to cooperate with, law enforcement
agencies;
(o) to adopt and use an official seal; and
(p) to perform such other functions as may be necessary or appropriate to achieve the
purposes of this Compact, consistent with the state regulation of APRN licensure and practice.
(8) Financing of the Commission
(a) The Commission shall pay, or provide for the payment of, the reasonable expenses
of its establishment, organization, and ongoing activities.
(b) (i) 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.
(ii) 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.
(c) 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.
(d) 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.
(9) Qualified Immunity, Defense, and Indemnification
(a) 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 and/or liability for any
damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that
person.
(b) 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.
(c) 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
(1) 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.
(2) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the Commission.
(3) 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:
(a) on the website of the Commission; and
(b) on the website of each licensing board or the publication in which each state would
otherwise publish proposed rules.
(4) The notice of proposed rulemaking shall include:
(a) the proposed time, date and location of the meeting in which the rule will be
considered and voted upon;
(b) the text of the proposed rule or amendment, and the reason for the proposed rule;
(c) a request for comments on the proposed rule from any interested person; and
(d) the manner in which interested persons may submit notice to the Commission of
their intention to attend the public hearing and any written comments.
(5) 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.
(6) The Commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment.
(7) The Commission shall publish the place, time, and date of the scheduled public
hearing.
(a) (i) 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.
(ii) All hearings will be recorded, and a copy will be made available upon request.
(b) 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.
(8) If no one appears at the public hearing, the Commission may proceed with
promulgation of the proposed rule.
(9) 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.
(10) 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.
(11) 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:
(a) meet an imminent threat to public health, safety or welfare;
(b) prevent a loss of Commission or party state funds; or
(c) meet a deadline for the promulgation of an administrative rule that is established by
federal law or rule.
(12) 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
(1) Oversight
(a) Each party state shall enforce this Compact and take all actions necessary and
appropriate to effectuate this Compact's purposes and intent.
(b) 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 to the Commission shall render a judgment or order void as to the Commission, this
Compact or promulgated rules.
(2) Default, Technical Assistance and Termination
(a) 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 and/or any other action to be taken by the
Commission; and
(ii) provide remedial training and specific technical assistance regarding the default.
(b) (i) 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.
(ii) A cure of the default does not relieve the offending state of obligations or liabilities
incurred during the period of default.
(c) (i) Termination of membership in this Compact shall be imposed only after all other
means of securing compliance have been exhausted.
(ii) 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, the defaulting state's licensing board, and each of the party states.
(d) 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.
(e) 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.
(f) (i) The defaulting state may appeal the action of the Commission by petitioning the
United States District Court for the District of Columbia or the federal district in which the
Commission has its principal offices.
(ii) The prevailing party shall be awarded all costs of such litigation, including
reasonable attorneys' fees.
(3) Dispute Resolution
(a) Upon request by a party state, the Commission shall attempt to resolve disputes
related to the Compact that arises among party states and between party and non-party states.
(b) The Commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate.
(c) In the event the Commission cannot resolve disputes among party states arising
under this Compact:
(i) The party states may submit the issues in dispute to an arbitration panel, which will
be composed of individuals appointed by the Compact administrator in each of the affected
party states and an individual mutually agreed upon by the Compact administrators of all the
party states involved in the dispute.
(ii) The decision of a majority of the arbitrators shall be final and binding.
(4) Enforcement
(a) The Commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this Compact.
(b) By majority vote, the Commission may initiate legal action in the United States
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.
(c) 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
(1) This Compact shall come into limited effect at such time as this Compact has been
enacted into law in seven (7) party states for the sole purpose of establishing and convening the
Commission to adopt rules relating to its operation.
(2) Any state that joins this Compact subsequent to the Commission's initial adoption
of the APRN uniform licensure requirements shall be subject to all rules that have been
previously adopted by the Commission.
(3) (a) Any party state may withdraw from this Compact by enacting a statute repealing
the same.
(b) A party state's withdrawal shall not take effect until six (6) months after enactment
of the repealing statute.
(4) 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.
(5) Nothing contained in this Compact shall be construed to invalidate or prevent any
APRN licensure agreement or other cooperative arrangement between a party state and a
non-party state that does not conflict with the provisions of this Compact.
(6) This Compact may be amended by the party states. No amendment to this Compact
shall become effective and binding upon any party state until it is enacted into the laws of all
party states.
(7) 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 
58-31d-102
 is repealed and reenacted to read:
 58-31d-102.
Division rulemaking.
(1) The division shall make rules in accordance with Title 63G, Chapter 3,
Administrative Rulemaking Act, to implement Section 
58-31d-101
.
(2) For purposes of Section 
58-31d-101
, "role" as defined in Article II(17) includes an
individual who is:
(a) licensed to practice under Subsection 
58-31b-301
(2)(d) or (e); or
(b) licensed to practice under Section 
58-44a-301
.
(4) Notwithstanding any provision in Section 
58-31d-101
, Section 
58-31d-101
 does not
supersede state law related to an individual's scope of practice under this title.
(5) Once the compact comes into effect as described in Section 
58-31d-101
, Article
X(1), the division shall provide a notice that the compact is in effect:
(a) to an individual licensed under:
(i) Subsection 
58-31b-201
(2)(d) or (e);
(ii) Section 
58-44a-301
; and
(b) to the Health and Human Services Interim Committee; and
(c) on the division's website with information for potential applicants.
Section 4. Section 
58-44a-302
 is amended to read:
58-44a-302.
Qualifications for licensure.
(1) An applicant for licensure as a nurse midwife shall:
(a) submit an application in a form as prescribed by the division;
(b) pay a fee as determined by the department under Section 
63J-1-504
;
(c) be of good moral character;
(d) at the time of application for licensure hold a license in good standing as a
registered nurse in Utah, or be at that time qualified for a license as a registered nurse under
Title 58, Chapter 31b, Nurse Practice Act;
(e) have completed:
(i) a certified nurse midwifery education program accredited by the Accreditation
Commission for Midwifery Education and approved by the division; or
(ii) a nurse midwifery education program located outside of the United States which is
approved by the division and is equivalent to a program accredited by the Accreditation
Commission for Midwifery Education, as demonstrated by a graduate's being accepted to sit for
the national certifying examination administered by the Accreditation Commission for
Midwifery Education or its designee; [
and
]
(f) have passed examinations established by the division rule in collaboration with the
board within two years after completion of the approved education program required under
Subsection (1)(e)[
.
]
; and
(g) complete and pass a criminal background check in accordance with Section
58-44a-302.1
.
(2) For purposes of Subsection (1)(e), as of January 1, 2010, [
the accredited education
program or it's equivalent must grant a graduate degree, including post-master's certificate, in
nurse midwifery
] 
an applicant shall have completed a graduate degree, including post-master's
certificate, in nurse midwifery from the accredited education program or the accredited
education program's equivalent
.
Section 5. Section 
58-44a-302.1
 is enacted to read:
 58-44a-302.1.
Background checks.
(1) An applicant for licensure under this chapter shall:
(a) submit fingerprint cards in a form acceptable to the division at the time the license
application is filed; and
(b) consent to a fingerprint background check conducted by the Bureau of Criminal
Identification and the Federal Bureau of Investigation regarding the application.
(2) The division shall:
(a) in addition to other fees authorized by this chapter, collect from each applicant
submitting fingerprints in accordance with this section:
(i) the fee that the Bureau of Criminal Identification is authorized to collect for the
services provided under Section 
53-10-108
; and
(ii) the fee charged by the Federal Bureau of Investigation for fingerprint processing for
the purpose of obtaining federal criminal history record information;
(b) submit from each applicant the fingerprint card and the fees described in
Subsection (2)(a) to the Bureau of Criminal Identification; and
(c) obtain and retain in division records a signed waiver approved by the Bureau of
Criminal Identification in accordance with Section 
53-10-108
 for each applicant.
(3) The Bureau of Criminal Identification shall, in accordance with the requirements of
Section 
53-10-108
:
(a) check the fingerprints submitted under Subsection (2)(b) against the applicable state
and regional criminal records databases;
(b) forward the fingerprints to the Federal Bureau of Investigation for a national
criminal history background check; and
(c) provide the results from the state, regional, and nationwide criminal history
background checks to the division.
(4) For purposes of conducting a criminal background check required under this
section, the division shall have direct access to criminal background information maintained
under Title 53, Chapter 10, Part 2, Bureau of Criminal Identification.
(5) Except for information provided to the applicant, the division may not disseminate
outside of the division any criminal history record information that the division obtains from
the Bureau of Criminal Identification or the Federal Bureau of Investigation under the criminal
background check requirements of this section.
(6) (a) A new nurse midwife license issued under Section 
58-44a-302
 is conditional
pending completion of the criminal background check.
(b) Notwithstanding Title 63G, Chapter 4, Administrative Procedures Act, if the
criminal background check required in Subsection 
58-44a-302
(1) demonstrates the applicant
has failed to accurately disclose a criminal history, the license is immediately and automatically
revoked upon notice to the licensee by the division.
(c) An individual's whose conditional license has been revoked under Subsection (6)(b)
is entitled to a postrevocation hearing to challenge the revocation.
(d) The division shall conduct a postrevocation hearing in accordance with Title 63G,
Chapter 4, Administrative Procedures Act.
(7) The division may not authorize the practice of the licensee under Chapter 31d,
Advanced Practice Registered Nurse Compact, until the criminal background check described
in this section is completed.
Section 6. 
Repealer.
This bill repeals:
Section 
58-31d-103
,
Rulemaking authority -- Enabling provisions.