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View NCGA Bill Details2017-2018 Session
House Bill 338 (Public) Filed Tuesday, March 14, 2017
Intro. by Szoka, Adcock, Boswell, Williams.

Status: Ref to the Com on Health, if favorable, Finance (House Action) (Mar 15 2017)

SOG comments (2):

Identical Bill

Identical to S 362 filed on 3/22/17.

Identical bill

Identical to H 550, filed 4/4/17.

Bill History:

H 338

Bill Summaries:

  • Summary date: Mar 14 2017 - View Summary

    Repeals GS 90­171.80 through GS 90­171.94 (Nurse Licensure Compact).

    Enacts new GS 90­171.95 through GS 90­171.95J, as described below.

    Specifies legislative findings and the purposes of the nurse licensure compact.

    Defines several terms, including alternative program (nondisciplinary monitoring program approved by a licensing board), coordinated licensure information system (CLIS) (integrated process for collecting, storing, and sharing information on nurse licensure and related enforcement activities, administered by a nonprofit organization composed of and controlled by licensing boards), home state (party state which is the nurse's primary state of residence), and party state (any state that has adopted the Compact).

    Provides that a multistate license to practice registered or licensed practical/vocational nursing issued by a home state to its resident will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or licensed practical/vocational nurse (LPN/VN) under a multistate licensure privilege. Requires states to implement specified procedures for considering the criminal records of applicants for initial multistate license. Specifies 11 requirements for an applicant to obtain or retain a multistate licensure privilege, including educational and criminal record requirements. Authorizes all party states to take adverse action against a nurse's multistate licensure privilege, and directs states who take such action to promptly notify the administrator of the CLIS. Directs the administrator to promptly notify the home state of any adverse actions by remote states. Requires nurses practicing in a party state to comply with the nursing practice laws of the state where the client is located, and subjects a nurse practicing in a party state under a multistate licensure privilege to the jurisdiction of that state's licensing board, courts, and laws. The Compact does not affect the requirements established by a party state for the issuance of a single­state license. Provides that any nurse holding a home state multistate license, on the effective date of this Compact, may retain and renew the license issued by the nurse's then­current home state, so long as a nurse who changes primary state of residence after the Compact's effective date meets the licensure requirements to obtain a multistate license from a new state, and a nurse whose failure to satisfy the licensure requirements due to a disqualifying event occurring after this Compact's effective date is ineligible to retain or renew a multistate license.

    Directs the licensing board in a party state to ascertain, through the CLIS, whether an applicant for a multistate license has ever held a license issued by any other state, whether there are any encumbrances on or adverse actions against a license held by the applicant, and whether the applicant is participating in an alternative program. Directs that a nurse may only hold a multistate license in one party state at a time. Requires a nurse who changes primary state of residence to apply for licensure in the new home state. Authorizes nurses to apply for licensure in advance of a change in primary state of residence, and directs that the new home state not issue a license until the nurse provides satisfactory evidence of a change in primary state of residence and satisfies all applicable multistate license requirements. If a nurse moves from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single­state license, only valid in the former home state.

    Authorizes a licensing board to take adverse action against a nurse's multistate licensure privilege to practice within a party state, to issue cease and desist orders on a nurse's authority to practice within that state, to complete pending investigations of a nurse who changes primary state of residence during the course of an investigation, to issue subpoenas, to obtain and submit fingerprint or other biometric information to the Federal Bureau of Investigation for criminal background checks, to recover from affected nurses the costs of investigations and disposition of cases resulting from adverse actions against that nurse as allowed by state law, and to take adverse action based on the factual findings of a remote state. Provides that adverse actions taken by a home state against a multistate license deactivates the multistate licensure privilege in all other party states. Directs that a home state licensing board must deactivate a multistate licensure privilege for a nurse participating in an alternative program, for the duration of the nurse's participation in the program.

    Directs all party states to participate in a CLIS. Directs the Interstate Commission of Nurse Licensure Compact Administrators (Commission) to formulate necessary and proper procedures for the identification, collection, and exchange of information under this Compact. Directs licensing boards to promptly report to the CLIS any adverse action, current significant investigative information, application denials, and participation in alternative programs known to the licensing board. Provides that certain information in the CLIS may be transmitted only to party state licensing boards, and may not be shared with nonparty states or disclosed to other entities, and provides for the expungement of information in the CLIS consistent with state laws. Directs the Compact administrator of each party state to furnish a specified uniform data set to the Compact administrator of each other party state, as well as all investigative documents requested by another party state.

    Establishes the Commission. Directs that each party state has one administrator (the head of the state licensing board or designee), entitled to one vote with regard to the promulgation of rules and creation of bylaws. Directs that the commission meets at least once during each calendar year, with additional meetings held consistent with the Commission's rules and bylaws. Meetings are open and public, and require public notice. Authorizes the Commission to meet in a closed, nonpublic meeting to discuss any of ten specified topics, including the noncompliance of a party state with its Compact obligations, and employment matters. Directs the Commission to keep minutes of a closed meeting, and to provide a summary of actions taken, and the reasons therefor, including a description of the views expressed, to be kept under seal subject to release by a majority vote of the Commission or court order. Directs the Commission to prescribe bylaws and rules to govern its conduct, including the establishment of the Commission's fiscal years, procedures for calling and conducting meetings, and other topics. Directs the Commission to publish its bylaws and rules on its website. Directs the Commission to maintain its financial records, and to meet and take actions consistent with the Compact and its bylaws. Delegates fifteen powers to the Commission, including the power to adopt rules to facilitate the administration of the Compact, having the force of binding law on all party states, to bring and prosecute legal proceedings in its name, and to borrow money. Directs the Commission to pay for the reasonable expenses of its establishment, organization, and activities. Authorizes the Commission to levy and collect annual assessments from party states to cover the costs of its operations. Directs the Commission not to incur obligations prior to securing the funds adequate to meet them. Directs the Commission to keep accurate accounts of all receipts and disbursements, subject to annual audit. Provides that the administrators, officers, executive director, employees, and representatives of the Commission are immune from suit and liability for any claim arising within the scope of Commission employment, duties, or responsibilities, except for intentional, willful, or wanton misconduct, and directs the Commission to defend against any such suit against its administrators and so forth and to indemnify and hold harmless any such administrator and so forth for the amount of any settlement or judgment obtained against that person arising from the scope of their Commission employment, duties, or responsibilities.

    Directs the Commission to exercise its rule­making powers subject to the criteria set forth in this Article and the rules adopted thereunder. Directs that rules have the same force and effect as provisions of this Compact. Directs that rules or amendments are to be adopted at regular or special meetings of the Commission. Requires 60 days' notice of the promulgation and adoption of a final rule by the Commission, including the time, date, and location of the meeting at which the rule will be considered and voted upon, the text of and reason for the proposed rule, a request for comments, and the manner of submitting comments. Directs Commission to allow the public to submit written data, facts, opinions, and arguments, and to hold a public hearing prior to adopting a rule, as specified. Directs the Commission to consider all written and oral comments received, and to take final action on the proposed rule by majority vote of all administrators. Allows the consideration and adoption of an emergency rule without prior notice, opportunity for comment, or hearing, so long as the usual rule­making procedures described above are retroactively applied to the rule as soon as reasonably possible, and no later than 90 days after the effective date of the rule. Defines  emergency rules  as those that must be adopted to meet an immediate threat to public health, safety, or welfare, to prevent a loss of Commission or party state funds, or to meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. Authorizes the Commission to direct technical revisions to a previously adopted rule, subject to posting on the Commission's website, and challenge by any person within 30 days of posting, as specified.

    Directs each party state to enforce and effectuate the Compact. Authorizes the Commission to receive service of process and have standing in any proceeding that may affect the powers, responsibilities, or actions of the Commission. Directs the Commission to provide written notice to any state that defaults on its Compact obligations of the nature of the default, the proposed means of curing the default, and any other Commission actions, and to provide remedial training and assistance regarding the default. Directs that a state that fails to cure a default may be terminated from membership in the Compact by a majority vote of the administrators. Termination shall only be imposed after all other means of securing compliance have been exhausted, and requires notice of intent to terminate to be given to the governor of the defaulting state, the executive officer of the defaulting state's licensing board, and each of the party states. Holds a terminated state responsible for all assessments, obligations, and liabilities incurred through the effective date of termination. Directs that the Commission does not bear any costs related to a state found to be in default, except as agreed upon in writing. Authorizes appeal by the defaulting state to the US District Court for the District of Columbia, or the federal district in which the Commission has its principal offices. Authorizes attorneys' fees for the prevailing party. Directs Commission to attempt to resolve disputes between party states related to the compact, and between party states and nonparty states. Directs Commission to promulgate a rule providing for mediation and binding dispute resolution. Authorizes party states to submit issues unresolvable by the Commission to an arbitration panel, 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 disputes, to be resolved by a decision of a majority of the arbitrators. Directs the Commission to enforce the provisions and rules of the Compact. Authorizes the Commission to initiate legal action in the US District Court for the District of Columbia, or the district in which the Commission has its principal offices against a party state in default to enforce compliance.

    Directs that the Compact is effective and binding on the date that 26 or more states enact the Compact, or December 31, 2018, whichever is earlier. Directs that all party states that were also party states to the prior Nurse Licensure Compact are deemed to have withdrawn from that prior compact within six months after the effective date of this compact. Directs each party state to continue to recognize a nurse's multistate licensure privilege to practice in that party state under the prior compact, until the party state has withdrawn from the prior compact. Authorizes party states to withdraw from the Compact by legislatively repealing it. Legislative repeal may not take effect until six months after enactment of the repealing statute. Withdrawal does not affect the state's licensing board's continuing requirement to report adverse actions and investigations prior to the effective date of the withdrawal. The Compact does not invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this Compact. Authorizes amendments to the Compact, but prevents amendments to the Compact from taking effect until enacted by all party states.

    Contains liberal construction and severability clauses.

    Directs the North Carolina Board of Nursing to report to the Revisor of Statutes when the Compact has been enacted by 26 member states.

    Effective upon the earlier of when at least 26 states have enacted the Compact, or December 31, 2018.