Mass. Gen. Laws ch. 112A, sec. 6 — MA Code / Part I / Title XVI / Chapter 112A / Section 6
Interstate Commission of Nurse Licensure Compact Administrators
Status: in_force

Section 6. (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators which shall be an instrumentality of the party states. Venue is proper and judicial proceedings by or against the interstate commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the interstate commission is located; provided, however, that the interstate commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings. Nothing in this compact shall be construed to be a waiver of sovereign immunity. (b)(1) Each party state shall have only 1 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 interstate 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 1 vote with regard to the promulgation of rules and creation of by-laws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the by-laws. The by-laws may provide for an administrator's participation in meetings by telephone or other means of communication. (3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the by-laws or rules of the interstate 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 any rules promulgated under section 7. (5) The interstate commission may convene in a closed, nonpublic meeting if the subject of the meeting before the interstate commission is in regard to: (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 interstate 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 interstate 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 section, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or on order of a court of competent jurisdiction. (c) The interstate commission shall, by a majority vote of the administrators, prescribe by-laws 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: (i) establishing the fiscal year of the interstate commission; (ii) providing reasonable standards and procedures for: (A) the establishment and meetings of other committees; and (B) governing any general or specific delegation of any authority or function of the interstate commission; (iii) providing reasonable procedures for calling and conducting meetings of the interstate commission with reasonable advance notice of all meetings and providing an opportunity for attendance at 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; provided, however, that the interstate 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 interstate commission shall make public a copy of the vote to close the meeting, revealing the vote of each administrator, with no proxy votes allowed; (iv) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission; (v) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission; provided, however, that notwithstanding any civil service or other similar laws of any party state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission; and (vi) providing a mechanism for winding up the operations of the interstate 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 interstate commission shall publish its by-laws and rules and any amendments thereto in a convenient form on its website. (e) The interstate commission shall maintain its financial records in accordance with the by-laws. (f) The interstate commission shall meet and take such actions as are consistent with this compact and the by-laws. (g) The interstate commission may: (i) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact; provided, however, that such rules shall have the force and effect of law and shall be binding in all party states; (ii) bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; (iii) purchase and maintain insurance and bonds; (iv) borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations; (v) 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; (vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the interstate commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; (vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, materials and services and receive, utilize and dispose of the same; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest; (viii) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest; (ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; (x) establish a budget and make expenditures; (xi) borrow money; (xii) appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives and consumer representatives and other such interested persons; (xiii) provide and receive information from, and to cooperate with, law enforcement agencies; (xiv) adopt and use an official seal; and (xv) 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)(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. (2) The interstate commission may 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 interstate commission, by regulations which shall be binding upon all party states. (3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission shall not pledge the credit of any of the party states, except by and with the authority of such party state. (4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established in its by-laws. All receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the interstate commission. (i)(1) The administrators, officers, executive director, employees and representatives of the interstate 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 that any such actual or alleged act, error or omission had occurred, within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph shall provide immunity to any such person for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of such person. (2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate 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 interstate commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing any such actual or alleged act, error or omission had occurred within the scope of interstate commission employment, duties or responsibilities and the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from retaining counsel at such person's own expense. (3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate 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 interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate 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.

Section 6. (a) The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators which shall be an instrumentality of the party states.

Venue is proper and judicial proceedings by or against the interstate commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the interstate commission is located; provided, however, that the interstate commission may waive venue and jurisdictional defenses to the extent that it adopts or consents to participate in alternative dispute resolution proceedings.

Nothing in this compact shall be construed to be a waiver of sovereign immunity.

(b)(1) Each party state shall have only 1 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 interstate 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 1 vote with regard to the promulgation of rules and creation of by-laws and shall otherwise have an opportunity to participate in the business and affairs of the interstate commission. An administrator shall vote in person or by such other means as provided in the by-laws. The by-laws may provide for an administrator's participation in meetings by telephone or other means of communication.

(3) The interstate commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the by-laws or rules of the interstate 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 any rules promulgated under section 7.

(5) The interstate commission may convene in a closed, nonpublic meeting if the subject of the meeting before the interstate commission is in regard to:

(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 interstate 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 interstate 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 section, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the interstate commission or on order of a court of competent jurisdiction.

(c) The interstate commission shall, by a majority vote of the administrators, prescribe by-laws 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:

(i) establishing the fiscal year of the interstate commission;

(ii) providing reasonable standards and procedures for:

(A) the establishment and meetings of other committees; and

(B) governing any general or specific delegation of any authority or function of the interstate commission;

(iii) providing reasonable procedures for calling and conducting meetings of the interstate commission with reasonable advance notice of all meetings and providing an opportunity for attendance at 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; provided, however, that the interstate 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 interstate commission shall make public a copy of the vote to close the meeting, revealing the vote of each administrator, with no proxy votes allowed;

(iv) establishing the titles, duties and authority and reasonable procedures for the election of the officers of the interstate commission;

(v) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission; provided, however, that notwithstanding any civil service or other similar laws of any party state, the by-laws shall exclusively govern the personnel policies and programs of the interstate commission; and

(vi) providing a mechanism for winding up the operations of the interstate 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 interstate commission shall publish its by-laws and rules and any amendments thereto in a convenient form on its website.

(e) The interstate commission shall maintain its financial records in accordance with the by-laws.

(f) The interstate commission shall meet and take such actions as are consistent with this compact and the by-laws.

(g) The interstate commission may:

(i) promulgate uniform rules to facilitate and coordinate implementation and administration of this compact; provided, however, that such rules shall have the force and effect of law and shall be binding in all party states;

(ii) bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;

(iii) purchase and maintain insurance and bonds;

(iv) borrow, accept or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;

(v) 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;

(vi) hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact and establish the interstate commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;

(vii) accept all appropriate donations, grants and gifts of money, equipment, supplies, materials and services and receive, utilize and dispose of the same; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest;

(viii) lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve or use, any property, whether real, personal or mixed; provided, however, that the interstate commission shall avoid any appearance of impropriety or conflict of interest;

(ix) sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;

(x) establish a budget and make expenditures;

(xi) borrow money;

(xii) appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives and consumer representatives and other such interested persons;

(xiii) provide and receive information from, and to cooperate with, law enforcement agencies;

(xiv) adopt and use an official seal; and

(xv) 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)(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The interstate commission may 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 interstate commission, by regulations which shall be binding upon all party states.

(3) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same. The interstate commission shall not pledge the credit of any of the party states, except by and with the authority of such party state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established in its by-laws. All receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the interstate commission.

(i)(1) The administrators, officers, executive director, employees and representatives of the interstate 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 that any such actual or alleged act, error or omission had occurred, within the scope of interstate commission employment, duties or responsibilities. Nothing in this paragraph shall provide immunity to any such person for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of such person.

(2) The interstate commission shall defend any administrator, officer, executive director, employee or representative of the interstate 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 interstate commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing any such actual or alleged act, error or omission had occurred within the scope of interstate commission employment, duties or responsibilities and the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. Nothing herein shall prohibit any such person from retaining counsel at such person's own expense.

(3) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the interstate 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 interstate commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate 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.