Tenn. Code Ann. § 63-7-402 — TN Code / Title 63 / Chapter 7 / Section 63-7-402
Enactment - Text of compact
Status: in_force

The Nurse Licensure Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows: THE NURSE LICENSURE COMPACT Article I. Findings and Declaration of Purpose a. The party states find that: 1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; 2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; 3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation; 4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; 5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and 6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits. b. The general purposes of this compact are to: 1. Facilitate the states' responsibility to protect the public's health and safety; 2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; 3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions; 4. Promote compliance with the laws governing the practice of nursing in each jurisdiction; 5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses; 6. Decrease redundancies in the consideration and issuance of nurse licenses; and 7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements. Article II. Definitions As used in this compact: a. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. b. "Alternative program" means a non-disciplinary monitoring program approved by a licensing board. c. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. d. "Current significant investigative information" means: 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. f. "Home state" means the party state which is the nurse's primary state of residence. g. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses. h. "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. i. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state. j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws. k. "Party state" means any state that has adopted this compact. l. "Remote state" means a party state, other than the home state. m. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. n. "State" means a state, territory or possession of the United States and the District of Columbia. o. "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state. Article III. General Provisions and Jurisdiction a. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state. b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state: 1. Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws; 2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; 3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; 4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable; 5. Is eligible for or holds an active, unencumbered license; 6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; 7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; 8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; 9. Is not currently enrolled in an alternative program; 10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and 11. Has a valid United States Social Security number. d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states. e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. f. Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license. g. Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that: 1. A nurse, who changes primary state of residence after this compact's effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state. 2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ("Commission"). Article IV. Applications for Licensure in a Party State a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program. b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time. c. If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission. 1. The nurse may apply for licensure in advance of a change in primary state of residence. 2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state. d. If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state. Article V. Additional Authorities Invested in Party State Licensing Boards a. In addition to the other powers conferred by state law, a licensing board shall have the authority to: 1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state. i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state. ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. 2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. 3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. 4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. 6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. 7. Take adverse action based on the factual findings of the remote state provided that the licensing board follows its own procedures for taking such adverse action. b. If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. c. Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program. Article VI. Coordinated Licensure Information System and Exchange of Information a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. b. The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact. c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law. d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards. e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state. f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information. g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system. h. The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum: 1. Identifying information; 2. Licensure data; 3. Information related to alternative program participation; and 4. Other information that may facilitate the administration of this compact, as determined by Commission rules. i. The Compact administrator of a party state shall provide all investigative documents and information requested by another party state. Article VII. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators a. The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. 1. The Commission is an instrumentality of the party states. 2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity. b. Membership, Voting and Meetings 1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists. 2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. 3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission. 4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII. 5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: i. Noncompliance of a party state with its obligations under this compact; ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; iii. Current, threatened or reasonably anticipated litigation; iv. Negotiation of contracts for the purchase or sale of goods, services or real estate; v. Accusing any person of a crime or formally censuring any person; vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; viii. Disclosure of investigatory records compiled for law enforcement purposes; ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this compact; or x. Matters specifically exempted from disclosure by federal or state statute. 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 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 Commission or order of a court of competent jurisdiction. c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: i. For the establishment and meetings of other committees; and ii. Governing any general or specific delegation of any authority or function of the Commission; 3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and 6. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations; d. The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission. e. The Commission shall maintain its financial records in accordance with the bylaws. f. The Commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. g. The Commission shall have the following powers: 1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; 5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; 6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; 7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; 9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; 10. To establish a budget and make expenditures; 11. To borrow money; 12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; 13. To provide and receive information from, and to cooperate with, law enforcement agencies; 14. To adopt and use an official seal; and 15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice. h. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. 2. The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states. 3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state. 4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. i. Qualified Immunity, Defense and Indemnification 1. The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. 2. The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person. Article VIII. Rulemaking a. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact. b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking: 1. On the website of the Commission; and 2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules. d. The notice of proposed rulemaking shall include: 1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon; 2. The text of the proposed rule or amendment, and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. f. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment. g. The Commission shall publish the place, time and date of the scheduled public hearing. 1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request. 2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. h. If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule. i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. j. The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. k. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety or welfare; 2. Prevent a loss of Commission or party state funds; or 3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. l. The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission. Article IX. Oversight, Dispute Resolution and Enforcement a. Oversight 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. 2. The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this compact or promulgated rules. b. Default, Technical Assistance and Termination 1. If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall: i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and ii. Provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. 3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. 4. A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. c. Dispute Resolution 1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party states. 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. 3. In the event the Commission cannot resolve disputes among party states arising under this compact: i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute. ii. The decision of a majority of the arbitrators shall be final and binding. d. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. Article X. Effective Date, Withdrawal and Amendment a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure Compact, superseded by this compact, ("Prior compact"), shall be deemed to have withdrawn from said Prior compact within six (6) months after the effective date of this compact. b. Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior compact until such party state has withdrawn from the Prior compact. c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute. d. A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination. e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact. f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states. g. Representatives of non-party states to this compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this compact by all states. Article XI. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters. Added by 2016 Tenn. Acts, ch. 591, s 1, eff. 3/10/2016.
The Nurse Licensure Compact is enacted into law and entered into by this state with all states legally joining the compact and in the form substantially as follows:
THE NURSE LICENSURE COMPACT
Article I. Findings and Declaration of Purpose a. The party states find that: 1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; 2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; 3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation; 4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; 5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and 6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits. b. The general purposes of this compact are to: 1. Facilitate the states' responsibility to protect the public's health and safety; 2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; 3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions; 4. Promote compliance with the laws governing the practice of nursing in each jurisdiction; 5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses; 6. Decrease redundancies in the consideration and issuance of nurse licenses; and 7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
a. The party states find that: 1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws; 2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public; 3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation; 4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex; 5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and 6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
1. The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
2. Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
3. The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
4. New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
5. The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
6. Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
b. The general purposes of this compact are to: 1. Facilitate the states' responsibility to protect the public's health and safety; 2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation; 3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions; 4. Promote compliance with the laws governing the practice of nursing in each jurisdiction; 5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses; 6. Decrease redundancies in the consideration and issuance of nurse licenses; and 7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
1. Facilitate the states' responsibility to protect the public's health and safety;
2. Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
3. Facilitate the exchange of information between party states in the areas of nurse regulation, investigation and adverse actions;
4. Promote compliance with the laws governing the practice of nursing in each jurisdiction;
5. Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
6. Decrease redundancies in the consideration and issuance of nurse licenses; and
7. Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
Article II. Definitions As used in this compact: a. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. b. "Alternative program" means a non-disciplinary monitoring program approved by a licensing board. c. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. d. "Current significant investigative information" means: 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. f. "Home state" means the party state which is the nurse's primary state of residence. g. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses. h. "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. i. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state. j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws. k. "Party state" means any state that has adopted this compact. l. "Remote state" means a party state, other than the home state. m. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. n. "State" means a state, territory or possession of the United States and the District of Columbia. o. "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
As used in this compact:
a. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
b. "Alternative program" means a non-disciplinary monitoring program approved by a licensing board.
c. "Coordinated licensure information system" means an integrated process for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
d. "Current significant investigative information" means: 1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or 2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
1. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
2. Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
e. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
f. "Home state" means the party state which is the nurse's primary state of residence.
g. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
h. "Multistate license" means a license to practice as a registered or a licensed practical/vocational nurse (LPN/VN) issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
i. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse (RN) or LPN/VN in a remote state.
j. "Nurse" means RN or LPN/VN, as those terms are defined by each party state's practice laws.
k. "Party state" means any state that has adopted this compact.
l. "Remote state" means a party state, other than the home state.
m. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
n. "State" means a state, territory or possession of the United States and the District of Columbia.
o. "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. "State practice laws" do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
Article III. General Provisions and Jurisdiction a. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state. b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state: 1. Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws; 2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; 3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; 4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable; 5. Is eligible for or holds an active, unencumbered license; 6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; 7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; 8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; 9. Is not currently enrolled in an alternative program; 10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and 11. Has a valid United States Social Security number. d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states. e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. f. Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license. g. Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that: 1. A nurse, who changes primary state of residence after this compact's effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state. 2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ("Commission").
a. A multistate license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each party state.
b. A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.
c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state: 1. Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws; 2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program; 3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; 4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable; 5. Is eligible for or holds an active, unencumbered license; 6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; 7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; 8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; 9. Is not currently enrolled in an alternative program; 10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and 11. Has a valid United States Social Security number.
1. Meets the home state's qualifications for licensure or renewal of licensure, as well as, all other applicable state laws;
2. i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
i. Has graduated or is eligible to graduate from a licensing board-approved RN or LPN/VN prelicensure education program; or
ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that (a) has been approved by the authorized accrediting body in the applicable country and (b) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
3. Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening;
4. Has successfully passed an NCLEX-RN® or NCLEX-PN® Examination or recognized predecessor, as applicable;
5. Is eligible for or holds an active, unencumbered license;
6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records;
7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
9. Is not currently enrolled in an alternative program;
10. Is subject to self-disclosure requirements regarding current participation in an alternative program; and
11. Has a valid United States Social Security number.
d. All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
e. A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided.
f. Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
g. Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that: 1. A nurse, who changes primary state of residence after this compact's effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state. 2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ("Commission").
1. A nurse, who changes primary state of residence after this compact's effective date, must meet all applicable Article III.c. requirements to obtain a multistate license from a new home state.
2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c. due to a disqualifying event occurring after this compact's effective date shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the Interstate Commission of Nurse Licensure Compact Administrators ("Commission").
Article IV. Applications for Licensure in a Party State a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program. b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time. c. If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission. 1. The nurse may apply for licensure in advance of a change in primary state of residence. 2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state. d. If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
a. Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant and whether the applicant is currently participating in an alternative program.
b. A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
c. If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the Commission. 1. The nurse may apply for licensure in advance of a change in primary state of residence. 2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
1. The nurse may apply for licensure in advance of a change in primary state of residence.
2. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
d. If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
Article V. Additional Authorities Invested in Party State Licensing Boards a. In addition to the other powers conferred by state law, a licensing board shall have the authority to: 1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state. i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state. ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. 2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. 3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. 4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. 6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. 7. Take adverse action based on the factual findings of the remote state provided that the licensing board follows its own procedures for taking such adverse action. b. If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order. c. Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
a. In addition to the other powers conferred by state law, a licensing board shall have the authority to: 1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state. i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state. ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. 2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state. 3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions. 4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions. 6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse. 7. Take adverse action based on the factual findings of the remote state provided that the licensing board follows its own procedures for taking such adverse action.
1. Take adverse action against a nurse's multistate licensure privilege to practice within that party state. i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state. ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
i. Only the home state shall have the power to take adverse action against a nurse's license issued by the home state.
ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state.
3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located.
5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the Federal Bureau of Investigation for criminal background checks, receive the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.
6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.
7. Take adverse action based on the factual findings of the remote state provided that the licensing board follows its own procedures for taking such adverse action.
b. If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.
c. Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
Article VI. Coordinated Licensure Information System and Exchange of Information a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts. b. The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact. c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law. d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards. e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state. f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information. g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system. h. The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum: 1. Identifying information; 2. Licensure data; 3. Information related to alternative program participation; and 4. Other information that may facilitate the administration of this compact, as determined by Commission rules. i. The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
a. All party states shall participate in a coordinated licensure information system of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
b. The Commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection and exchange of information under this compact.
c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials) and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
d. Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
e. Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with non-party states or disclosed to other entities or individuals without the express permission of the contributing state.
f. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with non-party states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
g. Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
h. The Compact administrator of each party state shall furnish a uniform data set to the Compact administrator of each other party state, which shall include, at a minimum: 1. Identifying information; 2. Licensure data; 3. Information related to alternative program participation; and 4. Other information that may facilitate the administration of this compact, as determined by Commission rules.
1. Identifying information;
2. Licensure data;
3. Information related to alternative program participation; and
4. Other information that may facilitate the administration of this compact, as determined by Commission rules.
i. The Compact administrator of a party state shall provide all investigative documents and information requested by another party state.
Article VII. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators a. The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. 1. The Commission is an instrumentality of the party states. 2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity. b. Membership, Voting and Meetings 1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists. 2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. 3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission. 4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII. 5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: i. Noncompliance of a party state with its obligations under this compact; ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; iii. Current, threatened or reasonably anticipated litigation; iv. Negotiation of contracts for the purchase or sale of goods, services or real estate; v. Accusing any person of a crime or formally censuring any person; vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; viii. Disclosure of investigatory records compiled for law enforcement purposes; ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this compact; or x. Matters specifically exempted from disclosure by federal or state statute. 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 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 Commission or order of a court of competent jurisdiction. c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: i. For the establishment and meetings of other committees; and ii. Governing any general or specific delegation of any authority or function of the Commission; 3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and 6. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations; d. The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission. e. The Commission shall maintain its financial records in accordance with the bylaws. f. The Commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. g. The Commission shall have the following powers: 1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; 5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; 6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; 7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; 9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; 10. To establish a budget and make expenditures; 11. To borrow money; 12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; 13. To provide and receive information from, and to cooperate with, law enforcement agencies; 14. To adopt and use an official seal; and 15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice. h. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. 2. The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states. 3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state. 4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission. i. Qualified Immunity, Defense and Indemnification 1. The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. 2. The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
a. The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. 1. The Commission is an instrumentality of the party states. 2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
1. The Commission is an instrumentality of the party states.
2. Venue is proper, and judicial proceedings by or against the Commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
b. Membership, Voting and Meetings 1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists. 2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. 3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission. 4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII. 5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: i. Noncompliance of a party state with its obligations under this compact; ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; iii. Current, threatened or reasonably anticipated litigation; iv. Negotiation of contracts for the purchase or sale of goods, services or real estate; v. Accusing any person of a crime or formally censuring any person; vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; viii. Disclosure of investigatory records compiled for law enforcement purposes; ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this compact; or x. Matters specifically exempted from disclosure by federal or state statute. 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 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 Commission or order of a court of competent jurisdiction.
1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
2. Each administrator shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.
4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article VIII.
5. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: i. Noncompliance of a party state with its obligations under this compact; ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures; iii. Current, threatened or reasonably anticipated litigation; iv. Negotiation of contracts for the purchase or sale of goods, services or real estate; v. Accusing any person of a crime or formally censuring any person; vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential; vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; viii. Disclosure of investigatory records compiled for law enforcement purposes; ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this compact; or x. Matters specifically exempted from disclosure by federal or state statute.
i. Noncompliance of a party state with its obligations under this compact;
ii. The employment, compensation, discipline or other personnel matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;
iii. Current, threatened or reasonably anticipated litigation;
iv. Negotiation of contracts for the purchase or sale of goods, services or real estate;
v. Accusing any person of a crime or formally censuring any person;
vi. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
vii. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
viii. Disclosure of investigatory records compiled for law enforcement purposes;
ix. Disclosure of information related to any reports prepared by or on behalf of the Commission for the purpose of investigation of compliance with this compact; or
x. Matters specifically exempted from disclosure by federal or state statute.
6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons 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 Commission or order of a court of competent jurisdiction.
c. The Commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: i. For the establishment and meetings of other committees; and ii. Governing any general or specific delegation of any authority or function of the Commission; 3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and 6. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;
1. Establishing the fiscal year of the Commission;
2. Providing reasonable standards and procedures: i. For the establishment and meetings of other committees; and ii. Governing any general or specific delegation of any authority or function of the Commission;
i. For the establishment and meetings of other committees; and
ii. Governing any general or specific delegation of any authority or function of the Commission;
3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the Commission;
5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the Commission; and
6. Providing a mechanism for winding up the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;
d. The Commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the Commission.
e. The Commission shall maintain its financial records in accordance with the bylaws.
f. The Commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
g. The Commission shall have the following powers: 1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states; 2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; 5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources; 6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; 7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest; 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety; 9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; 10. To establish a budget and make expenditures; 11. To borrow money; 12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons; 13. To provide and receive information from, and to cooperate with, law enforcement agencies; 14. To adopt and use an official seal; and 15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states;
2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
3. To purchase and maintain insurance and bonds;
4. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations;
5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space or other resources;
6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters;
7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;
8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed;
10. To establish a budget and make expenditures;
11. To borrow money;
12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons;
13. To provide and receive information from, and to cooperate with, law enforcement agencies;
14. To adopt and use an official seal; and
15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
h. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. 2. The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states. 3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state. 4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities.
2. The Commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule that is binding upon all party states.
3. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
i. Qualified Immunity, Defense and Indemnification 1. The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. 2. The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
1. The administrators, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person.
2. The Commission shall defend any administrator, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any administrator, officer, executive director, employee or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person.
Article VIII. Rulemaking a. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact. b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission. c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking: 1. On the website of the Commission; and 2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules. d. The notice of proposed rulemaking shall include: 1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon; 2. The text of the proposed rule or amendment, and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments. e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public. f. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment. g. The Commission shall publish the place, time and date of the scheduled public hearing. 1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request. 2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section. h. If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule. i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received. j. The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule. k. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety or welfare; 2. Prevent a loss of Commission or party state funds; or 3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule. l. The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
a. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
b. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.
c. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty (60) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking: 1. On the website of the Commission; and 2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
1. On the website of the Commission; and
2. On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
d. The notice of proposed rulemaking shall include: 1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon; 2. The text of the proposed rule or amendment, and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
1. The proposed time, date and location of the meeting in which the rule will be considered and voted upon;
2. The text of the proposed rule or amendment, and the reason for the proposed rule;
3. A request for comments on the proposed rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.
f. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
g. The Commission shall publish the place, time and date of the scheduled public hearing. 1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request. 2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
1. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
2. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.
h. If no one appears at the public hearing, the Commission may proceed with promulgation of the proposed rule.
i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
j. The Commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
k. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, provided that the usual rulemaking procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to: 1. Meet an imminent threat to public health, safety or welfare; 2. Prevent a loss of Commission or party state funds; or 3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
1. Meet an imminent threat to public health, safety or welfare;
2. Prevent a loss of Commission or party state funds; or
3. Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
l. The Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
Article IX. Oversight, Dispute Resolution and Enforcement a. Oversight 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. 2. The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this compact or promulgated rules. b. Default, Technical Assistance and Termination 1. If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall: i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and ii. Provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. 3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. 4. A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. c. Dispute Resolution 1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party states. 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. 3. In the event the Commission cannot resolve disputes among party states arising under this compact: i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute. ii. The decision of a majority of the arbitrators shall be final and binding. d. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
a. Oversight 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. 2. The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this compact or promulgated rules.
1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.
2. The Commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities or actions of the Commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall render a judgment or order void as to the Commission, this compact or promulgated rules.
b. Default, Technical Assistance and Termination 1. If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall: i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and ii. Provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. 3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states. 4. A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
1. If the Commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the Commission shall: i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and ii. Provide remedial training and specific technical assistance regarding the default.
i. Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default or any other action to be taken by the Commission; and
ii. Provide remedial training and specific technical assistance regarding the default.
2. If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.
4. A state whose membership in this compact has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
5. The Commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the Commission and the defaulting state.
6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
c. Dispute Resolution 1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party states. 2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate. 3. In the event the Commission cannot resolve disputes among party states arising under this compact: i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute. ii. The decision of a majority of the arbitrators shall be final and binding.
1. Upon request by a party state, the Commission shall attempt to resolve disputes related to the compact that arise among party states and between party and non-party states.
2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
3. In the event the Commission cannot resolve disputes among party states arising under this compact: i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute. ii. The decision of a majority of the arbitrators shall be final and binding.
i. The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
ii. The decision of a majority of the arbitrators shall be final and binding.
d. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. 2. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
2. By majority vote, the Commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the Commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.
Article X. Effective Date, Withdrawal and Amendment a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure Compact, superseded by this compact, ("Prior compact"), shall be deemed to have withdrawn from said Prior compact within six (6) months after the effective date of this compact. b. Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior compact until such party state has withdrawn from the Prior compact. c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute. d. A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination. e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact. f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states. g. Representatives of non-party states to this compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this compact by all states.
a. This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six (26) states or December 31, 2018. All party states to this compact, that also were parties to the prior Nurse Licensure Compact, superseded by this compact, ("Prior compact"), shall be deemed to have withdrawn from said Prior compact within six (6) months after the effective date of this compact.
b. Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the Prior compact until such party state has withdrawn from the Prior compact.
c. Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
d. A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
e. Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a non-party state that is made in accordance with the other provisions of this compact.
f. This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
g. Representatives of non-party states to this compact shall be invited to participate in the activities of the Commission, on a nonvoting basis, prior to the adoption of this compact by all states.
Article XI. Construction and Severability This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
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.
Added by 2016 Tenn. Acts, ch. 591, s 1, eff. 3/10/2016.
Tenn. Code Ann. § 63-29-111 — TN Code / Title 63 / Chapter 29 / Section 63-29-111
Reapplication after expiration of certificate
Status: in_force

Any CPM who does not seek inactive status and allows the certificate to expire after a sixty-day grace period must apply for a new certificate as prescribed in this chapter. Acts 2000, ch. 576, § 12.
Any CPM who does not seek inactive status and allows the certificate to expire after a sixty-day grace period must apply for a new certificate as prescribed in this chapter.
Acts 2000, ch. 576, § 12.
Tenn. Code Ann. § 63-9-104 — TN Code / Title 63 / Chapter 9 / Section 63-9-104
Application for certificate to practice - Special training and conditional licenses
Status: in_force

(a) Before engaging in the practice of osteopathic medicine, a person shall submit an application to the secretary of the board for a certificate of fitness to practice osteopathic medicine on a form prescribed by the board in writing or via online application, which includes: (1) The person's name, age, which shall not be less than eighteen (18) years, and residence; (2) The name of the school of osteopathic medicine from which the person was graduated, which shall have been in good repute as such at the time of the issuing of the person's diploma, as determined by the board; (3) The date of the person's diploma, evidence that such diploma was granted on personal attendance and completion of the course of study approved by the board; (4) Such other information as the board may require; and (5) Sufficient evidence that the applicant is of good moral character. (b) (1) Each applicant shall pay a nonrefundable application fee as set by the board. (2) On notice of acceptance, each applicant for examination shall pay an examination fee as set by the board. (3) Each applicant accepted by reciprocity will pay a reciprocity fee as set by the board. (c) (1) Notwithstanding subsection (a), osteopathic medical students, interns, residents, and clinical fellows, while participating in a training program approved by the American Osteopathic Association or the American Medical Association, performing duties assigned to meet the requirements of such a training program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine licensed to practice in this state, are exempt from the requirement of a license. No such student, intern, resident, or clinical fellow shall be permitted to practice osteopathic medicine outside of the person's duties and responsibilities in the approved training program without being licensed to practice osteopathic medicine. (2) It is the responsibility of the program director or the dean responsible for the training program to apply to the board of osteopathic examination for an exemption for each such medical student, intern, resident, or clinical fellow. It is the responsibility of such program director or dean to notify the board of the termination of an applicant's participation in the training program, whether by completion of the program or for any other reason. (3) The board of osteopathic examination may impose a fee to accompany each application for exemption. (d) The board is authorized, in its discretion, to issue special training licenses to osteopathic medical interns, residents and fellows who have met all other qualifications for licensure contained in this chapter and the rules and regulations promulgated pursuant thereto, with the exception of having completed the necessary residency or training programs required by subdivision (a)(4) and properly promulgated rules, and the licensure examination. The board also is authorized to promulgate rules and regulations to implement this new licensure category. The initial set of these rules may be processed as emergency rules pursuant to § 4-5-208 . These special training licenses will be governed by the following: (1) Such licenses shall be issued only to osteopathic medical interns, residents and fellows while participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee, performing duties assigned to meet the requirements of such program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine fully licensed to practice medicine in Tennessee; (2) No person holding a special training license is permitted to practice osteopathic medicine outside of such person's duties and responsibilities in the training program without being fully licensed to practice medicine in Tennessee. Termination of participation in the training program for which the special license was issued for any reason terminates that license; (3) It is the responsibility of the program director or the dean responsible for the training program to submit the necessary information and applications on behalf of each applicant. It also is the responsibility of the program director or the dean to notify the board of the termination of the applicant's participation in the training program, whether by completion of the program or for any other reason; (4) The board may impose fees to accompany each individual application for a special training license; and (5) [Deleted by the 2022 amendment.] (e) The board also has the authority to issue locum tenens and/or conditional licenses as it deems appropriate after reviewing the qualifications of applicants. In addition to the authority granted the board in § 63-9-111 , the board has the authority to issue restricted licenses to current applicants or current licensees, or both, as it deems necessary, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with an osteopathic physician; provided, that the contractual relationship between the osteopathic physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the osteopathic physician from exercising independent professional medical judgment in diagnosing and treating patients. (2) For the purposes of this subsection (f), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) . (3) For the purposes of this section, the term "employing" shall not allow the employing of osteopathic physicians with the same specialties as those physicians exempted in § 63-6-204(e)(3) . Amended by 2022 Tenn. Acts, ch. 1083, s 3, eff. 5/27/2022. Amended by 2016 Tenn. Acts, ch. 632, Secs.s 2, s 3eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 766, s 4, eff. 4/19/2016. Amended by 2014 Tenn. Acts, ch. 949,s 8, eff. 7/1/2014. Acts 1905, ch. 255, § 2; Shan., § 3654a5; mod. Code 1932, §7004; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7004; Acts 1953, ch. 113, § 25; 1971, ch. 161, § 2; 1973, ch. 44, § 1; 1976, ch. 727, § 4; T.C.A. (orig. ed.), § 63-904; Acts 1982, ch. 948, § 1; 1988, ch. 808, § 1; 1989, ch. 523, §§ 57-60; 1992, ch. 744, § 1; 1994, ch. 901, §4; 1996, ch. 712, §§1, 2; 2009 , ch. 566, § 12.
(a) Before engaging in the practice of osteopathic medicine, a person shall submit an application to the secretary of the board for a certificate of fitness to practice osteopathic medicine on a form prescribed by the board in writing or via online application, which includes: (1) The person's name, age, which shall not be less than eighteen (18) years, and residence; (2) The name of the school of osteopathic medicine from which the person was graduated, which shall have been in good repute as such at the time of the issuing of the person's diploma, as determined by the board; (3) The date of the person's diploma, evidence that such diploma was granted on personal attendance and completion of the course of study approved by the board; (4) Such other information as the board may require; and (5) Sufficient evidence that the applicant is of good moral character.
(1) The person's name, age, which shall not be less than eighteen (18) years, and residence;
(2) The name of the school of osteopathic medicine from which the person was graduated, which shall have been in good repute as such at the time of the issuing of the person's diploma, as determined by the board;
(3) The date of the person's diploma, evidence that such diploma was granted on personal attendance and completion of the course of study approved by the board;
(4) Such other information as the board may require; and
(5) Sufficient evidence that the applicant is of good moral character.
(b) (1) Each applicant shall pay a nonrefundable application fee as set by the board. (2) On notice of acceptance, each applicant for examination shall pay an examination fee as set by the board. (3) Each applicant accepted by reciprocity will pay a reciprocity fee as set by the board.
(1) Each applicant shall pay a nonrefundable application fee as set by the board.
(2) On notice of acceptance, each applicant for examination shall pay an examination fee as set by the board.
(3) Each applicant accepted by reciprocity will pay a reciprocity fee as set by the board.
(c) (1) Notwithstanding subsection (a), osteopathic medical students, interns, residents, and clinical fellows, while participating in a training program approved by the American Osteopathic Association or the American Medical Association, performing duties assigned to meet the requirements of such a training program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine licensed to practice in this state, are exempt from the requirement of a license. No such student, intern, resident, or clinical fellow shall be permitted to practice osteopathic medicine outside of the person's duties and responsibilities in the approved training program without being licensed to practice osteopathic medicine. (2) It is the responsibility of the program director or the dean responsible for the training program to apply to the board of osteopathic examination for an exemption for each such medical student, intern, resident, or clinical fellow. It is the responsibility of such program director or dean to notify the board of the termination of an applicant's participation in the training program, whether by completion of the program or for any other reason. (3) The board of osteopathic examination may impose a fee to accompany each application for exemption.
(1) Notwithstanding subsection (a), osteopathic medical students, interns, residents, and clinical fellows, while participating in a training program approved by the American Osteopathic Association or the American Medical Association, performing duties assigned to meet the requirements of such a training program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine licensed to practice in this state, are exempt from the requirement of a license. No such student, intern, resident, or clinical fellow shall be permitted to practice osteopathic medicine outside of the person's duties and responsibilities in the approved training program without being licensed to practice osteopathic medicine.
(2) It is the responsibility of the program director or the dean responsible for the training program to apply to the board of osteopathic examination for an exemption for each such medical student, intern, resident, or clinical fellow. It is the responsibility of such program director or dean to notify the board of the termination of an applicant's participation in the training program, whether by completion of the program or for any other reason.
(3) The board of osteopathic examination may impose a fee to accompany each application for exemption.
(d) The board is authorized, in its discretion, to issue special training licenses to osteopathic medical interns, residents and fellows who have met all other qualifications for licensure contained in this chapter and the rules and regulations promulgated pursuant thereto, with the exception of having completed the necessary residency or training programs required by subdivision (a)(4) and properly promulgated rules, and the licensure examination. The board also is authorized to promulgate rules and regulations to implement this new licensure category. The initial set of these rules may be processed as emergency rules pursuant to § 4-5-208 . These special training licenses will be governed by the following: (1) Such licenses shall be issued only to osteopathic medical interns, residents and fellows while participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee, performing duties assigned to meet the requirements of such program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine fully licensed to practice medicine in Tennessee; (2) No person holding a special training license is permitted to practice osteopathic medicine outside of such person's duties and responsibilities in the training program without being fully licensed to practice medicine in Tennessee. Termination of participation in the training program for which the special license was issued for any reason terminates that license; (3) It is the responsibility of the program director or the dean responsible for the training program to submit the necessary information and applications on behalf of each applicant. It also is the responsibility of the program director or the dean to notify the board of the termination of the applicant's participation in the training program, whether by completion of the program or for any other reason; (4) The board may impose fees to accompany each individual application for a special training license; and (5) [Deleted by the 2022 amendment.]
(1) Such licenses shall be issued only to osteopathic medical interns, residents and fellows while participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee, performing duties assigned to meet the requirements of such program and while under the supervision and control of a physician, either a doctor of osteopathic medicine or a doctor of medicine fully licensed to practice medicine in Tennessee;
(2) No person holding a special training license is permitted to practice osteopathic medicine outside of such person's duties and responsibilities in the training program without being fully licensed to practice medicine in Tennessee. Termination of participation in the training program for which the special license was issued for any reason terminates that license;
(3) It is the responsibility of the program director or the dean responsible for the training program to submit the necessary information and applications on behalf of each applicant. It also is the responsibility of the program director or the dean to notify the board of the termination of the applicant's participation in the training program, whether by completion of the program or for any other reason;
(4) The board may impose fees to accompany each individual application for a special training license; and
(5) [Deleted by the 2022 amendment.]
(e) The board also has the authority to issue locum tenens and/or conditional licenses as it deems appropriate after reviewing the qualifications of applicants. In addition to the authority granted the board in § 63-9-111 , the board has the authority to issue restricted licenses to current applicants or current licensees, or both, as it deems necessary, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) (1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with an osteopathic physician; provided, that the contractual relationship between the osteopathic physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the osteopathic physician from exercising independent professional medical judgment in diagnosing and treating patients. (2) For the purposes of this subsection (f), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) . (3) For the purposes of this section, the term "employing" shall not allow the employing of osteopathic physicians with the same specialties as those physicians exempted in § 63-6-204(e)(3) .
(1) Nothing in this section shall be construed to prohibit a charitable clinic from employing or contracting with an osteopathic physician; provided, that the contractual relationship between the osteopathic physician and the charitable clinic is evidenced by a written contract, job description, or documentation, containing language that does not restrict the osteopathic physician from exercising independent professional medical judgment in diagnosing and treating patients.
(2) For the purposes of this subsection (f), the term "charitable clinic" means an entity that meets the following standards: (A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption; (B) Has clinical facilities located in this state; (C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals; (D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications; (E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and (F) Is not required to be licensed under § 68-11-202(a)(1) .
(A) Has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or is a distinct part of an entity that has received such a determination of exemption;
(B) Has clinical facilities located in this state;
(C) Has a primary mission to provide health care or dental care services to low-income, uninsured, or underserved individuals;
(D) Provides one (1) or more of the following services for free or at a discounted rate: (i) Medical care; (ii) Dental care; (iii) Mental health care; or (iv) Prescription medications;
(i) Medical care;
(ii) Dental care;
(iii) Mental health care; or
(iv) Prescription medications;
(E) Utilizes volunteer healthcare professionals and nonclinical volunteers; and
(F) Is not required to be licensed under § 68-11-202(a)(1) .
(3) For the purposes of this section, the term "employing" shall not allow the employing of osteopathic physicians with the same specialties as those physicians exempted in § 63-6-204(e)(3) .
Amended by 2022 Tenn. Acts, ch. 1083, s 3, eff. 5/27/2022.
Amended by 2016 Tenn. Acts, ch. 632, Secs.s 2, s 3eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 766, s 4, eff. 4/19/2016.
Amended by 2014 Tenn. Acts, ch. 949,s 8, eff. 7/1/2014.
Acts 1905, ch. 255, § 2; Shan., § 3654a5; mod. Code 1932, §7004; Acts 1939, ch. 150, § 1; impl. am. Acts 1947, ch. 9, §§2-4, 9; C. Supp. 1950, § 7004; Acts 1953, ch. 113, § 25; 1971, ch. 161, § 2; 1973, ch. 44, § 1; 1976, ch. 727, § 4; T.C.A. (orig. ed.), § 63-904; Acts 1982, ch. 948, § 1; 1988, ch. 808, § 1; 1989, ch. 523, §§ 57-60; 1992, ch. 744, § 1; 1994, ch. 901, §4; 1996, ch. 712, §§1, 2; 2009 , ch. 566, § 12.
Tenn. Code Ann. § 63-28-106 — TN Code / Title 63 / Chapter 28 / Section 63-28-106
Competency examination
Status: in_force

(a) Except as otherwise provided in this chapter, to qualify for a license, an applicant shall pass a competency examination. The examination shall be prepared or approved by the committee and administered to qualified applicants at least once each calendar year. The examination prescribed by the committee may be or may include the complete examinations given by the American Board of Cardiovascular Perfusion (ABCP) or its successor organization. (b) Not later than forty-five (45) days after the date on which a licensing examination is administered, the division shall notify each examinee of the results of the examination. (c) The committee shall establish: (1) A limit on the number of times an applicant who fails an examination may retake the examination; (2) The requirements for reexamination; and (3) The amount of any reexamination fee. Acts 1999, ch. 239, § 6.
(a) Except as otherwise provided in this chapter, to qualify for a license, an applicant shall pass a competency examination. The examination shall be prepared or approved by the committee and administered to qualified applicants at least once each calendar year. The examination prescribed by the committee may be or may include the complete examinations given by the American Board of Cardiovascular Perfusion (ABCP) or its successor organization.
(b) Not later than forty-five (45) days after the date on which a licensing examination is administered, the division shall notify each examinee of the results of the examination.
(c) The committee shall establish: (1) A limit on the number of times an applicant who fails an examination may retake the examination; (2) The requirements for reexamination; and (3) The amount of any reexamination fee.
(1) A limit on the number of times an applicant who fails an examination may retake the examination;
(2) The requirements for reexamination; and
(3) The amount of any reexamination fee.
Acts 1999, ch. 239, § 6.
Tenn. Code Ann. § 63-26-111 — TN Code / Title 63 / Chapter 26 / Section 63-26-111
Qualifications of applicants
Status: in_force

An applicant for a license to be an electrologist must: (1) Be at least eighteen (18) years of age; (2) Be of good moral character; (3) Have been graduated by an accredited high school or have completed equivalent recognized education; (4) Have completed an electrology education program that is approved under this chapter, which includes: (A) At least one hundred fifty (150) hours of electrolysis theory and at least three hundred fifty (350) hours of clinical practice taught by a licensed electrology instructor; (B) An electrology education program in any other state that the commissioner determines is substantially equivalent to that required by subdivision (4)(A); or (C) (i) At least six hundred (600) hours of electrology practice taught by a dermatologist approved by the commissioner who has documented continuing education in electrology theory and practice; (ii) Applicants who satisfy the educational requirements for licensure under this subdivision (4)(C) shall be eligible for practice as an electrologist only under the direct supervision and control of a dermatologist approved by the commissioner, and shall receive a limited license that bears an endorsement to that effect, upon passing the state board examination, payment of all prescribed fees and the satisfying of license renewal fees and requirements; (iii) The dermatologist shall notify the commissioner or the commissioner's designee as to each student who begins the training program pursuant to this subdivision (4)(C); (iv) The dermatologist shall also notify the commissioner or the commissioner's designee when an electrologist is no longer under the supervision and control of such dermatologist; and (v) Hours of training and experience received by applicants after January 1, 1989, may be applied to the experience provisions of this subdivision (4)(C); (5) Have successfully passed an examination approved by the commissioner; (6) Have paid all fees required by this chapter; and (7) Have submitted an application to the commissioner on a prescribed form. Acts 1988, ch. 896, § 13; 1990, ch. 872, § 1; 1993, ch. 342, § 1; T.C.A., §62-34-211; Acts 2009 , ch. 456, §§ 11-17.
An applicant for a license to be an electrologist must:
(1) Be at least eighteen (18) years of age;
(2) Be of good moral character;
(3) Have been graduated by an accredited high school or have completed equivalent recognized education;
(4) Have completed an electrology education program that is approved under this chapter, which includes: (A) At least one hundred fifty (150) hours of electrolysis theory and at least three hundred fifty (350) hours of clinical practice taught by a licensed electrology instructor; (B) An electrology education program in any other state that the commissioner determines is substantially equivalent to that required by subdivision (4)(A); or (C) (i) At least six hundred (600) hours of electrology practice taught by a dermatologist approved by the commissioner who has documented continuing education in electrology theory and practice; (ii) Applicants who satisfy the educational requirements for licensure under this subdivision (4)(C) shall be eligible for practice as an electrologist only under the direct supervision and control of a dermatologist approved by the commissioner, and shall receive a limited license that bears an endorsement to that effect, upon passing the state board examination, payment of all prescribed fees and the satisfying of license renewal fees and requirements; (iii) The dermatologist shall notify the commissioner or the commissioner's designee as to each student who begins the training program pursuant to this subdivision (4)(C); (iv) The dermatologist shall also notify the commissioner or the commissioner's designee when an electrologist is no longer under the supervision and control of such dermatologist; and (v) Hours of training and experience received by applicants after January 1, 1989, may be applied to the experience provisions of this subdivision (4)(C);
(A) At least one hundred fifty (150) hours of electrolysis theory and at least three hundred fifty (350) hours of clinical practice taught by a licensed electrology instructor;
(B) An electrology education program in any other state that the commissioner determines is substantially equivalent to that required by subdivision (4)(A); or
(C) (i) At least six hundred (600) hours of electrology practice taught by a dermatologist approved by the commissioner who has documented continuing education in electrology theory and practice; (ii) Applicants who satisfy the educational requirements for licensure under this subdivision (4)(C) shall be eligible for practice as an electrologist only under the direct supervision and control of a dermatologist approved by the commissioner, and shall receive a limited license that bears an endorsement to that effect, upon passing the state board examination, payment of all prescribed fees and the satisfying of license renewal fees and requirements; (iii) The dermatologist shall notify the commissioner or the commissioner's designee as to each student who begins the training program pursuant to this subdivision (4)(C); (iv) The dermatologist shall also notify the commissioner or the commissioner's designee when an electrologist is no longer under the supervision and control of such dermatologist; and (v) Hours of training and experience received by applicants after January 1, 1989, may be applied to the experience provisions of this subdivision (4)(C);
(i) At least six hundred (600) hours of electrology practice taught by a dermatologist approved by the commissioner who has documented continuing education in electrology theory and practice;
(ii) Applicants who satisfy the educational requirements for licensure under this subdivision (4)(C) shall be eligible for practice as an electrologist only under the direct supervision and control of a dermatologist approved by the commissioner, and shall receive a limited license that bears an endorsement to that effect, upon passing the state board examination, payment of all prescribed fees and the satisfying of license renewal fees and requirements;
(iii) The dermatologist shall notify the commissioner or the commissioner's designee as to each student who begins the training program pursuant to this subdivision (4)(C);
(iv) The dermatologist shall also notify the commissioner or the commissioner's designee when an electrologist is no longer under the supervision and control of such dermatologist; and
(v) Hours of training and experience received by applicants after January 1, 1989, may be applied to the experience provisions of this subdivision (4)(C);
(5) Have successfully passed an examination approved by the commissioner;
(6) Have paid all fees required by this chapter; and
(7) Have submitted an application to the commissioner on a prescribed form.
Acts 1988, ch. 896, § 13; 1990, ch. 872, § 1; 1993, ch. 342, § 1; T.C.A., §62-34-211; Acts 2009 , ch. 456, §§ 11-17.
Tenn. Code Ann. § 63-23-212 — TN Code / Title 63 / Chapter 23 / Section 63-23-212
Rulemaking
Status: in_force

(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another applicable standard of review. (b) The rules of the commission have the force of law in each member state; provided, however, that where the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict. (c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules become binding on the day following adoption or the date specified in the rule or amendment, whichever is later. (d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four (4) years of the date of adoption of the rule, then such rule has no further force and effect in any member state. (e) Rules must be adopted at a regular or special meeting of the commission. (f) Prior to adoption of a proposed rule, the commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments. (g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission must provide a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform; (2) To persons who have requested notice of the commission's notices of proposed rulemaking; and (3) In such other ways as the commission may by rule specify. (h) The notice of proposed rulemaking must include: (1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule; (2) If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking; (3) The text of the proposed rule and the reason for the proposed rule; (4) A request for comments on the proposed rule from any interested person; and (5) The manner in which interested persons may submit written comments. (i) All hearings must be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public. (j) Nothing in this section must 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. (k) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule. (1) The commission may adopt changes to the proposed rule; provided, the changes do not enlarge the original purpose of the proposed rule. (2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. (3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection ( l ), the effective date of the rule must be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule. (l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with forty-eight-hours' notice, with opportunity to comment; provided, that the usual rulemaking procedures provided in this compact and in this section must 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 subsection ( l ), an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of commission or member state funds; (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or (4) Protect public health and safety. (m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is 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 must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision takes effect without further action. If the revision is challenged, then the revision does not take effect without the approval of the commission. (n) A member state's rulemaking requirements do not apply under this compact. Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.
(a) The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer the purposes and provisions of this compact. A rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rulemaking authority in a manner that is beyond the scope and purposes of this compact, or the powers granted under this compact, or based upon another applicable standard of review.
(b) The rules of the commission have the force of law in each member state; provided, however, that where the rules of the commission conflict with the laws of the member state that establish the member state's laws, regulations, and applicable standards that govern the practice of social work as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict.
(c) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules become binding on the day following adoption or the date specified in the rule or amendment, whichever is later.
(d) If a majority of the legislatures of the member states rejects a rule or portion of a rule, by enactment of a statute or resolution in the same manner used to adopt this compact within four (4) years of the date of adoption of the rule, then such rule has no further force and effect in any member state.
(e) Rules must be adopted at a regular or special meeting of the commission.
(f) Prior to adoption of a proposed rule, the commission must hold a public hearing and allow persons to provide oral and written comments, data, facts, opinions, and arguments.
(g) Prior to adoption of a proposed rule by the commission, and at least thirty (30) days in advance of the meeting at which the commission will hold a public hearing on the proposed rule, the commission must provide a notice of proposed rulemaking: (1) On the website of the commission or other publicly accessible platform; (2) To persons who have requested notice of the commission's notices of proposed rulemaking; and (3) In such other ways as the commission may by rule specify.
(1) On the website of the commission or other publicly accessible platform;
(2) To persons who have requested notice of the commission's notices of proposed rulemaking; and
(3) In such other ways as the commission may by rule specify.
(h) The notice of proposed rulemaking must include: (1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule; (2) If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking; (3) The text of the proposed rule and the reason for the proposed rule; (4) A request for comments on the proposed rule from any interested person; and (5) The manner in which interested persons may submit written comments.
(1) The time, date, and location of the public hearing at which the commission will hear public comments on the proposed rule and, if different, the time, date, and location of the meeting where the commission will consider and vote on the proposed rule;
(2) If the hearing is held via telecommunication, video conference, or other electronic means, the mechanism for access to the hearing in the notice of proposed rulemaking;
(3) The text of the proposed rule and the reason for the proposed rule;
(4) A request for comments on the proposed rule from any interested person; and
(5) The manner in which interested persons may submit written comments.
(i) All hearings must be recorded. A copy of the recording and all written comments and documents received by the commission in response to the proposed rule must be available to the public.
(j) Nothing in this section must 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.
(k) The commission shall, by majority vote of all members, take final action on the proposed rule based on the rulemaking record and the full text of the rule. (1) The commission may adopt changes to the proposed rule; provided, the changes do not enlarge the original purpose of the proposed rule. (2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters. (3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection ( l ), the effective date of the rule must be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule.
(1) The commission may adopt changes to the proposed rule; provided, the changes do not enlarge the original purpose of the proposed rule.
(2) The commission shall provide an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by commenters.
(3) The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection ( l ), the effective date of the rule must be no sooner than thirty (30) days after issuing the notice that it adopted or amended the rule.
(l) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with forty-eight-hours' notice, with opportunity to comment; provided, that the usual rulemaking procedures provided in this compact and in this section must 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 subsection ( l ), an emergency rule is one that must be adopted immediately in order to: (1) Meet an imminent threat to public health, safety, or welfare; (2) Prevent a loss of commission or member state funds; (3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or (4) Protect public health and safety.
(1) Meet an imminent threat to public health, safety, or welfare;
(2) Prevent a loss of commission or member state funds;
(3) Meet a deadline for the promulgation of a rule that is established by federal law or rule; or
(4) Protect public health and safety.
(m) The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is 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 must be made in writing and delivered to the commission prior to the end of the notice period. If no challenge is made, then the revision takes effect without further action. If the revision is challenged, then the revision does not take effect without the approval of the commission.
(n) A member state's rulemaking requirements do not apply under this compact.
Added by 2024 Tenn. Acts, ch. 1041,s 1, eff. 7/1/2024.