reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 3. General Provisions and Jurisdiction › 25-42-3-7. Renewal; Requirements; Disqualification

Sec. 7. A nurse who holds a home state multistate license on the effective date of this compact may retain and renew the multistate license issued by the nurse's current home state. However, the following apply:
(1) A nurse who changes primary state of residence after the effective date of this compact shall meet all applicable requirements of section 3 of this chapter to obtain a multistate license from a new home state.
(2) If the nurse fails to satisfy the multistate licensure requirements of section 3 of this chapter due to a disqualifying event occurring after the effective date of this compact:
(A) the nurse is ineligible to retain or renew a multistate license; and
(B) the nurse's multistate license must be revoked or deactivated in accordance with applicable rules adopted by the commission.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 4. Application for Nurse Licensure in a Party State › 25-42-4-1. Multistate License Application; Use of Coordinated Licensure Information System

Sec. 1. Upon receipt of an application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether:
(1) the applicant has ever held, or is the holder of, a license issued by any other state;
(2) there are any encumbrances on any license or multistate licensure privilege held by the applicant;
(3) any adverse action has been taken against any license or multistate licensure privilege held by the applicant; and
(4) the applicant is currently participating in an alternative program.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 4. Application for Nurse Licensure in a Party State › 25-42-4-2. Limit on Number of Multistate Licenses a Nurse May Hold

Sec. 2. A nurse may hold a multistate license, issued by the home state, in only one (1) party state at a time.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 4. Application for Nurse Licensure in a Party State › 25-42-4-3. Change of Primary State of Residency to New Party State

Sec. 3. If a nurse changes primary state of residence by moving between two (2) 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, including the following:
(1) The nurse may apply for licensure in advance of a change in primary state of residence.
(2) A multistate license must not be issued by the new home state until the nurse:
(A) provides satisfactory evidence of a change in primary state of residence to the new home state; and
(B) satisfies all applicable requirements to obtain a multistate license from the new home state.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 4. Application for Nurse Licensure in a Party State › 25-42-4-4. Change of Primary State of Residency to Nonparty State

Sec. 4. If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single state license, valid only in the former home state.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 5. Additional Authorities Invested in Party State Licensing Boards › 25-42-5-1. Powers of State Licensing Board

Sec. 1. (a) In addition to the other powers conferred by state law, a licensing board may do any of the following:
(1) Take adverse action against a nurse's multistate licensure privilege to practice within that party state, as follows:
(A) Only the home state may take adverse action against a nurse's license issued by the home state.
(B) For purposes of taking adverse action, the home state licensing board shall:
(i) give the same priority and effect to reported conduct received from a remote state as it would if the conduct had occurred within the home state; and
(ii) apply the home state's laws to determine appropriate action.
(2) Issue cease and desist orders or impose other encumbrances on a nurse's authority to practice within that party state.
(3) With respect to pending investigations of a nurse who changes primary state of residence during the course of the investigations, the following:
(A) Complete the investigations.
(B) Take appropriate action.
(4) Issue subpoenas for hearings and investigations that require the attendance and testimony of witnesses and for the production of evidence.
(5) For each nurse licensure applicant:
(A) obtain and submit fingerprints or other biometric based information to the Federal Bureau of Investigation for criminal background checks;
(B) receive the results of the Federal Bureau of Investigation record search on criminal background checks; and
(C) 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 the nurse.
(7) Take adverse action based on the factual findings of a remote state, according to the licensing board's own procedures for the adverse action.
(b) With respect to investigations described in subsection (a)(3):
(1) the licensing board shall promptly report the conclusions of the investigations to the administrator of the coordinated licensure information system; and
(2) the administrator of the coordinated licensure information system shall promptly notify the new home state of any actions taken under subsection (a)(3).
(c) 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 as described in subsection (a)(4) must be enforced in the other party state:
(1) by a court of competent jurisdiction; and
(2) according to the practice and procedure of the court applicable to subpoenas issued in proceedings pending before the court.
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.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 5. Additional Authorities Invested in Party State Licensing Boards › 25-42-5-2. Adverse Action Against Nurse's Multistate License; Deactivation

Sec. 2. (a) 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 must be deactivated until all encumbrances have been removed from the multistate license.
(b) All home state disciplinary orders that impose adverse action against a nurse's multistate license must include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 5. Additional Authorities Invested in Party State Licensing Boards › 25-42-5-3. Deactivation While Participating in an Alternative Program

Sec. 3. (a) This compact does not override a party state's decision that participation in an alternative program may be used in lieu of adverse action.
(b) In the case of a party state decision described in subsection (a), the home state licensing board shall deactivate the multistate licensure privilege under the multistate license of the nurse for the duration of the nurse's participation in the alternative program.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-1. Coordinated Licensure Information System; Participation; Required Information

Sec. 1. (a) All party states shall participate in a coordinated licensure information system of all licensed nurses.
(b) The coordinated licensure information system must include information submitted by party states:
(1) concerning the licensure and disciplinary history of each nurse; and
(2) to assist in the coordination of nurse licensure and enforcement.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-2. Procedures for Identification, Collection, and Exchange of Information

Sec. 2. The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-3. Prompt Reporting

Sec. 3. All licensing boards shall promptly report to the coordinated licensure information system any:
(1) adverse action;
(2) current significant investigative information;
(3) denials of applications and reasons for the denials; and
(4) nurse participation in alternative programs known to the licensing board, regardless of whether the participation is considered to be nonpublic or confidential under state law.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-4. Transmission of Investigative Information

Sec. 4. Current significant investigative information and participation in nonpublic or confidential alternative programs must be transmitted through the coordinated licensure information system only to party state licensing boards.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-5. Information Designated Not for Release to Nonparty States

Sec. 5. Notwithstanding any other law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-6. Personal Identifiable Information Not for Release to Nonparty States; Exception

Sec. 6. Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board must not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-7. Expungement of Information

Sec. 7. 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 must also be expunged from the coordinated licensure information system.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-8. Uniform Data to Compact Administrator

Sec. 8. The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which must include, at a minimum, the following:
(1) Identifying information.
(2) Licensure data.
(3) Information related to alternative program participation.
(4) Other information that may facilitate the administration of this compact, as determined by commission rules.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 6. Coordinated Licensure Information System and Exchange of Information › 25-42-6-9. Releasing Investigative Records to Party States

Sec. 9. The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-1. Interstate Commission of Nurse Licensure Compact Administrators Created; Venue and Judicial Proceedings

Sec. 1. (a) The party states create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.
(b) The commission is an instrumentality of the party states.
(c) Venue is proper, and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
(d) The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-2. Sovereign Immunity Not Waived

Sec. 2. This compact does not waive sovereign immunity.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-3. Administrator From Each State; Vacancy; Vote

Sec. 3. (a) Each party state has and is limited to one (1) administrator. The head of the state licensing board of each party state, or designee, is the administrator of this compact for each party state. An administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed.
(b) A vacancy occurring in the commission must be filled in accordance with the laws of the party state in which the vacancy exists.
(c) Each administrator is 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 other means provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-4. Yearly Meetings

Sec. 4. The commission shall meet at least one (1) time during each calendar year. Additional meetings must be held as set forth in the bylaws or rules of the commission.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-5. Public Meetings

Sec. 5. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in IC 25-42-8.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-6. Nonpublic Meetings

Sec. 6. The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:
(1) Noncompliance of a party state with the party state's obligations under this compact.
(2) 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.
(3) Current, threatened, or reasonably anticipated litigation.
(4) Negotiation of contracts for the purchase or sale of goods, services, or real estate.
(5) Accusing a person of a crime or formally censuring a person.
(6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential.
(7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.
(8) Disclosure of investigatory records compiled for law enforcement purposes.
(9) Disclosure of information related to reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact.
(10) Matters specifically exempted from disclosure by federal or state statute.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-7. Certified Closed Meeting; Minutes

Sec. 7. (a) If a meeting or part of a meeting is closed under section 6 of this chapter, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
(b) 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 for the actions, including a description of the views expressed.
(c) All documents considered in connection with an action must be identified in the minutes of the meeting.
(d) All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-8. Bylaws and Rules

Sec. 8. (a) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern the commission's conduct to carry out the purposes and exercise the powers of this compact, including the following:
(1) Establishing the fiscal year of the commission.
(2) Providing reasonable standards and procedures:
(A) for the establishment and meetings of other committees; and
(B) governing 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 the meetings by interested parties, including the following:
(A) Enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets.
(B) A provision:
(i) allowing the commission to meet in closed session only after a majority of the administrators vote with no proxy voting to close a meeting in whole or in part; and
(ii) if the commission meets in closed session as described in item (i), requiring the commission to, as soon as practicable, make public a copy of the vote to close the meeting and revealing the vote of each administrator.
(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.
(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 the commission's debts and obligations.
(b) Notwithstanding any civil service or other similar laws of any party state, the bylaws prescribed under this section exclusively govern the personnel policies and programs of the commission.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-9. Commission Duties

Sec. 9. The commission shall do all of the following:
(1) Publish the commission's bylaws and rules and any amendments to the bylaws and rules in a convenient form on the Internet web site of the commission.
(2) Maintain the commission's financial records in accordance with the bylaws.
(3) Meet and take actions consistent with the provisions of this compact and the bylaws.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-10. Commission Powers

Sec. 10. The commission has the following powers:
(1) To promulgate uniform rules:
(A) having the force and effect of law; and
(B) binding in all party states;
to facilitate and coordinate implementation and administration of this compact.
(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 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 sharing administrative or staff expenses, office space, or other resources.
(6) To hire employees, elect or appoint officers, fix compensation, define duties, grant the employees and officers 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 related personnel matters.
(7) To accept, receive, use, and dispose of appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services while avoiding any appearance of impropriety or conflict of interest.
(8) To lease, purchase, and accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any real, personal, or mixed property while avoiding any appearance of impropriety.
(9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of real, personal, or mixed property.
(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, consumer representatives, and other interested persons.
(13) To provide and receive information from, and to cooperate with, law enforcement agencies.
(14) To adopt and use an official seal.
(15) To perform other necessary or appropriate functions to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-11. Payment of Expenses; Annual Assessment; Annual Audit

Sec. 11. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and ongoing activities.
(b) The commission may also levy on and collect an annual assessment from each party state to cover the cost of the commission's operations, activities, and staff in the commission's annual budget as approved each year. The aggregate annual assessment amount, if any, must be allocated based on a formula determined by the commission by promulgation of a rule that is binding on all party states.
(c) The commission shall not:
(1) incur an obligation of any kind before securing funds adequate to meet the obligation; or
(2) pledge the credit of any party state, except by and with the authority of, the party state.
(d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under the commission's bylaws. However, all receipts and disbursements of funds handled by the commission must be audited annually by a certified or licensed public accountant, and the report of the audit must be included in and be part of the annual report of the commission.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 7. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators › 25-42-7-12. Immunity; Exception; Duty to Defend; Indemnity

Sec. 12. (a) The administrators, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property, personal injury, or another civil liability caused by or arising out of an 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.
(b) Subsection (a) does not protect an administrator, officer, executive director, employee, or representative of the commission from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.
(c) The commission shall defend an administrator, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an 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.
(d) Subsection (c) does not do the following:
(1) Prohibit the administrator, officer, executive director, employee, or representative of the commission from retaining that person's own counsel.
(2) Require the commission to defend the administrator, officer, executive director, employee, or representative of the commission if the actual or alleged act, error, or omission resulted from that person's intentional, willful, or wanton misconduct.
(e) The commission shall indemnify and hold harmless an 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 an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities.
(f) Subsection (e) does not require the commission to indemnify or hold harmless an administrator, officer, executive director, employee, or representative of the commission if, the actual or alleged act, error, or omission resulted from the intentional, willful, or wanton misconduct of that person.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-1. Effective Date of Rules

Sec. 1. The commission shall exercise the commission's rulemaking powers according to the criteria set forth in, and the rules adopted under, this chapter. Rules and amendments are binding as of the date specified in each rule or amendment and have the same force and effect as provisions of this compact.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-2. Rules Adopted at Regular or Special Meetings

Sec. 2. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-3. Notice of Proposed Rulemaking

Sec. 3. Before promulgation and adoption of a final rule by the commission, and at least sixty (60) days before the meeting at which the rule will be considered and voted on is held, the commission shall file a notice of proposed rulemaking:
(1) on the Internet web site of the commission; and
(2) on the Internet web site of each licensing board or in the publication in which each state would otherwise publish proposed administrative rules.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-4. Information Required in Rulemaking Notice

Sec. 4. The notice of proposed rulemaking must include all of the following:
(1) The proposed time, date, and location of the meeting at which the rule will be considered and voted on.
(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.
(4) The manner in which an interested person may submit:
(A) notice to the commission of the interested person's intention to attend the public hearing; and
(B) written comments.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-5. Allow Information to Be Submitted Concerning a Proposed Rule

Sec. 5. (a) Before adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments.
(b) Submitted information and documents described in subsection (a) must be made available to the public.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-6. Public Meeting on Proposed Rule

Sec. 6. (a) The commission shall grant an opportunity for a public hearing before the commission adopts a rule or amendment.
(b) The commission shall publish the place, time, and date of the scheduled public hearing.
(c) A public hearing must 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 must be recorded and a copy of the record must be made available to the public upon request.
(d) This section does not require a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
(e) If no one appears at a public hearing, the commission may proceed with promulgation of the proposed rule.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-7. Consideration of Public Comments; Final Action

Sec. 7. (a) 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.
(b) The commission shall, by majority vote of all administrators, take final action on the proposed rule and determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-8. Emergency Rules; Application of Rulemaking Procedures

Sec. 8. (a) For purposes of this section, an emergency rule is a rule that must be adopted immediately to do at least one (1) of the following:
(1) Meet an imminent threat to public health, safety, or welfare.
(2) Prevent a loss of commission or party state funds.
(3) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(b) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing. However, the usual rulemaking procedures provided in this compact and in this chapter must be retroactively applied to the rule as soon as reasonably possible, and in no event later than ninety (90) days after the effective date of the rule.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 8. Rulemaking › 25-42-8-9. Revisions to Rules; Public Notice; Revision Challenge

Sec. 9. (a) 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.
(b) Public notice of any revisions must be posted on the Internet web site of the commission. A revision is subject to challenge by any person for thirty (30) days after posting. A 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, 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.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-1. Party State Enforcement of Compact

Sec. 1. Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-2. Service of Process on the Commission

Sec. 2. The commission:
(1) is entitled to receive service of process in a proceeding that may affect the powers, responsibilities, or actions of the commission; and
(2) has standing to intervene in a proceeding described in subdivision (1) for all purposes.
Failure to provide service of process in a proceeding to the commission renders a judgment or order void as to the commission, this compact, or promulgated rules.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-3. Default by a Party State

Sec. 3. If the commission determines that a party state has defaulted in the performance of the party state's obligations or responsibilities under this compact or the promulgated rules, the commission shall:
(1) 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 another action to be taken by the commission; and
(2) provide remedial training and specific technical assistance regarding the default.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-4. Failure to Cure a Default

Sec. 4. (a) 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.
(b) A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-5. Termination of Compact Membership

Sec. 5. Termination of membership in this compact must be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must 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.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-6. Responsibilities of Terminated Compact State

Sec. 6. 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.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-7. Costs to Commission Concerning a Defaulted State

Sec. 7. The commission does 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.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-8. Appeal; Prevailing Party Costs

Sec. 8. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district in which the commission has the commission's principal offices. The prevailing party must be awarded all costs of the litigation, including reasonable attorney's fees.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-9. Resolution of Disputes

Sec. 9. (a) Upon request by a party state, the commission shall attempt to resolve disputes related to this compact that arise among party states and between party and nonparty states.
(b) The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(c) If the commission cannot resolve disputes among party states arising under this compact:
(1) the party states may submit the issues in dispute to an arbitration panel, which must 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; and
(2) the decision of a majority of the arbitrators is final and binding.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 9. Oversight, Dispute Resolution, and Enforcement › 25-42-9-10. Enforcement by the Commission

Sec. 10. (a) The commission, in the reasonable exercise of the commission's discretion, shall enforce the provisions and rules of this compact.
(b) By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district in which the commission has the commission's principal offices against a party state that is in default to enforce compliance with the provisions of this compact and the commission's promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party must be awarded all costs of the litigation, including reasonable attorney's fees.
(c) The remedies described in this section are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 10. Withdrawal and Amendment › 25-42-10-1. Withdraw From Compact; Repealing Statute; Requirements; Amendments

Sec. 1. (a) Any party state may withdraw from this compact by enacting a statute repealing the compact. A party state's withdrawal does not take effect until six (6) months after enactment of the repealing statute.
(b) A party state's withdrawal or termination does not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring before the effective date of the withdrawal or termination.
(c) This compact does not invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
(d) This compact may be amended by the party states. An amendment to this compact is not effective and binding on the party states until the amendment is enacted into the laws of all party states.
(e) Representatives of nonparty states to this compact must be invited to participate in the activities of the commission, on a nonvoting basis, before the adoption of this compact by all states.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 11. Construction and Severability › 25-42-11-1. Construction and Severability of the Compact

Sec. 1. This compact must be liberally construed so as to effectuate the purposes of the compact. The provisions of this compact are severable, and if any phrase, clause, sentence, or provision of the compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability of the compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the compact and the applicability of the compact to any government, agency, person, or circumstance is not affected.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42. Interstate Nurse Licensure Compact › Chapter 11. Construction and Severability › 25-42-11-2. Effect of Being Determined Unconstitutional

Sec. 2. If this compact is held to be contrary to the constitution of any party state, the compact remains in full force and effect as to the:
(1) remaining party states; and
(2) party state affected;
as to all severable matters.
As added by P.L.135-2019, SEC.5.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 1. Purpose › 25-42.5-1-1. Purpose

Sec. 1. The purpose of this compact is to facilitate interstate practice of licensed professional counselors with the goal of improving public access to professional counseling services. The practice of professional counseling occurs in the state where the client is located at the time of the counseling services. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 1. Purpose › 25-42.5-1-2. Policy Objectives

Sec. 2. This compact is designed to achieve the following objectives:
(1) Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses.
(2) Enhance the states' ability to protect the public's health and safety.
(3) Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors.
(4) Support spouses of relocating active duty military personnel.
(5) Enhance the exchange of licensure, investigative, and disciplinary information among member states.
(6) Allow for the use of telehealth technology to facilitate increased access to professional counseling services.
(7) Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits.
(8) Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses.
(9) Eliminate the necessity for licenses in multiple states.
(10) Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-2. "Active Duty Military"

Sec. 2. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and reserve components of the armed forces of the United States on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
As added by P.L.98-2023, SEC.2.
2023 Indiana Code › Title 25. Professions and Occupations › Article 42.5. Professional Counselors Licensure Compact › Chapter 2. Definitions › 25-42.5-2-3. "Adverse Action"

Sec. 3. "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual's license or privilege to practice, such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action.
As added by P.L.98-2023, SEC.2.