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Minnesota Legislature

Office of the Revisor of Statutes

SF 3305

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 12:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health occupations; creating a Nurse Licensure Compact; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 148.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [148.2855] NURSE LICENSURE COMPACT.
new text end

new text begin The Nurse Licensure Compact is enacted into law and entered into with all other
jurisdictions legally joining in it, in the form substantially as follows:
new text end

new text begin ARTICLE 1
new text end

new text begin DEFINITIONS
new text end

new text begin As used in this compact:
new text end

new text begin (a) "Adverse action" means any administrative, civil, equitable, or criminal action
permitted by a state's law that 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.
new text end

new text begin (b) "Alternative program" means a nondisciplinary monitoring program approved by a
licensing board.
new text end

new text begin (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.
new text end

new text begin (d) "Current significant investigative information" means:
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (e) "Encumbrance" means a revocation or suspension of, or any limitation on, the full
and unrestricted practice of nursing imposed by a licensing board.
new text end

new text begin (f) "Home state" means the party state which is the nurse's primary state of residence.
new text end

new text begin (g) "Licensing board" means a party state's regulatory body responsible for issuing nurse
licenses.
new text end

new text begin (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.
new text end

new text begin (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 licensed
practical/vocational nurse (LPN/VN) in a remote state.
new text end

new text begin (j) "Nurse" means a registered nurse (RN) or licensed practical/vocational nurse
(LPN/VN), as those terms are defined by each party state's practice laws.
new text end

new text begin (k) "Party state" means any state that has adopted this compact.
new text end

new text begin (l) "Remote state" means a party state, other than the home state.
new text end

new text begin (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.
new text end

new text begin (n) "State" means a state, territory, or possession of the United States and the District
of Columbia.
new text end

new text begin (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.
new text end

new text begin ARTICLE 2
new text end

new text begin GENERAL PROVISIONS AND JURISDICTION
new text end

new text begin (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 an RN or as a LPN/VN under a multistate licensure
privilege in each party state.
new text end

new text begin (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.
new text end

new text begin (c) Each party state shall require the following for an applicant to obtain or retain a
multistate license in the home state:
new text end

new text begin (1) meets the home state's qualifications for licensure or renewal of licensure, as well
as all other applicable state laws;
new text end

new text begin (2)(i) has graduated or is eligible to graduate from a licensing board-approved RN or
LPN/VN prelicensure education program; or
new text end

new text begin (ii) has graduated from a foreign RN or LPN/VN prelicensure education program that:
new text end

new text begin (A) has been approved by the authorized accrediting body in the applicable country; and
new text end

new text begin (B) has been verified by an independent credentials review agency to be comparable to
a licensing board-approved prelicensure education program;
new text end

new text begin (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;
new text end

new text begin (4) has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized
predecessor, as applicable;
new text end

new text begin (5) is eligible for or holds an active, unencumbered license;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (9) is not currently enrolled in an alternative program;
new text end

new text begin (10) is subject to self-disclosure requirements regarding current participation in an
alternative program; and
new text end

new text begin (11) has a valid United States Social Security number.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) a nurse, who changes primary state of residence after this compact's effective date,
must meet all applicable Article 111.c. requirements to obtain a multistate license from a
new home state; or
new text end

new text begin (2) a nurse who fails to satisfy the multistate licensure requirements in Article 111.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").
new text end

new text begin ARTICLE 3
new text end

new text begin APPLICATIONS FOR LICENSURE IN A PARTY STATE
new text end

new text begin (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.
new text end

new text begin (b) A nurse may hold a multistate license, issued by the home state, in only one party
state at a time.
new text end

new text begin (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:
new text end

new text begin (1) the nurse may apply for licensure in advance of a change in primary state of residence;
and
new text end

new text begin (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.
new text end

new text begin (d) 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.
new text end

new text begin ARTICLE 4
new text end

new text begin ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
new text end

new text begin (a) In addition to the other powers conferred by state law, a licensing board shall have
the authority to:
new text end

new text begin (1) take adverse action against a nurse's multistate licensure privilege to practice within
that party state:
new text end

new text begin (i) only the home state shall have the power to take adverse action against a nurse's
license issued by the home state; and
new text end

new text begin (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 occurred within the home state. In so doing, the home state shall apply its own state
laws to determine appropriate action;
new text end

new text begin (2) issue cease and desist orders or impose an encumbrance on a nurse's authority to
practice within that party state;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin ARTICLE 5
new text end

new text begin COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE OF
INFORMATION
new text end

new text begin (a) All party states shall participate in a coordinated licensure information system of all
licensed registered nurses (RNs) and licensed practical/vocational nurses (LPN/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.
new text end

new text begin (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.
new text end

new text begin (c) All licensing boards shall promptly report to the coordinated licensure information
system any adverse action, any current significant investigative information, denials of
applications, including 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.
new text end

new text begin (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.
new text end

new text begin (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 nonparty states or disclosed to other entities or
individuals without the express permission of the contributing state.
new text end

new text begin (f) Any personally identifiable information obtained from the coordinated licensure
information system by a party state licensing board shall 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.
new text end

new text begin (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.
new text end

new text begin (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:
new text end

new text begin (1) identifying information;
new text end

new text begin (2) licensure data;
new text end

new text begin (3) information related to alternative program participation; and
new text end

new text begin (4) other information that may facilitate the administration of this compact, as determined
by commission rules.
new text end

new text begin (i) The compact administrator of a party state shall provide all investigative documents
and information requested by another party state.
new text end

new text begin ARTICLE 6
new text end

new text begin ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
COMPACT ADMINISTRATORS
new text end

new text begin (a) The party states hereby create and establish a joint public entity known as the Interstate
Commission of Nurse Licensure Compact Administrators:
new text end

new text begin (1) the commission is an instrumentality of the party states;
new text end

new text begin (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; and
new text end

new text begin (3) nothing in this compact shall be construed to be a waiver of sovereign immunity.
new text end

new text begin (b) Membership, voting, and meetings:
new text end

new text begin (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;
new text end

new text begin (2) each administrator shall be entitled to one 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;
new text end

new text begin (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;
new text end

new text begin (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 7;
new text end

new text begin (5) the commission may convene in a closed, nonpublic meeting if the commission must
discuss:
new text end

new text begin (i) noncompliance of a party state with its obligations under this compact;
new text end

new text begin (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;
new text end

new text begin (iii) current, threatened, or reasonably anticipated litigation;
new text end

new text begin (iv) negotiation of contracts for the purchase or sale of goods, services, or real estate;
new text end

new text begin (v) accusing any person of a crime or formally censuring any person;
new text end

new text begin (vi) disclosure of trade secrets or commercial or financial information that is privileged
or confidential;
new text end

new text begin (vii) disclosure of information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy;
new text end

new text begin (viii) disclosure of investigatory records compiled for law enforcement purposes;
new text end

new text begin (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
new text end

new text begin (x) matters specifically exempted from disclosure by federal or state statute; and
new text end

new text begin (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 therefore, including a description of the
views expressed. All documents considered in connection with an action shall be identified
in 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.
new text end

new text begin (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:
new text end

new text begin (1) establishing the fiscal year of the commission;
new text end

new text begin (2) providing reasonable standards and procedures:
new text end

new text begin (i) for the establishment and meetings of other committees; and
new text end

new text begin (ii) governing any general or specific delegation of any authority or function of the
commission;
new text end

new text begin (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;
new text end

new text begin (4) establishing the titles, duties, and authority and reasonable procedures for the election
of the officers of the commission;
new text end

new text begin (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
new text end

new text begin (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.
new text end

new text begin (d) The commission shall publish its bylaws and rules, and any amendments thereto, in
a convenient form on the Web site of the commission.
new text end

new text begin (e) The commission shall maintain its financial records in accordance with the bylaws.
new text end

new text begin (f) The commission shall meet and take actions as are consistent with the provisions of
this compact and the bylaws.
new text end

new text begin (g) The commission shall have the following powers:
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (3) to purchase and maintain insurance and bonds;
new text end

new text begin (4) to borrow, accept, or contract for services of personnel, including, but not limited
to, employees of a party state or nonprofit organizations;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (9) to sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, whether real, personal, or mixed;
new text end

new text begin (10) to establish a budget and make expenditures;
new text end

new text begin (11) to borrow money;
new text end

new text begin (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;
new text end

new text begin (13) to provide and receive information from, and to cooperate with, law enforcement
agencies;
new text end

new text begin (14) to adopt and use an official seal; and
new text end

new text begin (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.
new text end

new text begin (h) Financing of the commission:
new text end

new text begin (1) the commission shall pay, or provide for the payment of, the reasonable expenses of
its establishment, organization, and ongoing activities;
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (i) Qualified immunity, defense, and indemnification:
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin ARTICLE 7
new text end

new text begin RULEMAKING
new text end

new text begin (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.
new text end

new text begin (b) Rules or amendments to the rules shall be adopted at a regular or special meeting of
the commission.
new text end

new text begin (c) Prior to promulgation and adoption of a final rule or rules by the commission, and
at least 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:
new text end

new text begin (1) on the Web site of the commission; and
new text end

new text begin (2) on the Web site of each licensing board or the publication in which state would
otherwise publish proposed rules.
new text end

new text begin (d) The notice of proposed rulemaking shall include:
new text end

new text begin (1) the proposed time, date, and location of the meeting in which the rule will be
considered and voted upon;
new text end

new text begin (2) the text of the proposed rule or amendment, and the reason for the proposed rule;
new text end

new text begin (3) a request for comments on the proposed rule from any interested person; and
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (f) The commission shall grant an opportunity for a public hearing before it adopts a
rule or amendment.
new text end

new text begin (g) The commission shall publish the place, time, and date of the scheduled public
hearing:
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (h) If no one appears at the public hearing, the commission may proceed with
promulgation of the proposed rule.
new text end

new text begin (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.
new text end

new text begin (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.
new text end

new text begin (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 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:
new text end

new text begin (1) meet an imminent threat to public health, safety, or welfare;
new text end

new text begin (2) prevent a loss of commission or party state funds; or
new text end

new text begin (3) meet a deadline for the promulgation of an administrative rule that is required by
federal law or rule.
new text end

new text begin (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 Web site of the
commission. The revision shall be subject to challenge by any person for a period of 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.
new text end

new text begin ARTICLE 8
new text end

new text begin OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
new text end

new text begin (a) Oversight:
new text end

new text begin (1) each party state shall enforce this compact and take all actions necessary and
appropriate to effectuate this compact's purposes and intent; and
new text end

new text begin (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.
new text end

new text begin (b) Default, technical assistance, and termination:
new text end

new text begin (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:
new text end

new text begin (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
new text end

new text begin (ii) provide remedial training and specific technical assistance regarding the default;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin (c) Dispute resolution:
new text end

new text begin (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 nonparty states;
new text end

new text begin (2) the commission shall promulgate a rule providing for both mediation and binding
dispute resolution for disputes, as appropriate; and
new text end

new text begin (3) in the event the commission cannot resolve disputes among party states arising under
this compact:
new text end

new text begin (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; and
new text end

new text begin (ii) the decision of a majority of the arbitrators shall be final and binding.
new text end

new text begin (d) Enforcement:
new text end

new text begin (1) the commission, in the reasonable exercise of its discretion, shall enforce the
provisions and rules of this compact;
new text end

new text begin (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; and
new text end

new text begin (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.
new text end

new text begin ARTICLE 9
new text end

new text begin EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
new text end

new text begin (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 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 months after the effective date of this compact.
new text end

new text begin (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.
new text end

new text begin (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 months after enactment of
the repealing statute.
new text end

new text begin (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.
new text end

new text begin (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
nonparty state that is made in accordance with the other provisions of this compact.
new text end

new text begin (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.
new text end

new text begin (g) Representatives of nonparty 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.
new text end

new text begin ARTICLE 10
new text end

new text begin CONSTRUCTION AND SEVERABILITY
new text end

new text begin 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.
new text end

Sec. 2.

new text begin [148.2856] APPLICATION OF NURSE LICENSURE COMPACT TO
EXISTING LAWS.
new text end

new text begin (a) A nurse practicing professional or practical nursing in Minnesota under the authority
of section 148.2855 shall have the same obligations, privileges, and rights as if the nurse
was licensed in Minnesota. Notwithstanding any contrary provisions in section 148.2855,
the Board of Nursing shall comply with all laws and rules with respect to registered and
licensed practical nurses practicing professional or practical nursing in Minnesota under
the authority of section 148.2855, and all such individuals shall be governed and regulated
as if they were licensed by the board.
new text end

new text begin (b) Section 148.2855 does not relieve employers of nurses from complying with statutorily
imposed obligations.
new text end

new text begin (c) Section 148.2855 does not supersede existing state labor laws.
new text end

new text begin (d) For purposes of the Minnesota Government Data Practices Act, chapter 13, an
individual not licensed as a nurse under sections 148.171 to 148.285 who practices
professional or practical nursing in Minnesota under the authority of section 148.2855 is
considered to be a licensee of the board.
new text end

new text begin (e) Uniform rules developed by the compact administrators shall not be subject to the
provisions of sections 14.05 to 14.389, except for sections 14.07, 14.08, 14.101, 14.131,
14.18, 14.22, 14.23, 14.27, 14.28, 14.365, 14.366, 14.37, and 14.38.
new text end

new text begin (f) Proceedings brought against an individual's multistate privilege shall be adjudicated
following the procedures listed in sections 14.50 to 14.62 and shall be subject to judicial
review as provided for in sections 14.63 to 14.69.
new text end

new text begin (g) For purposes of sections 62M.09, subdivision 2; 121A.22, subdivision 4; 144.051;
144.052; 145A.02, subdivision 18; 148.975; 151.37; 152.12; 154.04; 595.02, subdivision
1, paragraph (g); 604.20, subdivision 5; and 631.40, subdivision 2; and chapters 319B and
364, holders of a multistate privilege who are licensed as registered or licensed practical
nurses in the home state shall be considered to be licensees in Minnesota. If any of the
statutes listed in this paragraph are limited to registered nurses or the practice of professional
nursing, then only holders of a multistate privilege who are licensed as registered nurses in
the home state shall be considered licensees.
new text end

new text begin (h) The reporting requirements of sections 144.4175, 148.263, 626.52, and 626.557
apply to individuals not licensed as registered or licensed practical nurses under sections
148.171 to 148.285 who practice professional or practical nursing in Minnesota under the
authority of section 148.2855.
new text end

new text begin (i) The board may take action against an individual's multistate privilege based on the
grounds listed in section 148.261, subdivision 1, and any other statute authorizing or requiring
the board to take corrective or disciplinary action.
new text end

new text begin (j) The board may take all forms of disciplinary action provided for in section 148.262,
subdivision 1, and corrective action provided for in section 214.103, subdivision 6, against
an individual's multistate privilege.
new text end

new text begin (k) The immunity provisions of section 148.264, subdivision 1, apply to individuals who
practice professional or practical nursing in Minnesota under the authority of section
148.2855.
new text end

new text begin (l) The cooperation requirements of section 148.265 apply to individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855.
new text end

new text begin (m) The provisions of section 148.283 shall not apply to individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855.
new text end

new text begin (n) Complaints against individuals who practice professional or practical nursing in
Minnesota under the authority of section 148.2855 shall be handled as provided in sections
214.10 and 214.103.
new text end

new text begin (o) All provisions of section 148.2855 authorizing or requiring the board to provide data
to party states are authorized by section 214.10, subdivision 8, paragraph (d).
new text end

new text begin (p) Except as provided in section 13.41, subdivision 6, the board shall not report to a
remote state any active investigative data regarding a complaint investigation against a nurse
licensed under sections 148.171 to 148.285, unless the board obtains reasonable assurances
from the remote state that the data will be maintained with the same protections as provided
in Minnesota law.
new text end

new text begin (q) The provisions of sections 214.17 to 214.25 apply to individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855 when
the practice involves direct physical contact between the nurse and a patient.
new text end

new text begin (r) A nurse practicing professional or practical nursing in Minnesota under the authority
of section 148.2855 must comply with any criminal background check required under
Minnesota law.
new text end

Sec. 3.

new text begin [148.2858] MISCELLANEOUS PROVISIONS.
new text end

new text begin (a) For the purposes of section 148.2855, "head of the Nurse Licensing Board" means
the executive director of the board.
new text end

new text begin (b) The Board of Nursing shall have the authority to recover from a nurse practicing
professional or practical nursing in Minnesota under the authority of section 148.2855 the
costs of investigation and disposition of cases resulting from any adverse action taken against
the nurse.
new text end

new text begin (c) The board may implement a system of identifying individuals who practice
professional or practical nursing in Minnesota under the authority of section 148.2855.
new text end

Sec. 4. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the state government special revenue fund
to the Board of Nursing for the purposes of implementing Minnesota Statutes, section
148.2855. The state government special revenue fund base appropriation to the Board of
Nursing is increased by $....... in fiscal years 2020 and 2021.
new text end

Sec. 5. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective upon implementation of the coordinated licensure information
system defined in section 1, article 6, but no sooner than July 1, 2019.
new text end