New Jersey § 45:11a-9

§ 45:11a-9.

The State of New Jersey enacts and enters into the Nurse Licensure Compact with all

other jurisdictions that legally join in the compact in the form substantially as

follows: ARTICLE I: Findings and Declaration of Purpose a. The party states find that: 1. The health and safety of the public are affected by the degree of compliance with

and the effectiveness of enforcement activities related to state nurse licensure laws; 2. Violations of nurse licensure and other laws regulating the practice of nursing

may result in injury or harm to the public; 3. The expanded mobility of nurses and the use of advanced communication technologies

as part of our nation's health care delivery system require greater coordination and

cooperation among states in the areas of nurse licensure and regulation; 4. New practice modalities and technology make compliance with individual state nurse

licensure laws difficult and complex; 5. The current system of duplicative licensure for nurses practicing in multiple states

is cumbersome and redundant for both nurses and states; and 6. Uniformity of nurse licensure requirements throughout the states promotes public

safety and public health benefits. b. The general purposes of this Compact are to: 1. Facilitate the states' responsibility to protect the public's health and safety; 2. Ensure and encourage the cooperation of party states in the areas of nurse licensure

and regulation; 3. Facilitate the exchange of information between party states in the areas of nurse

regulation, investigation and adverse actions; 4. Promote compliance with the laws governing the practice of nursing in each jurisdiction; 5. Invest all party states with the authority to hold a nurse accountable for meeting

all state practice laws in the state in which the patient is located at the time care

is rendered through the mutual recognition of party state licenses; 6. Decrease redundancies in the consideration and issuance of nurse licenses; and 7. Provide opportunities for interstate practice by nurses who meet uniform licensure

requirements. ARTICLE II: Definitions As used in this Compact: a. “ Adverse action ” means any administrative, civil, equitable or criminal action permitted by a state's

laws which is imposed by a licensing board or other authority against a nurse, including

actions against an individual's license or multistate licensure privilege such as

revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's

practice, or any other encumbrance on licensure affecting a nurse's authorization

to practice, including issuance of a cease and desist action. b. “ Alternative program ” means a non-disciplinary monitoring program approved by a licensing board. c. “ Coordinated licensure information system ” means an integrated process for collecting, storing and sharing information on nurse

licensure and enforcement activities related to nurse licensure laws that is administered

by a nonprofit organization composed of and controlled by licensing boards. d. “ Current significant investigative information ” means: 1. Investigative information that a licensing board, after a preliminary inquiry that

includes notification and an opportunity for the nurse to respond, if required by

state law, has reason to believe is not groundless and, if proved true, would indicate

more than a minor infraction; 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; or 3. Any information concerning a nurse reported to a licensing board by a health care

entity, health care professional, or any other person, which indicates that the nurse

demonstrated an impairment, gross incompetence, or unprofessional conduct that would

present an imminent danger to a patient or the public health, safety, or welfare. e. “ Encumbrance ” means a revocation or suspension of, or any limitation on, the full and unrestricted

practice of nursing imposed by a licensing board. f. “ Home state ” means the party state which is the nurse's primary state of residence. g. “ Licensing board ” means a party state's regulatory body responsible for issuing nurse licenses. h. “ Multistate license ” means a license to practice as a registered nurse (RN) or as a licensed practical/vocational

nurse (LPN/VN), which is issued by a home state licensing board, and which authorizes

the licensed nurse to practice in all party states under a multistate licensure privilege. i. “ Multistate licensure privilege ” means a legal authorization associated with a multistate license permitting the

practice of nursing as either a registered nurse (RN) or a licensed practical/vocational

nurse (LPN/VN) in a remote state. j. “ Nurse ” means RN or LPN/VN, as those terms are defined by each party state's practice laws. k. “ Party state ” means any state that has adopted this Compact. l . “ Remote state ” means a party state, other than the home state. m. “ Single-state license ” means a nurse license issued by a party state that authorizes practice only within

the issuing state and does not include a multistate licensure privilege to practice

in any other party state. n. “ State ” means a state, territory or possession of the United States and the District of

Columbia. o . “ State practice laws ” means a party state's laws, rules and regulations that govern the practice of nursing,

define the scope of nursing practice, and create the methods and grounds for imposing

discipline. “State practice laws” do not include requirements necessary to obtain and retain

a license, except for qualifications or requirements of the home state. ARTICLE III: General Provisions and Jurisdiction a. A multistate license to practice registered or licensed practical/vocational nursing

issued by a home state to a resident in that state will be recognized by each party

state as authorizing a nurse to practice as a registered nurse (RN) or as a licensed

practical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each

party state. b. A state must implement procedures for considering the criminal history records

of applicants for an initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based

information by applicants for the purpose of obtaining an applicant's criminal history

record information from the Federal Bureau of Investigation and the agency responsible

for retaining that state's criminal records. c. Each party state shall require its licensing board to authorize an applicant to

obtain or retain a multistate license in the home state only if the applicant: 1. Meets the home state's qualifications for licensure or renewal of licensure, and

complies with all other applicable state laws; 2. i. Has graduated or is eligible to graduate from a licensing board-approved RN

or LPN/VN prelicensure education program; or ii. Has graduated from a foreign RN or LPN/VN prelicensure education program that

has been: (a) approved by the authorized accrediting body in the applicable country,

and (b) verified by an independent credentials review agency to be comparable to a

licensing board-approved prelicensure education program; 3. Has, if a graduate of a foreign prelicensure education program not taught in English

or if English is not the individual's native language, successfully passed an English

proficiency examination that includes the components of reading, speaking, writing

and listening; 4. Has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor,

as applicable; 5. Is eligible for or holds an active, unencumbered license; 6. Has submitted, in connection with an application for initial licensure or licensure

by endorsement, fingerprints or other biometric data for the purpose of obtaining

criminal history record information from the Federal Bureau of Investigation and the

agency responsible for retaining that state's criminal records; 7. Has not been convicted or found guilty, or has entered into an agreed disposition,

of a felony offense under applicable state or federal criminal law; 8. Has not been convicted or found guilty, or has entered into an agreed disposition,

of a misdemeanor offense related to the practice of nursing as determined on a case-by-case

basis; 9. Is not currently enrolled in an alternative program; 10. Is subject to self-disclosure requirements regarding current participation in

an alternative program; and 11. Has a valid United States Social Security number. d. All party states shall be authorized, in accordance with existing state due process

law, to take adverse action against a nurse's multistate licensure privilege such

as revocation, suspension, probation or any other action that affects a nurse's authorization

to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of

the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly

notify the home state of any such actions by remote states. e. A nurse practicing in a party state must comply with the state practice laws of

the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing

practice as defined by the state practice laws of the party state in which the client

is located. The practice of nursing in a party state under a multistate licensure privilege

will subject a nurse to the jurisdiction of the licensing board, the courts and the

laws of the party state in which the client is located at the time service is provided. f. Individuals not residing in a party state shall continue to be able to apply for

a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized

as granting the privilege to practice nursing in any other party state. Nothing in this Compact shall affect the requirements established by a party state

for the issuance of a single-state license. g. Any nurse holding a home state multistate license, on the effective date of this

Compact, may retain and renew the multistate license issued by the nurse's then-current

home state, provided that: 1. A nurse, who changes primary state of residence after this Compact's effective

date, must meet all applicable Article III.c. requirements to obtain a multistate

license from a new home state. 2. A nurse who fails to satisfy the multistate licensure requirements in Article III.c.

due to a disqualifying event occurring after this Compact's effective date shall be

ineligible to retain or renew a multistate license, and the nurse's multistate license

shall be revoked or deactivated in accordance with applicable rules adopted by the

Interstate Commission of Nurse Licensure Compact Administrators (“Commission”). ARTICLE IV: Applications for Licensure in a Party State a. Upon application for a multistate license, the licensing board in the issuing party

state shall ascertain, through the coordinated licensure information system, whether

the applicant has ever held, or is the holder of, a license issued by any other state,

whether there are any encumbrances on any license or multistate licensure privilege

held by the applicant, whether any adverse action has been taken against any license

or multistate licensure privilege held by the applicant and whether the applicant

is currently participating in an alternative program. b. A nurse may hold a multistate license, issued by the home state, in only one party

state at a time. c. If a nurse changes primary state of residence by moving between two party states,

the nurse must apply for licensure in the new home state, and the multistate license

issued by the prior home state will be deactivated in accordance with applicable rules

adopted by the Commission. 1. The nurse may apply for licensure in advance of a change in primary state of residence. 2. A multistate license shall not be issued by the new home state until the nurse

provides satisfactory evidence of a change in primary state of residence to the new

home state and satisfies all applicable requirements to obtain a multistate license

from the new home state. d. If a nurse changes primary state of residence by moving from a party state to a

non-party state, the multistate license issued by the prior home state will convert

to a single-state license, valid only in the former home state. ARTICLE V: Additional Authorities Invested in Party State Licensing Boards a. In addition to the other powers conferred by state law, a licensing board shall

have the authority to: 1. Take adverse action against a nurse's multistate licensure privilege to practice

within that party state. i. Only the home state shall have the power to take adverse action against a nurse's

license issued by the home state. ii. For purposes of taking adverse action, the home state licensing board shall give

the same priority and effect to reported conduct received from a remote state as it

would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate

action. 2. Issue cease and desist orders or impose an encumbrance on a nurse's authority to

practice within that party state. 3. Complete any pending investigations of a nurse who changes primary state of residence

during the course of such investigations. The licensing board shall also have the authority to take appropriate action(s)

and shall promptly report the conclusions of such investigations to the administrator

of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly

notify the new home state of any such actions. 4. Issue subpoenas for both hearings and investigations that require the attendance

and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony

of witnesses or the production of evidence from another party state shall be enforced

in the latter state by any court of competent jurisdiction, according to the practice

and procedure of that court applicable to subpoenas issued in proceedings pending

before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other

fees required by the service statutes of the state in which the witnesses or evidence

are located. 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based

information to the Federal Bureau of Investigation for criminal background checks,

receive the results of the Federal Bureau of Investigation record search on criminal

background checks and use the results in making licensure decisions. 6. If otherwise permitted by state law, recover from the affected nurse the costs

of investigations and disposition of cases resulting from any adverse action taken

against that nurse. 7. Take adverse action based on the factual findings of the remote state, provided

that the licensing board follows its own procedures for taking such adverse action. b. If adverse action is taken by the home state against a nurse's multistate license,

the nurse's multistate licensure privilege to practice in all other party states shall

be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's

multistate license shall include a statement that the nurse's multistate licensure

privilege is deactivated in all party states during the pendency of the order. c. Nothing in this Compact shall override a party state's decision that participation

in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege

under the multistate license of any nurse for the duration of the nurse's participation

in an alternative program. ARTICLE VI: Coordinated Licensure Information System and Exchange of Information a. All party states shall participate in a coordinated licensure information system

of all licensed registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs). This system will include information on the licensure and disciplinary history of

each nurse, as submitted by party states, to assist in the coordination of nurse licensure

and enforcement efforts. b. The Commission, in consultation with the administrator of the coordinated licensure

information system, shall formulate necessary and proper procedures for the identification,

collection and exchange of information under this Compact. c. All licensing boards shall promptly report to the coordinated licensure information

system any adverse action, any current significant investigative information, denials

of applications (with the reasons for such denials) and nurse participation in alternative

programs known to the licensing board regardless of whether such participation is

deemed nonpublic or confidential under state law. d. Current significant investigative information and participation in nonpublic or

confidential alternative programs shall be transmitted through the coordinated licensure

information system only to party state licensing boards. e. Notwithstanding any other provision of law, all party state licensing boards contributing

information to the coordinated licensure information system may designate information

that may not be shared with non-party states or disclosed to other entities or individuals

without the express permission of the contributing state. f. Any personally identifiable information obtained from the coordinated licensure

information system by a party state licensing board shall not be shared with non-party

states or disclosed to other entities or individuals except to the extent permitted

by the laws of the party state contributing the information. g. Any information contributed to the coordinated licensure information system that

is subsequently required to be expunged by the laws of the party state contributing

that information shall also be expunged from the coordinated licensure information

system. h. The Compact administrator of each party state shall furnish a uniform data set

to the Compact administrator of each other party state, which shall include, at a

minimum: 1. Identifying information; 2. Licensure data; 3. Information related to alternative program participation; and 4. Other information that may facilitate the administration of this Compact, as determined

by Commission rules. i. The Compact administrator of a party state shall provide all investigative documents

and information requested by another party state. ARTICLE VII: Establishment of the Interstate Commission of Nurse Licensure Compact

Administrators a. The party states hereby create and establish a joint public entity known as the

Interstate Commission of Nurse Licensure Compact Administrators. 1. The Commission is an instrumentality of the party states. 2. Venue is proper, and judicial proceedings by or against the Commission shall be

brought solely and exclusively, in a court of competent jurisdiction where the principal

office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts

or consents to participate in alternative dispute resolution proceedings. 3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity. b. Membership, Voting and Meetings 1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of

this Compact for each party state. Any administrator may be removed or suspended from office as provided by the law

of the state from which the Administrator is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws

of the party state in which the vacancy exists. 2. Each administrator shall be entitled to one (1) vote with regard to the promulgation

of rules and creation of bylaws and shall otherwise have an opportunity to participate

in the business and affairs of the Commission. An administrator shall vote in person or by such other means as provided in the

bylaws. The bylaws may provide for an administrator's participation in meetings by telephone

or other means of communication. 3. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission. 4. All meetings shall be open to the public, and public notice of meetings shall be

given in the same manner as required under the rulemaking provisions in Article VIII. 5. The Commission may convene in a closed, nonpublic meeting if the Commission must

discuss: i. Noncompliance of a party state with its obligations under this Compact; ii. The employment, compensation, discipline or other personnel matters, practices

or procedures related to specific employees or other matters related to the Commission's

internal personnel practices and procedures; iii. Current, threatened or reasonably anticipated litigation; iv. Negotiation of contracts for the purchase or sale of goods, services or real estate; v. Accusing any person of a crime or formally censuring any person; vi. Disclosure of trade secrets or commercial or financial information that is privileged

or confidential; vii. Disclosure of information of a personal nature where disclosure would constitute

a clearly unwarranted invasion of personal privacy; viii. Disclosure of investigatory records compiled for law enforcement purposes; ix. Disclosure of information related to any reports prepared by or on behalf of the

Commission for the purpose of investigation of compliance with this Compact; or x. Matters specifically exempted from disclosure by federal or state statute. 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the

Commission's legal counsel or designee shall certify that the meeting may be closed

and shall reference each relevant exempting provision. The Commission shall keep minutes that fully and clearly describe all matters discussed

in a meeting and shall provide a full and accurate summary of actions taken, and the

reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such

minutes. All minutes and documents of a closed meeting shall remain under seal, subject to

release by a majority vote of the Commission or order of a court of competent jurisdiction. c. The Commission shall, by a majority vote of the administrators, prescribe bylaws

or rules to govern its conduct as may be necessary or appropriate to carry out the

purposes and exercise the powers of this Compact, including but not limited to: 1. Establishing the fiscal year of the Commission; 2. Providing reasonable standards and procedures: i. For the establishment and meetings of other committees; and ii. Governing any general or specific delegation of any authority or function of the

Commission; 3. Providing reasonable procedures for calling and conducting meetings of the Commission,

ensuring reasonable advance notice of all meetings and providing an opportunity for

attendance of such meetings by interested parties, with enumerated exceptions designed

to protect the public's interest, the privacy of individuals, and proprietary information,

including trade secrets. The Commission may meet in closed session only after a majority of the administrators

vote to close a meeting in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close

the meeting revealing the vote of each administrator, with no proxy votes allowed; 4. Establishing the titles, duties and authority and reasonable procedures for the

election of the officers of the Commission; 5. Providing reasonable standards and procedures for the establishment of the personnel

policies and programs of the Commission. Notwithstanding any civil service or other similar laws of any party state, the

bylaws shall exclusively govern the personnel policies and programs of the Commission;

and 6. Providing a mechanism for winding up the operations of the Commission and the equitable

disposition of any surplus funds that may exist after the termination of this Compact

after the payment or reserving of all of its debts and obligations; d. The Commission shall publish its bylaws and rules, and any amendments thereto,

in a convenient form on the website of the Commission. e. The Commission shall maintain its financial records in accordance with the bylaws. f. The Commission shall meet and take such actions as are consistent with the provisions

of this Compact and the bylaws. g. The Commission shall have the following powers: 1. To promulgate uniform rules to facilitate and coordinate implementation and administration

of this Compact. The rules shall have the force and effect of law and shall be binding in all party

states; 2. To bring and prosecute legal proceedings or actions in the name of the Commission,

provided that the standing of any licensing board to sue or be sued under applicable

law shall not be affected; 3. To purchase and maintain insurance and bonds; 4. To borrow, accept or contract for services of personnel, including, but not limited

to, employees of a party state or nonprofit organizations; 5. To cooperate with other organizations that administer state compacts related to

the regulation of nursing, including but not limited to sharing administrative or

staff expenses, office space or other resources; 6. To hire employees, elect or appoint officers, fix compensation, define duties,

grant such individuals appropriate authority to carry out the purposes of this Compact,

and to establish the Commission's personnel policies and programs relating to conflicts

of interest, qualifications of personnel and other related personnel matters; 7. To accept any and all appropriate donations, grants and gifts of money, equipment,

supplies, materials and services, and to receive, utilize and dispose of the same;

provided that at all times the Commission shall avoid any appearance of impropriety

or conflict of interest; 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own,

hold, improve or use, any property, whether real, personal or mixed; provided that

at all times the Commission shall avoid any appearance of impropriety; 9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose

of any property, whether real, personal or mixed; 10. To establish a budget and make expenditures; 11. To borrow money; 12. To appoint committees, including advisory committees comprised of administrators,

state nursing regulators, state legislators or their representatives, and consumer

representatives, and other such interested persons; 13. To provide and receive information from, and to cooperate with, law enforcement

agencies; 14. To adopt and use an official seal; and 15. To perform such other functions as may be necessary or appropriate to achieve

the purposes of this Compact consistent with the state regulation of nurse licensure

and practice. h. Financing of the Commission 1. The Commission shall pay, or provide for the payment of, the reasonable expenses

of its establishment, organization and ongoing activities. 2. The Commission may also levy on and collect an annual assessment from each party

state to cover the cost of its operations, activities and staff in its annual budget

as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a

formula to be determined by the Commission, which shall promulgate a rule that is

binding upon all party states. 3. The Commission shall not incur obligations of any kind prior to securing the funds

adequate to meet the same; nor shall the Commission pledge the credit of any of the

party states, except by, and with the authority of, such party state. 4. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and

accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall

be audited yearly by a certified or licensed public accountant, and the report of

the audit shall be included in and become part of the annual report of the Commission. i. Qualified Immunity, Defense and Indemnification 1. The administrators, officers, executive director, employees and representatives

of the Commission shall be immune from suit and liability, either personally or in

their official capacity, for any claim for damage to or loss of property or personal

injury or other civil liability caused by or arising out of any actual or alleged

act, error or omission that occurred, or that the person against whom the claim is

made had a reasonable basis for believing occurred, within the scope of Commission

employment, duties or responsibilities; provided that nothing in this paragraph shall

be construed to protect any such person from suit or liability for any damage, loss,

injury or liability caused by the intentional, willful or wanton misconduct of that

person. 2. The Commission shall defend any administrator, officer, executive director, employee

or representative of the Commission in any civil action seeking to impose liability

arising out of any actual or alleged act, error or omission that occurred within the

scope of Commission employment, duties or responsibilities, or that the person against

whom the claim is made had a reasonable basis for believing occurred within the scope

of Commission employment, duties or responsibilities; provided that nothing herein

shall be construed to prohibit that person from retaining his or her own counsel;

and provided further that the actual or alleged act, error or omission did not result

from that person's intentional, willful or wanton misconduct. 3. The Commission shall indemnify and hold harmless any administrator, officer, executive

director, employee or representative of the Commission for the amount of any settlement

or judgment obtained against that person arising out of any actual or alleged act,

error or omission that occurred within the scope of Commission employment, duties

or responsibilities, or that such person had a reasonable basis for believing occurred

within the scope of Commission employment, duties or responsibilities, provided that

the actual or alleged act, error or omission did not result from the intentional,

willful or wanton misconduct of that person. ARTICLE VIII: Rulemaking a. The Commission shall exercise its rulemaking powers pursuant to the criteria set

forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule

or amendment and shall have the same force and effect as provisions of this Compact. b. Rules or amendments to the rules shall be adopted at a regular or special meeting

of the Commission. c. Prior to promulgation and adoption of a final rule or rules by the Commission,

and at least sixty (60) days in advance of the meeting at which the rule will be considered

and voted upon, the Commission shall file a notice of proposed rulemaking: 1. On the website of the Commission; and 2. On the website of each licensing board or the publication in which each state would

otherwise publish proposed rules. d. The notice of proposed rulemaking shall include: 1. The proposed time, date and location of the meeting in which the rule will be considered

and voted upon; 2. The text of the proposed rule or amendment, and the reason for the proposed rule; 3. A request for comments on the proposed rule from any interested person; and 4. The manner in which interested persons may submit notice to the Commission of their

intention to attend the public hearing and any written comments. e. Prior to adoption of a proposed rule, the Commission shall allow persons to submit

written data, facts, opinions and arguments, which shall be made available to the

public. f. The Commission shall grant an opportunity for a public hearing before it adopts

a rule or amendment. g. The Commission shall publish the place, time and date of the scheduled public hearing. 1. Hearings shall be conducted in a manner providing each person who wishes to comment

a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request. 2. Nothing in this section shall be construed as requiring a separate hearing on each

rule. Rules may be grouped for the convenience of the Commission at hearings required

by this section. h. If no one appears at the public hearing, the Commission may proceed with promulgation

of the proposed rule. i. Following the scheduled hearing date, or by the close of business on the scheduled

hearing date if the hearing was not held, the Commission shall consider all written

and oral comments received. j. The Commission shall, by majority vote of all administrators, take final action

on the proposed rule and shall determine the effective date of the rule, if any, based

on the rulemaking record and the full text of the rule. k. Upon determination that an emergency exists, the Commission may consider and adopt

an emergency rule without prior notice, opportunity for comment or hearing, provided

that the usual rulemaking procedures provided in this Compact and in this section

shall be retroactively applied to the rule as soon as reasonably possible, in no event

later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted

immediately in order to: 1. Meet an imminent threat to public health, safety or welfare; 2. Prevent a loss of Commission or party state funds; or 3. Meet a deadline for the promulgation of an administrative rule that is required

by federal law or rule. l . The Commission may direct revisions to a previously adopted rule or amendment for

purposes of correcting typographical errors, errors in format, errors in consistency

or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty

(30) days after posting. The revision may be challenged only on grounds that the revision results in a material

change to a rule. A challenge shall be made in writing, and delivered to the Commission, prior to

the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval

of the Commission. ARTICLE IX: Oversight, Dispute Resolution and Enforcement a. Oversight 1. Each party state shall enforce this Compact and take all actions necessary and

appropriate to effectuate this Compact's purposes and intent. 2. The Commission shall be entitled to receive service of process in any proceeding

that may affect the powers, responsibilities or actions of the Commission, and shall

have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the Commission shall

render a judgment or order void as to the Commission, this Compact or promulgated

rules. b. Default, Technical Assistance and Termination 1. If the Commission determines that a party state has defaulted in the performance

of its obligations or responsibilities under this Compact or the promulgated rules,

the Commission shall: i. Provide written notice to the defaulting state and other party states of the nature

of the default, the proposed means of curing the default or any other action to be

taken by the Commission; and ii. Provide remedial training and specific technical assistance regarding the default. 2. If a state in default fails to cure the default, the defaulting state's membership

in this Compact may be terminated upon an affirmative vote of a majority of the administrators,

and all rights, privileges and benefits conferred by this Compact may be terminated

on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities

incurred during the period of default. 3. Termination of membership in this Compact shall be imposed only after all other

means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor

of the defaulting state and to the executive officer of the defaulting state's licensing

board and each of the party states. 4. A state whose membership in this Compact has been terminated is responsible for

all assessments, obligations and liabilities incurred through the effective date of

termination, including obligations that extend beyond the effective date of termination. 5. The Commission shall not bear any costs related to a state that is found to be

in default or whose membership in this Compact has been terminated unless agreed upon

in writing between the Commission and the defaulting state. 6. The defaulting state may appeal the action of the Commission by petitioning the

U.S. District Court for the District of Columbia or the federal district in which

the Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable

attorneys' fees. c. Dispute Resolution 1. Upon request by a party state, the Commission shall attempt to resolve disputes

related to the Compact that arise among party states and between party and non-party

states. 2. The Commission shall promulgate a rule providing for both mediation and binding

dispute resolution for disputes, as appropriate. 3. In the event the Commission cannot resolve disputes among party states arising

under this Compact: i. The party states may submit the issues in dispute to an arbitration panel, which

will be comprised of individuals appointed by the Compact administrator in each of

the affected party states, and an individual mutually agreed upon by the Compact administrators

of all the party states involved in the dispute. ii. The decision of a majority of the arbitrators shall be final and binding. d. Enforcement 1. The Commission, in the reasonable exercise of its discretion, shall enforce the

provisions and rules of this Compact. 2. By majority vote, the Commission may initiate legal action in the U.S. District

Court for the District of Columbia or the federal district in which the Commission

has its principal offices against a party state that is in default to enforce compliance

with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded

all costs of such litigation, including reasonable attorneys' fees. 3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law. ARTICLE X: Effective Date, Withdrawal and Amendment a. This Compact shall become effective and binding on the earlier of the date of legislative

enactment of this Compact into law by no less than twenty-six (26) states or December

31, 2018. All party states to this Compact, that also were parties to the prior Nurse Licensure

Compact, superseded by this Compact, (“Prior Compact”), shall be deemed to have withdrawn

from said Prior Compact within six (6) months after the effective date of this Compact. b. Each party state to this Compact shall continue to recognize a nurse's multistate

licensure privilege to practice in that party state issued under the Prior Compact

until such party state has withdrawn from the Prior Compact. c. Any party state may withdraw from this Compact by enacting a statute repealing

the same. A party state's withdrawal shall not take effect until six (6) months after enactment

of the repealing statute. d. A party state's withdrawal or termination shall not affect the continuing requirement

of the withdrawing or terminated state's licensing board to report adverse actions

and significant investigations occurring prior to the effective date of such withdrawal

or termination. e. Nothing contained in this Compact shall be construed to invalidate or prevent any

nurse licensure agreement or other cooperative arrangement between a party state and

a non-party state that is made in accordance with the other provisions of this Compact. f. This Compact may be amended by the party states. No amendment to this Compact shall become effective and binding upon the party states

unless and until it is enacted into the laws of all party states. g. Representatives of non-party states to this Compact shall be invited to participate

in the activities of the Commission, on a nonvoting basis, prior to the adoption of

this Compact by all states. ARTICLE XI: Construction and Severability This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable, and if any phrase, clause, sentence

or provision of this Compact is declared to be contrary to the constitution of any

party state or of the United States, or if the applicability thereof to any government,

agency, person or circumstance is held to be 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.