Vermont § 1647g - Interstate Commission of Nurse Licensure Compact Administrators; establishment

§ 1647g. Interstate Commission of Nurse Licensure Compact Administrators; establishment

• (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 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 section 1647h of
  this chapter. (5) The Commission may convene in a closed, nonpublic meeting if the Commission must discuss: (A) noncompliance of a party state with its obligations under this Compact; (B) 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; (C) current, threatened, or reasonably anticipated litigation; (D) negotiation of contracts for the purchase or sale of goods, services, or real estate; (E) accusing any person of a crime or formally censuring any person; (F) disclosure of trade secrets or commercial or financial information that is privileged
  or confidential; (G) disclosure of information of a personal nature where disclosure would constitute a
  clearly unwarranted invasion of personal privacy; (H) disclosure of investigatory records compiled for law enforcement purposes; (I) 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 (J) 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: (A) for the establishment and meetings of other committees; and (B) 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. (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, and
  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 composed of administrators, state
  nursing regulators, state legislators or their representatives, 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. (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 subsection 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. (Added 2021, No. 64, § 1, eff. Feb. 1, 2022.)