Okla. Stat. tit. 59, § 59-567.21

Nurse Licensure Compact

ARTICLE I

Findings and Declaration of Purpose

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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 among 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 among 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 nondisciplinary monitoring

program approved by a licensing board.

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c. "Coordinated licensure information system" means an

integrated process for collecting, storing and sharing information

on nurse licensure and enforcement activities related to nurse

licensure laws that is administered by a nonprofit organization

composed of and controlled by licensing boards.

d. "Current significant investigative information" means:

1. Investigative information that a licensing board, after a

preliminary inquiry that includes notification and an opportunity

for the nurse to respond, if required by state law, has reason to

believe is not groundless and, if proved true, would indicate more

than a minor infraction; or

2. Investigative information that indicates that the nurse

represents an immediate threat to public health and safety

regardless of whether the nurse has been notified and had an

opportunity to respond.

e. "Encumbrance" means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of nursing imposed

by a licensing board.

f. "Home state" means the party state which is the nurse's

primary state of residence.

g. "Licensing board" means a party state's regulatory body

responsible for issuing nurse licenses.
e has been notified and had an

opportunity to respond.

e. "Encumbrance" means a revocation or suspension of, or any

limitation on, the full and unrestricted practice of nursing imposed

by a licensing board.

f. "Home state" means the party state which is the nurse's

primary state of residence.

g. "Licensing board" means a party state's regulatory body

responsible for issuing nurse licenses.

h. "Multistate license" means a license to practice as a

registered or a licensed practical/vocational nurse (LPN/VN) issued

by a home-state licensing board that authorizes the licensed nurse

to practice in all party states under a multistate licensure

privilege.

i. "Multistate licensure privilege" means a legal authorization

associated with a multistate license permitting the practice of

nursing as either a registered nurse (RN) or LPN/VN in a remote

state.

j. "Nurse" means RN or LPN/VN, as those terms are defined by

each party state's practice laws.

k. "Party state" means any state that has adopted this Compact.

l. "Remote state" means a party state, other than the home

state.

m. "Single-state license" means a nurse license issued by a

party state that authorizes practice only within the issuing state

and does not include a multistate licensure privilege to practice in

any other party state.

n. "State" means a state, territory or possession of the United

States and the District of Columbia.

o. "State practice laws" means a party state's laws, rules and

regulations that govern the practice of nursing, define the scope of

nursing practice, and create the methods and grounds for imposing

discipline. State practice laws do not include requirements

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necessary to obtain and retain a license, except for qualifications

or requirements of the home state.

ARTICLE III

General Provisions and Jurisdiction

a. A multistate license to practice registered or licensed

practical/vocational nursing issued by a home state to a resident in

that state will be recognized by each party state as authorizing a

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

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

privilege, in each party state.

b. A state must implement procedures for considering the

criminal history records of applicants for initial multistate

license or licensure by endorsement. Such procedures shall include

the submission of fingerprints or other biometric-based information

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

history record information from the Federal Bureau of Investigation

and the agency responsible for retaining that state's criminal

records.

c. Each party state shall require the following for an

applicant to obtain or retain a multistate license in the home

state:

1. Meets the home state's qualifications for licensure or

renewal of licensure, as well as all other applicable state laws;

2. i. Has graduated or is eligible to graduate from a

licensing-board-approved RN or LPN/VN prelicensure

education program; or

ii. Has graduated from a foreign RN or LPN/VN prelicensure

education program that (a) has been approved by the

authorized accrediting body in the applicable country

and (b) has been verified by an independent

credentials review agency to be comparable to a

licensing-board-approved prelicensure education

program;

3. Has, if a graduate of a foreign prelicensure education

program, not taught in English or if English is not the individual's

native language, successfully passed an English proficiency

examination that includes the components of reading, speaking,

writing and listening;

4. Has successfully passed an NCLEX-RN© or NCLEX-PN©

Examination or recognized predecessor, as applicable;

5. Is eligible for or holds an active, unencumbered license;

6. Has submitted, in connection with an application for initial
he 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;

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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

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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
effective date shall be ineligible to

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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 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.

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

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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
y 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; and

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

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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 nonparty 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
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.

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.

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;

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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 laws 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 of this Compact.

5. The Commission may convene in a closed, nonpublic meeting if

the Commission must discuss:

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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;
if

the Commission must discuss:

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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

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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
aws 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;

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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
perations, 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

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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 the actual or alleged act, error

or omission did not result from that person's intentional, willful

or wanton misconduct; and provided further, that nothing herein

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

own counsel.

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.

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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
s provisions of this Compact.

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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 Article 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 Article.

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 Article

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shall be retroactively applied to the rule as soon as reasonably

possible, and in no event later than ninety (90) days after the

effective date of the rule. 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
e

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 602

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 attorney 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 nonparty 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
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.

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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

attorney 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 nonparty 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 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.

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

Oklahoma Statutes - Title 59. Professions and Occupations Page 604

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
purposes thereof. The provisions of this Compact shall be

severable, and if any phrase, clause, sentence or provision of this

Oklahoma Statutes - Title 59. Professions and Occupations Page 604

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.