SB 1 — NURSE LICENSURE COMPACT

and 2) has been verified by an independent credentials review agency to be e e 17 comparable to a licensing board-approved prelicensure education e e n d 18 program;

= = l ] 19 (3) has, if a graduate of a foreign a l r i 20 prelicensure education program not taught in English or if t e a t English is not the applicant's native language, successfully m m 21 e d r e 22 passed an English proficiency examination that includes the c e r c 23 components of reading, speaking, writing and listening;

e a n b 24 (4) has successfully passed a national council u [ licensure examination for registered nurses or a national .208934.2 - 7 - council licensure examination for practical or vocational nurses given by the national council of state boards of nursing or an exam given by a recognized predecessor or successor organization, as applicable;

SB 1 Page 7 (5) is eligible for or holds an active, unencumbered license;

(8) has not been convicted or found guilty, or e e 17 has entered into an agreed disposition, of a misdemeanor e e n d 18 offense related to the practice of nursing as determined on a = = l ] 19 case-by-case basis;

a l r i 20 (9) is not currently enrolled in an t e a t alternative program;

m m 21 e d r e 22 (10) is subject to self-disclosure c e r c 23 requirements regarding current participation in an alternative e a n b 24 program;

and u [ (11) has a valid United States social security .208934.2 - 8 - number.

All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure SB 1 Page 8 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.

The practice of nursing is not limited to patient care, but shall include all e e 17 nursing practice as defined by the state practice laws of the e e n d 18 party state in which the client is located.

The practice of = = l ] 19 nursing in a party state under a multistate licensure privilege a l r i 20 will subject a nurse to the jurisdiction of the licensing t e a t board, the courts and the laws of the party state in which the m m 21 e d r e 22 client is located at the time service is provided.

c e r c 23 F.

Individuals not residing in a party state shall e a n b 24 continue to be able to apply for a party state's single-state u [ license as provided under the laws of each party state.

.208934.2 - 9 - 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 SB 1 Page 9 this compact shall affect the requirements established by a party state for the issuance of a single-state license.

or (2) fails to satisfy the multistate licensure requirements in Subsection C of Article 3 of the Nurse e e 17 Licensure Compact due to a disqualifying event occurring after e e n d 18 this compact's effective date shall be ineligible to retain or = = l ] 19 renew a multistate license, and the nurse's multistate license a l r i 20 shall be revoked or deactivated in accordance with applicable t e a t rules adopted by the commission.

m m 21 e d r e 22 ARTICLE 4 - Applications for Licensure in a Party State c e r c 23 A.

Upon application for a multistate license, the e a n b 24 licensing board in the issuing party state shall ascertain, u [ through the coordinated licensure information system, whether .208934.2 - 10 - 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 SB 1 Page 10 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.

e e 17 (2) A multistate license shall not be issued e e n d 18 by the new home state until the nurse provides satisfactory = = l ] 19 evidence of a change in primary state of residence to the new a l r i 20 home state and satisfies all applicable requirements to obtain t e a t a multistate license from the new home state.

m m 21 e d r e 22 D.

If a nurse changes primary state of residence by c e r c 23 moving from a party state to a non-party state, the multistate e a n b 24 license issued by the prior home state will convert to a u [ single-state license, valid only in the former home state.

.208934.2 - 11 - ARTICLE 5 - Additional Authorities Invested in Party State Licensing Boards SB 1 Page 11 A.

e e 17 (2) issue cease and desist orders or impose an e e n d 18 encumbrance on a nurse's authority to practice within that = = l ] 19 party state;

a l r i 20 (3) complete any pending investigations of a t e a t nurse who changes primary state of residence during the course m m 21 e d r e 22 of such investigations.

The licensing board shall also have c e r c 23 the authority to take appropriate action(s) and shall promptly e a n b 24 report the conclusions of such investigations to the u [ administrator of the coordinated licensure information system.

.208934.2 - 12 - The administrator of the coordinated licensure information system shall promptly notify the new home state SB 1 Page 12 of any such actions;

(5) obtain and submit, for each nurse e e 17 licensure applicant, fingerprint or other biometric-based e e n d 18 information to the federal bureau of investigation for criminal = = l ] 19 background checks, receive the results of the federal bureau of a l r i 20 investigation record search on criminal background checks and t e a t use the results in making licensure decisions;

m m 21 e d r e 22 (6) if otherwise permitted by state law, c e r c 23 recover from the affected nurse the costs of investigations and e a n b 24 disposition of cases resulting from any adverse action taken u [ against that nurse;

and .208934.2SB -1 13Page -13 (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.

The home state licensing board shall deactivate the multistate licensure e e 17 privilege under the multistate license of any nurse for the e e n d 18 duration of the nurse's participation in an alternative = = l ] 19 program.

a l r i 20 ARTICLE 6 - Coordinated Licensure Information System and t e a t Exchange of Information m m 21 e d r e 22 A.

All party states shall participate in a c e r c 23 coordinated licensure information system of all licensed e a n b 24 registered nurses and licensed practical or vocational SB 1 Page 14 nurses.

u [ This system will include information on the licensure and .208934.2 - 14 - disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

Current significant investigative information e e 17 and participation in nonpublic or confidential alternative e e n d 18 programs shall be transmitted through the coordinated licensure = = l ] 19 information system only to party state licensing boards.

a l r i 20 E.

Notwithstanding any other provision of law, all t e a t party state licensing boards contributing information to the m m 21 e d r e 22 coordinated licensure information system may designate c e r c 23 information that may not be shared with non-party states or eSB a1 nPage b15 24 disclosed to other entities or individuals without the express u [ permission of the contributing state.

.208934.2 - 15 - F.

e e 17 (3) information related to alternative program e e n d 18 participation;

and = = l ] 19 (4) other information that may facilitate the a l r i 20 administration of this compact, as determined by commission t e a t rules.

m m 21 e d r e 22 I.

The compact administrator of a party state shall c e r c 23 provide all investigative documents and information requestedSB e1 aPage n16 brequested 24 by another party state.

u [ ARTICLE 7 - Establishment of the Interstate Commission of Nurse .208934.2 - 16 - Licensure Compact Administrators A.

Membership, Voting and Meetings e e 17 (1) Each party state shall have and be limited e e n d 18 to one administrator.

The head of the state licensing board or = = l ] 19 designee shall be the administrator of this compact for each a l r i 20 party state.

Any administrator may be removed or suspended t e a t from office as provided by the law of the state from which the m m 21 e d r e 22 administrator is appointed.

Any vacancy occurring in the c e r c 23 commission shall be filled in SB 1 Page 17 accordance with the laws of the e a n b 24 party state in which the vacancy exists.

u [ (2) Each administrator shall be entitled to .208934.2 - 17 - 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.

e e 17 (a) noncompliance of a party state with e e n d 18 its obligations under this compact;

= = l ] 19 (b) the employment, compensation, a l r i 20 discipline or other personnel matters, practices or procedures t e a t related to specific employees or other matters related to the m m 21 e d r e 22 commission's internal personnel practices and SB 1 Page 18 procedures;

c e r c 23 (c) current, threatened or reasonably e a n b 24 anticipated litigation;

u [ (d) negotiation of contracts for the .208934.2 - 18 - purchase or sale of goods, services or real estate;

e e 17 (6) If a meeting, or portion of a meeting, is e e n d 18 closed pursuant to this provision, the commission's legal = = l ] 19 counsel or designee shall certify that the meeting may be a l r i 20 closed and shall reference each relevant exempting provision.

tSB e1 aPage t19 The commission shall keep minutes that fully and clearly m m 21 e d r e 22 describe all matters discussed in a meeting and shall provide a c e r c 23 full and accurate summary of actions taken, and the reasons e a n b 24 therefor, including a description of the views expressed.

All u [ documents considered in connection with an action shall be .208934.2 - 19 - identified in such minutes.

and (b) governing any general or specific e e 17 delegation of any authority or function of the commission;

e e n d 18 (3) providing reasonable procedures for = = l ] 19 calling and conducting meetings of the commission, ensuring a l r i 20 reasonable advance notice of all meetings and providing an tSB e1 aPage t20 opportunity for attendance of such meetings by interested m m 21 e d r e 22 parties, with enumerated exceptions designed to protect the c e r c 23 public's interest, the privacy of individuals, and proprietary e a n b 24 information, including trade secrets.

The commission may meet u [ in closed session only after a majority of the administrators .208934.2 - 20 - vote to close a meeting in whole or in part.

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 e e 17 compact after the payment or reserving of all of its debts and e e n d 18 obligations.

= = l ] 19 D.

The commission shall publish its bylaws and a l r i 20 rules, and any amendments thereto, in a convenient form on theSB t1 ePage a21 tthe website of the commission.

m m 21 e d r e 22 E.

The commission shall maintain its financial c e r c 23 records in accordance with the bylaws.

e a n b 24 F.

The commission shall meet and take such actions u [ as are consistent with the provisions of this compact and the .208934.2 - 21 - bylaws.

(5) to cooperate with other organizations that e e 17 administer state compacts related to the regulation of nursing, e e n d 18 including but not limited to sharing administrative or staff = = l ] 19 expenses, office space or other resources;

a l r i 20 (6) to hire employees, elect or appoint tSB e1 aPage t22 officers, fix compensation, define duties, grant such m m 21 e d r e 22 individuals appropriate authority to carry out the purposes of c e r c 23 this compact, and to establish the commission's personnel e a n b 24 policies and programs relating to conflicts of interest, u [ qualifications of personnel and other related personnel .208934.2 - 22 - matters;

e e 17 (11) to borrow money;

e e n d 18 (12) to appoint committees, including advisory = = l ] 19 committees comprised of administrators, state nursing a l r i 20 regulators, state legislators or their representatives,SB t1 ePage a23 trepresentatives, consumer representatives, and other such interested persons;

m m 21 e d r e 22 (13) to provide and receive information from, c e r c 23 and to cooperate with, law enforcement agencies;

e a n b 24 (14) to adopt and use an official seal;

and u [ (15) to perform such other functions as may be .208934.2 - 23 - necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.

(3) The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the e e 17 same;

nor shall the commission pledge the credit of any of the e e n d 18 party states, except by, and with the authority of, such party = = l ] 19 state.

aSB l1 rPage i24 20 (4) The commission shall keep accurate t e a t accounts of all receipts and disbursements.

The receipts and m m 21 e d r e 22 disbursements of the commission shall be subject to the audit c e r c 23 and accounting procedures established under its bylaws.

e a n b 24 However, all receipts and disbursements of funds handled by the u [ commission shall be audited yearly by a certified or licensed .208934.2 - 24 - public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

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 e e 17 wanton misconduct of that person.

e e n d 18 (2) The commission shall defend any = = l ] 19 administrator, officer, executive director, employee or aSB l1 rPage i25 20 representative of the commission in any civil action seeking to t e a t impose liability arising out of any actual or alleged act, m m 21 e d r e 22 error or omission that occurred within the scope of commission c e r c 23 employment, duties or responsibilities, or that the person e a n b 24 against whom the claim is made had a reasonable basis for u [ believing occurred within the scope of commission employment, .208934.2 - 25 - duties or responsibilities;

e e 17 ARTICLE 8 - Rulemaking e e n d 18 A.

The commission shall exercise its rulemaking =SB =1 lPage ]26 19 powers pursuant to the criteria set forth in this article and a l r i 20 the rules adopted thereunder.

Rules and amendments shall t e a t become binding as of the date specified in each rule or m m 21 e d r e 22 amendment and shall have the same force and effect as c e r c 23 provisions of this compact.

e a n b 24 B.

Rules or amendments to the rules shall be u [ adopted at a regular or special meeting of the commission.

.208934.2 - 26 - C.

(3) a request for comments on the proposed e e 17 rule from any interested person;

and eSB e1 nPage d27 18 (4) the manner in which interested persons may = = l ] 19 submit notice to the commission of their intention to attend a l r i 20 the public hearing and any written comments.

t e a t E.

Prior to adoption of a proposed rule, the m m 21 e d r e 22 commission shall allow persons to submit written data, facts, c e r c 23 opinions and arguments, which shall be made available to the e a n b 24 public.

u [ F.

The commission shall grant an opportunity for a .208934.2 - 27 - public hearing before it adopts a rule or amendment.

Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearingSB e1 ePage 1728 hearing was not held, the commission shall consider all written and e e n d 18 oral comments received.

= = l ] 19 J.

The commission shall, by majority vote of all a l r i 20 administrators, take final action on the proposed rule and t e a t shall determine the effective date of the rule, if any, based m m 21 e d r e 22 on the rulemaking record and the full text of the rule.

c e r c 23 K.

Upon determination that an emergency exists, the e a n b 24 commission may consider and adopt an emergency rule without u [ prior notice, opportunity for comment or hearing, provided that .208934.2 - 28 - 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 days after the effective date of the rule.

The commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in SB 1 Page 29 consistency or grammatical errors.

Public notice of any revisions shall be e e 17 posted on the website of the commission.

The revision shall be e e n d 18 subject to challenge by any person for a period of thirty days = = l ] 19 after posting.

The revision may be challenged only on grounds a l r i 20 that the revision results in a material change to a rule.

A t e a t challenge shall be made in writing, and delivered to the m m 21 e d r e 22 commission, prior to the end of the notice period.

If no c e r c 23 challenge is made, the revision will take effect without e a n b 24 further action.

If the revision is challenged, the revision u [ may not take effect without the approval of the commission.

.208934.2 - 29 - ARTICLE 9 - Oversight, Dispute Resolution and Enforcement A.

Default, Technical Assistance and Termination (1) If the commission determines that a SB 1 Page 30 party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, e e 17 the commission shall:

e e n d 18 (a) provide written notice to the = = l ] 19 defaulting state and other party states of the nature of the a l r i 20 default, the proposed means of curing the default or any other t e a t action to be taken by the commission;

and m m 21 e d r e 22 (b) provide remedial training and c e r c 23 specific technical assistance regarding the default.

e a n b 24 (2) If a state in default fails to cure the u [ default, the defaulting state's membership in this compact may .208934.2 - 30 - 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.

(4) A state whose membership in this compact SB 1 Page 31 has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date e e 17 of termination, including obligations that extend beyond the e e n d 18 effective date of termination.

= = l ] 19 (5) The commission shall not bear any costs a l r i 20 related to a state that is found to be in default or whose t e a t membership in this compact has been terminated unless agreed m m 21 e d r e 22 upon in writing between the commission and the defaulting c e r c 23 state.

e a n b 24 (6) The defaulting state may appeal the action u [ of the commission by petitioning the United States district .208934.2 - 31 - court for the District of Columbia or the federal district in which the commission has its principal offices.

(3) In the event the commission cannot resolve disputes among party states arising under this SB 1 Page 32 compact:

(a) the party states may submit the issues in dispute to an arbitration panel, which will be e e 17 comprised of individuals appointed by the compact administrator e e n d 18 in each of the affected party states and an individual mutually = = l ] 19 agreed upon by the compact administrators of all the party a l r i 20 states involved in the dispute;

and t e a t (b) the decision of a majority of the m m 21 e d r e 22 arbitrators shall be final and binding.

c e r c 23 D.

Enforcement e a n b 24 (1) The commission, in the reasonable exercise u [ of its discretion, shall enforce the provisions and rules of .208934.2 - 32 - this compact.

The commission may SB 1 Page 33 pursue any other remedies available under federal or state law.

This compact shall become effective and binding e e 17 on the earlier of the date of legislative enactment of this e e n d 18 compact into law by no less than twenty-six states or December = = l ] 19 31, 2018.

All party states to this compact that were parties a l r i 20 to the prior compact shall be deemed to have withdrawn from the t e a t prior compact within six months after the effective date of m m 21 e d r e 22 this compact.

c e r c 23 B.

Each party state to this compact shall continue e a n b 24 to recognize a nurse's multistate licensure privilege to u [ practice in that party state issued under the prior compact .208934.2 - 33 - until such party state has withdrawn from the prior compact.

Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure SB 1 Page 34 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.

e e 17 No amendment to this compact shall become effective and binding e e n d 18 upon the party states unless and until it is enacted into the = = l ] 19 laws of all party states.

a l r i 20 G.

Representatives of non-party states to this t e a t compact shall be invited to participate in the activities of m m 21 e d r e 22 the commission, on a nonvoting basis, prior to the adoption of c e r c 23 this compact by all states.

e a n b 24 ARTICLE 11 - Construction and Severability u [ This compact shall be liberally construed so as to .208934.2 - 34 - effectuate the purposes thereof.

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 SB 1 Page 35 to the party state affected as to all severable matters."." SECTION 2.

DIVERSION PROGRAM CREATED--ADVISORY e e 17 COMMITTEE--RENEWAL FEE--REQUIREMENTS--IMMUNITY FROM CIVIL e e n d 18 ACTIONS.-- = = l ] 19 A.

The board shall establish a diversion program to a l r i 20 rehabilitate nurses whose competencies may be impaired because t e a t of the abuse of drugs or alcohol so that nurses can be treated m m 21 e d r e 22 and returned to or continue the practice of nursing in a manner c e r c 23 that will benefit the public.

The intent of the diversion e a n b 24 program is to develop a voluntary alternative to traditional u [ disciplinary actions and an alternative to lengthy and costly .208934.2 - 35 - investigations and administrative proceedings against such nurses, at the same time providing adequate safeguards for the public.

The executive officer of the board or [his] the executive officer's designee shall be the liaison between each regional advisory committee and the board.

SB 1 Page 36 C.

(1) establish criteria for continuance in the e e 17 program;

e e n d 18 (2) develop a written diversion program = = l ] 19 contract to be approved by the board that sets forth the a l r i 20 requirements that shall be met by the nurse and the conditions t e a t under which the diversion program may be successfully completed m m 21 e d r e 22 or terminated;

c e r c 23 (3) recommend to the board in favor of or e a n b 24 against each nurse's discharge from the diversion program;

u [ (4) evaluate each nurse's progress in recovery .208934.2 - 36 - and compliance with [his ] the nurse's diversion program contract;

SB 1 Page 37 E.

Files of nurses in the diversion program shall be maintained in the board office and shall be confidential except as required to be disclosed pursuant to the Nurse Licensure Compact, when used to make a report to the board concerning a nurse who is not cooperating and complying with the diversion program contract or, with written consent of a e e 17 nurse, when used for research purposes as long as the nurse is e e n d 18 not specifically identified.

However, [such ] the files shall = = l ] 19 be subject to discovery or subpoena.

The confidential a l r i 20 provisions of this subsection are of no effect if the nurse t e a t admitted to the diversion program leaves the state prior to the m m 21 e d r e 22 completion of the program.

c e r c 23 F.

[Any ] A person making a report to the board or e a n b 24 to a regional advisory committee regarding a nurse suspected of u [ practicing nursing while habitually intemperate or addicted to .208934.2 - 37 - the use of habit-forming drugs or making a report of a nurse's progress or lack of progress in rehabilitation shall be immune from civil action for defamation or other cause of action resulting from such reports if the reports are made in good faith and with some reasonable basis in fact.

[Any ] A person admitted to the diversion program for chemically dependent nurses who fails to comply with the provisions of this section or with the rules and regulations adopted by the board pursuant to this section or with the written diversion program contract or with any amendments to SB 1 Page 38 the written diversion program contract may be subject to disciplinary action in accordance with Section 61-3-28 NMSA 1978." SECTION 3.

EMERGENCY.--It is necessary for the public e e 17 peace, health and safety that this act take effect immediately.

eSB e1 nPage d39 1825 - 38 - = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .208934.2