2001 Legislation
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HOUSE BILL NO. 4 – Nursing Bd, multistate agreements


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H0004........................................................by MR. SPEAKER
                      Requested by: Board of Nursing
NURSING BOARD - Amends and adds to existing law to authorize the Board of
Nursing to enter into multistate agreements or compacts; and to clarify the
authority of the Board of Nursing to submit significant investigative
information to the coordinated licensure information system.
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel
02/15    Rpt out - rec d/p - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/19    3rd rdg - PASSED - 68-0-2
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Campbell, Chase, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
      Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Callister, Schaefer
    Floor Sponsor -- Henbest
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to Health/Wel
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Ipsen
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 76
         Effective: 07/01/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                      HOUSE BILL NO. 4
                                       BY MR. SPEAKER
                               Requested by: Board of Nursing
  1                                        AN ACT
  9        PACT.
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION 1.  That Section 54-1404, Idaho Code, be, and the same  is  hereby
 12    amended to read as follows:
 13        54-1404.  BOARD  OF NURSING -- POWERS AND DUTIES. The board shall have all
 14    powers and duties necessary and incident  to  regulation  of  nursing  and  to
 15    enforcement of this act, including but not limited to, the power and duty:
 16        (1)  To  license  qualified  persons  for practice of nursing in Idaho; to
 17    renew licenses; to limit, restrict, amend, deny, suspend or  revoke  licenses;
 18    and to accept the voluntary surrender of a license;
 19        (2)  To  establish  standards,  criteria,  conditions and requirements for
 20    licensure and to investigate and determine eligibility and qualifications  for
 21    licensure, and to administer examinations for licensure;
 22        (3)  To  establish  standards  of conduct and practice and to regulate the
 23    use of titles, abbreviations and designations for the practice of nursing;
 24        (4)  To establish standards, criteria, and requirements for curricula  for
 25    nursing education programs and to evaluate, survey, review and approve nursing
 26    education programs subject to the provisions of section 54-1406, Idaho Code;
 27        (5)  To  evaluate  continuing  competency  of persons licensed pursuant to
 28    this act and to develop  standards which will advance the competency of licen-
 29    sees in accordance with developing scientific understanding and methods relat-
 30    ing to the practice of nursing;
 31        (6)  To receive and collect license and renewal fees assessed pursuant  to
 32    this act and to assess, receive and collect additional reasonable fees for the
 33    administration  of examinations, investigations and evaluations of applicants,
 34    issuance of temporary licenses, duplication and verification of records,  sur-
 35    veying and evaluating nursing education programs, and administrative fines not
 36    to  exceed  one  hundred  dollars ($100) for each count or separate offense of
 37    practicing nursing without current licensure, to be  deposited  in  the  state
 38    board of nursing account in the manner provided by this act;
 39        (7)  To  employ  personnel necessary to administer this act and rules pro-
 40    mulgated pursuant to this act and perform such other duties as the  board  may
 41    require. Such personnel shall include an executive director, who shall be cur-
 42    rently licensed to practice professional nursing in Idaho and who shall not be
 43    a member of the board;
  1        (8)  To  maintain  a  record  of board proceedings, annually report to the
  2    governor and maintain a public register of names  and  addresses  of  licensed
  3    nurses;
  4        (9)  To enter into interstate compacts, contracts or agreements to facili-
  5    tate the practice and regulation of nursing in this state;
  6        (10) To  make,  adopt  and publish rules pursuant to chapter 52, title 67,
  7    Idaho Code, as may be necessary or appropriate to carry out the provisions and
  8    purposes of this act.
  9        SECTION 2.  That Section 54-1413, Idaho Code, be, and the same  is  hereby
 10    amended to read as follows:
 11        54-1413.  DISCIPLINARY ACTION. (1) Grounds for discipline. The board shall
 12    have  the  power to deny any application for or renewal of license, to revoke,
 13    suspend or amend any license issued pursuant to  this  act  and  to  limit  or
 14    restrict  the practice of any licensee, upon a determination by the board that
 15    the person:
 16        (a)  Made, or caused to be made, a false, fraudulent or  forged  statement
 17        or representation in procuring or attempting to procure a license to prac-
 18        tice nursing; or
 19        (b)  Practiced nursing under a false or assumed name; or
 20        (c)  Is convicted of a felony or of any offense involving moral turpitude;
 21        or
 22        (d)  Is  or  has  been grossly negligent or reckless in performing nursing
 23        functions; or
 24        (e)  Habitually uses alcoholic beverages or narcotic, hypnotic or halluci-
 25        nogenic drugs; or
 26        (f)  Is physically or mentally unfit to practice nursing; or
 27        (g)  Violates the provisions of this act or rules and standards of conduct
 28        and practice as may be adopted by the board; or
 29        (h)  Otherwise engages in  conduct  of  a  character  likely  to  deceive,
 30        defraud or endanger patients or the public; or
 31        (i)  Has  had  a  license  to practice nursing suspended or revoked in any
 32        jurisdiction. A certified copy of the order of  suspension  or  revocation
 33        shall be prima facie evidence of such suspension or revocation.
 34        (2)  (a)  Proceedings.  The executive director shall conduct such investi-
 35        gations and initiate such proceedings as necessary  to  insure  compliance
 36        with  this  section.  The  board  may  accept the voluntary surrender of a
 37        license from any nurse under investigation and accordingly enter an  order
 38        revoking or suspending such license and/or imposing such conditions, limi-
 39        tations,  or  restrictions  on  the  practice  of any such nurse as may be
 40        appropriate in the discretion of the board. Otherwise, every  person  sub-
 41        ject  to  disciplinary  proceedings  shall  be afforded an opportunity for
 42        hearing after reasonable notice. All proceedings  hereunder  shall  be  in
 43        accordance with chapter 52, title 67, Idaho Code.
 44        (b)  Hearings  shall  be conducted by the board or by persons appointed by
 45        the board to conduct hearings and receive evidence. The board and any per-
 46        son duly appointed by the board to conduct hearings shall have all  powers
 47        as are necessary and incident to orderly and effective receipt of evidence
 48        including,  but not limited to, the power to administer oaths, and to com-
 49        pel by subpoena attendance of witnesses and production of  books,  records
 50        and  things  at  the hearing or at a deposition taken by a party in accor-
 51        dance with the Idaho rules of civil procedure. Any party shall be entitled
 52        to the use of subpoena upon application therefor.
 53        (c)  In the event any person fails to comply with  a  subpoena  personally
  1        served upon him or refuses to testify to any matter regarding which he may
  2        be  lawfully  interrogated, the board shall petition the district court in
  3        the county where such failure or  refusal occurred or  where  such  person
  4        resides,  to  enforce  such subpoena or compel such testimony. Proceedings
  5        before the district court shall be for contempt in the same nature as con-
  6        tempt of court for failure or refusal to comply with an order of the court
  7        and the court shall have the same powers to secure  compliance  with  sub-
  8        poena  and  testimony  or to impose penalties as in contempt of court pro-
  9        ceedings.
 10        (3)  Probation/Subsequent review. Any order of  the  board  entered  under
 11    this  section  may  be  withheld  or suspended for a probationary period to be
 12    fixed by the board upon such terms and conditions as  may  be  appropriate  in
 13    order  to  regulate,  monitor  and/or supervise the practice of nursing by the
 14    licensee subject to such order for the  prescribed  probationary  period.  Any
 15    order of the board entered under this section may be withdrawn, reversed, mod-
 16    ified  or  amended  upon a showing by the person subject to the order that the
 17    grounds for discipline no longer exist or that he is rehabilitated,  qualified
 18    and  competent  to  practice nursing and that he is not likely to violate this
 19    act or rules adopted hereunder in the future.  The board may, as  a  condition
 20    to  withdrawal,  reversal, modification or amendment of the order, require the
 21    person to pay all or part of the costs incurred by the  board  in  proceedings
 22    upon which the order was entered.
 23        (4)  Reporting investigative information. Nothing in section 9-340C(8) and
 24    (9),  Idaho Code, shall be construed as limiting the authority of the board to
 25    report current significant investigative information to the coordinated licen-
 26    sure information system for transmission to states that  are  parties  to  any
 27    multistate agreements or compacts regarding nurse licensure.
 28        SECTION  3.  That  Chapter  14,  Title 54, Idaho Code, be, and the same is
 29    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 30    ignated as Section 54-1418, Idaho Code, and to read as follows:
 31        54-1418.  NURSE  LICENSURE  COMPACT. The terms and conditions of the nurse
 32    licensure compact are hereby enacted in substantially the following form:
 33                               NURSE LICENSURE COMPACT
 34                                      ARTICLE I
 35                         FINDINGS AND DECLARATION OF PURPOSE
 36        (1)  The party states find that:
 37        (a)  The health and safety of the public are affected  by  the  degree  of
 38        compliance with and the effectiveness of enforcement activities related to
 39        state nurse licensure laws;
 40        (b)  Violations  of nurse licensure and other laws regulating the practice
 41        of nursing may result in injury or harm to the public;
 42        (c)  The expanded mobility of nurses and the use of advanced communication
 43        technologies as part of our nation's health care delivery  system  require
 44        greater  coordination  and  cooperation among states in the areas of nurse
 45        licensure and regulation;
 46        (d)  New practice modalities and technology make compliance with  individ-
 47        ual state nurse licensure laws difficult and complex; and
 48        (e)  The  current system of duplicative licensure for nurses practicing in
 49        multiple states is cumbersome and redundant to both nurses and states.
 50        (2)  The general purposes of this compact are to:
 51        (a)  Facilitate the states' responsibility to protect the public's  health
  1        and safety;
  2        (b)  Ensure  and encourage the cooperation of party states in the areas of
  3        nurse licensure and regulation;
  4        (c)  Facilitate the exchange of information between party  states  in  the
  5        areas of nurse regulation, investigation and adverse actions;
  6        (d)  Promote compliance with the laws governing the practice of nursing in
  7        each jurisdiction; and
  8        (e)  Invest  all  party states with the authority to hold a nurse account-
  9        able for meeting all state practice laws in the state in which the patient
 10        is located at the time care is rendered through the mutual recognition  of
 11        party state licenses.
 12                                      ARTICLE II
 13                                     DEFINITIONS
 14    As used in this compact:
 15        (1)  "Adverse action" means a home or remote state action.
 16        (2)  "Alternative  program"  means a voluntary, nondisciplinary monitoring
 17    program approved by a nurse licensing board.
 18        (3)  "Coordinated licensure information system" means an integrated  proc-
 19    ess  for  collecting,  storing  and sharing information on nurse licensure and
 20    enforcement activities related to nurse licensure laws, which is  administered
 21    by  a nonprofit organization composed of and controlled by state nurse licens-
 22    ing boards.
 23        (4)  "Current significant investigative information" means:
 24        (a)  Investigative information that a licensing board, after a preliminary
 25        inquiry that includes notification and an opportunity  for  the  nurse  to
 26        respond  if required by state law, has reason to believe is not groundless
 27        and, if proved true, would indicate more than a minor infraction; or
 28        (b)  Investigative information that indicates that the nurse represents an
 29        immediate threat to public health and safety  regardless  of  whether  the
 30        nurse has been notified and had an opportunity to respond.
 31        (5)  "Home state" means the party state which is the nurse's primary state
 32    of residence.
 33        (6)  "Home  state  action"  means  any administrative, civil, equitable or
 34    criminal action permitted by the home state's laws  which  are  imposed  on  a
 35    nurse by the home state's licensing board or other authority including actions
 36    against an individual's license such as: revocation, suspension, probation, or
 37    any other action which affects a nurse's authorization to practice.
 38        (7)  "Licensing  board"  means a party state's regulatory body responsible
 39    for issuing nurse licenses.
 40        (8)  "Multistate licensure privilege" means  current,  official  authority
 41    from  a remote state permitting the practice of nursing as either a registered
 42    nurse or a licensed practical/vocational nurse in such party state. All  party
 43    states  have the authority, in accordance with existing state due process law,
 44    to take actions against the nurse's privilege such as: revocation, suspension,
 45    probation or any other action which affects a nurse's authorization  to  prac-
 46    tice.
 47        (9)  "Nurse"  means  a  registered  nurse or licensed practical/vocational
 48    nurse, as those terms are defined by each party's state practice laws.
 49        (10) "Party state" means any state that has adopted this compact.
 50        (11) "Remote state" means a party state, other than the home state:
 51        (a)  Where the patient is located at the time nursing care is provided; or
 52        (b)  In the case of the practice of nursing not involving  a  patient,  in
 53        such party state where the recipient of nursing practice is located.
 54        (12) "Remote state action" means:
  1        (a)  Any  administrative, civil, equitable or criminal action permitted by
  2        a remote state's laws which are imposed on a nurse by the  remote  state's
  3        licensing   board   or   other  authority  including  actions  against  an
  4        individual's multistate licensure privilege  to  practice  in  the  remote
  5        state; and
  6        (b)  Cease  and  desist and other injunctive or equitable orders issued by
  7        remote states or the licensing boards thereof.
  8        (13) "State" means a state, territory, or possession of the United States,
  9    the District of Columbia, or the Commonwealth of Puerto Rico.
 10        (14) "State practice laws" means those individual party's state  laws  and
 11    rules  or regulations that govern the practice of nursing, define the scope of
 12    nursing practice, and create the methods and grounds for imposing  discipline.
 13    "State  practice  laws" does not include the initial qualifications for licen-
 14    sure or requirements necessary to obtain and  retain  a  license,  except  for
 15    qualifications or requirements of the home state.
 16                                     ARTICLE III
 18        (1)  A  license to practice registered nursing issued by a home state to a
 19    resident in that state will be recognized by each party state as authorizing a
 20    multistate licensure privilege to practice as a registered nurse in such party
 21    state. A license to practice licensed practical/vocational nursing issued by a
 22    home state to a resident in that state will be recognized by each party  state
 23    as  authorizing  a  multistate  licensure  privilege to practice as a licensed
 24    practical/vocational nurse in such party state. In order to obtain or retain a
 25    license, an applicant must meet the home state's qualifications for  licensure
 26    and license renewal as well as all other applicable state laws.
 27        (2)  Party states, in accordance with state due process laws, may limit or
 28    revoke  the  multistate  licensure privilege of any nurse to practice in their
 29    state and may take any other actions under their applicable state laws  neces-
 30    sary  to  protect  the  health  and safety of their citizens. If a party state
 31    takes such action, it shall promptly notify the administrator of  the  coordi-
 32    nated  licensure  information  system.  The  administrator  of the coordinated
 33    licensure information system shall promptly notify the home state of any  such
 34    actions by remote states.
 35        (3)  Every  nurse  practicing  in a party state must comply with the state
 36    practice laws of the state in which the patient is located at the time care is
 37    rendered. In addition, the practice of nursing is not limited to patient care,
 38    but shall include all nursing practice as defined by the state  practice  laws
 39    of  a  party state. The practice of nursing will subject a nurse to the juris-
 40    diction of the nurse licensing board and the courts, as well as the  laws,  in
 41    that party state.
 42        (4)  This  compact  does  not  affect  additional  requirements imposed by
 43    states for advanced practice registered nursing. However, a multistate  licen-
 44    sure  privilege  to practice registered nursing granted by a party state shall
 45    be recognized by other party states as a license to practice registered  nurs-
 46    ing  if  one  is  required  by  state law as a precondition for qualifying for
 47    advanced practice registered nurse authorization.
 48        (5)  Individuals not residing in a party state shall continue to  be  able
 49    to  apply  for  nurse  licensure  as provided for under the laws of each party
 50    state. However, the license granted to these individuals will  not  be  recog-
 51    nized  as  granting the privilege to practice nursing in any other party state
 52    unless explicitly agreed to by that party state.
  1                                      ARTICLE IV
  3        (1)  Upon application for a license, the licensing board in a party  state
  4    shall ascertain, through the coordinated licensure information system, whether
  5    the  applicant  has  ever  held,  or is the holder of, a license issued by any
  6    other party state, whether there are any restrictions on the multistate licen-
  7    sure privilege, and whether any other adverse action by  any  state  has  been
  8    taken against the license.
  9        (2)  A  nurse  in a party state shall hold licensure in only one (1) party
 10    state at a time, issued by the home state.
 11        (3)  A nurse who intends to change primary state of  residence  may  apply
 12    for  licensure  in  the new home state in advance of such change. However, new
 13    licenses will not be issued by a party state until after a nurse provides evi-
 14    dence of change in primary state of residence satisfactory  to  the  new  home
 15    state's licensing board.
 16        (4)  When a nurse changes primary state of residence by:
 17        (a)  Moving  between  two (2) party states, and obtains a license from the
 18        new home state, the license from the former home state is no longer valid;
 19        (b)  Moving from a nonparty state to a party state, and obtains a  license
 20        from  the  new  home  state,  the  individual  state license issued by the
 21        nonparty state is not affected and will remain in full force  if  so  pro-
 22        vided by the laws of the nonparty state;
 23        (c)  Moving  from a party state to a nonparty state, the license issued by
 24        the prior home state converts to an individual state license,  valid  only
 25        in  the  former  home state, without the multistate licensure privilege to
 26        practice in other party states.
 27                                      ARTICLE V
 28                                   ADVERSE ACTIONS
 29    In addition to the general provisions described in article III, the  following
 30    provisions apply:
 31        (1)  The  licensing  board  of a remote state shall promptly report to the
 32    administrator of the coordinated licensure information system any remote state
 33    actions including the factual and legal basis for such action, if  known.  The
 34    licensing  board  of a remote state shall also promptly report any significant
 35    current investigative information yet to result in a remote state action.  The
 36    administrator  of  the coordinated licensure information system shall promptly
 37    notify the home state of any such reports.
 38        (2)  The licensing board of a party state shall have the authority to com-
 39    plete any pending investigations for a nurse who changes primary state of res-
 40    idence during the course of  such  investigations.  It  shall  also  have  the
 41    authority to take appropriate action(s), and shall promptly report the conclu-
 42    sions of such investigations to the administrator of the coordinated licensure
 43    information system. The administrator of the coordinated licensure information
 44    system shall promptly notify the new home state of any such actions.
 45        (3)  A  remote  state  may  take  adverse  action affecting the multistate
 46    licensure privilege to practice within that party  state.  However,  only  the
 47    home  state  shall have the power to impose adverse action against the license
 48    issued by the home state.
 49        (4)  For purposes of imposing adverse action, the licensing board  of  the
 50    home  state  shall  give  the  same  priority  and  effect to reported conduct
 51    received from a remote state as it would if such conduct had  occurred  within
 52    the  home  state.  In so doing, it shall apply its own state laws to determine
 53    appropriate action.
 54        (5)  The home state may take adverse action based on the factual  findings
  1    of  the  remote  state,  so  long as each state follows its own procedures for
  2    imposing such adverse action.
  3        (6)  Nothing in this compact shall override a party state's decision  that
  4    participation  in  an  alternative  program  may  be used in lieu of licensure
  5    action and that such participation shall remain nonpublic if required  by  the
  6    party state's laws. Party states must require nurses who enter any alternative
  7    programs  to agree not to practice in any other party state during the term of
  8    the alternative program without prior  authorization  from  such  other  party
  9    state.
 10                                      ARTICLE VI
 12    Notwithstanding  any  other  powers,  party state nurse licensing boards shall
 13    have the authority to:
 14        (1)  If otherwise permitted by state law, recover from the affected  nurse
 15    the  costs  of  investigations  and  disposition  of  cases resulting from any
 16    adverse action taken against that nurse;
 17        (2)  Issue subpoenas for both hearings and  investigations  which  require
 18    the attendance and testimony of witnesses and the production of evidence. Sub-
 19    poenas  issued  by a nurse licensing board in a party state for the attendance
 20    and testimony of witnesses, and/or the production  of  evidence  from  another
 21    party  state,  shall be enforced in the latter state by any court of competent
 22    jurisdiction, according to the practice and procedure of that court applicable
 23    to subpoenas issued in proceedings pending before it.  The  issuing  authority
 24    shall  pay  any witness fees, travel expenses, mileage and other fees required
 25    by the service statutes of the state where the witnesses and/or  evidence  are
 26    located;
 27        (3)  Issue  cease and desist orders to limit or revoke a nurse's authority
 28    to practice in their state; and
 29        (4)  Promulgate uniform rules and regulations as provided for  in  article
 30    VIII(3).
 31                                     ARTICLE VII
 33        (1)  All  party states shall participate in a cooperative effort to create
 34    a  coordinated  database  of  all  licensed  registered  nurses  and  licensed
 35    practical/vocational nurses. This  system  will  include  information  on  the
 36    licensure  and  disciplinary  history  of  each nurse, as contributed by party
 37    states, to assist in the  coordination  of  nurse  licensure  and  enforcement
 38    efforts.
 39        (2)  Notwithstanding any other provision of law, all party states' licens-
 40    ing  boards  shall promptly report adverse actions, actions against multistate
 41    licensure privileges, any current significant investigative information yet to
 42    result in adverse action, denials of applications, and the  reasons  for  such
 43    denials, to the coordinated licensure information system.
 44        (3)  Current  significant  investigative  information shall be transmitted
 45    through the coordinated licensure information system  only  to  party  states'
 46    licensing boards.
 47        (4)  Notwithstanding any other provision of law, all party states' licens-
 48    ing  boards  contributing information to the coordinated licensure information
 49    system may designate information that may not be shared with  nonparty  states
 50    or  disclosed  to other entities or individuals without the express permission
 51    of the contributing state.
 52        (5)  Any personally indentifiable information obtained by a party  state's
 53    licensing  board  from the coordinated licensure information system may not be
  1    shared with nonparty states or disclosed  to  other  entities  or  individuals
  2    except to the extent permitted by the laws of the party state contributing the
  3    information.
  4        (6)  Any  information contributed to the coordinated licensure information
  5    system that is subsequently required to be expunged by the laws of  the  party
  6    state  contributing  that information, shall also be expunged from the coordi-
  7    nated licensure information system.
  8        (7)  The compact administrators, acting jointly with  each  other  and  in
  9    consultation  with  the administrator of the coordinated licensure information
 10    system, shall formulate necessary and proper procedures  for  the  identifica-
 11    tion, collection, and exchange of information under this compact.
 12                                     ARTICLE VIII
 14        (1)  The  head  of the nurse licensing board, or his/her designee, of each
 15    party state shall be the administrator of this compact for his/her state.
 16        (2)  The compact administrator of each party state shall  furnish  to  the
 17    compact  administrator of each other party state any information and documents
 18    including, but not limited to, a uniform data set of investigations, identify-
 19    ing information, licensure data, and disclosable alternative program  partici-
 20    pation information to facilitate the administration of this compact.
 21        (3)  Compact  administrators  shall  have the authority to develop uniform
 22    rules to facilitate and coordinate implementation of this compact. These  uni-
 23    form rules shall be adopted by party states under the authority invested under
 24    article VI(4).
 25                                      ARTICLE IX
 26                                       IMMUNITY
 27        No  party  state or the officers or employees or agents of a party state's
 28    nurse licensing board who acts in accordance with the provisions of this  com-
 29    pact  shall  be  liable  on account of any act or omission in good faith while
 30    engaged in the performance of their duties under this compact. Good  faith  in
 31    this  article  shall not include willful misconduct, gross negligence or reck-
 32    lessness.
 33                                      ARTICLE X
 35        (1)  This compact shall enter into force and become effective  as  to  any
 36    state  when  it  has been enacted into the laws of that state. Any party state
 37    may withdraw from this compact by enacting a statute repealing the  same,  but
 38    no  such withdrawal shall take effect until six (6) months after the withdraw-
 39    ing state has given notice of the withdrawal to the  executive  heads  of  all
 40    other party states.
 41        (2)  No  withdrawal  shall  affect  the  validity  or applicability by the
 42    licensing boards of states remaining party to the compact  of  any  report  of
 43    adverse action occurring prior to the withdrawal.
 44        (3)  Nothing contained in this compact shall be construed to invalidate or
 45    prevent any nurse licensure agreement or other cooperative arrangement between
 46    a  party  state and a nonparty state that is made in accordance with the other
 47    provisions of this compact.
 48        (4)  This compact may be amended by the party states. No amendment to this
 49    compact shall become effective and binding upon the party  states  unless  and
 50    until it is enacted into the laws of all party states.
  1                                      ARTICLE XI
  2                            CONSTRUCTION AND SEVERABILITY
  3        (1)  This  compact  shall  be  liberally construed so as to effectuate the
  4    purposes thereof. The provisions of this compact shall be severable and if any
  5    phrase, clause, sentence or provision of this compact is declared to  be  con-
  6    trary  to  the  constitution of any party state or of the United States or the
  7    applicability thereof to any government, agency,  person  or  circumstance  is
  8    held  invalid,  the validity of the remainder of this compact and the applica-
  9    bility thereof to any government, agency, person or circumstance shall not  be
 10    affected  thereby.  If this compact shall be held contrary to the constitution
 11    of any state party thereto, the compact shall remain in full force and  effect
 12    as  to the remaining party states and in full force and effect as to the party
 13    state affected as to a severable matter.
 14        (2)  In the event party states find a need for settling  disputes  arising
 15    under this compact:
 16        (a)  The  party  states may submit the issues in dispute to an arbitration
 17        panel which will be comprised of an individual appointed  by  the  compact
 18        administrator  in  the  home state; an individual appointed by the compact
 19        administrator in the remote state(s) involved; and an individual  mutually
 20        agreed upon by the compact administrators of all the party states involved
 21        in the dispute; and
 22        (b)  The  decision  of  a  majority  of the arbitrators shall be final and
 23        binding.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 10471

The purpose of this proposed legislation is to adopt the Interstate
Compact for Mutual Recognition of Licensure and provide authority
for the Board of Nursing to become a signatory party.

                         FISCAL IMPACT

There may be a negative impact.  It is anticipated that multi-state
regulation will reduce the number of applications and licenses,
which will reduce payments of licensing and application fees.

Name:   Sandra Evans, Idaho State Board of Nursing
Phone:  334-3110

Statement of Purpose/Fiscal Note            Bill No.  H4