AGENDA Midyear Meeting of the Commission · Join WebEx meeting Meeting number: 929 460 056 Meeting...

AGENDA

Midyear Meeting of the Commission

March 25, 2019 9:00 am- 4:30 pm

(Breakfast 8:00 am to 9:00 am) Hyatt Regency Hotel; Regency West Ballroom

San Antonio, TX

(This meeting will be audio-recorded)

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Number Time Action Agenda Item Attachment

1. 9:00 am

a) Call to Order (Chair, S. Tedford) b) Roll Call; acknowledge those who

dialed in (M. Bieniek) c) Introduce/Welcome New

Commissioners (Susan Odom, Interim), Designees, and Guests (Chair, S. Tedford)

d) Declare Quorum Present (Chair, S. Tedford)

e) Adopt Agenda

2.

9:20 am

Discuss / Decide

Minutes of January 8, 2019 (Tedford)

2

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3. 9:25 am Information

a) Legislative Updates (R. Fotsch)b) Government Affairs Update (E.

Vice)

3a

4. 10:00 am Information Treasurer’s Report (A. Oertwich) Handout

10:15 am BREAK

5. 10:30 am Information

Rules Committee Report (J. Ridenour)

a) Update from February 20-21Committee Meeting

b) Legal FAQs

5a

5b Handout

6. 11:00 am Information Compliance Committee Report (F.

Knight)

Self-Audit Tool for Compliance

6

7. 11:30 am Information Elections Committee Report (S. Poole/

C. LaBonde)

7

8. 11:35 am Information Chair’s Report (S. Tedford)

Commissioner Summit Follow-up

8

12:00 pm LUNCH

9. 1:00 pm Information

Training and Education Committee

Report ( K. Glazier)

a) Updated Nursys Report FactSheet

b) Update on three short 3-5 minvideos.

c) Tip of the Week for Facebook

10. 1:20 pm Information/

Decide

Strategic Plan (S. Tedford)

Adopt Purpose, Mission,Values, Four Draft StrategicInitiatives and Goals

10

11. 2:20 pm Discuss/Decide Bylaws: Proposed Amendments (S.

Tedford)

11

2:45 pm BREAK

12. 3:00 pm Discuss/Decide English Proficiency Exam

13. 3:30 pm Information Open Discussion (all)

3:40 pm ADJOURN

REFERENCE DOCUMENTS

Enhanced NLC Model Statute Statute

Final Rules Rules

Bylaws Bylaws

Commissioner Roster Commission

Committee Roster Committee

Map of eNLC States Map

Duplicate Multistate License Report MSL Report

1

MINUTES NLC Commission Teleconference

January 8, 2019 2:00 PM Central

Commissioners Present:

S. Tedford, Arkansas, Chair J. Ridenour, Arizona C. Frailey, Colorado P. Zickafoose, Delaware J. Baker, Florida, Member-at-Large J. Cleghorn, Georgia S. Odom, Idaho (Interim) K. Weinberg, Iowa C. Moreland, Kansas K. Lyon, Louisiana RN K. Esquibel, Maine P. Johnson, Mississippi, Member-at-Large L. Scheidt, Missouri M. Poortenga, Montana Ann Oertwich, Nebraska, Treasurer Commissioners Absent: P. Hagan, Kentucky (Acting EO) K. Evans, Maryland D. Nies, New Hampshire S. Pfenning, North Dakota, Vice-Chair B. Lewin, Wisconsin Staff Present: R. Fotsch, Associate Director, Legislative Affairs and State Advocacy J. Puente, Director, NLC, NCSBN M. Bieniek, Sr. Coordinator, NLC, NCSBN N. Rajwany, CIO, NCSBN K. Ward, Coordinator, Government Affairs

A. Wolf, New Hampshire (designee) S. Poole, New Mexico J. George, North Carolina K. Glazier, Oklahoma, Member-at-Large C. Moody, South Carolina G. Damgaard, South Dakota L. Lund, Tennessee K. Thomas, Texas J. Busjahn, Utah J. Douglas, Virginia M. Mayhew, West Virginia C. LaBonde, Wyoming

DRAFT 3/15/19

2

# Agenda Item Minutes

1.

a) Call to Order (Chair, S. Tedford) b) Roll Call (M. Bieniek) c) Declare Quorum Present (Chair, S. Tedford) d) Adopt Agenda (Chair, S. Tedford)

Declared a quorum present at 2:06 pm

2.

Draft Minutes of October 9, 2018

L. Scheidt made a motion to approve the minutes as drafted and P. Zickafoose seconded.

3.

Legislative Affairs Update (R. Fotsch)

R. Fotsch provided a legislative update. Nine states are anticipated to file/ introduce legislation for 2019.

IL: Has opposition from AFL-CIO. Also seeing wider range of supporters including hospital and insurance systems. Governor was elected with strong labor support.

IN: Finalizing bill language. Much positive support.

MA: Finalizing language, new session. Labor opposition.

MI: A successful bill in Indiana may add pressure to MI. No opposition noted.

NV: Sending a survey to their licensees. Good support from nurses. Plan to try again this year. SEIU opposes.

NJ: Some concerns with AG have been resolved.

PA: Will file a bill. Have some support from hospital systems.

RI: Will file a bill. Contracting with a lobbyist.

WA: There is union opposition to the bill.

4.

Rules Committee Update (J. Ridenour)

Co-chair J. Ridenour provided the report.

Met Oct 25-26 and next meeting is Feb 21-22.

New vice-chair is Brett Thompson.

Subcommittee has been working on Legal FAQs, which will be available in the next month.

Dial-in to rules committee meeting worked well. Will continue this.

Chair F. Knight provided the report.

3

5.

Compliance Committee Update (F. Knight)

Compliance committee charge is to develop a self-audit tool for compliance.

This will be a helpful checklist type of document that boards can use to determine if they are in compliance.

The goal is to demonstrate it to members at Midyear meeting.

6.

Chair Update (Chair, S. Tedford):

a) Strategic Planning Retreat

Proceedings document

Four Draft Strategic Initiatives 1. Partnership Development

/Collaboration 2. Education 3. Communications/Marketing/PR 4. Data Collection & Analysis

b) Commission Summit, Feb 22-23, Dallas, TX

Chair S. Tedford provided the update. a) Strategic Planning Retreat

The retreat took place in Nashville on Nov 28-29, 2018.

R. Nelson put together brainstorming thoughts from 2 day meeting.

Page 3 includes draft mission and draft of core values.

R. Nelson did S.W.O.T. analysis on pages 6-8 and these strengths, weaknesses, opportunities, and threats are things we need to look over and evaluate.

Page 17 highlights some big strategic issues, which the executive committee discussed and gave prioritization to at the last meeting and decided that regarding the model consistency and old vs. new it was decided a commissioner summit was necessary to better address these big issues.

Objectives and metrics will be developed and these items will be available to present at the February Executive Committee meeting.

Executive Committee will bring the strategic initiatives to midyear meeting for Commissioners to review.

b) Commission Summit

The Commissioner Summit will take place on February 22-23, 2019 in Dallas, TX.

A facilitator, Dr. Lenny Marcus was hired for these two days.

The goal is for as many commissioners to be able to attend.

There will be some prep work and it is vital that you complete the prep work even if you cannot physically attend the meeting.

The focus will be philosophy related to old vs. new compact, model consistency and different stakeholder expectations.

7.

Suggestions for Commission Midyear Meeting

Agenda

Staff is collecting agenda items for the midyear

4

Tentative agenda items: a) Introduce/Welcome New Commissioners b) Minutes c) Legislative Update d) Budget Report e) Rules Committee Report f) Compliance Committee Report g) Elections Committee Report h) Strategic Plan Update i) Commissioner Summit Follow Up

meeting. Will do a call for agenda items to give you plenty of time to submit suggestions for additional agenda items.

At the midyear meeting, we will also do a follow up to the commissioner summit to provide background and any clarification needed.

8.

Legal Memo to Employers (R. Masters)

R. Masters summarized the legal memo to employers.

J. Baker made a motion to approve the memo as written and A. Oertwich seconded. The motion carried.

9.

Bylaws Proposed Amendments (S. Tedford) Reference: Article VIII Adoption and Amendment of Bylaws Any Bylaw may be adopted, amended or

repealed by a majority vote of the Commissioners, provided that written notice and the full text of the proposed action is provided to all Commissioners at least thirty (30) days prior to the meeting at which the action is to be considered. Failing the required notice, a two-third (2/3rd) majority vote of the Commissioners shall be required for such action.

According to bylaws, there is a required 30 day notice prior to vote. Members will vote on amendments at midyear.

Changes include: o adding additional member to the commission,

instead of 3 members-at-large, there will be 4. o In section 3, qualifications were added. o In order to be a nominee for chair, you have to

have been on the committee. o The vice chair must have minimum 1 year

experience as a commissioner.

Member comments included: o In 3.1., how recent must the experience be? o J. Baker commented that document clean-up is

needed. o K. Thomas suggested adding a proviso, which is a

schedule/timeline of when changes would take effect.

10.

License Denials (L. Scheidt) Example Scenario:

Licensee was disciplined in a party state, applied for a Missouri license and we denied him. He then completed probation in the party and they restored his license. He wants us to remove the denial so party state can issue him a multistate license. We really aren’t removing the denial because he has no plans to apply for a

It was suggested to take this to Rules Committee for discussion to see what solutions can come out of this, without necessarily making it a rule.

J. George suggested being cautious with making this a rule and suggested a subgroup to look at this as an issue of clarity or a procedural issue.

Ultimately, this issue will be taken to Executive Committee to decide what direction to take it into and decide who will best work on the solution.

5

Missouri license. He lives in the party state. Same situation has happened in the reverse for us with another party state where they issue declaratory orders.

11.

Open Discussion (All)

There was no additional discussion at this time.

ADJOURN

The meeting adjourned at 3:08 pm.

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MINUTES

Commission Rules Committee Meeting February 20-21, 2019

Attendees: Committee Members: 1. Joey Ridenour (AZ), Co-Chair Present 2. Brett Thompson (MS), Co-Chair Present 3. Kim Esquibel (ME) Dial in on February 20, 2019 only 4. Fred Knight (AR) Present 5. Debbie McKinney (OK) Present 6. Michelle Mayhew (WV-PN) Present 7. Carol Moody (SC) Present 8. Stacey Pfenning (ND) Present 10. Rick Masters, Special Counsel to Commission Present Staff to the Committee: Jim Puente, Director, NLC Present Maggie Bieniek, Senior Coordinator, NLC Present Executive Committee Chair: Sue Tedford Present

Number Agenda Item Minutes

1

a) Call Meeting to Order

(Co-Chairs) Joey Ridenour (Day 1) & Brett Thompson (Day 2)

b) Roll Call c) Welcome and

Introduction of Guests d) Approve Minutes of

October25-26, 2018

Chair J. Ridenour called the meeting to order at 9:12 am CT. All members were present and K. Esquibel dialed in on Feb 20, 2019. C. Moody moved to approve the minutes as written and F. Knight seconded. The motion carried.

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2.

Review Legal FAQs –

Subcommittee (Puente)

Members drafted responses to legal FAQs.

Staff is requested to send the draft legal FAQs to Commissioners for feedback from their attorney.

4.

Teleconference with IELTS:

IELTS as an English

Proficiency Exam and the

Score Report Expiration (Kate

McKeen, Recognition

Manager, IELTS)

Kate McKeen, USA Recognition Manager from IELTS dialed into the meeting.

IELTS test assesses the four skills of listening, reading, writing and speaking. The exam is paper although speaking assessment is live, face to face.

Scores are from 0 to 9; range 4-8 considered competent. Available to test 13 days in US. It is not a pass or fail test.

Scores are valid for two years. The test takes 2 hours and 45 minutes. 74% of nurses are scoring 6.5 and above.

Puerto Rico: o Puerto Rico schools may be credentialed

by CCNE, NLN or ACEN. o PR is considered a territory and in most

cases nurses are not required to take an English proficiency test.

o Many programs are taught in English in Puerto Rico.

o Kate recommends that a retest after two years is not necessary unless a performance issue exists, as identified by the employer.

5.

Continued discussion if

further guidance is needed

for Foreign Educated Nurses

& compliance with URLs

See 7 for recommendations to Executive Committee

6.

Pearson Test of English

Academic Exam and Nurses

Educated in Puerto Rico and

Foreign Countries (Kirk

Becker and Jose Martinez,

Pearson Vue)

Kirk Becker and Jose Martinez with Pearson dialed in to discuss Pearson test for English. Puerto Rico:

The clinical test in Puerto Rico is in Spanish. Students in Puerto Rico may take NCLEX or the PR exam.

English is currently part of the national educational curriculum in Puerto Rico.

One program code for all nursing programs

In 2017, 199 out of 811 candidates passed NCLEX; about 25%.

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7.

Puerto Rico Nurses and

English proficiency

requirements and CES report

The NLC does not require English proficiency for US territories, however, state statute may require it. Members spoke with Dr. Carmen Lopez from PR BON by phone and she said that most nursing programs in PR are nationally accredited. Some programs are in English and some are in Spanish. F. Knight moved to recommend to the Executive Committee that pursuant to Article II(n), the NLC statute defines individuals from Puerto Rico and other US territories as applicants whom are not foreign. Pursuant to III (c), those educated in Puerto Rico or other US territories are subject to the NLC Uniform Licensure Requirements including home state qualifications and therefore may be eligible for a multistate license and C. Moody seconded. The motion carried. F. Knight moved to notify the Executive Committee that the Rules Committee has concern about the status of Puerto Rico and the manner in which English proficiency requirements are inconsistently being required in states. While Puerto Rico is defined as a state for NLC purposes, there are concerns whether the Commission has authority with respect to this issue. The Rules Committee requests that the Executive Committee examine these inconsistencies and provide further guidance. M. Mayhew seconded and the motion carried.

8.

Call with TOEFL at 10 am CT

Feb 21

If nursing in Puerto Rico is in English, English proficiency testing may not be necessary. Generally, students do not submit scores until they are high enough to meet requirements. Subsequent retesting after passing TOEFL is not necessary if the nurse is using and working in an English language environment.

9.

Update UT, WY, FL & SC

inactivate RN licenses when

APRN is issued- S. Rhodes & J.

Puente work on educational

document

J. Ridenour moved that Members reviewed the FAQ developed by S. Rhodes and suggested changing the document tile to information and sending to the Executive Committee for further review and D. McKinney seconded. The motion carried.

10.

Preparation for MYM

Committee Report

J. Ridenour will provide the committee report at Midyear Meeting with assistance from committee members F. Knight or R. Masters as needed.

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11.

Continue to discuss ULRs

related to felony,

misdemeanor, and agreed

disposition for clarification.

What are the criteria?

A subgroup was appointed to continue work on this issue. It includes M. Mayhew, S. Pfenning, B. Thompson May and J. Ridenour.

12.

a. Crosswalk Review/Update

Tier 3 Rules

b. Develop Rulemaking

Timeline for 2019

a. Proposed Rulemaking

Upon further review, proposed rule 407 on Deactivation was deleted.

Proposed rule 408 on Encumbrance was also deleted as it did not add any new information when compared to the definition.

Proposed rule 602 related to Agreed Disposition (An agreed disposition refers to the final result in a criminal case, where the State and the Defendant agree on the outcome. The completion of the terms of the agreed disposition does not affect the disqualification for a multistate license) was moved to Definitions (sec 100).

b. Members selected dates for the rulemaking timeline. See appendix for the dates. Members recommend to the Executive Committee to not proceed with additional rulemaking in 2019 due to two current proposed rules in process which may be deferred to the next round in the interest of efficiency.

13.

Question from S. Tedford, AR

BON re: encumbered remote

PTP and home state action.

A nurse holds an active MS

Arkansas license. The nurse

receives disciplinary action on

the privilege to practice (PTP)

in another compact state that

“encumbers” the PTP. The

action may or may not be

something we would even

investigate much less take

action on. Does this make

Members discussed the scenario provided by S. Tedford and referenced the following provisions as guidance for Arkansas. See Article V(a) ii: For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action. Article II (a) i: Definition of Adverse Action

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them automatically ineligible

for a MS license and should

we automatically single-state

their AR license? Second

example, same nurse, only

the disciplinary action occurs

in a non- compact state.

When a remote state encumbers a PTP which does not result in a violation of the home state law, the home state is not required to take action that would encumber the multistate license.

14.

Should an encumbered APRN

Prescriptive Authority impact

the multi-state status of the

underlying RN license? Does

the ULR disqualifier make the

licensee ineligible for a MSL?

Due to limited time, question was not discussed and will be on next Rules Committee Meeting.

15.

Question form OK. OK issued

an RN MSL that later was

listed on the “Disciplined

Individuals Issued a new

Multistate License

report”. The individual has

an active RN SSL in Illinois

with no discipline, however

the individual’s PN SSL in

Illinois is suspended. Staff

licensed the individual with

an RN MSL since the licensee

is currently licensed in Illinois

as an RN with no discipline

on the RN license.

Is there a rule that addresses

this when it is a different

level of licensure that was

disciplined than what the

individual currently holds

within the same state?

Previous discussion # 5

Minutes October 25-26,

2018: A single state license

may be issued in this scenario

There is no applicable NLC rule. The action by the state is contingent on their application of state law. If the license is encumbered, the licensee is ineligible for a multistate license due to the applicable ULR.

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but due to the encumbrance,

which is a ULR disqualifier,

the license is ineligible for

MSL. A reprimand does not

qualify as an encumbrance.)

16.

Schedule Next Meeting

Members deferred scheduling the next meeting subject to a doodle poll by staff.

17.

Member Dial-In

Co-chair B. Thompson May provided a summary of the meeting highlights. Members were provided the opportunity to share questions or concerns with the committee. There were no questions or comments.

18.

Discuss Member-Dial In

The committee will continue to offer the option for members to dial-in to the meeting.

19.

Open Discussion

There was no additional discussion at his time.

ADJOURN

The meeting adjourned at 330 pm.

1

Self-Audit for Compliance

Item

No. Audit Item Y/N Authority Citation Evidence

Notes

Licensure Requirements

1. Is a license designated as single state if

one or more ULRs is not met and is a

notification sent to the licensee?

Rule 401.2

An applicant for licensure who is determined to be

ineligible for a multistate license, shall be notified by the

home state of the qualifications not met.

Article III c

i-xi.

2. Does the board require a declaratory

statement of primary state of residence

with initial, renewal and reinstatement

applications?

Article IV(c)(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. Rule 401. PARTY STATE RESPONSIBILITIES (1) On all application forms for multistate licensure, a party state shall require, at a minimum: (a) A declaration of a primary state of residence

Date: _______________________ Jurisdiction: _______________________

2

Item


Notes

3. Does the board issue a single state

license if a nurse declares a foreign

country as primary state of

residence?

Rule 402 (5) An applicant who is a citizen of a

foreign country, and who is lawfully present in the

United States and is applying for multistate

licensure in a party state may declare either the

applicant’s country of origin or the party state

where they are living as the primary state of

residence. If the applicant declares the foreign

country as the primary state of residence, the party

state shall not issue a multistate license, but may

issue a single state license if the applicant meets the

party state’s licensure requirements.

4. Does the board convert the multistate

license to single state upon notification

that the primary state of residence is

changed to a non-party state?

Article IV (d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.

Rule 403 (3) If a party state verifies that a licensee who holds a multistate license changes primary state of residence to a non-party state, the party state shall convert the multistate license to a single state license within fifteen (15) calendar days, and report this conversion to the Coordinated Licensure Information System.

5. When a board issues a temporary

permit/license, does it grant

multistate licensure privileges?

Rule 404. A temporary permit, license, or similar

temporary authorization to practice issued by a

party state to an applicant for licensure shall not

grant multistate licensure privileges.

3

Item


Notes

6. Does the board issue a single

state license to an individual whose

license is *encumbered?

*Reference:

Article II (e) “Encumbrance” means a revocation or

suspension of, or any limitation on, the full and

unrestricted practice of nursing imposed by a licensing

board.

Article III (c) Each party state shall require the following for

an applicant to obtain or retain a multistate license in the

home state:

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

Article V(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.

Rule 407: A party state shall determine whether a

disqualifying event will result in adverse action or

deactivation of a multistate license or privilege. Upon

deactivation due to a disqualifying event, the home state

may issue a single state license.

7. Does the board issue a single state license to an individual whose application was denied for cause until such time as the individual would be eligible for an unrestricted license in the prior state of adverse action?

Article III (c) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state: 5. Is eligible for or holds an active, unencumbered license;

4

Item

No. Audit Item Y/N Authority Citation Evidence Notes

8. Does the board complete

pending investigations of a nurse

who changes PSOR during the

investigation?

Article V(a) (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.

9. Has the board implemented

fingerprint-based state/federal

criminal background checks as a

requirement for licensure by

examination and endorsement?

Article III(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.

5

Item


Article IV(a) 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.

Enforcement Requirements

6

Item


10. Do home state disciplinary orders that

limit practice or require monitoring

include a requirement that

multistate privilege to practice is

deactivated during the term of such

orders, therefore limiting practice

to the state taking action?

Article V(b) …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.

Reference:

Article II (a):

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.

7

Item


11. If your board is the remote

state and receives the complaint,

and an investigation is opened, do

you turn on the nurse alert and

forward the investigative

documents to the home state upon

completion of the investigation or

as requested by the home state?

Article V(a)(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.

Article VI(i) The Compact administrator of a party

state shall provide all investigative documents and

information requested by another party state.

Article VI(i) The Compact administrator of a party

state shall provide all investigative documents and

information requested by another party state.

Rule 202 (2) Upon discovery that an applicant is under

investigation in another party state, the party state in

receipt of the nurse licensure application shall contact

the investigating party state and may request

investigative documents and information.

8

Item


Notes

12. Does the board issue subpoena

requests upon the request of another

party state?

Article V(a)(4) Issue subpoenas for both hearings and

investigations that require the attendance and

testimony of witnesses, as well as, the production of

evidence. Subpoenas issued by a licensing board in a

party state for the attendance and testimony of

witnesses or the production of evidence from another

party state shall be enforced in the latter state by any

court of competent jurisdiction, according to the

practice and procedure of that court applicable to

subpoenas issued in proceedings pending before it.

The issuing authority shall pay any witness fees, travel

expenses, mileage and other fees required by the

service statutes of the state in which the witnesses or

evidence are located.

13. In a remote state investigation, does the board take action against multistate privileges to practice (PTP) within your state, if warranted?

Article V(a)(1) 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.

14. Does the home state treat remote state actions the same as a remote state complaint?

Article V(a)(1) i. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.

9

Item


Notes

15. As the home state, does the board

take action based on the factual

findings of a remote state action

using your state’s administrative

process, while giving the same

priority and effect as if the violation

occurred in your state?

Article V(a)(1)

i. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.

ii. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

Article V(a) 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.

16.

Do the terms of your alternative

program prohibit practice in

remote states?

Article III(c) c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

9. Is not currently enrolled in an alternative program;

10. Is subject to self-disclosure requirements regarding current participation in an alternative program;

Article V(c) … The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

17. Does the board provide other

compact states with copies of

investigative reports, upon request?

Article VI(i) i. The Compact administrator of a

party state shall provide all investigative documents

and information requested by another party state.

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Item


Notes

18. Does the board issue cease and

desist orders to stop a nurse from

practicing in your state?

Article V(a)(2) In addition to the other powers conferred by state law, a licensing board shall have the authority to:

2. Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.

Nursys Requirements

11

Item


Notes

19. Does the board submit required data including any home or remote state discipline action and any data corrections, including expungement to Nursys within 15 calendar days?

Rule 201

(1) The Compact Administrator of each party state

shall furnish uniform data to the Coordinated

Licensure Information System, which shall consist

of the following:

actions, as defined by the contributing state

authority;…

(e) public emergency and final disciplinary actions,

as defined by the contributing state authority;

(f) a change in the status of a disciplinary action or

licensure encumbrance;

(g) status of multistate licensure privileges;

(l) a correction to a licensee’s data.

(4) A party state shall report the items in the

uniform data set to the Coordinated Licensure

Information System within fifteen (15) calendar

days of the date on which the action is taken.

Article VI(g)

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.

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Item


20. Does the board activate the

Nurse Alert when there is an

investigation?

Article II 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. Article VI c. All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, … d. Current significant investigative information … shall be transmitted through the coordinated licensure information system only to party state licensing boards.

21. Does the board deactivate the

Nurse Alert when entering disciplinary

action, agreements or an order

requiring participation in alternative

programs or agreements which limit

practice or require monitoring or

dismissal of complaint?

Nursys Policy 12.16

22. Does the board submit licensure

information daily?

Nursys Policy 12.4

23.

Does the board process speed memos

on a daily basis?

Best Practice Recommendation

13

24. Do you complete an investigation

regardless of the change of primary

state of legal residency during the

investigation?

Article V (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.

14

Item


Alternative to Discipline (ATD) Program

25. Do you turn on the Alternative

program participation indicator in

Nursys?

Article VI(c)

c. All licensing boards shall promptly report to the coordinated licensure information system any … nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

Rule 201

(1) The Compact Administrator of each party state shall furnish uniform data to the Coordinated Licensure

(h) current participation by the nurse in an alternative program;

26. Are the licenses of participants

In the alternative program

d e s i gn at e d a s “single state

Article III(c) c. Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:

9. Is not currently enrolled in an alternative program;

Article V(c) The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

EXECUTIVE COMMITTEE POSITIONS

Chair: Sue Tedford, MNSc, APRN, RN (NLC Commissioner – Arkansas )

Executive Director, Arkansas Board of Nursing

Term expires: September 30, 2019

Member-At-Large: Kim Glazier, RN, M.Ed. (NLC Commissioner-Oklahoma) Executive Director, Oklahoma Board of Nursing Term expires: September 30, 2019

Member-At-Large: Joe Baker, Jr. (NLC Commissioner-Florida) Executive Director, Florida Board of Nursing Term expires: September 30, 2019

Feb 23, 2019

Advisory Opinion of the NLC Commission in Consultation with Legal Counsel

1. A home state may issue a single state license to an applicant who applies for a single state license.

Example: an applicant with primary state of residence in Wisconsin may be issued a single state license subject to state licensure requirements

2. The party state may issue a single state license to an applicant who does not qualify for a multistate license in the primary state of residence.

Example: a nurse with primary state of residence in Idaho who holds a single state license due to ineligibility for a multistate license may be issued a single state license in another party state, subject to state licensure requirements.

3. A licensee may elect not to apply for a multistate license in the primary state of residence.

Example A: a nurse with primary state of residence in Arkansas has an encumbered single state license, upon completion of conditions, may elect to maintain the single state license.

Example B: a nurse with primary state of residence in Florida, held a single state license in Florida upon implementation of the NLC, may elect to maintain the single state license.

Example C: a nurse with primary state of residence in Arizona, does not meet grandfathering criteria, is not required to apply for a multistate license.

4. A single state licensee who declares primary state of residence in a compact state and wishes to practice in a party state should obtain a multistate license in the home state.

Example: a nurse with primary state of residence in South Carolina has always worked in North Carolina and holds a single state license in North Carolina, should apply for a South Carolina multistate license.

1

Important Nursys® Reports

Nursys® Report

What the Report Tells You

Why the Report is Important How to Access it

1) Discipline Report

This report provides you with your unencumbered licensees who have discipline on a license in another state.

Enables you to proactively identify licensees who have had action taken against their license or PTP in another jurisdiction, obtain the disciplinary documents and determine if action in your jurisdiction may be needed to protect the public.

From Nursys.org home page, on the left side, under “Resources,” click on “Discipline Report.” Tips: Might want to download Excel Report so you can add notes. Keep track of start/end dates of reports you run to eliminate duplication of work.

2) Nurse Alert Report

a. By my board against my licensees

These reports show which licensees have an active nurse alert on their record. This report variation shows nurse alerts that you enabled on your licensees.

Check Nursys® upon receipt and again right BEFORE the license issued as a part of licensure application process. Nurse alert provides notification that there is a significant investigation to guide the Board in licensure decisions. If a nurse alert is activated by another NLC state, other NLC states are required to hold application in abeyance pending resolution in the other state. (Policy 4.4) NLC policy requires nurse alert to be activated when there is a significant investigation so other jurisdictions are alerted of a pending complaint. Requirement to turn off the nurse alert within 10 days of final action. (Policy 5.6) This report should be run periodically to be sure you don’t have nurse alerts that must be turned off following final action and/or case closure.

From Nursys.org home page, click on “View Reports at Your Fingertips” near the center of the page. On the right under “Preconfigured Reports” click on “NLC Reports”. See “Nurse Alert Reports” right under the Nurse Alerts pie chart. Note that there is a drop down for the report variations a, b and c. Click on the link Nurse Alerts initiated by XX on XX Licenses. When the report appears, it will list all licenses you have ever put an nurse alert on. Click on Nurse Alert Status so it displays “ON” so you can see licensees with Alerts On. You will want to concentrate on the records where the next column “with subsequent discipline” is None.

2

Nursys® Report



b. By my board

against remote state licensees PTP

c. By remote

states against my licensees PTP

This report variation shows nurse alerts you enabled on licensees of other NLC states. This report variation shows nurse alerts enabled by other NLC states on your licensees.

Activated by your state when you have identified significant investigative information related to a PTP investigation. Activating the nurse alert facilitates the tracking of high-risk cases for timeliness and communication with other jurisdictions. It is advisable that you inform the home state that you have activated the nurse alert. A tool to track high-risk complaints in another jurisdiction against your licensee and facilitates the sharing of investigative information. This means another jurisdiction is investigating the PTP of one of your licensees.

Look at the date in the column “Initiated On” to determine if follow up is necessary. Click on Nurse Alerts drop down and select “By my board against remote state licensees” Click on Nurse Alerts drop down and select “By remote boards against my licensees”

3) Duplicate Multistate License Report

This report provides instances whereby a multistate licensee in your state also has a multistate license in another compact state.

Identify any licensees that have an active multi-state license in more than one compact state. The next step is to determine the PSOR so one of the licensees can be inactivated.

From Nursys.org home page, on the right side, under “Statistics, click on the number below “Duplicate Multistate Licenses” to produce the report. This report has functionality. Licensee’s email address – send an email to licensee. Comment field – an open text box that can be used by multiple users at the same jurisdiction to log and track notes. The text entered will be saved so that if the user opens the Duplicate Multistate License Report at a later date, the notes exist. If the record is removed from the

3

Nursys® Report



Duplicate Multistate License Report, the notes will no longer be available if the record appears on the report again at a later date. Speed Memo link - If a speed memo is sent to a jurisdiction regarding a record on the Duplicate Multistate License Report, the speed memo will be tracked on the Duplicate Multistate License Report.

4) Data Integrity Summary Report

These reports provide you with the licensee records which have incomplete data.

Resolving licensure data issues is important so that members will have access to complete licensure and discipline data which benefits the entire membership. It will also help you identify any system or training issues at the board level.

From Nursys.org home page, on the left side, under “Resources,” click on “Data Integrity Summary Report.”

4

Nursys® Reports – Member Board Notifications- for All Jurisdictions

Nursys® Report

What the Report Tells

You

Why the Report is Important

How to Access it

5) Member Board Notifications

Reports at Your Fingertips Preconfigured Reports

Nurse Alerts Added by My Jurisdiction

Nurse alerts your board added to Nursys®. This is for all boards. Facilitates compliance with policy 12.17.

The top of this report shows you exactly what is seen when this record is queried by other boards, the public side of Nursys®, and the nurse when requesting the license verification service. You should make sure the messages are correct. You might want to sort by the “Initiated On” date and make sure the nurse alert is still warranted.

Licenses with Member Board Notifications Nurse Alerts Added by my Jurisdiction

Member Board Notifications Added by My Jurisdiction

Member board notifications added by your board. Customizable by board. Missouri’s example: Missing Nurse

The top of this report shows you exactly what is seen when this record is queried by other boards, the public side of Nursys®, and the nurse when requesting the license verification service. You should make sure the messages are correct. You might want to sort by the “Added On” date and make sure the nurse alert is still warranted.

Licenses with Member Board Notifications Member Board Notifications Added by My Jurisdiction

My Licensees with licensees from other Member Boards with Notifications

Notifications (not nurse alerts) added by other boards and the person is also licensed in your jurisdiction.

You need to review each record to determine if you need to do anything about the notification. Examples: in peer assistance program; foreign educated licensed by endorsement.

Licenses with Member Board Notifications My Licensees with licenses from other Member Boards with Notifications

6) Audit Reports

5

Nursys® Report


You


How to Access it

a) Disciplined Individuals Issued a new Multistate License

Disciplined individuals issued a new or renewed active multistate license. The discipline had not been cleared with a 1280 or 1480 revision, or with automatic reinstatement before the license was issued.

Per the ULRs, eligibility for a multistate license requires that the applicant not hold an encumbered license in another state.

From Nursys.org home page, go to “Reports” at top left and click on the dropdown and select “View Reports at Your Fingertips.” On the right, click “Preconfigured Reports” and select “NLC Reports”. At right center page, see “Additional Reports.” Under that, click on NLC Audit Reports.”

b) License Issued While Nurse Alert from Another NLC Jurisdiction is ON

Active multistate licenses issued while Nurse Alert from another NLC jurisdiction was ON.

The individual you issued a multistate license to is under investigation in another state. Rule 202(2) provides: Upon discovery that an applicant is under investigation in another party state, the party state in receipt of the nurse licensure application shall contact the investigating party state and may request investigative documents and information.


c) License Renewed While Nurse Alert from Another NLC Jurisdiction is ON

Active multistate licenses that were renewed while Nurse Alert from another NLC jurisdiction was ON

The multistate licensee you renewed is under investigation in another state.


d) Discipline Entered in Nursys More Than 10 Business Days After

Licensees for which discipline on a multistate license was entered into Nursys greater

Reporting discipline is subject to compliance with federal guidelines.

From Nursys.org home page, go to “Reports” at top left and click on the dropdown and select “View Reports at Your Fingertips.”

6

Nursys® Report


You


How to Access it

Date Action was Taken

than 10 business days after action was taken.

On the right, click “Preconfigured Reports” and select “NLC Reports”. At right center page, see “Additional Reports.” Under that, click on NLC Audit Reports.”

e) Denial for Cause Entered in Nursys More Than 10 Business Days After Date Action was Taken

Applicants for which Denial for Cause was entered into Nursys greater than 10 business days after the action.

Reporting denials for cause is subject to compliance with federal guidelines.


f) Nurse Alerts ON More Than 10 Business Days After Discipline Entry

That the Nurse Alert was turned on in Nursys and was not turned off within 10 days of discipline entry in Nursys.

This is a data integrity issue as the alert is still on erroneously. Another state viewing the alert will assume the licensee is under investigation.


1

ICNLCA Strategic Plan

2019-2021

2

ICNLCA Core Purpose To enhance cross border practice and nurse mobility, thereby providing for

greater accessibility to safe healthcare.

3

ICNLCA Mission

The mission of the Interstate Commission of Nurse Licensure Compact Administrators (ICNLCA) is: To facilitate cross border nursing practice through the implementation of a nationally recognized, multistate license. ICNLCA enhances nurse mobility and public protection primarily through:

Setting uniform licensure standards,

Promoting cooperation and collaboration between party state boards of nursing,

Facilitating the exchange of data and information between party states; and

Educating stakeholders.

4

ICNLCA Core Values

Transparency

Integrity

Accountability

Visionary

Collaboration

5

Strategic Initiative I: Strategic Partner Development and Collaboration

Goal:

Develop and maintain a diverse array of well-defined, strategic, collaborative

relationships that ICNLCA can leverage to execute its mission and strategy.

6

Strategic Initiative II: Education of Boards and Stakeholders

Goals:

1. Execute a comprehensive, focused education program that increases

stakeholder confidence in and reliance on the multistate license.

2. Provide students and nurses with the knowledge they need to obtain a multistate

license.

3. Provide NLC state BONs and multistate license holders with the knowledge and

skills needed to ensure compliance with the Compact.

7

Strategic Initiative III: Marketing and Communications

Goals:

1. Increase stakeholder confidence in the Compact, resulting in an increase in

the number of Compact states.

2. Position the Nurse Licensure Compact as the best nursing licensure model

for public protection.

3. Position ICNLCA as the expert resource for the development of healthcare

Compacts in service to other healthcare professions, regulators, policy

makers, and healthcare delivery system leaders.

8

Strategic Initiative IV: Outcomes Analysis

Goals:

1. Proactively identify data gaps and engage data collection entities to fulfill

multistate license utilization and NLC impact data needs.

2. Use of data and analytics to enhance ICNLCA’s decision-making

processes and objectively determine member state compliance.

The Interstate Commission of Nurse

Licensure Compact Administrators

By-Laws

Adopted August 3, 2017, Amended August 15, 2017

1

INDEX The Interstate Commission of Nurse Licensure Compact Administrators Bylaws (Final Adopted August 3, 2017)

Article I - Commission Purpose,

Function and Bylaws Section 1. Purpose. Section 2. Functions.

Section 3. Bylaws. Article II Membership

Article III - Executive Committee Section 1.

Section 2: Election and Succession. Section 3. Duties.

Section 4. Removal of Executive Committee Members. Section 5. Vacancies

Article IV - Commission Personnel Section 1. Duties of the Director.

Article V - Meetings of the

Commission Section 1. Meetings and Notice. Section 2. Quorum.

Section 3. Voting. Section 4. Procedure.

Section 5. Public Participation in Meetings.

Article VI - Committees Section 1. Committees.

Article VII - Finance Section 1. Fiscal Year. Section 2. Budget.

Section 3. Accounting and Audit.

Section 4. Costs and Expense

Reimbursement.

Article VIII - Adoption and

Amendment of Bylaws

Article IX - Dissolution of the

Commission

Article X - Affiliation with National

Council State Boards of Nursing

2

Article I

Commission Purpose, Function and Bylaws

Section 1. Purpose.

Pursuant to the terms of the Nurse Licensure Compact, (the “Compact”), the Interstate Commission of Nurse Licensure Compact Administrators (the “Commission”) is

established as a quasi-governmental and joint public entity of the Party States to fulfill the

Compact objectives through a means of joint cooperative action among the Party

States. This is accomplished by developing a comprehensive process that facilitates the

exchange of information in the areas of licensure and investigative authority of state

boards of nursing and providing for mutual recognition of nursing licenses by all Party

States, thereby enhancing the portability and mobility of a nursing license and promoting

public protection.

Section 2. Functions.

In pursuit of the fundamental objectives set forth in the Compact, the Commission shall,

as necessary or required, exercise all of the powers and fulfill all of the duties delegated

to it by the Party States. The Commission’s activities shall include, but are not limited to,

the following: the promulgation of rules; enforcement of Commission Rules and Bylaws;

provision of dispute resolution; coordination of training and education; and the collection

and dissemination of information concerning the activities of the Compact, as provided by

the Compact, or as determined by the Commission to be warranted by, and consistent

with, the objectives and provisions of the Compact. The provisions of the Compact shall

be reasonably and liberally construed to accomplish the purposes and policies of the

Compact.

Section 3. Bylaws.

As required by the Compact, these Bylaws shall govern the management and operations

of the Commission. As adopted and subsequently amended, these Bylaws shall remain at

all times subject to, and limited by, the terms of the Compact.

Article II

Membership

The Commission membership shall be comprised as provided by the Compact. Each

Party State shall have and be limited to one voting Compact Administrator. The Compact

Administrator shall be the Commissioner of the Party State. Each Party State shall

forward the name of its Commissioner to the Chair of the Commission or designee. A

Commissioner may designate a person to serve in place of the Commissioner as the

Commissioner’s designee with respect to Commission business, including attending

Commission meetings and voting. A Commissioner must notify the Chair of the

Commission or designee of the scope and duration of the designation, prior to the

3

meeting. The Chair of the Commission shall promptly advise the Party State of the need to appoint a new Commissioner whenever a vacancy occurs.

Article III

Executive Committee

Section 1.

The Commission shall establish an Executive Committee, which shall be empowered to

act on behalf of the Commission between Commission meetings, except for rulemaking

or amendment of the Compact. The Commission shall determine the procedures, duties

and budget of the Executive Committee. The power of the Executive Committee to act on behalf of the Commission shall at all times be subject to any limitations imposed by the Bylaws, Compact or the Commission.

The Executive Committee shall consist of the Chair, Vice Chair, and Treasurer of the

Commission and four additional members of the Commission.

Section 2: Election and Succession.

The Executive Committee shall be elected by the Commission by mail or electronic

ballot. An Elections Committee shall send a call for nominations at least 50 days prior to

the election, shall announce a slate of candidates to the Commission at least 30 days

prior to the election, shall announce voting by mail or electronic ballot at least 10 days

prior to the election and shall verify and report the results of the election to the

Commission on October 1.

Any election resulting in a tie vote will be decided by lot. No Commissioner shall be nominated or eligible to serve on the Executive Committee if from a Party State in

default of its obligations under the Compact.

Members of the Executive Committee shall serve a term of two years or until a

successor is elected. No person shall serve more than two full consecutive terms in the

same office. Any candidate for the Executive Committee shall be a Commissioner who

has previously participated in the meetings of the Commission.

The election of the Executive Committee shall be as follows:

1. Chair: The chair shall be elected in odd years;

2. Vice Chair: The vice chair shall be elected in even years; 3. Treasurer: The treasurer shall be elected in even years; 4. Members-at-Large (4 positions): Members-at-large shall be two members

elected in even years; two members elected in odd years.

4

Section 3. Duties and Qualifications.

The Commission’s officers shall perform all duties of their respective offices as the

compact and these Bylaws provide. Their duties shall include, but are not limited to

the following:

1. Chair: The Chair shall call and preside at Commission and Executive Committee meetings; prepare agendas for the meetings; act on Commission’s behalf between Commission meetings. Must currently serve on the Executive Committee with a minimum of one-year experience on the Executive Committee.

2. Vice Chair: The Vice Chair shall perform the Chair duties in their absence or at the Chair’s direction. In the event of a vacancy in the Chair’s office, the Vice

Chair shall serve until the Commission elects a new Chair. Must have a minimum of one-year experience as a Commissioner.

3. Treasurer: The Treasurer, with the assistance of the Director of the Compact,

shall monitor the Commission’s fiscal policies and procedures. If the

Commission does not have a Director of the Compact, the Treasurer will also

serve as secretary and perform the duties of secretary described in Article IV

Section 1 (1).

The Executive Committee shall:

1. Administer the affairs of the Commission in a manner consistent with the Bylaws

and purpose of the Commission;

2. Propose budgets, provide fiscal oversight and provide for an annual fiscal review;

3. Propose policies and procedures for consideration by the Commission;

4. Contract for services and monitor contract compliance;

5. Monitor and enforce member compliance with the Compact;

6. Propose standing and ad hoc committees.

7. Approve and maintain its minutes;

8. Perform such other functions as are necessary or appropriate to carry out the

purpose of the Commission.

Section 4. Removal of Executive Committee Members.

Any Executive Committee member may be removed from office for good cause by a

two-third (2/3rd) majority vote of the Commission.

Section 5. Vacancies

Upon the resignation, removal, or death of a member of the Executive Committee, such vacancy shall be announced to the Commission by the Chair or designee.

An Elections Committee shall send a call for nominations 30 days prior to the election,

shall announce a slate of candidates to the Commission 20 days prior to the election, shall

announce voting by mail or electronic ballot 10 days prior to the election and shall verify

and report the results of the election to the Commission.

5

Any election resulting in a tie vote will be decided by lot. No Commissioner shall be nominated or eligible to serve on the Executive Committee if from a Party State in

default of its obligations under the Compact.

Article IV

Commission Personnel

Section 1. Duties of the Director.

The Commission, through its Executive Committee, may contract for a Director of the

Compact. As the Commission’s principal administrator, the Director shall also perform

such other duties as may be delegated by the Commission or required by the Compact

and the Bylaws, including, but not limited to, the following:

1. Serve at its discretion and act as Secretary to the Commission, but shall not be a

Member of the Commission;

2. Hire and supervise such other staff as may be authorized by the Commission;

3. Establish and manage the Commission’s office or offices as determined by the

Commission; 4. Recommend general policies and program initiatives for the Commission’s

consideration;

5. Recommend for the Commission’s consideration administrative personnel

policies governing the recruitment, hiring, management, compensation and

dismissal of Commission staff;

6. Implement and monitor administration of all policies, programs, and initiatives adopted by the Commission;

7. Prepare draft annual budgets for the Commission’s consideration;

8. Monitor the Commission’s financial performance for compliance with approved

budgets and policies, and maintain accurate records of the Commission’s financial

account(s);

9. Execute contracts on behalf of the Commission as directed;

10. Receive service of process on behalf of the Commission;

11. Prepare and disseminate all required reports and notices directed by the

Commission;

12. Assist the members of the Executive Committee in the performance of its duties;

13. Speak on behalf and represent the Commission;

14. In collaboration with legal counsel, ensure the legal integrity of the Commission

and

15. Report about policy, regulatory, political, legal or other developments of relevance to the Commission’s operation.

Article V

Meetings of the Commission

Section 1. Meetings and Notice.

6

The Commission shall meet face-to-face at least twice a year at a time and place as

determined by the Commissioners. Members may participate in meetings by telephone

or other means of telecommunication. Special meetings may be scheduled at the

discretion of the Chair, or shall be called upon the request of a majority of

Commissioners.

All Commissioners shall be given notice of Commission meetings at least thirty (30) days

prior to the scheduled date. Agendas shall be provided to all Commissioners no later than

seven (7) days prior to any meeting of the Commission. If an amendment to an agenda is

made after an agenda has been noticed, but forty-eight (48) hours prior to a regular

meeting, or twenty-four (24) hours prior to a special meeting, then the agenda is amended

upon the posting of the amended agenda.

All Commission meetings shall be open to the public, except as set forth in Commission Rules or as otherwise provided by the Compact. Prior public notice shall be as follows:

publication of notice of each meeting will be posted at least seven (7) days prior to the

meeting on the Commission's website or another website designated by the Commission

and distribution by e-mail to interested parties who have requested in writing to receive

such meeting notices. A meeting may be closed to the public if the Commission

determines by a majority vote of the Commissioners that there exists at least one of the

conditions for closing a meeting, as provided by the Compact or authorized Rules.

Section 2. Quorum.

A majority of Commissioners shall constitute a quorum for the transaction of business,

except as otherwise required in these Bylaws. The presence of a quorum must be established before any vote of the Commission can be taken.

Section 3. Voting.

Each Party State is entitled to one vote. A Commissioner shall vote on such member’s

own behalf and shall not delegate the vote to another Commissioner, except as permitted

by a designation allowed under Article II. Any question submitted for a vote of the

Commission shall be determined by a simple majority, except as otherwise required by

the Compact or the Bylaws.

Section 4. Procedure.

The rules contained in the then current edition of Robert’s Rules of Order Newly Revised

shall govern the parliamentary procedures of the commission and its committees in all

cases not provided for in these Bylaws or in any policies and procedures or any special

rules of order which are duly adopted by the Commission.

Section 5. Public Participation in Meetings.

Upon prior written request to the Commission, any person who desires to present a

7

statement on a matter on the agenda shall be afforded an opportunity to present an oral

statement to the Commission at an open meeting. The Chair may, depending on the

circumstances, allow any person who desires an opportunity to present a statement on a

matter that is on the agenda even in the absence of a prior written request to the

Commission. The Chair may limit the time and manner of public statements at any open

meeting.

Article VI

Committees

Section 1. Committees.

The Commission shall establish committees, as it deems necessary, to carry out its

objectives which shall include, but not be limited, to:

1. Rules Committee

A Rules Committee shall be established as a standing committee to develop

uniform Compact rules for consideration by the Commission and subsequent

implementation by the states and to review existing rules and recommend

necessary changes to the Commission for consideration.

2. Compliance Committee

A Compliance Committee shall be established as a standing committee to monitor a Party State’s compliance with the terms of the Compact and its authorized rules.

3. Elections Committee

An Election Committee shall be established as a standing committee to:

a. Inform the Commissioners on the responsibilities of the office; b. Encourage participation by the Commissioners in the elections process;

c. Announce nominations deadline and anticipated vacancies of the

Executive Committee of the Commission;

d. Communicate with incumbents to determine if they wish to run for re- election;

e. Accept qualified nominees and prepare a slate of candidates for the

election of the officers or members at large of the Executive Committee;

f. Present a list of candidates to the Commission including the terms of office expiration dates; and

g. Tally/verify the election results and report to the Commission.

The composition, procedures, duties, budget and tenure of all committees shall be determined through policies approved by the Commission. The Commission may dissolve any committee it determines is no longer needed.

8

Article VII

Finance

Section 1. Fiscal Year.

The Commission’s fiscal year shall begin on October 1 and end on September 30.

Membership fees in an amount to be determined by the Commission, are payable by

October 1 of each year.

Section 2. Budget.

The Commission shall operate on an annual budget cycle and shall, in any given year,

adopt budgets for the following fiscal year or years as provided by the Compact.

Section 3. Accounting and Audit.

The Commission, with the assistance of the Director, shall keep accurate and timely

accounts of its internal receipts and disbursements of the Commission funds. The receipts and disbursements of Commission funds are to be audited annually by an independent

certified or licensed accountant. The independent audit report shall be made available to

the public.

Section 4. Costs and Expense Reimbursement.

Subject to the availability of budgeted funds and unless otherwise provided by the

Commission, Commissioners and Executive Committee shall be reimbursed as allowed

by state policy for any actual and necessary expenses incurred pursuant to their

attendance at all duly convened meetings of the Commission or its committees as

provided by the Compact.

Article VIII

Adoption and Amendment of Bylaws

Any Bylaw may be adopted, amended or repealed by a majority vote of the

Commissioners, provided that written notice and the full text of the proposed action is

provided to all Commissioners at least thirty (30) days prior to the meeting at which the

action is to be considered. Failing the required notice, a two-third (2/3rd) majority vote of

the Commissioners shall be required for such action.

Article IX

Dissolution of the Commission

The Compact shall dissolve effective upon the date of the withdrawal or the termination

by default of a Party State, which reduces membership in the Compact to one Party State as provided by the Compact.

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Upon dissolution, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Commission shall be concluded in an orderly manner and according to applicable law.

Article X

Affiliation with National Council of State Boards of

Nursing

The Commission shall be affiliated with and supported by the National Council of State

Boards of Nursing, Inc. (NCSBN). The Commission shall negotiate payment for

secretariat services by the NCSBN. Payment for the secretariat services shall be made from the funds collected by NCSBN on behalf of the Commission. Funds contributed by Party States shall be held by NCSBN and disbursed for the benefit of the Commission as

decided by the Commission.

AGENDA Midyear Meeting of the Commission · Join WebEx meeting Meeting number: 929 460 056 Meeting...

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Transcript of AGENDA Midyear Meeting of the Commission · Join WebEx meeting Meeting number: 929 460 056 Meeting...