{"data":{"id":"us-ky/krs-314.475","jurisdiction":"us-ky","citation":"KRS 314.475","heading":"Nurse Licensure Compact.","body":"The Nurse Licensure Compact is hereby enacted and entered into with all other\njurisdictions that legally join in the Compact, which is, in form, substantially as follows:\nARTICLE I\nFindings and Declaration of Purpose\na. The party states find that:\n1. The health and safety of the public are affected by the degree of compliance\nwith and the effectiveness of enforcement activities related to state nurse\nlicensure laws;\n2. Violations of nurse licensure and other laws regulating the practice of nursing\nmay result in injury or harm to the public;\n3. The expanded mobility of nurses and the use of advanced communication\ntechnologies as part of our nation's health care delivery system require greater\ncoordination and cooperation among states in the areas of nurse lic ensure and\nregulation;\n4. New practice modalities and technology make compliance with individual\nstate nurse licensure laws difficult and complex;\n5. The current system of duplicative licensure for nurses practicing in multiple\nstates is cumbersome and redundant for both nurses and states; and\n6. Uniformity of nurse licensure requirements throughout the states promotes\npublic safety and public health benefits.\nb. The general purposes of this Compact are to:\n1. Facilitate the states' responsibility to protect the public's health and safety;\n2. Ensure and encourage the cooperation of party states in the areas of nurse\nlicensure and regulation;\n3. Facilitate the exchange of information between party states in the a reas of\nnurse regulation, investigation and adverse actions;\n4. Promote compliance with the laws governing the practice of nursing in each\njurisdiction;\n5. Invest all party states with the authority to hold a nurse accountable for\nmeeting all state practice laws in the state in which the patient is located at the\ntime care is rendered through the mutual recognition of party state licenses;\n6. Decrease redundancies in the consideration and issuance of nurse licenses;\nand\n7. Provide opportunities for intersta te practice by nurses who meet uniform\nlicensure requirements.\nc. The following provisions of this Compact shall apply in this state:\n1. By entering into this Compact, this state authorizes the licensing board as\ndefined in Article II. g. of this Compact and as created by KRS Chapter 314 to\nimplement the provisions of this Compact.\n2. Notwithstanding any provision of this Compact to the contrary:\ni. When a rule is adopted pursuant to Article VIII of this Compact, the\nlicensing board of this state as defined  by Article II. g. of this Compact\nshall have sixty (60) days to review the rule for the purpose of filing the\nrule as an emergency administrative regulation pursuant to KRS\n13A.190 and for filing the rule as an accompanying ordinary\nadministrative regulat ion, following the requirements of KRS Chapter\n13A. Failure by the licensing board of this state as defined by Article II.\ng. of this Compact to promulgate a rule adopted by the Interstate\nCommission of Nurse Licensure Compact Administrators as an\nadministrative regulation pursuant to KRS Chapter 13A shall result in\nthe initiation of the process for withdrawal as set forth in Article X of\nthis Compact. Nothing in these provisions shall negate the applicability\nand effect of Article VIII. j. of this Compact to this state.\nii. If the proposed administrative regulation is found deficient and the\ndeficiency is not resolved pursuant to KRS 13A.330 or 13A.335, the\nprovisions of Article IX of this Compact shall apply. In the event that\nthe procedures under Article IX of this Compact fail to resolve an issue,\nthe provisions of Article X of this Compact shall apply.\niii. In the event the Interstate Commission of Nurse Licensure Compact\nAdministrators created by Article VII of this Compact exercises its\nrulemaking auth ority in a manner that is beyond the scope of the\npurposes of this Compact, or the powers granted hereunder, then such an\naction by the Commission shall be invalid and have no force or effect.\n3. Article VII. h. of this Compact pertaining to the financing of the Commission\nshall not be interpreted to obligate the general fund of this state. Any funds\nused to finance this Compact shall be from money collected pursuant to KRS\n314.161.\n4. This Compact shall apply only to those nurses who hold a multistate license.\n5. The term \"head of the state licensing board\" as used in Article VII. b. of this\nCompact refers to the executive director of the Kentucky Board of Nursing.\nARTICLE II\nDefinitions\nAs used in this Compact:\na. \"Adverse action\" means any administrative,  civil, equitable or criminal action\npermitted by a state's laws which is imposed by a licensing board or other authority\nagainst a nurse, including actions against an individual's license or multistate\nlicensure privilege such as revocation, suspension, p robation, monitoring of the\nlicensee, limitation on the licensee's practice, or any other encumbrance on licensure\naffecting a nurse's authorization to practice, including issuance of a cease and desist\naction.\nb. \"Alternative program\" means a non-disciplinary monitoring program approved by a\nlicensing board.\nc. \"Coordinated licensure information system\" means an integrated process for\ncollecting, storing and sharing information on nurse licensure and enforcement\nactivities related to nurse licensure laws t hat is administered by a nonprofit\norganization composed of and controlled by licensing boards.\nd. \"Current significant investigative information\" means:\n1. Investigative information that a licensing board, after a preliminary inquiry\nthat includes notific ation and an opportunity for the nurse to respond, if\nrequired by state law, has reason to believe is not groundless and, if proved\ntrue, would indicate more than a minor infraction; or\n2. Investigative information that indicates that the nurse represents an immediate\nthreat to public health and safety regardless of whether the nurse has been\nnotified and had an opportunity to respond.\ne. \"Encumbrance\" means a revocation or suspension of, or any limitation on, the full\nand unrestricted practice of nursing imposed by a licensing board.\nf. \"Home state\" means the party state which is the nurse's primary state of residence.\ng. \"Licensing board\"  means a party state's regulatory body responsible for issuing\nnurse licenses.\nh. \"Multistate license\" means a license to practice as a registered or a licensed\npractical/vocational nurse (LPN/VN) issued by a home state licensing board that\nauthorizes the licensed nurse to practice in all party states under a multistate\nlicensure privilege.\ni. \"Multistate licensure privilege\" means a legal authorization associated with a\nmultistate license permitting the practice of nursing as either a registered nurse\n(RN) or LPN/VN in a remote state.\nj. \"Nurse\" means RN or LPN/VN, as those terms are defined by each party state's\npractice laws.\nk. \"Party state\" means any state that has adopted this Compact.\nl. \"Remote state\" means a party state, other than the home state.\nm. \"Single-state license\" means a nurse license issued by a party state that authorizes\npractice only within the issuing state and does not include a multistate licensure\nprivilege to practice in any other party state.\nn. \"State\" means a state, territory or possession of the United States and the District of\nColumbia.\no. \"State practice laws\" means a party state's laws, rules and regulations that govern\nthe practice of nursing, define the scope of nursing practice, and create the methods\nand grounds for impo sing discipline. \"State practice laws\" do not include\nrequirements necessary to obtain and retain a license, except for qualifications or\nrequirements of the home state.\nARTICLE III\nGeneral Provisions and Jurisdiction\na. A multistate license to practice re gistered or licensed practical/vocational nursing\nissued by a home state to a resident in that state will be recognized by each party\nstate as authorizing a nurse to practice as a registered nurse (RN) or as a licensed\npractical/vocational nurse (LPN/VN), under a multistate licensure privilege, in each\nparty state.\nb. A state must implement procedures for considering the criminal history records of\napplicants for initial multistate license or licensure by endorsement. Such\nprocedures shall include the submi ssion of fingerprints or other biometric -based\ninformation by applicants for the purpose of obtaining an applicant's criminal\nhistory record information from the Federal Bureau of Investigation and the agency\nresponsible for retaining that state's criminal records.\nc. Each party state shall require the following for an applicant to obtain or retain a\nmultistate license in the home state:\n1. Meets the home state's qualifications for licensure or renewal of licensure, as\nwell as all other applicable state laws;\n2. i. Has graduated or is eligible to graduate from a licensing board -approved\nRN or LPN/VN prelicensure education program; or\nii. Has graduated from a foreign RN or LPN/VN prelicensure education\nprogram that (a) has been approved by the authorized accr editing body\nin the applicable country and (b) has been verified  by an independent\ncredentials review agency to be comparable to a licensing board -\napproved prelicensure education program;\n3. Has, if a graduate of a foreign prelicensure education program, not taught in\nEnglish or, if English is not the individual's native language, successfully\npassed an English proficiency examination that includes the components of\nreading, speaking, writing and listening;\n4. Has successfully passed an NCLEX -RN or NCLEX -PN Examination or\nrecognized predecessor, as applicable;\n5. Is eligible for or holds an active, unencumbered license;\n6. Has submitted, in connection with an application for initial licensure or\nlicensure by endorsement, fingerprints or other biometric data  for the purpose\nof obtaining criminal history record information from the Federal Bureau of\nInvestigation and the agency responsible for retaining that state's criminal\nrecords;\n7. Has not been convicted or found guilty, or has entered into an agreed\ndisposition, of a felony offense under applicable state or federal criminal law;\n8. Has not been convicted or found guilty, or has entered into an agreed\ndisposition, of a misdemeanor of fense related to the practice of nursing as\ndetermined on a case-by-case basis;\n9. Is not currently enrolled in an alternative program;\n10. Is subject to self -disclosure requirements regarding current participation in an\nalternative program; and\n11. Has a valid United States Social Security number.\nd. All party states shall be authorized, in accordance with existing state due process\nlaw, to take adverse action against a nurse's multistate licensure privilege such as\nrevocation, suspension, probation or any  other action that affects a nurse's\nauthorization to practice under a multistate licensure privilege, including cease and\ndesist actions. If a party state takes such action, it shall promptly notify the\nadministrator of the coordinated licensure informati on system. The administrator of\nthe coordinated licensure information system shall promptly notify the home state\nof any such actions by remote states.\ne. A nurse practicing in a party state must comply with the state practice laws of the\nstate in which th e client is located at the time service is provided. The practice of\nnursing is not limited to patient care, but shall include all nursing practice as\ndefined by the state practice laws of the party state in which the client is located.\nThe practice of nur sing in a party state under a multistate licensure privilege will\nsubject a nurse to the jurisdiction of the licensing board, the courts and the laws of\nthe party state in which the client is located at the time service is provided.\nf. Individuals not residing in a party state shall continue to be able to apply for a party\nstate's single-state license as provided under the laws of each party state. However,\nthe single -state license granted to these individuals will not be recognized as\ngranting the privileg e to practice nursing in any other party state. Nothing in this\nCompact shall affect the requirements established by a party state for the issuance\nof a single-state license.\ng. Any nurse holding a home state multistate license, on the effective date of th is\nCompact, may retain and renew the multistate license issued by the nurse's then -\ncurrent home state, provided that:\n1. A nurse, who changes primary state of residence after this Compact's effective\ndate, must meet all applicable Article III.c. requirements to obtain a multistate\nlicense from a new home state.\n2. A nurse who fails to satisfy the multistate licensure requirements in Article III.\nc. of this Compact due to a disqualifying event occurring after this Compact's\neffective date shall be ineligible to retain or renew a multistate license, and the\nnurse's multistate license shall be revoked or deactivated in accordance with\napplicable rules adopted by the Interstate Commission of Nurse Licensure\nCompact Administrators (\"Commission\").\nARTICLE IV\nApplications for Licensure in a Party State\na. Upon application for a multistate license, the licensing board in the issuing party\nstate shall ascertain, through the coordinated licensure information system, whether\nthe applicant has ever held, or is the holder  of, a license issued by any other state,\nwhether there are any encumbrances on any license or multistate licensure privilege\nheld by the applicant, whether any adverse action has been taken against any license\nor multistate licensure privilege held by the  applicant and whether the applicant is\ncurrently participating in an alternative program.\nb. A nurse may hold a multistate license, issued by the home state, in only one (1)\nparty state at a time.\nc. If a nurse changes primary state of residence by moving  between two (2) party\nstates, the nurse must apply for licensure in the new home state, and the multistate\nlicense issued by the prior home state will be deactivated in accordance with\napplicable rules adopted by the Commission.\n1. The nurse may apply for  licensure in advance of a change in primary state of\nresidence.\n2. A multistate license shall not be issued by the new home state until the nurse\nprovides satisfactory evidence of a change in primary state of residence to the\nnew home state and satisfies all applicable requirements to obtain a multistate\nlicense from the new home state.\nd. If a nurse changes primary state of residence by moving from a party state to a non -\nparty state, the multistate license issued by the prior home state will convert to a\nsingle-state license, valid only in the former home state.\nARTICLE V\nAdditional Authorities Invested in Party State Licensing Boards\na. In addition to the other powers conferred by state law, a licensing board shall have\nthe authority to:\n1. Take adverse action against a nurse's multistate licensure privilege to practice\nwithin that party state.\ni. Only the home state shall have the power to take adverse action against a\nnurse's license issued by the home state.\nii. For purposes of taking adverse action, th e home state licensing board\nshall give the same priority and effect to reported conduct received from\na remote state as it would if such conduct had occurred within the home\nstate. In so doing, the home state shall apply its own state laws to\ndetermine appropriate action.\n2. Issue cease and desist orders or impose an encumbrance on a nurse's authority\nto practice within that party state.\n3. Complete any pending investigations of a nurse who changes primary state of\nresidence during the course of such investigations. The licensing board shall\nalso have the authority to take appropriate action(s) and shall promptly report\nthe conclusions of suc h investigations to the administrator of the coordinated\nlicensure information system. The administrator of the coordinated licensure\ninformation system shall promptly notify the new home state of any such\nactions.\n4. Issue subpoenas for both hearings and investigations that require the\nattendance and testimony of witnesses, as well as the production of evidence.\nSubpoenas issued by a licensing board in a party state for the attendance and\ntestimony of witnesses or the production of evidence from another pa rty state\nshall be enforced in the latter state by any court of competent jurisdiction,\naccording to the practice and procedure of that court applicable to subpoenas\nissued in proceedings pending before it. The issuing authority shall pay any\nwitness fees, travel expenses, mileage and other fees required by the service\nstatutes of the state in which the witnesses or evidence are located.\n5. Obtain and submit, for each nurse licensure applicant, fingerprint or other\nbiometric-based information to the Federal  Bureau of Investigation for\ncriminal background checks, receive the results of the Federal Bureau of\nInvestigation record search on criminal background checks and use the results\nin making licensure decisions.\n6. If otherwise permitted by state law, recov er from the affected nurse the costs\nof investigations and disposition of cases resulting from any adverse action\ntaken against that nurse.\n7. Take adverse action based on the factual findings of the remote state, provided\nthat the licensing board follows its own procedures for taking such adverse\naction.\nb. If adverse action is taken by the home state against a nurse's multistate license, the\nnurse's multistate licensure privilege to practice in all other party states shall be\ndeactivated until all encumbr ances have been removed from the multistate license.\nAll home state disciplinary orders that impose adverse action against a nurse's\nmultistate license shall include a statement that the nurse's multistate licensure\nprivilege is deactivated in all party states during the pendency of the order.\nc. Nothing in this Compact shall override a party state's decision that participation in\nan alternative program may be used in lieu of adverse action. The home state\nlicensing board shall deactivate the multistate lic ensure privilege under the\nmultistate license of any nurse for the duration of the nurse's participation in an\nalternative program.\nARTICLE VI\nCoordinated Licensure Information System and Exchange of Information\na. All party states shall participate in a coordinated licensure information system of all\nlicensed registered nurses (RNs) and licensed practical/vocational nurses\n(LPNs/VNs). This system will include information on the licensure and disciplinary\nhistory of each nurse, as submitted by party states,  to assist in the coordination of\nnurse licensure and enforcement efforts.\nb. The Commission, in consultation with the administrator of the coordinated\nlicensure information system, shall formulate necessary and proper procedures for\nthe identification, collection and exchange of information under this Compact.\nc. All licensing boards shall promptly report to the coordinated licensure information\nsystem any adverse action, any current significant investigative information, denials\nof applications (with the reasons for such denials) and nurse participation in\nalternative programs known to the licensing board regardless of whether such\nparticipation is deemed nonpublic or confidential under state law.\nd. Current significant investigative information and partic ipation in nonpublic or\nconfidential alternative programs shall be transmitted through the coordinated\nlicensure information system only to party state licensing boards.\ne. Notwithstanding any other provision of law, all party state licensing boards\ncontributing information to the coordinated licensure information system may\ndesignate information that may not be shared with non -party states or disclosed to\nother entities or individuals without the express permission of the contributing state.\nf. Any persona lly identifiable information obtained from the coordinated licensure\ninformation system by a party state licensing board shall not be shared with non -\nparty states or disclosed to other entities or individuals except to the extent\npermitted by the laws of the party state contributing the information.\ng. Any information contributed to the coordinated licensure information system that is\nsubsequently required to be expunged by the laws of the party state contributing that\ninformation shall also be expunged fro m the coordinated licensure information\nsystem.\nh. The Compact administrator of each party state shall furnish a uniform data set to the\nCompact administrator of each other party state, which shall include, at a minimum:\n1. Identifying information;\n2. Licensure data;\n3. Information related to alternative program participation; and\n4. Other information that may facilitate the administration of this Compact, as\ndetermined by Commission rules.\ni. The Compact administrator of a party state shall provide all inv estigative\ndocuments and information requested by another party state.\nARTICLE VII\nEstablishment of the Interstate Commission of Nurse Licensure Compact Administrators\na. The party states hereby create and establish a joint public entity known as the\nInterstate Commission of Nurse Licensure Compact Administrators.\n1. The Commission is an instrumentality of the party states.\n2. Venue is proper, and judicial proceedings by or  against the Commission shall\nbe brought solely and exclusively, in a court of competent jurisdiction where\nthe principal office of the Commission is located. The Commission may\nwaive venue and jurisdictional defenses to the extent it adopts or consents to\nparticipate in alternative dispute resolution proceedings.\n3. Nothing in this Compact shall be construed to be a waiver of sovereign\nimmunity.\nb. Membership, Voting and Meetings\n1. Each party state shall have and be limited to one administrator. The head of\nthe state licensing board or designee shall be the administrator of this\nCompact for each party state. Any administrator may be removed or\nsuspended from office as provided by the law of the state from which the\nAdministrator is appointed. Any vacancy o ccurring in the Commission shall\nbe filled in accordance with the laws of the party state in which the vacancy\nexists.\n2. Each administrator shall be entitled to one (1) vote with regard to the\npromulgation of rules and creation of bylaws and shall otherwi se have an\nopportunity to participate in the business and affairs of the Commission. An\nadministrator shall vote in person or by such other means as provided in the\nbylaws. The bylaws may provide for an administrator's participation in\nmeetings by telephone or other means of communication.\n3. The Commission shall meet at least once during each calendar year.\nAdditional meetings shall be held as set forth in the bylaws or rules of the\ncommission.\n4. All meetings shall be open to the public, and public notice  of meetings shall\nbe given in the same manner as required under the rulemaking provisions in\nArticle VIII of this Compact.\n5. The Commission may convene in a closed, nonpublic meeting if the\nCommission must discuss:\ni. Noncompliance of a party state with its obligations under this Compact;\nii. The employment, compensation, discipline or other personnel matters,\npractices or procedures related to specific employees or other matters\nrelated to the Commission's internal personnel practices and procedures;\niii. Current, threatened or reasonably anticipated litigation;\niv. Negotiation of contracts for the purchase or sale of goods, services or\nreal estate;\nv. Accusing any person of a crime or formally censuring any person;\nvi. Disclosure of trade secrets or commercial or financial information that is\nprivileged or confidential;\nvii. Disclosure of information of a personal nature where disclosure would\nconstitute a clearly unwarranted invasion of personal privacy;\nviii. Disclosure of investigatory records compiled  for law enforcement\npurposes;\nix. Disclosure of information related to any reports prepared by or on behalf\nof the Commission for the purpose of investigation of compliance with\nthis Compact; or\nx. Matters specifically exempted from disclosure by federal or state statute.\n6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the\nCommission's legal counsel or designee shall certify that the meeting may be\nclosed and shall reference each relevant exempting provision. The\nCommission shall keep minutes that fully and clearly describe all matters\ndiscussed in a meeting and shall provide a full and accurate summary of\nactions taken, and the reasons therefor, including a description of the views\nexpressed. All documents considered in conn ection with an action shall be\nidentified in such minutes. All minutes and documents of a closed meeting\nshall remain under seal, subject to release by a majority vote of the\nCommission or order of a court of competent jurisdiction.\nc. The Commission shall, by a majority vote of the administrators, prescribe bylaws or\nrules to govern its conduct as may be necessary or appropriate to carry out the\npurposes and exercise the powers of  this Compact, including but not limited to:\n1. Establishing the fiscal year of the Commission;\n2. Providing reasonable standards and procedures:\ni. For the establishment and meetings of other committees; and\nii. Governing any general or specific delegation of any authority or function\nof the Commission;\n3. Providing reasonable procedures for calling and conducting meetings of the\nCommission, ensuring reasonable advance notice of all meetings and\nproviding an opportunity for attendance of such meetings by interested parties,\nwith enumerated exceptions designe d to protect the public's interest, the\nprivacy of individuals, and proprietary information, including trade secrets.\nThe Commission may meet in closed session only after a majority of the\nadministrators vote to close a meeting in whole or in part. As soon  as\npracticable, the Commission must make public a copy of the vote to close the\nmeeting revealing the vote of each administrator, with no proxy votes\nallowed;\n4. Establishing the titles, duties and authority and reasonable procedures for the\nelection of the officers of the Commission;\n5. Providing reasonable standards and procedures for the establishment of the\npersonnel policies and programs of the Commission. Notwithstanding any\ncivil service or other similar laws of any party state, the bylaws shall\nexclusively govern the personnel policies and programs of the Commission;\nand\n6. Providing a mechanism for winding up the operations of the Commission and\nthe equitable disposition of any surplus funds that may exist after the\ntermination of this Compact afte r the payment or reserving of all of its debts\nand obligations.\nd. The Commission shall publish its bylaws and rules, and any amendments thereto, in\na convenient form on the Web site of the Commission.\ne. The Commission shall maintain its financial records in accordance with the bylaws.\nf. The Commission shall meet and take such actions as are consistent with the\nprovisions of this Compact and the bylaws.\ng. The Commission shall have the following powers:\n1. To promulgate uniform rules to facilitate and coo rdinate implementation and\nadministration of this Compact. The rules shall have the force and effect of\nlaw and shall be binding in all party states;\n2. To bring and prosecute legal proceedings or actions in the name of the\nCommission, provided that the st anding of any licensing board to sue or be\nsued under applicable law shall not be affected;\n3. To purchase and maintain insurance and bonds;\n4. To borrow, accept or contract for services of personnel, including but not\nlimited to employees of a party state or nonprofit organizations;\n5. To cooperate with other organizations that administer state compacts related\nto the regulation of nursing, including but not limited to sharing\nadministrative or staff expenses, office space or other resources;\n6. To hire em ployees, elect or appoint officers, fix compensation, define duties,\ngrant such individuals appropriate authority to carry out the purposes of this\nCompact, and to establish the Commission's personnel policies and programs\nrelating to conflicts of interest , qualifications of personnel and other related\npersonnel matters;\n7. To accept any and all appropriate donations, grants and gifts of money,\nequipment, supplies, materials and services, and to receive, utilize and dispose\nof the same; provided that at all  times the Commission shall avoid any\nappearance of impropriety or conflict of interest;\n8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to\nown, hold, improve or use, any property, whether real, personal or mixed;\nprovided tha t at all times the Commission shall avoid any appearance of\nimpropriety;\n9. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise\ndispose of any property, whether real, personal or mixed;\n10. To establish a budget and make expenditures;\n11. To borrow money;\n12. To appoint committees, including advisory committees comprised of\nadministrators, state nursing regulators, state legislators or their\nrepresentatives, and consumer representatives, and other such interested\npersons;\n13. To provide  and receive information from, and to cooperate with, law\nenforcement agencies;\n14. To adopt and use an official seal; and\n15. To perform such other functions as may be necessary or appropriate to achieve\nthe purposes of this Compact consistent with the st ate regulation of nurse\nlicensure and practice.\nh. Financing of the Commission\n1. The Commission shall pay, or provide for the payment of, the reasonable\nexpenses of its establishment, organization and ongoing activities.\n2. The Commission may also levy on  and collect an annual assessment from\neach party state to cover the cost of its operations, activities and staff in its\nannual budget as approved each year. The aggregate annual assessment\namount, if any, shall be allocated based upon a formula to be dete rmined by\nthe Commission, which shall promulgate a rule that is binding upon all party\nstates.\n3. The Commission shall not incur obligations of any kind prior to securing the\nfunds adequate to meet the same; nor shall the Commission pledge the credit\nof any of the party states, except by, and with the authority of, such party state.\n4. The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be\nsubject to the audit and accounting procedures established under its bylaws.\nHowever, all receipts and disbursements of  funds handled by the Commission\nshall be audited yearly by a certified or licensed public accountant, and the\nreport of the audit shall be included in and become part of the annual report of\nthe Commission.\ni. Qualified Immunity, Defense and Indemnification\n1. The administrators, officers, executive director, employees and representatives\nof the Commission shall be immune from suit and liability, either personally\nor in their official capacity, for any claim for damage to or loss of property or\npersonal injury or other civil liability caused by or arising out of any actual or\nalleged act, error or omission that occurred, or that the person against whom\nthe claim is made had a reasonable basis for believing occurred, within the\nscope of Commission employment , duties or responsibilities; provided that\nnothing in this paragraph shall be construed to protect any such person from\nsuit or liability for any damage, loss, injury or liability caused by the\nintentional, willful or wanton misconduct of that person.\n2. The Commission shall defend any administrator, officer, executive director,\nemployee or representative of the Commission in any civil action seeking to\nimpose liability arising out of any actual or alleged act, error or omission that\noccurred within the sc ope of Commission employment, duties or\nresponsibilities, or that the person against whom the claim is made had a\nreasonable basis for believing occurred within the scope of Commission\nemployment, duties or responsibilities; provided that nothing herein sh all be\nconstrued to prohibit that person from retaining his or her own counsel; and\nprovided further that the actual or alleged act, error or omission did not result\nfrom that person's intentional, willful or wanton misconduct.\n3. The Commission shall inde mnify and hold harmless any administrator,\nofficer, executive director, employee or representative of the Commission for\nthe amount of any settlement or judgment obtained against that person arising\nout of any actual or alleged act, error or omission that occurred within the\nscope of Commission employment, duties or responsibilities, or that such\nperson had a reasonable basis for believing occurred within the scope of\nCommission employment, duties or responsibilities, provided that the actual\nor alleged act, error or omission did not result from the intentional, willful or\nwanton misconduct of that person.\nARTICLE VIII\nRulemaking\na. The Commission shall exercise its rulemaking powers pursuant to the criteria set\nforth in this Article and the rules adopted th ereunder. Rules and amendments shall\nbecome binding as of the date specified in each rule or amendment and shall have\nthe same force and effect as provisions of this Compact.\nb. Rules or amendments to the rules shall be adopted at a regular or special meet ing of\nthe Commission.\nc. Prior to promulgation and adoption of a final rule or rules by the Commission, and\nat least sixty (60) days in advance of the meeting at which the rule will be\nconsidered and voted upon, the Commission shall file a notice of propo sed\nrulemaking:\n1. On the Web site of the Commission; and\n2. On the Web site of each licensing board or the publication in which each state\nwould otherwise publish proposed rules.\nd. The notice of proposed rulemaking shall include:\n1. The proposed time, da te and location of the meeting in which the rule will be\nconsidered and voted upon;\n2. The text of the proposed rule or amendment, and the reason for the proposed\nrule;\n3. A request for comments on the proposed rule from any interested person; and\n4. The manner in which interested persons may submit notice to the Commission\nof their intention to attend the public hearing and any written comments.\ne. Prior to adoption of a proposed rule, the Commission shall allow persons to submit\nwritten data, facts, opini ons and arguments, which shall be made available to the\npublic.\nf. The Commission shall grant an opportunity for a public hearing before it adopts a\nrule or amendment.\ng. The Commission shall publish the place, time and date of the scheduled public\nhearing.\n1. Hearings shall be conducted in a manner providing each person who wishes to\ncomment a fair and reasonable opportunity to comment orally or in writing.\nAll hearings shall be recorded, and a copy shall be made available upon\nrequest.\n2. Nothing in this section shall be construed as requiring a separate hearing on\neach rule. Rules may be grouped for the convenience of the Commission at\nhearings required by this section.\nh. If no one appears at the public hearing, the Commission may proceed with\npromulgation of the proposed rule.\ni. Following the scheduled hearing date, or by the close of business on the scheduled\nhearing date if the hearing was not held, the Commission shall consider all written\nand oral comments received.\nj. The Commission shall, by major ity vote of all administrators, take final action on\nthe proposed rule and shall determine the effective date of the rule, if any, based on\nthe rulemaking record and the full text of the rule.\nk. Upon determination that an emergency exists, the Commission may consider and\nadopt an emergency rule without prior notice, opportunity for comment or hearing,\nprovided that the usual rulemaking procedures provided in this Compact and in this\nsection shall be retroactively applied to the rule as soon as reasonably p ossible, in\nno event later than ninety (90) days after the effective date of the rule. For the\npurposes of this provision, an emergency rule is one that must be adopted\nimmediately in order to:\n1. Meet an imminent threat to public health, safety or welfare;\n2. Prevent a loss of Commission or party state funds; or\n3. Meet a deadline for the promulgation of an administrative rule that is required\nby federal law or rule.\nl. The Commission may direct re visions to a previously adopted rule or amendment\nfor purposes of correcting typographical errors, errors in format, errors in\nconsistency or grammatical errors. Public notice of any revisions shall be posted on\nthe Web site of the Commission. The revision  shall be subject to challenge by any\nperson for a period of thirty (30) days after posting. The revision may be challenged\nonly on grounds that the revision results in a material change to a rule. A challenge\nshall be made in writing, and delivered to the  Commission, prior to the end of the\nnotice period. If no challenge is made, the revision will take effect without further\naction. If the revision is challenged, the revision may not take effect without the\napproval of the Commission.\nARTICLE IX\nOversight, Dispute Resolution and Enforcement\na. Oversight\n1. Each party state shall enforce this Compact and take all actions necessary and\nappropriate to effectuate this Compact's purposes and intent.\n2. The Commission shall be entitled to receive service of proce ss in any\nproceeding that may affect the powers, responsibilities or actions of the\nCommission, and shall have standing to intervene in such a proceeding for all\npurposes. Failure to provide service of process in such proceeding to the\nCommission shall render a judgment or order void as to the Commission, this\nCompact or promulgated rules.\nb. Default, Technical Assistance and Termination\n1. If the Commission determines that a party state has defaulted in the\nperformance of its obligations or responsibilitie s under this Compact or the\npromulgated rules, the Commission shall:\ni. Provide written notice to the defaulting state and other party states of the\nnature of the default, the proposed means of curing the default or any\nother action to be taken by the Commission; and\nii. Provide remedial training and specific technical assistance regarding the\ndefault.\n2. If a state in default fails to cure the default, the defaulting state's membership\nin this Compact may be terminated upon an affirmative vote of a majorit y of\nthe administrators, and all rights, privileges and benefits conferred by this\nCompact may be terminated on the effective date of termination. A cure of the\ndefault does not relieve the offending state of obligations or liabilities incurred\nduring the period of default.\n3. Termination of membership in this Compact shall be imposed only after all\nother means of securing compliance have been exhausted. Notice of intent to\nsuspend or terminate shall be given by the Commission to the governor of the\ndefaulting state and to the executive officer of the defaulting state's licensing\nboard and each of the party states.\n4. A state whose membership in this Compact has been terminated is responsible\nfor all assessments, obligations and liabilities incurred through the effective\ndate of termination, including obligations that extend beyond the effective\ndate of termination.\n5. The Commission shall not bear any costs related to a state that is found to be\nin default or whose membership in this Compact has been termina ted unless\nagreed upon in writing between the Commission and the defaulting state.\n6. The defaulting state may appeal the action of the Commission by petitioning\nthe United States District Court for the District of Columbia or the federal\ndistrict in which the Commission has its principal offices. The prevailing party\nshall be awarded all costs of such litigation, including reasonable attorneys'\nfees.\nc. Dispute Resolution\n1. Upon request by a party state, the Commission shall attempt to resolve\ndisputes re lated to the Compact that arise among party states and between\nparty and non-party states.\n2. The Commission shall promulgate a rule providing for both mediation and\nbinding dispute resolution for disputes, as appropriate.\n3. In the event the Commission ca nnot resolve disputes among party states\narising under this Compact:\ni. The party states may submit the issues in dispute to an arbitration panel,\nwhich will be comprised of individuals appointed by the Compact\nadministrator in each of the affected party s tates and an individual\nmutually agreed upon by the Compact administrators of all the party\nstates involved in the dispute.\nii. The decision of a majority of the arbitrators shall be final and binding.\nd. Enforcement\n1. The Commission, in the reasonable exercise of its discretion, shall enforce the\nprovisions and rules of this Compact.\n2. By majority vote, the Commission may initiate legal action in the United\nStates District Court for the District of Columbia or the fede ral district in\nwhich the Commission has its principal offices against a party state that is in\ndefault to enforce compliance with the provisions of this Compact and its\npromulgated rules and bylaws. The relief sought may include both injunctive\nrelief and  damages. In the event judicial enforcement is necessary, the\nprevailing party shall be awarded all costs of such litigation, including\nreasonable attorneys' fees.\n3. The remedies herein shall not be the exclusive remedies of the Commission.\nThe Commission  may pursue any other remedies available under federal or\nstate law.\nARTICLE X\nEffective Date, Withdrawal and Amendment\na. This Compact shall become effective and binding on the earlier of the date of\nlegislative enactment of this Compact into law by no fe wer than twenty -six (26)\nstates or December 31, 2018. All party states to this Compact that also were parties\nto the prior Nurse Licensure Compact, superseded by this Compact (\"Prior\nCompact\"), shall be deemed to have withdrawn from said Prior Compact with in six\n(6) months after the effective date of this Compact.\nb. Each party state to this Compact shall continue to recognize a nurse's multistate\nlicensure privilege to practice in that party state issued under the Prior Compact\nuntil such party state has withdrawn from the Prior Compact.\nc. Any party state may withdraw from this Compact by enacting a statute repealing the\nsame. A party state's withdrawal shall not take effect until six (6) months after\nenactment of the repealing statute.\nd. A party state's withdrawal or termination shall not affect the continuing requirement\nof the withdrawing or terminated state's licensing board to report adverse actions\nand significant investigations occurring prior to the effective date of such\nwithdrawal or termination.\ne. Nothing contained in this Compact shall be construed to invalidate or prevent any\nnurse licensure agreement or other cooperative arrangement between a party state\nand a non -party state that is made in accordance with the other provisions of this\nCompact.\nf. This Compact may be amended by the party states. No amendment to this Compact\nshall become effective and binding upon the party states unless and until it is\nenacted into the laws of all party states.\ng. Representatives of non-party states to this Compact shall be invited to participate in\nthe activities of the Commission, on a nonvoting basis, prior to the adoption of this\nCompact by all states.\nARTICLE XI\nConstruction and Severability\nThis Compact shall be liberally construed so as to effectuate the  purposes thereof. The\nprovisions of this Compact shall be severable, and if any phrase, clause, sentence or\nprovision of this Compact is declared to be contrary to the constitution of any party state\nor of the United States, or if the applicability thereo f to any government, agency, person\nor circumstance is held invalid, the validity of the remainder of this Compact and the\napplicability thereof to any government, agency, person or circumstance shall not be\naffected thereby. If this Compact shall be held to be contrary to the constitution of any\nparty state, this Compact shall remain in full force and effect as to the remaining party\nstates and in full force and effect as to the party state affected as to all severable matters.","path":["KRS Chapter 314"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47114","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:11Z","sha256":"c21e60a5338d9b72b7624f8bdd4f79d53ad6fdc61e36d42991cbf6f049d544ca","source_id":"us-ky","stale":false,"prev":"us-ky/krs-314.470","next":"us-ky/krs-314.990"},"notice":"GroundRules: Original legal text. Not legal advice."}