{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-567.21","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-567.21","heading":"Nurse Licensure Compact","body":"Nurse Licensure Compact\n\nARTICLE I\n\nFindings and Declaration of Purpose\n\na. The party states find that:\n\n1. The health and safety of the public are affected by the\n\ndegree of compliance with and the effectiveness of enforcement\n\nactivities related to state nurse licensure laws;\n\n2. Violations of nurse licensure and other laws regulating the\n\npractice of nursing may result in injury or harm to the public;\n\n3. The expanded mobility of nurses and the use of advanced\n\ncommunication technologies as part of our nation's health care\n\ndelivery system require greater coordination and cooperation among\n\nstates in the areas of nurse licensure and regulation;\n\n4. New practice modalities and technology make compliance with\n\nindividual state nurse licensure laws difficult and complex;\n\n5. The current system of duplicative licensure for nurses\n\npracticing in multiple states is cumbersome and redundant for both\n\nnurses and states; and\n\n6. Uniformity of nurse licensure requirements among the states\n\npromotes public safety and public health benefits.\n\nb. The general purposes of this Compact are to:\n\n1. Facilitate the states' responsibility to protect the\n\npublic's health and safety;\n\n2. Ensure and encourage the cooperation of party states in the\n\nareas of nurse licensure and regulation;\n\n3. Facilitate the exchange of information among party states in\n\nthe areas of nurse regulation, investigation and adverse actions;\n\n4. Promote compliance with the laws governing the practice of\n\nnursing in each jurisdiction;\n\n5. Invest all party states with the authority to hold a nurse\n\naccountable for meeting all state practice laws in the state in\n\nwhich the patient is located at the time care is rendered through\n\nthe mutual recognition of party-state licenses;\n\n6. Decrease redundancies in the consideration and issuance of\n\nnurse licenses; and\n\n7. Provide opportunities for interstate practice by nurses who\n\nmeet uniform licensure requirements.\n\nARTICLE II\n\nDefinitions\n\nAs used in this Compact:\n\na. \"Adverse action\" means any administrative, civil, equitable\n\nor criminal action permitted by a state's laws which is imposed by a\n\nlicensing board or other authority against a nurse, including\n\nactions against an individual's license or multistate licensure\n\nprivilege such as revocation, suspension, probation, monitoring of\n\nthe licensee, limitation on the licensee's practice, or any other\n\nencumbrance on licensure affecting a nurse's authorization to\n\npractice, including issuance of a cease and desist action.\n\nb. \"Alternative program\" means a nondisciplinary monitoring\n\nprogram approved by a licensing board.\n\nc. \"Coordinated licensure information system\" means an\n\nintegrated process for collecting, storing and sharing information\n\non nurse licensure and enforcement activities related to nurse\n\nlicensure laws that is administered by a nonprofit organization\n\ncomposed of and controlled by licensing boards.\n\nd. \"Current significant investigative information\" means:\n\n1. Investigative information that a licensing board, after a\n\npreliminary inquiry that includes notification and an opportunity\n\nfor the nurse to respond, if required by state law, has reason to\n\nbelieve is not groundless and, if proved true, would indicate more\n\nthan a minor infraction; or\n\n2. Investigative information that indicates that the nurse\n\nrepresents an immediate threat to public health and safety\n\nregardless of whether the nurse has been notified and had an\n\nopportunity to respond.\n\ne. \"Encumbrance\" means a revocation or suspension of, or any\n\nlimitation on, the full and unrestricted practice of nursing imposed\n\nby a licensing board.\n\nf. \"Home state\" means the party state which is the nurse's\n\nprimary state of residence.\n\ng. \"Licensing board\" means a party state's regulatory body\n\nresponsible for issuing nurse licenses.\ne has been notified and had an\n\nopportunity to respond.\n\ne. \"Encumbrance\" means a revocation or suspension of, or any\n\nlimitation on, the full and unrestricted practice of nursing imposed\n\nby a licensing board.\n\nf. \"Home state\" means the party state which is the nurse's\n\nprimary state of residence.\n\ng. \"Licensing board\" means a party state's regulatory body\n\nresponsible for issuing nurse licenses.\n\nh. \"Multistate license\" means a license to practice as a\n\nregistered or a licensed practical/vocational nurse (LPN/VN) issued\n\nby a home-state licensing board that authorizes the licensed nurse\n\nto practice in all party states under a multistate licensure\n\nprivilege.\n\ni. \"Multistate licensure privilege\" means a legal authorization\n\nassociated with a multistate license permitting the practice of\n\nnursing as either a registered nurse (RN) or LPN/VN in a remote\n\nstate.\n\nj. \"Nurse\" means RN or LPN/VN, as those terms are defined by\n\neach party state's practice laws.\n\nk. \"Party state\" means any state that has adopted this Compact.\n\nl. \"Remote state\" means a party state, other than the home\n\nstate.\n\nm. \"Single-state license\" means a nurse license issued by a\n\nparty state that authorizes practice only within the issuing state\n\nand does not include a multistate licensure privilege to practice in\n\nany other party state.\n\nn. \"State\" means a state, territory or possession of the United\n\nStates and the District of Columbia.\n\no. \"State practice laws\" means a party state's laws, rules and\n\nregulations that govern the practice of nursing, define the scope of\n\nnursing practice, and create the methods and grounds for imposing\n\ndiscipline. State practice laws do not include requirements\n\nnecessary to obtain and retain a license, except for qualifications\n\nor requirements of the home state.\n\nARTICLE III\n\nGeneral Provisions and Jurisdiction\n\na. A multistate license to practice registered or licensed\n\npractical/vocational nursing issued by a home state to a resident in\n\nthat state will be recognized by each party state as authorizing a\n\nnurse to practice as a registered nurse (RN) or as a licensed\n\npractical/vocational nurse (LPN/VN), under a multistate licensure\n\nprivilege, in each party state.\n\nb. A state must implement procedures for considering the\n\ncriminal history records of applicants for initial multistate\n\nlicense or licensure by endorsement. Such procedures shall include\n\nthe submission of fingerprints or other biometric-based information\n\nby applicants for the purpose of obtaining an applicant's criminal\n\nhistory record information from the Federal Bureau of Investigation\n\nand the agency responsible for retaining that state's criminal\n\nrecords.\n\nc. Each party state shall require the following for an\n\napplicant to obtain or retain a multistate license in the home\n\nstate:\n\n1. Meets the home state's qualifications for licensure or\n\nrenewal of licensure, as well as all other applicable state laws;\n\n2. i. Has graduated or is eligible to graduate from a\n\nlicensing-board-approved RN or LPN/VN prelicensure\n\neducation program; or\n\nii. Has graduated from a foreign RN or LPN/VN prelicensure\n\neducation program that (a) has been approved by the\n\nauthorized accrediting body in the applicable country\n\nand (b) has been verified by an independent\n\ncredentials review agency to be comparable to a\n\nlicensing-board-approved prelicensure education\n\nprogram;\n\n3. Has, if a graduate of a foreign prelicensure education\n\nprogram, not taught in English or if English is not the individual's\n\nnative language, successfully passed an English proficiency\n\nexamination that includes the components of reading, speaking,\n\nwriting and listening;\n\n4. Has successfully passed an NCLEX-RN© or NCLEX-PN©\n\nExamination or recognized predecessor, as applicable;\n\n5. Is eligible for or holds an active, unencumbered license;\n\n6. Has submitted, in connection with an application for initial\nhe individual's\n\nnative language, successfully passed an English proficiency\n\nexamination that includes the components of reading, speaking,\n\nwriting and listening;\n\n4. Has successfully passed an NCLEX-RN© or NCLEX-PN©\n\nExamination or recognized predecessor, as applicable;\n\n5. Is eligible for or holds an active, unencumbered license;\n\n6. Has submitted, in connection with an application for initial\n\nlicensure or licensure by endorsement, fingerprints or other\n\nbiometric data for the purpose of obtaining criminal history record\n\ninformation from the Federal Bureau of Investigation and the agency\n\nresponsible for retaining that state's criminal records;\n\n7. Has not been convicted or found guilty, or has entered into\n\nan agreed disposition, of a felony offense under applicable state or\n\nfederal criminal law;\n\n8. Has not been convicted or found guilty, or has entered into\n\nan agreed disposition, of a misdemeanor offense related to the\n\npractice of nursing as determined on a case-by-case basis;\n\n9. Is not currently enrolled in an alternative program;\n\n10. Is subject to self-disclosure requirements regarding\n\ncurrent participation in an alternative program; and\n\n11. Has a valid United States Social Security number.\n\nd. All party states shall be authorized, in accordance with\n\nexisting state due process law, to take adverse action against a\n\nnurse's multistate licensure privilege such as revocation,\n\nsuspension, probation or any other action that affects a nurse's\n\nauthorization to practice under a multistate licensure privilege,\n\nincluding cease and desist actions. If a party state takes such\n\naction, it shall promptly notify the administrator of the\n\ncoordinated licensure information system. The administrator of the\n\ncoordinated licensure information system shall promptly notify the\n\nhome state of any such actions by remote states.\n\ne. A nurse practicing in a party state must comply with the\n\nstate practice laws of the state in which the client is located at\n\nthe time service is provided. The practice of nursing is not\n\nlimited to patient care, but shall include all nursing practice as\n\ndefined by the state practice laws of the party state in which the\n\nclient is located. The practice of nursing in a party state under a\n\nmultistate licensure privilege will subject a nurse to the\n\njurisdiction of the licensing board, the courts and the laws of the\n\nparty state in which the client is located at the time service is\n\nprovided.\n\nf. Individuals not residing in a party state shall continue to\n\nbe able to apply for a party state's single-state license as\n\nprovided under the laws of each party state. However, the single-\n\nstate license granted to these individuals will not be recognized as\n\ngranting the privilege to practice nursing in any other party state.\n\nNothing in this Compact shall affect the requirements established by\n\na party state for the issuance of a single-state license.\n\ng. Any nurse holding a home-state multistate license on the\n\neffective date of this Compact may retain and renew the multistate\n\nlicense issued by the nurse's then-current home state, provided\n\nthat:\n\n1. A nurse, who changes primary state of residence after this\n\nCompact's effective date, must meet all applicable Article III.c.\n\nrequirements to obtain a multistate license from a new home state.\n\n2. A nurse who fails to satisfy the multistate licensure\n\nrequirements in Article III.c. due to a disqualifying event\n\noccurring after this Compact's effective date shall be ineligible to\n\nretain or renew a multistate license, and the nurse's multistate\n\nlicense shall be revoked or deactivated in accordance with\n\napplicable rules adopted by the Interstate Commission of Nurse\n\nLicensure Compact Administrators (Commission).\n\nARTICLE IV\n\nApplications for Licensure in a Party State\neffective date shall be ineligible to\n\nretain or renew a multistate license, and the nurse's multistate\n\nlicense shall be revoked or deactivated in accordance with\n\napplicable rules adopted by the Interstate Commission of Nurse\n\nLicensure Compact Administrators (Commission).\n\nARTICLE IV\n\nApplications for Licensure in a Party State\n\na. Upon application for a multistate license, the licensing\n\nboard in the issuing party state shall ascertain, through the\n\ncoordinated licensure information system, whether the applicant has\n\never held, or is the holder of, a license issued by any other state,\n\nwhether there are any encumbrances on any license or multistate\n\nlicensure privilege held by the applicant, whether any adverse\n\naction has been taken against any license or multistate licensure\n\nprivilege held by the applicant and whether the applicant is\n\ncurrently participating in an alternative program.\n\nb. A nurse may hold a multistate license, issued by the home\n\nstate, in only one party state at a time.\n\nc. If a nurse changes primary state of residence by moving\n\nbetween two party states, the nurse must apply for licensure in the\n\nnew home state, and the multistate license issued by the prior home\n\nstate will be deactivated in accordance with applicable rules\n\nadopted by the Commission.\n\n1. The nurse may apply for licensure in advance of a change in\n\nprimary state of residence.\n\n2. A multistate license shall not be issued by the new home\n\nstate until the nurse provides satisfactory evidence of a change in\n\nprimary state of residence to the new home state and satisfies all\n\napplicable requirements to obtain a multistate license from the new\n\nhome state.\n\nd. If a nurse changes primary state of residence by moving from\n\na party state to a nonparty state, the multistate license issued by\n\nthe prior home state will convert to a single-state license, valid\n\nonly in the former home state.\n\nARTICLE V\n\nAdditional Authorities Invested in Party-state Licensing Boards\n\na. In addition to the other powers conferred by state law, a\n\nlicensing board shall have the authority to:\n\n1. Take adverse action against a nurse's multistate licensure\n\nprivilege to practice within that party state.\n\ni. Only the home state shall have the power to take\n\nadverse action against a nurse's license issued by the\n\nhome state.\n\nii. For purposes of taking adverse action, the home-state\n\nlicensing board shall give the same priority and\n\neffect to reported conduct received from a remote\n\nstate as it would if such conduct had occurred within\n\nthe home state. In so doing, the home state shall\n\napply its own state laws to determine appropriate\n\naction;\n\n2. Issue cease and desist orders or impose an encumbrance on a\n\nnurse's authority to practice within that party state;\n\n3. Complete any pending investigations of a nurse who changes\n\nprimary state of residence during the course of such investigations.\n\nThe licensing board shall also have the authority to take\n\nappropriate action(s) and shall promptly report the conclusions of\n\nsuch investigations to the administrator of the coordinated\n\nlicensure information system. The administrator of the coordinated\n\nlicensure information system shall promptly notify the new home\n\nstate of any such actions;\n\n4. Issue subpoenas for both hearings and investigations that\n\nrequire the attendance and testimony of witnesses, as well as the\n\nproduction of evidence. Subpoenas issued by a licensing board in a\n\nparty state for the attendance and testimony of witnesses or the\n\nproduction of evidence from another party state shall be enforced in\n\nthe latter state by any court of competent jurisdiction, according\n\nto the practice and procedure of that court applicable to subpoenas\n\nissued in proceedings pending before it. The issuing authority\n\nshall pay any witness fees, travel expenses, mileage and other fees\ny state for the attendance and testimony of witnesses or the\n\nproduction of evidence from another party state shall be enforced in\n\nthe latter state by any court of competent jurisdiction, according\n\nto the practice and procedure of that court applicable to subpoenas\n\nissued in proceedings pending before it. The issuing authority\n\nshall pay any witness fees, travel expenses, mileage and other fees\n\nrequired by the service statutes of the state in which the witnesses\n\nor evidence are located;\n\n5. Obtain and submit, for each nurse licensure applicant,\n\nfingerprint or other biometric-based information to the Federal\n\nBureau of Investigation for criminal background checks, receive the\n\nresults of the Federal Bureau of Investigation record search on\n\ncriminal background checks and use the results in making licensure\n\ndecisions;\n\n6. If otherwise permitted by state law, recover from the\n\naffected nurse the costs of investigations and disposition of cases\n\nresulting from any adverse action taken against that nurse; and\n\n7. Take adverse action based on the factual findings of the\n\nremote state, provided that the licensing board follows its own\n\nprocedures for taking such adverse action.\n\nb. If adverse action is taken by the home state against a\n\nnurse's multistate license, the nurse's multistate licensure\n\nprivilege to practice in all other party states shall be deactivated\n\nuntil all encumbrances have been removed from the multistate\n\nlicense. All home-state disciplinary orders that impose adverse\n\naction against a nurse's multistate license shall include a\n\nstatement that the nurse's multistate licensure privilege is\n\ndeactivated in all party states during the pendency of the order.\n\nc. Nothing in this Compact shall override a party state's\n\ndecision that participation in an alternative program may be used in\n\nlieu of adverse action. The home-state licensing board shall\n\ndeactivate the multistate licensure privilege under the multistate\n\nlicense of any nurse for the duration of the nurse's participation\n\nin an alternative program.\n\nARTICLE VI\n\nCoordinated Licensure Information System\n\nand Exchange of Information\n\na. All party states shall participate in a coordinated\n\nlicensure information system of all licensed registered nurses (RNs)\n\nand licensed practical/vocational nurses (LPNs/VNs). This system\n\nwill include information on the licensure and disciplinary history\n\nof each nurse, as submitted by party states, to assist in the\n\ncoordination of nurse licensure and enforcement efforts.\n\nb. The Commission, in consultation with the administrator of\n\nthe coordinated licensure information system, shall formulate\n\nnecessary and proper procedures for the identification, collection\n\nand exchange of information under this Compact.\n\nc. All licensing boards shall promptly report to the\n\ncoordinated licensure information system any adverse action, any\n\ncurrent significant investigative information, denials of\n\napplications (with the reasons for such denials) and nurse\n\nparticipation in alternative programs known to the licensing board\n\nregardless of whether such participation is deemed nonpublic or\n\nconfidential under state law.\n\nd. Current significant investigative information and\n\nparticipation in nonpublic or confidential alternative programs\n\nshall be transmitted through the coordinated licensure information\n\nsystem only to party-state licensing boards.\n\ne. Notwithstanding any other provision of law, all party-state\n\nlicensing boards contributing information to the coordinated\n\nlicensure information system may designate information that may not\n\nbe shared with nonparty states or disclosed to other entities or\n\nindividuals without the express permission of the contributing\n\nstate.\n\nf. Any personally identifiable information obtained from the\n\ncoordinated licensure information system by a party-state licensing\nlicensing boards contributing information to the coordinated\n\nlicensure information system may designate information that may not\n\nbe shared with nonparty states or disclosed to other entities or\n\nindividuals without the express permission of the contributing\n\nstate.\n\nf. Any personally identifiable information obtained from the\n\ncoordinated licensure information system by a party-state licensing\n\nboard shall not be shared with nonparty states or disclosed to other\n\nentities or individuals except to the extent permitted by the laws\n\nof the party state contributing the information.\n\ng. Any information contributed to the coordinated licensure\n\ninformation system that is subsequently required to be expunged by\n\nthe laws of the party state contributing that information shall also\n\nbe expunged from the coordinated licensure information system.\n\nh. The Compact administrator of each party state shall furnish\n\na uniform data set to the Compact administrator of each other party\n\nstate, which shall include, at a minimum:\n\n1. Identifying information;\n\n2. Licensure data;\n\n3. Information related to alternative program participation;\n\nand\n\n4. Other information that may facilitate the administration of\n\nthis Compact, as determined by Commission rules.\n\ni. The Compact administrator of a party state shall provide all\n\ninvestigative documents and information requested by another party\n\nstate.\n\nARTICLE VII\n\nEstablishment of the Interstate Commission of Nurse Licensure\n\nCompact Administrators\n\na. The party states hereby create and establish a joint public\n\nentity known as the Interstate Commission of Nurse Licensure Compact\n\nAdministrators.\n\n1. The Commission is an instrumentality of the party states.\n\n2. Venue is proper, and judicial proceedings by or against the\n\nCommission shall be brought solely and exclusively in a court of\n\ncompetent jurisdiction where the principal office of the Commission\n\nis located. The Commission may waive venue and jurisdictional\n\ndefenses to the extent it adopts or consents to participate in\n\nalternative dispute resolution proceedings.\n\n3. Nothing in this Compact shall be construed to be a waiver of\n\nsovereign immunity.\n\nb. Membership, Voting and Meetings\n\n1. Each party state shall have and be limited to one\n\nadministrator. The head of the state licensing board or designee\n\nshall be the administrator of this Compact for each party state.\n\nAny administrator may be removed or suspended from office as\n\nprovided by the laws of the state from which the administrator is\n\nappointed. Any vacancy occurring in the Commission shall be filled\n\nin accordance with the laws of the party state in which the vacancy\n\nexists.\n\n2. Each administrator shall be entitled to one (1) vote with\n\nregard to the promulgation of rules and creation of bylaws and shall\n\notherwise have an opportunity to participate in the business and\n\naffairs of the Commission. An administrator shall vote in person or\n\nby such other means as provided in the bylaws. The bylaws may\n\nprovide for an administrator's participation in meetings by\n\ntelephone or other means of communication.\n\n3. The Commission shall meet at least once during each calendar\n\nyear. Additional meetings shall be held as set forth in the bylaws\n\nor rules of the Commission.\n\n4. All meetings shall be open to the public, and public notice\n\nof meetings shall be given in the same manner as required under the\n\nrulemaking provisions in Article VIII of this Compact.\n\n5. The Commission may convene in a closed, nonpublic meeting if\n\nthe Commission must discuss:\n\ni. Noncompliance of a party state with its obligations\n\nunder this Compact;\n\nii. The employment, compensation, discipline or other\n\npersonnel matters, practices or procedures related to\n\nspecific employees or other matters related to the\n\nCommission's internal personnel practices and\n\nprocedures;\nif\n\nthe Commission must discuss:\n\ni. Noncompliance of a party state with its obligations\n\nunder this Compact;\n\nii. The employment, compensation, discipline or other\n\npersonnel matters, practices or procedures related to\n\nspecific employees or other matters related to the\n\nCommission's internal personnel practices and\n\nprocedures;\n\niii. Current, threatened or reasonably anticipated\n\nlitigation;\n\niv. Negotiation of contracts for the purchase or sale of\n\ngoods, services or real estate;\n\nv. Accusing any person of a crime or formally censuring\n\nany person;\n\nvi. Disclosure of trade secrets or commercial or financial\n\ninformation that is privileged or confidential;\n\nvii. Disclosure of information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy;\n\nviii. Disclosure of investigatory records compiled for law\n\nenforcement purposes;\n\nix. Disclosure of information related to any reports\n\nprepared by or on behalf of the Commission for the\n\npurpose of investigation of compliance with this\n\nCompact; or\n\nx. Matters specifically exempted from disclosure by\n\nfederal or state statute.\n\n6. If a meeting, or portion of a meeting, is closed pursuant to\n\nthis provision, the Commission's legal counsel or designee shall\n\ncertify that the meeting may be closed and shall reference each\n\nrelevant exempting provision. The Commission shall keep minutes\n\nthat fully and clearly describe all matters discussed in a meeting\n\nand shall provide a full and accurate summary of actions taken, and\n\nthe reasons therefor, including a description of the views\n\nexpressed. All documents considered in connection with an action\n\nshall be identified in such minutes. All minutes and documents of a\n\nclosed meeting shall remain under seal, subject to release by a\n\nmajority vote of the Commission or order of a court of competent\n\njurisdiction.\n\nc. The Commission shall, by a majority vote of the\n\nadministrators, prescribe bylaws or rules to govern its conduct as\n\nmay be necessary or appropriate to carry out the purposes and\n\nexercise the powers of this Compact, including but not limited to:\n\n1. Establishing the fiscal year of the Commission;\n\n2. Providing reasonable standards and procedures:\n\ni. For the establishment and meetings of other\n\ncommittees; and\n\nii. Governing any general or specific delegation of any\n\nauthority or function of the Commission;\n\n3. Providing reasonable procedures for calling and conducting\n\nmeetings of the Commission, ensuring reasonable advance notice of\n\nall meetings and providing an opportunity for attendance of such\n\nmeetings by interested parties, with enumerated exceptions designed\n\nto protect the public's interest, the privacy of individuals, and\n\nproprietary information, including trade secrets. The Commission\n\nmay meet in closed session only after a majority of the\n\nadministrators vote to close a meeting in whole or in part. As soon\n\nas practicable, the Commission must make public a copy of the vote\n\nto close the meeting revealing the vote of each administrator, with\n\nno proxy votes allowed;\n\n4. Establishing the titles, duties and authority and reasonable\n\nprocedures for the election of the officers of the Commission;\n\n5. Providing reasonable standards and procedures for the\n\nestablishment of the personnel policies and programs of the\n\nCommission. Notwithstanding any civil service or other similar laws\n\nof any party state, the bylaws shall exclusively govern the\n\npersonnel policies and programs of the Commission; and\n\n6. Providing a mechanism for winding up the operations of the\n\nCommission and the equitable disposition of any surplus funds that\n\nmay exist after the termination of this Compact after the payment or\n\nreserving of all of its debts and obligations.\n\nd. The Commission shall publish its bylaws and rules, and any\naws shall exclusively govern the\n\npersonnel policies and programs of the Commission; and\n\n6. Providing a mechanism for winding up the operations of the\n\nCommission and the equitable disposition of any surplus funds that\n\nmay exist after the termination of this Compact after the payment or\n\nreserving of all of its debts and obligations.\n\nd. The Commission shall publish its bylaws and rules, and any\n\namendments thereto, in a convenient form on the website of the\n\nCommission.\n\ne. The Commission shall maintain its financial records in\n\naccordance with the bylaws.\n\nf. The Commission shall meet and take such actions as are\n\nconsistent with the provisions of this Compact and the bylaws.\n\ng. The Commission shall have the following powers:\n\n1. To promulgate uniform rules to facilitate and coordinate\n\nimplementation and administration of this Compact. The rules shall\n\nhave the force and effect of law and shall be binding in all party\n\nstates;\n\n2. To bring and prosecute legal proceedings or actions in the\n\nname of the Commission; provided, that the standing of any licensing\n\nboard to sue or be sued under applicable law shall not be affected;\n\n3. To purchase and maintain insurance and bonds;\n\n4. To borrow, accept or contract for services of personnel,\n\nincluding, but not limited to, employees of a party state or\n\nnonprofit organizations;\n\n5. To cooperate with other organizations that administer state\n\ncompacts related to the regulation of nursing, including but not\n\nlimited to sharing administrative or staff expenses, office space or\n\nother resources;\n\n6. To hire employees, elect or appoint officers, fix\n\ncompensation, define duties, grant such individuals appropriate\n\nauthority to carry out the purposes of this Compact, and to\n\nestablish the Commission's personnel policies and programs relating\n\nto conflicts of interest, qualifications of personnel and other\n\nrelated personnel matters;\n\n7. To accept any and all appropriate donations, grants and\n\ngifts of money, equipment, supplies, materials and services, and to\n\nreceive, utilize and dispose of the same; provided, that at all\n\ntimes the Commission shall avoid any appearance of impropriety or\n\nconflict of interest;\n\n8. To lease, purchase, accept appropriate gifts or donations\n\nof, or otherwise to own, hold, improve or use, any property, whether\n\nreal, personal or mixed; provided, that at all times the Commission\n\nshall avoid any appearance of impropriety;\n\n9. To sell, convey, mortgage, pledge, lease, exchange, abandon\n\nor otherwise dispose of any property, whether real, personal or\n\nmixed;\n\n10. To establish a budget and make expenditures;\n\n11. To borrow money;\n\n12. To appoint committees, including advisory committees\n\ncomprised of administrators, state nursing regulators, state\n\nlegislators or their representatives, and consumer representatives,\n\nand other such interested persons;\n\n13. To provide and receive information from, and to cooperate\n\nwith, law enforcement agencies;\n\n14. To adopt and use an official seal; and\n\n15. To perform such other functions as may be necessary or\n\nappropriate to achieve the purposes of this Compact consistent with\n\nthe state regulation of nurse licensure and practice.\n\nh. Financing of the Commission\n\n1. The Commission shall pay, or provide for the payment of, the\n\nreasonable expenses of its establishment, organization and ongoing\n\nactivities.\n\n2. The Commission may also levy on and collect an annual\n\nassessment from each party state to cover the cost of its\n\noperations, activities and staff in its annual budget as approved\n\neach year. The aggregate annual assessment amount, if any, shall be\n\nallocated based upon a formula to be determined by the Commission,\n\nwhich shall promulgate a rule that is binding upon all party states.\n\n3. The Commission shall not incur obligations of any kind prior\n\nto securing the funds adequate to meet the same; nor shall the\nperations, activities and staff in its annual budget as approved\n\neach year. The aggregate annual assessment amount, if any, shall be\n\nallocated based upon a formula to be determined by the Commission,\n\nwhich shall promulgate a rule that is binding upon all party states.\n\n3. The Commission shall not incur obligations of any kind prior\n\nto securing the funds adequate to meet the same; nor shall the\n\nCommission pledge the credit of any of the party states, except by\n\nand with the authority of such party state.\n\n4. The Commission shall keep accurate accounts of all receipts\n\nand disbursements. The receipts and disbursements of the Commission\n\nshall be subject to the audit and accounting procedures established\n\nunder its bylaws. However, all receipts and disbursements of funds\n\nhandled by the Commission shall be audited yearly by a certified or\n\nlicensed public accountant, and the report of the audit shall be\n\nincluded in and become part of the annual report of the Commission.\n\ni. Qualified Immunity, Defense and Indemnification\n\n1. The administrators, officers, executive director, employees\n\nand representatives of the Commission shall be immune from suit and\n\nliability, either personally or in their official capacity, for any\n\nclaim for damage to or loss of property or personal injury or other\n\ncivil liability caused by or arising out of any actual or alleged\n\nact, error or omission that occurred, or that the person against\n\nwhom the claim is made had a reasonable basis for believing\n\noccurred, within the scope of Commission employment, duties or\n\nresponsibilities; provided, that nothing in this paragraph shall be\n\nconstrued to protect any such person from suit or liability for any\n\ndamage, loss, injury or liability caused by the intentional, willful\n\nor wanton misconduct of that person.\n\n2. The Commission shall defend any administrator, officer,\n\nexecutive director, employee or representative of the Commission in\n\nany civil action seeking to impose liability arising out of any\n\nactual or alleged act, error or omission that occurred within the\n\nscope of Commission employment, duties or responsibilities, or that\n\nthe person against whom the claim is made had a reasonable basis for\n\nbelieving occurred within the scope of Commission employment, duties\n\nor responsibilities, provided that the actual or alleged act, error\n\nor omission did not result from that person's intentional, willful\n\nor wanton misconduct; and provided further, that nothing herein\n\nshall be construed to prohibit that person from retaining his or her\n\nown counsel.\n\n3. The Commission shall indemnify and hold harmless any\n\nadministrator, officer, executive director, employee or\n\nrepresentative of the Commission for the amount of any settlement or\n\njudgment obtained against that person arising out of any actual or\n\nalleged act, error or omission that occurred within the scope of\n\nCommission employment, duties or responsibilities, or that such\n\nperson had a reasonable basis for believing occurred within the\n\nscope of Commission employment, duties or responsibilities, provided\n\nthat the actual or alleged act, error or omission did not result\n\nfrom the intentional, willful or wanton misconduct of that person.\n\nARTICLE VIII\n\nRulemaking\n\na. The Commission shall exercise its rulemaking powers pursuant\n\nto the criteria set forth in this Article and the rules adopted\n\nthereunder. Rules and amendments shall become binding as of the\n\ndate specified in each rule or amendment and shall have the same\n\nforce and effect as provisions of this Compact.\n\nb. Rules or amendments to the rules shall be adopted at a\n\nregular or special meeting of the Commission.\n\nc. Prior to promulgation and adoption of a final rule or rules\n\nby the Commission, and at least sixty (60) days in advance of the\n\nmeeting at which the rule will be considered and voted upon, the\ns provisions of this Compact.\n\nb. Rules or amendments to the rules shall be adopted at a\n\nregular or special meeting of the Commission.\n\nc. Prior to promulgation and adoption of a final rule or rules\n\nby the Commission, and at least sixty (60) days in advance of the\n\nmeeting at which the rule will be considered and voted upon, the\n\nCommission shall file a notice of proposed rulemaking:\n\n1. On the website of the Commission; and\n\n2. On the website of each licensing board or the publication in\n\nwhich each state would otherwise publish proposed rules.\n\nd. The notice of proposed rulemaking shall include:\n\n1. The proposed time, date and location of the meeting in which\n\nthe rule will be considered and voted upon;\n\n2. The text of the proposed rule or amendment, and the reason\n\nfor the proposed rule;\n\n3. A request for comments on the proposed rule from any\n\ninterested person; and\n\n4. The manner in which interested persons may submit notice to\n\nthe Commission of their intention to attend the public hearing and\n\nany written comments.\n\ne. Prior to adoption of a proposed rule, the Commission shall\n\nallow persons to submit written data, facts, opinions and arguments,\n\nwhich shall be made available to the public.\n\nf. The Commission shall grant an opportunity for a public\n\nhearing before it adopts a rule or amendment.\n\ng. The Commission shall publish the place, time and date of the\n\nscheduled public hearing.\n\n1. Hearings shall be conducted in a manner providing each\n\nperson who wishes to comment a fair and reasonable opportunity to\n\ncomment orally or in writing. All hearings will be recorded, and a\n\ncopy will be made available upon request.\n\n2. Nothing in this Article shall be construed as requiring a\n\nseparate hearing on each rule. Rules may be grouped for the\n\nconvenience of the Commission at hearings required by this Article.\n\nh. If no one appears at the public hearing, the Commission may\n\nproceed with promulgation of the proposed rule.\n\ni. Following the scheduled hearing date, or by the close of\n\nbusiness on the scheduled hearing date if the hearing was not held,\n\nthe Commission shall consider all written and oral comments\n\nreceived.\n\nj. The Commission shall, by majority vote of all\n\nadministrators, take final action on the proposed rule and shall\n\ndetermine the effective date of the rule, if any, based on the\n\nrulemaking record and the full text of the rule.\n\nk. Upon determination that an emergency exists, the Commission\n\nmay consider and adopt an emergency rule without prior notice,\n\nopportunity for comment or hearing; provided, that the usual\n\nrulemaking procedures provided in this Compact and in this Article\n\nshall be retroactively applied to the rule as soon as reasonably\n\npossible, and in no event later than ninety (90) days after the\n\neffective date of the rule. For the purposes of this provision, an\n\nemergency rule is one that must be adopted immediately in order to:\n\n1. Meet an imminent threat to public health, safety or welfare;\n\n2. Prevent a loss of Commission or party state funds; or\n\n3. Meet a deadline for the promulgation of an administrative\n\nrule that is required by federal law or rule.\n\nl. The Commission may direct revisions to a previously adopted\n\nrule or amendment for purposes of correcting typographical errors,\n\nerrors in format, errors in consistency or grammatical errors.\n\nPublic notice of any revisions shall be posted on the website of the\n\nCommission. The revision shall be subject to challenge by any\n\nperson for a period of thirty (30) days after posting. The revision\n\nmay be challenged only on grounds that the revision results in a\n\nmaterial change to a rule. A challenge shall be made in writing and\n\ndelivered to the Commission prior to the end of the notice period.\n\nIf no challenge is made, the revision will take effect without\ne\n\nCommission. The revision shall be subject to challenge by any\n\nperson for a period of thirty (30) days after posting. The revision\n\nmay be challenged only on grounds that the revision results in a\n\nmaterial change to a rule. A challenge shall be made in writing and\n\ndelivered to the Commission prior to the end of the notice period.\n\nIf no challenge is made, the revision will take effect without\n\nfurther action. If the revision is challenged, the revision may not\n\ntake effect without the approval of the Commission.\n\nARTICLE IX\n\nOversight, Dispute Resolution and Enforcement\n\na. Oversight\n\n1. Each party state shall enforce this Compact and take all\n\nactions necessary and appropriate to effectuate this Compact's\n\npurposes and intent.\n\n2. The Commission shall be entitled to receive service of\n\nprocess in any proceeding that may affect the powers,\n\nresponsibilities or actions of the Commission, and shall have\n\nstanding to intervene in such a proceeding for all purposes.\n\nFailure to provide service of process in such proceeding to the\n\nCommission shall render a judgment or order void as to the\n\nCommission, this Compact or promulgated rules.\n\nb. Default, Technical Assistance and Termination\n\n1. If the Commission determines that a party state has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder this Compact or the promulgated rules, the Commission shall:\n\ni. Provide written notice to the defaulting state and\n\nother party states of the nature of the default, the\n\nproposed means of curing the default or any other\n\naction to be taken by the Commission; and\n\nii. Provide remedial training and specific technical\n\nassistance regarding the default.\n\n2. If a state in default fails to cure the default, the\n\ndefaulting state's membership in this Compact may be terminated upon\n\nan affirmative vote of a majority of the administrators, and all\n\nrights, privileges and benefits conferred by this Compact may be\n\nterminated on the effective date of termination. A cure of the\n\ndefault does not relieve the offending state of obligations or\n\nliabilities incurred during the period of default.\n\n3. Termination of membership in this Compact shall be imposed\n\nonly after all other means of securing compliance have been\n\nexhausted. Notice of intent to suspend or terminate shall be given\n\nby the Commission to the governor of the defaulting state and to the\n\nexecutive officer of the defaulting state's licensing board and each\n\nof the party states.\n\n4. A state whose membership in this Compact has been terminated\n\nis responsible for all assessments, obligations and liabilities\n\nincurred through the effective date of termination, including\n\nobligations that extend beyond the effective date of termination.\n\n5. The Commission shall not bear any costs related to a state\n\nthat is found to be in default or whose membership in this Compact\n\nhas been terminated unless agreed upon in writing between the\n\nCommission and the defaulting state.\n\n6. The defaulting state may appeal the action of the Commission\n\nby petitioning the U.S. District Court for the District of Columbia\n\nor the federal district in which the Commission has its principal\n\noffices. The prevailing party shall be awarded all costs of such\n\nlitigation, including reasonable attorney fees.\n\nc. Dispute Resolution\n\n1. Upon request by a party state, the Commission shall attempt\n\nto resolve disputes related to the Compact that arise among party\n\nstates and between party and nonparty states.\n\n2. The Commission shall promulgate a rule providing for both\n\nmediation and binding dispute resolution for disputes, as\n\nappropriate.\n\n3. In the event the Commission cannot resolve disputes among\n\nparty states arising under this Compact:\n\ni. The party states may submit the issues in dispute to\n\nan arbitration panel, which will be comprised of\n\nindividuals appointed by the Compact administrator in\n2. The Commission shall promulgate a rule providing for both\n\nmediation and binding dispute resolution for disputes, as\n\nappropriate.\n\n3. In the event the Commission cannot resolve disputes among\n\nparty states arising under this Compact:\n\ni. The party states may submit the issues in dispute to\n\nan arbitration panel, which will be comprised of\n\nindividuals appointed by the Compact administrator in\n\neach of the affected party states and an individual\n\nmutually agreed upon by the Compact administrators of\n\nall the party states involved in the dispute.\n\nii. The decision of a majority of the arbitrators shall be\n\nfinal and binding.\n\nd. Enforcement\n\n1. The Commission, in the reasonable exercise of its\n\ndiscretion, shall enforce the provisions and rules of this Compact.\n\n2. By majority vote, the Commission may initiate legal action\n\nin the U.S. District Court for the District of Columbia or the\n\nfederal district in which the Commission has its principal offices\n\nagainst a party state that is in default to enforce compliance with\n\nthe provisions of this Compact and its promulgated rules and bylaws.\n\nThe relief sought may include both injunctive relief and damages.\n\nIn the event judicial enforcement is necessary, the prevailing party\n\nshall be awarded all costs of such litigation, including reasonable\n\nattorney fees.\n\n3. The remedies herein shall not be the exclusive remedies of\n\nthe Commission. The Commission may pursue any other remedies\n\navailable under federal or state law.\n\nARTICLE X\n\nEffective Date, Withdrawal and Amendment\n\na. This Compact shall become effective and binding on the\n\nearlier of the date of legislative enactment of this Compact into\n\nlaw by no less than twenty-six (26) states or December 31, 2018.\n\nAll party states to this Compact that also were parties to the prior\n\nNurse Licensure Compact superseded by this Compact (Prior Compact)\n\nshall be deemed to have withdrawn from said Prior Compact within six\n\n(6) months after the effective date of this Compact.\n\nb. Each party state to this Compact shall continue to recognize\n\na nurse's multistate licensure privilege to practice in that party\n\nstate issued under the Prior Compact until such party state has\n\nwithdrawn from the Prior Compact.\n\nc. Any party state may withdraw from this Compact by enacting a\n\nstatute repealing the same. A party state's withdrawal shall not\n\ntake effect until six (6) months after enactment of the repealing\n\nstatute.\n\nd. A party state's withdrawal or termination shall not affect\n\nthe continuing requirement of the withdrawing or terminated state's\n\nlicensing board to report adverse actions and significant\n\ninvestigations occurring prior to the effective date of such\n\nwithdrawal or termination.\n\ne. Nothing contained in this Compact shall be construed to\n\ninvalidate or prevent any nurse licensure agreement or other\n\ncooperative arrangement between a party state and a nonparty state\n\nthat is made in accordance with the other provisions of this\n\nCompact.\n\nf. This Compact may be amended by the party states. No\n\namendment to this Compact shall become effective and binding upon\n\nthe party states unless and until it is enacted into the laws of all\n\nparty states.\n\ng. Representatives of nonparty states to this Compact shall be\n\ninvited to participate in the activities of the Commission, on a\n\nnonvoting basis, prior to the adoption of this Compact by all\n\nstates.\n\nARTICLE XI\n\nConstruction and Severability\n\nThis Compact shall be liberally construed so as to effectuate\n\nthe purposes thereof. The provisions of this Compact shall be\n\nseverable, and if any phrase, clause, sentence or provision of this\n\nCompact is declared to be contrary to the constitution of any party\n\nstate or of the United States, or if the applicability thereof to\n\nany government, agency, person or circumstance is held invalid, the\npurposes thereof. The provisions of this Compact shall be\n\nseverable, and if any phrase, clause, sentence or provision of this\n\nCompact is declared to be contrary to the constitution of any party\n\nstate or of the United States, or if the applicability thereof to\n\nany government, agency, person or circumstance is held invalid, the\n\nvalidity of the remainder of this Compact and the applicability\n\nthereof to any government, agency, person or circumstance shall not\n\nbe affected thereby. If this Compact shall be held to be contrary\n\nto the constitution of any party state, this Compact shall remain in\n\nfull force and effect as to the remaining party states and in full\n\nforce and effect as to the party state affected as to all severable\n\nmatters.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"3f4db7ba244e0ef4baaad2b38e4fae50e7f5da444928d6e0a554e43f5d67ada7","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-567.20","next":"us-ok/okla.-stat.-tit.-59-59-567.22"},"notice":"GroundRules: Original legal text. Not legal advice."}