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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 HOUSE BILL 1134
4
5 By: Representative Unger
6
7
8 For An Act To Be Entitled
9 AN ACT TO ADOPT THE ADVANCED PRACTICE REGISTERED
10 NURSE COMPACT IN ARKANSAS; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO ADOPT THE ADVANCED PRACTICE
15 REGISTERED NURSE COMPACT IN ARKANSAS.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code Title 17, Chapter 87, is amended to add an
20 additional subchapter to read as follows:
21 Subchapter 9 -- Advanced Practice Registered Nurse Compact
22
23 17-87-901. Text of compact.
24 The Advanced Practice Registered Nurse Compact is enacted into law and
25 entered into by this state with all states legally joining therein and in the
26 form substantially as follows:
27
28 ADVANCED PRACTICE REGISTERED NURSE COMPACT
29
30 ARTICLE I
31
32 Findings and Declaration of Purpose
33
34 a. The party states find that:
35 1. The health and safety of the public are affected by the
36 degree of compliance with APRN licensure requirements and the effectiveness
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1 of enforcement activities related to state APRN licensure laws;
2 2. Violations of APRN licensure and other laws regulating the
3 practice of nursing may result in injury or harm to the public;
4 3. The expanded mobility of APRNs and the use of advanced
5 communication and intervention technologies as part of our nation's health
6 care delivery system require greater coordination and cooperation among
7 states in the areas of APRN licensure and regulation;
8 4. New practice modalities and technology make compliance with
9 individual state APRN licensure laws difficult and complex;
10 5. The current system of duplicative APRN licensure for APRNs
11 practicing in multiple states is cumbersome and redundant for healthcare
12 delivery systems, payors, state licensing boards, regulators and APRNs;
13 6. Uniformity of APRN licensure requirements throughout the
14 states promotes public safety and public health benefits as well as providing
15 a mechanism to increase access to care.
16 b. The general purposes of this Compact are to:
17 1. Facilitate the states' responsibility to protect the public's
18 health and safety;
19 2. Ensure and encourage the cooperation of party states in the
20 areas of APRN licensure and regulation, including promotion of uniform
21 licensure requirements;
22 3. Facilitate the exchange of information between party states
23 in the areas of APRN regulation, investigation and adverse actions;
24 4. Promote compliance with the laws governing APRN practice in
25 each jurisdiction;
26 5. Invest all party states with the authority to hold an APRN
27 accountable for meeting all state practice laws in the state in which the
28 patient is located at the time care is rendered through the mutual
29 recognition of party state privileges to practice;
30 6. Decrease redundancies in the consideration and issuance of
31 APRN licenses; and
32 7. Provide opportunities for interstate practice by APRNs who
33 meet uniform licensure requirements.
34
35 ARTICLE II
36
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1 Definitions
2 As used in this Compact:
3 a. "Advanced practice registered nurse" or "APRN" means a registered
4 nurse who has gained additional specialized knowledge, skills and experience
5 through a program of study recognized or defined by the Interstate Commission
6 of APRN Compact Administrators ("Commission"), and who is licensed to perform
7 advanced nursing practice. An advanced practice registered nurse is licensed
8 in an APRN role that is congruent with an APRN educational program,
9 certification, and Commission rules.
10 b. "Adverse action" means any administrative, civil, equitable or
11 criminal action permitted by a state's laws which is imposed by a licensing
12 board or other authority against an APRN, including actions against an
13 individual's license or multistate licensure privilege such as revocation,
14 suspension, probation, monitoring of the licensee, limitation on the
15 licensee's practice, or any other encumbrance on licensure affecting an
16 APRN's authorization to practice, including the issuance of a cease and
17 desist action.
18 c. "Alternative program" means a, non-disciplinary monitoring program
19 approved by a licensing board.
20 d. "APRN licensure" means the regulatory mechanism used by a party
21 state to grant legal authority to practice as an APRN.
22 e. "APRN uniform licensure requirements" means the minimum uniform
23 licensure, education and examination requirements set forth in Article III.b
24 of this Compact.
25 f. "Coordinated licensure information system" means an integrated
26 process for collecting, storing and sharing information on APRN licensure and
27 enforcement activities related to APRN licensure laws that is administered by
28 a nonprofit organization composed of and controlled by licensing boards.
29 g. "Current significant investigatory information" means:
30 1. Investigative information that a licensing board, after a
31 preliminary inquiry that includes notification and an opportunity for the
32 APRN to respond, if required by state law, has reason to believe is not
33 groundless and, if proved true, would indicate more than a minor infraction;
34 or
35 2. Investigative information that indicates that the APRN
36 represents an immediate threat to public health and safety regardless of
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1 whether the APRN has been notified and had an opportunity to respond.
2 h. "Encumbrance" means a revocation or suspension of, or any
3 limitation on, the full and unrestricted practice of nursing imposed by a
4 licensing board in connection with a disciplinary proceeding.
5 i. "Home state" means the party state that is the APRN's primary state
6 of residence.
7 j. "Licensing board" means a party state's regulatory body responsible
8 for regulating the practice of advanced practice registered nursing.
9 k. "Multistate license" means an APRN license to practice as an APRN
10 issued by a home state licensing board that authorizes the APRN to practice
11 as an APRN in all party states under a multistate licensure privilege, in the
12 same role and population focus as the APRN is licensed in the home state.
13 l. "Multistate licensure privilege" means a legal authorization
14 associated with an APRN multistate license that permits an APRN to practice
15 as an APRN in a remote state, in the same role and population focus as the
16 APRN is licensed in the home state.
17 m. "Non-controlled prescription drug" means a device or drug that is
18 not a controlled substance and is prohibited under state or federal law from
19 being dispensed without a prescription. The term includes a device or drug
20 that bears or is required to bear the legend "Caution: federal law prohibits
21 dispensing without prescription" or "prescription only" or other legend that
22 complies with federal law.
23 n. "Party state" means any state that has adopted this Compact.
24 o. "Population focus" means one of the six population foci of
25 family/individual across the lifespan, adult-gerontology, pediatrics,
26 neonatal, women's health/gender-related and psych/mental health.
27 p. "Prescriptive authority" means the legal authority to prescribe
28 medications and devices as defined by party state laws.
29 q. "Remote state" means a party state that is not the home state.
30 r. "Role" means one of the four recognized roles of certified
31 registered nurse anesthetists (CRNA), certified nurse-midwives (CNM),
32 clinical nurse specialists (CNS) and certified nurse practitioners (CNP).
33 s. "Single-state license" means an APRN license issued by a party
34 state that authorizes practice only within the issuing state and does not
35 include a multistate licensure privilege to practice in any other party
36 state.
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1 t. "State" means a state, territory or possession of the United States
2 and the District of Columbia.
3 u. "State practice laws" means a party state's laws, rules, and
4 regulations that govern APRN practice, define the scope of advanced nursing
5 practice and create the methods and grounds for imposing discipline except
6 that prescriptive authority shall be treated in accordance with Article III.f
7 and g of this Compact. "State practice laws" does not include:
8 1. A party state's laws, rules, and regulations requiring
9 supervision or collaboration with a healthcare professional, except for laws,
10 rules, and regulations regarding prescribing controlled substances;
11 2. the requirements necessary to obtain and retain an APRN
12 license, except for qualifications or requirements of the home state.
13
14 ARTICLE III
15
16 General Provisions and Jurisdiction
17
18 a. A state must implement procedures for considering the criminal
19 history records of applicants for initial APRN licensure or APRN licensure by
20 endorsement. Such procedures shall include the submission of fingerprints or
21 other biometric-based information by APRN applicants for the purpose of
22 obtaining an applicant's criminal history record information from the Federal
23 Bureau of Investigation and the agency responsible for retaining that state's
24 criminal records.
25 b. Each party state shall require an applicant to satisfy the
26 following APRN uniform licensure requirements to obtain or retain a
27 multistate license in the home state:
28 1. Meets the home state's qualifications for licensure or
29 renewal of licensure, as well as, all other applicable state laws;
30 2. i. Has completed an accredited graduate-level education
31 program that prepares the applicant for one of the four recognized roles and
32 population foci; or
33 ii. Has completed a foreign APRN education program for one
34 of the four recognized roles and population foci that (a) has been approved
35 by the authorized accrediting body in the applicable country and (b) has been
36 verified by an independent credentials review agency to be comparable to a
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1 licensing board-approved APRN education program;
2 3. Has, if a graduate of a foreign APRN education program not
3 taught in English or if English is not the individual's native language,
4 successfully passed an English proficiency examination that includes the
5 components of reading, speaking, writing and listening;
6 4. Has successfully passed a national certification examination
7 that measures APRN, role and population-focused competencies and maintains
8 continued competence as evidenced by recertification in the role and
9 population focus through the national certification program;
10 5. Holds an active, unencumbered license as a registered nurse
11 and an active, unencumbered authorization to practice as an APRN;
12 6. Has successfully passed an NCLEX-RN� examination or
13 recognized predecessor, as applicable;
14 7. Has practiced for at least 2,080 hours as an APRN in a role
15 and population focus congruent with the applicant's education and training.
16 For purposes of this section, practice shall not include hours obtained as
17 part of enrollment in an APRN education program;
18 8. Has submitted, in connection with an application for initial
19 licensure or licensure by endorsement, fingerprints or other biometric data
20 for the purpose of obtaining criminal history record information from the
21 Federal Bureau of Investigation and the agency responsible for retaining that
22 state or, if applicable, foreign country's criminal records;
23 9. Has not been convicted or found guilty, or has entered into
24 an agreed disposition, of a felony offense under applicable state, federal or
25 foreign criminal law.
26 10. Has not been convicted or found guilty, or has entered into
27 an agreed disposition, of a misdemeanor offense related to the practice of
28 nursing as determined by factors set forth in rules adopted by the
29 Commission;
30 11. Is not currently enrolled in an alternative program;
31 12. Is subject to self-disclosure requirements regarding current
32 participation in an alternative program; and
33 13. Has a valid United States Social Security number.
34 c. An APRN issued a multistate license shall be licensed in an
35 approved role and at least one approved population focus.
36 d. An APRN multistate license issued by a home state to a resident in
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1 that state will be recognized by each party state as authorizing the APRN to
2 practice as an APRN in each party state, under a multistate licensure
3 privilege, in the same role and population focus as the APRN is licensed in
4 the home state.
5 e. Nothing in this Compact shall affect the requirements established
6 by a party state for the issuance of a single-state license, except that an
7 individual may apply for a single-state license, instead of a multistate
8 license, even if otherwise qualified for the multistate license. However, the
9 failure of such an individual to affirmatively opt for a single state license
10 may result in the issuance of a multistate license.
11 f. Issuance of an APRN multistate license shall include prescriptive
12 authority for noncontrolled prescription drugs.
13 g. For each state in which an APRN seeks authority to prescribe
14 controlled substances, the APRN shall satisfy all requirements imposed by
15 such state in granting and/or renewing such authority.
16 h. An APRN issued a multistate license is authorized to assume
17 responsibility and accountability for patient care independent of any
18 supervisory or collaborative relationship. This authority may be exercised in
19 the home state and in any remote state in which the APRN exercises a
20 multistate licensure privilege.
21 i. All party states shall be authorized, in accordance with state due
22 process laws, to take adverse action against an APRN's multistate licensure
23 privilege such as revocation, suspension, probation or any
24 other action that affects an APRN's authorization to practice under a
25 multistate licensure privilege, including cease and desist actions. If a
26 party state takes such action, it shall promptly notify the administrator of
27 the coordinated licensure information system. The administrator of the
28 coordinated licensure information system shall promptly notify the home state
29 of any such actions by remote states.
30 j. Except as otherwise expressly provided in this Compact, an APRN
31 practicing in a party state must comply with the state practice laws of the
32 state in which the client is located at the time service is provided. APRN
33 practice is not limited to patient care, but shall include all advanced
34 nursing practice as defined by the state practice laws of the party state in
35 which the client is located. APRN practice in a party state under a
36 multistate licensure privilege will subject the APRN to the jurisdiction of
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1 the licensing board, the courts, and the laws of the party state in which the
2 client is located at the time service is provided.
3 k. Except as otherwise expressly provided in this Compact, this
4 Compact does not affect additional requirements imposed by states for
5 advanced practice registered nursing. However, a multistate licensure
6 privilege to practice registered nursing granted by a party state shall be
7 recognized by other party states as satisfying any state law requirement for
8 registered nurse licensure as a precondition for authorization to practice as
9 an APRN in that state.
10 l. Individuals not residing in a party state shall continue to be able
11 to apply for a party state's single- state APRN license as provided under the
12 laws of each party state. However, the single-state license granted to these
13 individuals will not be recognized as granting the privilege to practice as
14 an APRN in any other party state.
15
16 ARTICLE IV
17
18 Applications for APRN Licensure in a Party State
19
20 a. Upon application for an APRN multistate license, the licensing
21 board in the issuing party state shall ascertain, through the coordinated
22 licensure information system, whether the applicant has ever held or is the
23 holder of a licensed practical/vocational nursing license, a registered
24 nursing license or an advanced practice registered nurse license issued by
25 any other state, whether there are any encumbrances on any license or
26 multistate licensure privilege held by the applicant, whether any adverse
27 action has been taken against any license or multistate licensure privilege
28 held by the applicant and whether the applicant is currently participating in
29 an alternative program.
30 b. An APRN may hold a multistate APRN license, issued by the home
31 state, in only one party state at a time.
32 c. If an APRN changes primary state of residence by moving between two
33 party states, the APRN must apply for APRN licensure in the new home state,
34 and the multistate license issued by the prior home state shall be
35 deactivated in accordance with applicable Commission rules.
36 1. The APRN may apply for licensure in advance of a change in
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1 primary state of residence.
2
3 2. A multistate APRN license shall not be issued by the new home
4 state until the APRN provides satisfactory evidence of a change in primary
5 state of residence to the new home state and satisfies all applicable
6 requirements to obtain a multistate APRN license from the new home state.
7 d. If an APRN changes primary state of residence by moving from a
8 party state to a non-party state, the APRN multistate license issued by the
9 prior home state will convert to a single-state license, valid only in the
10 former home state.
11
12 ARTICLE V
13
14 Additional Authorities Invested in Party State Licensing Boards
15
16 a. In addition to the other powers conferred by state law, a licensing
17 board shall have the authority to:
18 1. Take adverse action against an APRN's multistate licensure
19 privilege to practice within that party state.
20 i. Only the home state shall have power to take adverse
21 action against an APRN's license issued by the home state.
22 ii. For purposes of taking adverse action, the home state
23 licensing board shall give the same priority and effect to reported conduct
24 that occurred outside of the home state as it would if such conduct had
25 occurred within the home state. In so doing, the home state shall apply its
26 own state laws to determine appropriate action.
27 2. Issue cease and desist orders or impose an encumbrance on an
28 APRN's authority to practice within that party state.
29 3. Complete any pending investigations of an APRN who changes
30 primary state of residence during the course of such investigations. The
31 licensing board shall also have the authority to take appropriate action(s)
32 and shall promptly report the conclusions of such investigations to the
33 administrator of the coordinated licensure information system. The
34 administrator of the coordinated licensure information system shall promptly
35 notify the new home state of any such actions.
36 4. Issue subpoenas for both hearings and investigations that
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1 require the attendance and testimony of witnesses, as well as, the production
2 of evidence. Subpoenas issued by a party state licensing board for the
3 attendance and testimony of witnesses and/or the production of evidence from
4 another party state shall be enforced in the latter state by any court of
5 competent jurisdiction, according to that court's practice and procedure in
6 considering subpoenas issued in its own proceedings. The issuing licensing
7 board shall pay any witness fees, travel expenses, mileage and other fees
8 required by the service statutes of the state in which the witnesses and/or
9 evidence are located.
10 5. Obtain and submit, for an APRN licensure applicant,
11 fingerprints or other biometric-based information to the Federal Bureau of
12 Investigation for criminal background checks, receive the results of the
13 Federal Bureau of Investigation record search on criminal background checks
14 and use the results in making licensure decisions.
15 6. If otherwise permitted by state law, recover from the
16 affected APRN the costs of investigations and disposition of cases resulting
17 from any adverse action taken against that APRN.
18 7. Take adverse action based on the factual findings of another
19 party state, provided that the licensing board follows its own procedures for
20 taking such adverse action.
21 b. If adverse action is taken by a home state against an APRN's
22 multistate licensure, the privilege to practice in all other party states
23 under a multistate licensure privilege shall be deactivated until all
24 encumbrances have been removed from the APRN's multistate license. All home
25 state disciplinary orders that impose adverse action against an APRN's
26 multistate license shall include a statement that the APRN's multistate
27 licensure privilege is deactivated in all party states during the pendency of
28 the order.
29 c. Nothing in this Compact shall override a party state's decision
30 that participation in an alternative program may be used in lieu of adverse
31 action. The home state licensing board shall deactivate the multistate
32 licensure privilege under the multistate license of any APRN for the duration
33 of the APRN's participation in an alternative program.
34
35 ARTICLE VI
36
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1 Coordinated Licensure Information System and Exchange of Information
2
3 a. All party states shall participate in a coordinated licensure
4 information system of all APRNs, licensed registered nurses and licensed
5 practical/vocational nurses. This system will include information on the
6 licensure and disciplinary history of each APRN, as submitted by party
7 states, to assist in the coordinated administration of APRN licensure and
8 enforcement efforts.
9 b. The Commission, in consultation with the administrator of the
10 coordinated licensure information system, shall formulate necessary and
11 proper procedures for the identification, collection and exchange of
12 information under this Compact.
13 c. All licensing boards shall promptly report to the coordinated
14 licensure information system any adverse action, any current significant
15 investigative information, denials of applications (with the reasons for such
16 denials) and APRN participation in alternative programs known to the
17 licensing board regardless of whether such participation is deemed nonpublic
18 and/or confidential under state law.
19 d. Notwithstanding any other provision of law, all party state
20 licensing boards contributing information to the coordinated licensure
21 information system may designate information that may not be shared with non-
22 party states or disclosed to other entities or individuals without the
23 express permission of the contributing state.
24 e. Any personally identifiable information obtained from the
25 coordinated licensure information system by a party state licensing board
26 shall not be shared with non-party states or disclosed to other entities or
27 individuals except to the extent permitted by the laws of the party state
28 contributing the information.
29 f. Any information contributed to the coordinated licensure
30 information system that is subsequently required to be expunged by the laws
31 of the party state contributing the information shall be removed from the
32 coordinated licensure information system.
33 g. The Compact administrator of each party state shall furnish a
34 uniform data set to the Compact administrator of each other party state,
35 which shall include, at a minimum:
36 1. Identifying information;
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1 2. Licensure data;
2 3. Information related to alternative program participation
3 information; and
4 4. Other information that may facilitate the administration of
5 this Compact, as determined by Commission rules.
6 h. The Compact administrator of a party state shall provide all
7 investigative documents and information requested by another party state.
8
9 ARTICLE VII
10
11 Establishment of the Interstate Commission of APRN Compact Administrators
12
13 a. The party states hereby create and establish a joint public agency
14 known as the Interstate Commission of APRN Compact Administrators.
15 1. The Commission is an instrumentality of the party states.
16 2. Venue is proper, and judicial proceedings by or against the
17 Commission shall be brought solely and exclusively, in a court of competent
18 jurisdiction where the principal office of the Commission is located. The
19 Commission may waive venue and jurisdictional defenses to the extent it
20 adopts or consents to participate in alternative dispute resolution
21 proceedings.
22 3. Nothing in this Compact shall be construed to be a waiver of
23 sovereign immunity.
24 b. Membership, Voting and Meetings
25 1. Each party state shall have and be limited to one
26 administrator. The head of the state licensing board or designee shall be the
27 administrator of this Compact for each party state. Any administrator may be
28 removed or suspended from office as provided by the law of the state from
29 which the Administrator is appointed. Any vacancy occurring in the Commission
30 shall be filled in accordance with the laws of the party state in which the
31 vacancy exists.
32 2. Each administrator shall be entitled to one (1) vote with
33 regard to the promulgation of rules and creation of bylaws and shall
34 otherwise have an opportunity to participate in the business and affairs of
35 the Commission. An administrator shall vote in person or by such other means
36 as provided in the bylaws. The bylaws may provide for an administrator's
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1 participation in meetings by telephone or other means of communication.
2 3. The Commission shall meet at least once during each calendar
3 year. Additional meetings shall be held as set forth in the bylaws or rules
4 of the commission.
5 4. All meetings shall be open to the public, and public notice
6 of meetings shall be given in the same manner as required under the
7 rulemaking provisions in Article VIII.
8 5. The Commission may convene in a closed, nonpublic meeting if
9 the Commission must discuss:
10 i. Noncompliance of a party state with its obligations
11 under this Compact;
12 ii. The employment, compensation, discipline or other
13 personnel matters, practices or procedures related to specific employees or
14 other matters related to the Commission's internal personnel practices and
15 procedures;
16 iii. Current, threatened, or reasonably anticipated
17 litigation;
18 iv. Negotiation of contracts for the purchase or sale of
19 goods, services or real estate;
20 v. Accusing any person of a crime or formally censuring
21 any person;
22 vi. Disclosure of trade secrets or commercial or financial
23 information that is privileged or confidential;
24 vii. Disclosure of information of a personal nature where
25 disclosure would constitute a clearly unwarranted invasion of personal
26 privacy;
27 viii. Disclosure of investigatory records compiled for law
28 enforcement purposes;
29 ix. Disclosure of information related to any reports
30 prepared by or on behalf of the Commission for the purpose of investigation
31 of compliance with this Compact; or
32 x. Matters specifically exempted from disclosure by
33 federal or state statute.
34 6. If a meeting, or portion of a meeting, is closed pursuant to
35 this provision, the Commission's legal counsel or designee shall certify that
36 the meeting may be closed and shall reference each relevant exempting
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1 provision. The Commission shall keep minutes that fully and clearly describe
2 all matters discussed in a meeting and shall provide a full and accurate
3 summary of actions taken, and the reasons therefor, including a description
4 of the views expressed. All documents considered in connection with an action
5 shall be identified in such minutes. All minutes and documents of a closed
6 meeting shall remain under seal, subject to release by a majority vote of the
7 Commission or order of a court of competent jurisdiction.
8 c. The Commission shall, by a majority vote of the administrators,
9 prescribe bylaws or rules to govern its conduct as may be necessary or
10 appropriate to carry out the purposes and exercise the powers of this
11 Compact, including but not limited to:
12 1. Establishing the fiscal year of the Commission;
13 2. Providing reasonable standards and procedures:
14 i. For the establishment and meetings of other committees;
15 and
16 ii. Governing any general or specific delegation of any
17 authority or function of the Commission.
18 3. Providing reasonable procedures for calling and conducting
19 meetings of the Commission, ensuring reasonable advance notice of all
20 meetings and providing an opportunity for attendance of such meetings by
21 interested parties, with enumerated exceptions designed to protect the
22 public's interest, the privacy of individuals, and proprietary information,
23 including trade secrets. The Commission may meet in closed session only after
24 a majority of the administrators vote to close a meeting in whole or in part.
25 As soon as practicable, the Commission must make public a copy of the vote to
26 close the meeting revealing the vote of each administrator, with no proxy
27 votes allowed;
28 4. Establishing the titles, duties and authority and reasonable
29 procedures for the election of the officers of the Commission;
30 5. Providing reasonable standards and procedures for the
31 establishment of the personnel policies and programs of the Commission.
32 Notwithstanding any civil service or other similar laws of any party state,
33 the bylaws shall exclusively govern the personnel policies and programs of
34 the Commission;
35 6. Providing a mechanism for winding up the operations of the
36 Commission and the equitable disposition of any surplus funds that may exist
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1 after the termination of this Compact after the payment and/or reserving of
2 all of its debts and obligations;
3 d. The Commission shall publish its bylaws and rules, and any
4 amendments thereto, in a convenient form on the website of the Commission;
5 e. The Commission shall maintain its financial records in accordance
6 with the bylaws; and
7 f. The Commission shall meet and take such actions as are consistent
8 with the provisions of this Compact and the bylaws.
9 g. The Commission shall have the following powers:
10 1. To promulgate uniform rules to facilitate and coordinate
11 implementation and administration of this Compact. The rules shall have the
12 force and effect of law and shall be binding in all party states;
13 2. To bring and prosecute legal proceedings or actions in the
14 name of the Commission, provided that the standing of any licensing board to
15 sue or be sued under applicable law shall not be affected;
16 3. To purchase and maintain insurance and bonds;
17 4. To borrow, accept or contract for services of personnel,
18 including but not limited to employees of a party state or nonprofit
19 organizations;
20 5. To cooperate with other organizations that administer state
21 compacts related to the regulation of nursing, including but not limited to
22 sharing administrative or staff expenses, office space or other resources;
23 6. To hire employees, elect or appoint officers, fix
24 compensation, define duties, grant such individuals appropriate authority to
25 carry out the purposes of this Compact, and to establish the Commission's
26 personnel policies and programs relating to conflicts of interest,
27 qualifications of personnel and other related personnel matters;
28 7. To accept any and all appropriate donations, grants and gifts
29 of money, equipment, supplies, materials and services, and to receive,
30 utilize and dispose of the same; provided that at all times the Commission
31 shall strive to avoid any appearance of impropriety and/or conflict of
32 interest;
33 8. To lease, purchase, accept appropriate gifts or donations of,
34 or otherwise to own, hold, improve or use, any property, whether real,
35 personal or mixed; provided that at all times the Commission shall strive to
36 avoid any appearance of impropriety;
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1 9. To sell convey, mortgage, pledge, lease, exchange, abandon or
2 otherwise dispose of any property, whether real, personal or mixed;
3 10. To establish a budget and make expenditures;
4 11. To borrow money;
5 12. To appoint committees, including advisory committees
6 comprised of administrators, state nursing regulators, state legislators or
7 their representatives, and consumer representatives, and other such
8 interested persons;
9 13. To issue advisory opinions;
10 14. To provide and receive information from, and to cooperate
11 with, law enforcement agencies;
12 15. To adopt and use an official seal; and
13 16. To perform such other functions as may be necessary or
14 appropriate to achieve the purposes of this Compact consistent with the state
15 regulation of APRN licensure and practice.
16 h. Financing of the Commission
17 1. The Commission shall pay, or provide for the payment of, the
18 reasonable expenses of its establishment, organization and ongoing
19 activities.
20 2. The Commission may also levy on and collect an annual
21 assessment from each party state to cover the cost of its operations,
22 activities and staff in its annual budget as approved each year. The
23 aggregate annual assessment amount, if any, shall be allocated based upon a
24 formula to be determined by the Commission, which shall promulgate a rule
25 that is binding upon all party states.
26 3. The Commission shall not incur obligations of any kind prior
27 to securing the funds adequate to meet the same; nor shall the Commission
28 pledge the credit of any of the party states, except by, and with the
29 authority of, such party state.
30 4. The Commission shall keep accurate accounts of all receipts
31 and disbursements. The receipts and disbursements of the Commission shall be
32 subject to the audit and accounting procedures established under its bylaws.
33 However, all receipts and disbursements of funds handled by the Commission
34 shall by audited yearly by a certified or licensed public accountant, and the
35 report of the audit shall be included in and become part of the annual report
36 of the Commission.
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1 i. Qualified Immunity, Defense, and Indemnification
2 1. The administrators, officers, executive director, employees
3 and representatives of the Commission shall be immune from suit and
4 liability, either personally or in their official capacity, for any claim for
5 damage to or loss of property or personal injury or other civil liability
6 caused by or arising out of any actual or alleged act, error or omission that
7 occurred, or that the person against whom the claim is made had a reasonable
8 basis for believing occurred, within the scope of Commission employment,
9 duties or responsibilities; provided that nothing in this paragraph shall be
10 construed to protect any such person from suit and/or liability for any
11 damage, loss, injury or liability caused by the intentional, willful or
12 wanton misconduct of that person.
13 2. The Commission shall defend any administrator, officer,
14 executive director, employee or representative of the Commission in any civil
15 action seeking to impose liability arising out of any actual or alleged act,
16 error or omission that occurred within the scope of Commission employment,
17 duties or responsibilities, or that the person against whom the claim is made
18 had a reasonable basis for believing occurred within the scope of Commission
19 employment, duties or responsibilities; provided that nothing herein shall be
20 construed to prohibit that person from retaining his or her own counsel; and
21 provided further that the actual or alleged act, error or omission did not
22 result from that person's intentional, willful or wanton misconduct.
23 3. The Commission shall indemnify and hold harmless any
24 administrator, officer, executive director, employee or representative of the
25 Commission for the amount of any settlement or judgment obtained against that
26 person arising out of any actual or alleged act, error or omission that
27 occurred within the scope of Commission employment, duties or
28 responsibilities, or that such person had a reasonable basis for believing
29 occurred within the scope of Commission employment, duties or
30 responsibilities, provided that the actual or alleged act, error or omission
31 did not result from the intentional, willful or wanton misconduct of that
32 person.
33
34 ARTICLE VIII
35
36 Rulemaking
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1
2 a. The Commission shall exercise its rulemaking powers pursuant to the
3 criteria set forth in this Article and the rules adopted thereunder. Rules
4 and amendments shall become binding as of the date specified in each rule or
5 amendment and shall have the same force and effect as provisions of this
6 Compact.
7 b. Rules or amendments to the rules shall be adopted at a regular or
8 special meeting of the Commission.
9 c. Prior to promulgation and adoption of a final rule or rules by the
10 Commission, and at least sixty (60) days in advance of the meeting at which
11 the rule will be considered and voted upon, the Commission shall file a
12 notice of proposed rulemaking:
13 1. On the website of the Commission; and
14 2. On the website of each licensing board or the publication in
15 which each state would otherwise publish proposed rules.
16 d. The notice of proposed rulemaking shall include:
17 1. The proposed time, date and location of the meeting in which
18 the rule will be considered and voted upon;
19 2. The text of the proposed rule or amendment, and the reason
20 for the proposed rule;
21 3. A request for comments on the proposed rule from any
22 interested person; and
23 4. The manner in which interested persons may submit notice to
24 the Commission of their intention to attend the public hearing and any
25 written comments.
26 e. Prior to adoption of a proposed rule, the Commission shall allow
27 persons to submit written data, facts, opinions and arguments, which shall be
28 made available to the public.
29 f. The Commission shall grant an opportunity for a public hearing
30 before it adopts a rule or amendment.
31 g. The Commission shall publish the place, time, and date of the
32 scheduled public hearing.
33 1. Hearings shall be conducted in a manner providing each person
34 who wishes to comment a fair and reasonable opportunity to comment orally or
35 in writing. All hearings will be recorded, and a copy will be made available
36 upon request.
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1 2. Nothing in this section shall be construed as requiring a
2 separate hearing on each rule. Rules may be grouped for the convenience of
3 the Commission at hearings required by this section.
4 h. If no one appears at the public hearing, the Commission may proceed
5 with promulgation of the proposed rule.
6 i. Following the scheduled hearing date, or by the close of business
7 on the scheduled hearing date if the hearing was not held, the Commission
8 shall consider all written and oral comments received.
9 j. The Commission shall, by majority vote of all administrators, take
10 final action on the proposed rule and shall determine the effective date of
11 the rule, if any, based on the rulemaking record and the full text of the
12 rule.
13 k. Upon determination that an emergency exists, the Commission may
14 consider and adopt an emergency rule without prior notice, opportunity for
15 comment, or hearing, provided that the usual rulemaking procedures provided
16 in this Compact and in this section shall be retroactively applied to the
17 rule as soon as reasonably possible, in no event later than ninety (90) days
18 after the effective date of the rule. For the purposes of this provision, an
19 emergency rule is one that must be adopted immediately in order to:
20 1. Meet an imminent threat to public health, safety or welfare;
21 2. Prevent a loss of Commission or party state funds; or
22 3. Meet a deadline for the promulgation of an administrative
23 rule that is established by federal law or rule.
24 l. The Commission may direct revisions to a previously adopted rule or
25 amendment for purposes of correcting typographical errors, errors in format,
26 errors in consistency or grammatical errors. Public notice of any revisions
27 shall be posted on the website of the Commission. The revision shall be
28 subject to challenge by any person for a period of thirty (30) days after
29 posting. The revision may be challenged only on grounds that the revision
30 results in a material change to a rule. A challenge shall be made in writing,
31 and delivered to the Commission, prior to the end of the notice period. If no
32 challenge is made, the revision will take effect without further action. If
33 the revision is challenged, the revision may not take effect without the
34 approval of the Commission.
35
36 ARTICLE IX
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2 Oversight, Dispute Resolution and Enforcement
3
4 a. Oversight
5 1. Each party state shall enforce this Compact and take all
6 actions necessary and appropriate to effectuate this Compact's purposes and
7 intent.
8 2. The Commission shall be entitled to receive service of
9 process in any proceeding that may affect the powers, responsibilities or
10 actions of the Commission, and shall have standing to intervene in such a
11 proceeding for all purposes. Failure to provide service of process to the
12 Commission shall render a judgment or order void as to the Commission, this
13 Compact or promulgated rules.
14 b. Default, Technical Assistance and Termination
15 1. If the Commission determines that a party state has defaulted
16 in the performance of its obligations or responsibilities under this Compact
17 or the promulgated rules, the Commission shall:
18 i. Provide written notice to the defaulting state and
19 other party states of the nature of the default, the proposed means of curing
20 the default and/or any other action to be taken by the Commission; and
21 ii. Provide remedial training and specific technical
22 assistance regarding the default.
23 2. If a state in default fails to cure the default, the
24 defaulting state's membership in this Compact may be terminated upon an
25 affirmative vote of a majority of the administrators, and all rights,
26 privileges and benefits conferred by this Compact may be terminated on the
27 effective date of termination. A cure of the default does not relieve the
28 offending state of obligations or liabilities incurred during the period of
29 default.
30 3. Termination of membership in this Compact shall be imposed
31 only after all other means of securing compliance have been exhausted. Notice
32 of intent to suspend or terminate shall be given by the Commission to the
33 governor of the defaulting state and to the executive officer of the
34 defaulting state's licensing board, the defaulting state's licensing board,
35 and each of the party states.
36 4. A state whose membership in this Compact has been terminated
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1 is responsible for all assessments, obligations and liabilities incurred
2 through the effective date of termination, including obligations that extend
3 beyond the effective date of termination.
4 5. The Commission shall not bear any costs related to a state
5 that is found to be in default or whose membership in this Compact has been
6 terminated, unless agreed upon in writing between the Commission and the
7 defaulting state.
8 6. The defaulting state may appeal the action of the Commission
9 by petitioning the U.S. District Court for the District of Columbia or the
10 federal district in which the Commission has its principal offices. The
11 prevailing party shall be awarded all costs of such litigation, including
12 reasonable attorneys' fees.
13 c. Dispute Resolution
14 1. Upon request by a party state, the Commission shall attempt
15 to resolve disputes related to the Compact that arise among party states and
16 between party and non-party states.
17 2. The Commission shall promulgate a rule providing for both
18 mediation and binding dispute resolution for disputes, as appropriate.
19 3. In the event the Commission cannot resolve disputes among
20 party states arising under this Compact:
21 i. The party states may submit the issues in dispute to an
22 arbitration panel, which will be comprised of individuals appointed by the
23 Compact administrator in each of the affected party states and an individual
24 mutually agreed upon by the Compact administrators of all the party states
25 involved in the dispute.
26 ii. The decision of a majority of the arbitrators shall be
27 final and binding.
28 d. Enforcement
29 1. The Commission, in the reasonable exercise of its discretion,
30 shall enforce the provisions and rules of this Compact.
31 2. By majority vote, the Commission may initiate legal action in
32 the United States District Court for the District of Columbia or the federal
33 district in which the Commission has its principal offices against a party
34 state that is in default to enforce compliance with the provisions of this
35 Compact and its promulgated rules and bylaws. The relief sought may include
36 both injunctive relief and damages. In the event judicial enforcement is
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1 necessary, the prevailing party shall be awarded all costs of such
2 litigation, including reasonable attorneys' fees.
3 3. The remedies herein shall not be the exclusive remedies of
4 the Commission. The Commission may pursue any other remedies available under
5 federal or state law.
6
7 ARTICLE X
8
9 Effective Date, Withdrawal and Amendment
10
11 a. This Compact shall come into limited effect at such time as this
12 Compact has been enacted into law in seven (7) party states for the sole
13 purpose of establishing and convening the Commission to adopt rules relating
14 to its operation.
15 b. Any state that joins this Compact subsequent to the Commission's
16 initial adoption of the APRN uniform licensure requirements shall be subject
17 to all rules that have been previously adopted by the Commission.
18 c. Any party state may withdraw from this Compact by enacting a
19 statute repealing the same. A party state's withdrawal shall not take effect
20 until six (6) months after enactment of the repealing statute.
21 d. A party state's withdrawal or termination shall not affect the
22 continuing requirement of the withdrawing or terminated state's licensing
23 board to report adverse actions and significant investigations occurring
24 prior to the effective date of such withdrawal or termination.
25 e. Nothing contained in this Compact shall be construed to invalidate
26 or prevent any APRN licensure agreement or other cooperative arrangement
27 between a party state and a non-party state that does not conflict with the
28 provisions of this Compact.
29 f. This Compact may be amended by the party states. No amendment to
30 this Compact shall become effective and binding upon any party state until it
31 is enacted into the laws of all party states.
32 g. Representatives of non-party states to this Compact shall be
33 invited to participate in the activities of the Commission, on a nonvoting
34 basis, prior to the adoption of this Compact by all states.
35
36 ARTICLE XI
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2 Construction and Severability
3
4 This Compact shall be liberally construed so as to effectuate the purposes
5 thereof. The provisions of this Compact shall be severable, and if any
6 phrase, clause, sentence or provision of this Compact is declared to be
7 contrary to the constitution of any party state or of the United States, or
8 if the applicability thereof to any government, agency, person or
9 circumstance is held invalid, the validity of the remainder of this Compact
10 and the applicability thereof to any government, agency, person or
11 circumstance shall not be affected thereby. If this Compact shall be held to
12 be contrary to the constitution of any party state, this Compact shall remain
13 in full force and effect as to the remaining party states and in full force
14 and effect as to the party state affected as to all severable matters.
15
16 17-87-902. Administration of compact -- Rules.
17 (a) The Arkansas State Board of Nursing is the Advanced Practice
18 Registered Nurse Compact administrator for this state.
19 (b) The board may adopt rules that are consistent with the compact
20 necessary to implement this subchapter.
21 (c) The board is not required to adopt the rules of the Advanced
22 Practice Registered Nurse Compact Commission for those rules to be effective
23 in this state.
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23 01/14/2025 12:32:59 PM JMB105Every fact on this page links to its source, starting with the official bill record.