Florida Senate - 2016 SB 1316
By Senator Grimsley
21-00477-16 20161316__
1 A bill to be entitled
2 An act relating to the Nurse Licensure Compact;
3 amending s. 456.073, F.S.; requiring the Department of
4 Health to report certain investigative information to
5 the coordinated licensure information system; amending
6 s. 456.076, F.S.; requiring an impaired practitioner
7 consultant to disclose certain information to the
8 department upon request; requiring a nurse holding a
9 multistate license to report participation in a
10 treatment program to the department; amending s.
11 464.003, F.S.; revising definitions to conform to
12 changes made by the compact; amending s. 464.004,
13 F.S.; requiring the executive director of the Board of
14 Nursing or his or her designee to serve as state
15 administrator of the Nurse Licensure Compact; amending
16 s. 464.008, F.S.; providing eligibility criteria for a
17 multistate license; requiring that multistate licenses
18 be distinguished from single-state licenses; exempting
19 certain persons from licensed practical nurse and
20 registered nurse licensure requirements; amending s.
21 464.009, F.S.; exempting certain persons from
22 requirements for licensure by endorsement; creating s.
23 464.0095, F.S.; creating the Nurse Licensure Compact;
24 providing findings and purpose; providing definitions;
25 providing for the recognition of nursing licenses in
26 party states; requiring party states to perform
27 criminal history checks of licensure applicants;
28 providing requirements for obtaining and retaining a
29 multistate license; authorizing party states to take
30 adverse action against a nurse’s multistate licensure
31 privilege; requiring notification to the home
32 licensing state of an adverse action against a
33 licensee; requiring nurses practicing in party states
34 to comply with state practice laws; providing
35 limitations for licensees not residing in a party
36 state; providing the effect of the act on a current
37 licensee; providing application requirements for a
38 multistate license; providing licensure requirements
39 when a licensee moves between party states or to a
40 nonparty state; providing certain authority to state
41 licensing boards of party states; requiring
42 deactivation of a nurse’s multistate licensure
43 privilege under certain circumstances; authorizing
44 participation in an alternative program in lieu of
45 adverse action against a license; requiring all party
46 states to participate in a coordinated licensure
47 information system; providing for the development of
48 the system, reporting procedures, and the exchange of
49 certain information between party states; establishing
50 the Interstate Commission of Nurse Licensure Compact
51 Administrators; providing for the jurisdiction and
52 venue for court proceedings; providing membership and
53 duties; authorizing the commission to adopt rules;
54 providing rulemaking procedures; providing for state
55 enforcement of the compact; providing for the
56 termination of compact membership; providing
57 procedures for the resolution of certain disputes;
58 providing an effective date of the compact; providing
59 a procedure for membership termination; providing
60 compact amendment procedures; authorizing nonparty
61 states to participate in commission activities before
62 adoption of the compact; providing construction and
63 severability; amending s. 464.012, F.S.; authorizing a
64 multistate licensee under the compact to be certified
65 as an advanced registered nurse practitioner if
66 certain eligibility criteria are met; amending s.
67 464.015, F.S.; authorizing registered nurses and
68 licensed practical nurses holding a multistate license
69 under the compact to use certain titles and
70 abbreviations; amending s. 464.018, F.S.; revising the
71 grounds for denial of a nursing license or
72 disciplinary action against a nursing licensee;
73 authorizing certain disciplinary action under the
74 compact for certain prohibited acts; amending s.
75 464.0195, F.S.; revising the information required to
76 be included in the database on nursing supply and
77 demand; requiring the Florida Center for Nursing to
78 analyze and make future projections of the supply and
79 demand for nurses; authorizing the center to request,
80 and requiring the Board of Nursing to provide, certain
81 information about licensed nurses; providing a
82 contingent effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Subsection (10) of section 456.073, Florida
87 Statutes, is amended to read:
88 456.073 Disciplinary proceedings.—Disciplinary proceedings
89 for each board shall be within the jurisdiction of the
90 department.
91 (10) The complaint and all information obtained pursuant to
92 the investigation by the department are confidential and exempt
93 from s. 119.07(1) until 10 days after probable cause has been
94 found to exist by the probable cause panel or by the department,
95 or until the regulated professional or subject of the
96 investigation waives his or her privilege of confidentiality,
97 whichever occurs first. The department shall report any
98 significant investigation information relating to a nurse
99 holding a multistate license to the coordinated licensure
100 information system pursuant to s. 464.0095. Upon completion of
101 the investigation and a recommendation by the department to find
102 probable cause, and pursuant to a written request by the subject
103 or the subject’s attorney, the department shall provide the
104 subject an opportunity to inspect the investigative file or, at
105 the subject’s expense, forward to the subject a copy of the
106 investigative file. Notwithstanding s. 456.057, the subject may
107 inspect or receive a copy of any expert witness report or
108 patient record connected with the investigation if the subject
109 agrees in writing to maintain the confidentiality of any
110 information received under this subsection until 10 days after
111 probable cause is found and to maintain the confidentiality of
112 patient records pursuant to s. 456.057. The subject may file a
113 written response to the information contained in the
114 investigative file. Such response must be filed within 20 days
115 of mailing by the department, unless an extension of time has
116 been granted by the department. This subsection does not
117 prohibit the department from providing such information to any
118 law enforcement agency or to any other regulatory agency.
119 Section 2. Subsection (9) of section 456.076, Florida
120 Statutes, is amended to read:
121 456.076 Treatment programs for impaired practitioners.—
122 (9) An impaired practitioner consultant is the official
123 custodian of records relating to the referral of an impaired
124 licensee or applicant to that consultant and any other
125 interaction between the licensee or applicant and the
126 consultant. The consultant may disclose to the impaired licensee
127 or applicant or his or her designee any information that is
128 disclosed to or obtained by the consultant or that is
129 confidential under paragraph (6)(a), but only to the extent that
130 it is necessary to do so to carry out the consultant’s duties
131 under this section. The department, and any other entity that
132 enters into a contract with the consultant to receive the
133 services of the consultant, has direct administrative control
134 over the consultant to the extent necessary to receive
135 disclosures from the consultant as allowed by federal law. The
136 consultant must disclose to the department, upon the
137 department’s request, whether an applicant for a multistate
138 license under s. 464.0095 is participating in a treatment
139 program and must report to the department when a nurse holding a
140 multistate license under s. 464.0095 enters a treatment program.
141 A nurse holding a multistate license pursuant to s. 464.0095
142 must report to the department within 2 business days after
143 entering a treatment program pursuant to this section. If a
144 disciplinary proceeding is pending, an impaired licensee may
145 obtain such information from the department under s. 456.073.
146 Section 3. Subsections (16) and (22) of section 464.003,
147 Florida Statutes, are amended to read:
148 464.003 Definitions.—As used in this part, the term:
149 (16) “Licensed practical nurse” means any person licensed
150 in this state or holding an active multistate license under s.
151 464.0095 to practice practical nursing.
152 (22) “Registered nurse” means any person licensed in this
153 state or holding an active multistate license under s. 464.0095
154 to practice professional nursing.
155 Section 4. Subsection (5) is added to section 464.004,
156 Florida Statutes, to read:
157 464.004 Board of Nursing; membership; appointment; terms.—
158 (5) The executive director of the board appointed pursuant
159 to s. 456.004(2) or his or her designee shall serve as the state
160 administrator of the Nurse Licensure Compact as required under
161 s. 464.0095.
162 Section 5. Subsection (2) of section 464.008, Florida
163 Statutes, is amended, and subsection (5) is added to that
164 section, to read:
165 464.008 Licensure by examination.—
166 (2)(a) Each applicant who passes the examination and
167 provides proof of meeting the educational requirements specified
168 in subsection (1) shall, unless denied pursuant to s. 464.018,
169 be entitled to licensure as a registered professional nurse or a
170 licensed practical nurse, whichever is applicable.
171 (b) An applicant who resides in this state, meets the
172 licensure requirements of this section, and meets the criteria
173 for multistate licensure under s. 464.0095 may request the
174 issuance of a multistate license from the department.
175 (c) A nurse who holds a single-state license in this state
176 and applies to the department for a multistate license must meet
177 the eligibility criteria for a multistate license under s.
178 464.0095 and must pay an application and licensure fee to change
179 the licensure status.
180 (d) The department shall conspicuously distinguish a
181 multistate license from a single-state license.
182 (5) A person holding an active multistate license in
183 another state pursuant to s. 464.0095 is exempt from the
184 licensure requirements of this section.
185 Section 6. Subsection (7) is added to section 464.009,
186 Florida Statutes, to read:
187 464.009 Licensure by endorsement.—
188 (7) A person holding an active multistate license in
189 another state pursuant to s. 464.0095 is exempt from the
190 requirements for licensure by endorsement in this section.
191 Section 7. Section 464.0095, Florida Statutes, is created
192 to read:
193 464.0095 Nurse Licensure Compact.—The Nurse Licensure
194 Compact is hereby enacted into law and entered into by this
195 state with all other jurisdictions legally joining therein in
196 the form substantially as follows:
197 ARTICLE I
198 FINDINGS AND DECLARATION OF PURPOSE
199 (1) The party states find that:
200 (a) The health and safety of the public are affected by the
201 degree of compliance with and the effectiveness of enforcement
202 activities related to state nurse licensure laws.
203 (b) Violations of nurse licensure and other laws regulating
204 the practice of nursing may result in injury or harm to the
205 public.
206 (c) The expanded mobility of nurses and the use of advanced
207 communication technologies as part of the nation’s health care
208 delivery system require greater coordination and cooperation
209 among states in the areas of nurse licensure and regulation.
210 (d) New practice modalities and technology make compliance
211 with individual state nurse licensure laws difficult and
212 complex.
213 (e) The current system of duplicative licensure for nurses
214 practicing in multiple states is cumbersome and redundant for
215 both nurses and states.
216 (f) Uniformity of nurse licensure requirements throughout
217 the states promotes public safety and public health benefits.
218 (2) The general purposes of this compact are to:
219 (a) Facilitate the states’ responsibility to protect the
220 public’s health and safety.
221 (b) Ensure and encourage the cooperation of party states in
222 the areas of nurse licensure and regulation.
223 (c) Facilitate the exchange of information among party
224 states in the areas of nurse regulation, investigation, and
225 adverse actions.
226 (d) Promote compliance with the laws governing the practice
227 of nursing in each jurisdiction.
228 (e) Invest all party states with the authority to hold a
229 nurse accountable for meeting all state practice laws in the
230 state in which the patient is located at the time care is
231 rendered through the mutual recognition of party state licenses.
232 (f) Decrease redundancies in the consideration and issuance
233 of nurse licenses.
234 (g) Provide opportunities for interstate practice by nurses
235 who meet uniform licensure requirements.
236 ARTICLE II
237 DEFINITIONS
238 As used in this compact, the term:
239 (1) “Adverse action” means any administrative, civil,
240 equitable, or criminal action permitted by a state’s laws which
241 is imposed by a licensing board or other authority against a
242 nurse, including actions against an individual’s license or
243 multistate licensure privilege, such as revocation, suspension,
244 probation, monitoring of the licensee, limitation on the
245 licensee’s practice, or any other encumbrance on licensure
246 affecting a nurse’s authorization to practice, including
247 issuance of a cease and desist action.
248 (2) “Alternative program” means a nondisciplinary
249 monitoring program approved by a licensing board.
250 (3) “Commission” means the Interstate Commission of Nurse
251 Licensure Compact Administrators established by this compact.
252 (4) “Compact” means the Nurse Licensure Compact recognized,
253 established, and entered into by the state under this compact.
254 (5) “Coordinated licensure information system” means an
255 integrated process for collecting, storing, and sharing
256 information on nurse licensure and enforcement activities
257 related to nurse licensure laws which is administered by a
258 nonprofit organization composed of and controlled by licensing
259 boards.
260 (6) “Current significant investigative information” means:
261 (a) Investigative information that a licensing board, after
262 a preliminary inquiry that includes notification and an
263 opportunity for the nurse to respond, if required by state law,
264 has reason to believe is not groundless and, if proved true,
265 would indicate more than a minor infraction; or
266 (b) Investigative information that indicates that the nurse
267 represents an immediate threat to public health and safety
268 regardless of whether the nurse has been notified and had an
269 opportunity to respond.
270 (7) “Encumbrance” means a revocation or suspension of, or
271 any limitation on, the full and unrestricted practice of nursing
272 imposed by a licensing board.
273 (8) “Home state” means the party state that is the nurse’s
274 primary state of residence.
275 (9) “Licensing board” means a party state’s regulatory body
276 responsible for issuing nurse licenses.
277 (10) “Multistate license” means a license to practice as a
278 registered nurse (RN) or a licensed practical or vocational
279 nurse (LPN/VN) issued by a home state licensing board which
280 authorizes the licensed nurse to practice in all party states
281 under a multistate licensure privilege.
282 (11) “Multistate licensure privilege” means a legal
283 authorization associated with a multistate license permitting
284 the practice of nursing as either an RN or an LPN/VN in a remote
285 state.
286 (12) “Nurse” means an RN or LPN/VN, as those terms are
287 defined by each party state’s practice laws.
288 (13) “Party state” means any state that has adopted this
289 compact.
290 (14) “Remote state” means a party state other than the home
291 state.
292 (15) “Single-state license” means a nurse license issued by
293 a party state which authorizes practice only within the issuing
294 state and does not include a multistate licensure privilege to
295 practice in any other party state.
296 (16) “State” means a state, territory, or possession of the
297 United States, or the District of Columbia.
298 (17) “State practice laws” means a party state’s laws,
299 rules, and regulations that govern the practice of nursing,
300 define the scope of nursing practice, and create the methods and
301 grounds for imposing discipline. The term does not include
302 requirements necessary to obtain and retain a license, except
303 for qualifications or requirements of the home state.
304 ARTICLE III
305 GENERAL PROVISIONS AND JURISDICTION
306 (1) A multistate license to practice registered or licensed
307 practical or vocational nursing issued by a home state to a
308 resident in that state is recognized by each party state as
309 authorizing a nurse to practice as an RN or as an LPN/VN under a
310 multistate licensure privilege in each party state.
311 (2) Each party state must implement procedures for
312 considering the criminal history records of applicants for
313 initial multistate licensure or licensure by endorsement. Such
314 procedures shall include the submission of fingerprints or other
315 biometric-based information by applicants for the purpose of
316 obtaining an applicant’s criminal history record information
317 from the Federal Bureau of Investigation and the agency
318 responsible for retaining that state’s criminal records.
319 (3) In order for an applicant to obtain or retain a
320 multistate license in the home state, each party state must
321 require that the applicant fulfills the following criteria:
322 (a) Has met the home state’s qualifications for licensure
323 or renewal of licensure, as well as all other applicable state
324 laws.
325 (b)1. Has graduated or is eligible to graduate from a
326 licensing board-approved RN or LPN/VN prelicensure education
327 program; or
328 2. Has graduated from a foreign RN or LPN/VN prelicensure
329 education program that has been approved by the authorized
330 accrediting body in the applicable country and has been verified
331 by a licensing board-approved independent credentials review
332 agency to be comparable to a licensing board-approved
333 prelicensure education program.
334 (c) If the applicant is a graduate of a foreign
335 prelicensure education program not taught in English, or if
336 English is not the applicant’s native language, has successfully
337 passed a licensing board-approved English proficiency
338 examination that includes the components of reading, speaking,
339 writing, and listening.
340 (d) Has successfully passed an NCLEX-RN or NCLEX-PN
341 Examination or recognized predecessor, as applicable.
342 (e) Is eligible for or holds an active, unencumbered
343 license.
344 (f) Has submitted, in connection with an application for
345 initial licensure or licensure by endorsement, fingerprints or
346 other biometric data for the purpose of obtaining criminal
347 history record information from the Federal Bureau of
348 Investigation and the agency responsible for retaining that
349 state’s criminal records.
350 (g) Has not been convicted or found guilty, or has entered
351 into an agreed disposition other than a disposition that results
352 in nolle prosequi, of a felony offense under applicable state or
353 federal criminal law.
354 (h) Has not been convicted or found guilty, or has entered
355 into an agreed disposition other than a disposition that results
356 in nolle prosequi, of a misdemeanor offense related to the
357 practice of nursing as determined on a case-by-case basis.
358 (i) Is not currently enrolled in an alternative program.
359 (j) Is subject to self-disclosure requirements regarding
360 current participation in an alternative program.
361 (k) Has a valid social security number.
362 (4) All party states may, in accordance with existing state
363 due process law, take adverse action against a nurse’s
364 multistate licensure privilege, such as revocation, suspension,
365 probation, or any other action that affects the nurse’s
366 authorization to practice under a multistate licensure
367 privilege, including cease and desist actions. If a party state
368 takes such action, it shall promptly notify the administrator of
369 the coordinated licensure information system. The administrator
370 of the coordinated licensure information system shall promptly
371 notify the home state of any such actions by remote states.
372 (5) A nurse practicing in a party state shall comply with
373 the state practice laws of the state in which the patient is
374 located at the time service is provided. The practice of nursing
375 is not limited to patient care but includes all nursing practice
376 as defined by the state practice laws of the party state in
377 which the patient is located. The practice of nursing in a party
378 state under a multistate licensure privilege subjects a nurse to
379 the jurisdiction of the licensing board, the courts, and the
380 laws of the party state in which the patient is located at the
381 time service is provided.
382 (6) A person not residing in a party state shall continue
383 to be able to apply for a party state’s single-state license as
384 provided under the laws of each party state. The single-state
385 license granted to such a person does not grant the privilege to
386 practice nursing in any other party state. This compact does not
387 affect the requirements established by a party state for the
388 issuance of a single-state license.
389 (7) A nurse holding a home state multistate license, on the
390 effective date of this compact, may retain and renew the
391 multistate license issued by the nurse’s then-current home
392 state, provided that the nurse who changes his or her primary
393 state of residence after the effective date meets all applicable
394 requirements under subsection (3) to obtain a multistate license
395 from a new home state. A nurse who fails to satisfy the
396 multistate licensure requirements under subsection (3) due to a
397 disqualifying event occurring after the effective date is
398 ineligible to retain or renew a multistate license, and the
399 nurse’s multistate license shall be revoked or deactivated in
400 accordance with applicable rules adopted by the commission.
401 ARTICLE IV
402 APPLICATIONS FOR LICENSURE IN A PARTY STATE
403 (1) Upon application for a multistate license, the
404 licensing board in the issuing party state shall ascertain,
405 through the coordinated licensure information system, whether
406 the applicant has ever held, or is the holder of, a license
407 issued by any other state, whether there are any encumbrances on
408 any license or multistate licensure privilege held by the
409 applicant, whether any adverse action has been taken against any
410 license or multistate licensure privilege held by the applicant,
411 and whether the applicant is currently participating in an
412 alternative program.
413 (2) A nurse may hold a multistate license, issued by the
414 home state, in only one party state at a time.
415 (3) If a nurse changes his or her primary state of
416 residence by moving from one party state to another party state,
417 the nurse must apply for licensure in the new home state, and
418 the multistate license issued by the prior home state must be
419 deactivated in accordance with applicable rules adopted by the
420 commission.
421 (a) The nurse may apply for licensure in advance of a
422 change in his or her primary state of residence.
423 (b) A multistate license may not be issued by the new home
424 state until the nurse provides satisfactory evidence of a change
425 in his or her primary state of residence to the new home state
426 and satisfies all applicable requirements to obtain a multistate
427 license from the new home state.
428 (4) If a nurse changes his or her primary state of
429 residence by moving from a party state to a nonparty state, the
430 multistate license issued by the prior home state must convert
431 to a single-state license valid only in the former home state.
432 ARTICLE V
433 ADDITIONAL AUTHORITY VESTED IN PARTY STATE LICENSING BOARDS
434 (1) In addition to the other powers conferred by state law,
435 a licensing board or state agency may:
436 (a) Take adverse action against a nurse’s multistate
437 licensure privilege to practice within that party state.
438 1. Only the home state has the power to take adverse action
439 against a nurse’s license issued by the home state.
440 2. For purposes of taking adverse action, the home state
441 licensing board or state agency shall give the same priority and
442 effect to conduct reported by a remote state as it would if such
443 conduct had occurred within the home state. In so doing, the
444 home state shall apply its own state laws to determine
445 appropriate action.
446 (b) Issue cease and desist orders or impose an encumbrance
447 on a nurse’s authority to practice within that party state.
448 (c) Complete any pending investigation of a nurse who
449 changes his or her primary state of residence during the course
450 of such investigation. The licensing board or state agency may
451 also take appropriate action and shall promptly report the
452 conclusions of such investigation to the administrator of the
453 coordinated licensure information system. The administrator of
454 the coordinated licensure information system shall promptly
455 notify the new home state of any such action.
456 (d) Issue subpoenas for both hearings and investigations
457 that require the attendance and testimony of witnesses or the
458 production of evidence. Subpoenas issued by a licensing board or
459 state agency in a party state for the attendance and testimony
460 of witnesses or the production of evidence from another party
461 state shall be enforced in the latter state by any court of
462 competent jurisdiction according to the practice and procedure
463 of that court applicable to subpoenas issued in proceedings
464 pending before it. The issuing authority shall pay any witness
465 fees, travel expenses, and mileage and other fees required by
466 the service statutes of the state in which the witnesses or
467 evidence is located.
468 (e) Obtain and submit, for each nurse licensure applicant,
469 fingerprint or other biometric-based information to the Federal
470 Bureau of Investigation for criminal background checks, receive
471 the results of the Federal Bureau of Investigation record search
472 on criminal background checks, and use the results in making
473 licensure decisions.
474 (f) If otherwise permitted by state law, recover from the
475 affected nurse the costs of investigations and disposition of
476 cases resulting from any adverse action taken against that
477 nurse.
478 (g) Take adverse action based on the factual findings of
479 the remote state, provided that the licensing board or state
480 agency follows its own procedures for taking such adverse
481 action.
482 (2) If adverse action is taken by the home state against a
483 nurse’s multistate license, the nurse’s multistate licensure
484 privilege to practice in all other party states shall be
485 deactivated until all encumbrances are removed from the
486 multistate license. All home state disciplinary orders that
487 impose adverse action against a nurse’s multistate license shall
488 include a statement that the nurse’s multistate licensure
489 privilege is deactivated in all party states during the pendency
490 of the order.
491 (3) This compact does not override a party state’s decision
492 that participation in an alternative program may be used in lieu
493 of adverse action. The home state licensing board shall
494 deactivate the multistate licensure privilege under the
495 multistate license of any nurse for the duration of the nurse’s
496 participation in an alternative program.
497 ARTICLE VI
498 COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE
499 INFORMATION
500 (1) All party states shall participate in a coordinated
501 licensure information system relating to all licensed RNs and
502 LPNs/VNs. This system shall include information on the licensure
503 and disciplinary history of each nurse, as submitted by party
504 states, to assist in the coordination of nurse licensure and
505 enforcement efforts.
506 (2) The commission, in consultation with the administrator
507 of the coordinated licensure information system, shall formulate
508 necessary and proper procedures for the identification,
509 collection, and exchange of information under this compact.
510 (3) All licensing boards shall promptly report to the
511 coordinated licensure information system any adverse action, any
512 current significant investigative information, denials of
513 applications, the reasons for application denials, and nurse
514 participation in alternative programs known to the licensing
515 board regardless of whether such participation is deemed
516 nonpublic or confidential under state law.
517 (4) Current significant investigative information and
518 participation in nonpublic or confidential alternative programs
519 shall be transmitted through the coordinated licensure
520 information system only to party state licensing boards.
521 (5) Notwithstanding any other provision of law, all party
522 state licensing boards contributing information to the
523 coordinated licensure information system may designate
524 information that may not be shared with nonparty states or
525 disclosed to other entities or individuals without the express
526 permission of the contributing state.
527 (6) Any personal identifying information obtained from the
528 coordinated licensure information system by a party state
529 licensing board may not be shared with nonparty states or
530 disclosed to other entities or individuals except to the extent
531 permitted by the laws of the party state contributing the
532 information.
533 (7) Any information contributed to the coordinated
534 licensure information system which is subsequently required to
535 be expunged by the laws of the party state contributing that
536 information is also expunged from the coordinated licensure
537 information system.
538 (8) The compact administrator of each party state shall
539 furnish a uniform data set to the compact administrator of each
540 other party state, which shall include, at a minimum:
541 (a) Identifying information.
542 (b) Licensure data.
543 (c) Information related to alternative program
544 participation.
545 (d) Other information that may facilitate the
546 administration of this compact, as determined by commission
547 rules.
548 (9) The compact administrator of a party state shall
549 provide all investigative documents and information requested by
550 another party state.
551 ARTICLE VII
552 ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE
553 COMPACT ADMINISTRATORS
554 (1) The party states hereby create and establish a joint
555 public entity known as the Interstate Commission of Nurse
556 Licensure Compact Administrators.
557 (a) The commission is an instrumentality of the party
558 states.
559 (b) Venue is proper, and judicial proceedings by or against
560 the commission shall be brought solely and exclusively, in a
561 court of competent jurisdiction where the commission’s principal
562 office is located. The commission may waive venue and
563 jurisdictional defenses to the extent it adopts or consents to
564 participate in alternative dispute resolution proceedings.
565 (c) This compact does not waive sovereign immunity.
566 (2)(a) Each party state shall have and be limited to one
567 administrator. The executive director of the state licensing
568 board or his or her designee shall be the administrator of this
569 compact for each party state. Any administrator may be removed
570 or suspended from office as provided by the law of the state
571 from which the administrator is appointed. Any vacancy occurring
572 on the commission shall be filled in accordance with the laws of
573 the party state in which the vacancy exists.
574 (b) Each administrator is entitled to one vote with regard
575 to the adoption of rules and the creation of bylaws and shall
576 otherwise have an opportunity to participate in the business and
577 affairs of the commission. An administrator shall vote in person
578 or by such other means as provided in the bylaws. The bylaws may
579 provide for an administrator’s participation in meetings by
580 telephone or other means of communication.
581 (c) The commission shall meet at least once during each
582 calendar year. Additional meetings shall be held as set forth in
583 the commission’s bylaws or rules.
584 (d) All meetings shall be open to the public, and public
585 notice of meetings shall be given in the same manner as required
586 under Article VIII of this compact.
587 (e) The commission may convene in a closed, nonpublic
588 meeting if the commission must discuss:
589 1. Failure of a party state to comply with its obligations
590 under this compact;
591 2. The employment, compensation, discipline, or other
592 personnel matters, practices, or procedures related to specific
593 employees or other matters related to the commission’s internal
594 personnel practices and procedures;
595 3. Current, threatened, or reasonably anticipated
596 litigation;
597 4. Negotiation of contracts for the purchase or sale of
598 goods, services, or real estate;
599 5. Accusing any person of a crime or formally censuring any
600 person;
601 6. Disclosure of trade secrets or commercial or financial
602 information that is privileged or confidential;
603 7. Disclosure of information of a personal nature where
604 disclosure would constitute a clearly unwarranted invasion of
605 personal privacy;
606 8. Disclosure of investigatory records compiled for law
607 enforcement purposes;
608 9. Disclosure of information related to any reports
609 prepared by or on behalf of the commission for the purpose of
610 investigation of compliance with this compact; or
611 10. Matters specifically exempted from disclosure by
612 federal or state statute.
613 (f) If a meeting, or portion of a meeting, is closed
614 pursuant to this subsection, the commission’s legal counsel or
615 designee shall certify that the meeting, or portion of the
616 meeting, is closed and shall reference each relevant exempting
617 provision. The commission shall keep minutes that fully and
618 clearly describe all matters discussed in a meeting and shall
619 provide a full and accurate summary of actions taken, and the
620 reasons therefor, including a description of the views
621 expressed. All documents considered in connection with an action
622 shall be identified in such minutes. All minutes and documents
623 of a closed meeting shall remain under seal, subject to release
624 by a majority vote of the commission or order of a court of
625 competent jurisdiction.
626 (3) The commission shall, by a majority vote of the
627 administrators, prescribe bylaws or rules to govern its conduct
628 as may be necessary or appropriate to carry out the purposes and
629 exercise the powers of this compact, including, but not limited
630 to:
631 (a) Establishing the commission’s fiscal year.
632 (b) Providing reasonable standards and procedures:
633 1. For the establishment and meetings of other committees.
634 2. Governing any general or specific delegation of any
635 authority or function of the commission.
636 (c) Providing reasonable procedures for calling and
637 conducting meetings of the commission, ensuring reasonable
638 advance notice of all meetings, and providing an opportunity for
639 attendance of such meetings by interested parties, with
640 enumerated exceptions designed to protect the public’s interest,
641 the privacy of individuals, and proprietary information,
642 including trade secrets. The commission may meet in closed
643 session only after a majority of the administrators vote to
644 close a meeting in whole or in part. As soon as practicable, the
645 commission must make public a copy of the vote to close the
646 meeting revealing the vote of each administrator, with no proxy
647 votes allowed.
648 (d) Establishing the titles, duties and authority, and
649 reasonable procedures for the election of the commission’s
650 officers.
651 (e) Providing reasonable standards and procedures for the
652 establishment of the commission’s personnel policies and
653 programs. Notwithstanding any civil service or other similar
654 laws of any party state, the bylaws shall exclusively govern the
655 commission’s personnel policies and programs.
656 (f) Providing a mechanism for winding up the commission’s
657 operations and the equitable disposition of any surplus funds
658 that may exist after the termination of this compact after the
659 payment or reserving of all of its debts and obligations.
660 (4) The commission shall publish its bylaws and rules, and
661 any amendments thereto, in a convenient form on the commission’s
662 website.
663 (5) The commission shall maintain its financial records in
664 accordance with the bylaws.
665 (6) The commission shall meet and take such actions as are
666 consistent with this compact and the bylaws.
667 (7) The commission may:
668 (a) Adopt uniform rules to facilitate and coordinate
669 implementation and administration of this compact. The rules
670 shall have the force and effect of law and are binding in all
671 party states.
672 (b) Bring and prosecute legal proceedings or actions in the
673 name of the commission, provided that the standing of any
674 licensing board to sue or be sued under applicable law is not
675 affected.
676 (c) Purchase and maintain insurance and bonds.
677 (d) Borrow, accept, or contract for services of personnel,
678 including employees of a party state or nonprofit organizations.
679 (e) Cooperate with other organizations that administer
680 state compacts related to the regulation of nursing, including
681 sharing administrative or staff expenses, office space, or other
682 resources.
683 (f) Hire employees, elect or appoint officers, fix
684 compensation, define duties, grant such individuals appropriate
685 authority to carry out the purposes of this compact, and
686 establish the commission’s personnel policies and programs
687 relating to conflicts of interest, qualifications of personnel,
688 and other related personnel matters.
689 (g) Accept any and all appropriate donations, grants, and
690 gifts of money, equipment, supplies, materials, and services and
691 receive, use, and dispose of the same, provided that, at all
692 times, the commission avoids any appearance of impropriety or
693 conflict of interest.
694 (h) Lease, purchase, accept appropriate gifts or donations
695 of, or otherwise own, hold, improve, or use any property,
696 whether real, personal, or mixed, provided that, at all times,
697 the commission avoids any appearance of impropriety.
698 (i) Sell, convey, mortgage, pledge, lease, exchange,
699 abandon, or otherwise dispose of any property, whether real,
700 personal, or mixed.
701 (j) Establish a budget and make expenditures.
702 (k) Borrow money.
703 (l) Appoint committees, including advisory committees
704 comprised of administrators, state nursing regulators, state
705 legislators or their representatives, consumer representatives,
706 and other interested persons.
707 (m) Provide information to, receive information from, and
708 cooperate with law enforcement agencies.
709 (n) Adopt and use an official seal.
710 (o) Perform such other functions as may be necessary or
711 appropriate to achieve the purposes of this compact consistent
712 with the state regulation of nurse licensure and practice.
713 (8) Relating to the financing of the commission, the
714 commission:
715 (a) Shall pay, or provide for the payment of, the
716 reasonable expenses of its establishment, organization, and
717 ongoing activities.
718 (b) May also levy and collect an annual assessment from
719 each party state to cover the cost of its operations,
720 activities, and staff in its annual budget as approved each
721 year. The aggregate annual assessment amount, if any, shall be
722 allocated based on a formula to be determined by the commission,
723 which shall adopt a rule that is binding on all party states.
724 (c) May not incur obligations of any kind before securing
725 the funds adequate to meet the same; and the commission may not
726 pledge the credit of any of the party states, except by and with
727 the authority of such party state.
728 (d) Shall keep accurate accounts of all receipts and
729 disbursements. The commission’s receipts and disbursements are
730 subject to the audit and accounting procedures established under
731 its bylaws. However, all receipts and disbursements of funds
732 handled by the commission shall be audited yearly by a certified
733 or licensed public accountant, and the report of the audit shall
734 be included in, and become part of, the commission’s annual
735 report.
736 (9) Relating to the sovereign immunity, defense, and
737 indemnification of the commission:
738 (a) The administrators, officers, executive director,
739 employees, and representatives of the commission are immune from
740 suit and liability, either personally or in their official
741 capacity, for any claim for damage to or loss of property or
742 personal injury or other civil liability caused by or arising
743 out of any actual or alleged act, error, or omission that
744 occurred, or that the person against whom the claim is made had
745 a reasonable basis for believing occurred, within the scope of
746 commission employment, duties, or responsibilities. This
747 paragraph does not protect any such person from suit or
748 liability for any damage, loss, injury, or liability caused by
749 the intentional, willful, or wanton misconduct of that person.
750 (b) The commission shall defend any administrator, officer,
751 executive director, employee, or representative of the
752 commission in any civil action seeking to impose liability
753 arising out of any actual or alleged act, error, or omission
754 that occurred within the scope of commission employment, duties,
755 or responsibilities or that the person against whom the claim is
756 made had a reasonable basis for believing occurred within the
757 scope of commission employment, duties, or responsibilities,
758 provided that the actual or alleged act, error, or omission did
759 not result from that person’s intentional, willful, or wanton
760 misconduct. This paragraph does not prohibit that person from
761 retaining his or her own counsel.
762 (c) The commission shall indemnify and hold harmless any
763 administrator, officer, executive director, employee, or
764 representative of the commission for the amount of any
765 settlement or judgment obtained against that person arising out
766 of any actual or alleged act, error, or omission that occurred
767 within the scope of commission employment, duties, or
768 responsibilities or that such person had a reasonable basis for
769 believing occurred within the scope of commission employment,
770 duties, or responsibilities, provided that the actual or alleged
771 act, error, or omission did not result from the intentional,
772 willful, or wanton misconduct of that person.
773 ARTICLE VIII
774 RULEMAKING
775 (1) The commission shall exercise its rulemaking powers
776 pursuant to the criteria set forth in this article and the rules
777 adopted thereunder. Rules and amendments become binding as of
778 the date specified in each rule or amendment and have the same
779 force and effect as provisions of this compact.
780 (2) Rules or amendments to the rules shall be adopted at a
781 regular or special meeting of the commission.
782 (3) Before adoption of a final rule or final rules by the
783 commission, and at least 60 days before the meeting at which the
784 rule will be considered and voted upon, the commission shall
785 file a notice of proposed rulemaking:
786 (a) On the commission’s website.
787 (b) On the website of each licensing board or the
788 publication in which each state would otherwise publish proposed
789 rules.
790 (4) The notice of proposed rulemaking shall include:
791 (a) The proposed time, date, and location of the meeting in
792 which the rule will be considered and voted upon.
793 (b) The text of the proposed rule or amendment and the
794 reason for the proposed rule.
795 (c) A request for comments on the proposed rule from any
796 interested person.
797 (d) The manner in which an interested person may submit
798 notice to the commission of his or her intention to attend the
799 public hearing and any written comments.
800 (5) Before adoption of a proposed rule, the commission
801 shall allow persons to submit written data, facts, opinions, and
802 arguments, which shall be made available to the public.
803 (6) The commission shall grant an opportunity for a public
804 hearing before it adopts a rule or amendment.
805 (7) The commission shall publish the place, time, and date
806 of the scheduled public hearing.
807 (a) Hearings shall be conducted in a manner providing each
808 person who wishes to comment a fair and reasonable opportunity
809 to comment orally or in writing. All hearings will be recorded,
810 and a copy will be made available upon request.
811 (b) This article does not require a separate hearing on
812 each rule. Rules may be grouped for the convenience of the
813 commission at hearings required by this article.
814 (8) If no interested person appears at the public hearing,
815 the commission may proceed with adoption of the proposed rule.
816 (9) Following the scheduled hearing date, or by the close
817 of business on the scheduled hearing date if the hearing is not
818 held, the commission shall consider all written and oral
819 comments received.
820 (10) The commission shall, by majority vote of all
821 administrators, take final action on the proposed rule and shall
822 determine the effective date of the rule, if any, based on the
823 rulemaking record and the full text of the rule.
824 (11) Upon determination that an emergency exists, the
825 commission may consider and adopt an emergency rule without
826 prior notice, opportunity for comment, or hearing, provided that
827 the usual rulemaking procedures provided in this compact and in
828 this article are applied retroactively to the rule as soon as
829 reasonably possible within 90 days after the effective date of
830 the rule. For the purposes of this subsection, an emergency rule
831 is one that must be adopted immediately in order to:
832 (a) Meet an imminent threat to public health, safety, or
833 welfare;
834 (b) Prevent a loss of commission or party state funds; or
835 (c) Meet a deadline for the adoption of an administrative
836 rule that is required by federal law or rule.
837 (12) The commission may direct revisions to a previously
838 adopted rule or amendment for purposes of correcting
839 typographical errors, errors in format, errors in consistency,
840 or grammatical errors. Public notice of any revisions shall be
841 posted on the commission’s website. The revision is subject to
842 challenge by any person for 30 days after posting. The revision
843 may be challenged only on grounds that the revision results in a
844 material change to a rule. A challenge must be made in writing
845 and delivered to the commission before the end of the notice
846 period. If no challenge is made, the revision shall take effect
847 without further action. If the revision is challenged, the
848 revision may not take effect without the commission’s approval.
849 ARTICLE IX
850 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
851 (1) Oversight of this compact shall be accomplished by:
852 (a) Each party state, which shall enforce this compact and
853 take all actions necessary and appropriate to effectuate this
854 compact’s purposes and intent.
855 (b) The commission, which is entitled to receive service of
856 process in any proceeding that may affect the powers,
857 responsibilities, or actions of the commission and has standing
858 to intervene in such a proceeding for all purposes. Failure to
859 provide service of process in such proceeding to the commission
860 renders a judgment or order void as to the commission, this
861 compact, or adopted rules.
862 (2) When the commission determines that a party state has
863 defaulted in the performance of its obligations or
864 responsibilities under this compact or the adopted rules, the
865 commission shall:
866 (a) Provide written notice to the defaulting state and
867 other party states of the nature of the default, the proposed
868 means of curing the default, or any other action to be taken by
869 the commission.
870 (b) Provide remedial training and specific technical
871 assistance regarding the default.
872 (3) If a state in default fails to cure the default, the
873 defaulting state’s membership in this compact may be terminated
874 upon an affirmative vote of a majority of the administrators,
875 and all rights, privileges, and benefits conferred by this
876 compact may be terminated on the effective date of termination.
877 A cure of the default does not relieve the offending state of
878 obligations or liabilities incurred during the period of
879 default.
880 (4) Termination of membership in this compact shall be
881 imposed only after all other means of securing compliance have
882 been exhausted. Notice of intent to suspend or terminate shall
883 be given by the commission to the governor of the defaulting
884 state, to the executive officer of the defaulting state’s
885 licensing board, and each of the party states.
886 (5) A state whose membership in this compact is terminated
887 is responsible for all assessments, obligations, and liabilities
888 incurred through the effective date of termination, including
889 obligations that extend beyond the effective date of
890 termination.
891 (6) The commission shall not bear any costs related to a
892 state that is found to be in default or whose membership in this
893 compact is terminated unless agreed upon in writing between the
894 commission and the defaulting state.
895 (7) The defaulting state may appeal the action of the
896 commission by petitioning the United States District Court for
897 the District of Columbia or the federal district in which the
898 commission has its principal offices. The prevailing party shall
899 be awarded all costs of such litigation, including reasonable
900 attorney fees.
901 (8) Dispute resolution may be used by the commission in the
902 following manner:
903 (a) Upon request by a party state, the commission shall
904 attempt to resolve disputes related to the compact that arise
905 among party states and between party and nonparty states.
906 (b) The commission shall adopt a rule providing for both
907 mediation and binding dispute resolution for disputes, as
908 appropriate.
909 (c) In the event the commission cannot resolve disputes
910 among party states arising under this compact:
911 1. The party states may submit the issues in dispute to an
912 arbitration panel, which will be comprised of individuals
913 appointed by the compact administrator in each of the affected
914 party states and an individual mutually agreed upon by the
915 compact administrators of all the party states involved in the
916 dispute.
917 2. The decision of a majority of the arbitrators is final
918 and binding.
919 (9)(a) The commission shall, in the reasonable exercise of
920 its discretion, enforce the provisions and rules of this
921 compact.
922 (b) By majority vote, the commission may initiate legal
923 action in the United States District Court for the District of
924 Columbia or the federal district in which the commission has its
925 principal offices against a party state that is in default to
926 enforce compliance with this compact and its adopted rules and
927 bylaws. The relief sought may include both injunctive relief and
928 damages. In the event judicial enforcement is necessary, the
929 prevailing party shall be awarded all costs of such litigation,
930 including reasonable attorney fees.
931 (c) The remedies provided in this subsection are not the
932 exclusive remedies of the commission. The commission may pursue
933 any other remedies available under federal or state law.
934 ARTICLE X
935 EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT
936 (1) This compact becomes effective and binding on the date
937 of legislative enactment of this compact into law by no fewer
938 than 26 states or on December 31, 2018, whichever occurs first.
939 All party states to this compact which were also parties to the
940 prior Nurse Licensure Compact (“prior compact”), superseded by
941 this compact, are deemed to have withdrawn from the prior
942 compact within 6 months after the effective date of this
943 compact.
944 (2) Each party state to this compact shall continue to
945 recognize a nurse’s multistate licensure privilege to practice
946 in that party state issued under the prior compact until such
947 party state is withdrawn from the prior compact.
948 (3) Any party state may withdraw from this compact by
949 enacting a statute repealing the compact. A party state’s
950 withdrawal does not take effect until 6 months after enactment
951 of the repealing statute.
952 (4) A party state’s withdrawal or termination does not
953 affect the continuing requirement of the withdrawing or
954 terminated state’s licensing board to report adverse actions and
955 significant investigations occurring before the effective date
956 of such withdrawal or termination.
957 (5) This compact does not invalidate or prevent any nurse
958 licensure agreement or other cooperative arrangement between a
959 party state and a nonparty state that is made in accordance with
960 the other provisions of this compact.
961 (6) This compact may be amended by the party states. An
962 amendment to this compact does not become effective and binding
963 upon the party states unless and until it is enacted into the
964 laws of all party states.
965 (7) Representatives of nonparty states to this compact
966 shall be invited to participate in the activities of the
967 commission, on a nonvoting basis, before the adoption of this
968 compact by all party states.
969 ARTICLE XI
970 CONSTRUCTION AND SEVERABILITY
971 This compact shall be liberally construed so as to
972 effectuate the purposes thereof. The provisions of this compact
973 are severable, and if any phrase, clause, sentence, or provision
974 of this compact is declared to be contrary to the constitution
975 of any party state or of the United States, or if the
976 applicability thereof to any government, agency, person, or
977 circumstance is held invalid, the validity of the remainder of
978 this compact and the applicability thereof to any government,
979 agency, person, or circumstance is not affected thereby. If this
980 compact is declared to be contrary to the constitution of any
981 party state, the compact shall remain in full force and effect
982 as to the remaining party states and in full force and effect as
983 to the party state affected as to all severable matters.
984 Section 8. Subsection (1) of section 464.012, Florida
985 Statutes, is amended to read:
986 464.012 Certification of advanced registered nurse
987 practitioners; fees.—
988 (1) Any nurse desiring to be certified as an advanced
989 registered nurse practitioner shall apply to the department and
990 submit proof that he or she holds a current license to practice
991 professional nursing or holds an active multistate license to
992 practice professional nursing pursuant to s. 464.0095 and that
993 he or she meets one or more of the following requirements as
994 determined by the board:
995 (a) Satisfactory completion of a formal postbasic
996 educational program of at least one academic year, the primary
997 purpose of which is to prepare nurses for advanced or
998 specialized practice.
999 (b) Certification by an appropriate specialty board. Such
1000 certification shall be required for initial state certification
1001 and any recertification as a registered nurse anesthetist or
1002 nurse midwife. The board may by rule provide for provisional
1003 state certification of graduate nurse anesthetists and nurse
1004 midwives for a period of time determined to be appropriate for
1005 preparing for and passing the national certification
1006 examination.
1007 (c) Graduation from a program leading to a master’s degree
1008 in a nursing clinical specialty area with preparation in
1009 specialized practitioner skills. For applicants graduating on or
1010 after October 1, 1998, graduation from a master’s degree program
1011 shall be required for initial certification as a nurse
1012 practitioner under paragraph (4)(c). For applicants graduating
1013 on or after October 1, 2001, graduation from a master’s degree
1014 program shall be required for initial certification as a
1015 registered nurse anesthetist under paragraph (4)(a).
1016 Section 9. Subsections (1), (2), and (9) of section
1017 464.015, Florida Statutes, are amended to read:
1018 464.015 Titles and abbreviations; restrictions; penalty.—
1019 (1) Only a person persons who holds a license in this state
1020 or a multistate license pursuant to s. 464.0095 hold licenses to
1021 practice professional nursing in this state or who performs are
1022 performing nursing services pursuant to the exception set forth
1023 in s. 464.022(8) may shall have the right to use the title
1024 “Registered Nurse” and the abbreviation “R.N.”
1025 (2) Only a person persons who holds a license in this state
1026 or a multistate license pursuant to s. 464.0095 hold licenses to
1027 practice as a licensed practical nurse nurses in this state or
1028 who performs are performing practical nursing services pursuant
1029 to the exception set forth in s. 464.022(8) may shall have the
1030 right to use the title “Licensed Practical Nurse” and the
1031 abbreviation “L.P.N.”
1032 (9) A person may not practice or advertise as, or assume
1033 the title of, registered nurse, licensed practical nurse,
1034 clinical nurse specialist, certified registered nurse
1035 anesthetist, certified nurse midwife, or advanced registered
1036 nurse practitioner or use the abbreviation “R.N.,” “L.P.N.,”
1037 “C.N.S.,” “C.R.N.A.,” “C.N.M.,” or “A.R.N.P.” or take any other
1038 action that would lead the public to believe that person was
1039 authorized by law to practice certified as such or is performing
1040 nursing services pursuant to the exception set forth in s.
1041 464.022(8), unless that person is licensed, or certified, or
1042 authorized pursuant to s. 464.0095 to practice as such.
1043 Section 10. Subsections (1) and (2) of section 464.018,
1044 Florida Statutes, are amended to read:
1045 464.018 Disciplinary actions.—
1046 (1) The following acts constitute grounds for denial of a
1047 license or disciplinary action, as specified in ss. s.
1048 456.072(2) and 464.0095:
1049 (a) Procuring, attempting to procure, or renewing a license
1050 to practice nursing or the authority to practice practical or
1051 professional nursing pursuant to s. 464.0095 by bribery, by
1052 knowing misrepresentations, or through an error of the
1053 department or the board.
1054 (b) Having a license to practice nursing revoked,
1055 suspended, or otherwise acted against, including the denial of
1056 licensure, by the licensing authority of another state,
1057 territory, or country.
1058 (c) Being convicted or found guilty of, or entering a plea
1059 of guilty or nolo contendere to, regardless of adjudication, a
1060 crime in any jurisdiction which directly relates to the practice
1061 of nursing or to the ability to practice nursing.
1062 (d) Being convicted or found guilty of, or entering a plea
1063 of guilty or nolo contendere to, regardless of adjudication, of
1064 any of the following offenses:
1065 1. A forcible felony as defined in chapter 776.
1066 2. A violation of chapter 812, relating to theft, robbery,
1067 and related crimes.
1068 3. A violation of chapter 817, relating to fraudulent
1069 practices.
1070 4. A violation of chapter 800, relating to lewdness and
1071 indecent exposure.
1072 5. A violation of chapter 784, relating to assault,
1073 battery, and culpable negligence.
1074 6. A violation of chapter 827, relating to child abuse.
1075 7. A violation of chapter 415, relating to protection from
1076 abuse, neglect, and exploitation.
1077 8. A violation of chapter 39, relating to child abuse,
1078 abandonment, and neglect.
1079 9. For an applicant for a multistate license or for a
1080 multistate licenseholder under s. 464.0095, a felony offense
1081 under Florida law or federal criminal law.
1082 (e) Having been found guilty of, regardless of
1083 adjudication, or entered a plea of nolo contendere or guilty to,
1084 any offense prohibited under s. 435.04 or similar statute of
1085 another jurisdiction; or having committed an act which
1086 constitutes domestic violence as defined in s. 741.28.
1087 (f) Making or filing a false report or record, which the
1088 nurse licensee knows to be false, intentionally or negligently
1089 failing to file a report or record required by state or federal
1090 law, willfully impeding or obstructing such filing or inducing
1091 another person to do so. Such reports or records shall include
1092 only those which are signed in the nurse’s capacity as a
1093 licensed nurse.
1094 (g) False, misleading, or deceptive advertising.
1095 (h) Unprofessional conduct, as defined by board rule.
1096 (i) Engaging or attempting to engage in the possession,
1097 sale, or distribution of controlled substances as set forth in
1098 chapter 893, for any other than legitimate purposes authorized
1099 by this part.
1100 (j) Being unable to practice nursing with reasonable skill
1101 and safety to patients by reason of illness or use of alcohol,
1102 drugs, narcotics, or chemicals or any other type of material or
1103 as a result of any mental or physical condition. In enforcing
1104 this paragraph, the department shall have, upon a finding of the
1105 State Surgeon General or the State Surgeon General’s designee
1106 that probable cause exists to believe that the nurse licensee is
1107 unable to practice nursing because of the reasons stated in this
1108 paragraph, the authority to issue an order to compel a nurse
1109 licensee to submit to a mental or physical examination by
1110 physicians designated by the department. If the nurse licensee
1111 refuses to comply with such order, the department’s order
1112 directing such examination may be enforced by filing a petition
1113 for enforcement in the circuit court where the nurse licensee
1114 resides or does business. The nurse licensee against whom the
1115 petition is filed shall not be named or identified by initials
1116 in any public court records or documents, and the proceedings
1117 shall be closed to the public. The department shall be entitled
1118 to the summary procedure provided in s. 51.011. A nurse affected
1119 by the provisions of this paragraph shall at reasonable
1120 intervals be afforded an opportunity to demonstrate that she or
1121 he can resume the competent practice of nursing with reasonable
1122 skill and safety to patients.
1123 (k) Failing to report to the department any person who the
1124 nurse licensee knows is in violation of this part or of the
1125 rules of the department or the board; however, if the nurse
1126 licensee verifies that such person is actively participating in
1127 a board-approved program for the treatment of a physical or
1128 mental condition, the nurse licensee is required to report such
1129 person only to an impaired professionals consultant.
1130 (l) Knowingly violating any provision of this part, a rule
1131 of the board or the department, or a lawful order of the board
1132 or department previously entered in a disciplinary proceeding or
1133 failing to comply with a lawfully issued subpoena of the
1134 department.
1135 (m) Failing to report to the department any licensee under
1136 chapter 458 or under chapter 459 who the nurse knows has
1137 violated the grounds for disciplinary action set out in the law
1138 under which that person is licensed and who provides health care
1139 services in a facility licensed under chapter 395, or a health
1140 maintenance organization certificated under part I of chapter
1141 641, in which the nurse also provides services.
1142 (n) Failing to meet minimal standards of acceptable and
1143 prevailing nursing practice, including engaging in acts for
1144 which the nurse licensee is not qualified by training or
1145 experience.
1146 (o) Violating any provision of this chapter or chapter 456,
1147 or any rules adopted pursuant thereto.
1148 (2)(a) The board may enter an order denying licensure or
1149 imposing any of the penalties in s. 456.072(2) against any
1150 applicant for licensure or nurse licensee who is found guilty of
1151 violating any provision of subsection (1) of this section or who
1152 is found guilty of violating any provision of s. 456.072(1).
1153 (b) The board may take adverse action against a nurse’s
1154 multistate licensure privilege and impose any of the penalties
1155 in s. 456.072(2) when the nurse is found guilty of violating
1156 subsection (1) or s. 456.072(1).
1157 Section 11. Paragraph (a) of subsection (2) of section
1158 464.0195, Florida Statutes, is amended, and subsection (4) is
1159 added to that section, to read:
1160 464.0195 Florida Center for Nursing; goals.—
1161 (2) The primary goals for the center shall be to:
1162 (a) Develop a strategic statewide plan for nursing manpower
1163 in this state by:
1164 1. Establishing and maintaining a database on nursing
1165 supply and demand in the state, to include current supply and
1166 demand, and future projections; and
1167 2. Analyzing the current nursing supply and demand in the
1168 state and making future projections of such, including assessing
1169 the impact of this state’s participation in the Nurse Licensure
1170 Compact under s. 464.0095; and
1171 3.2. Selecting from the plan priorities to be addressed.
1172 (4) The center may request from the board, and the board
1173 must provide to the center upon its request, any information
1174 held by the board regarding nurses licensed in this state or
1175 holding a multistate license pursuant to s. 464.0095 or
1176 information reported to the board by employers of such nurses,
1177 other than personal identifying information.
1178 Section 12. This act shall take effect December 31, 2018,
1179 or upon enactment of the Nurse Licensure Compact into law by 26
1180 states, whichever occurs first.