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.
   84  Be It Enacted by the Legislature of the State of Florida:
   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         464.0095Nurse 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                            
  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                            
  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                            
  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                           
  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                            
  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.