Florida Senate - 2016                             CS for SB 1316
       By the Committee on Appropriations; and Senator Grimsley
       576-04488-16                                          20161316c1
    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 practice laws of those states;
   35         providing limitations for licensees not residing in a
   36         party state; providing the effect of the act on a
   37         current licensee; providing application requirements
   38         for a multistate license; providing licensure
   39         requirements when a licensee moves between party
   40         states or to a nonparty state; providing certain
   41         authority to state licensing boards of party states;
   42         requiring deactivation of a nurse’s multistate
   43         licensure privilege under certain circumstances;
   44         authorizing participation in an alternative program in
   45         lieu of adverse action against a license; requiring
   46         all party states to participate in a coordinated
   47         licensure information system; providing for the
   48         development of the system, reporting procedures, and
   49         the exchange of certain information between party
   50         states; establishing the Interstate Commission of
   51         Nurse Licensure Compact Administrators; providing for
   52         the jurisdiction and venue for court proceedings;
   53         providing membership and duties; authorizing the
   54         commission to adopt rules; providing rulemaking
   55         procedures; providing for state enforcement of the
   56         compact; providing a procedure for compact membership
   57         termination; providing procedures for the resolution
   58         of certain disputes; providing an effective date of
   59         the compact; providing a procedure for membership
   60         termination; providing compact amendment procedures;
   61         authorizing nonparty states to participate in
   62         commission activities before adoption of the compact;
   63         providing construction and severability; amending s.
   64         464.012, F.S.; authorizing a multistate licensee under
   65         the compact to be certified as an advanced registered
   66         nurse practitioner if certain eligibility criteria are
   67         met; amending s. 464.015, F.S.; authorizing registered
   68         nurses and licensed practical nurses holding a
   69         multistate license under the compact to use certain
   70         titles and abbreviations; amending s. 464.018, F.S.;
   71         revising the grounds for denial of a nursing license
   72         or 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; amending s. 768.28,
   82         F.S.; designating the state administrator of the Nurse
   83         Licensure Compact and other members, employees, or
   84         representatives of the Interstate Commission of Nurse
   85         Licensure Compact Administrators as state agents for
   86         the purpose of applying sovereign immunity and waivers
   87         of sovereign immunity; requiring the commission to pay
   88         certain claims or judgments; authorizing the
   89         commission to maintain insurance coverage to pay
   90         certain claims or judgments; providing a contingent
   91         effective date.
   93  Be It Enacted by the Legislature of the State of Florida:
   95         Section 1. Subsection (10) of section 456.073, Florida
   96  Statutes, is amended to read:
   97         456.073 Disciplinary proceedings.—Disciplinary proceedings
   98  for each board shall be within the jurisdiction of the
   99  department.
  100         (10) The complaint and all information obtained pursuant to
  101  the investigation by the department are confidential and exempt
  102  from s. 119.07(1) until 10 days after probable cause has been
  103  found to exist by the probable cause panel or by the department,
  104  or until the regulated professional or subject of the
  105  investigation waives his or her privilege of confidentiality,
  106  whichever occurs first. The department shall report any
  107  significant investigation information relating to a nurse
  108  holding a multistate license to the coordinated licensure
  109  information system pursuant to s. 464.0095. Upon completion of
  110  the investigation and a recommendation by the department to find
  111  probable cause, and pursuant to a written request by the subject
  112  or the subject’s attorney, the department shall provide the
  113  subject an opportunity to inspect the investigative file or, at
  114  the subject’s expense, forward to the subject a copy of the
  115  investigative file. Notwithstanding s. 456.057, the subject may
  116  inspect or receive a copy of any expert witness report or
  117  patient record connected with the investigation if the subject
  118  agrees in writing to maintain the confidentiality of any
  119  information received under this subsection until 10 days after
  120  probable cause is found and to maintain the confidentiality of
  121  patient records pursuant to s. 456.057. The subject may file a
  122  written response to the information contained in the
  123  investigative file. Such response must be filed within 20 days
  124  of mailing by the department, unless an extension of time has
  125  been granted by the department. This subsection does not
  126  prohibit the department from providing such information to any
  127  law enforcement agency or to any other regulatory agency.
  128         Section 2. Subsection (9) of section 456.076, Florida
  129  Statutes, is amended to read:
  130         456.076 Treatment programs for impaired practitioners.—
  131         (9) An impaired practitioner consultant is the official
  132  custodian of records relating to the referral of an impaired
  133  licensee or applicant to that consultant and any other
  134  interaction between the licensee or applicant and the
  135  consultant. The consultant may disclose to the impaired licensee
  136  or applicant or his or her designee any information that is
  137  disclosed to or obtained by the consultant or that is
  138  confidential under paragraph (6)(a), but only to the extent that
  139  it is necessary to do so to carry out the consultant’s duties
  140  under this section. The department, and any other entity that
  141  enters into a contract with the consultant to receive the
  142  services of the consultant, has direct administrative control
  143  over the consultant to the extent necessary to receive
  144  disclosures from the consultant as allowed by federal law. The
  145  consultant must disclose to the department, upon the
  146  department’s request, whether an applicant for a multistate
  147  license under s. 464.0095 is participating in a treatment
  148  program and must report to the department when a nurse holding a
  149  multistate license under s. 464.0095 enters a treatment program.
  150  A nurse holding a multistate license pursuant to s. 464.0095
  151  must report to the department within 2 business days after
  152  entering a treatment program pursuant to this section. If a
  153  disciplinary proceeding is pending, an impaired licensee may
  154  obtain such information from the department under s. 456.073.
  155         Section 3. Subsections (16) and (22) of section 464.003,
  156  Florida Statutes, are amended to read:
  157         464.003 Definitions.—As used in this part, the term:
  158         (16) “Licensed practical nurse” means any person licensed
  159  in this state or holding an active multistate license under s.
  160  464.0095 to practice practical nursing.
  161         (22) “Registered nurse” means any person licensed in this
  162  state or holding an active multistate license under s. 464.0095
  163  to practice professional nursing.
  164         Section 4. Subsection (5) is added to section 464.004,
  165  Florida Statutes, to read:
  166         464.004 Board of Nursing; membership; appointment; terms.—
  167         (5)The executive director of the board appointed pursuant
  168  to s. 456.004(2) or his or her designee shall serve as the state
  169  administrator of the Nurse Licensure Compact as required under
  170  s. 464.0095.
  171         Section 5. Subsection (2) of section 464.008, Florida
  172  Statutes, is amended, and subsection (5) is added to that
  173  section, to read:
  174         464.008 Licensure by examination.—
  175         (2)(a) Each applicant who passes the examination and
  176  provides proof of meeting the educational requirements specified
  177  in subsection (1) shall, unless denied pursuant to s. 464.018,
  178  be entitled to licensure as a registered professional nurse or a
  179  licensed practical nurse, whichever is applicable.
  180         (b)An applicant who resides in this state, meets the
  181  licensure requirements of this section, and meets the criteria
  182  for multistate licensure under s. 464.0095 may request the
  183  issuance of a multistate license from the department.
  184         (c)A nurse who holds a single-state license in this state
  185  and applies to the department for a multistate license must meet
  186  the eligibility criteria for a multistate license under s.
  187  464.0095 and must pay an application and licensure fee to change
  188  the licensure status.
  189         (d)The department shall conspicuously distinguish a
  190  multistate license from a single-state license.
  191         (5)A person holding an active multistate license in
  192  another state pursuant to s. 464.0095 is exempt from the
  193  licensure requirements of this section.
  194         Section 6. Subsection (7) is added to section 464.009,
  195  Florida Statutes, to read:
  196         464.009 Licensure by endorsement.—
  197         (7)A person holding an active multistate license in
  198  another state pursuant to s. 464.0095 is exempt from the
  199  requirements for licensure by endorsement in this section.
  200         Section 7. Section 464.0095, Florida Statutes, is created
  201  to read:
  202         464.0095Nurse Licensure Compact.—The Nurse Licensure
  203  Compact is hereby enacted into law and entered into by this
  204  state with all other jurisdictions legally joining therein in
  205  the form substantially as follows:
  206                              ARTICLE I                            
  207                 FINDINGS AND DECLARATION OF PURPOSE               
  208         (1)The party states find that:
  209         (a)The health and safety of the public are affected by the
  210  degree of compliance with and the effectiveness of enforcement
  211  activities related to state nurse licensure laws.
  212         (b)Violations of nurse licensure and other laws regulating
  213  the practice of nursing may result in injury or harm to the
  214  public.
  215         (c)The expanded mobility of nurses and the use of advanced
  216  communication technologies as part of the nation’s health care
  217  delivery system require greater coordination and cooperation
  218  among states in the areas of nurse licensure and regulation.
  219         (d)New practice modalities and technology make compliance
  220  with individual state nurse licensure laws difficult and
  221  complex.
  222         (e)The current system of duplicative licensure for nurses
  223  practicing in multiple states is cumbersome and redundant for
  224  both nurses and states.
  225         (f)Uniformity of nurse licensure requirements throughout
  226  the states promotes public safety and public health benefits.
  227         (2)The general purposes of this compact are to:
  228         (a)Facilitate the states’ responsibility to protect the
  229  public’s health and safety.
  230         (b)Ensure and encourage the cooperation of party states in
  231  the areas of nurse licensure and regulation.
  232         (c)Facilitate the exchange of information among party
  233  states in the areas of nurse regulation, investigation, and
  234  adverse actions.
  235         (d)Promote compliance with the laws governing the practice
  236  of nursing in each jurisdiction.
  237         (e)Invest all party states with the authority to hold a
  238  nurse accountable for meeting all state practice laws in the
  239  state in which the patient is located at the time care is
  240  rendered through the mutual recognition of party state licenses.
  241         (f)Decrease redundancies in the consideration and issuance
  242  of nurse licenses.
  243         (g)Provide opportunities for interstate practice by nurses
  244  who meet uniform licensure requirements.
  245                             ARTICLE II                            
  246                             DEFINITIONS                           
  247         As used in this compact, the term:
  248         (1)“Adverse action” means any administrative, civil,
  249  equitable, or criminal action permitted by a state’s laws which
  250  is imposed by a licensing board or other authority against a
  251  nurse, including actions against an individual’s license or
  252  multistate licensure privilege, such as revocation, suspension,
  253  probation, monitoring of the licensee, limitation on the
  254  licensee’s practice, or any other encumbrance on licensure
  255  affecting a nurse’s authorization to practice, including
  256  issuance of a cease and desist action.
  257         (2)“Alternative program” means a nondisciplinary
  258  monitoring program approved by a licensing board.
  259         (3)“Commission” means the Interstate Commission of Nurse
  260  Licensure Compact Administrators established by this compact.
  261         (4)“Compact” means the Nurse Licensure Compact recognized,
  262  established, and entered into by the state under this compact.
  263         (5)“Coordinated licensure information system” means an
  264  integrated process for collecting, storing, and sharing
  265  information on nurse licensure and enforcement activities
  266  related to nurse licensure laws which is administered by a
  267  nonprofit organization composed of and controlled by licensing
  268  boards.
  269         (6)“Current significant investigative information” means:
  270         (a)Investigative information that a licensing board, after
  271  a preliminary inquiry that includes notification and an
  272  opportunity for the nurse to respond, if required by state law,
  273  has reason to believe is not groundless and, if proved true,
  274  would indicate more than a minor infraction; or
  275         (b)Investigative information that indicates that the nurse
  276  represents an immediate threat to public health and safety
  277  regardless of whether the nurse has been notified and had an
  278  opportunity to respond.
  279         (7)“Encumbrance” means a revocation or suspension of, or
  280  any limitation on, the full and unrestricted practice of nursing
  281  imposed by a licensing board.
  282         (8)“Home state” means the party state that is the nurse’s
  283  primary state of residence.
  284         (9)“Licensing board” means a party state’s regulatory body
  285  responsible for issuing nurse licenses.
  286         (10)“Multistate license” means a license to practice as a
  287  registered nurse (RN) or a licensed practical or vocational
  288  nurse (LPN/VN) issued by a home state licensing board which
  289  authorizes the licensed nurse to practice in all party states
  290  under a multistate licensure privilege.
  291         (11)“Multistate licensure privilege” means a legal
  292  authorization associated with a multistate license permitting
  293  the practice of nursing as either an RN or an LPN/VN in a remote
  294  state.
  295         (12)“Nurse” means an RN or LPN/VN, as those terms are
  296  defined by each party state’s practice laws.
  297         (13)“Party state” means any state that has adopted this
  298  compact.
  299         (14)“Remote state” means a party state other than the home
  300  state.
  301         (15)“Single-state license” means a nurse license issued by
  302  a party state which authorizes practice only within the issuing
  303  state and does not include a multistate licensure privilege to
  304  practice in any other party state.
  305         (16)“State” means a state, territory, or possession of the
  306  United States, or the District of Columbia.
  307         (17)“State practice laws” means a party state’s laws,
  308  rules, and regulations that govern the practice of nursing,
  309  define the scope of nursing practice, and create the methods and
  310  grounds for imposing discipline. The term does not include
  311  requirements necessary to obtain and retain a license, except
  312  for qualifications or requirements of the home state.
  313                             ARTICLE III                           
  314                 GENERAL PROVISIONS AND JURISDICTION               
  315         (1)A multistate license to practice registered or licensed
  316  practical or vocational nursing issued by a home state to a
  317  resident in that state is recognized by each party state as
  318  authorizing a nurse to practice as an RN or as an LPN/VN under a
  319  multistate licensure privilege in each party state.
  320         (2)Each party state must implement procedures for
  321  considering the criminal history records of applicants for
  322  initial multistate licensure or licensure by endorsement. Such
  323  procedures shall include the submission of fingerprints or other
  324  biometric-based information by applicants for the purpose of
  325  obtaining an applicant’s criminal history record information
  326  from the Federal Bureau of Investigation and the agency
  327  responsible for retaining that state’s criminal records.
  328         (3)In order for an applicant to obtain or retain a
  329  multistate license in the home state, each party state must
  330  require that the applicant fulfills the following criteria:
  331         (a)Has met the home state’s qualifications for licensure
  332  or renewal of licensure, as well as all other applicable state
  333  laws.
  334         (b)1.Has graduated or is eligible to graduate from a
  335  licensing board-approved RN or LPN/VN prelicensure education
  336  program; or
  337         2.Has graduated from a foreign RN or LPN/VN prelicensure
  338  education program that has been approved by the authorized
  339  accrediting body in the applicable country and has been verified
  340  by a licensing board-approved independent credentials review
  341  agency to be comparable to a licensing board-approved
  342  prelicensure education program.
  343         (c)If the applicant is a graduate of a foreign
  344  prelicensure education program not taught in English, or if
  345  English is not the applicant’s native language, has successfully
  346  passed a licensing board-approved English proficiency
  347  examination that includes the components of reading, speaking,
  348  writing, and listening.
  349         (d)Has successfully passed an NCLEX-RN or NCLEX-PN
  350  Examination or recognized predecessor, as applicable.
  351         (e)Is eligible for or holds an active, unencumbered
  352  license.
  353         (f)Has submitted, in connection with an application for
  354  initial licensure or licensure by endorsement, fingerprints or
  355  other biometric data for the purpose of obtaining criminal
  356  history record information from the Federal Bureau of
  357  Investigation and the agency responsible for retaining that
  358  state’s criminal records.
  359         (g)Has not been convicted or found guilty, or has entered
  360  into an agreed disposition other than a disposition that results
  361  in nolle prosequi, of a felony offense under applicable state or
  362  federal criminal law.
  363         (h)Has not been convicted or found guilty, or has entered
  364  into an agreed disposition other than a disposition that results
  365  in nolle prosequi, of a misdemeanor offense related to the
  366  practice of nursing as determined on a case-by-case basis.
  367         (i)Is not currently enrolled in an alternative program.
  368         (j)Is subject to self-disclosure requirements regarding
  369  current participation in an alternative program.
  370         (k)Has a valid social security number.
  371         (4)All party states may, in accordance with existing state
  372  due process law, take adverse action against a nurse’s
  373  multistate licensure privilege, such as revocation, suspension,
  374  probation, or any other action that affects the nurse’s
  375  authorization to practice under a multistate licensure
  376  privilege, including cease and desist actions. If a party state
  377  takes such action, it shall promptly notify the administrator of
  378  the coordinated licensure information system. The administrator
  379  of the coordinated licensure information system shall promptly
  380  notify the home state of any such actions by remote states.
  381         (5)A nurse practicing in a party state shall comply with
  382  the state practice laws of the state in which the patient is
  383  located at the time service is provided. The practice of nursing
  384  is not limited to patient care but includes all nursing practice
  385  as defined by the state practice laws of the party state in
  386  which the patient is located. The practice of nursing in a party
  387  state under a multistate licensure privilege subjects a nurse to
  388  the jurisdiction of the licensing board, the courts, and the
  389  laws of the party state in which the patient is located at the
  390  time service is provided.
  391         (6)A person not residing in a party state shall continue
  392  to be able to apply for a party state’s single-state license as
  393  provided under the laws of each party state. The single-state
  394  license granted to such a person does not grant the privilege to
  395  practice nursing in any other party state. This compact does not
  396  affect the requirements established by a party state for the
  397  issuance of a single-state license.
  398         (7)A nurse holding a home state multistate license, on the
  399  effective date of this compact, may retain and renew the
  400  multistate license issued by the nurse’s then-current home
  401  state, provided that the nurse who changes his or her primary
  402  state of residence after the effective date meets all applicable
  403  requirements under subsection (3) to obtain a multistate license
  404  from a new home state. A nurse who fails to satisfy the
  405  multistate licensure requirements under subsection (3) due to a
  406  disqualifying event occurring after the effective date is
  407  ineligible to retain or renew a multistate license, and the
  408  nurse’s multistate license shall be revoked or deactivated in
  409  accordance with applicable rules adopted by the commission.
  410                             ARTICLE IV                            
  412         (1)Upon application for a multistate license, the
  413  licensing board in the issuing party state shall ascertain,
  414  through the coordinated licensure information system, whether
  415  the applicant has ever held, or is the holder of, a license
  416  issued by any other state, whether there are any encumbrances on
  417  any license or multistate licensure privilege held by the
  418  applicant, whether any adverse action has been taken against any
  419  license or multistate licensure privilege held by the applicant,
  420  and whether the applicant is currently participating in an
  421  alternative program.
  422         (2)A nurse may hold a multistate license, issued by the
  423  home state, in only one party state at a time.
  424         (3)If a nurse changes his or her primary state of
  425  residence by moving from one party state to another party state,
  426  the nurse must apply for licensure in the new home state, and
  427  the multistate license issued by the prior home state must be
  428  deactivated in accordance with applicable rules adopted by the
  429  commission.
  430         (a)The nurse may apply for licensure in advance of a
  431  change in his or her primary state of residence.
  432         (b)A multistate license may not be issued by the new home
  433  state until the nurse provides satisfactory evidence of a change
  434  in his or her primary state of residence to the new home state
  435  and satisfies all applicable requirements to obtain a multistate
  436  license from the new home state.
  437         (4)If a nurse changes his or her primary state of
  438  residence by moving from a party state to a nonparty state, the
  439  multistate license issued by the prior home state must convert
  440  to a single-state license valid only in the former home state.
  441                              ARTICLE V                            
  443         (1)In addition to the other powers conferred by state law,
  444  a licensing board or state agency may:
  445         (a)Take adverse action against a nurse’s multistate
  446  licensure privilege to practice within that party state.
  447         1.Only the home state has the power to take adverse action
  448  against a nurse’s license issued by the home state.
  449         2.For purposes of taking adverse action, the home state
  450  licensing board or state agency shall give the same priority and
  451  effect to conduct reported by a remote state as it would if such
  452  conduct had occurred within the home state. In so doing, the
  453  home state shall apply its own state laws to determine
  454  appropriate action.
  455         (b)Issue cease and desist orders or impose an encumbrance
  456  on a nurse’s authority to practice within that party state.
  457         (c)Complete any pending investigation of a nurse who
  458  changes his or her primary state of residence during the course
  459  of such investigation. The licensing board or state agency may
  460  also take appropriate action and shall promptly report the
  461  conclusions of such investigation to the administrator of the
  462  coordinated licensure information system. The administrator of
  463  the coordinated licensure information system shall promptly
  464  notify the new home state of any such action.
  465         (d)Issue subpoenas for both hearings and investigations
  466  that require the attendance and testimony of witnesses or the
  467  production of evidence. Subpoenas issued by a licensing board or
  468  state agency in a party state for the attendance and testimony
  469  of witnesses or the production of evidence from another party
  470  state shall be enforced in the latter state by any court of
  471  competent jurisdiction according to the practice and procedure
  472  of that court applicable to subpoenas issued in proceedings
  473  pending before it. The issuing authority shall pay any witness
  474  fees, travel expenses, and mileage and other fees required by
  475  the service statutes of the state in which the witnesses or
  476  evidence is located.
  477         (e)Obtain and submit, for each nurse licensure applicant,
  478  fingerprint or other biometric-based information to the Federal
  479  Bureau of Investigation for criminal background checks, receive
  480  the results of the Federal Bureau of Investigation record search
  481  on criminal background checks, and use the results in making
  482  licensure decisions.
  483         (f)If otherwise permitted by state law, recover from the
  484  affected nurse the costs of investigations and disposition of
  485  cases resulting from any adverse action taken against that
  486  nurse.
  487         (g)Take adverse action based on the factual findings of
  488  the remote state, provided that the licensing board or state
  489  agency follows its own procedures for taking such adverse
  490  action.
  491         (2)If adverse action is taken by the home state against a
  492  nurse’s multistate license, the nurse’s multistate licensure
  493  privilege to practice in all other party states shall be
  494  deactivated until all encumbrances are removed from the
  495  multistate license. All home state disciplinary orders that
  496  impose adverse action against a nurse’s multistate license shall
  497  include a statement that the nurse’s multistate licensure
  498  privilege is deactivated in all party states during the pendency
  499  of the order.
  500         (3)This compact does not override a party state’s decision
  501  that participation in an alternative program may be used in lieu
  502  of adverse action. The home state licensing board shall
  503  deactivate the multistate licensure privilege under the
  504  multistate license of any nurse for the duration of the nurse’s
  505  participation in an alternative program.
  506                             ARTICLE VI                            
  508                             INFORMATION                           
  509         (1)All party states shall participate in a coordinated
  510  licensure information system relating to all licensed RNs and
  511  LPNs/VNs. This system shall include information on the licensure
  512  and disciplinary history of each nurse, as submitted by party
  513  states, to assist in the coordination of nurse licensure and
  514  enforcement efforts.
  515         (2)The commission, in consultation with the administrator
  516  of the coordinated licensure information system, shall formulate
  517  necessary and proper procedures for the identification,
  518  collection, and exchange of information under this compact.
  519         (3)All licensing boards shall promptly report to the
  520  coordinated licensure information system any adverse action, any
  521  current significant investigative information, denials of
  522  applications, the reasons for application denials, and nurse
  523  participation in alternative programs known to the licensing
  524  board regardless of whether such participation is deemed
  525  nonpublic or confidential under state law.
  526         (4)Current significant investigative information and
  527  participation in nonpublic or confidential alternative programs
  528  shall be transmitted through the coordinated licensure
  529  information system only to party state licensing boards.
  530         (5)Notwithstanding any other provision of law, all party
  531  state licensing boards contributing information to the
  532  coordinated licensure information system may designate
  533  information that may not be shared with nonparty states or
  534  disclosed to other entities or individuals without the express
  535  permission of the contributing state.
  536         (6)Any personal identifying information obtained from the
  537  coordinated licensure information system by a party state
  538  licensing board may not be shared with nonparty states or
  539  disclosed to other entities or individuals except to the extent
  540  permitted by the laws of the party state contributing the
  541  information.
  542         (7)Any information contributed to the coordinated
  543  licensure information system which is subsequently required to
  544  be expunged by the laws of the party state contributing that
  545  information is also expunged from the coordinated licensure
  546  information system.
  547         (8)The compact administrator of each party state shall
  548  furnish a uniform data set to the compact administrator of each
  549  other party state, which shall include, at a minimum:
  550         (a)Identifying information.
  551         (b)Licensure data.
  552         (c)Information related to alternative program
  553  participation.
  554         (d)Other information that may facilitate the
  555  administration of this compact, as determined by commission
  556  rules.
  557         (9)The compact administrator of a party state shall
  558  provide all investigative documents and information requested by
  559  another party state.
  560                             ARTICLE VII                           
  562                       COMPACT ADMINISTRATORS                      
  563         (1)The party states hereby create and establish a joint
  564  public entity known as the Interstate Commission of Nurse
  565  Licensure Compact Administrators.
  566         (a)The commission is an instrumentality of the party
  567  states.
  568         (b)Venue is proper, and judicial proceedings by or against
  569  the commission shall be brought solely and exclusively, in a
  570  court of competent jurisdiction where the commission’s principal
  571  office is located. The commission may waive venue and
  572  jurisdictional defenses to the extent it adopts or consents to
  573  participate in alternative dispute resolution proceedings.
  574         (c)This compact does not waive sovereign immunity except
  575  to the extent sovereign immunity is waived in the party states.
  576         (2)(a)Each party state shall have and be limited to one
  577  administrator. The executive director of the state licensing
  578  board or his or her designee shall be the administrator of this
  579  compact for each party state. Any administrator may be removed
  580  or suspended from office as provided by the law of the state
  581  from which the administrator is appointed. Any vacancy occurring
  582  on the commission shall be filled in accordance with the laws of
  583  the party state in which the vacancy exists.
  584         (b)Each administrator is entitled to one vote with regard
  585  to the adoption of rules and the creation of bylaws and shall
  586  otherwise have an opportunity to participate in the business and
  587  affairs of the commission. An administrator shall vote in person
  588  or by such other means as provided in the bylaws. The bylaws may
  589  provide for an administrator’s participation in meetings by
  590  telephone or other means of communication.
  591         (c)The commission shall meet at least once during each
  592  calendar year. Additional meetings shall be held as set forth in
  593  the commission’s bylaws or rules.
  594         (d)All meetings shall be open to the public, and public
  595  notice of meetings shall be given in the same manner as required
  596  under Article VIII of this compact.
  597         (e)The commission may convene in a closed, nonpublic
  598  meeting if the commission must discuss:
  599         1.Failure of a party state to comply with its obligations
  600  under this compact;
  601         2.The employment, compensation, discipline, or other
  602  personnel matters, practices, or procedures related to specific
  603  employees or other matters related to the commission’s internal
  604  personnel practices and procedures;
  605         3.Current, threatened, or reasonably anticipated
  606  litigation;
  607         4.Negotiation of contracts for the purchase or sale of
  608  goods, services, or real estate;
  609         5.Accusing any person of a crime or formally censuring any
  610  person;
  611         6.Disclosure of trade secrets or commercial or financial
  612  information that is privileged or confidential;
  613         7.Disclosure of information of a personal nature where
  614  disclosure would constitute a clearly unwarranted invasion of
  615  personal privacy;
  616         8.Disclosure of investigatory records compiled for law
  617  enforcement purposes;
  618         9.Disclosure of information related to any reports
  619  prepared by or on behalf of the commission for the purpose of
  620  investigation of compliance with this compact; or
  621         10.Matters specifically exempted from disclosure by
  622  federal or state statute.
  623         (f)If a meeting, or portion of a meeting, is closed
  624  pursuant to this subsection, the commission’s legal counsel or
  625  designee shall certify that the meeting, or portion of the
  626  meeting, is closed and shall reference each relevant exempting
  627  provision. The commission shall keep minutes that fully and
  628  clearly describe all matters discussed in a meeting and shall
  629  provide a full and accurate summary of actions taken, and the
  630  reasons therefor, including a description of the views
  631  expressed. All documents considered in connection with an action
  632  shall be identified in such minutes. All minutes and documents
  633  of a closed meeting shall remain under seal, subject to release
  634  by a majority vote of the commission or order of a court of
  635  competent jurisdiction.
  636         (3)The commission shall, by a majority vote of the
  637  administrators, prescribe bylaws or rules to govern its conduct
  638  as may be necessary or appropriate to carry out the purposes and
  639  exercise the powers of this compact, including, but not limited
  640  to:
  641         (a)Establishing the commission’s fiscal year.
  642         (b)Providing reasonable standards and procedures:
  643         1.For the establishment and meetings of other committees.
  644         2.Governing any general or specific delegation of any
  645  authority or function of the commission.
  646         (c)Providing reasonable procedures for calling and
  647  conducting meetings of the commission, ensuring reasonable
  648  advance notice of all meetings, and providing an opportunity for
  649  attendance of such meetings by interested parties, with
  650  enumerated exceptions designed to protect the public’s interest,
  651  the privacy of individuals, and proprietary information,
  652  including trade secrets. The commission may meet in closed
  653  session only after a majority of the administrators vote to
  654  close a meeting in whole or in part. As soon as practicable, the
  655  commission must make public a copy of the vote to close the
  656  meeting revealing the vote of each administrator, with no proxy
  657  votes allowed.
  658         (d)Establishing the titles, duties and authority, and
  659  reasonable procedures for the election of the commission’s
  660  officers.
  661         (e)Providing reasonable standards and procedures for the
  662  establishment of the commission’s personnel policies and
  663  programs. Notwithstanding any civil service or other similar
  664  laws of any party state, the bylaws shall exclusively govern the
  665  commission’s personnel policies and programs.
  666         (f)Providing a mechanism for winding up the commission’s
  667  operations and the equitable disposition of any surplus funds
  668  that may exist after the termination of this compact after the
  669  payment or reserving of all of its debts and obligations.
  670         (4)The commission shall publish its bylaws and rules, and
  671  any amendments thereto, in a convenient form on the commission’s
  672  website.
  673         (5)The commission shall maintain its financial records in
  674  accordance with the bylaws.
  675         (6)The commission shall meet and take such actions as are
  676  consistent with this compact and the bylaws.
  677         (7)The commission may:
  678         (a)Adopt uniform rules to facilitate and coordinate
  679  implementation and administration of this compact. The rules
  680  shall have the force and effect of law and are binding in all
  681  party states.
  682         (b)Bring and prosecute legal proceedings or actions in the
  683  name of the commission, provided that the standing of any
  684  licensing board to sue or be sued under applicable law is not
  685  affected.
  686         (c)Purchase and maintain insurance and bonds.
  687         (d)Borrow, accept, or contract for services of personnel,
  688  including employees of a party state or nonprofit organizations.
  689         (e)Cooperate with other organizations that administer
  690  state compacts related to the regulation of nursing, including
  691  sharing administrative or staff expenses, office space, or other
  692  resources.
  693         (f)Hire employees, elect or appoint officers, fix
  694  compensation, define duties, grant such individuals appropriate
  695  authority to carry out the purposes of this compact, and
  696  establish the commission’s personnel policies and programs
  697  relating to conflicts of interest, qualifications of personnel,
  698  and other related personnel matters.
  699         (g)Accept any and all appropriate donations, grants, and
  700  gifts of money, equipment, supplies, materials, and services and
  701  receive, use, and dispose of the same, provided that, at all
  702  times, the commission avoids any appearance of impropriety or
  703  conflict of interest.
  704         (h)Lease, purchase, accept appropriate gifts or donations
  705  of, or otherwise own, hold, improve, or use any property,
  706  whether real, personal, or mixed, provided that, at all times,
  707  the commission avoids any appearance of impropriety.
  708         (i)Sell, convey, mortgage, pledge, lease, exchange,
  709  abandon, or otherwise dispose of any property, whether real,
  710  personal, or mixed.
  711         (j)Establish a budget and make expenditures.
  712         (k)Borrow money.
  713         (l)Appoint committees, including advisory committees
  714  comprised of administrators, state nursing regulators, state
  715  legislators or their representatives, consumer representatives,
  716  and other interested persons.
  717         (m)Provide information to, receive information from, and
  718  cooperate with law enforcement agencies.
  719         (n)Adopt and use an official seal.
  720         (o)Perform such other functions as may be necessary or
  721  appropriate to achieve the purposes of this compact consistent
  722  with the state regulation of nurse licensure and practice.
  723         (8)Relating to the financing of the commission, the
  724  commission:
  725         (a)Shall pay, or provide for the payment of, the
  726  reasonable expenses of its establishment, organization, and
  727  ongoing activities.
  728         (b)May also levy and collect an annual assessment from
  729  each party state to cover the cost of its operations,
  730  activities, and staff in its annual budget as approved each
  731  year. The aggregate annual assessment amount, if any, shall be
  732  allocated based on a formula to be determined by the commission,
  733  which shall adopt a rule that is binding on all party states.
  734         (c)May not incur obligations of any kind before securing
  735  the funds adequate to meet the same; and the commission may not
  736  pledge the credit of any of the party states, except by and with
  737  the authority of such party state.
  738         (d)Shall keep accurate accounts of all receipts and
  739  disbursements. The commission’s receipts and disbursements are
  740  subject to the audit and accounting procedures established under
  741  its bylaws. However, all receipts and disbursements of funds
  742  handled by the commission shall be audited yearly by a certified
  743  or licensed public accountant, and the report of the audit shall
  744  be included in, and become part of, the commission’s annual
  745  report.
  746         (9)Relating to the sovereign immunity, defense, and
  747  indemnification of the commission:
  748         (a)The administrators, officers, executive director,
  749  employees, and representatives of the commission are immune from
  750  suit and liability, either personally or in their official
  751  capacity, for any claim for damage to or loss of property or
  752  personal injury or other civil liability caused by or arising
  753  out of any actual or alleged act, error, or omission that
  754  occurred, or that the person against whom the claim is made had
  755  a reasonable basis for believing occurred, within the scope of
  756  commission employment, duties, or responsibilities. This
  757  paragraph does not protect any such person from suit or
  758  liability for any damage, loss, injury, or liability caused by
  759  the intentional, willful, or wanton misconduct of that person.
  760         (b)The commission shall defend any administrator, officer,
  761  executive director, employee, or representative of the
  762  commission in any civil action seeking to impose liability
  763  arising out of any actual or alleged act, error, or omission
  764  that occurred within the scope of commission employment, duties,
  765  or responsibilities or that the person against whom the claim is
  766  made had a reasonable basis for believing occurred within the
  767  scope of commission employment, duties, or responsibilities,
  768  provided that the actual or alleged act, error, or omission did
  769  not result from that person’s intentional, willful, or wanton
  770  misconduct. This paragraph does not prohibit that person from
  771  retaining his or her own counsel.
  772         (c)The commission shall indemnify and hold harmless any
  773  administrator, officer, executive director, employee, or
  774  representative of the commission for the amount of any
  775  settlement or judgment obtained against that person arising out
  776  of any actual or alleged act, error, or omission that occurred
  777  within the scope of commission employment, duties, or
  778  responsibilities or that such person had a reasonable basis for
  779  believing occurred within the scope of commission employment,
  780  duties, or responsibilities, provided that the actual or alleged
  781  act, error, or omission did not result from the intentional,
  782  willful, or wanton misconduct of that person.
  783                            ARTICLE VIII                           
  784                             RULEMAKING                            
  785         (1)The commission shall exercise its rulemaking powers
  786  pursuant to the criteria set forth in this article and the rules
  787  adopted thereunder. Rules and amendments become binding as of
  788  the date specified in each rule or amendment and have the same
  789  force and effect as provisions of this compact.
  790         (2)Rules or amendments to the rules shall be adopted at a
  791  regular or special meeting of the commission.
  792         (3)Before adoption of a final rule or final rules by the
  793  commission, and at least 60 days before the meeting at which the
  794  rule will be considered and voted upon, the commission shall
  795  file a notice of proposed rulemaking:
  796         (a)On the commission’s website.
  797         (b)On the website of each licensing board or the
  798  publication in which each state would otherwise publish proposed
  799  rules.
  800         (4)The notice of proposed rulemaking shall include:
  801         (a)The proposed time, date, and location of the meeting in
  802  which the rule will be considered and voted upon.
  803         (b)The text of the proposed rule or amendment and the
  804  reason for the proposed rule.
  805         (c)A request for comments on the proposed rule from any
  806  interested person.
  807         (d)The manner in which an interested person may submit
  808  notice to the commission of his or her intention to attend the
  809  public hearing and any written comments.
  810         (5)Before adoption of a proposed rule, the commission
  811  shall allow persons to submit written data, facts, opinions, and
  812  arguments, which shall be made available to the public.
  813         (6)The commission shall grant an opportunity for a public
  814  hearing before it adopts a rule or amendment.
  815         (7)The commission shall publish the place, time, and date
  816  of the scheduled public hearing.
  817         (a)Hearings shall be conducted in a manner providing each
  818  person who wishes to comment a fair and reasonable opportunity
  819  to comment orally or in writing. All hearings will be recorded,
  820  and a copy will be made available upon request.
  821         (b)This article does not require a separate hearing on
  822  each rule. Rules may be grouped for the convenience of the
  823  commission at hearings required by this article.
  824         (8)If no interested person appears at the public hearing,
  825  the commission may proceed with adoption of the proposed rule.
  826         (9)Following the scheduled hearing date, or by the close
  827  of business on the scheduled hearing date if the hearing is not
  828  held, the commission shall consider all written and oral
  829  comments received.
  830         (10)The commission shall, by majority vote of all
  831  administrators, take final action on the proposed rule and shall
  832  determine the effective date of the rule, if any, based on the
  833  rulemaking record and the full text of the rule.
  834         (11)Upon determination that an emergency exists, the
  835  commission may consider and adopt an emergency rule without
  836  prior notice, opportunity for comment, or hearing, provided that
  837  the usual rulemaking procedures provided in this compact and in
  838  this article are applied retroactively to the rule as soon as
  839  reasonably possible within 90 days after the effective date of
  840  the rule. For the purposes of this subsection, an emergency rule
  841  is one that must be adopted immediately in order to:
  842         (a)Meet an imminent threat to public health, safety, or
  843  welfare;
  844         (b)Prevent a loss of commission or party state funds; or
  845         (c)Meet a deadline for the adoption of an administrative
  846  rule that is required by federal law or rule.
  847         (12)The commission may direct revisions to a previously
  848  adopted rule or amendment for purposes of correcting
  849  typographical errors, errors in format, errors in consistency,
  850  or grammatical errors. Public notice of any revisions shall be
  851  posted on the commission’s website. The revision is subject to
  852  challenge by any person for 30 days after posting. The revision
  853  may be challenged only on grounds that the revision results in a
  854  material change to a rule. A challenge must be made in writing
  855  and delivered to the commission before the end of the notice
  856  period. If no challenge is made, the revision shall take effect
  857  without further action. If the revision is challenged, the
  858  revision may not take effect without the commission’s approval.
  859                             ARTICLE IX                            
  861         (1)Oversight of this compact shall be accomplished by:
  862         (a)Each party state, which shall enforce this compact and
  863  take all actions necessary and appropriate to effectuate this
  864  compact’s purposes and intent.
  865         (b)The commission, which is entitled to receive service of
  866  process in any proceeding that may affect the powers,
  867  responsibilities, or actions of the commission and has standing
  868  to intervene in such a proceeding for all purposes. Failure to
  869  provide service of process in such proceeding to the commission
  870  renders a judgment or order void as to the commission, this
  871  compact, or adopted rules.
  872         (2)When the commission determines that a party state has
  873  defaulted in the performance of its obligations or
  874  responsibilities under this compact or the adopted rules, the
  875  commission shall:
  876         (a)Provide written notice to the defaulting state and
  877  other party states of the nature of the default, the proposed
  878  means of curing the default, or any other action to be taken by
  879  the commission.
  880         (b)Provide remedial training and specific technical
  881  assistance regarding the default.
  882         (3)If a state in default fails to cure the default, the
  883  defaulting state’s membership in this compact may be terminated
  884  upon an affirmative vote of a majority of the administrators,
  885  and all rights, privileges, and benefits conferred by this
  886  compact may be terminated on the effective date of termination.
  887  A cure of the default does not relieve the offending state of
  888  obligations or liabilities incurred during the period of
  889  default.
  890         (4)Termination of membership in this compact shall be
  891  imposed only after all other means of securing compliance have
  892  been exhausted. Notice of intent to suspend or terminate shall
  893  be given by the commission to the governor of the defaulting
  894  state, to the executive officer of the defaulting state’s
  895  licensing board, and each of the party states.
  896         (5)A state whose membership in this compact is terminated
  897  is responsible for all assessments, obligations, and liabilities
  898  incurred through the effective date of termination, including
  899  obligations that extend beyond the effective date of
  900  termination.
  901         (6)The commission shall not bear any costs related to a
  902  state that is found to be in default or whose membership in this
  903  compact is terminated unless agreed upon in writing between the
  904  commission and the defaulting state.
  905         (7)The defaulting state may appeal the action of the
  906  commission by petitioning the United States District Court for
  907  the District of Columbia or the federal district in which the
  908  commission has its principal offices. The prevailing party shall
  909  be awarded all costs of such litigation, including reasonable
  910  attorney fees.
  911         (8)Dispute resolution may be used by the commission in the
  912  following manner:
  913         (a)Upon request by a party state, the commission shall
  914  attempt to resolve disputes related to the compact that arise
  915  among party states and between party and nonparty states.
  916         (b)The commission shall adopt a rule providing for both
  917  mediation and binding dispute resolution for disputes, as
  918  appropriate.
  919         (c)In the event the commission cannot resolve disputes
  920  among party states arising under this compact:
  921         1.The party states may submit the issues in dispute to an
  922  arbitration panel, which will be comprised of individuals
  923  appointed by the compact administrator in each of the affected
  924  party states and an individual mutually agreed upon by the
  925  compact administrators of all the party states involved in the
  926  dispute.
  927         2.The decision of a majority of the arbitrators is final
  928  and binding.
  929         (9)(a)The commission shall, in the reasonable exercise of
  930  its discretion, enforce the provisions and rules of this
  931  compact.
  932         (b)By majority vote, the commission may initiate legal
  933  action in the United States District Court for the District of
  934  Columbia or the federal district in which the commission has its
  935  principal offices against a party state that is in default to
  936  enforce compliance with this compact and its adopted rules and
  937  bylaws. The relief sought may include both injunctive relief and
  938  damages. In the event judicial enforcement is necessary, the
  939  prevailing party shall be awarded all costs of such litigation,
  940  including reasonable attorney fees.
  941         (c)The remedies provided in this subsection are not the
  942  exclusive remedies of the commission. The commission may pursue
  943  any other remedies available under federal or state law.
  944                              ARTICLE X                            
  945              EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT            
  946         (1)This compact becomes effective and binding on the date
  947  of legislative enactment of this compact into law by no fewer
  948  than 26 states or on December 31, 2018, whichever occurs first.
  949  All party states to this compact which were also parties to the
  950  prior Nurse Licensure Compact (“prior compact”), superseded by
  951  this compact, are deemed to have withdrawn from the prior
  952  compact within 6 months after the effective date of this
  953  compact.
  954         (2)Each party state to this compact shall continue to
  955  recognize a nurse’s multistate licensure privilege to practice
  956  in that party state issued under the prior compact until such
  957  party state is withdrawn from the prior compact.
  958         (3)Any party state may withdraw from this compact by
  959  enacting a statute repealing the compact. A party state’s
  960  withdrawal does not take effect until 6 months after enactment
  961  of the repealing statute.
  962         (4)A party state’s withdrawal or termination does not
  963  affect the continuing requirement of the withdrawing or
  964  terminated state’s licensing board to report adverse actions and
  965  significant investigations occurring before the effective date
  966  of such withdrawal or termination.
  967         (5)This compact does not invalidate or prevent any nurse
  968  licensure agreement or other cooperative arrangement between a
  969  party state and a nonparty state that is made in accordance with
  970  the other provisions of this compact.
  971         (6)This compact may be amended by the party states. An
  972  amendment to this compact does not become effective and binding
  973  upon the party states unless and until it is enacted into the
  974  laws of all party states.
  975         (7)Representatives of nonparty states to this compact
  976  shall be invited to participate in the activities of the
  977  commission, on a nonvoting basis, before the adoption of this
  978  compact by all party states.
  979                             ARTICLE XI                            
  980                    CONSTRUCTION AND SEVERABILITY                  
  981         This compact shall be liberally construed so as to
  982  effectuate the purposes thereof. The provisions of this compact
  983  are severable, and if any phrase, clause, sentence, or provision
  984  of this compact is declared to be contrary to the constitution
  985  of any party state or of the United States, or if the
  986  applicability thereof to any government, agency, person, or
  987  circumstance is held invalid, the validity of the remainder of
  988  this compact and the applicability thereof to any government,
  989  agency, person, or circumstance is not affected thereby. If this
  990  compact is declared to be contrary to the constitution of any
  991  party state, the compact shall remain in full force and effect
  992  as to the remaining party states and in full force and effect as
  993  to the party state affected as to all severable matters.
  994         Section 8. Subsection (1) of section 464.012, Florida
  995  Statutes, is amended to read:
  996         464.012 Certification of advanced registered nurse
  997  practitioners; fees.—
  998         (1) Any nurse desiring to be certified as an advanced
  999  registered nurse practitioner shall apply to the department and
 1000  submit proof that he or she holds a current license to practice
 1001  professional nursing or holds an active multistate license to
 1002  practice professional nursing pursuant to s. 464.0095 and that
 1003  he or she meets one or more of the following requirements as
 1004  determined by the board:
 1005         (a) Satisfactory completion of a formal postbasic
 1006  educational program of at least one academic year, the primary
 1007  purpose of which is to prepare nurses for advanced or
 1008  specialized practice.
 1009         (b) Certification by an appropriate specialty board. Such
 1010  certification shall be required for initial state certification
 1011  and any recertification as a registered nurse anesthetist or
 1012  nurse midwife. The board may by rule provide for provisional
 1013  state certification of graduate nurse anesthetists and nurse
 1014  midwives for a period of time determined to be appropriate for
 1015  preparing for and passing the national certification
 1016  examination.
 1017         (c) Graduation from a program leading to a master’s degree
 1018  in a nursing clinical specialty area with preparation in
 1019  specialized practitioner skills. For applicants graduating on or
 1020  after October 1, 1998, graduation from a master’s degree program
 1021  shall be required for initial certification as a nurse
 1022  practitioner under paragraph (4)(c). For applicants graduating
 1023  on or after October 1, 2001, graduation from a master’s degree
 1024  program shall be required for initial certification as a
 1025  registered nurse anesthetist under paragraph (4)(a).
 1026         Section 9. Subsections (1), (2), and (9) of section
 1027  464.015, Florida Statutes, are amended to read:
 1028         464.015 Titles and abbreviations; restrictions; penalty.—
 1029         (1) Only a person persons who holds a license in this state
 1030  or a multistate license pursuant to s. 464.0095 hold licenses to
 1031  practice professional nursing in this state or who performs are
 1032  performing nursing services pursuant to the exception set forth
 1033  in s. 464.022(8) may shall have the right to use the title
 1034  “Registered Nurse” and the abbreviation “R.N.”
 1035         (2) Only a person persons who holds a license in this state
 1036  or a multistate license pursuant to s. 464.0095 hold licenses to
 1037  practice as a licensed practical nurse nurses in this state or
 1038  who performs are performing practical nursing services pursuant
 1039  to the exception set forth in s. 464.022(8) may shall have the
 1040  right to use the title “Licensed Practical Nurse” and the
 1041  abbreviation “L.P.N.”
 1042         (9) A person may not practice or advertise as, or assume
 1043  the title of, registered nurse, licensed practical nurse,
 1044  clinical nurse specialist, certified registered nurse
 1045  anesthetist, certified nurse midwife, or advanced registered
 1046  nurse practitioner or use the abbreviation “R.N.,” “L.P.N.,”
 1047  “C.N.S.,” “C.R.N.A.,” “C.N.M.,” or “A.R.N.P.” or take any other
 1048  action that would lead the public to believe that person was
 1049  authorized by law to practice certified as such or is performing
 1050  nursing services pursuant to the exception set forth in s.
 1051  464.022(8), unless that person is licensed, or certified, or
 1052  authorized pursuant to s. 464.0095 to practice as such.
 1053         Section 10. Subsections (1) and (2) of section 464.018,
 1054  Florida Statutes, are amended to read:
 1055         464.018 Disciplinary actions.—
 1056         (1) The following acts constitute grounds for denial of a
 1057  license or disciplinary action, as specified in ss. s.
 1058  456.072(2) and 464.0095:
 1059         (a) Procuring, attempting to procure, or renewing a license
 1060  to practice nursing or the authority to practice practical or
 1061  professional nursing pursuant to s. 464.0095 by bribery, by
 1062  knowing misrepresentations, or through an error of the
 1063  department or the board.
 1064         (b) Having a license to practice nursing revoked,
 1065  suspended, or otherwise acted against, including the denial of
 1066  licensure, by the licensing authority of another state,
 1067  territory, or country.
 1068         (c) Being convicted or found guilty of, or entering a plea
 1069  of guilty or nolo contendere to, regardless of adjudication, a
 1070  crime in any jurisdiction which directly relates to the practice
 1071  of nursing or to the ability to practice nursing.
 1072         (d) Being convicted or found guilty of, or entering a plea
 1073  of guilty or nolo contendere to, regardless of adjudication, of
 1074  any of the following offenses:
 1075         1. A forcible felony as defined in chapter 776.
 1076         2. A violation of chapter 812, relating to theft, robbery,
 1077  and related crimes.
 1078         3. A violation of chapter 817, relating to fraudulent
 1079  practices.
 1080         4. A violation of chapter 800, relating to lewdness and
 1081  indecent exposure.
 1082         5. A violation of chapter 784, relating to assault,
 1083  battery, and culpable negligence.
 1084         6. A violation of chapter 827, relating to child abuse.
 1085         7. A violation of chapter 415, relating to protection from
 1086  abuse, neglect, and exploitation.
 1087         8. A violation of chapter 39, relating to child abuse,
 1088  abandonment, and neglect.
 1089         9.For an applicant for a multistate license or for a
 1090  multistate licenseholder under s. 464.0095, a felony offense
 1091  under Florida law or federal criminal law.
 1092         (e) Having been found guilty of, regardless of
 1093  adjudication, or entered a plea of nolo contendere or guilty to,
 1094  any offense prohibited under s. 435.04 or similar statute of
 1095  another jurisdiction; or having committed an act which
 1096  constitutes domestic violence as defined in s. 741.28.
 1097         (f) Making or filing a false report or record, which the
 1098  nurse licensee knows to be false, intentionally or negligently
 1099  failing to file a report or record required by state or federal
 1100  law, willfully impeding or obstructing such filing or inducing
 1101  another person to do so. Such reports or records shall include
 1102  only those which are signed in the nurse’s capacity as a
 1103  licensed nurse.
 1104         (g) False, misleading, or deceptive advertising.
 1105         (h) Unprofessional conduct, as defined by board rule.
 1106         (i) Engaging or attempting to engage in the possession,
 1107  sale, or distribution of controlled substances as set forth in
 1108  chapter 893, for any other than legitimate purposes authorized
 1109  by this part.
 1110         (j) Being unable to practice nursing with reasonable skill
 1111  and safety to patients by reason of illness or use of alcohol,
 1112  drugs, narcotics, or chemicals or any other type of material or
 1113  as a result of any mental or physical condition. In enforcing
 1114  this paragraph, the department shall have, upon a finding of the
 1115  State Surgeon General or the State Surgeon General’s designee
 1116  that probable cause exists to believe that the nurse licensee is
 1117  unable to practice nursing because of the reasons stated in this
 1118  paragraph, the authority to issue an order to compel a nurse
 1119  licensee to submit to a mental or physical examination by
 1120  physicians designated by the department. If the nurse licensee
 1121  refuses to comply with such order, the department’s order
 1122  directing such examination may be enforced by filing a petition
 1123  for enforcement in the circuit court where the nurse licensee
 1124  resides or does business. The nurse licensee against whom the
 1125  petition is filed shall not be named or identified by initials
 1126  in any public court records or documents, and the proceedings
 1127  shall be closed to the public. The department shall be entitled
 1128  to the summary procedure provided in s. 51.011. A nurse affected
 1129  by the provisions of this paragraph shall at reasonable
 1130  intervals be afforded an opportunity to demonstrate that she or
 1131  he can resume the competent practice of nursing with reasonable
 1132  skill and safety to patients.
 1133         (k) Failing to report to the department any person who the
 1134  nurse licensee knows is in violation of this part or of the
 1135  rules of the department or the board; however, if the nurse
 1136  licensee verifies that such person is actively participating in
 1137  a board-approved program for the treatment of a physical or
 1138  mental condition, the nurse licensee is required to report such
 1139  person only to an impaired professionals consultant.
 1140         (l) Knowingly violating any provision of this part, a rule
 1141  of the board or the department, or a lawful order of the board
 1142  or department previously entered in a disciplinary proceeding or
 1143  failing to comply with a lawfully issued subpoena of the
 1144  department.
 1145         (m) Failing to report to the department any licensee under
 1146  chapter 458 or under chapter 459 who the nurse knows has
 1147  violated the grounds for disciplinary action set out in the law
 1148  under which that person is licensed and who provides health care
 1149  services in a facility licensed under chapter 395, or a health
 1150  maintenance organization certificated under part I of chapter
 1151  641, in which the nurse also provides services.
 1152         (n) Failing to meet minimal standards of acceptable and
 1153  prevailing nursing practice, including engaging in acts for
 1154  which the nurse licensee is not qualified by training or
 1155  experience.
 1156         (o) Violating any provision of this chapter or chapter 456,
 1157  or any rules adopted pursuant thereto.
 1158         (2)(a) The board may enter an order denying licensure or
 1159  imposing any of the penalties in s. 456.072(2) against any
 1160  applicant for licensure or nurse licensee who is found guilty of
 1161  violating any provision of subsection (1) of this section or who
 1162  is found guilty of violating any provision of s. 456.072(1).
 1163         (b)The board may take adverse action against a nurse’s
 1164  multistate licensure privilege and impose any of the penalties
 1165  in s. 456.072(2) when the nurse is found guilty of violating
 1166  subsection (1) or s. 456.072(1).
 1167         Section 11. Paragraph (a) of subsection (2) of section
 1168  464.0195, Florida Statutes, is amended, and subsection (4) is
 1169  added to that section, to read:
 1170         464.0195 Florida Center for Nursing; goals.—
 1171         (2) The primary goals for the center shall be to:
 1172         (a) Develop a strategic statewide plan for nursing manpower
 1173  in this state by:
 1174         1. Establishing and maintaining a database on nursing
 1175  supply and demand in the state, to include current supply and
 1176  demand, and future projections; and
 1177         2.Analyzing the current nursing supply and demand in the
 1178  state and making future projections of such, including assessing
 1179  the impact of this state’s participation in the Nurse Licensure
 1180  Compact under s. 464.0095; and
 1181         3.2. Selecting from the plan priorities to be addressed.
 1182         (4)The center may request from the board, and the board
 1183  must provide to the center upon its request, any information
 1184  held by the board regarding nurses licensed in this state or
 1185  holding a multistate license pursuant to s. 464.0095 or
 1186  information reported to the board by employers of such nurses,
 1187  other than personal identifying information.
 1188         Section 12. Paragraph (g) is added to subsection (10) of
 1189  section 768.28, Florida Statutes, to read:
 1190         768.28 Waiver of sovereign immunity in tort actions;
 1191  recovery limits; limitation on attorney fees; statute of
 1192  limitations; exclusions; indemnification; risk management
 1193  programs.—
 1194         (10)
 1195         (g) For purposes of this section, the executive director of
 1196  the Board of Nursing, when serving as the state administrator of
 1197  the Nurse Licensure Compact pursuant to s. 464.0095, and any
 1198  administrator, officer, executive director, employee, or
 1199  representative of the Interstate Commission of Nurse Licensure
 1200  Compact Administrators, when acting within the scope of their
 1201  employment, duties, or responsibilities in this state, are
 1202  considered agents of the state. The commission shall pay any
 1203  claims or judgments pursuant to this section and may maintain
 1204  insurance coverage to pay any such claims or judgments.
 1205         Section 13. This act shall take effect December 31, 2018,
 1206  or upon enactment of the Nurse Licensure Compact into law by 26
 1207  states, whichever occurs first.