                                 CODE OF VIRGINIA

ESTABLISHMENT OF THE INTERSTATE COMMISSION OF NURSE LICENSURE COMPACT
ADMINISTRATORS (§ 54.1-3040.7)

A. The party states hereby create and establish a joint public entity known as
the Interstate Commission of Nurse Licensure Compact Administrators
(Commission).

   1. The Commission is an instrumentality of the party states.

   2. Venue is proper, and judicial proceedings by or against the Commission
   shall be brought solely and exclusively, in a court of competent jurisdiction
   where the principal office of the Commission is located. The Commission may
   waive venue and jurisdictional defenses to the extent it adopts or consents to
   participate in alternative dispute resolution proceedings.

   3. Nothing in this Compact shall be construed to be a waiver of sovereign
   immunity.

B. Membership, voting, and meetings.

   1. Each party state shall have and be limited to one administrator. The head
   of the state licensing board or designee shall be the administrator of this
   Compact for each party state. Any administrator may be removed or suspended
   from office as provided by the law of the state from which the Administrator
   is appointed. Any vacancy occurring in the Commission shall be filled in
   accordance with the laws of the party state in which the vacancy exists.

   2. Each administrator shall be entitled to one (1) vote with regard to the
   promulgation of rules and creation of bylaws and shall otherwise have an
   opportunity to participate in the business and affairs of the Commission. An
   administrator shall vote in person or by such other means as provided in the
   bylaws. The bylaws may provide for an administrator&#8217;s participation in
   meetings by telephone or other means of communication.

   3. The Commission shall meet at least once during each calendar year.
   Additional meetings shall be held as set forth in the bylaws or rules of the
   commission.

   4. All meetings shall be open to the public, and public notice of meetings
   shall be given in the same manner as required under the rulemaking provisions
   in &#xA7; 54.1-3040.8.

   5. The Commission may convene in a closed, nonpublic meeting if the Commission
   must discuss:
   				a. Noncompliance of a party state with its obligations under this Compact;
   				b. The employment, compensation, discipline, or other personnel matters,
   practices, or procedures related to specific employees or other matters
   related to the Commission&#8217;s internal personnel practices and procedures;
   				c. Current, threatened, or reasonably anticipated litigation;
   				d. Negotiation of contracts for the purchase or sale of goods, services,
   or real estate;
   				e. Accusing any person of a crime or formally censuring any person;
   				f. Disclosure of trade secrets or commercial or financial information that
   is privileged or confidential;
   				g. Disclosure of information of a personal nature where disclosure would
   constitute a clearly unwarranted invasion of personal privacy;
   				h. Disclosure of investigatory records compiled for law-enforcement
   purposes;
   				i. Disclosure of information related to any reports prepared by or on
   behalf of the Commission for the purpose of investigation of compliance with
   this Compact; or
   				j. Matters specifically exempted from disclosure by federal or state
   statute.

   6. If a meeting, or portion of a meeting, is closed pursuant to this
   provision, the Commission&#8217;s legal counsel or designee shall certify that
   the meeting may be closed and shall reference each relevant exempting
   provision. The Commission shall keep minutes that fully and clearly describe
   all matters discussed in a meeting and shall provide a full and accurate
   summary of actions taken, and the reasons therefor, including a description of
   the views expressed. All documents considered in connection with an action
   shall be identified in such minutes. All minutes and documents of a closed
   meeting shall remain under seal, subject to release by a majority vote of the
   Commission or order of a court of competent jurisdiction.

C. The Commission shall, by a majority vote of the administrators, prescribe
bylaws or rules to govern its conduct as may be necessary or appropriate to
carry out the purposes and exercise the powers of this Compact, including but
not limited to:

   1. Establishing the fiscal year of the Commission;

   2. Providing reasonable standards and procedures:
   				a. For the establishment and meetings of other committees; and
   				b. Governing any general or specific delegation of any authority or
   function of the Commission;

   3. Providing reasonable procedures for calling and conducting meetings of the
   Commission, ensuring reasonable advance notice of all meetings, and providing
   an opportunity for attendance of such meetings by interested parties, with
   enumerated exceptions designed to protect the public&#8217;s interest, the
   privacy of individuals, and proprietary information, including trade secrets.
   The Commission may meet in closed session only after a majority of the
   administrators vote to close a meeting in whole or in part. As soon as
   practicable, the Commission must make public a copy of the vote to close the
   meeting revealing the vote of each administrator, with no proxy votes allowed;

   4. Establishing the titles, duties, and authority and reasonable procedures
   for the election of the officers of the Commission;

   5. Providing reasonable standards and procedures for the establishment of the
   personnel policies and programs of the Commission. Notwithstanding any civil
   service or other similar laws of any party state, the bylaws shall exclusively
   govern the personnel policies and programs of the Commission; and

   6. Providing a mechanism for winding up the operations of the Commission and
   the equitable disposition of any surplus funds that may exist after the
   termination of this Compact after the payment or reserving of all of its debts
   and obligations.

D. The Commission shall publish its bylaws and rules, and any amendments
thereto, in a convenient form on the website of the Commission.

E. The Commission shall maintain its financial records in accordance with the
bylaws.

F. The Commission shall meet and take such actions as are consistent with the
provisions of this Compact and the bylaws.

G. The Commission shall have the following powers:

   1. To promulgate uniform rules to facilitate and coordinate implementation and
   administration of this Compact. The rules shall have the force and effect of
   law and shall be binding in all party states;

   2. To bring and prosecute legal proceedings or actions in the name of the
   Commission, provided that the standing of any licensing board to sue or be
   sued under applicable law shall not be affected;

   3. To purchase and maintain insurance and bonds;

   4. To borrow, accept, or contract for services of personnel, including, but
   not limited to, employees of a party state or nonprofit organizations;

   5. To cooperate with other organizations that administer state compacts
   related to the regulation of nursing, including but not limited to sharing
   administrative or staff expenses, office space, or other resources;

   6. To hire employees, elect or appoint officers, fix compensation, define
   duties, grant such individuals appropriate authority to carry out the purposes
   of this Compact and to establish the Commission&#8217;s personnel policies and
   programs relating to conflicts of interest, qualifications of personnel, and
   other related personnel matters;

   7. To accept any and all appropriate donations, grants, and gifts of money,
   equipment, supplies, materials, and services and to receive, utilize, and
   dispose of the same, provided that at all times the Commission shall avoid any
   appearance of impropriety or conflict of interest;

   8. To lease, purchase, accept appropriate gifts or donations of, or otherwise
   to own, hold, improve, or use, any property, whether real, personal or mixed,
   provided that at all times the Commission shall avoid any appearance of
   impropriety;

   9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
   dispose of any property, whether real, personal, or mixed;

   10. To establish a budget and make expenditures;

   11. To borrow money;

   12. To appoint committees, including advisory committees comprised of
   administrators, state nursing regulators, state legislators or their
   representatives, and consumer representatives and other such interested
   persons;

   13. To provide and receive information from, and to cooperate with,
   law-enforcement agencies;

   14. To adopt and use an official seal; and

   15. To perform such other functions as may be necessary or appropriate to
   achieve the purposes of this Compact consistent with the state regulation of
   nurse licensure and practice.

H. Financing of the Commission.

   1. The Commission shall pay, or provide for the payment of, the reasonable
   expenses of its establishment, organization, and ongoing activities.

   2. The Commission may also levy on and collect an annual assessment from each
   party state to cover the cost of its operations, activities, and staff in its
   annual budget as approved each year. The aggregate annual assessment amount,
   if any, shall be allocated based upon a formula to be determined by the
   Commission, which shall promulgate a rule that is binding upon all party
   states.

   3. The Commission shall not incur obligations of any kind prior to securing
   the funds adequate to meet the same, nor shall the Commission pledge the
   credit of any of the party states, except by, and with the authority of, such
   party state.

   4. The Commission shall keep accurate accounts of all receipts and
   disbursements. The receipts and disbursements of the Commission shall be
   subject to the audit and accounting procedures established under its bylaws.
   However, all receipts and disbursements of funds handled by the Commission
   shall be audited yearly by a certified or licensed public accountant, and the
   report of the audit shall be included in and become part of the annual report
   of the Commission.

I. Qualified immunity, defense, and indemnification.

   1. The administrators, officers, executive director, employees, and
   representatives of the Commission shall be immune from suit and liability,
   either personally or in their official capacity, for any claim for damage to
   or loss of property or personal injury or other civil liability caused by or
   arising out of any actual or alleged act, error, or omission that occurred, or
   that the person against whom the claim is made had a reasonable basis for
   believing occurred, within the scope of Commission employment, duties or
   responsibilities, provided that nothing in this subdivision shall be construed
   to protect any such person from suit or liability for any damage, loss,
   injury, or liability caused by the intentional, willful, or wanton misconduct
   of that person.

   2. The Commission shall defend any administrator, officer, executive director,
   employee, or representative of the Commission in any civil action seeking to
   impose liability arising out of any actual or alleged act, error, or omission
   that occurred within the scope of Commission employment, duties, or
   responsibilities, or that the person against whom the claim is made had a
   reasonable basis for believing occurred within the scope of Commission
   employment, duties, or responsibilities, provided that nothing herein shall be
   construed to prohibit that person from retaining his or her own counsel and
   provided further that the actual or alleged act, error, or omission did not
   result from that person&#8217;s intentional, willful, or wanton misconduct.

   3. The Commission shall indemnify and hold harmless any administrator,
   officer, executive director, employee, or representative of the Commission for
   the amount of any settlement or judgment obtained against that person arising
   out of any actual or alleged act, error, or omission that occurred within the
   scope of Commission employment, duties, or responsibilities, or that such
   person had a reasonable basis for believing occurred within the scope of
   Commission employment, duties, or responsibilities, provided that the actual
   or alleged act, error, or omission did not result from the intentional,
   willful, or wanton misconduct of that person.

HISTORY: 2016, c. 108.