title: RCW 18.79.260

text:
(1) A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, to individuals with illnesses, injuries, or disabilities.
(2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, naturopathic physician, optometrist, podiatric physician and surgeon, physician assistant, advanced registered nurse practitioner, or midwife acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required. Such direction must be for acts which are within the scope of registered nursing practice.
(3) A registered nurse may delegate tasks of nursing care to other individuals where the registered nurse determines that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the delegated task; and
(iv) Delegate only those tasks that are within the registered nurse's scope of practice.
(b) A registered nurse, working for a home health or hospice agency regulated under chapter 70.127 RCW, may delegate the application, instillation, or insertion of medications to a registered or certified nursing assistant under a plan of care.
(c) Except as authorized in (b) or (e) of this subsection, a registered nurse may not delegate the administration of medications. Except as authorized in (e) or (f) of this subsection, a registered nurse may not delegate acts requiring substantial skill, and may not delegate piercing or severing of tissues. Acts that require nursing judgment shall not be delegated.
(d) No person may coerce a nurse into compromising patient safety by requiring the nurse to delegate if the nurse determines that it is inappropriate to do so. Nurses shall not be subject to any employer reprisal or disciplinary action by the board for refusing to delegate tasks or refusing to provide the required training for delegation if the nurse determines delegation may compromise patient safety.
(e) For delegation in community-based care settings or in-home care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants under chapter 18.88A RCW or home care aides certified under chapter 18.88B RCW. Simple care tasks such as blood pressure monitoring, personal care service, diabetic insulin device set up, verbal verification of insulin dosage for sight-impaired individuals, or other tasks as defined by the board are exempted from this requirement.
(i) "Community-based care settings" includes: Community residential programs for people with developmental disabilities, certified by the department of social and health services under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and assisted living facilities licensed under chapter 18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities.
(ii) "In-home care settings" include an individual's place of temporary or permanent residence, but does not include acute care or skilled nursing facilities, and does not include community-based care settings as defined in (e)(i) of this subsection.
(iii) Delegation of nursing care tasks in community-based care settings and in-home care settings is only allowed for individuals who have a stable and predictable condition. "Stable and predictable condition" means a situation in which the individual's clinical and behavioral status is known and does not require the frequent presence and evaluation of a registered nurse.
(iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. Other than delegation of the administration of insulin by injection for the purpose of caring for individuals with diabetes, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated.
(v) When delegating insulin injections under this section, the registered nurse delegator must instruct the individual regarding proper injection procedures and the use of insulin, demonstrate proper injection procedures, and must supervise and evaluate the individual performing the delegated task as required by the board by rule. If the registered nurse delegator determines that the individual is competent to perform the injection properly and safely, supervision and evaluation shall occur at an interval determined by the board by rule.
(vi)(A) The registered nurse shall verify that the nursing assistant or home care aide, as the case may be, has completed the required core nurse delegation training required in chapter 18.88A or 18.88B RCW prior to authorizing delegation.
(B) Before commencing any specific nursing tasks authorized to be delegated in this section, a home care aide must be certified pursuant to chapter 18.88B RCW and must comply with RCW 18.88B.070.
(vii) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within the protocols of their delegation authority are immune from liability for any action performed in the course of their delegation duties.
(viii) Nursing task delegation protocols are not intended to regulate the settings in which delegation may occur, but are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the profession may rely, and to safeguard the authority of the nurse to make independent professional decisions regarding the delegation of a task.
(f) The delegation of nursing care tasks only to registered or certified nursing assistants under chapter 18.88A RCW or to home care aides certified under chapter 18.88B RCW may include glucose monitoring and testing.
(g) The board may adopt rules to implement this section.
(4) Only a person licensed as a registered nurse may instruct nurses in technical subjects pertaining to nursing.
(5) Only a person licensed as a registered nurse may hold herself or himself out to the public or designate herself or himself as a registered nurse.
[ 2025 c 58 s 5019; 2022 c 14 s 2; (2022 c 14 s 1 expired July 1, 2022); 2020 c 80 s 18. Prior: 2012 c 164 s 407; 2012 c 13 s 3; 2012 c 10 s 37; 2009 c 203 s 1; 2008 c 146 s 11; 2003 c 140 s 2; 2000 c 95 s 3; 1995 1st sp.s. c 18 s 51; 1995 c 295 s 1; 1994 sp.s. c 9 s 426.]
Notes:
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2022 c 14 s 2: "Section 2 of this act takes effect July 1, 2022." [ 2022 c 14 s 4.]
Expiration date—2022 c 14 s 1: "Section 1 of this act expires July 1, 2022." [ 2022 c 14 s 3.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Application—2012 c 10: See note following RCW 18.20.010.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 295: "This act shall take effect August 1, 1996." [ 1995 c 295 s 4.]
PDF
RCW 18.79.260
Registered nurse—Activities allowed—Delegation of tasks. (Effective June 30, 2027.)
(1) A registered nurse under his or her license may perform for compensation nursing care, as that term is usually understood, to individuals with illnesses, injuries, or disabilities.
(2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic physician and surgeon, naturopathic physician, optometrist, podiatric physician and surgeon, physician assistant, advanced practice registered nurse, or midwife acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment and skill is required. Such direction must be for acts which are within the scope of registered nursing practice.
(3) A registered nurse may delegate tasks of nursing care to other individuals where the registered nurse determines that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the delegated task; and
(iv) Delegate only those tasks that are within the registered nurse's scope of practice.
(b) A registered nurse, working for a home health or hospice agency regulated under chapter 70.127 RCW, may delegate the application, instillation, or insertion of medications to a registered or certified nursing assistant under a plan of care.
(c) Except as authorized in (b) or (e) of this subsection, a registered nurse may not delegate the administration of medications. Except as authorized in (e) or (f) of this subsection, a registered nurse may not delegate acts requiring substantial skill, and may not delegate piercing or severing of tissues. Acts that require nursing judgment shall not be delegated.
(d) No person may coerce a nurse into compromising patient safety by requiring the nurse to delegate if the nurse determines that it is inappropriate to do so. Nurses shall not be subject to any employer reprisal or disciplinary action by the board for refusing to delegate tasks or refusing to provide the required training for delegation if the nurse determines delegation may compromise patient safety.
(e) For delegation in community-based care settings or in-home care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants under chapter 18.88A RCW or home care aides certified under chapter 18.88B RCW. Simple care tasks such as blood pressure monitoring, personal care service, diabetic insulin device set up, verbal verification of insulin dosage for sight-impaired individuals, or other tasks as defined by the board are exempted from this requirement.
(i) "Community-based care settings" includes: Community residential programs for people with developmental disabilities, certified by the department of social and health services under chapter 71A.12 RCW; adult family homes licensed under chapter 70.128 RCW; and assisted living facilities licensed under chapter 18.20 RCW. Community-based care settings do not include acute care or skilled nursing facilities.
(ii) "In-home care settings" include an individual's place of temporary or permanent residence, but does not include acute care or skilled nursing facilities, and does not include community-based care settings as defined in (e)(i) of this subsection.
(iii) Delegation of nursing care tasks in community-based care settings and in-home care settings is only allowed for individuals who have a stable and predictable condition. "Stable and predictable condition" means a situation in which the individual's clinical and behavioral status is known and does not require the frequent presence and evaluation of a registered nurse.
(iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered nurse. Other than delegation of the administration of insulin by injection for the purpose of caring for individuals with diabetes, the administration of medications by injection, sterile procedures, and central line maintenance may never be delegated.
(v) When delegating insulin injections under this section, the registered nurse delegator must instruct the individual regarding proper injection procedures and the use of insulin, demonstrate proper injection procedures, and must supervise and evaluate the individual performing the delegated task as required by the board by rule. If the registered nurse delegator determines that the individual is competent to perform the injection properly and safely, supervision and evaluation shall occur at an interval determined by the board by rule.
(vi)(A) The registered nurse shall verify that the nursing assistant or home care aide, as the case may be, has completed the required core nurse delegation training required in chapter 18.88A or 18.88B RCW prior to authorizing delegation.
(B) Before commencing any specific nursing tasks authorized to be delegated in this section, a home care aide must be certified pursuant to chapter 18.88B RCW and must comply with RCW 18.88B.070.
(vii) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within the protocols of their delegation authority are immune from liability for any action performed in the course of their delegation duties.
(viii) Nursing task delegation protocols are not intended to regulate the settings in which delegation may occur, but are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the profession may rely, and to safeguard the authority of the nurse to make independent professional decisions regarding the delegation of a task.
(f) The delegation of nursing care tasks only to registered or certified nursing assistants under chapter 18.88A RCW or to home care aides certified under chapter 18.88B RCW may include glucose monitoring and testing.
(g) The board may adopt rules to implement this section.
(4) Only a person licensed as a registered nurse may instruct nurses in technical subjects pertaining to nursing.
(5) Only a person licensed as a registered nurse may hold herself or himself out to the public or designate herself or himself as a registered nurse.
[ 2024 c 239 s 15; 2022 c 14 s 2; (2022 c 14 s 1 expired July 1, 2022); 2020 c 80 s 18. Prior: 2012 c 164 s 407; 2012 c 13 s 3; 2012 c 10 s 37; 2009 c 203 s 1; 2008 c 146 s 11; 2003 c 140 s 2; 2000 c 95 s 3; 1995 1st sp.s. c 18 s 51; 1995 c 295 s 1; 1994 sp.s. c 9 s 426.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.
Effective date—2022 c 14 s 2: "Section 2 of this act takes effect July 1, 2022." [ 2022 c 14 s 4.]
Expiration date—2022 c 14 s 1: "Section 1 of this act expires July 1, 2022." [ 2022 c 14 s 3.]
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Finding—Intent—Rules—Effective date—2012 c 164: See notes following RCW 18.88B.010.
Application—2012 c 10: See note following RCW 18.20.010.
Findings—Intent—Severability—2008 c 146: See notes following RCW 74.41.040.
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 295: "This act shall take effect August 1, 1996." [ 1995 c 295 s 4.]

catchline: Registered nurse—Activities allowed—Delegation of tasks. (Effective until June 30, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 18.79.270

text:
A licensed practical nurse under his or her license may perform nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof may, under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, naturopathic physician, podiatric physician and surgeon, physician assistant, advanced registered nurse practitioner, or midwife acting under the scope of his or her license, or at the direction and under the supervision of a registered nurse, administer drugs, medications, treatments, tests, injections, and inoculations, whether or not the piercing of tissues is involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of the licensed practitioners designated in this section, or by a registered nurse who need not be physically present; if the order given is reduced to writing within a reasonable time and made a part of the patient's record. Such direction must be for acts within the scope of licensed practical nurse practice.
[ 2020 c 80 s 19; 2012 c 13 s 4; 1995 c 295 s 2; 1994 sp.s. c 9 s 427.]
Notes:
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Effective date—1995 c 295: See note following RCW 18.79.260.
PDF
RCW 18.79.270
Licensed practical nurse—Activities allowed. (Effective June 30, 2027.)
A licensed practical nurse under his or her license may perform nursing care, as that term is usually understood, of the ill, injured, or infirm, and in the course thereof may, under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, naturopathic physician, podiatric physician and surgeon, physician assistant, advanced practice registered nurse, or midwife acting under the scope of his or her license, or at the direction and under the supervision of a registered nurse, administer drugs, medications, treatments, tests, injections, and inoculations, whether or not the piercing of tissues is involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of the licensed practitioners designated in this section, or by a registered nurse who need not be physically present; if the order given is reduced to writing within a reasonable time and made a part of the patient's record. Such direction must be for acts within the scope of licensed practical nurse practice.
[ 2024 c 239 s 16; 2020 c 80 s 19; 2012 c 13 s 4; 1995 c 295 s 2; 1994 sp.s. c 9 s 427.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.
Effective date—2020 c 80 ss 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Effective date—1995 c 295: See note following RCW 18.79.260.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Licensed practical nurse—Activities allowed. (Effective until June 30, 2027.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.79.280

text:
It is not a violation of chapter 18.71 RCW or of chapter 18.57 RCW for a registered nurse, at or under the general direction of a licensed physician and surgeon, or osteopathic physician and surgeon, to administer prescribed drugs, injections, inoculations, tests, or treatment whether or not the piercing of tissues is involved.
[ 1994 sp.s. c 9 s 428.]

catchline: Medication, tests, treatments allowed.


title: RCW 18.79.290

text:
(1) In accordance with rules adopted by the board, public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or private school at the time. After consultation with staff of the superintendent of public instruction, the board shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the board deems necessary to the proper implementation of this section:
(a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or private school provide for the catheterization of the student;
(b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired instructions from an advanced registered nurse practitioner or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or private school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and
(d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced registered nurse practitioner, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or private school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training.
(2) This section does not require school districts to provide intermittent bladder catheterization of students.
[ 2025 c 58 s 5020; 1994 sp.s. c 9 s 429.]
Notes:
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Catheterization of public and private school students: RCW 28A.210.280 and 28A.210.290.
PDF
RCW 18.79.290
Catheterization of students—Rules. (Effective June 30, 2027.)
(1) In accordance with rules adopted by the board, public school districts and private schools that offer classes for any of grades kindergarten through twelve may provide for clean, intermittent bladder catheterization of students or assisted self-catheterization of students who are in the custody of the school district or private school at the time. After consultation with staff of the superintendent of public instruction, the board shall adopt rules in accordance with chapter 34.05 RCW, that provide for the following and such other matters as the board deems necessary to the proper implementation of this section:
(a) A requirement for a written, current, and unexpired request from a parent, legal guardian, or other person having legal control over the student that the school district or private school provide for the catheterization of the student;
(b) A requirement for a written, current, and unexpired request from a physician licensed under chapter 18.71 or 18.57 RCW, that catheterization of the student be provided for during the hours when school is in session or the hours when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired instructions from an advanced practice registered nurse or a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district or private school employee or employees who may provide for the catheterization, and (ii) a description of the nature and extent of any required supervision; and
(d) The nature and extent of acceptable training that shall (i) be provided by a physician, advanced practice registered nurse, or registered nurse licensed under chapter 18.71 or 18.57 RCW, or this chapter, and (ii) be required of school district or private school employees who provide for the catheterization of a student under this section, except that a licensed practical nurse licensed under this chapter is exempt from training.
(2) This section does not require school districts to provide intermittent bladder catheterization of students.
[ 2024 c 239 s 17; 1994 sp.s. c 9 s 429.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.
Catheterization of public and private school students: RCW 28A.210.280 and 28A.210.290.

catchline: Catheterization of students—Rules. (Effective until June 30, 2027.)


title: RCW 18.79.300

text:
The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such reasonable rules as may be necessary to carry out the duties imposed upon it in the administration of this chapter.
[ 1994 sp.s. c 9 s 430.]

catchline: Department—Rules for administration.


title: RCW 18.79.310

text:
As of July 1, 1994, all rules, regulations, decisions, and orders of the board of nursing under *chapter 18.88 RCW or the board of practical nursing under *chapter 18.78 RCW continue to be in effect under the board, until the board acts to modify the rules, regulations, decisions, or orders.
[ 2025 c 58 s 5021; 1994 sp.s. c 9 s 431.]
Notes:
*Reviser's note: Chapters 18.88 and 18.78 RCW were repealed by 1994 sp.s. c 9 s 433.
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Rules, regulations, decisions of previous boards—Effect.


title: RCW 18.79.330

text:
The legislature finds a need to provide additional work-related opportunities for nursing students. Nursing students enrolled in bachelor of science programs or associate degree programs, working within the limits of their education, gain valuable judgment and knowledge through expanded work opportunities.
[ 2003 c 258 s 1.]
Notes:
Severability—2003 c 258: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2003 c 258 s 11.]
Effective date—2003 c 258: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 12, 2003]." [ 2003 c 258 s 12.]

catchline: Finding.


title: RCW 18.79.340

text:
(1) "Nursing technician" means a nursing student employed in a hospital licensed under chapter 70.41 RCW, a clinic, or a nursing home licensed under chapter 18.51 RCW, who:
(a) Is currently enrolled in good standing in a nursing program approved by the board and has not graduated; or
(b) Is a graduate of a nursing program approved by the board who graduated:
(i) Within the past thirty days; or
(ii) Within the past sixty days and has received a determination from the secretary that there is good cause to continue the registration period, as defined by the secretary in rule.
(2) No person may practice or represent oneself as a nursing technician by use of any title or description of services without being registered under this chapter, unless otherwise exempted by this chapter.
(3) The board may adopt rules to implement chapter 258, Laws of 2003.
[ 2025 c 58 s 5022; 2012 c 153 s 13; 2003 c 258 s 2.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Rules—2012 c 153: See note following RCW 18.360.005.
Severability—Effective date—2003 c 258: See notes following RCW 18.79.330.

catchline: Nursing technicians.


title: RCW 18.79.350

text:
(1) Nursing technicians are authorized to perform specific nursing functions within the limits of their education, up to their skill and knowledge, but they may not:
(a) Administer chemotherapy, blood or blood products, intravenous medications, or scheduled drugs, or carry out procedures on central lines;
(b) Assume ongoing responsibility for assessments, planning, implementation, or evaluation of the care of patients;
(c) Function independently, act as a supervisor, or delegate tasks to licensed practical nurses, nursing assistants, or unlicensed personnel; or
(d) Perform or attempt to perform nursing techniques or procedures for which the nursing technician lacks the appropriate knowledge, experience, and education.
(2) Nursing technicians may function only under the direct supervision of a registered nurse who agrees to act as supervisor and is immediately available to the nursing technician. The supervising registered nurse must have an unrestricted license with at least two years of clinical practice in the setting where the nursing technician works.
(3) Nursing technicians may only perform specific nursing functions based upon and limited to their education and when they have demonstrated the ability and been verified to safely perform these functions by the nursing program in which the nurse technician is enrolled. The nursing program providing verification is immune from liability for any nursing function performed or not performed by the nursing technician.
(4) Nursing technicians are responsible and accountable for their specific nursing functions.
[ 2003 c 258 s 3.]
Notes:
Severability—Effective date—2003 c 258: See notes following RCW 18.79.330.

catchline: Nursing technicians—Nursing functions.


title: RCW 18.79.360

text:
(1) Applications for registration must be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee must accompany the application.
(2) An applicant for registration as a nursing technician shall submit:
(a) A signed statement from the applicant's nursing program verifying enrollment in, or graduation from, the nursing program; and
(b) A signed statement from the applicant's employer certifying that the employer understands the role of the nursing technician and agrees to meet the requirements of subsection (4) of this section.
(3) The secretary shall issue a registration to an applicant who has met the requirements for registration or deny a registration to an applicant who does not meet the requirements, except that proceedings concerning the denial of registration based on unprofessional conduct or impairment are governed by the uniform disciplinary act, chapter 18.130 RCW.
(4) The employer:
(a) Shall not require the nursing technician to work beyond his or her education and training;
(b) Shall verify that the nursing technician continues to qualify as a nursing technician as described in RCW 18.79.340;
(c) Shall advise the department and nursing program of any practice-related action taken against the nursing technician;
(d) Shall maintain documentation of the specific nursing functions the nursing technician is authorized to perform; and
(e) Shall provide training regarding the provisions of chapter 258, Laws of 2003, including procedures for filing a complaint with the department of health or the department of social and health services concerning violations of chapter 258, Laws of 2003, to all nursing technicians and registered nurses who shall supervise nursing technicians and document the training and make it available for any inspection or survey.
[ 2003 c 258 s 4.]
Notes:
Severability—Effective date—2003 c 258: See notes following RCW 18.79.330.

catchline: Applications for registration as a nursing technician—Fee.


title: RCW 18.79.370

text:
The secretary shall establish by rule the procedural requirements and fees for renewal of the registration. Failure to renew invalidates the registration and all privileges granted by the registration. For renewal of registration, a nursing technician must attest that he or she continues to qualify as a nursing technician as described in RCW 18.79.340.
[ 2003 c 258 s 5.]
Notes:
Severability—Effective date—2003 c 258: See notes following RCW 18.79.330.


title: RCW 18.79.390

text:
(1) The secretary shall employ an executive director that is:
(a) Hired by and serves at the pleasure of the board;
(b) Exempt from the provisions of the civil service law, chapter 41.06 RCW and whose salary is established by the board in accordance with RCW 43.03.028; and
(c) Responsible for performing all administrative duties of the board, including preparing an annual budget, and any other duties as delegated to the executive director by the board.
(2) Consistent with the budgeting and accounting act, the board is responsible for proposing its own biennial budget which the secretary must submit to the office of financial management.
(3) Prior to adopting credentialing fees under RCW 43.70.250, the secretary shall collaborate with the board to determine the appropriate fees necessary to support the activities of the board.
(4) Prior to the secretary exercising the secretary's authority to adopt uniform rules and guidelines, or any other actions that might impact the licensing or disciplinary authority of the board, the secretary shall first meet with the board to determine how those rules or guidelines, or changes to rules or guidelines, might impact the board's ability to effectively carry out its statutory duties. If the board, in consultation with the secretary, determines that the proposed rules or guidelines, or changes to existing rules or guidelines, will negatively impact the board's ability to effectively carry out its statutory duties, then the individual board shall collaborate with the secretary to develop alternative solutions to mitigate the impacts. If an alternative solution cannot be reached, the parties may resolve the dispute through a mediator as set forth in subsection (6) of this section.
(5) The board shall negotiate with the secretary to develop performance-based expectations, including identification of key performance measures. The performance expectations should focus on consistent, timely regulation of health care professionals.
(6) In the event there is a disagreement between the board and the secretary, that is unable to be resolved through negotiation, a representative of both parties shall agree on the designation of a third party to mediate the dispute.
(7) The secretary shall employ staff that are hired and managed by the executive director provided that nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement.
(8) By December 31, 2013, the board must present a report with recommendations to the governor and the legislature regarding:
(a) Evidence-based practices and research-based practices used by boards of nursing when conducting licensing, educational, disciplinary, and financial activities and the use of such practices by the board; and
(b) A comparison of the board's licensing, education, disciplinary, and financial outcomes with those of other boards of nursing using a national database.
[ 2025 c 58 s 5023; 2013 c 81 s 5; 2011 c 60 s 8; 2008 c 134 s 30.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2013 c 81: See note following RCW 18.25.0167.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Finding—Intent—Severability—2008 c 134: See notes following RCW 18.130.020.

catchline: Secretary and board relationship.


title: RCW 18.79.400

text:
(1) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless an advanced registered nurse practitioner or certified registered nurse anesthetist first consults with a practitioner specializing in pain management; and
(B) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management.
(ii) The rules regarding consultation with a practitioner specializing in pain management must, to the extent practicable, take into account:
(A) Circumstances under which repeated consultations would not be necessary or appropriate for a patient undergoing a stable, ongoing course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt an advanced registered nurse practitioner or certified registered nurse anesthetist from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients;
(b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the emergency department.
(2) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional associations for advanced registered nurse practitioners and certified registered nurse anesthetists in the state.
(3) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life care; or
(b) To the management of acute pain caused by an injury or a surgical procedure.
[ 2025 c 58 s 5024; 2010 c 209 s 7.]
Notes:
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
PDF
RCW 18.79.400
Pain management rules—Criteria for new rules. (Effective June 30, 2027.)
(1) By June 30, 2011, the board shall adopt new rules on chronic, noncancer pain management that contain the following elements:
(a)(i) Dosing criteria, including:
(A) A dosage amount that must not be exceeded unless an advanced practice registered nurse or certified registered nurse anesthetist first consults with a practitioner specializing in pain management; and
(B) Exigent or special circumstances under which the dosage amount may be exceeded without consultation with a practitioner specializing in pain management.
(ii) The rules regarding consultation with a practitioner specializing in pain management must, to the extent practicable, take into account:
(A) Circumstances under which repeated consultations would not be necessary or appropriate for a patient undergoing a stable, ongoing course of treatment for pain management;
(B) Minimum training and experience that is sufficient to exempt an advanced practice registered nurse or certified registered nurse anesthetist from the specialty consultation requirement;
(C) Methods for enhancing the availability of consultations;
(D) Allowing the efficient use of resources; and
(E) Minimizing the burden on practitioners and patients;
(b) Guidance on when to seek specialty consultation and ways in which electronic specialty consultations may be sought;
(c) Guidance on tracking clinical progress by using assessment tools focusing on pain interference, physical function, and overall risk for poor outcome; and
(d) Guidance on tracking the use of opioids, particularly in the emergency department.
(2) The board shall consult with the agency medical directors' group, the department of health, the University of Washington, and the largest professional associations for advanced practice registered nurses and certified registered nurse anesthetists in the state.
(3) The rules adopted under this section do not apply:
(a) To the provision of palliative, hospice, or other end-of-life care; or
(b) To the management of acute pain caused by an injury or a surgical procedure.
[ 2024 c 239 s 18; 2010 c 209 s 7.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.

catchline: Pain management rules—Criteria for new rules. (Effective until June 30, 2027.)


title: RCW 18.79.410

text:
In addition to the authority provided in RCW 42.52.804, the board, its members, or staff as directed by the board, may communicate, present information requested, volunteer information, testify before legislative committees, and educate the legislature, as the board may from time to time see fit.
[ 2025 c 58 s 5025; 2013 c 81 s 6.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2013 c 81: See note following RCW 18.25.0167.

catchline: Board—Information to legislature.


title: RCW 18.79.420

text:
A nurse who provides a parent with a positive prenatal or postnatal diagnosis of Down syndrome shall provide the parent with the information prepared by the department under RCW 43.70.738 at the time the nurse provides the parent with the Down syndrome diagnosis.
[ 2016 c 70 s 7.]

catchline: Down syndrome—Parent information.


title: RCW 18.79.430

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the legislature intends to expand the student nurse preceptor grant program to help reduce the shortage of health care training settings for students and increase the numbers of nurses in the workforce.
(2)(a) The grant program shall provide incentive pay for individuals serving as clinical supervisors to nursing candidates with a focus on acute shortage areas including those in rural and underserved communities and long-term care facilities. The desired outcomes of the grant program include increased clinical opportunities for nursing students. In part, increased clinical opportunities shall be achieved through reducing the required number of qualifying hours of precepting clinical instruction per student from 100 to 80. The board shall consult with collective bargaining representatives of nurses who serve as clinical supervisors in the development of the grant program.
(b) The board shall submit a report, in accordance with RCW 43.01.036, to the office of financial management and the appropriate committees of the legislature by September 30, 2025, on the outcomes of the grant program. The report must include:
(i) A description of the mechanism for incentivizing supervisor pay and other strategies;
(ii) The number of supervisors that received bonus pay and the number of sites used;
(iii) The number of students that received supervision at each site;
(iv) The number of supervision hours provided at each site;
(v) Initial reporting on the number of students who received supervision through the programs that moved into a permanent position with the program at the end of their supervision; and
(vi) Recommendations to scale up the program or otherwise recruit nurse preceptors in shortage areas.
[ 2025 c 58 s 5026; 2023 c 126 s 9.]
Notes:
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—2023 c 126: See note following RCW 28B.50.800.

catchline: Student nurse preceptor grant program—Report.


title: RCW 18.79.440

text:
(1) The department or board may not post information regarding an enforcement action taken by the board against a person credentialed under this chapter or chapter 18.88A RCW, including any supporting documents or indication that the enforcement action was taken, on any public website when the following conditions are met:
(a) In connection with the enforcement action, the person has been required by an order or agreement with the board to contact a board-approved substance use disorder monitoring program authorized by RCW 18.130.175, and if recommended by the program, to contract with and participate in the program;
(b) The board has found that the person has substantially complied with the terms of the order or agreement; and
(c) If the website is a third-party website, the department or board has the ability to prevent information regarding the enforcement action from being posted on the public website.
(2) Subject to the availability of amounts appropriated for this specific purpose, the board shall establish a stipend program to defray the out-of-pocket expenses incurred in connection with participation in the board's approved substance use disorder monitoring program authorized by RCW 18.130.175.
(3) To be eligible for the stipend program, a person must:
(a) Hold an active, inactive, or suspended credential issued pursuant to this chapter or chapter 18.88A RCW;
(b) Submit an application on forms provided by the board;
(c) Be actively participating in the board's approved substance use disorder monitoring program or have completed the board's approved substance use disorder monitoring program within six months of submission of an application for the stipend program; and
(d) Have a demonstrated need for financial assistance with the expenses incurred in connection with participation in the board's approved substance use disorder monitoring program.
(4) A person is not eligible for the stipend program if they have previously applied for and participated in the stipend program.
(5) The board may defray up to 80 percent of each out-of-pocket expense deemed eligible for defrayment under this section.
(6) Out-of-pocket expenses eligible for defrayment under this section include the costs of substance use evaluation, treatment, and other ancillary services, including drug testing, participation in professional peer support groups, and any other expenses deemed appropriate by the board.
(7) A person participating in the stipend program established in this section shall document their out-of-pocket expenses in a manner specified by the board.
(8) The board must provide updated information on its website regarding the total number of individuals that have participated in the stipend program, the average total amount of eligible expenses defrayed for each participant, the aggregated total amount of expenses that have been defrayed for all individuals that have participated in the stipend program, and the amount of funds available for the stipend program.
(9) The board may adopt rules necessary to implement this section.
[ 2026 c 59 s 1; 2025 c 58 s 5028; 2023 c 141 s 1.]
Notes:
Effective date—2026 c 59: "This act takes effect July 1, 2026." [ 2026 c 59 s 2.]
Explanatory note—2025 c 58: See note following RCW 1.16.050.

catchline: Public posting of enforcement actions restricted—Substance use disorder monitoring stipend program.


title: RCW 18.79.450

text:
A person seeking to practice as a registered nurse or licensed practical nurse in this state may choose to apply for a license issued under this chapter or a multistate license issued under chapter 18.80 RCW.
[ 2023 c 123 s 15.]
Notes:
Short title—2023 c 123: See RCW 18.80.900.

catchline: Multistate license.


title: RCW 18.79.460

text:
(1) In screening applicants to obtain or retain a multistate license under RCW 18.80.020, the board shall:
(a) Obtain fingerprints from each applicant for a multistate license;
(b) Submit the fingerprints through the state patrol to the federal bureau of investigation for a national criminal history background check;
(c) Receive the results of the federal bureau of investigation national criminal history background check; and
(d) Use the results in making multistate licensure decisions.
(2) The results of the federal bureau of investigation national criminal history background check are confidential. The board shall not release the results to the public, the interstate commission of nurse licensure compact administrators, or the licensing board of any other state.
(3) Nothing in chapter 123, Laws of 2023 shall be construed to authorize the board to participate in the federal bureau of investigation service, known as rap back, which identifies changes in criminal history record information against retained fingerprints.
(4) For purposes of this section, "multistate license" means the same as defined in RCW 18.80.010.
[ 2023 c 123 s 14.]
Notes:
Short title—2023 c 123: See RCW 18.80.900.

catchline: Multistate license—Background checks.


title: RCW 18.79.470

text:
The board shall publish on its website:
(1) All rules and requirements associated with the passage of the interstate nurse licensure compact, chapter 18.80 RCW;
(2) An annually updated summary of the key differences in each state's nursing practice act; and
(3) All meeting details, including meeting dates and times, locations, and methods of participation and sharing of comments for the compact administrator meetings.
[ 2023 c 123 s 16.]
Notes:
Short title—2023 c 123: See RCW 18.80.900.

catchline: Multistate license—Publication on website.


title: RCW 18.79.480

text:
The board may adopt rules to implement chapter 123, Laws of 2023.
[ 2023 c 123 s 13.]
Notes:
Short title—2023 c 123: See RCW 18.80.900.

catchline: Multistate license—Rule making.


title: RCW 18.79.490

text:
Subject to amounts appropriated specifically for this purpose, the Washington state board of nursing shall develop and manage a grant process for the purposes of providing incentives to certified registered nurse anesthetists to precept nurse anesthesia residents in health care settings. The board of nursing shall ensure the funds in the grant process are distributed equally among the total qualified applicant preceptors that dedicate at least 80 hours per year to precepting any nurse anesthesia residents. The goal of the grant program is to create more clinical placements for nurse anesthesia residents to complete required clinical hours to earn their degree and related licensure.
[ 2024 c 363 s 2.]
Notes:
Intent—2024 c 363: "The health care system faces increasing costs and workforce shortages. Health care facilities are facing a shortage of anesthesia providers. The legislature recognizes certified registered nurse anesthetists as essential providers of safe, cost-effective, and accessible anesthesia care for Washington residents. It is the intent of the legislature to encourage an ongoing supply and improve the pipeline of certified registered nurse anesthetists in Washington state through educational promotion and expansion." [ 2024 c 363 s 1.]

catchline: Nurse anesthetists grant program.


title: RCW 18.79.492

text:
(1) The University of Washington center for health workforce studies, in collaboration with the Washington state board of nursing, the Washington medical commission, and the department of health, shall study the workforce shortages in anesthesia care in each facility providing anesthesia services in Washington state, and shall submit an initial report to the legislature beginning June 30, 2025, with an update report annually thereafter. The center for health workforce studies shall submit a final report due June 30, 2029, detailing the progress made in the previous five years and any findings and policy recommendations to further address the workforce shortages and barriers to further expanding education of certified registered nurse anesthetists. The initial and each subsequent report shall include, but are not limited to, the following:
(a) Identifying the factors and barriers to entry into the profession of nurse anesthesiology;
(b) Evaluating and assessing the current training and pipeline for certified registered nurse anesthetists;
(c) Developing recommendations that reduce barriers for individuals who want to become certified registered nurse anesthetists and increasing the available clinical training slots for nurse anesthesia residents;
(d) Creating and maintaining an implementation plan to improve the pipeline of certified registered nurse anesthetists in the state;
(e) Identifying the number of qualified anesthesia providers, including, at a minimum, physician anesthesiologists and certified registered nurse anesthetists, who may practice independently in the state of Washington at each facility providing anesthesia services; and
(f) Providing policy recommendations to expand the nurse anesthesia workforce and optimize the cost of providing anesthesia services, including initiatives for all practicing independent anesthesia providers to practice at the top of their license.
(2) This section expires June 30, 2030.
[ 2024 c 363 s 3.]
Notes:
Intent—2024 c 363: See note following RCW 18.79.490.

catchline: Nurse anesthetists workforce shortage report. (Expires June 30, 2030.)


title: RCW 18.79.800

text:
(1) By January 1, 2019, the board must adopt rules establishing requirements for prescribing opioid drugs. The rules may contain exemptions based on education, training, amount of opioids prescribed, patient panel, and practice environment.
(2) In developing the rules, the board must consider the agency medical directors' group and centers for disease control guidelines, and may consult with the department of health, the University of Washington, and the largest professional associations for advanced registered nurse practitioners and certified registered nurse anesthetists in the state.
[ 2025 c 58 s 5029; 2017 c 297 s 8.]
Notes:
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Findings—Intent—2017 c 297: See note following RCW 18.22.800.
PDF
RCW 18.79.800
Opioid drug prescribing rules—Adoption. (Effective June 30, 2027.)
(1) By January 1, 2019, the board must adopt rules establishing requirements for prescribing opioid drugs. The rules may contain exemptions based on education, training, amount of opioids prescribed, patient panel, and practice environment.
(2) In developing the rules, the board must consider the agency medical directors' group and centers for disease control guidelines, and may consult with the department of health, the University of Washington, and the largest professional associations for advanced practice registered nurses and certified registered nurse anesthetists in the state.
[ 2024 c 239 s 19; 2017 c 297 s 8.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.
Findings—Intent—2017 c 297: See note following RCW 18.22.800.

catchline: Opioid drug prescribing rules—Adoption. (Effective until June 30, 2027.)


title: RCW 18.79.810

text:
By January 1, 2020, the board must adopt or amend its rules to require advanced registered nurse practitioners who prescribe opioids to inform patients of their right to refuse an opioid prescription or order for any reason. If a patient indicates a desire to not receive an opioid, the advanced registered nurse practitioner must document the patient's request and avoid prescribing or ordering opioids, unless the request is revoked by the patient.
[ 2025 c 58 s 5030; 2019 c 314 s 10.]
Notes:
Expiration date—2025 c 58 ss 5004, 5005, 5006, 5010, 5012, 5013, 5014, 5016, 5017, 5018, 5019, 5020, 5024, 5029, 5030, 5043, 5044, 5045, 5047, 5048, 5049, 5051, 5052, 5053, and 5055: See note following RCW 18.79.040.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Declaration—2019 c 314: See note following RCW 18.22.810.
PDF
RCW 18.79.810
Opioid drugs—Right to refuse. (Effective June 30, 2027.)
By January 1, 2020, the board must adopt or amend its rules to require advanced practice registered nurses who prescribe opioids to inform patients of their right to refuse an opioid prescription or order for any reason. If a patient indicates a desire to not receive an opioid, the advanced practice registered nurse must document the patient's request and avoid prescribing or ordering opioids, unless the request is revoked by the patient.
[ 2024 c 239 s 20; 2019 c 314 s 10.]
Notes:
Effective date—2024 c 239: See note following RCW 18.79.030.
Declaration—2019 c 314: See note following RCW 18.22.810.

catchline: Opioid drugs—Right to refuse. (Effective until June 30, 2027.)


title: RCW 18.79.900

text:
If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 1994 sp.s. c 9 s 904.]

catchline: Severability—1994 sp.s. c 9.


title: RCW 18.79.901

text:
Headings and captions used in this act constitute no part of the law.
[ 1994 sp.s. c 9 s 905.]

catchline: Headings and captions not law—1994 sp.s. c 9.


title: RCW 18.79.902

text:
This act takes effect July 1, 1994.
[ 1994 sp.s. c 9 s 906.]

catchline: Effective date—1994 sp.s. c 9.


title: RCW 18.80.005

text:
(1) The legislature finds that:
(a) The health and safety of the public are affected by the degree of compliance with and the effectiveness of enforcement activities related to state nurse licensure laws;
(b) Violations of nurse licensure and other laws regulating the practice of nursing may result in injury or harm to the public;
(c) The expanded mobility of nurses and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of nurse licensure and regulation;
(d) New practice modalities and technology make compliance with individual state nurse licensure laws difficult and complex;
(e) The current system of duplicative licensure for nurses practicing in multiple states is cumbersome and redundant for both nurses and states; and
(f) Uniformity of nurse licensure requirements throughout the states promotes public safety and public health benefits.
(2) The general purposes of this compact are to:
(a) Facilitate the states' responsibility to protect the public's health and safety;
(b) Ensure and encourage the cooperation of party states in the areas of nurse licensure and regulation;
(c) Facilitate the exchange of information between party states in the areas of nurse regulation, investigation, and adverse actions;
(d) Promote compliance with the laws governing the practice of nursing in each jurisdiction;
(e) Invest all party states with the authority to hold a nurse accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses;
(f) Decrease redundancies in the consideration and issuance of nurse licenses; and
(g) Provide opportunities for interstate practice by nurses who meet uniform licensure requirements.
[ 2023 c 123 s 2.]

catchline: Findings—Purpose.


title: RCW 18.80.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action.
(2) "Alternative program" means a nondisciplinary monitoring program approved by a licensing board.
(3) "Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards.
(4) "Current significant investigative information" means:
(a) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) Investigative information that indicates that the nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond.
(5) "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board.
(6) "Home state" means the party state which is the nurse's primary state of residence.
(7) "Interstate commission" means the interstate commission of nurse licensure compact administrators.
(8) "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses.
(9) "Multistate license" means a license to practice as a registered or a licensed practical nurse or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege.
(10) "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse, or licensed practical or vocational nurse, in a remote state.
(11) "Nurse" means registered nurse, or licensed practical or vocational nurse, as those terms are defined by each party state's practice laws.
(12) "Party state" means any state that has adopted this compact.
(13) "Remote state" means a party state, other than the home state.
(14) "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state.
(15) "State" means a state, territory, or possession of the United States or the District of Columbia.
(16) "State practice laws" means a party state's laws, rules, and regulations that govern the practice of nursing, define the scope of nursing practice, and create the methods and grounds for imposing discipline. State practice laws do not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state.
[ 2023 c 123 s 3.]

catchline: Definitions.


title: RCW 18.80.020

text:
(1) A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state will be recognized by each party state as authorizing a nurse to practice as a registered nurse, or licensed practical or vocational nurse, under a multistate licensure privilege, in each party state.
(2) A state must implement procedures for considering the criminal history records of applicants for initial multistate license or licensure by endorsement. Such procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
(3) Each party state shall require the following for an applicant to obtain or retain a multistate license in the home state:
(a) Meets the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws;
(b)(i) Has graduated or is eligible to graduate from a licensing board-approved registered nurse, or licensed practical or vocational nurse, prelicensure education program; or
(ii) Has graduated from a foreign registered nurse, or licensed practical or vocational nurse, prelicensure education program that (A) has been approved by the authorized accrediting body in the applicable country and (B) has been verified by an independent credentials review agency to be comparable to a licensing board-approved prelicensure education program;
(c) Has, if a graduate of a foreign prelicensure education program not taught in English or if English is not the individual's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening;
(d) Has successfully passed an NCLEX-RN® or NCLEX-PN® examination or recognized predecessor, as applicable;
(e) Is eligible for or holds an active, unencumbered license;
(f) Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records;
(g) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law;
(h) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis;
(i) Is not currently enrolled in an alternative program;
(j) Is subject to self-disclosure requirements regarding current participation in an alternative program; and
(k) Has a valid United States social security number.
(4) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation, or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.
(5) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.
(6) Individuals not residing in a party state shall continue to be able to apply for a party state's single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.
(7) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse's then-current home state, provided that:
(a) A nurse, who changes primary state of residence after the effective date of this compact, must meet all applicable requirements of subsection (3) of this section to obtain a multistate license from a new home state.
(b) A nurse who fails to satisfy the multistate licensure requirements in subsection (3) of this section due to a disqualifying event occurring after the effective date of this compact shall be ineligible to retain or renew a multistate license, and the nurse's multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission.
[ 2023 c 123 s 4.]

catchline: General provisions—Jurisdiction.


title: RCW 18.80.030

text:
(1) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.
(2) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.
(3) If a nurse changes primary state of residence by moving between two party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the interstate commission.
(a) The nurse may apply for licensure in advance of a change in primary state of residence.
(b) A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.
(4) If a nurse changes primary state of residence by moving from a party state to a nonparty state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.
[ 2023 c 123 s 5.]

catchline: Application for licensure in a party state.


title: RCW 18.80.040

text:
(1) In addition to the other powers conferred by state law, a licensing board shall have the authority to:
(a) Take adverse action against a nurse's multistate licensure privilege to practice within that party state.
(i) Only the home state shall have the power to take adverse action against a nurse's license issued by the home state.
(ii) For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action;
(b) Issue cease and desist orders or impose an encumbrance on a nurse's authority to practice within that party state;
(c) Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions;
(d) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located;
(e) Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks, and use the results in making licensure decisions;
(f) If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse;
(g) Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.
(2) If adverse action is taken by the home state against a nurse's multistate license, the nurse's multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse's multistate license shall include a statement that the nurse's multistate licensure privilege is deactivated in all party states during the pendency of the order.
(3) Nothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse's participation in an alternative program.
[ 2023 c 123 s 6.]

catchline: Additional authorities invested in party state licensing boards.


title: RCW 18.80.050

text:
(1) All party states shall participate in a coordinated licensure information system of all licensed registered nurses, and licensed practical or vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.
(2) The interstate commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.
(3) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications, the reasons for such denials, and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.
(4) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(5) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(6) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(7) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
(8) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum:
(a) Identifying information;
(b) Licensure data;
(c) Information related to alternative program participation; and
(d) Other information that may facilitate the administration of this compact, as determined by interstate commission rules.
(9) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.
[ 2023 c 123 s 7.]

catchline: Coordinated licensure information system—Exchange of information.


title: RCW 18.80.060

text:
(1) The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.
(a) The interstate commission is an instrumentality of the party states.
(b) Venue is proper, and judicial proceedings by or against the interstate commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the interstate commission is located. The interstate commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
(c) Nothing in this compact shall be construed to be a waiver of sovereign immunity.
(2)(a) 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 interstate commission shall be filled in accordance with the laws of the party state in which the vacancy exists.
(b) Each administrator shall be entitled to one 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 interstate commission. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication.
(c) The interstate 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 interstate commission.
(d) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rule-making provisions in RCW 18.80.070.
(e) The interstate commission may convene in a closed, nonpublic meeting if the interstate commission must discuss:
(i) Noncompliance of a party state with its obligations under this compact;
(ii) The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the interstate commission's internal personnel practices and procedures;
(iii) Current, threatened, or reasonably anticipated litigation;
(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;
(v) Accusing any person of a crime or formally censuring any person;
(vi) Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(viii) Disclosure of investigatory records compiled for law enforcement purposes;
(ix) Disclosure of information related to any reports prepared by or on behalf of the interstate commission for the purpose of investigation of compliance with this compact; or
(x) Matters specifically exempted from disclosure by federal or state statute.
(f) If a meeting, or portion of a meeting, is closed pursuant to this provision, the interstate commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The interstate 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 interstate commission or order of a court of competent jurisdiction.
(3) The interstate 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:
(a) Establishing the fiscal year of the interstate commission;
(b) Providing reasonable standards and procedures:
(i) For the establishment and meetings of other committees; and
(ii) Governing any general or specific delegation of any authority or function of the interstate commission;
(c) Providing reasonable procedures for calling and conducting meetings of the interstate 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's interest, the privacy of individuals, and proprietary information, including trade secrets. The interstate 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 interstate commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed;
(d) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the interstate commission;
(e) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate 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 interstate commission; and
(f) Providing a mechanism for winding up the operations of the interstate 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.
(4) The interstate commission may not, through bylaw or rule, determine or alter:
(a) What is required by RCW 18.80.020(3) by a party state for an applicant to obtain or retain a multistate license in the home state;
(b) Requirements to obtain or renew a single-state license;
(c) The scope of nursing practice in a state;
(d) The methods and grounds for disciplining a nurse in a state;
(e) State labor laws; or
(f) The obligation of any employer to comply with statutory requirements.
(5) The interstate commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the interstate commission.
(6) The interstate commission shall maintain its financial records in accordance with the bylaws.
(7) The interstate commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.
(8) The interstate commission shall have the following powers:
(a) 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;
(b) To bring and prosecute legal proceedings or actions in the name of the interstate commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected;
(c) To purchase and maintain insurance and bonds;
(d) To borrow, accept, or contract for services of personnel including, but not limited to, employees of a party state or nonprofit organizations;
(e) 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;
(f) 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 interstate commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
(g) 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 interstate commission shall avoid any appearance of impropriety or conflict of interest;
(h) 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 interstate commission shall avoid any appearance of impropriety;
(i) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed;
(j) To establish a budget and make expenditures;
(k) To borrow money;
(l) 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;
(m) To provide and receive information from, and to cooperate with, law enforcement agencies;
(n) To adopt and use an official seal; and
(o) 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.
(9)(a) The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
(b) The interstate 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 interstate commission, which shall promulgate a rule that is binding upon all party states.
(c) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the party states, except by, and with the authority of, such party state.
(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate 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 interstate commission.
(10)(a) The administrators, officers, executive director, employees, and representatives of the interstate 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 interstate commission employment, duties, or responsibilities; provided that nothing in this subsection 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.
(b) The interstate commission shall defend any administrator, officer, executive director, employee, or representative of the interstate 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 interstate 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 interstate 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's intentional, willful, or wanton misconduct.
(c) The interstate commission shall indemnify and hold harmless any administrator, officer, executive director, employee, or representative of the interstate 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 interstate commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of interstate 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.
[ 2023 c 123 s 8.]

catchline: Interstate commission of nurse licensure compact administrators—Establishment.


title: RCW 18.80.070

text:
(1) The interstate commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.
(2) Rules or amendments to the rules shall be adopted at a regular or special meeting of the interstate commission.
(3) Prior to promulgation and adoption of a final rule or rules by the interstate commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the interstate commission shall file a notice of proposed rule making:
(a) On the website of the interstate commission; and
(b) On the website of each licensing board or the publication in which each state would otherwise publish proposed rules.
(4) The notice of proposed rule making shall include:
(a) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;
(b) The text of the proposed rule or amendment, and the reason for the proposed rule;
(c) A request for comments on the proposed rule from any interested person; and
(d) The manner in which interested persons may submit notice to the interstate commission of their intention to attend the public hearing and any written comments.
(5) Prior to adoption of a proposed rule, the interstate commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
(6) The interstate commission shall grant an opportunity for a public hearing before it adopts a rule or amendment.
(7) The interstate commission shall publish the place, time, and date of the scheduled public hearing.
(a) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. All hearings will be recorded, and a copy will be made available upon request.
(b) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the interstate commission at hearings required by this section.
(8) If no one appears at the public hearing, the interstate commission may proceed with promulgation of the proposed rule.
(9) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the interstate commission shall consider all written and oral comments received.
(10) The interstate commission shall, by majority vote of all administrators, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule.
(11) Upon determination that an emergency exists, the interstate commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rule-making procedures provided in this compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(a) Meet an imminent threat to public health, safety, or welfare;
(b) Prevent a loss of interstate commission or party state funds; or
(c) Meet a deadline for the promulgation of an administrative rule that is required by federal law or rule.
(12) The interstate commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the interstate commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the interstate commission, prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the interstate commission.
[ 2023 c 123 s 9.]

catchline: Rule making.


title: RCW 18.80.080

text:
(1) Each party state shall enforce this compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent.
(2) The interstate commission shall be entitled to receive service of process in any proceeding that may affect the powers, responsibilities, or actions of the interstate commission, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process in such proceeding to the interstate commission shall render a judgment or order void as to the interstate commission, this compact, or promulgated rules.
(a) If the interstate commission determines that a party state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the interstate commission shall:
(i) Provide written notice to the defaulting state and other party states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the interstate commission; and
(ii) Provide remedial training and specific technical assistance regarding the default.
(b) If a state in default fails to cure the default, the defaulting state's membership in this compact may be terminated upon an affirmative vote of a majority of the administrators, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
(c) Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the interstate commission to the governor of the defaulting state and to the executive officer of the defaulting state's licensing board and each of the party states.
(d) A state whose membership in this compact has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
(e) The interstate commission shall not bear any costs related to a state that is found to be in default or whose membership in this compact has been terminated unless agreed upon in writing between the interstate commission and the defaulting state.
(f) The defaulting state may appeal the action of the interstate commission by petitioning the United States district court for the District of Columbia or the federal district in which the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(3)(a) Upon request by a party state, the interstate commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
(b) The interstate commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
(c) In the event the interstate commission cannot resolve disputes among party states arising under this compact:
(i) The party states may submit the issues in dispute to an arbitration panel, which will be comprised of individuals appointed by the compact administrator in each of the affected party states and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute.
(ii) The decision of a majority of the arbitrators shall be final and binding.
(4)(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
(b) By majority vote, the interstate commission may initiate legal action in the United States district court for the District of Columbia or the federal district in which the interstate commission has its principal offices against a party state that is in default to enforce compliance with the provisions of this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(c) The remedies herein shall not be the exclusive remedies of the interstate commission. The interstate commission may pursue any other remedies available under federal or state law.
[ 2023 c 123 s 10.]


title: RCW 18.80.090

text:
(1) This compact shall become effective and binding on the earlier of the date of legislative enactment of this compact into law by no less than twenty-six states or December 31, 2018. All party states to this compact, that also were parties to the prior nurse licensure compact, superseded by this compact, shall be deemed to have withdrawn from the prior compact within six months after the effective date of this compact.
(2) Each party state to this compact shall continue to recognize a nurse's multistate licensure privilege to practice in that party state issued under the prior compact until such party state has withdrawn from the prior compact.
(3) Any party state may withdraw from this compact by enacting a statute repealing the same. A party state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(4) A party state's withdrawal or termination shall not affect the continuing requirement of the withdrawing or terminated state's licensing board to report adverse actions and significant investigations occurring prior to the effective date of such withdrawal or termination.
(5) Nothing contained in this compact shall be construed to invalidate or prevent any nurse licensure agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
(6) This compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
(7) Representatives of nonparty states to this compact shall be invited to participate in the activities of the interstate commission, on a nonvoting basis, prior to the adoption of this compact by all states.
[ 2023 c 123 s 11.]

catchline: Effective date—Withdrawal—Amendment.