Ind. Code ch. 25-42-7

Ind. Code ch. 25-42-7
in effect

Ind. Code § 25-42-7-1 Interstate commission of nurse licensure compact administrators created; venue and judicial proceedings

Sec. 1. (a) The party states create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators. (b) The commission is an instrumentality of the party states. (c) Venue is proper, and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. (d) The commission may waive venue and jurisdictional defenses to the extent the commission adopts or consents to participate in alternative dispute resolution proceedings. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-2 Sovereign immunity not waived

Sec. 2. This compact does not waive sovereign immunity. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-3 Administrator from each state; vacancy; vote

Sec. 3. (a) Each party state has and is limited to one (1) administrator. The head of the state licensing board of each party state, or designee, is the administrator of this compact for each party state. An administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. (b) A vacancy occurring in the commission must be filled in accordance with the laws of the party state in which the vacancy exists. (c) Each administrator is entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. An administrator shall vote in person or by other means provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-4 Yearly meetings

Sec. 4. The commission shall meet at least one (1) time during each calendar year. Additional meetings must be held as set forth in the bylaws or rules of the commission. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-5 Public meetings

Sec. 5. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rulemaking provisions in IC 25-42-8. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-6 Nonpublic meetings

Sec. 6. The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following: (1) Noncompliance of a party state with the party state's obligations under this compact. (2) The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures. (3) Current, threatened, or reasonably anticipated litigation. (4) Negotiation of contracts for the purchase or sale of goods, services, or real estate. (5) Accusing a person of a crime or formally censuring a person. (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential. (7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy. (8) Disclosure of investigatory records compiled for law enforcement purposes. (9) Disclosure of information related to reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact. (10) Matters specifically exempted from disclosure by federal or state statute. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-7 Certified closed meeting; minutes

Sec. 7. (a) If a meeting or part of a meeting is closed under section 6 of this chapter, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. (b) The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed. (c) All documents considered in connection with an action must be identified in the minutes of the meeting. (d) All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-8 Bylaws and rules

Sec. 8. (a) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern the commission's conduct to carry out the purposes and exercise the powers of this compact, including the following: (1) Establishing the fiscal year of the commission. (2) Providing reasonable standards and procedures: (A) for the establishment and meetings of other committees; and (B) governing general or specific delegation of any authority or function of the commission. (3) Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of the meetings by interested parties, including the following: (A) Enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. (B) A provision: (i) allowing the commission to meet in closed session only after a majority of the administrators vote with no proxy voting to close a meeting in whole or in part; and (ii) if the commission meets in closed session as described in item (i), requiring the commission to, as soon as practicable, make public a copy of the vote to close the meeting and revealing the vote of each administrator. (4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission. (5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. (6) Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of the commission's debts and obligations. (b) Notwithstanding any civil service or other similar laws of any party state, the bylaws prescribed under this section exclusively govern the personnel policies and programs of the commission. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-9 Commission duties

Sec. 9. The commission shall do all of the following: (1) Publish the commission's bylaws and rules and any amendments to the bylaws and rules in a convenient form on the Internet web site of the commission. (2) Maintain the commission's financial records in accordance with the bylaws. (3) Meet and take actions consistent with the provisions of this compact and the bylaws. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-10 Commission powers

Sec. 10. The commission has the following powers: (1) To promulgate uniform rules: (A) having the force and effect of law; and (B) binding in all party states; to facilitate and coordinate implementation and administration of this compact. (2) To bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any licensing board to sue or be sued under applicable law shall not be affected. (3) To purchase and maintain insurance and bonds. (4) To borrow, accept, or contract for services of personnel, including employees of a party state or nonprofit organizations. (5) To cooperate with other organizations that administer state compacts related to the regulation of nursing, including sharing administrative or staff expenses, office space, or other resources. (6) To hire employees, elect or appoint officers, fix compensation, define duties, grant the employees and officers appropriate authority to carry out the purposes of this compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and related personnel matters. (7) To accept, receive, use, and dispose of appropriate donations, grants, and gifts of money, equipment, supplies, materials, and services while avoiding any appearance of impropriety or conflict of interest. (8) To lease, purchase, and accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any real, personal, or mixed property while avoiding any appearance of impropriety. (9) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of real, personal, or mixed property. (10) To establish a budget and make expenditures. (11) To borrow money. (12) To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, consumer representatives, and other interested persons. (13) To provide and receive information from, and to cooperate with, law enforcement agencies. (14) To adopt and use an official seal. (15) To perform other necessary or appropriate functions to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-11 Payment of expenses; annual assessment; annual audit

Sec. 11. (a) The commission shall pay, or provide for the payment of, the reasonable expenses of the commission's establishment, organization, and ongoing activities. (b) The commission may also levy on and collect an annual assessment from each party state to cover the cost of the commission's operations, activities, and staff in the commission's annual budget as approved each year. The aggregate annual assessment amount, if any, must be allocated based on a formula determined by the commission by promulgation of a rule that is binding on all party states. (c) The commission shall not: (1) incur an obligation of any kind before securing funds adequate to meet the obligation; or (2) pledge the credit of any party state, except by and with the authority of, the party state. (d) The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under the commission's bylaws. However, all receipts and disbursements of funds handled by the commission must be audited annually by a certified or licensed public accountant, and the report of the audit must be included in and be part of the annual report of the commission. As added by P.L.135-2019, SEC.5.

Ind. Code § 25-42-7-12 Immunity; exception; duty to defend; indemnity

Sec. 12. (a) The administrators, officers, executive director, employees, and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property, personal injury, or another civil liability caused by or arising out of an actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (b) Subsection (a) does not protect an administrator, officer, executive director, employee, or representative of the commission from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person. (c) The commission shall defend an administrator, officer, executive director, employee, or representative of the commission in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (d) Subsection (c) does not do the following: (1) Prohibit the administrator, officer, executive director, employee, or representative of the commission from retaining that person's own counsel. (2) Require the commission to defend the administrator, officer, executive director, employee, or representative of the commission if the actual or alleged act, error, or omission resulted from that person's intentional, willful, or wanton misconduct. (e) The commission shall indemnify and hold harmless an administrator, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of an actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. (f) Subsection (e) does not require the commission to indemnify or hold harmless an administrator, officer, executive director, employee, or representative of the commission if, the actual or alleged act, error, or omission resulted from the intentional, willful, or wanton misconduct of that person. As added by P.L.135-2019, SEC.5.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/25Fetched: 10/17/2026

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