Who Drafted That? Model Legislation Impacting Nursing and Regulation

      A recent study found that nearly 10,000 legislative bills filed over the past 8 years across the United States were exact copies or replicas of one another (
      • O’Dell R.
      • Penzenstadler N.
      Copy, paste, legislate: You elected them to write new laws. They’re letting corporations do it instead.
      ). These copies and replicas, known as model legislation, differ in origin, draft style, and purpose. Authors of model legislation often include interest groups, corporations, and coalitions of private or public actors. Authors draft model legislation on a topic of interest and activate an advocacy campaign aiming for wide-reaching enactments. Of the nearly 10,000 bills analyzed by USA Today, The Arizona Republic, and the Center for Public Integrity, more than 2,000 were enacted into law at the state and federal level (
      • O’Dell R.
      • Penzenstadler N.
      Copy, paste, legislate: You elected them to write new laws. They’re letting corporations do it instead.
      ). Model legislation often concerns occupational licensing and other healthcare topics that affect nursing and regulation.
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        • American Legislative Exchange Council
        Archives: Regulatory reform/model policies.
        (Retrieved from) (n.d.-a)
        • American Legislative Exchange Council
        (Retrieved from) (n.d.-b)
        • American Legislative Exchange Council
        Local right to work ordinance.
        (Retrieved from)
        • American Legislative Exchange Council
        Occupational Board Reform Act.
        2016, February (Retrieved from)
        • Bateman-House A.
        “Right to Try” is law, now what?: Part 1 [Web log post].
        (Retrieved from)
        • Buenger M.L.
        • Litwak J.B.
        • Masters R.L.
        • McCabe M.H.
        The evolving law and use of interstate compacts.
        2nd ed). American Bar Association, Chicago, IL2017
        • Curry S.
        • Fox N.
        2018 Occupational Licensing Review.
        (Retrieved from)
        • Foundation for Government Accountability
        Keep Americans Working model bill. Foundation for Government Accountability.
        (Retrieved from)
      1. Giffords Law Center to Prevent Gun Violence. (n.d.). History. Retrieved from

      2. Goldwater Institute. (n.d.). About the Goldwater Institute. Retrieved from

        • Goldwater Institute
        Right to Try model legislation.
        (Retrieved from)
        • Hard work pays off for #insulin4all chapters
        (Retrieved from)
        • Hertel-Fernandez A.
        Who passes business’s “model bills”? Policy capacity and corporate influence in U.S. state politics.
        Perspectives on Politics. 2014; 12: 582-602
        • Kendrick D.
        Death from diabetes sparks change, a new law.
        in: USA Today. 2015, December 24 (Retrieved from)
        • Kroeger M.A.
        Plagiarizing policy: Model legislation in state legislatures.
        (Doctoral dissertation) Princeton University, Princeton, NJ2016, September 8 (Retrieved from)
      3. Legal Information Institute. (n.d.). Tenth Amendment. Retrieved from

        • McMorris B.
        GOP renews push for right to work.
        in: The Washington Free Beacon. 2019, May 8 (Retrieved from)
        • Mukherji A.
        How does the driver license compact affect DUIs?.
        (Retrieved from)
      4. National Council of State Boards of Nursing. (n.d.). Nurse Licensure Compact. Retrieved from

        • National Council of State Boards of Nursing
        NCSBN Model Act.
        (Retrieved from)
        • National Council of State Boards of Nursing
        Nurse Licensure Compact.
        2015, May 4 (Retrieved from)
        • No opioids, please: A growing movement lets patients refuse prescriptions
        Stat News.
        (Retrieved from)
        • Nurse Licensure Compact Administrators
        Nurse Licensure Compact final version.
        (Retrieved from)
        • Occupational licensure facing increased scrutiny from federal government and courts
        (Retrieved from)
        • O’Dell R.
        • Penzenstadler N.
        Copy, paste, legislate: You elected them to write new laws. They’re letting corporations do it instead.
        in: USA Today. 2019, April 4 (Retrieved from)
        • Senate approves Tipton’s Keep Americans Working legislation in Kentucky
        Pioneer News.
        (Retrieved from)
        • Silver-Greenberg J.
        • Cowley S.
        • Kitroeff N.
        When unpaid student loan bills mean you can no longer work.
        in: The New York Times. 2017, November 18 (Retrieved from)
      5. Uniform Law Commission. (n.d.-a). What is a model act? Retrieved from

      6. Uniform Law Commission. (n.d.-b). What is a uniform act? Retrieved from

        • Wagner A.
        License suspension for student loan defaulters.
        (Retrieved from)


      Nicole Livanos, JD, MPP, is Senior Associate, State Advocacy and Legislative Affairs, Nursing Regulation, NCSBN, Chicago, Illinois.

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      • Conflict of Interest Compliance Article 4
        Journal of Nursing Regulation Vol. 12Issue 2
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          As is standard in scholarly publishing, NCSBN’s Journal of Nursing Regulation (JNR) requires its authors to disclose any potential conflicts of interest (COI). Although COI information has always been collected by our staff in order to support editors’ review of the paper, it was not our standard practice to publish COI statements in each article. In this issue, JNR is retrospectively publishing the COI statements, which were collected with the below papers at submission, in order to make potential COI’s transparent to readers, as well as editors.
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