AB305,11,2522 (k) "Remote state" means a party state, other than the home state, where the
23patient is located at the time nursing care is provided, or, in the case of the practice
24of nursing not involving a patient, in such party state where the recipient of nursing
25practice is located.
AB305,12,1
1(L) "Remote state action" means any of the following:
AB305,12,52 1. Any administrative, civil, equitable or criminal action permitted by a remote
3 state's laws that are imposed on a nurse by the remote state's licensing board or other
4authority including actions against an individual's multistate licensure privilege to
5practice in the remote state.
AB305,12,76 2. Cease and desist and other injunctive or equitable orders issued by remote
7states or the licensing boards thereof.
AB305,12,98 (m) "State" means a state, territory, or possession of the United States, the
9District of Columbia or the Commonwealth of Puerto Rico.
AB305,12,1510 (n) "State practice laws" means those individual party's state laws and
11regulations that govern the practice of nursing, define the scope of nursing practice,
12and create the methods and grounds for imposing discipline. "State practice laws"
13does not include the initial qualifications for licensure or requirements necessary to
14obtain and retain a license, except for qualifications or requirements of the home
15state.
AB305,12,16 16(3) Article III - General Provisions and Jurisdiction.
AB305,12,2517 (a) A license to practice registered nursing issued by a home state to a resident
18in that state will be recognized by each party state as authorizing a multistate
19licensure privilege to practice as a registered nurse in such party state. A license to
20practice licensed practical/vocational nursing issued by a home state to a resident in
21that state will be recognized by each party state as authorizing a multistate licensure
22privilege to practice as a licensed practical/vocational nurse in such party state. In
23order to obtain or retain a license, an applicant must meet the home state's
24qualifications for licensure and license renewal as well as all other applicable state
25laws.
AB305,13,7
1(b) Party states may, in accordance with state due process laws, limit or revoke
2the multistate licensure privilege of any nurse to practice in their state and may take
3any other actions under their applicable state laws necessary to protect the health
4and safety of their citizens. If a party state takes such action, it shall promptly notify
5the administrator of the coordinated licensure information system. The
6administrator of the coordinated licensure information system shall promptly notify
7the home state of any such actions by remote states.
AB305,13,138 (c) Every nurse practicing in a party state must comply with the state practice
9laws of the state in which the patient is located at the time care is rendered. In
10addition, the practice of nursing is not limited to patient care, but shall include all
11nursing practice as defined by the state practice laws of a party state. The practice
12of nursing will subject a nurse to the jurisdiction of the nurse licensing board and the
13courts, as well as the laws, in that party state.
AB305,13,1914 (d) This compact does not affect additional requirements imposed by states for
15advanced practice registered nursing. However, a multistate licensure privilege to
16practice registered nursing granted by a party state shall be recognized by other
17party states as a license to practice registered nursing if one is required by state law
18as a precondition for qualifying for advanced practice registered nurse
19authorization.
AB305,13,2420 (e) Individuals not residing in a party state shall continue to be able to apply
21for nurse licensure as provided for under the laws of each party state. However, the
22license granted to these individuals will not be recognized as granting the privilege
23to practice nursing in any other party state unless explicitly agreed to by that party
24state.
AB305,13,25 25(4) Article IV - Applications for Licensure in a Party State.
AB305,14,5
1(a) Upon application for a license, the licensing board in a party state shall
2ascertain, through the coordinated licensure information system, whether the
3applicant has ever held, or is the holder of, a license issued by any other state,
4whether there are any restrictions on the multistate licensure privilege, and whether
5any other adverse action by any state has been taken against the license.
AB305,14,76 (b) A nurse in a party state shall hold licensure in only one party state at a time,
7issued by the home state.
AB305,14,128 (c) A nurse who intends to change his or her primary state of residence may
9apply for licensure in the new home state in advance of such change. However, new
10licenses will not be issued by a party state until after a nurse provides evidence of
11the change in his or her primary state of residence satisfactory to the new home
12state's licensing board.
AB305,14,1513 (d) 1. When a nurse changes his or her primary state of residence by moving
14between two party states, and obtains a license from the new home state, the license
15from the former home state is no longer valid.
AB305,14,1916 2. When a nurse changes his or her primary state of residence by moving from
17a nonparty state to a party state, and obtains a license from the new home state, the
18individual state license issued by the nonparty state is not affected and will remain
19in full force if so provided by the laws of the nonparty state.
AB305,14,2320 3. When a nurse changes his or her primary state of residence by moving from
21a party state to a nonparty state, the license issued by the prior home state converts
22to an individual state license, valid only in the former home state, without the
23multistate licensure privilege to practice in other party states.
AB305,14,25 24(5) Article V - Adverse Actions. In addition to the general provisions
25described in sub. (3), the following provisions apply:
AB305,15,7
1(a) The licensing board of a remote state shall promptly report to the
2administrator of the coordinated licensure information system any remote state
3actions including the factual and legal basis for such action, if known. The licensing
4board of a remote state shall also promptly report any significant current
5investigative information yet to result in a remote state action. The administrator
6of the coordinated licensure information system shall promptly notify the home
7 state of any such reports.
AB305,15,148 (b) The licensing board of a party state shall have the authority to complete any
9pending investigations for a nurse who changes his or her primary state of residence
10during the course of such investigations. It shall also have the authority to take
11appropriate actions, and shall promptly report the conclusions of such investigations
12to the administrator of the coordinated licensure information system. The
13administrator of the coordinated licensure information system shall promptly notify
14the new home state of any such actions.
AB305,15,1715 (c) A remote state may take adverse action affecting the multistate licensure
16privilege to practice within that party state. However, only the home state shall have
17the power to impose adverse action against the license issued by the home state.
AB305,15,2118 (d) For purposes of imposing adverse action, the licensing board of the home
19state shall give the same priority and effect to reported conduct received from a
20remote state as it would if such conduct had occurred within the home state. In so
21doing, it shall apply its own state laws to determine appropriate action.
AB305,15,2422 (e) The home state may take adverse action based on the factual findings of the
23remote state, so long as each state follows its own procedures for imposing such
24adverse action.
AB305,16,6
1(f) Nothing in this compact shall override a party state's decision that
2participation in an alternative program may be used in lieu of licensure action and
3that such participation shall remain nonpublic if required by the party state's laws.
4Party states must require nurses who enter any alternative programs to agree not
5to practice in any other party state during the term of the alternative program
6without prior authorization from such other party state.
AB305,16,9 7(6) Article VI - Additional Authorities Invested in Party State Nurse
8Licensing Boards.
Notwithstanding any other powers, party state nurse licensing
9boards shall have the authority to do any of the following:
AB305,16,1210 (a) If otherwise permitted by state law, recover from the affected nurse the costs
11of investigations and disposition of cases resulting from any adverse action taken
12against that nurse.
AB305,16,2113 (b) Issue subpoenas for both hearings and investigations that require the
14attendance and testimony of witnesses, and the production of evidence. Subpoenas
15issued by a nurse licensing board in a party state for the attendance and testimony
16of witnesses, or the production of evidence from another party state, or both, shall
17be enforced in the latter state by any court of competent jurisdiction, according to the
18practice and procedure of that court applicable to subpoenas issued in proceedings
19pending before it. The issuing authority shall pay any witness fees, travel expenses,
20mileage and other fees required by the service statutes of the state where the
21witnesses or evidence, or both, are located.
AB305,16,2322 (c) Issue cease and desist orders to limit or revoke a nurse's authority to practice
23in their state.
AB305,16,2424 (d) Promulgate uniform rules and regulations as provided for in sub. (8) (c).
AB305,16,25 25(7) Article VII - Coordinated Licensure Information System.
AB305,17,5
1(a) All party states shall participate in a cooperative effort to create a
2coordinated data base of all licensed registered nurses and licensed
3practical/vocational nurses. This system will include information on the licensure
4and disciplinary history of each nurse, as contributed by party states, to assist in the
5coordination of nurse licensure and enforcement efforts.
AB305,17,106 (b) Notwithstanding any other provision of law, all party states' licensing
7boards shall promptly report adverse actions, actions against multistate licensure
8privileges, any current significant investigative information yet to result in adverse
9action, denials of applications, and the reasons for such denials, to the coordinated
10licensure information system.
AB305,17,1211 (c) Current significant investigative information shall be transmitted through
12the coordinated licensure information system only to party state licensing boards.
AB305,17,1713 (d) Notwithstanding any other provision of law, all party states' licensing
14boards contributing information to the coordinated licensure information system
15may designate information that may not be shared with nonparty states or disclosed
16to other entities or individuals without the express permission of the contributing
17state.
AB305,17,2118 (e) Any personally identifiable information obtained by a party states' licensing
19board from the coordinated licensure information system may not be shared with
20nonparty states or disclosed to other entities or individuals except to the extent
21permitted by the laws of the party state contributing the information.
AB305,17,2522 (f) Any information contributed to the coordinated licensure information
23system that is subsequently required to be expunged by the laws of the party state
24contributing that information, shall also be expunged from the coordinated licensure
25information system.
AB305,18,4
1(e) The compact administrators, acting jointly with each other and in
2consultation with the administrator of the coordinated licensure information
3system, shall formulate necessary and proper procedures for the identification,
4collection and exchange of information under this compact.
AB305,18,5 5(8) Article VIII - Compact Administration and Interchange of Information.
AB305,18,76 (a) The secretary of the department, or his or her designee, shall be the
7administrator of this compact for this state.
AB305,18,128 (b) The compact administrator of each party state shall furnish to the compact
9administrator of each other party state any information and documents including,
10but not limited to, a uniform data set of investigations, identifying information,
11licensure data and disclosable alternative program participation information to
12facilitate the administration of this compact.
AB305,18,1513 (c) Compact administrators shall have the authority to develop uniform rules
14to facilitate and coordinate implementation of this compact. These uniform rules
15shall be adopted by party states, under the authority invested under sub. (6) (d).
AB305,18,20 16(9) Article IX - Immunity. No party state or the officers or employes or agents
17of a party state's nurse licensing board who acts in accordance with the provisions
18of this compact shall be liable on account of any act or omission in good faith while
19engaged in the performance of their duties under this compact. Good faith in this
20article shall not include wilful misconduct, gross negligence or recklessness.
AB305,18,21 21(10) Article X - Entry into Force, Withdrawal and Amendment.
AB305,19,222 (a) This compact shall enter into force and become effective as to any state when
23it has been enacted into the laws of that state. Any party state may withdraw from
24this compact by enacting a statute repealing the same, but no such withdrawal shall

1take effect until 6 months after the withdrawing state has given notice of the
2withdrawal to the executive heads of all other party states.
AB305,19,53 (b) No withdrawal shall affect the validity or applicability by the licensing
4boards of states remaining party to the compact of any report of adverse action
5occurring prior to the withdrawal.
AB305,19,96 (c) Nothing contained in this compact shall be construed to invalidate or
7prevent any nurse licensure agreement or other cooperative arrangement between
8a party state and a nonparty state that is made in accordance with the other
9provisions of this compact.
AB305,19,1210 (d) This compact may be amended by the party states. No amendment to this
11compact shall become effective and binding upon the party states unless and until
12it is enacted into the laws of all party states.
AB305,19,13 13(11) Article XI - Construction and Severability.
AB305,19,2314 (a) This compact shall be liberally construed so as to effectuate the purposes
15thereof. The provisions of this compact shall be severable and if any phrase, clause,
16sentence or provision of this compact is declared to be contrary to the constitution of
17any party state or of the United States or the applicability thereof to any government,
18agency, person or circumstance is held invalid, the validity of the remainder of this
19compact and the applicability thereof to any government, agency, person or
20circumstance shall not be affected thereby. If this compact shall be held contrary to
21the constitution of any state party thereto, the compact shall remain in full force and
22effect as to the remaining party states and in full force and effect as to the party state
23affected as to all severable matters.
AB305,20,524 (b) In the event party states find a need for settling disputes arising under this
25compact, the party states may submit the issues in dispute to an arbitration panel

1that will be comprised of an individual appointed by the compact administrator in
2the home state, an individual appointed by the compact administrator in the remote
3state or states involved and an individual mutually agreed upon by the compact
4administrators of all the party states involved in the dispute. The decision of a
5majority of the arbitrators shall be final and binding.
AB305, s. 18 6Section 18. Effective dates. This act takes effect on the day after publication,
7except as follows:
AB305,20,98 (1) The repeal and recreation of section 441.11 (3) and (4) of the statutes takes
9effect on April 1, 2000, or the day after publication, whichever is later.
AB305,20,1010 (End)
Loading...
Loading...