SB417: Bill Text

LRB-4223/1

MED:emw

2017 - 2018 LEGISLATURE

2017 Senate BILL 417

September 21, 2017 - Introduced by Senators Marklein, Cowles, Olsen, Bewley, Carpenter, Darling, Erpenbach, Feyen, Hansen, Harsdorf, Johnson, LeMahieu, Moulton, Nass, Petrowski, Ringhand, Roth, Shilling, Testin, Tiffany, Vinehout, Wanggaard and Wirch, cosponsored by Representatives VanderMeer, Tranel, Ripp, Allen, Anderson, Ballweg, Berceau, Bernier, Billings, Born, E. Brooks, R. Brooks, Crowley, Doyle, Duchow, Edming, Felzkowski, Gannon, Genrich, Hutton, Jacque, Jagler, Katsma, Kerkman, Kitchens, Kleefisch, Kooyenga, Kremer, Krug, Kuglitsch, Kulp, Loudenbeck, Macco, Mason, Meyers, Milroy, Murphy, Mursau, Nerison, Neylon, Novak, Nygren, Ott, Petersen, Petryk, Pronschinske, Quinn, Riemer, Rodriguez, Rohrkaste, Sargent, Skowronski, Snyder, Spiros, Spreitzer, Stafsholt, Steffen, Steineke, Stuck, Summerfield, Swearingen, Tauchen, Thiesfeldt, Tittl, Tusler, Vorpagel, Wichgers, Zimmerman and Wachs. Referred to Committee on Health and Human Services.

SB417,1,10 An Act to repeal 441.50; to amend 49.498 (1) (L), 50.01 (1w), 50.01 (5r), 115.001 (11), 118.29 (4), 146.40 (1) (c), 146.40 (1) (f), 250.01 (7), 255.06 (1) (d), 440.03 (11m) (c) 1., 440.03 (13) (b) (intro.), 440.14 (5) (b), 440.15, 441.06 (4), 441.10 (7), 441.115 (2) (a), 441.15 (3) (a) (intro.), subchapter II (title) of chapter 441 [precedes 441.50], 655.001 (9), 905.04 (1) (f), 990.01 (19g), 990.01 (23q) and 990.01 (36m); to repeal and recreate 440.03 (13) (b) (intro.) and 440.15; and to create 14.87, 111.335 (1) (e), 441.06 (1c), 441.10 (1c) and 441.51 of the statutes; relating to: ratification of the Enhanced Nurse Licensure Compact, extending the time limit for emergency rule procedures, and providing an exemption from emergency rule procedures.

Analysis by the Legislative Reference Bureau

This bill ratifies and enters Wisconsin into the Enhanced Nurse Licensure Compact (enhanced compact). The enhanced compact replaces the original Nurse Licensure Compact (original compact), which was ratified in Wisconsin in 1999. Under both versions of the compact, a nurse, whether a registered nurse or a licensed practical nurse, who is licensed in a state that has adopted the compact (party state) may practice in any other party state without needing to separately obtain a license in that other party state. Significant provisions of the enhanced compact, as compared to the original compact, include all of the following:

1. Under the enhanced compact, party states grant multistate nursing licenses, with the compact setting out minimum qualifications that an applicant must satisfy in order to be granted a multistate license, including that an applicant submit to a background investigation. Under the enhanced compact, a multistate license is recognized by each party state as authorizing a nurse to practice, under a multistate licensure privilege, in that party state. The enhanced compact also provides that party states may grant single-state licenses, which authorize practice only within the issuing state. The enhanced compact does not affect the requirements established by a party state for the issuance of a single-state license.

Under the original compact, a license issued by a home state to a resident in that state is simply recognized by each other party state as authorizing a multistate licensure privilege to practice in that party state, with the qualifications for obtaining a license to be determined under each party state's laws.

2. The enhanced compact establishes an Interstate Commission of Nurse Licensure Compact Administrators (commission), which consists of the heads of each party state's board that licenses nurses, or their designees. The commission has various powers and duties granted in the compact, including overseeing the administration of the compact, enforcing the compact, adopting bylaws, promulgating binding rules for the compact, and employing an executive director and employees. Under the original compact, the compact is administered by compact administrators, with the administrator for this state designated as the secretary of safety and professional services or his or her designee.

3. The enhanced compact includes various provisions regarding resolutions of disputes between the commission and party states and between party and nonparty states. The enhanced compact requires the commission to attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states, after which such disputes would be handed through arbitration. Under the original compact, disputes are simply to be handled through arbitration.

4. The enhanced compact includes a process for termination of a party state from the compact that has defaulted in the performance of its obligations under the compact. No such provisions are included in the original compact.

Pursuant to the terms of the enhanced compact, the enhanced compact became effective in party states that have already enacted it on July 20, 2017, which was the date the enhanced compact was signed into law by a 26th state. The enhanced compact may be further amended upon enactment of an amendment by all member states.

The enhanced compact provides that all party states to the enhanced compact that also were parties to the original compact are deemed to have withdrawn from the original compact within six months after the effective date of the enhanced compact.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB417,1 Section 1. 14.87 of the statutes is created to read:

SB417,3,6 14.87 Enhanced nurse licensure compact. There is created an interstate commission of nurse licensure compact administrators as specified in s. 441.51. The administrator of the commission representing this state shall be the chairperson of the board of nursing or his or her designee as provided in s. 441.51 (7) (b) 1. The commission has the powers and duties granted and imposed under s. 441.51.

SB417,2 Section 2. 49.498 (1) (L) of the statutes is amended to read:

SB417,3,10 49.498 (1) (L) “Registered professional nurse" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).

SB417,3 Section 3. 50.01 (1w) of the statutes is amended to read:

SB417,3,15 50.01 (1w) “Licensed practical nurse" means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who is licensed as a licensed practical/vocational nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).

SB417,4 Section 4. 50.01 (5r) of the statutes is amended to read:

SB417,3,20 50.01 (5r) “Registered nurse" means a registered nurse who is licensed under s. 441.06 or permitted under s. 441.08 or who is licensed as a registered nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).

SB417,5 Section 5. 111.335 (1) (e) of the statutes is created to read:

SB417,4,3 111.335 (1) (e) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the board of nursing to refuse to license an individual in accordance with s. 441.51 (3) (c) 7. and 8.

SB417,6 Section 6. 115.001 (11) of the statutes is amended to read:

SB417,4,10 115.001 (11) School nurse. “School nurse" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k), who submits evidence satisfactory to the department that he or she has successfully completed a course, determined to be satisfactory to the department, in public health or community health.

SB417,7 Section 7. 118.29 (4) of the statutes is amended to read:

SB417,5,2 118.29 (4) Written policies. Any school board, county children with disabilities education board, cooperative educational service agency or governing body of a private school whose employees or volunteers may be authorized to administer nonprescription drug products or prescription drugs to pupils under this section shall adopt a written policy governing the administration of nonprescription drug products and prescription drugs to pupils. In developing the policy, the school board, board, agency or governing body shall seek the assistance of one or more school nurses who are employees of the school board, board, agency or governing body or are providing services or consultation under s. 121.02 (1) (g). The policy shall include procedures for obtaining and filing in the school or other appropriate facility the written instructions and consent required under sub. (2) (a), for the periodic review of such written instructions by a registered nurse who is licensed under s. 441.06 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k), for the storing of nonprescription drug products and prescription drugs, and for record keeping, including documenting the administration of each dose, including errors.

SB417,8 Section 8. 146.40 (1) (c) of the statutes is amended to read:

SB417,5,7 146.40 (1) (c) “Licensed practical nurse" means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or is licensed as a licensed practical/vocational nurse who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).

SB417,9 Section 9. 146.40 (1) (f) of the statutes is amended to read:

SB417,5,12 146.40 (1) (f) “Registered nurse" means a registered nurse who has a certificate of registration license under s. 441.06 or a temporary permit under s. 441.08 or who is licensed as a registered nurse holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j) (k).

SB417,10 Section 10. 250.01 (7) of the statutes is amended to read:

SB417,5,17 250.01 (7) “Registered nurse" means a registered nurse who is licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), or permitted under s. 441.08 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.51 (2) (k).

SB417,11 Section 11. 255.06 (1) (d) of the statutes is amended to read:

SB417,5,23 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party state, as defined in s. 441.50 441.51 (2) (j), (k), and whose practice of professional nursing under s. 441.001 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.

SB417,12 Section 12. 440.03 (11m) (c) 1. of the statutes is amended to read:

SB417,6,2 440.03 (11m) (c) 1. The coordinated licensure information system under s. 441.50 (7) 441.51 (6).

SB417,13 Section 13. 440.03 (13) (b) (intro.) of the statutes is amended to read:

SB417,6,9 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. ss. 441.51 (5) (a) 5. and 448.980 (5) (b) 3.:

SB417,14 Section 14 . 440.03 (13) (b) (intro.) of the statutes, as affected by 2015 Wisconsin Act 116, section 5m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:

SB417,6,18 440.03 (13) (b) (intro.) The department may investigate whether an applicant for or holder of any of the following credentials has been charged with or convicted of a crime only pursuant to rules promulgated by the department under this paragraph, including rules that establish the criteria that the department will use to determine whether an investigation under this paragraph is necessary, except as provided in par. (c) and s. 441.51 (5) (a) 5.:

SB417,15 Section 15. 440.14 (5) (b) of the statutes is amended to read:

SB417,7,3 440.14 (5) (b) Paragraph (a) does not apply to a list that the department or a credentialing board furnishes to another state agency, a law enforcement agency or a federal governmental agency. In addition, par. (a) does not apply to a list that the department or the board of nursing furnishes to the coordinated licensure information system under s. 441.50 (7) 441.51 (6). A state agency that receives a list from the department or a credentialing board containing a personal identifier of any individual who has made a declaration under sub. (2), (3) or (4) may not disclose the personal identifier to any person other than a state agency, a law enforcement agency or a federal governmental agency.

SB417,16 Section 16. 440.15 of the statutes is amended to read:

SB417,7,9 440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c), 441.51 (5) (a) 5., and 448.980 (5) (b) 3., the department or a credentialing board may not require that an applicant for a credential or a credential holder be fingerprinted or submit fingerprints in connection with the department's or the credentialing board's credentialing.