6. The defaulting state may appeal the action of the commission by petitioning the U.S. District Court for the District of Columbia or the federal district in which the commission has its principal offices. The prevailing party shall be awarded all costs of such litigation, including reasonable attorneys' fees.
(c) Dispute resolution. 1. Upon request by a party state, the commission shall attempt to resolve disputes related to the compact that arise among party states and between party and nonparty states.
2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes, as appropriate.
3. In the event the commission cannot resolve disputes among party states arising under this compact, all of the following apply:
a. 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.
b. The decision of a majority of the arbitrators shall be final and binding.
(d) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
2. By majority vote, the commission may initiate legal action in the U.S. District Court for the District of Columbia or the federal district in which the 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.
3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
(10) Article X — Effective date, withdrawal, and amendment. (a) 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 26 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 All party states to this compact, that also were parties to the prior nurse licensure compact, superseded by this compact, (“prior compact”), s. 441.50, 2015 stats., shall be deemed to have withdrawn from said prior compact within 6 months after the effective date of this compact.
(b) 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.
(c) 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 6 months after enactment of the repealing statute.
(d) 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.
(e) 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.
(f) 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.
(g) Representatives of nonparty states to this compact shall be invited to participate in the activities of the commission, on a nonvoting basis, prior to the adoption of this compact by all states.
(11) Article XI - Construction and severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held to be contrary to the constitution of any party state, this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.
135,27
Section
27. 655.001 (9) of the statutes is amended to read:
655.001 (9) “Nurse anesthetist" means a 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 who is certified as a nurse anesthetist by the American association of nurse anesthetists.
135,28
Section
28. 905.04 (1) (f) of the statutes is amended to read:
905.04 (1) (f) “Registered nurse" means a registered nurse who is licensed under s. 441.06 or licensed as a registered 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), or a person reasonably believed by the patient to be a registered nurse.
135,29
Section
29. 990.01 (19g) of the statutes is amended to read:
990.01 (19g) Licensed practical nurse. “Licensed practical nurse" includes a licensed practical/vocational nurse who is licensed 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).
135,30
Section
30. 990.01 (23q) of the statutes is amended to read:
990.01 (23q) Nurse. “
Nurse", “Nurse,” “nurse licensed under ch. 441" 441,” and any reference to an individual who is registered or licensed under ch. 441 include a registered nurse or licensed practical/vocational nurse who is licensed 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).
135,31
Section
31. 990.01 (36m) of the statutes is amended to read:
990.01 (36m) Registered nurse. “Registered nurse" includes a registered nurse who is licensed
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).
135,32
Section
32
.
Nonstatutory provisions.
(1) The board of nursing may promulgate emergency rules under section 227.24 of the statutes necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until May 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the board is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
135,33
Section
33.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) The treatment of sections 49.498 (1) (L), 50.01 (1w) and (5r), 115.001 (11), 118.29 (4), 146.40 (1) (c) and (f), 250.01 (7), 255.06 (1) (d), 440.03 (11m) (c) 1., 440.14 (5) (b), 441.06 (1c) and (4), 441.10 (1c) and (7), 441.115 (2) (a), 441.15 (3) (a) (intro.), subchapter II (title) of chapter 441, 655.001 (9), 905.04 (1) (f), and 990.01 (19g), (23q), and (36m) of the statutes and the amendment of sections 440.03 (13) (b) (intro.) and 440.15 of the statutes take effect on January 19, 2018.
(2) The treatment of section 441.50 of the statutes takes effect on the date that is 6 months after the date of publication.
(3) The treatment of sections 440.03 (13) (b) (intro.) (by Section 14
) and 440.15 (by Section 17
) of the statutes takes effect on December 16, 2019.
