Chapter 441

441.51(5) (5) Article V — Additional authorities invested in party state licensing boards.

441.51(5)(a) (a) In addition to the other powers conferred by state law, a licensing board shall have the authority to do any of the following:

441.51(5)(a)1. 1. Take adverse action against a nurse’s multistate licensure privilege to practice within that party state, subject to all of the following:

441.51(5)(a)1.a. a. Only the home state shall have the power to take adverse action against a nurse’s license issued by the home state.

441.51(5)(a)1.b. b. For purposes of taking adverse action, the home state licensing board shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.

441.51(5)(a)2. 2. Issue cease and desist orders or impose an encumbrance on a nurse’s authority to practice within that party state.

441.51(5)(a)3. 3. Complete any pending investigations of a nurse who changes primary state of residence during the course of such investigations. The licensing board shall also have the authority to take appropriate action and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.

441.51(5)(a)4. 4. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, as well as, the production of evidence. Subpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses or the production of evidence from another party state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.

441.51(5)(a)5. 5. Obtain and submit, for each nurse licensure applicant, fingerprint or other biometric-based information to the federal bureau of investigation for criminal background checks, receive the results of the federal bureau of investigation record search on criminal background checks, and use the results in making licensure decisions.

441.51(5)(a)6. 6. If otherwise permitted by state law, recover from the affected nurse the costs of investigations and disposition of cases resulting from any adverse action taken against that nurse.

441.51(5)(a)7. 7. Take adverse action based on the factual findings of the remote state, provided that the licensing board follows its own procedures for taking such adverse action.

441.51(5)(b) (b) If adverse action is taken by the home state against a nurse’s multistate license, the nurse’s multistate licensure privilege to practice in all other party states shall be deactivated until all encumbrances have been removed from the multistate license. All home state disciplinary orders that impose adverse action against a nurse’s multistate license shall include a statement that the nurse’s multistate licensure privilege is deactivated in all party states during the pendency of the order.

441.51(5)(c) (c) Nothing in this compact shall override a party state’s decision that participation in an alternative program may be used in lieu of adverse action. The home state licensing board shall deactivate the multistate licensure privilege under the multistate license of any nurse for the duration of the nurse’s participation in an alternative program.

441.51(6) (6) Article VI — Coordinated licensure information system and exchange of information.

441.51(6)(a) (a) All party states shall participate in a coordinated licensure information system of all licensed registered nurses and licensed practical/vocational nurses. This system will include information on the licensure and disciplinary history of each nurse, as submitted by party states, to assist in the coordination of nurse licensure and enforcement efforts.

441.51(6)(b) (b) The commission, in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.

441.51(6)(c) (c) All licensing boards shall promptly report to the coordinated licensure information system any adverse action, any current significant investigative information, denials of applications (with the reasons for such denials), and nurse participation in alternative programs known to the licensing board regardless of whether such participation is deemed nonpublic or confidential under state law.

441.51(6)(d) (d) Current significant investigative information and participation in nonpublic or confidential alternative programs shall be transmitted through the coordinated licensure information system only to party state licensing boards.

441.51(6)(e) (e) Notwithstanding any other provision of law, all party state licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.

441.51(6)(f) (f) Any personally identifiable information obtained from the coordinated licensure information system by a party state licensing board shall not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.

441.51(6)(g) (g) Any information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.

441.51(6)(h) (h) The compact administrator of each party state shall furnish a uniform data set to the compact administrator of each other party state, which shall include, at a minimum, all of the following:

441.51(6)(h)1. 1. Identifying information.

441.51(6)(h)2. 2. Licensure data.

441.51(6)(h)3. 3. Information related to alternative program participation.

441.51(6)(h)4. 4. Other information that may facilitate the administration of this compact, as determined by commission rules.

441.51(6)(i) (i) The compact administrator of a party state shall provide all investigative documents and information requested by another party state.

441.51(7) (7) Article VII — Establishment of the interstate commission of nurse licensure compact administrators.

441.51(7)(a) (a)

441.51(7)(a)1. 1. The party states hereby create and establish a joint public entity known as the interstate commission of nurse licensure compact administrators.

441.51(7)(a)2. 2. The commission is an instrumentality of the party states.

441.51(7)(a)3. 3. Venue is proper, and judicial proceedings by or against the commission shall be brought solely and exclusively, in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

441.51(7)(a)4. 4. Nothing in this compact shall be construed to be a waiver of sovereign immunity.

441.51(7)(b) (b) Membership, voting, and meetings:

441.51(7)(b)1. 1. Each party state shall have and be limited to one administrator. The head of the state licensing board or designee shall be the administrator of this compact for each party state. Any administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the party state in which the vacancy exists.

441.51(7)(b)2. 2. Each administrator shall be entitled to one 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 such other means as provided in the bylaws. The bylaws may provide for an administrator’s participation in meetings by telephone or other means of communication.

441.51(7)(b)3. 3. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws or rules of the commission.

441.51(7)(b)4. 4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rule-making provisions in sub. (8).

441.51(7)(b)5. 5. The commission may convene in a closed, nonpublic meeting if the commission must discuss any of the following:

441.51(7)(b)5.a. a. Noncompliance of a party state with its obligations under this compact.

441.51(7)(b)5.b. b. 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.

441.51(7)(b)5.c. c. Current, threatened, or reasonably anticipated litigation.

441.51(7)(b)5.d. d. Negotiation of contracts for the purchase or sale of goods, services, or real estate.

441.51(7)(b)5.e. e. Accusing any person of a crime or formally censuring any person.

441.51(7)(b)5.f. f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential.

441.51(7)(b)5.g. g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

441.51(7)(b)5.h. h. Disclosure of investigatory records compiled for law enforcement purposes.

441.51(7)(b)5.i. i. Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact.

441.51(7)(b)5.j. j. Matters specifically exempted from disclosure by federal or state statute.

441.51(7)(b)6. 6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. 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 therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.

441.51(7)(c) (c) The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to any of the following:

441.51(7)(c)1. 1. Establishing the fiscal year of the commission.

441.51(7)(c)2. 2. Providing reasonable standards and procedures:

441.51(7)(c)2.a. a. For the establishment and meetings of other committees; and

441.51(7)(c)2.b. b. Governing any general or specific delegation of any authority or function of the commission.

441.51(7)(c)3. 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 such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each administrator, with no proxy votes allowed.

441.51(7)(c)4. 4. Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the commission.

441.51(7)(c)5. 5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any party state, the bylaws shall exclusively govern the personnel policies and programs of the commission.

441.51(7)(c)6. 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 its debts and obligations.

441.51(7)(d) (d) The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the website of the commission.

441.51(7)(e) (e) The commission shall maintain its financial records in accordance with the bylaws.

441.51(7)(f) (f) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.

441.51(7)(g) (g) The commission shall have all of the following powers:

441.51(7)(g)1. 1. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all party states.

441.51(7)(g)2. 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.

441.51(7)(g)3. 3. To purchase and maintain insurance and bonds.

441.51(7)(g)4. 4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations.

441.51(7)(g)5. 5. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including but not limited to sharing administrative or staff expenses, office space, or other resources.

441.51(7)(g)6. 6. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals 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 other related personnel matters.

441.51(7)(g)7. 7. To accept any and all appropriate donations, grants and gifts of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety or conflict of interest.

441.51(7)(g)8. 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, whether real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.

441.51(7)(g)9. 9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, whether real, personal, or mixed.

441.51(7)(g)10. 10. To establish a budget and make expenditures.

441.51(7)(g)11. 11. To borrow money.

441.51(7)(g)12. 12. To appoint committees, including advisory committees comprised of administrators, state nursing regulators, state legislators or their representatives, and consumer representatives, and other such interested persons.

441.51(7)(g)13. 13. To provide and receive information from, and to cooperate with, law enforcement agencies.

441.51(7)(g)14. 14. To adopt and use an official seal.

441.51(7)(g)15. 15. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice.

441.51(7)(h) (h) Financing of the commission:

441.51(7)(h)1. 1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

441.51(7)(h)2. 2. The commission may also levy on and collect an annual assessment from each party state to cover the cost of its operations, activities, and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states.

441.51(7)(h)3. 3. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the party states, except by, and with the authority of, such party state.

441.51(7)(h)4. 4. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.

441.51(7)(i) (i) Qualified immunity, defense and indemnification:

441.51(7)(i)1. 1. The administrators, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any 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; provided that nothing in this subdivision shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

441.51(7)(i)2. 2. The commission shall defend any administrator, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any 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; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.

441.51(7)(i)3. 3. The commission shall indemnify and hold harmless any 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 any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

441.51(8) (8) Article VIII — Rule making.

441.51(8)(a) (a) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this subsection and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment and shall have the same force and effect as provisions of this compact.