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LRB-3932/1
MED:emw
2017 - 2018 LEGISLATURE
September 20, 2017 - Introduced 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, Wachs, Wichgers, Zimmerman, Shankland, Kolste and
Brostoff, cosponsored 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. Referred to Committee on Health.
AB500,1,10 1An Act to repeal 441.50; to amend 49.498 (1) (L), 50.01 (1w), 50.01 (5r), 115.001
2(11), 118.29 (4), 146.40 (1) (c), 146.40 (1) (f), 250.01 (7), 255.06 (1) (d), 440.03
3(11m) (c) 1., 440.03 (13) (b) (intro.), 440.14 (5) (b), 440.15, 441.06 (4), 441.10 (7),
4441.115 (2) (a), 441.15 (3) (a) (intro.), subchapter II (title) of chapter 441
5[precedes 441.50], 655.001 (9), 905.04 (1) (f), 990.01 (19g), 990.01 (23q) and
6990.01 (36m); to repeal and recreate 440.03 (13) (b) (intro.) and 440.15; and
7to create 14.87, 111.335 (1) (e), 441.06 (1c), 441.10 (1c) and 441.51 of the
8statutes; relating to: ratification of the Enhanced Nurse Licensure Compact,
9extending the time limit for emergency rule procedures, and providing an
10exemption 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:
AB500,1 1Section 1. 14.87 of the statutes is created to read:
AB500,3,6 214.87 Enhanced nurse licensure compact. There is created an interstate
3commission of nurse licensure compact administrators as specified in s. 441.51. The
4administrator of the commission representing this state shall be the chairperson of
5the board of nursing or his or her designee as provided in s. 441.51 (7) (b) 1. The
6commission has the powers and duties granted and imposed under s. 441.51.
AB500,2 7Section 2. 49.498 (1) (L) of the statutes is amended to read:
AB500,3,108 49.498 (1) (L) “Registered professional nurse" means a registered nurse who
9is licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2)
10(h), issued
in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
AB500,3 11Section 3. 50.01 (1w) of the statutes is amended to read:
AB500,3,1512 50.01 (1w) “Licensed practical nurse" means a licensed practical nurse who is
13licensed or has a temporary permit under s. 441.10 or who is licensed as a licensed
14practical/vocational nurse
holds a multistate license, as defined in s. 441.51 (2) (h),
15issued
in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
AB500,4 16Section 4. 50.01 (5r) of the statutes is amended to read:
AB500,3,2017 50.01 (5r) “Registered nurse" means a registered nurse who is licensed under
18s. 441.06 or permitted under s. 441.08 or who is licensed as a registered nurse holds
19a multistate license, as defined in s. 441.51 (2) (h), issued
in a party state, as defined
20in s. 441.50 441.51 (2) (j) (k).
AB500,5 21Section 5. 111.335 (1) (e) of the statutes is created to read:
AB500,4,3
1111.335 (1) (e) Notwithstanding s. 111.322, it is not employment discrimination
2because of conviction record for the board of nursing to refuse to license an individual
3in accordance with s. 441.51 (3) (c) 7. and 8.
AB500,6 4Section 6. 115.001 (11) of the statutes is amended to read:
AB500,4,105 115.001 (11) School nurse. “School nurse" means a registered nurse who is
6licensed under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2)
7(h), issued
in a party state, as defined in s. 441.50 441.51 (2) (j) (k), who submits
8evidence satisfactory to the department that he or she has successfully completed a
9course, determined to be satisfactory to the department, in public health or
10community health.
AB500,7 11Section 7. 118.29 (4) of the statutes is amended to read:
AB500,5,212 118.29 (4) Written policies. Any school board, county children with
13disabilities education board, cooperative educational service agency or governing
14body of a private school whose employees or volunteers may be authorized to
15administer nonprescription drug products or prescription drugs to pupils under this
16section shall adopt a written policy governing the administration of nonprescription
17drug products and prescription drugs to pupils. In developing the policy, the school
18board, board, agency or governing body shall seek the assistance of one or more
19school nurses who are employees of the school board, board, agency or governing body
20or are providing services or consultation under s. 121.02 (1) (g). The policy shall
21include procedures for obtaining and filing in the school or other appropriate facility
22the written instructions and consent required under sub. (2) (a), for the periodic
23review of such written instructions by a registered nurse who is licensed under s.
24441.06 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a
25party state, as defined in s. 441.50 441.51 (2) (j) (k), for the storing of nonprescription

1drug products and prescription drugs, and for record keeping, including
2documenting the administration of each dose, including errors.
AB500,8 3Section 8. 146.40 (1) (c) of the statutes is amended to read:
AB500,5,74 146.40 (1) (c) “Licensed practical nurse" means a licensed practical nurse who
5is licensed or has a temporary permit under s. 441.10 or is licensed as a licensed
6practical/vocational nurse
who holds a multistate license, as defined in s. 441.51 (2)
7(h), issued
in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
AB500,9 8Section 9. 146.40 (1) (f) of the statutes is amended to read:
AB500,5,129 146.40 (1) (f) “Registered nurse" means a registered nurse who has a certificate
10of registration
license under s. 441.06 or a temporary permit under s. 441.08 or who
11is licensed as a registered nurse holds a multistate license, as defined in s. 441.51 (2)
12(h), issued
in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
AB500,10 13Section 10. 250.01 (7) of the statutes is amended to read:
AB500,5,1714 250.01 (7) “Registered nurse" means a registered nurse who is licensed under
15s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), or permitted under s. 441.08
16or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party
17state, as defined in s. 441.51 (2) (k)
.
AB500,11 18Section 11. 255.06 (1) (d) of the statutes is amended to read:
AB500,5,2319 255.06 (1) (d) “Nurse practitioner" means a registered nurse who is licensed
20under ch. 441 or who holds a multistate license, as defined in s. 441.51 (2) (h), issued
21in a party state, as defined in s. 441.50 441.51 (2) (j), (k), and whose practice of
22professional nursing under s. 441.001 (4) includes performance of delegated medical
23services under the supervision of a physician, dentist, or podiatrist.
AB500,12 24Section 12. 440.03 (11m) (c) 1. of the statutes is amended to read:
AB500,6,2
1440.03 (11m) (c) 1. The coordinated licensure information system under s.
2441.50 (7) 441.51 (6).
AB500,13 3Section 13. 440.03 (13) (b) (intro.) of the statutes is amended to read:
AB500,6,94 440.03 (13) (b) (intro.) The department may investigate whether an applicant
5for or holder of any of the following credentials has been charged with or convicted
6of a crime only pursuant to rules promulgated by the department under this
7paragraph, including rules that establish the criteria that the department will use
8to determine whether an investigation under this paragraph is necessary, except as
9provided in par. (c) and s. ss. 441.51 (5) (a) 5. and 448.980 (5) (b) 3.:
AB500,14 10Section 14 . 440.03 (13) (b) (intro.) of the statutes, as affected by 2015
11Wisconsin Act 116
, section 5m, and 2017 Wisconsin Act .... (this act), is repealed and
12recreated to read:
AB500,6,1813 440.03 (13) (b) (intro.) The department may investigate whether an applicant
14for or holder of any of the following credentials has been charged with or convicted
15of a crime only pursuant to rules promulgated by the department under this
16paragraph, including rules that establish the criteria that the department will use
17to determine whether an investigation under this paragraph is necessary, except as
18provided in par. (c) and s. 441.51 (5) (a) 5.:
AB500,15 19Section 15. 440.14 (5) (b) of the statutes is amended to read:
AB500,7,320 440.14 (5) (b) Paragraph (a) does not apply to a list that the department or a
21credentialing board furnishes to another state agency, a law enforcement agency or
22a federal governmental agency. In addition, par. (a) does not apply to a list that the
23department or the board of nursing furnishes to the coordinated licensure
24information system under s. 441.50 (7) 441.51 (6). A state agency that receives a list
25from the department or a credentialing board containing a personal identifier of any

1individual who has made a declaration under sub. (2), (3) or (4) may not disclose the
2personal identifier to any person other than a state agency, a law enforcement agency
3or a federal governmental agency.
AB500,16 4Section 16. 440.15 of the statutes is amended to read:
AB500,7,9 5440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c),
6441.51 (5) (a) 5.,
and 448.980 (5) (b) 3., the department or a credentialing board may
7not require that an applicant for a credential or a credential holder be fingerprinted
8or submit fingerprints in connection with the department's or the credentialing
9board's credentialing.
AB500,17 10Section 17 . 440.15 of the statutes, as affected by 2015 Wisconsin Act 116,
11section 12m, and 2017 Wisconsin Act .... (this act), is repealed and recreated to read:
AB500,7,16 12440.15 No fingerprinting. Except as provided under ss. 440.03 (13) (c) and
13441.51 (5) (a) 5., the department or a credentialing board may not require that an
14applicant for a credential or a credential holder be fingerprinted or submit
15fingerprints in connection with the department's or the credentialing board's
16credentialing.
AB500,18 17Section 18. 441.06 (1c) of the statutes is created to read:
AB500,7,2318 441.06 (1c) The board shall grant a multistate license, as defined in s. 441.51
19(2) (h), to an applicant for a multistate registered nurse license under s. 441.51.
20Subject to s. 441.07 (1g), the requirements under sub. (1) shall apply to such an
21applicant, except that the requirements under s. 441.51 (3) (c) for granting a
22multistate license shall supersede the requirements under sub. (1) to the extent of
23any conflict.
AB500,19 24Section 19. 441.06 (4) of the statutes is amended to read:
AB500,8,10
1441.06 (4) Except as provided in s. 257.03, no person may practice or attempt
2to practice professional nursing, nor use the title, letters, or anything else to indicate
3that he or she is a registered or professional nurse unless he or she is licensed under
4this section. Except as provided in s. 257.03, no person not so licensed may use in
5connection with his or her nursing employment or vocation any title or anything else
6to indicate that he or she is a trained, certified or graduate nurse. This subsection
7does not apply to any person registered nurse who is licensed to practice nursing
8holds a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction,
9other than this state, that has adopted the enhanced nurse licensure compact under
10s. 441.50 441.51.
AB500,20 11Section 20. 441.10 (1c) of the statutes is created to read:
AB500,8,1712 441.10 (1c) The board shall grant a multistate license, as defined in s. 441.51
13(2) (h), to an applicant for a multistate licensed practical nurse license under s.
14441.51. Subject to s. 441.07 (1g), the requirements under sub. (1) shall apply to such
15an applicant, except that the requirements under s. 441.51 (3) (c) for granting a
16multistate license shall supersede the requirements under sub. (1) to the extent of
17any conflict.
AB500,21 18Section 21. 441.10 (7) of the statutes is amended to read:
AB500,9,719 441.10 (7) No license is required for practical nursing, but, except as provided
20in s. 257.03, no person without a license may hold himself or herself out as a licensed
21practical nurse or licensed attendant, use the title or letters “Trained Practical
22Nurse" or “T.P.N.", “Licensed Practical Nurse" or “L.P.N.", “ Licensed Attendant" or
23“L.A.", “Trained Attendant" or “T.A.", or otherwise seek to indicate that he or she is
24a licensed practical nurse or licensed attendant. No licensed practical nurse or
25licensed attendant may use the title, or otherwise seek to act as a registered, licensed,

1graduate or professional nurse. Anyone violating this subsection shall be subject to
2the penalties prescribed by s. 441.13. The board shall grant without examination a
3license as a licensed practical nurse to any person who was on July 1, 1949, a licensed
4attendant. This subsection does not apply to any person licensed practical nurse who
5is licensed to practice practical nursing holds a multistate license, as defined in s.
6441.51 (2) (h), issued
by a jurisdiction, other than this state, that has adopted the
7enhanced nurse licensure compact under s. 441.50 441.51.
AB500,22 8Section 22. 441.115 (2) (a) of the statutes is amended to read:
AB500,9,179 441.115 (2) (a) In this subsection, “nursing credential" means a license, permit
10or certificate of registration or certification that is granted to a person by another
11state or territory or by a foreign country or province and that authorizes or qualifies
12the person holding the credential to perform acts that are substantially the same as
13those performed by a person licensed as a registered nurse or licensed practical nurse
14under this subchapter. In this paragraph, “state or territory" excludes any state or
15territory that has adopted the nurse licensure compact under
, except that “nursing
16credential” does not include a multistate license, as defined in s. 441.51 (2) (h), issued
17by a party state, as defined in
s. 441.50 441.51 (2) (k).
AB500,23 18Section 23. 441.15 (3) (a) (intro.) of the statutes is amended to read:
AB500,9,2319 441.15 (3) (a) (intro.) Subject to s. 441.07 (1g), the board shall grant a license
20to engage in the practice of nurse-midwifery to any person registered nurse who is
21licensed as a registered nurse under this subchapter or who holds a multistate
22license, as defined in s. 441.51 (2) (h), issued
in a party state, as defined in s. 441.50
23441.51 (2) (j) (k), who does all of the following:
AB500,24 24Section 24. Subchapter II (title) of chapter 441 [precedes 441.50] of the
25statutes is amended to read:
AB500,10,1
1CHAPTER 441
AB500,10,32 SUBCHAPTER II
3ENHANCED NURSE LICENSURE COMPACT
AB500,25 4Section 25. 441.50 of the statutes is repealed.
AB500,26 5Section 26. 441.51 of the statutes is created to read:
AB500,10,7 6441.51 Enhanced nurse licensure compact. (1) Article I — Findings and
7declaration of purpose.
(a) The party states find all of the following:
AB500,10,108 1. That the health and safety of the public are affected by the degree of
9compliance with and the effectiveness of enforcement activities related to state nurse
10licensure laws.
AB500,10,1211 2. That violations of nurse licensure and other laws regulating the practice of
12nursing may result in injury or harm to the public.
AB500,10,1613 3. That the expanded mobility of nurses and the use of advanced
14communication technologies as part of our nation's health care delivery system
15require greater coordination and cooperation among states in the areas of nurse
16licensure and regulation.
AB500,10,1817 4. That new practice modalities and technology make compliance with
18individual state nurse licensure laws difficult and complex.
AB500,10,2019 5. That the current system of duplicative licensure for nurses practicing in
20multiple states is cumbersome and redundant for both nurses and states.
AB500,10,2221 6. That uniformity of nurse licensure requirements throughout the states
22promotes public safety and public health benefits.
AB500,10,2323 (b) The general purposes of this compact are as follows:
AB500,10,2424 1. To facilitate the states' responsibility to protect the public's health and safety.
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