This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
AB500,24,1817 (e) The commission shall maintain its financial records in accordance with the
AB500,24,2019 (f) The commission shall meet and take such actions as are consistent with the
20provisions of this compact and the bylaws.
AB500,24,2121 (g) The commission shall have all of the following powers:
AB500,24,2422 1. To promulgate uniform rules to facilitate and coordinate implementation
23and administration of this compact. The rules shall have the force and effect of law
24and shall be binding in all party states.
12. To bring and prosecute legal proceedings or actions in the name of the
2commission, provided that the standing of any licensing board to sue or be sued under
3applicable law shall not be affected.
AB500,25,44 3. To purchase and maintain insurance and bonds.
AB500,25,65 4. To borrow, accept, or contract for services of personnel, including, but not
6limited to, employees of a party state or nonprofit organizations.
AB500,25,97 5. To cooperate with other organizations that administer state compacts
8related to the regulation of nursing, including but not limited to sharing
9administrative or staff expenses, office space, or other resources.
AB500,25,1410 6. To hire employees, elect or appoint officers, fix compensation, define duties,
11grant such individuals appropriate authority to carry out the purposes of this
12compact, and to establish the commission's personnel policies and programs relating
13to conflicts of interest, qualifications of personnel, and other related personnel
AB500,25,1815 7. To accept any and all appropriate donations, grants and gifts of money,
16equipment, supplies, materials, and services, and to receive, utilize, and dispose of
17the same; provided that at all times the commission shall avoid any appearance of
18impropriety or conflict of interest.
AB500,25,2119 8. To lease, purchase, accept appropriate gifts or donations of, or otherwise to
20own, hold, improve, or use, any property, whether real, personal, or mixed; provided
21that at all times the commission shall avoid any appearance of impropriety.
AB500,25,2322 9. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
23dispose of any property, whether real, personal, or mixed.
AB500,25,2424 10. To establish a budget and make expenditures.
AB500,25,2525 11. To borrow money.
112. To appoint committees, including advisory committees comprised of
2administrators, state nursing regulators, state legislators or their representatives,
3and consumer representatives, and other such interested persons.
AB500,26,54 13. To provide and receive information from, and to cooperate with, law
5enforcement agencies.
AB500,26,66 14. To adopt and use an official seal.
AB500,26,97 15. To perform such other functions as may be necessary or appropriate to
8achieve the purposes of this compact consistent with the state regulation of nurse
9licensure and practice.
AB500,26,1010 (h) Financing of the commission:
AB500,26,1211 1. The commission shall pay, or provide for the payment of, the reasonable
12expenses of its establishment, organization, and ongoing activities.
AB500,26,1713 2. The commission may also levy on and collect an annual assessment from
14each party state to cover the cost of its operations, activities, and staff in its annual
15budget as approved each year. The aggregate annual assessment amount, if any,
16shall be allocated based upon a formula to be determined by the commission, which
17shall promulgate a rule that is binding upon all party states.
AB500,26,2018 3. The commission shall not incur obligations of any kind prior to securing the
19funds adequate to meet the same; nor shall the commission pledge the credit of any
20of the party states, except by, and with the authority of, such party state.
AB500,27,221 4. The commission shall keep accurate accounts of all receipts and
22disbursements. The receipts and disbursements of the commission shall be subject
23to the audit and accounting procedures established under its bylaws. However, all
24receipts and disbursements of funds handled by the commission shall be audited

1yearly by a certified or licensed public accountant, and the report of the audit shall
2be included in and become part of the annual report of the commission.
AB500,27,33 (i) Qualified immunity, defense and indemnification:
AB500,27,134 1. The administrators, officers, executive director, employees, and
5representatives of the commission shall be immune from suit and liability, either
6personally or in their official capacity, for any claim for damage to or loss of property
7or personal injury or other civil liability caused by or arising out of any actual or
8alleged act, error, or omission that occurred, or that the person against whom the
9claim is made had a reasonable basis for believing occurred, within the scope of
10commission employment, duties, or responsibilities; provided that nothing in this
11subdivision shall be construed to protect any such person from suit or liability for any
12damage, loss, injury, or liability caused by the intentional, willful, or wanton
13misconduct of that person.
AB500,27,2214 2. The commission shall defend any administrator, officer, executive director,
15employee, or representative of the commission in any civil action seeking to impose
16liability arising out of any actual or alleged act, error, or omission that occurred
17within the scope of commission employment, duties, or responsibilities, or that the
18person against whom the claim is made had a reasonable basis for believing occurred
19within the scope of commission employment, duties, or responsibilities; provided
20that nothing herein shall be construed to prohibit that person from retaining his or
21her own counsel; and provided further that the actual or alleged act, error, or
22omission did not result from that person's intentional, willful, or wanton misconduct.
AB500,28,523 3. The commission shall indemnify and hold harmless any administrator,
24officer, executive director, employee, or representative of the commission for the
25amount of any settlement or judgment obtained against that person arising out of

1any actual or alleged act, error, or omission that occurred within the scope of
2commission employment, duties, or responsibilities, or that such person had a
3reasonable basis for believing occurred within the scope of commission employment,
4duties, or responsibilities, provided that the actual or alleged act, error, or omission
5did not result from the intentional, willful, or wanton misconduct of that person.
AB500,28,10 6(8) Article VIII — Rule making. (a) The commission shall exercise its
7rulemaking powers pursuant to the criteria set forth in this subsection and the rules
8adopted thereunder. Rules and amendments shall become binding as of the date
9specified in each rule or amendment and shall have the same force and effect as
10provisions of this compact.
AB500,28,1211 (b) Rules or amendments to the rules shall be adopted at a regular or special
12meeting of the commission.
AB500,28,1613 (c) Prior to promulgation and adoption of a final rule or rules by the
14commission, and at least sixty days in advance of the meeting at which the rule will
15be considered and voted upon, the commission shall file a notice of proposed
16rulemaking on all of the following:
AB500,28,1717 1. The website of the commission.
AB500,28,1918 2. The website of each licensing board or the publication in which each state
19would otherwise publish proposed rules.
AB500,28,2020 (d) The notice of proposed rule making shall include all of the following:
AB500,28,2221 1. The proposed time, date, and location of the meeting in which the rule will
22be considered and voted upon.
AB500,28,2423 2. The text of the proposed rule or amendment, and the reason for the proposed
AB500,28,2525 3. A request for comments on the proposed rule from any interested person.
14. The manner in which interested persons may submit notice to the
2commission of their intention to attend the public hearing and any written
AB500,29,64 (e) Prior to adoption of a proposed rule, the commission shall allow persons to
5submit written data, facts, opinions, and arguments, which shall be made available
6to the public.
AB500,29,87 (f) The commission shall grant an opportunity for a public hearing before it
8adopts a rule or amendment.
AB500,29,109 (g) The commission shall publish the place, time, and date of the scheduled
10public hearing.
AB500,29,1311 1. Hearings shall be conducted in a manner providing each person who wishes
12to comment a fair and reasonable opportunity to comment orally or in writing. All
13hearings will be recorded, and a copy will be made available upon request.
AB500,29,1614 2. Nothing in this subsection shall be construed as requiring a separate hearing
15on each rule. Rules may be grouped for the convenience of the commission at
16hearings required by this subsection.
AB500,29,1817 (h) If no one appears at the public hearing, the commission may proceed with
18promulgation of the proposed rule.
AB500,29,2119 (i) Following the scheduled hearing date, or by the close of business on the
20scheduled hearing date if the hearing was not held, the commission shall consider
21all written and oral comments received.
AB500,29,2422 (j) The commission shall, by majority vote of all administrators, take final
23action on the proposed rule and shall determine the effective date of the rule, if any,
24based on the rule-making record and the full text of the rule.
1(k) Upon determination that an emergency exists, the commission may
2consider and adopt an emergency rule without prior notice, opportunity for
3comment, or hearing, provided that the usual rule-making procedures provided in
4this compact and in this subsection shall be retroactively applied to the rule as soon
5as reasonably possible, in no event later than 90 days after the effective date of the
6rule. For the purposes of this provision, an emergency rule is one that must be
7adopted immediately in order to do any of the following:
AB500,30,88 1. Meet an imminent threat to public health, safety, or welfare.
AB500,30,99 2. Prevent a loss of commission or party state funds.
AB500,30,1110 3. Meet a deadline for the promulgation of an administrative rule that is
11required by federal law or rule.
AB500,30,2112 (L) The commission may direct revisions to a previously adopted rule or
13amendment for purposes of correcting typographical errors, errors in format, errors
14in consistency, or grammatical errors. Public notice of any revisions shall be posted
15on the website of the commission. The revision shall be subject to challenge by any
16person for a period of 30 days after posting. The revision may be challenged only on
17grounds that the revision results in a material change to a rule. A challenge shall
18be made in writing, and delivered to the commission, prior to the end of the notice
19period. If no challenge is made, the revision will take effect without further action.
20If the revision is challenged, the revision may not take effect without the approval
21of the commission.
AB500,30,24 22(9) Article IX — Oversight, dispute resolution, and enforcement. (a)
23Oversight. 1. Each party state shall enforce this compact and take all actions
24necessary and appropriate to effectuate this compact's purposes and intent.
12. The commission shall be entitled to receive service of process in any
2proceeding that may affect the powers, responsibilities, or actions of the commission,
3and shall have standing to intervene in such a proceeding for all purposes. Failure
4to provide service of process in such proceeding to the commission shall render a
5judgment or order void as to the commission, this compact, or promulgated rules.
AB500,31,96 (b) Default, technical assistance, and termination. 1. If the commission
7determines that a party state has defaulted in the performance of its obligations or
8responsibilities under this compact or the promulgated rules, the commission shall
9do all of the following:
AB500,31,1210 a. Provide written notice to the defaulting state and other party states of the
11nature of the default, the proposed means of curing the default, or any other action
12to be taken by the commission.
AB500,31,1413 b. Provide remedial training and specific technical assistance regarding the
AB500,31,2015 2. If a state in default fails to cure the default, the defaulting state's
16membership in this compact may be terminated upon an affirmative vote of a
17majority of the administrators, and all rights, privileges, and benefits conferred by
18this compact may be terminated on the effective date of termination. A cure of the
19default does not relieve the offending state of obligations or liabilities incurred
20during the period of default.
AB500,31,2521 3. Termination of membership in this compact shall be imposed only after all
22other means of securing compliance have been exhausted. Notice of intent to
23suspend or terminate shall be given by the commission to the governor of the
24defaulting state and to the executive officer of the defaulting state's licensing board
25and each of the party states.
14. A state whose membership in this compact has been terminated is
2responsible for all assessments, obligations, and liabilities incurred through the
3effective date of termination, including obligations that extend beyond the effective
4date of termination.
AB500,32,75 5. The commission shall not bear any costs related to a state that is found to
6be in default or whose membership in this compact has been terminated unless
7agreed upon in writing between the commission and the defaulting state.
AB500,32,118 6. The defaulting state may appeal the action of the commission by petitioning
9the U.S. District Court for the District of Columbia or the federal district in which
10the commission has its principal offices. The prevailing party shall be awarded all
11costs of such litigation, including reasonable attorneys' fees.
AB500,32,1412 (c) Dispute resolution. 1. Upon request by a party state, the commission shall
13attempt to resolve disputes related to the compact that arise among party states and
14between party and nonparty states.
AB500,32,1615 2. The commission shall promulgate a rule providing for both mediation and
16binding dispute resolution for disputes, as appropriate.
AB500,32,1817 3. In the event the commission cannot resolve disputes among party states
18arising under this compact, all of the following apply:
AB500,32,2219 a. The party states may submit the issues in dispute to an arbitration panel,
20which will be comprised of individuals appointed by the compact administrator in
21each of the affected party states and an individual mutually agreed upon by the
22compact administrators of all the party states involved in the dispute.
AB500,32,2323 b. The decision of a majority of the arbitrators shall be final and binding.
AB500,32,2524 (d) Enforcement. 1. The commission, in the reasonable exercise of its
25discretion, shall enforce the provisions and rules of this compact.
12. By majority vote, the commission may initiate legal action in the U.S.
2District Court for the District of Columbia or the federal district in which the
3commission has its principal offices against a party state that is in default to enforce
4compliance with the provisions of this compact and its promulgated rules and
5bylaws. The relief sought may include both injunctive relief and damages. In the
6event judicial enforcement is necessary, the prevailing party shall be awarded all
7costs of such litigation, including reasonable attorneys' fees.
AB500,33,98 3. The remedies herein shall not be the exclusive remedies of the commission.
9The commission may pursue any other remedies available under federal or state law.
AB500,33,16 10(10) Article X — Effective date, withdrawal, and amendment. (a) This
11compact shall become effective and binding on the earlier of the date of legislative
12enactment of this compact into law by no less than 26 states or December 31, 2018.
13All party states to this compact, that also were parties to the prior nurse licensure
14compact, superseded by this compact, (“prior compact”), s. 441.50, 2015 stats., shall
15be deemed to have withdrawn from said prior compact within 6 months after the
16effective date of this compact.
AB500,33,1917 (b) Each party state to this compact shall continue to recognize a nurse's
18multistate licensure privilege to practice in that party state issued under the prior
19compact until such party state has withdrawn from the prior compact.
AB500,33,2220 (c) Any party state may withdraw from this compact by enacting a statute
21repealing the same. A party state's withdrawal shall not take effect until 6 months
22after enactment of the repealing statute.
AB500,34,223 (d) A party state's withdrawal or termination shall not affect the continuing
24requirement of the withdrawing or terminated state's licensing board to report

1adverse actions and significant investigations occurring prior to the effective date of
2such withdrawal or termination.
AB500,34,63 (e) Nothing contained in this compact shall be construed to invalidate or
4prevent any nurse licensure agreement or other cooperative arrangement between
5a party state and a nonparty state that is made in accordance with the other
6provisions of this compact.
AB500,34,97 (f) This compact may be amended by the party states. No amendment to this
8compact shall become effective and binding upon the party states unless and until
9it is enacted into the laws of all party states.
AB500,34,1210 (g) Representatives of nonparty states to this compact shall be invited to
11participate in the activities of the commission, on a nonvoting basis, prior to the
12adoption of this compact by all states.
AB500,34,23 13(11) Article XI - Construction and severability. This compact shall be
14liberally construed so as to effectuate the purposes thereof. The provisions of this
15compact shall be severable, and if any phrase, clause, sentence, or provision of this
16compact is declared to be contrary to the constitution of any party state or of the
17United States, or if the applicability thereof to any government, agency, person, or
18circumstance is held invalid, the validity of the remainder of this compact and the
19applicability thereof to any government, agency, person, or circumstance shall not
20be affected thereby. If this compact shall be held to be contrary to the constitution
21of any party state, this compact shall remain in full force and effect as to the
22remaining party states and in full force and effect as to the party state affected as
23to all severable matters.
AB500,27 24Section 27. 655.001 (9) of the statutes is amended to read:
1655.001 (9) “Nurse anesthetist" means a nurse who is licensed under ch. 441
2or who holds a multistate license, as defined in s. 441.51 (2) (h), issued in a party
3state, as defined in s. 441.50 441.51 (2) (j), (k), and who is certified as a nurse
4anesthetist by the American association of nurse anesthetists.
AB500,28 5Section 28. 905.04 (1) (f) of the statutes is amended to read:
AB500,35,96 905.04 (1) (f) “Registered nurse" means a registered nurse who is licensed
7under s. 441.06 or licensed as a registered nurse who holds a multistate license, as
8defined in s. 441.51 (2) (h), issued
in a party state, as defined in s. 441.50 441.51 (2)
9(j) (k), or a person reasonably believed by the patient to be a registered nurse.
AB500,29 10Section 29. 990.01 (19g) of the statutes is amended to read:
AB500,35,1411 990.01 (19g) Licensed practical nurse. “ Licensed practical nurse" includes a
12licensed practical/vocational nurse who is licensed holds a multistate license, as
13defined in s. 441.51 (2) (h), issued
in a party state, as defined in s. 441.50 441.51 (2)
14(j) (k).
AB500,30 15Section 30. 990.01 (23q) of the statutes is amended to read:
AB500,35,2016 990.01 (23q) Nurse. “ Nurse", “Nurse,” “nurse licensed under ch. 441" 441,” and
17any reference to an individual who is registered or licensed under ch. 441 include a
18registered nurse or licensed practical/vocational nurse who is licensed holds a
19multistate 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).
AB500,31 21Section 31. 990.01 (36m) of the statutes is amended to read:
AB500,35,2422 990.01 (36m) Registered nurse. “Registered nurse" includes a registered
23nurse who is licensed holds a multistate license, as defined in s. 441.51 (2) (h), issued
24in a party state, as defined in s. 441.50 441.51 (2) (j) (k).
AB500,32 25Section 32 . Nonstatutory provisions.
1(1) The board of nursing may promulgate emergency rules under section 227.24
2of the statutes necessary to implement this act. Notwithstanding section 227.24 (1)
3(c) and (2) of the statutes, emergency rules promulgated under this subsection
4remain in effect until May 1, 2019, or the date on which permanent rules take effect,
5whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes,
6the board is not required to provide evidence that promulgating a rule under this
7subsection as an emergency rule is necessary for the preservation of the public peace,
8health, safety, or welfare and is not required to provide a finding of emergency for a
9rule promulgated under this subsection.
AB500,33 10Section 33. Effective dates. This act takes effect on the day after publication,
11except as follows: