(j) Enforcement. 1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact and the commission’s rules.
2. By majority vote, the commission may initiate legal action against a participating state in default in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. 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 attorney’s fees. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or the defaulting participating state’s law.
3. A participating state may initiate legal action against the commission in the U.S. District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its promulgated rules. 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 attorney’s fees.
4. No individual or entity other than a participating state may enforce this compact against the commission.
(11) Effective date, withdrawal, and amendment. (a) The compact shall come into effect on the date on which the compact statute is enacted into law in the seventh participating state.
1. On or after the effective date of the compact, the commission shall convene and review the enactment of each of the states that enacted the compact prior to the commission convening (“charter participating states”) to determine if the statute enacted by each such charter participating state is materially different than the model compact.
a. A charter participating state whose enactment is found to be materially different from the model compact shall be entitled to the default process set forth in sub. (10).
b. If any participating state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of participating states should be less than seven (7).
2. Participating states enacting the compact subsequent to the charter participating states shall be subject to the process set forth in sub. (7) (c) 23. to determine if their enactments are materially different from the model compact and whether they qualify for participation in the compact.
3. All actions taken for the benefit of the commission or in furtherance of the purposes of the administration of the compact prior to the effective date of the compact or the commission coming into existence shall be considered to be actions of the commission unless specifically repudiated by the commission.
4. Any state that joins the compact subsequent to the commission’s initial adoption of the rules and bylaws shall be subject to the commission’s rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
(b) Any participating state may withdraw from this compact by enacting a statute repealing that state’s enactment of the compact.
1. A participating state’s withdrawal shall not take effect until one hundred eighty (180) days after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s licensing authority or authorities to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.
3. Upon the enactment of a statute withdrawing from this compact, the state shall immediately provide notice of such withdrawal to all licensees within that state. Notwithstanding any subsequent statutory enactment to the contrary, such withdrawing state shall continue to recognize all compact privileges to practice within that state granted pursuant to this compact for a minimum of one hundred eighty (180) days after the date of such notice of withdrawal.
(c) Nothing contained in this compact shall be construed to invalidate or prevent any licensure agreement or other cooperative arrangement between a participating state and a non-participating state that does not conflict with the provisions of this compact.
(d) This compact may be amended by the participating states. No amendment to this compact shall become effective and binding upon any participating state until it is enacted into the laws of all participating states.
(12) Construction and severability. (a) This compact and the commission’s rule-making authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules shall not be construed to limit the commission’s rule-making authority solely for those purposes.
(b) The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
(c) Notwithstanding par. (b), the commission may deny a state’s participation in the compact or, in accordance with the requirements of sub. (10) (b), terminate a participating state’s participation in the compact, if it determines that a constitutional requirement of a participating state is a material departure from the compact. Otherwise, if this compact shall be held to be contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters.
(13) Consistent effect and conflict with other state laws. (a) Nothing herein shall prevent or inhibit the enforcement of any other law of a participating state that is not inconsistent with the compact.
(b) Any laws, statutes, regulations, or other legal requirements in a participating state in conflict with the compact are superseded to the extent of the conflict.
(c) All permissible agreements between the commission and the participating states are binding in accordance with their terms.
447.51 Implementation of the dentist and dental hygienist compact. (1) In this section, “compact privilege” has the meaning given in s. 447.50 (2) (g).
(2) The department may impose a fee for an individual to receive a compact privilege as provided in s. 447.50 (4) (a) 4.
(3) (a) An individual who is exercising the compact privilege in this state shall comply with s. 440.03 (13) (am).
(b) Subject to s. 447.50 and any rules promulgated thereunder, ss. 440.20 to 440.22 and the rules promulgated under s. 440.03 (1) shall apply to an individual who is exercising the compact privilege in this state in the same manner that they apply to holders of licenses issued under subch. I.
88,51Section 51. 448.956 (4) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read: 448.956 (4) If a licensee determines that a patient’s medical condition is beyond the scope of practice of the licensee, the licensee shall, in accordance with the protocol established under sub. (1) (a), refer the patient to a health care practitioner who is licensed under ch. 446 or 447 or subch. II, III or IV of ch. 448; or who holds a compact privilege under subch. II of ch. 447 or subch. XI of ch. 448 and who can provide appropriate treatment to the patient.
88,52Section 52. 450.10 (3) (a) 4. of the statutes is amended to read: 450.10 (3) (a) 4. A dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447.
88,53Section 53. 451.02 (1) of the statutes, as affected by 2021 Wisconsin Act 251, is amended to read: 451.02 (1) An individual holding a license, permit or certificate under ch. 441, 446, 447, 448, or 449 or a compact privilege under subch. II of ch. 447 or subch. XI or XII of ch. 448 who engages in a practice of acupuncture that is also included within the scope of his or her license, permit, certificate, or privilege.
88,54Section 54. 462.02 (2) (d) of the statutes is amended to read: 462.02 (2) (d) A dentist licensed under s. 447.04 (1), a dental hygienist licensed under s. 447.04 (2), a person certified as an expanded function dental auxiliary under s. 447.04 (3), a dentist or dental hygienist who holds a compact privilege under subch. II of ch. 447, or a person under the direct supervision of a dentist.
88,55Section 55. 462.04 of the statutes, as affected by 2023 Wisconsin Act 81, is amended to read: 462.04 Prescription or order required. A person who holds a license or limited X-ray machine operator permit under this chapter may not use diagnostic X-ray equipment on humans for diagnostic purposes unless authorized to do so by prescription or order of a physician licensed under s. 448.04 (1) (a), a naturopathic doctor licensed under s. 466.04 (1), a dentist who is licensed under s. 447.04 (1) or who holds a compact privilege under subch. II of ch. 447, a podiatrist licensed under s. 448.63, a chiropractor licensed under s. 446.02, an advanced practice nurse certified under s. 441.16 (2), a physician assistant who is licensed under s. 448.974 or who holds a compact privilege under subch. XIII of ch. 448, or, subject to s. 448.56 (7) (a), a physical therapist who is licensed under s. 448.53 or who holds a compact privilege under subch. XI of ch. 448.
88,56Section 56. 463.10 (5) of the statutes is amended to read: 463.10 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a physician who tattoos or offers to tattoo a person in the course of the dentist’s or physician’s professional practice.
88,57Section 57. 463.12 (5) of the statutes is amended to read: 463.12 (5) Exception. Subsections (2) to (4m) do not apply to a dentist who is licensed under s. 447.03 (1) or to a physician who pierces the body of or offers to pierce the body of a person in the course of the dentist’s or physician’s professional practice.
88,58Section 58. 895.48 (1m) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act 81, is amended to read: 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, podiatrist, or athletic trainer licensed under ch. 448, physician assistant who is licensed under subch. IX of ch. 448 or who holds a compact privilege under subch. XIII of ch. 448, naturopathic doctor licensed under ch. 466, chiropractor licensed under ch. 446, dentist who is licensed under subch. I of ch. 447 or who holds a compact privilege under subch. II of ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, massage therapist or bodywork therapist licensed under ch. 460, or naturopathic doctor licensed under ch. 466 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:
88,59Section 59. 990.01 (6m) of the statutes is created to read: 990.01 (6m) Dentist. “Dentist” means a person who is licensed as a dentist under subch. I of ch. 447 or who holds a dentist compact privilege under subch. II of ch. 447.
