Chapter 441

441.51(3)(c)4. 4. Has successfully passed an NCLEX-RN or NCLEX-PN Examination or recognized predecessor, as applicable.

441.51(3)(c)5. 5. Is eligible for or holds an active, unencumbered license.

441.51(3)(c)6. 6. Has submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric data for the purpose of obtaining criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state’s criminal records.

441.51(3)(c)7. 7. Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.

441.51(3)(c)8. 8. Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis.

441.51(3)(c)9. 9. Is not currently enrolled in an alternative program.

441.51(3)(c)10. 10. Is subject to self-disclosure requirements regarding current participation in an alternative program.

441.51(3)(c)11. 11. Has a valid United States social security number.

441.51(3)(d) (d) All party states shall be authorized, in accordance with existing state due process law, to take adverse action against a nurse’s multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse’s authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such actions by remote states.

441.51(3)(e) (e) A nurse practicing in a party state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but shall include all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege will subject a nurse to the jurisdiction of the licensing board, the courts, and the laws of the party state in which the client is located at the time service is provided.

441.51(3)(f) (f) Individuals not residing in a party state shall continue to be able to apply for a party state’s single-state license as provided under the laws of each party state. However, the single-state license granted to these individuals will not be recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact shall affect the requirements established by a party state for the issuance of a single-state license.

441.51(3)(g) (g) Any nurse holding a home state multistate license, on the effective date of this compact, may retain and renew the multistate license issued by the nurse’s then-current home state, provided that:

441.51(3)(g)1. 1. A nurse, who changes primary state of residence after this compact’s effective date, must meet all applicable requirements under par. (c) to obtain a multistate license from a new home state.

441.51(3)(g)2. 2. A nurse who fails to satisfy the multistate licensure requirements in par. (c) due to a disqualifying event occurring after this compact’s effective date shall be ineligible to retain or renew a multistate license, and the nurse’s multistate license shall be revoked or deactivated in accordance with applicable rules adopted by the interstate commission of nurse licensure compact administrators (“commission”).

441.51(4) (4) Article IV — Applications for licensure in a party state.

441.51(4)(a) (a) Upon application for a multistate license, the licensing board in the issuing party state shall ascertain, through the coordinated licensure information system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or multistate licensure privilege held by the applicant, whether any adverse action has been taken against any license or multistate licensure privilege held by the applicant, and whether the applicant is currently participating in an alternative program.

441.51(4)(b) (b) A nurse may hold a multistate license, issued by the home state, in only one party state at a time.

441.51(4)(c) (c)

441.51(4)(c)1. 1. If a nurse changes primary state of residence by moving between 2 party states, the nurse must apply for licensure in the new home state, and the multistate license issued by the prior home state will be deactivated in accordance with applicable rules adopted by the commission.

441.51(4)(c)2. 2. The nurse may apply for licensure in advance of a change in primary state of residence.

441.51(4)(c)3. 3. A multistate license shall not be issued by the new home state until the nurse provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a multistate license from the new home state.

441.51(4)(d) (d) If a nurse changes primary state of residence by moving from a party state to a non-party state, the multistate license issued by the prior home state will convert to a single-state license, valid only in the former home state.

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.