1.1                          A bill for an act 
  1.2             relating to health occupations; providing for a Nurse 
  1.3             Licensure Compact; providing for appointments; 
  1.4             proposing coding for new law in Minnesota Statutes, 
  1.5             chapter 148.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [148.2855] [NURSE LICENSURE COMPACT.] 
  1.8      The Nurse Licensure Compact is enacted into law and entered 
  1.9   into with all other jurisdictions legally joining in it, in the 
  1.10  form substantially as follows: 
  1.11                            ARTICLE 1 
  1.12               FINDINGS AND DECLARATION OF PURPOSE 
  1.13     (a) The party states find that: 
  1.14     (1) the health and safety of the public are affected by the 
  1.15  degree of compliance with and the effectiveness of enforcement 
  1.16  activities related to state nurse licensure laws; 
  1.17     (2) violations of nurse licensure and other laws regulating 
  1.18  the practice of nursing may result in injury or harm to the 
  1.19  public; 
  1.20     (3) the expanded mobility of nurses and the use of advanced 
  1.21  communication technologies as part of our nation's healthcare 
  1.22  delivery system require greater coordination and cooperation 
  1.23  among states in the areas of nurse licensure and regulation; 
  1.24     (4) new practice modalities and technology make compliance 
  1.25  with individual state nurse licensure laws difficult and 
  2.1   complex; 
  2.2      (5) the current system of duplicative licensure for nurses 
  2.3   practicing in multiple states is cumbersome and redundant to 
  2.4   both nurses and states. 
  2.5      (b) The general purposes of this compact are to: 
  2.6      (1) facilitate the states' responsibility to protect the 
  2.7   public's health and safety; 
  2.8      (2) ensure and encourage the cooperation of party states in 
  2.9   the areas of nurse licensure and regulation; 
  2.10     (3) facilitate the exchange of information between party 
  2.11  states in the areas of nurse regulation, investigation, and 
  2.12  adverse actions; 
  2.13     (4) promote compliance with the laws governing the practice 
  2.14  of nursing in each jurisdiction; 
  2.15     (5) invest all party states with the authority to hold a 
  2.16  nurse accountable for meeting all state practice laws in the 
  2.17  state in which the patient is located at the time care is 
  2.18  rendered through the mutual recognition of party state licenses. 
  2.19                            ARTICLE 2 
  2.20                           DEFINITIONS 
  2.21     As used in this compact: 
  2.22     (a) "Adverse action" means a home or remote state action. 
  2.23     (b) "Alternative program" means a voluntary, 
  2.24  nondisciplinary monitoring program approved by a nurse licensing 
  2.25  board. 
  2.26     (c) "Coordinated licensure information system" means an 
  2.27  integrated process for collecting, storing, and sharing 
  2.28  information on nurse licensure and enforcement activities 
  2.29  related to nurse licensure laws, which is administered by a 
  2.30  nonprofit organization composed of and controlled by state nurse 
  2.31  licensing boards. 
  2.32     (d) "Current significant investigative information" means: 
  2.33     (1) investigative information that a licensing board, after 
  2.34  a preliminary inquiry that includes notification and an 
  2.35  opportunity for the nurse to respond if required by state law, 
  2.36  has reason to believe is not groundless and, if proved true, 
  3.1   would indicate more than a minor infraction; or 
  3.2      (2) investigative information that indicates that the nurse 
  3.3   represents an immediate threat to public health and safety 
  3.4   regardless of whether the nurse has been notified and had an 
  3.5   opportunity to respond. 
  3.6      (e) "Home state" means the party state which is the nurse's 
  3.7   primary state of residence. 
  3.8      (f) "Home state action" means any administrative, civil, 
  3.9   equitable, or criminal action permitted by the home state's laws 
  3.10  which are imposed on a nurse by the home state's licensing board 
  3.11  or other authority including actions against an individual's 
  3.12  license such as:  revocation, suspension, probation, or any 
  3.13  other action which affects a nurse's authorization to practice. 
  3.14     (g) "Licensing board" means a party state's regulatory body 
  3.15  responsible for issuing nurse licenses. 
  3.16     (h) "Multistate licensure privilege" means current, 
  3.17  official authority from a remote state permitting the practice 
  3.18  of nursing as either a registered nurse or a licensed 
  3.19  practical/vocational nurse in such party state.  All party 
  3.20  states have the authority, in accordance with existing state due 
  3.21  process law, to take actions against the nurse's privilege such 
  3.22  as:  revocation, suspension, probation, or any other action 
  3.23  which affects a nurse's authorization to practice. 
  3.24     (i) "Nurse" means a registered nurse or licensed 
  3.25  practical/vocational nurse, as those terms are defined by each 
  3.26  party's state practice laws. 
  3.27     (j) "Party state" means any state that has adopted this 
  3.28  compact. 
  3.29     (k) "Remote state" means a party state, other than the home 
  3.30  state: 
  3.31     (1) where the patient is located at the time nursing care 
  3.32  is provided; or 
  3.33     (2) in the case of the practice of nursing not involving a 
  3.34  patient, in such party state where the recipient of nursing 
  3.35  practice is located. 
  3.36     (l) "Remote state action" means: 
  4.1      (1) any administrative, civil, equitable, or criminal 
  4.2   action permitted by a remote state's laws which are imposed on a 
  4.3   nurse by the remote state's licensing board or other authority 
  4.4   including actions against an individual's multistate licensure 
  4.5   privilege to practice in the remote state; and 
  4.6      (2) cease and desist and other injunctive or equitable 
  4.7   orders issued by remote states or the licensing boards thereof. 
  4.8      (m) "State" means a state, territory, or possession of the 
  4.9   United States, the District of Columbia, or the Commonwealth of 
  4.10  Puerto Rico. 
  4.11     (n) "State practice laws" means those individual party's 
  4.12  state laws and regulations that govern the practice of nursing, 
  4.13  define the scope of nursing practice, and create the methods and 
  4.14  grounds for imposing discipline.  "State practice laws" does not 
  4.15  include the initial qualifications for licensure or requirements 
  4.16  necessary to obtain and retain a license, except for 
  4.17  qualifications or requirements of the home state. 
  4.18                            ARTICLE 3 
  4.19               GENERAL PROVISIONS AND JURISDICTION 
  4.20     (a) A license to practice registered nursing issued by a 
  4.21  home state to a resident in that state will be recognized by 
  4.22  each party state as authorizing a multistate licensure privilege 
  4.23  to practice as a registered nurse in such party state.  A 
  4.24  license to practice licensed practical/vocational nursing issued 
  4.25  by a home state to a resident in that state will be recognized 
  4.26  by each party state as authorizing a multistate licensure 
  4.27  privilege to practice as a licensed practical/vocational nurse 
  4.28  in such party state.  In order to obtain or retain a license, an 
  4.29  applicant must meet the home state's qualifications for 
  4.30  licensure and license renewal as well as all other applicable 
  4.31  state laws. 
  4.32     (b) Party states may, in accordance with state due process 
  4.33  laws, limit or revoke the multistate licensure privilege of any 
  4.34  nurse to practice in their state and may take any other actions 
  4.35  under their applicable state laws necessary to protect the 
  4.36  health and safety of their citizens.  If a party state takes 
  5.1   such action, it shall promptly notify the administrator of the 
  5.2   coordinated licensure information system.  The administrator of 
  5.3   the coordinated licensure information system shall promptly 
  5.4   notify the home state of any such actions by remote states. 
  5.5      (c) Every nurse practicing in a party state must comply 
  5.6   with the state practice laws of the state in which the patient 
  5.7   is located at the time care is rendered.  In addition, the 
  5.8   practice of nursing is not limited to patient care, but shall 
  5.9   include all nursing practice as defined by the state practice 
  5.10  laws of a party state.  The practice of nursing will subject a 
  5.11  nurse to the jurisdiction of the nurse licensing board and the 
  5.12  courts, as well as the laws, in that party state. 
  5.13     (d) This compact does not affect additional requirements 
  5.14  imposed by states for advanced practice registered nursing. 
  5.15  However, a multistate licensure privilege to practice registered 
  5.16  nursing granted by a party state shall be recognized by other 
  5.17  party states as a license to practice registered nursing if one 
  5.18  is required by state law as a precondition for qualifying for 
  5.19  advanced practice registered nurse authorization. 
  5.20     (e) Individuals not residing in a party state shall 
  5.21  continue to be able to apply for nurse licensure as provided for 
  5.22  under the laws of each party state.  However, the license 
  5.23  granted to these individuals will not be recognized as granting 
  5.24  the privilege to practice nursing in any other party state 
  5.25  unless explicitly agreed to by that party state. 
  5.26                            ARTICLE 4 
  5.27           APPLICATIONS FOR LICENSURE IN A PARTY STATE 
  5.28     (a) Upon application for a license, the licensing board in 
  5.29  a party state shall ascertain, through the coordinated licensure 
  5.30  information system, whether the applicant has ever held, or is 
  5.31  the holder of, a license issued by any other state, whether 
  5.32  there are any restrictions on the multistate licensure 
  5.33  privilege, and whether any other adverse action by any state has 
  5.34  been taken against the license. 
  5.35     (b) A nurse in a party state shall hold licensure in only 
  5.36  one party state at a time, issued by the home state. 
  6.1      (c) A nurse who intends to change primary state of 
  6.2   residence may apply for licensure in the new home state in 
  6.3   advance of such change.  However, new licenses will not be 
  6.4   issued by a party state until after a nurse provides evidence of 
  6.5   change in primary state of residence satisfactory to the new 
  6.6   home state's licensing board. 
  6.7      (d) When a nurse changes primary state of residence by: 
  6.8      (1) moving between two party states, and obtains a license 
  6.9   from the new home state, the license from the former home state 
  6.10  is no longer valid; 
  6.11     (2) moving from a nonparty state to a party state, and 
  6.12  obtains a license from the new home state, the individual state 
  6.13  license issued by the nonparty state is not affected and will 
  6.14  remain in full force if so provided by the laws of the nonparty 
  6.15  state; 
  6.16     (3) moving from a party state to a nonparty state, the 
  6.17  license issued by the prior home state converts to an individual 
  6.18  state license, valid only in the former home state, without the 
  6.19  multistate licensure privilege to practice in other party states.
  6.20                            ARTICLE 5 
  6.21                         ADVERSE ACTIONS 
  6.22     In addition to the general provisions described in article 
  6.23  3, the following provisions apply. 
  6.24     (a) The licensing board of a remote state shall promptly 
  6.25  report to the administrator of the coordinated licensure 
  6.26  information system any remote state actions including the 
  6.27  factual and legal basis for such action, if known.  The 
  6.28  licensing board of a remote state shall also promptly report any 
  6.29  significant current investigative information yet to result in a 
  6.30  remote state action.  The administrator of the coordinated 
  6.31  licensure information system shall promptly notify the home 
  6.32  state of any such reports. 
  6.33     (b) The licensing board of a party state shall have the 
  6.34  authority to complete any pending investigations for a nurse who 
  6.35  changes primary state of residence during the course of such 
  6.36  investigations.  It shall also have the authority to take 
  7.1   appropriate action(s), and shall promptly report the conclusions 
  7.2   of such investigations to the administrator of the coordinated 
  7.3   licensure information system.  The administrator of the 
  7.4   coordinated licensure information system shall promptly notify 
  7.5   the new home state of any such actions. 
  7.6      (c) A remote state may take adverse action affecting the 
  7.7   multistate licensure privilege to practice within that party 
  7.8   state.  However, only the home state shall have the power to 
  7.9   impose adverse action against the license issued by the home 
  7.10  state. 
  7.11     (d) For purposes of imposing adverse action, the licensing 
  7.12  board of the home state shall give the same priority and effect 
  7.13  to reported conduct received from a remote state as it would if 
  7.14  such conduct had occurred within the home state.  In so doing, 
  7.15  it shall apply its own state laws to determine appropriate 
  7.16  action. 
  7.17     (e) The home state may take adverse action based on the 
  7.18  factual findings of the remote state, so long as each state 
  7.19  follows its own procedures for imposing such adverse action. 
  7.20     (f) Nothing in this compact shall override a party state's 
  7.21  decision that participation in an alternative program may be 
  7.22  used in lieu of licensure action and that such participation 
  7.23  shall remain nonpublic if required by the party state's laws. 
  7.24  Party states must require nurses who enter any alternative 
  7.25  programs to agree not to practice in any other party state 
  7.26  during the term of the alternative program without prior 
  7.27  authorization from such other party state. 
  7.28                            ARTICLE 6 
  7.29                ADDITIONAL AUTHORITIES INVESTED IN 
  7.30                PARTY STATE NURSE LICENSING BOARDS 
  7.31     Notwithstanding any other powers, party state nurse 
  7.32  licensing boards shall have the authority to: 
  7.33     (a) if otherwise permitted by state law, recover from the 
  7.34  affected nurse the costs of investigations and disposition of 
  7.35  cases resulting from any adverse action taken against that 
  7.36  nurse; 
  8.1      (b) issue subpoenas for both hearings and investigations 
  8.2   which require the attendance and testimony of witnesses, and the 
  8.3   production of evidence.  Subpoenas issued by a nurse licensing 
  8.4   board in a party state for the attendance and testimony of 
  8.5   witnesses, and/or the production of evidence from another party 
  8.6   state, shall be enforced in the latter state by any court of 
  8.7   competent jurisdiction, according to the practice and procedure 
  8.8   of that court applicable to subpoenas issued in proceedings 
  8.9   pending before it.  The issuing authority shall pay any witness 
  8.10  fees, travel expenses, mileage, and other fees required by the 
  8.11  service statutes of the state where the witnesses and/or 
  8.12  evidence are located; 
  8.13     (c) issue cease and desist orders to limit or revoke a 
  8.14  nurse's authority to practice in their state; 
  8.15     (d) promulgate uniform rules and regulations as provided 
  8.16  for in article 8, paragraph (c). 
  8.17                            ARTICLE 7 
  8.18             COORDINATED LICENSURE INFORMATION SYSTEM 
  8.19     (a) All party states shall participate in a cooperative 
  8.20  effort to create a coordinated database of all licensed 
  8.21  registered nurses and licensed practical/vocational nurses.  
  8.22  This system will include information on the licensure and 
  8.23  disciplinary history of each nurse, as contributed by party 
  8.24  states, to assist in the coordination of nurse licensure and 
  8.25  enforcement efforts. 
  8.26     (b) Notwithstanding any other provision of law, all party 
  8.27  states' licensing boards shall promptly report adverse actions, 
  8.28  actions against multistate licensure privileges, any current 
  8.29  significant investigative information yet to result in adverse 
  8.30  action, denials of applications, and the reasons for such 
  8.31  denials, to the coordinated licensure information system. 
  8.32     (c) Current significant investigative information shall be 
  8.33  transmitted through the coordinated licensure information system 
  8.34  only to party state licensing boards. 
  8.35     (d) Notwithstanding any other provision of law, all party 
  8.36  states' licensing boards contributing information to the 
  9.1   coordinated licensure information system may designate 
  9.2   information that may not be shared with nonparty states or 
  9.3   disclosed to other entities or individuals without the express 
  9.4   permission of the contributing state. 
  9.5      (e) Any personally identifiable information obtained by a 
  9.6   party state's licensing board from the coordinated licensure 
  9.7   information system may not be shared with nonparty states or 
  9.8   disclosed to other entities or individuals except to the extent 
  9.9   permitted by the laws of the party state contributing the 
  9.10  information. 
  9.11     (f) Any information contributed to the coordinated 
  9.12  licensure information system that is subsequently required to be 
  9.13  expunged by the laws of the party state contributing that 
  9.14  information, shall also be expunged from the coordinated 
  9.15  licensure information system. 
  9.16     (g) The compact administrators, acting jointly with each 
  9.17  other and in consultation with the administrator of the 
  9.18  coordinated licensure information system, shall formulate 
  9.19  necessary and proper procedures for the identification, 
  9.20  collection, and exchange of information under this compact. 
  9.21                            ARTICLE 8 
  9.22                    COMPACT ADMINISTRATION AND 
  9.23                    INTERCHANGE OF INFORMATION 
  9.24     (a) The head of the nurse licensing board, or his/her 
  9.25  designee, of each party state shall be the administrator of this 
  9.26  compact for his/her state. 
  9.27     (b) The compact administrator of each party state shall 
  9.28  furnish to the compact administrator of each other party state 
  9.29  any information and documents including, but not limited to, a 
  9.30  uniform data set of investigations, identifying information, 
  9.31  licensure data, and disclosable alternative program 
  9.32  participation information to facilitate the administration of 
  9.33  this compact. 
  9.34     (c) Compact administrators shall have the authority to 
  9.35  develop uniform rules to facilitate and coordinate 
  9.36  implementation of this compact.  These uniform rules shall be 
 10.1   adopted by party states, under the authority invested under 
 10.2   article 6, clause (4). 
 10.3                             ARTICLE 9 
 10.4                              IMMUNITY 
 10.5      No party state or the officers or employees or agents of a 
 10.6   party state's nurse licensing board who acts in accordance with 
 10.7   the provisions of this compact shall be liable on account of any 
 10.8   act or omission in good faith while engaged in the performance 
 10.9   of their duties under this compact.  Good faith in this article 
 10.10  shall not include willful misconduct, gross negligence, or 
 10.11  recklessness. 
 10.12                            ARTICLE 10 
 10.13           ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT 
 10.14     (a) This compact shall enter into force and become 
 10.15  effective as to any state when it has been enacted into the laws 
 10.16  of that state.  Any party state may withdraw from this compact 
 10.17  by enacting a statute repealing the same, but no such withdrawal 
 10.18  shall take effect until six months after the withdrawing state 
 10.19  has given notice of the withdrawal to the executive heads of all 
 10.20  other party states. 
 10.21     (b) No withdrawal shall affect the validity or 
 10.22  applicability by the licensing boards of states remaining party 
 10.23  to the compact of any report of adverse action occurring prior 
 10.24  to the withdrawal. 
 10.25     (c) Nothing contained in this compact shall be construed to 
 10.26  invalidate or prevent any nurse licensure agreement or other 
 10.27  cooperative arrangement between a party state and a nonparty 
 10.28  state that is made in accordance with the other provisions of 
 10.29  this compact. 
 10.30     (d) This compact may be amended by the party states.  No 
 10.31  amendment to this compact shall become effective and binding 
 10.32  upon the party states unless and until it is enacted into the 
 10.33  laws of all party states. 
 10.34                            ARTICLE 11 
 10.35                  CONSTRUCTION AND SEVERABILITY 
 10.36     (a) This compact shall be liberally construed so as to 
 11.1   effectuate the purposes thereof.  The provisions of this compact 
 11.2   shall be severable and if any phrase, clause, sentence, or 
 11.3   provision of this compact is declared to be contrary to the 
 11.4   constitution of any party state or of the United States or the 
 11.5   applicability thereof to any government, agency, person, or 
 11.6   circumstance is held invalid, the validity of the remainder of 
 11.7   this compact and the applicability thereof to any government, 
 11.8   agency, person, or circumstance shall not be affected thereby.  
 11.9   If this compact shall be held contrary to the constitution of 
 11.10  any state party thereto, the compact shall remain in full force 
 11.11  and effect as to the remaining party states and in full force 
 11.12  and effect as to the party state affected as to all severable 
 11.13  matters. 
 11.14     (b) In the event party states find a need for settling 
 11.15  disputes arising under this compact: 
 11.16     (1) the party states may submit the issues in dispute to an 
 11.17  arbitration panel which will be comprised of an individual 
 11.18  appointed by the compact administrator in the home state; an 
 11.19  individual appointed by the compact administrator in the remote 
 11.20  states involved; and an individual mutually agreed upon by the 
 11.21  compact administrators of all the party states involved in the 
 11.22  dispute; 
 11.23     (2) the decision of a majority of the arbitrators shall be 
 11.24  final and binding. 
 11.25     Sec. 2.  [148.2856] [APPLICATION OF NURSE LICENSURE COMPACT 
 11.26  TO EXISTING LAWS.] 
 11.27     (a) A nurse practicing professional or practical nursing in 
 11.28  Minnesota under the authority of section 148.2855 shall have the 
 11.29  same obligations, privileges, and rights as if the nurse was 
 11.30  licensed in Minnesota.  Notwithstanding anything to the contrary 
 11.31  in section 148.2855, the board of nursing shall comply with and 
 11.32  follow all laws and rules with respect to registered and 
 11.33  licensed practical nurses practicing professional or practical 
 11.34  nursing in Minnesota under the authority of section 148.2855, 
 11.35  and all such individuals shall be governed and regulated as if 
 11.36  they were licensed by the board.  
 12.1      (b) Section 148.2855 does not relieve employers of nurses 
 12.2   from complying with statutorily imposed obligations.  
 12.3      (c) Section 148.2855 does not supersede existing state 
 12.4   labor laws. 
 12.5      (d) For purposes of the Minnesota Government Data Practices 
 12.6   Act, sections 13.01 to 13.99, an individual not licensed as a 
 12.7   nurse under sections 148.171 to 148.285 who practices 
 12.8   professional or practical nursing in Minnesota under the 
 12.9   authority of section 148.2855 is considered to be a licensee of 
 12.10  the board. 
 12.11     (e) Uniform rules developed by the compact administrators 
 12.12  shall not be subject to the provisions of sections 14.05 to 
 12.13  14.389, except for sections 14.07, 14.08, 14.101, 14.131, 14.18, 
 12.14  14.22, 14.23, 14.27, 14.28, 14.365, 14.366, 14.37, and 14.38.  
 12.15     (f) Proceedings brought against an individual's multistate 
 12.16  privilege shall be adjudicated following the procedures listed 
 12.17  in sections 14.50 to 14.62 and shall be subject to judicial 
 12.18  review as provided for in sections 14.63 to 14.69. 
 12.19     (g) For purposes of sections 62M.09, subdivision 2; 
 12.20  121A.22, subdivision 4; 144.051; 144.052; 145A.02, subdivision 
 12.21  18; 148.975; 148A.01, subdivision 5; 151.37; 152.12; 154.04; 
 12.22  256B.0917, subdivision 8; 595.02, subdivision 1, paragraph (g); 
 12.23  and 631.40, subdivision 2; and chapters 319B and 364, holders of 
 12.24  a multistate privilege who are licensed as registered or 
 12.25  licensed practical nurses in the home state shall be considered 
 12.26  to be licensees in Minnesota.  If any of the statutes listed in 
 12.27  this paragraph are limited to registered nurses or the practice 
 12.28  of professional nursing, then only holders of a multistate 
 12.29  privilege who are licensed as registered nurses in the home 
 12.30  state shall be considered licensees.  
 12.31     (h) The reporting requirements of sections 144.4175, 
 12.32  148.263, 626.52, and 626.557 apply to individuals not licensed 
 12.33  as registered or licensed practical nurses under sections 
 12.34  148.171 to 148.285 who practice professional or practical 
 12.35  nursing in Minnesota under the authority of section 148.2855.  
 12.36     (i) The board may take action against an individual's 
 13.1   multistate privilege based on the grounds listed in section 
 13.2   148.261, subdivision 1, and any other statute authorizing or 
 13.3   requiring the board to take corrective or disciplinary action. 
 13.4      (j) The board may take all forms of disciplinary action 
 13.5   provided for in section 148.262, subdivision 1, and corrective 
 13.6   action provided for in section 214.103, subdivision 6, against 
 13.7   an individual's multistate privilege.  
 13.8      (k) The immunity provisions of section 148.264, subdivision 
 13.9   1, apply to individuals who practice professional or practical 
 13.10  nursing in Minnesota under the authority of section 148.2855. 
 13.11     (l) The cooperation requirements of section 148.265 apply 
 13.12  to individuals who practice professional or practical nursing in 
 13.13  Minnesota under the authority of section 148.2855.  
 13.14     (m) The provisions of section 148.283 shall not apply to 
 13.15  individuals who practice professional or practical nursing in 
 13.16  Minnesota under the authority of section 148.2855. 
 13.17     (n) Complaints against individuals who practice 
 13.18  professional or practical nursing in Minnesota under the 
 13.19  authority of section 148.2855 shall be handled as provided for 
 13.20  in sections 214.10 and 214.103.  
 13.21     (o) All provisions of section 148.2855 authorizing or 
 13.22  requiring the board to provide data to party states are 
 13.23  authorized by section 214.10, subdivision 8, paragraph (d).  
 13.24     (p) Except as provided in section 13.41, subdivision 6, the 
 13.25  board shall not report to a remote state any active 
 13.26  investigative data regarding a complaint investigation against a 
 13.27  nurse licensed under sections 148.171 to 148.285, unless the 
 13.28  board obtains reasonable assurances from the remote state that 
 13.29  the data will be maintained with the same protections as 
 13.30  provided in Minnesota.  
 13.31     (q) The provisions of sections 214.17 to 214.25 shall apply 
 13.32  to individuals who practice professional or practical nursing in 
 13.33  Minnesota under the authority of section 148.2855 when such 
 13.34  practice involves direct physical contact between the nurse and 
 13.35  a patient. 
 13.36     (r) A nurse practicing professional or practical nursing in 
 14.1   Minnesota under the authority of section 148.2855 must comply 
 14.2   with any criminal background check requirements in another law. 
 14.3      Sec. 3.  [148.2857] [WITHDRAWAL FROM COMPACT.] 
 14.4      The governor may withdraw the state from the compact in 
 14.5   section 148.2855 if the board of nursing notifies the governor 
 14.6   that a party state to the compact changed, after July 1, 2003, 
 14.7   the party state's requirements for nurse licensure and that the 
 14.8   party state's requirements, as changed, are substantially lower 
 14.9   than the requirements for nurse licensure in this state. 
 14.10     Sec. 4.  [148.2858] [MISCELLANEOUS PROVISIONS.] 
 14.11     (a) For the purposes of section 148.2855, "head of the 
 14.12  nurse licensing board" means the executive director of the board.
 14.13     (b) The board of nursing shall have the authority to 
 14.14  recover from a nurse practicing professional or practical 
 14.15  nursing in Minnesota under the authority of section 148.2855, 
 14.16  the costs of investigations and dispositions of cases resulting 
 14.17  from any adverse action taken against the nurse.  
 14.18     (c) The board may implement a system of identifying 
 14.19  individuals who practice professional or practical nursing in 
 14.20  Minnesota under the authority of section 148.2855.  
 14.21     Sec. 5.  [148.2859] [NURSE LICENSURE COMPACT ADVISORY 
 14.22  COMMITTEE.] 
 14.23     Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A nurse 
 14.24  licensure compact advisory committee is established to advise 
 14.25  the compact administrator in the implementation of section 
 14.26  148.2855.  Members of the advisory committee shall be appointed 
 14.27  by the board and shall be composed of representatives of 
 14.28  Minnesota nursing organizations, Minnesota licensed nurses who 
 14.29  practice in nursing facilities or hospitals, Minnesota licensed 
 14.30  nurses who provide home care, Minnesota licensed advanced 
 14.31  practice registered nurses, and public members as defined in 
 14.32  section 214.02. 
 14.33     Subd. 2.  [DUTIES.] The advisory committee shall advise the 
 14.34  compact administrator in the implementation of section 148.2855 
 14.35  by consensus of the advisory committee. 
 14.36     Subd. 3.  [ORGANIZATION.] The advisory committee shall be 
 15.1   organized and administered under section 15.059. 
 15.2      Sec. 6.  [EFFECTIVE DATE.] 
 15.3      Sections 1 to 5 are effective upon implementation of the 
 15.4   coordinated licensure information system defined in section 1, 
 15.5   article 7, but no sooner than July 1, 2003.