STATE OF WISCONSIN
Board of Nursing
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
BOARD OF NURSING
PROPOSED ORDER OF THE BOARD OF NURSING ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Board of Nursing to amend N 7.01 (2) and N 7.03 (intro) relating to grounds for denying a credential.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: s. 441.07 Explanation of agency authority:
The board shall promulgate rules for the guidance of the profession and define and enforce professional conduct and unethical practices not inconsistent with the law relating to nursing.
The board may establish rules to prevent unauthorized persons from practicing professional nursing and approve all rules for the administration of ch. 441, Stats. Related statute or rule: Ch. N 7 Plain language analysis:
This rule clarifies that ch. N 7 also to provides grounds for denying an initial license or certificate. 2013 Act 114 amended s. 441.07, Stats to give authority to the board to deny an initial license or certificate. This rule updates ss. N 7.01 (2) and N 7.03 (intro) to reflect that change in authority. Summary of, and comparison with, existing or proposed federal regulation: None
Comparison with rules in adjacent states:
Illinois: Illinois specifies unethical or unprofessional conduct is grounds for discipline as well as grounds for refusing to issue a license.
Iowa: Iowa does not specify that the grounds for discipline are the same for denying an initial license.
Michigan: Michigan does not specify that the grounds for discipline are the same for denying an initial license.
Minnesota: Minnesota specifies the grounds for discipline are the same grounds for denying an initial license.
Summary of factual data and analytical methodologies:
The board incorporated the authority to deny an initial license into rules of conduct chapter.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rule was posted for economic comments for 14 days and none were received.
