PROPOSED ORDER OF THE STATE OF WISCONSIN
DEPARTMENT OF VETERANS AFFAIRS
AMENDING RULES REGARDING VA 18
REGISTERED NURSE EDUCATION STIPEND ASSISTANCE PROGRAM
The statement of scope for this rule to modify Chapter VA 18, SS 049-16, was approved by the Governor on May 9, 2016, published in Register No. 725B on May 31, 2016, and approved by Secretary John A. Scocos on June 10, 2016. ORDER
The Department of Veterans Affairs proposes an order to create VA 18.02(1)(e) and to amend VA 18 (title), VA 18.02(1), VA 18.02(1)(a), VA 18.02(1)(b), VA 18.02(2) and VA 18.02(3).
RULE SUMMARY/ANALYSIS
PREPARED BY THE DEPARTMENT OF VETERANS AFFAIRS
2. Statutory authority: Sections 45.50.(2m)(f), 45.03 (2) and 227.10 (2m) 3. Explanation of agency authority:
Section 45.50(2m)(f). The department shall promulgate rules for any program developed under this statute establishing the application process, eligibility criteria, stipend amount, repayment provisions and any other necessary provisions. Section 45.03 (2): Rule-making; records. The secretary, after consulting with the board, may promulgate rules necessary to carry out the purposes of this chapter and the powers and duties conferred upon it. The records and files of the department of military affairs and of any other state department or officer shall, upon request, be made available to the secretary or to the board; and, Section 227.10 (2m), Stats., directs each agency to promulgate rules for the implementation or enforcement of any standard, requirement, or threshold. 4. Related statutes or rules:
None
5. Plain language analysis:
The purpose of the proposed amendment is to convert the existing rule VA 18 to encompass all staff professional development. This rule change will create an application and approval process for the Licensed Practical Nurse (LPN) professional development and create a loan repayment system.
The Nurse Education Assistance Program will have two purposes, to provide stipends to those participants wishing to become an LPN or RN and establish a repayment plan for those who do not complete the program. The Legislative Audit Bureau (Report 11-3) recommended the Department develop and promulgate rules for: (1) the Licensed Practical Nurse Stipend Program that are similar to Ch. VA 18, Wis. Adm. Code, which governs the Registered Nurse Education Stipend Program; and (2) include application procedures, eligibility criteria, maximum stipend amounts, and repayment requirements for participants who do not fulfill their commitments. The proposed rule change will allow those qualified and interested in becoming an LPN or RN to obtain education stipends, and have a repayment strategy for those who do not finish the education program. The Program will operate on an as needed basis determined by the Secretary and be titled the Nurse Education Assistance Program.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations.
Both the current Registered Nurse Education Stipend and the Nurse Education Assistance Program that will be created by amending this rule are administered under the authority of state law. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
7. Comparison with rules in adjacent states:
In reviewing the statutes, rules and websites of veterans departments of adjacent states there is no analog program. Illinois offers a Nursing Education Scholarship Program under 110 ILCS 975, 77 Ill. Admin Code 597, however this is unrelated to employment related to veterans or at a veterans home. Illinois also offers a Veterans Home Nurse Loan Repayment Program under 110 ILCS 972, 23 IAC Ch XIX, Sec 2757, however this offers repayment of existing loans related to time worked at that state’s veterans homes.
8. Summary of factual data and analytical methodologies:
The Department relies on its experience in administering this grant program since its inception in 2004.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
There is no anticipated impact on small businesses.
10. Effect on small business:
There is no anticipated impact on small businesses.
11. Comments and opinions prepared by the Board of Veterans Affairs under s. 45.03(2m), Stats.:
