AB404: Bill Text

LRB-2848/4

MPG:wlj:jf

2013 - 2014 LEGISLATURE

2013 Assembly BILL 404

October 3, 2013 - Introduced by Representatives Kooyenga, Petryk, Nygren, Tranel, Krug, LeMahieu, Knodl, Marklein, Kleefisch and Ballweg, cosponsored by Senators Lasee, Grothman, Cowles, Darling and Petrowski. Referred to Committee on Government Operations and State Licensing.

AB404,1,10 An Act to repeal 449.05 (intro.), 451.06 (2), 452.09 (3) (e), 454.07 (3), 454.24 (3) and 456.04 (intro.); to renumber 442.04 (4) (a), 449.05 (1m), 449.05 (2m), 451.06 (1), 456.04 (1), 456.04 (2), 456.04 (3) and 456.04 (4); to renumber and amend 441.04, 441.06 (1), 441.07 (1), 441.10 (1), 441.10 (3) (a), 442.04 (4) (bm), 442.04 (4) (c), 442.04 (5), 449.04 (1), 450.03 (2), 450.04 (3) (intro.), 450.04 (3) (a), 450.04 (3) (b) and 456.03; to amend 39.393 (1) (c), 253.10 (7), 441.15 (3) (a) (intro.), 441.16 (2), 445.045 (1) (g), 449.04 (title), 449.055 (5) and 459.26 (3); to repeal and recreate 441.07 (title); and to create 440.071, 441.07 (1c), 441.10 (3) (a) 6. and 456.03 (5) of the statutes; relating to: examination requirements for various professional credentials and powers of the Board of Nursing.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Safety and Professional Services (DSPS) and various boards under DSPS administer Wisconsin's professional credentialing laws. For many credentials, DSPS or the relevant board requires that a candidate for a credential complete postsecondary education or other training to be eligible to sit for the examination for the credential.

Under this bill, DSPS or a board may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential, except that an applicant for licensure as a registered nurse or licensed practical nurse must receive approval from the applicant's school of nursing in order to take the licensure examination before graduation. The bill creates an exception from that prohibition for the examination for a real estate appraiser certification or license issued by the Real Estate Appraisers Board.

Also under current law, the Board of Nursing (board) has the authority to conduct disciplinary proceedings and to revoke, limit, suspend, or deny the renewal of a license or certificate granted by the board. Under this bill, the board may also deny an initial license or certificate subject to certain rules.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB404,1 Section 1. 39.393 (1) (c) of the statutes is amended to read:

AB404,2,3 39.393 (1) (c) A program in this state that confers a 2nd degree that will make the person eligible to sit for examination licensure under s. 441.04 441.06 or 441.10.

AB404,2 Section 2. 253.10 (7) of the statutes is amended to read:

AB404,2,12 253.10 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (1g) (f), 448.02 (3) (a), or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e., f., fm., or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 and the department and the county department under s. 46.215, 46.22, or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.

AB404,3 Section 3. 440.071 of the statutes is created to read:

AB404,3,4 440.071 No degree completion requirement to sit for examination. (1) Except as provided under sub. (2), the department or a credentialing board or other board in the department may not require a person to complete any postsecondary education or other program before the person is eligible to take an examination for a credential the department or credentialing board or other board in the department grants or issues.

AB404,3,6 (2) This section does not apply to an examination for a real estate appraiser certification under s. 458.06 or license under s. 458.08.

AB404,4 Section 4. 441.04 of the statutes is renumbered 441.06 (1) (a) and amended to read:

AB404,3,11 441.06 (1) (a) Requisites for examination as a registered nurse. Any person who has graduated The applicant graduates from a high school or its equivalent as determined by the board, does.

AB404,3,13 (b) The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, holds.

AB404,3,18 (c) The applicant holds a diploma of graduation from an accredited school of nursing and, if the school is located outside this state, submits evidence of general and professional educational qualifications comparable to those required in this state at the time of graduation may apply to the department for licensure by the board as a registered nurse, and upon payment of.

AB404,3,20 (d) The applicant pays the fee specified under in s. 440.05 (1) shall be entitled to examination.

AB404,5 Section 5. 441.06 (1) of the statutes is renumbered 441.06 (1) (intro.) and amended to read:

AB404,3,25 441.06 (1) (intro.) An Subject to s. 441.07 (1g), the board shall grant a license as a registered nurse to an applicant for licensure as a registered nurse who complies with all of the following requirements of this subchapter and satisfactorily passes an:

AB404,4,5 (e) The applicant passes the examination shall under s. 441.05 to receive a license as a registered nurse in this state. The applicant may not take the examination before receiving a diploma under par. (c) unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination.

AB404,4,15 (1m) The holder of such a license as a registered nurse under the laws of another state or territory or province of Canada may be granted a license as a registered nurse in this state without examination if the holder's credentials of general and professional educational qualifications and other qualifications are comparable to those required in this state during the same period and if the board is satisfied from the holder's employment and professional record that the holder is currently competent to practice the profession. The board shall evaluate the credentials and determine the equivalency and competency in each case. The application for licensure without examination shall be accompanied by the fee prescribed in s. 440.05 (2).

AB404,6 Section 6. 441.07 (title) of the statutes is repealed and recreated to read:

AB404,4,17 441.07 (title) Disciplinary proceedings and actions.

AB404,7 Section 7. 441.07 (1) of the statutes is renumbered 441.07 (1g), and 441.07 (1g) (intro.), as renumbered, is amended to read:

AB404,5,2 441.07 (1g) (intro.) The board may, after disciplinary proceedings conducted in accordance with Subject to the rules promulgated under s. 440.03 (1), the board may deny an initial license or revoke, limit, suspend, or deny the renewal of a license of a registered nurse, a nurse-midwife, or a licensed practical nurse, may ; deny an initial certificate or revoke, limit, suspend, or deny the renewal of a certificate to prescribe drugs or devices granted under s. 441.16,; or may reprimand a registered nurse, nurse-midwife, or licensed practical nurse, if the board finds that the person applicant or licensee committed any of the following:

AB404,8 Section 8. 441.07 (1c) of the statutes is created to read:

AB404,5,6 441.07 (1c) Subject to the rules promulgated under s. 440.03 (1), the board may conduct investigations and hearings to determine whether a person has violated this chapter or a rule promulgated under this chapter.

AB404,9 Section 9. 441.10 (1) of the statutes is renumbered 441.10 (3) (a) 1. and amended to read:

AB404,5,10 441.10 (3) (a) 1. `Prerequisites for examination as licensed practical nurses.' A person who The applicant is 18 years of age or older, does.

AB404,5,12 2. The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322 and 111.335, has.

AB404,5,14 3. The applicant has completed 2 years of high school or its equivalent as determined by the board and holds.

AB404,5,17 4. The applicant holds a diploma of graduation from an accredited school for licensed practical nurses approved by that the board, may apply to the board for licensing as a licensed practical nurse, and, upon payment of the examination.

AB404,5,19 5. The applicant pays the fee specified in s. 440.05 (1), shall be entitled to take an examination.

AB404,5,21 (ag) Any school for licensed practical nurses, in order to be accredited, must offer a course of not less than 9 months.

AB404,10 Section 10. 441.10 (3) (a) of the statutes is renumbered 441.10 (3) (a) (intro.) and amended to read:

AB404,6,3 441.10 (3) (a) (intro.) On complying with this subchapter relating to applicants Subject to s. 441.07 (1g), the board shall grant a license as a licensed practical nurse to an applicant for licensure as licensed practical nurses, and passing an examination, the applicant shall receive a license as a licensed practical nurse. who satisfies all of the following conditions:

AB404,6,7 (ar) The holder of the a license under this subsection is a "licensed practical nurse" and may append the letters "L.P.N." to his or her name. The board may reprimand or may limit, suspend, or revoke the license of a licensed practical nurse under s. 441.07.

AB404,11 Section 11. 441.10 (3) (a) 6. of the statutes is created to read:

AB404,6,13 441.10 (3) (a) 6. The applicant passes the examination under sub. (2) for licensure as a licensed practical nurse in this state. The applicant may not take the examination before receiving a diploma under subd. 4. unless the applicant obtains a certificate of approval to take the examination from the school of nursing the applicant attends and submits that certificate to the board prior to examination.

AB404,12 Section 12. 441.15 (3) (a) (intro.) of the statutes is amended to read:

AB404,6,18 441.15 (3) (a) (intro.) The Subject to s. 441.07 (1g), the board shall grant a license to engage in the practice of nurse-midwifery to any person licensed as a registered nurse under this subchapter or in a party state, as defined in s. 441.50 (2) (j), who does all of the following:

AB404,13 Section 13. 441.16 (2) of the statutes is amended to read: