Wisconsin Legislature: Register480A

SECTION 1. DOD 15.03 (3) is repealed and recreated to read:

DOD 15.03 (3) An application by a community-based organization for a grant under this section shall be in such form as the department may require and shall include information relevant to all the applicable criteria in s. DOD 15.05 (1).

SECTION 2. DOD 15.03 (4) is repealed.

SECTION 3. DOD 15.03 (5) to (7) are renumbered (4) to (6).

SECTION 4. DOD 15.03 (5) (e) is created to read:

DOD 15.03 (5) (e) Development or implementation of a plan which substantially meets the intent of this section.

SECTION 5. DOD 15.035 (3) is repealed and recreated to read:

DOD 15.035 (3) An application by a political subdivision for a grant under this section shall be in such form as the department may require and shall include information relevant to all the applicable criteria in s. DOD 15.05 (1).

SECTION 6. DOD 15.035 (4) is repealed.

SECTION 7. DOD 15.04 (3) is renumbered 15.04 (2).

SECTION 8. DOD 15.04 (3) is created to read:

DOD 15.04 (3) An application by a community based organization for a grant under this section shall be in such form as the department may require and shall include information relevant to all the applicable criteria in s. DOD 15.05.

SECTION 9. DOD 15.04 (4), (6) and (9) are repealed.

SECTION 10. DOD 15.04 (7) and (8) are renumbered 15.04 (4) and (6).

SECTION 11. DOD 15.045, is created to read:

DOD 15.045 Regional economic development grants. (1) The department may make a grant under this section to a community-based economic development organization for regional economic development activity if all of the provisions of s. 560.14 (4) (a), Stats., apply.

(2) Before awarding a grant under this section, the department shall consider all of the following:

(a) Each of the factors in s. DOD 15.05 (1) (a).

(b) The prospects for new investment and economic development in the region.

(d) The likely impact of the economic development activity on the economy of the region.

(e) The likelihood that one or more businesses will relocate outside the region if the economic development activity does not occur.

(f) The size of the region affected by the economic development activity.

(g) The likelihood that the economic development activity will enhance other economic development efforts, compliment an existing development zone, development opportunity zone or enterprise development zone project, or build upon other economic development activities in the region.

(h) The likelihood that the economic development activity will result in increased spending in the region by persons who reside outside the region.

(3) An application for a grant under this section shall be in such form as the department may require and shall include information relevant to the criteria in subs. (1) and (2).

SECTION 12. DOD 15.05 is renumbered 15.06 and as renumbered, 15.06 (1) is amended to read:

DOD 15.06 (1) Out of each annual appropriation under s. 20.143 (1) (fg), Stats., the department shall set aside an amount equal to the greater of $100,000 or 10% for grants under s. DOD 15.045, no less than 25% for grants made under ss. DOD 15.03 and 15.035 and no less than 25% for grants made under s. DOD 15.04. Following the receipt and examination of applications, the department shall determine that part of the remainder of the appropriation that shall be used for grants under ss. DOD 15.03 and 15.035 and that part that shall be used for grants under s. DOD 15.04.

SECTION 13. DOD 15.05 is created to read:

DOD 15.05 Grant considerations. (1) Before making a determination under ss. DOD 15.03, 15.035 or 15.04, the department shall consider all of the following:

(a) The level of economic distress in the area, as measured by the following factors:

1. The unemployment rate in the area.

2. The percentage of persons in the area with low to moderate income.

3. The percentage of households in the area receiving aid to families with dependent children under s. 49.19, Stats.

4. The number of persons in the area permanently laid off because of a major business closing subject to s. 109.07, Stats.

5. The extent to which the property values in the area are declining.

6. The extent to which the population in the area is declining.

(b) The need and demand for the project.

(d) The qualifications of the persons who will be managing and operating the project.

(e) The level of community support, including financial support, for the project.

(f) The viability of the project.

(g) The likelihood that the project will result in the creation or retention of jobs.

(h) The likelihood that the project will result in business development.

(i) Whether the project is located in or near an area that has been designated as a development zone under s. 560.71, Stats., a development opportunity zone under s. 560.795, Stats., or a enterprise development zone under s. 560.797, Stats.

(j) To the extent applicable, the factors listed in 15.05 (2).

(2) In addition to the factors in sub. (1) the department shall consider the factors in pars. (a) and (b) before making a grant to a community-based organization under s. DOD 15.04.

(a) The potential of the business incubator or technology-based incubator to help start businesses.

(b) The potential of the business incubator or technology-based incubator to provide employment opportunities.

(3) In addition to the factors in subs. (1) and (2), the department shall consider the factors in pars. (a) to (d) before making a grant to a community- based organization for a revolving loan fund under s. DOD 15.04 (1) (d) .

(a) The need and demand for a tenant revolving loan fund.

(b) Local bank support for and participation in the tenant revolving loan fund.

(d) The operating plan for the tenant revolving loan fund.

SECTION 14. DOD 15.06 is renumbered 15.07 and as renumbered, 15.07 (1) and (2) are amended to read:

DOD 15.07 (1) The department shall prepare an application manual manuals for grants under ss. DOD 15.03, 15.035, 15.04, and 15.045 which it may update as needed. The manual manuals shall contain the application procedures, requirements and instructions for funding under this chapter and shall be made available to potential applicants at least 2 months before the annual competition.

(2) The department shall hold an annual competition competitions for grants under s. DOD 15.03, an annual competition for grants under s. DOD 15.035 and an annual competition for grants under s. DOD 15.04 ss.DOD 15.03, 15.035, 15.04 and 15.045. The competition for grants under s. DOD 15.04 shall be divided into 4 categories for s. DOD 15.04 (1) (a), (b), (c) and (d) grant determinations.

SECTION 15. DOD 15.07 (3) is created to read:

DOD 15.07 (3) The department may make a grant under ss. DOD 15.03, 15.035, 15.04 or 15.045 after examining the application and any other information it deems relevant if, based upon the applicable criteria in ss. DOD 15.045 and 15.05, the application submitted by the applicant compares favorably to other applications received during the fiscal year. The department shall fund only those proposals which, in its judgement, effectively address the applicable criteria even if the department's determination results in the expenditure of less than the total funding allocated for such grants under s. DOD 15.06 (1).

SECTION 16. DOD 15.07 and 15.08 are renumbered 15.08 and 15.09.

Board of Nursing

Notice is hereby given that pursuant to authority vested in the Board of Nursing in ss. 15.08 (5) (b), 227.11 (2), 441.01 (3) and 441.16 (3), Stats., and interpreting s. 441.16 (4), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal and recreate N 8.08 (1), relating to requirements for malpractice insurance coverage for advanced practice nurse prescribers.

Hearing Information

January 11, 1996 Room 179A

Thursday 1400 E. Washington Ave.

2:15 p.m. Madison, Wisconsin

Appearances At The Hearing

Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by January 26, 1996 to be included in the record of rule-making proceedings.

Analysis Prepared by the Department of Regulation and Licensing

Statutes authorizing promulgation: ss. 15.08 (5) (b), 227.11 (2), 441.01 (3) and

441.16 (3)

Statute interpreted: s. 441.16 (4)

In this proposed rule-making order, the Board of Nursing repeals and recreates s. N 8.08 (1), to better define the requirements for malpractice insurance coverage for advanced practice nurse prescribers (APNPs). The current rule specifies merely that APNPs must “maintain in effect malpractice insurance in an amount not less than the amount set forth in s. 655.23 (4), Stats.” The rule fails to specify that the insurance policy must provide individual coverage rather than shared coverage. In shared coverage, the policy limits apply to malpractice incidents, regardless of the number of individual insured parties who are involved. The current rule also does not account for APNPs who practice in employment settings where they are covered under the patient compensation fund, and APNPs who are employed by state and local governmental subdivisions and who are therefore immune from personal liability while so employed.

Paragraph (a) provides that APNPs who are not covered by an employer's policy and who are not exempt must maintain personal liability malpractice insurance.

Paragraph (b) applies to APNPs who are employed by a health care provider which is not covered under the patients compensation fund. Such an APNP must have individual coverage; or, where the APNP is covered under the employer's shared group policy, must certify that he or she shall not prescribe independently except under the supervision of an individual physician who, as such, has patient compensation fund coverage; or, where the APNP is covered under the employer's group policy which provides qualifying individual coverage for the APNP, must certify that the APNP will not prescribe independently other than as the employe of that health care provider, or as otherwise exempted from liability or covered under the patients compensation fund.

Paragraph (c) provides that an APNP who is employed by a health care provider covered under the patient compensation fund must certify that he or she shall not prescribe independently except as an employe of the covered health care provider, or as otherwise exempted from liability or individually covered by qualifying malpractice insurance.

Paragraph (d) provides that an APNP who is employed by an exempt governmental subdivision must certify that he or she shall not prescribe independently except as an employe of that subdivision, or as otherwise covered by the patients compensation fund or individually covered by qualifying malpractice insurance.

Text of Rule

SECTION 1. N 8.08 (1) is repealed and recreated to read:

N 8.08 Malpractice insurance coverage. (1) Advanced practice nurse prescribers shall maintain in effect malpractice insurance as follows:

(a) An advanced practice nurse prescriber who engages in independent prescribing other than as the employe of a group practice under par. (b) 3., as the employe of a health care provider, as defined in s. 655.001 (8), Stats., under par. (c), or as the employe of a governmental subdivision, as defined at s. 180.0103, Stats., shall maintain personal liability malpractice coverage in an amount not less than the amounts set forth in s. 655.23 (4), Stats.

(b) An advanced practice nurse prescriber who practices as the employe of a health care provider, where the employing health care provider is a partnership under s. 655.002 (1) (d), Stats., a corporation under s. 655.002 (1) (e), Stats., or a cooperative sickness care association under s. 655.002 (1) (f), Stats., shall submit to the board one of the following:

1. Evidence that the nurse maintains personal liability coverage in the amounts specified in s. 655.23 (4), Stats.

2. Evidence that the nurse has malpractice coverage under a group liability policy providing shared employe coverage for the nurse in the amounts set forth in s. 655.23 (4), Stats. An advanced practice nurse prescriber covered under such a group policy shall certify on forms provided by the board that the nurse does not and shall not engage in any prescribing practice other than under the direction and supervision of a physician.

3. Evidence that the nurse has malpractice insurance coverage under a group liability policy providing individual coverage for the nurse in the amounts set forth in s. 655.23 (4), Stats. An advanced practice nurse prescriber covered under such a group policy shall certify on forms provided by the board that the nurse does not and shall not engage in independent prescribing other than as the employe of the group practice, as the employe of a health care provider under par. (c), or as the employe of a governmental subdivision under par. (d).

(c) An advanced practice nurse prescriber who practices as the employe of a health care provider, where the employing health care provider practices in his or her individual capacity under s. 655.002 (1) (a), (b) or (c), Stats., where the employing health care provider is an ambulatory surgery center under s. 655.002 (1) (g), Stats., where the employing health care provider is a hospital under s. 655.002 (1) (h), Stats., where the employing health care provider is an affiliate of a hospital under s. 655.002 (1) (i), Stats., where the employing health care provider is a hospital-connected nursing home under s. 655.002 (1) (j), Stats., or where the employing health care provider and its employes otherwise qualify for coverage under s. 655.005 (2), Stats., shall certify on forms provided by the board that the advanced practice nurse prescriber does not and shall not engage in independent prescribing other than as the employe of such health care provider, as the employe of a group practice under par. (b) 3., or as the employe of a governmental subdivision under par. (d).

(d) An advanced practice nurse prescriber who practices exclusively as the employe of a governmental subdivision, as defined under s. 180.0103 (10), Stats., shall certify on forms provided by the board that the advanced practice nurse prescriber does not and shall not engage in independent prescribing other than as the employe of such governmental subdivision, as the employe of a group practice under par. (b) 3., or as the employe of a health care provider under par. (c).