The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp or in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Dept. of Health and Family Services
This order creates rules to guide the use of force to prevent escapes and capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons.
1999 Wisconsin Act 9 created s.
46.058, Stats. That law requires the department to establish rules to define the use of "necessary and appropriate force" in relation to preventing escapes and in pursuing and capturing persons detained at or committed under ch.
980, Stats., who have escaped. This order complies with that statutory requirement.
In addition to defining the use of force in such circumstances, this order sets forth standards for the appropriate use of force in order to provide security at facilities housing such persons. Use of force is sometimes required to prevent injuries, regain control of parts of a facility, control disruptive persons, or prevent property damage. This order requires the adoption of policies and procedures to ensure that only so much force is used as is necessary under the circumstances.
This order also sets forth criteria for the use of firearms and incapacitating agents. Proper and ongoing training is required.
Contact Person
To find out more about the hearing or to request a copy of the proposed rules, please write or phone:
Linda Harris
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 267-7909 or,
if you are hearing impaired, (608) 266-1511 (TTY)
To comment on or discuss the content of the proposed rule, please e-mail or phone:
James Yeadon
Division of Care and Treatment Facilities
P.O. Box 7851, Room 850
Madison, WI 53707-7851
(608) 266-5525 or,
if you are hearing impaired, (608) 266-1511 (TTY)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at the hearing difficult and if you, therefore, require an interpreter, or a non-English, large-print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rule received at the above address no later than June 6, 2001, will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rule governs the use of force to prevent escapes or to capture escaped persons under ch.
980, Stats., and to provide security at facilities housing such persons. This affects the Wisconsin Resource Center and the Sand Ridge Secure Treatment Center. The affected facilities will be required to use force under certain circumstances, with or without this rule, and any costs associated with the use of force will be absorbed within existing resources at Wisconsin Resource Center and Sand Ridge Secure Treatment Center. This rule merely sets parameters for the use of force under certain circumstances and for other security matters. Any fiscal effect as a result of this rule will be positive rather than negative. By having rules in place for the use of force, when such use becomes necessary, the state's potential civil liability will likely be reduced.
Initial Regulatory Flexibility Analysis
The rule changes will not affect small businesses as “small business" is defined in s.
227.114 (1) (a), Stats.
Notice of Hearing
Nursing
Hearing Date, Time and Location
Date: June 1, 2001
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 June 18, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Statute interpreted: s.
441.50, Stats.
By
1999 Wisconsin Act 22, the Wisconsin legislature adopted the Nurse Licensure Compact, by which nurses licensed and residing in one compact state may practice in another compact state without a separate license. Under the Compact, nurses residing in a compact state may be licensed in only one compact state, and that state must be their state of residence. While the Compact creates a practice privilege for registered nurses and licensed practical nurses in all compact states, there is no corresponding practice privilege for advanced practice nurse prescribers (APNPs). APNPs are licensed or certified in each state where they practice regardless of whether their state of practice is a compact state. Accordingly, in order for an APNP who resides and is licensed in another compact state to practice as an APNP in Wisconsin, he or she must be certified as an APNP in this state. The current requirement for certification in Wisconsin is that the applicant be licensed as an RN in this state. That is an impossible condition under the compact, again because a nurse may be licensed in only one compact state, and that state must be the nurse's state of residence. This suggested amendment to the rule would suspend the requirement that the applicant for APNP certification be licensed in Wisconsin if he or she is duly licensed as an RN in another compact state.
Text of Rule
SECTION 1. N 4.03 (3) is amended to read:
N 4.03 (3) Is currently licensed to practice as a professional nurse in Wisconsin, or is currently licensed to practice professional nursing in another state which has adopted the interstate nursing compact.
SECTION 2. N 4.04 (1) (d) and (3) are amended to read:
N 4.04 (1) (d) Identification of current licensure as a professional nurse in Wisconsin, to include licensure or of current licensure in another state which has adopted the interstate nursing compact, including the license number and renewal information.
(3) Renewal of a license to practice nurse-midwifery shall be conducted as a separate procedure from the renewal of the nurse's license as a professional nurse; however the time for renewal of each license shall be the same. The applicant for renewal shall inform the board whether the license [certificate] issued to him or her by the American college of nurse-midwives has been revoked or suspended.
SECTION 3. N 4.04 (4) is created to read:
N 4.04 (4) The applicant for renewal shall inform the board whether the certificate issued to him or her by the American college of nurse-midwives has been revoked or suspended.
SECTION 4. N 8.02 (1) (a) is amended to read:
N 8.02 (1) (a) The registered nurse has a current license to practice professional nursing in this state, or has a current license to practice professional nursing in another state which has adopted the interstate nursing compact;
SECTION 5. N 8.03 (1) is amended to read:
N 8.03 (1) Has a current license to practice as a professional nurse in this state or has a current license to practice professional nursing in another state which has adopted the interstate nursing compact.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s.
227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495
Notice of Hearing
Nursing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Board of Nursing in ss.
15.08 (5) (b),
227.11 (2) and
441.01 (3), Stats., and interpreting ss.
441.01 (3) and
(4),
441.05,
441.06 (1) and
441.10 (3) (d), Stats., the Board of Nursing will hold a public hearing at the time and place indicated below to consider an order to repeal N 2.03 (1) (d) and (2) (d), 2.04 (1) (b) and (5), 3.04 (1) (a) and (b), (5) and (6) and 3.05 (2) (b) and (c); to renumber N 3.04 (7); to renumber and amend N 2.04 (1) (intro.) and (1) (a), 3.04 (2), (3), (4) and 3.05 (2) (a); to amend N 2.02 (2), 2.03 (1) (c), (2) (c), 2.04 (2), (5) and (6) and 3.04 (1) (intro.); to repeal and recreate N 3.03; and to create N 3.04 (1) (c), relating to board-approved schools, application procedures and licensure by endorsement.
Hearing Date, Time and Location
Date: June 1, 2001
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
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 June 18, 2001 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
Section 1 further defines “board-approved school" to include institutions located in the United States, a U.S. territory, or a province of Canada. Sections 2 and 4 relate to applicants who graduate from a school other than a board-approved school, including that if an applicant graduates from a school other than a board-approved school, are required to demonstrate English competency prior to admission to the NCLEX. Sections 8 and 10 also relate to schools other than board approved schools.
Sections 3 and 5 repeal sections as a result of the amendments made in Sections 1, 2 and 4. Section 6 amends s.
N 2.04 as a result of the renumbering of that section.
Section 7 repeals rules relating to photographs for identification purposes as this is no longer a requirement.
Section 11 repeals and recreates s.
N 3.03, qualifications for endorsement. The endorsement rules currently tend to be confusing, with some provisions unclear, and others superfluous. Therefore, the board repeals and recreate the rules relating to endorsement.
Text of Rule
SECTION 1. N 2.02 (2) is amended to read:
N 2.02 (2) “Board-approved school" means an institution located in the United States, a U.S. territory, or a province of Canada which has a school, college, program or department of nursing which meets standards of the board or holds accreditation by a board-recognized nursing accreditation agency.
SECTION 2. N 2.03 (1) (c) is amended to read:
N 2.03 (1) (c) Has graduated from a board-approved school of professional nursing. An applicant who has graduated from a school of professional nursing other than a board-approved school shall be required to take and satisfactorily complete a board-approved qualifying examination prior to admission to the NCLEX.
SECTION 3. N 2.03 (1) (d) is repealed.
SECTION 4. N 2.03 (2) (c) is amended to read:
