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:
N 2.03 (2) (c) Has graduated from a board-approved school of practical nursing; and An applicant who has graduated from a school of practical nursing other than a board-approved school shall be required to demonstrate English competency prior to admission to the NCLEX.
SECTION 5. N 2.03 (2) (d) is repealed.
SECTION 6. N 2.04 (1) (intro.) and (1) (a) are renumbered N 2.04 (1) and amended to read:
N 2.04 (1) Each applicant shall file with the bureau a completed, notarized application on forms provided by the bureau. The application shall include: (a) Signature the signature of the applicant;.
SECTION 7. N 2.04 (1) (b) is repealed.
SECTION 8. N 2.04 (2) and (5) are amended to read:
N 2.04 (2) Nursing schools outside of the United States Schools of professional nursing other than board-approved schools shall forward, directly to the bureau, official transcripts of nursing education for applicants who were graduated from the school. The bureau may accept certified credentials directly from the commission on graduates of foreign nursing schools attesting to receipt of the original transcript or documentation of the applicant's nursing education directly from the school of nursing.
SECTION 9. N 2.04 (5) is repealed.
SECTION 10. N 2.04 (6) is amended to read:
N 2.04 (6) An applicant who has graduated from a school of professional nursing outside the United States
other than a board-approved school shall submit a valid certificate issued by the commission on graduates of foreign nursing schools(CGFNS).
SECTION 11. N 3.03 is repealed and recreated to read:
N 3.03 Qualifications for endorsement. (1) REGISTERED NURSE APPLICANT. (a) A registered nurse holding a license in another state, U.S. territory or province of Canada, or a registered nurse who has held a current license in a compact state within the 5 years prior to application, who has graduated from a board approved school of professional nursing may become licensed in Wisconsin provided the applicant meets all of the following:
2. Has passed the national council licensure examination for registered nurses or the state board test pool examination for registered nurses or other examination approved by the board.
3. Has a license against which no disciplinary action has been taken in any of the states, territories or provinces in which the applicant has held a license.
4. Has not been terminated from any employment related to nursing in another state for reasons of negligence or incompetence.
(b) A registered nurse holding a license in another state or U.S. territory or province of Canada who has not graduated from a board-approved school of professional nursing may become licensed in Wisconsin provided the applicant meets all of the following:
1. Has graduated from a school of professional nursing in this country or the country of original licensure.
2. If originally licensed in a foreign country, has passed the licensure examination in the country of original licensure.
3. Has passed the national council licensure examination for registered nurses or the state board test pool examination for registered nurses or other examination approved by the board.
4. Verifies at least 2 years of full-time or equivalent safe practice as a registered nurse within the last 5 years.
5. Verifies competency in the English language.
6. Has a license against which no disciplinary action has been taken in any of the states, territories, provinces or countries in which the applicant has held a license.
7. Has not been terminated from any employment related to nursing in another state, territory, province or country for reasons of negligence or incompetence.
(2) LICENSED PRACTICAL NURSE APPLICANTS. (a) A practical nurse holding a license in another state, U.S. territory or province of Canada, or a licensed practical nurse who has held a current license in another compact state within the 5 years prior to application, who has graduated from a board-approved school of practical nursing may become licensed in Wisconsin provided the applicant meets all of the following:
2. Has passed the national council licensure examination for practical nurses or the state board test pool examination for practical nurses or other examination approved by the board.
3. Has a license against which no disciplinary action has been taken in any of the states, territories or provinces in which the applicant has held a license.
4. Has not been terminated from any employment related to nursing in another state for reasons of negligence or incompetence.
(b) A practical nurse holding a license in another state or U.S. territory or province of Canada who has not graduated from a board-approved school of practical nursing may become licensed in Wisconsin provided the applicant meets all of the following:
