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:
1. Has graduated from a school of practical 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 practical nurses or the state board test pool examination for practical nurses or other examination approved by the board.
4. Verifies at least 2 years of full-time or equivalent safe practice as a practical 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.
Note: A list of methods by which English competency may be demonstrated is available at the board office located at P.O. Box 8935, 1400 East Washington Avenue, Madison, Wisconsin 53708.
SECTION 12. N 3.04 (1) (intro.) is amended to read:
N 3.04 Application procedure for R.N. and L.P.N. applicants. (1) Each applicant shall file a completed,
signed and notarized application on forms provided by the bureau
, along with the fee specified under s. 440.05 (1), Stats. The application shall include all of the following:
SECTION 13. N 3.04 (1) (a) and (b) are repealed.
SECTION 14. N 3.04 (2) and (3) are renumbered N 3.04 (1) (a) and (b) and amended to read:
N 3.04 (1) (a) Statement A statement of graduation shall be forwarded directly from the applicant's school of nursing indicating date applicant completed the nursing program and confirmation that the nursing program was board-approved at time of graduation.
(b) Verification of license shall be forwarded from the state, territory or province in which the original license by examination was issued.
SECTION 15. N 3.04 (1) (c) is created to read:
N 3.04 (1) (c) If originally licensed in a foreign country, verification of having passed the licensure examination in the country of original licensure.
SECTION 16. N 3.04 (4) is renumbered N 3.04 (1) (d) and amended to read:
N 3.04 (1) (d) All Notarized translations of all statements and documents written in a foreign language shall be accompanied by notarized translations. The cost of the translation shall be paid by the applicant.
SECTION 17. N 3.04 (5) and (6) are repealed.
SECTION 18. N 3.04 (7) is renumbered N 3.04 (2).
SECTION 19. N 3.05 (2) (a) is renumbered N 3.05 (2) and amended to read:
N 3.05 (2) An R.N. or L.P.N. licensed in any state, U.S. territory, or province of Canada may be granted a temporary permit from the board upon receipt of a completed application
indicating no past or pending disciplinary actions in another state, proof of graduation from a board-approved school of professional or practical nursing or current licensure in another state,
demonstrating that the applicant has met the requirements of s. N 3.03 (1) or (2), the fee specified in s.
440.05 (2), Stats.,
and the permit fee specified in s.
440.05 (6), Stats
., and upon meeting the requirements under s. N 3.04 (6).
SECTION 20. N 3.05 (2) (b) and (c) are repealed.
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.
