STATE OF WISCONSIN
Board of Nursing
IN THE MATTER OF RULE-MAKING PROCEEDINGS BEFORE THE
BOARD OF NURSING
ORDER OF THE BOARD OF NURSING
ADOPTING RULES
(CLEARINGHOUSE RULE 15-099)
ORDER
An order of the Board of Nursing to repeal ch. N 5 and N 6.02 (4); to renumber N 6.02 (1); to amend N 6.02 (11) and (12), 6.03 (2) and (3), 6.04 (1), 6.04 (2) (intro), 6.04 (2) (b) and 6.04 (3) (intro), (a) and (b); to repeal and recreate N 6.02 (5) and 6.04 (3) (c); to create N 2 Subchapter V, N 6.02 (1) and 6.02 (10m), relating to renewal, reinstatement and standards of practice. Analysis prepared by the Department of Safety and Professional Services.
ANALYSIS
Explanation of agency authority:
Each examining board shall promulgate rules for its own guidance and for the guidance of the profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular profession. s. 15.08 (5) (b) The board may establish minimum standards or schools for professional nurses and schools for licensed practical nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch. 227. s. 441.01(3), Stats. Related statute or rule: n/a
Plain language analysis:
The Board updated the current renewal chapter to reflect current practices and remove outdated references. The Board also updated the standards of practice chapter to current nursing practice standards.
Sections 1 and 2 repeal the current chapter 5 relating to renewal and creates a new subchapter in Chapter 2. The placement of the renewal and reinstatement provisions as a subsection of the chapter on licensure makes sense as it relates to licensure. This section clarifies that a person who has an expired license may not reapply for a new credential under the initial application process. A person renewing a license within 5 years is required to pay a renewal fee, any late fees and the workforce survey fee and complete the workforce survey. A person renewing after 5 years is required to pay the renewal fee, late fee, and workforce survey fee and evidence of employment requiring a nursing license within the last five years or complete a nursing refresher course. A person who failed to renew a credential within 5 years with unmet disciplinary requirements or has a license which has been surrendered or revoked may apply for reinstatement by showing evidence of rehabilitation or change in circumstances, completing any unfilled disciplinary requirements and if the person has not had an active license in the past five years complete the requirements for renewal beyond 5 years. If a license has been revoked, the person’s license may not be reinstated earlier than one year following revocation. Section 3 renumbers the definition of “basic nursing care” in order to make room alphabetically for a new definition.
Section 4 creates a definition for “advanced practice nurse prescriber”. An advanced practice nurse prescriber is a registered nurse who holds an advanced practice nurse prescriber certificate.
Section 5 repeals the definition of “delegated medical act”.
Section 6 repeals the definition of “delegated nursing act” and creates a definition of “delegated act”. A delegated act is an act delegated to a registered nurse or license practical nurse.
Section 7 creates a definition of “provider”. A provider is a physician, podiatrist, dentist, optometrist or advanced practice nurse prescriber.
Section 8 updates the definitions to reflect a R.N. or L.P.N. includes those who have the privilege to practice in Wisconsin under the Nurse Licensure Compact.
Sections 9 and 10 updates the delegated acts terminology by removing the references to medical and nursing acts, uses the term provider instead of listing the various professions and updates the formatting to current drafting style.
