Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Eric.Esser@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at Sharon.Henes@wisconsin.gov. TEXT OF RULE
Section 1. Subchapter V of N 2 is created to read:
SUBCHAPTER V
RENEWAL
N 2.40 Renewal. (1) General. A person with an expired credential may not reapply for a credential using the initial application process.
(2) Renewal within 5 years. A person renewing the credential within 5 years shall do all of the following:
(a) Pay the renewal fee as determined by the department under s. 440.03(9)(a), Stats. and any applicable late renewal fee. (b) Pay a nursing workforce survey fee.
(c) Complete the nursing workforce survey to the satisfaction of the board.
(3) Renewal after 5 years. This subsection does not apply to credential holders who have unmet disciplinary requirements or whose credential has been surrendered or revoked. A person renewing the credential after 5 years shall do all of the following:
(a) Pay the renewal fee as determined by the department under s. 440.03(9)(a), Stats. and the late renewal fee. (b) Pay a nursing workforce survey fee.
(c) Complete the nursing workforce survey to the satisfaction of the board.
(d) Meet one of the following requirements:
1. Documentation of employment requiring a nursing license within the last five years.
2. Completion of a board approved nursing refresher course or education equivalent to a nursing refresher course. A nursing refresher course requires a limited license for the purpose of completing the clinical component of the course.
NOTE: The licensee may request the Board grant a limited license for the sole purpose of completeing a nurse refresher course.
N 2.41 Reinstatement. A credential holder who has unmet disciplinary requirements and failed to renew the credential within 5 years or whose credential has been surrendered or revoked may apply to have the credential reinstated in accordance with all of the following:
(1) Evidence of completion of the requirements in s. N 2.40(3) if the license has not been active within 5 years. (2) Evidence of completion of the disciplinary requirements, if applicable.
(3) Evidence of rehabilitation or change in circumstances warranting reinstatement.
(4) A revoked license may not be reinstated earlier than one year following revocation. This subsection does not apply to a license that is revoked under s. 440.12, Stats. Section 2. Chapter N 5 is repealed.
Section 3. N 6.02 (1) is renumbered to N 6.02 (1m).
Section 4. N 6.02(1) is created to read:
N 6.02 (1) “Advanced practice nurse prescriber” means a registered nurse who holds an advance practice nurse prescriber certificate under 441.16, Stats.
Section 5. N 6.02 (4) is repealed.
Section 6. N 6.02 (5) is repealed and recreated to read:
N 6.02 (5) “Delegated act” means acts delegated to a registered nurse or licensed practical nurse.
Section 7. N 6.02 (10m) is created to read:
N 6.02 (10m) “Provider” means a physician, podiatrist, dentist, optometrist or advanced practice nurse provider.
Section 8. N 6.02 (11) and (12) are amended to read:
N 6.02 (11) “R.N.” means a registered nurse licensed under ch. 441, Stats. or a nurse who has a privilege to practice in Wisconsin under s. 441.50, Stats. (12) “L.P.N.” means a licensed practical nurse licensed under ch. 441, Stats. or a nurse who has a privilege to practice in Wisconsin under s. 441.50, Stats. Section 9. N 6.03 (2) and (3) are amended to read:
N 6.03 (2) Performance of delegated medical acts. In the performance of delegated medical acts an R.N. shall do all of the following:
(a) Accept only those delegated medical acts for which there are protocols or written or verbal orders;.
(b) Accept only those delegated medical acts for which the R.N. is competent to perform based on his or her nursing education, training or experience;.
(c) Consult with a physician, podiatrist, dentist, or optometrist provider in cases where the R.N. knows or should know a delegated medical act may harm a patient; and,.
(d) Perform delegated medical acts under the general supervision or direction of a physician, podiatrist, dentist or optometrist provider.
(3) Supervision and direction of delegated nursing acts. In the supervision and direction of delegated nursing acts an R.N. shall do all of the following:
(a) Delegate tasks commensurate with educational preparation and demonstrated abilities of the person supervised;.
(b) Provide direction and assistance to those supervised;.
(c) Observe and monitor the activities of those supervised; and,.
(d) Evaluate the effectiveness of acts performed under supervision.
Section 10. N 6.04 (1) is amended to read:
N 6.04 Standards of practice for licensed practical nursing. (1) Performance of acts in basic patient situations. In the performance of acts in basic patient situations, the L.P.N., shall, under the general supervision of an R.N. or the direction of a physician, podiatrist, dentist or, optometrist provider:
(a) Accept only patient care assignments which the L.P.N. is competent to perform;.
(b) Provide basic nursing care;.
(c) Record nursing care given and report to the appropriate person changes in the condition of a patient;.
(d) Consult with an R.N., physician, podiatrist, dentist, optometrist a provider in cases where an L.P.N. knows or should know a delegated nursing or medical act may harm a patient; and.
(e) Perform the following other acts when applicable:
1. Assist with the collection of data;.
