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 Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435.
Agency contact person:
Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-2377; email at DSPSAdminRules@wisconsin.gov.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held on June 14, 2018 to be included in the record of rule-making proceedings.
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TEXT OF RULE
Section 1. N 2.02 (1m), (8m), (9m), and (11) are created to read:
N 2.02 (1m) “Board approved prelicensure education program” means a nurse prelicensure program from a Wisconsin approved school or a prelicensure program approved by another state board of nursing.
(8m) “Multistate license” means a license to practice as a registered or licensed practical nurse issued by Wisconsin that authorizes the licensed nurse to practice in all nurse licensure compact party states under a multistate licensure privilege.
(9m) “Party state” means any state that has adopted the nurse licensure compact.
(11) “Single state license” means a license issued by Wisconsin that does not include a multistate licensure privilege to practice in any other nurse licensure compact party state.
Section 2. N 2.10 (1) (intro.) is amended to read:
N 2.10 (1) (intro) Registered nurse applicants for a single state license. An applicant is eligible for licensure as a registered nurse single state license if the applicant complies with all of the following requirements:
Section 3. N 2.10 (1m) is created to read:
N 2.10 (1m) Registered nurse applicants for a multistate license. An applicant is eligible for a registered nurse multistate license if the applicant meets all of the following requirements:
  (a) Graduated from one of the following:
    1. A board approved prelicensure education program.
    2. A foreign registered nurse prelicensure education program that has been approved by the authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a board approved prelicensure education program.
  (b) If a graduate from a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.
  (c) Successfully passed an NCLEX or recognized predecessor examination.
  (d) Is eligible for or holds an active, unencumbered license.
  (e) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.
  (f) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing.
  (g) Is not currently enrolled in an alternative program.
  (h) Is subject to self-disclosure requirements regarding current participation in an alternative program.
  (i) Holds a valid United States social security number.
Section 4. N 2.10 (2) (intro.) is amended to read:
N 2.10 (2) (intro) Licensed practical nurse applicants for a single state license. An applicant is eligible for licensure a single state practical nurse license if the applicant complies with all of the following requirements:
Section 5. N 2.10 (2m) is created to read:
N 2.10 (1m) Licensed practical nurse applicants for a multistate license. An applicant is eligible for a practical nurse multistate license if the applicant meets all of the following requirements:
  (a) Graduated from one of the following:
    1. A board approved prelicensure education program.
    2. A foreign practical nurse prelicensure education program that has been approved by the authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a board approved prelicensure education program.
  (b) If a graduate from a foreign prelicensure education program not taught in English or if English is not the individual’s native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing, and listening.
  (c) Successfully passed an NCLEX or recognized predecessor examination.
  (d) Is eligible for or holds an active, unencumbered license.
  (e) Has not been convicted or found guilty, or has entered into an agreed disposition, of a felony offense under applicable state or federal criminal law.
  (f) Has not been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing.
  (g) Is not currently enrolled in an alternative program.
  (h) Is subject to self-disclosure requirements regarding current participation in an alternative program.
  (i) Holds a valid United States social security number.
Section 6. N 2.105 is created to read:
N 2.105 Application procedure for a multistate license. (1) Each applicant for a multistate license shall complete and submit an application by the electronic application process or on forms provided by the department, declare Wisconsin as the primary state of residence, and shall pay the fee.
(2) The educational administrator or designee for a board approved prelicensure education program shall submit any of the following:
  (a) Via the electronic application process a verification that the applicant has graduated.
  (b) A certification of graduation.
  (c) An official transcript indicating graduation.
(3) If the applicant graduated from a foreign prelicensure education program, the applicant shall submit a certificate or report demonstrating verification from an independent credentials review agency that the prelicensure education program is comparable to a board approved prelicensure education program.
(4) If the applicant graduated from a foreign prelicensure program was not taught in English or if English is not the applicant’s native language, the applicant shall submit proof of successfully passing an English proficiency examination that includes the components of reading, speaking, writing, and listening.
(5) (a) The board shall notify the applicant of eligibility for admission to the NCLEX once it receives verification of any of the following:
    1. Certificate of approval.
    2. Graduation.
  (b) The applicant shall contact the examination provider to schedule the NCLEX date and time within one year from the time the notice of eligibility is received by the applicant.
  (c) The board shall send notification of results to applicants who fail to earn a passing score on the NCLEX. An applicant may apply to the board for authorization to schedule reexamination. The reexamination may not occur earlier than 45 days after the most recent sitting for the NCLEX.
(6) The applicant shall submit, through an approved process, fingerprints or other biometric-based information for the purpose of obtaining an applicant’s criminal history information from the federal bureau of investigation and the Wisconsin department of justice.
(7) If the applicant has been convicted or found guilty, or has entered into an agreed disposition, of a misdemeanor offense, the applicant shall provide the board all related information necessary for the board to determine whether the circumstances substantially relate to the practice of nursing.
Section 7. N 2.11 (title) is amended to read:
N 2.11 Application procedure for a single state license for applicants from board-approved schools.
Section 8. N 2.12 (title) is amended to read:
N 2.12 Application procedure for a single state license for applicants from comparable schools.
Section 9. N 2.19 (insert in Subchapter III) is created to read:
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