CR 17-096 Rule Text

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Illinois approves prelicensure programs only. Illinois program approval process includes: a letter of intent, a feasibility study, hiring of a nurse administrator, submission of a curriculum proposal, and a site survey. Continued approval is based upon annual evaluation reports, full routine site visits and maintaining a NCLEX pass rate of 75% of first time test takers. Major and minor curricular changes are reported to the board. The standards for the school include institutional requirements, curriculum standards, clinical standards, nurse administrator and faculty qualifications (allows for variances to faculty standards) and student standards.

Iowa: Iowa approves all schools of nursing (prelicensure and graduate). Iowa program approval process includes: first step involves an application with information regarding the controlling institution and needs assessment; second step involves verification of employment of the head of program, submission of program’s philosophy and objectives, curriculum plan, letter of intent from clinical facilities, evidence of provision of faculty, proposed budget and timeframe for implementation; next step is interim approval based upon program proposal and site visit; final approval is upon graduation of first class and NCLEX pass rate results. Provisional approval may be granted to program until standards are met. Change of controlling institution and changes in administrative personnel in the program. The program shall submit annual reports. The standards for the school include institutional requirements, curriculum standards, clinical standards, nurse administrator and faculty qualifications, student standards and evaluation of the program. NCLEX pass rate standard is a minimum of 95% of the national passing percentage based upon first time test takers within 6 months of graduation.

Michigan: Michigan approves prelicensure programs only. Michigan program approval process includes: the first step requires submission of a letter of intent, evidence of funding and other support, copy of Michigan Department of Career Development approval (if necessary), evidence of availability of clinical experiences, proposed number of students, proposed first date of admission, plans for recruiting director of the program and faculty and a site visit; initial approval involves a self-student report and annual progress reports; full approval is after the graduation of the 2nd class, but no later than graduation of the 4th class (a class for each 12 month period) and requires submission of a self-study report and a site visit. Every 4 years the school shall submit a self-study report and accredited schools shall follow the schedule of the accrediting agency. Program changes shall be submitted to the board. The standards for the school include institutional requirements, curriculum standards, clinical standards, nurse administrator and faculty qualifications (allows for variances to faculty standards), student standards, and evaluation of the program. NCLEX pass rate standard is 75% of first time test takers.

Minnesota: Minnesota approves prelicensure programs only. Minnesota program approval process includes: Phase 1 requires letter of intent including institution information, timetable for development and implementation, documentation of availability of academic facilities, impact on nursing programs in the area; Phase II involves a site visit and documentation of compliance with educational standards in order to be granted initial approval; Phase III is full approval and continual approval based upon meeting the minimum first time NCLEX success rate and acquiring national nursing education accreditation. Minnesota requires surveys of all schools on a periodic basis to maintain approval. NCLEX pass rate standard is 75% of first time test takers. Annual reports shall be submitted to the Board. The standards for the school include institutional requirements, clinical standards, nurse administrator and faculty qualifications, student standards, and evaluation of the program. The curriculum standard is the program must provide diverse learning activities that are consistent with program outcomes. Minnesota has an approval process for schools applying for innovative approaches which may require exemption from certain rules.

Summary of factual data and analytical methodologies:

The Board considered the National Council of State Boards of Nursing’s model practice rules and the rules and processes of our neighboring states and Washington.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments and none were received.

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 [e-mail], or by calling [phone].

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 [phone]; email at [e-mail].

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TEXT OF RULE

Section 1. N 1.02 (1) is amended to read:

N 1.02 (1) “Annual NCLEX pass rate" means the NCLEX pass rates for those who took the NCLEX or advanced practice certification examination between January 1 and December 31.

Section 2. N 1.02 (5g) is amended to read:

N 1.02 (5g) “Institutional accreditation" means that the institution conforms to the standards of education prescribed by a regional or national accrediting commission recognized by the U.S. department of education.

Section 3. N 1.02 (12) is repealed and recreated to read:

N 1.02 (12) “School of professional nursing" means a school preparing nursing students at the associate, bachelor’s, or graduate degree level. This includes schools granting any of the following:

  (a) Certificate of completion for practical nurse licensure or professional nurse licensure.

  (b) Postlicensure bachelor’s degree.

Section 4. N 1.03 (1) (c) is amended to read:

N 1.03 (1) (c) Evidence of the availability of sufficient clinical facilities and resources. No contracts with clinical facilities may be signed until after the institution receives authorization to plan from the board.

Section 5. N 1.04 (1) (a) and (b) are amended to read:

N 1.04 (1) (a) Verification of employment of an educational administrator meeting the qualifications in s. N 1.08 (2) (a).

(b) Evidence of provision employment of sufficient number of faculty meeting the qualifications in s. N 1.08 (3) to teach the courses offered for the first six months.

Section 6. N 1.04 (1) (d) 4. is repealed.

Section 7. N 1.04 (1) (dm) and (em) are created to read:

N 1.04 (1) (dm) Documentation of a school evaluation plan.

(em) Documentation of a plan for student or prospective student access to student policies.

Section 8. N 1.04 (1) (f) 1. is amended to read:

N 1.04 (1) (f) 1. Letter of intent or contracts Written agreements from clinical facilities securing clinical opportunities and documentation of the facility, type, size, number of beds, and type of patients. All written agreements shall be signed and dated after the date on which the school of nursing was granted authorization to plan by the board.

Section 9. N 1.04 (1) (f) 3. is created to read:

N 1.04 (1) (f) 3. Documentation that clinical experiences are representative of all areas of nursing practice covered by the school of nursing’s curriculum.

Section 10. N 1.04 (2g) and (2r) are created to read:

(2g) A school of nursing which has received authorization to admit students shall provide the board on the first day of March, June, September, and December until the school of nursing receives approval, evidence of employment of sufficient number of faculty meeting N 1.08 (3) standards to teach the courses offered four months from the date the report is due.

(2r) The board may review the school of nursing to determine whether s. N 1.08 standards are being met by requiring any of the following:

(a) A site survey.

(b) A self-assessment.

(c) A plan for improvement and any progress reports.

Section 11. N 1.05 (1) (intro) is amended to read:

N 1.05 (1) A school of nursing may apply for approval of the school of nursing upon graduation of the first class or eligibility to sit for the NCLEX, but may not apply later than graduation of the third class. The school of nursing shall submit all of the following:

Section 12. N 1.05 (1) (b) is amended to read:

N 1.05 (1) (b) The school of nursing’s ongoing systematic evaluation plan. The systematic evaluation plan shall including include an evaluation of the NCLEX success annual pass rate of any graduates who took the NCLEX or an advanced practice certification examination.