Section N 2.12 (2) (intro.) is revised to clarify that acceptable documentation of nursing education is the same for education completed at a nursing school located in a U.S. territory and education completed at a nursing school located in the United States.
Section N 2.12 (2) (a) is revised to allow a professional nursing applicant to document education by submitting a credential evaluation service academic report and demonstration of passing a Board-accepted language proficiency exam.
The requirements for single-state licensure by endorsement in ss. N 2.20 (endorsement of an applicant from a nurse licensure compact state) and N 2.21 (endorsement of an applicant from another U.S. state, U.S. territory, or Canada) are consolidated.
Section N 2.21 (2) (e), which requires an applicant to provide the Board with all information related to termination from any employment related to nursing, is revised to apply to termination from employment that occurred within the 10 years immediately preceding the date of application.
Section N 2.35 (1), relating to renewal of a temporary permit for a registered nurse or practical nurse, is revised to reflect the provisions of 2017 Wisconsin Act 329 by eliminating the requirement to complete the nursing workforce survey. Summary of, and comparison with, existing or proposed federal regulation:
None.
Comparison with rules in adjacent states:
Illinois:
An applicant is eligible for nurse licensure by examination if the applicant completes an application, pays the applicable fee, submits to a criminal background check, and graduates from an approved school. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure if the applicant completes an application; pays the fee; submits to a criminal background check; graduates from an approved school; and submits verification of licensure status from the jurisdiction of original licensure, the current state of licensure, and all states the applicant has directly practiced in within the last 5 years. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools.
Iowa:
An applicant is eligible for nurse licensure by examination if the applicant graduated from high school or the equivalent, completes an application, pays the applicable fee, graduated from an approved program, and passes the NCLEX. If the person has a criminal conviction history or prior disciplinary action, the applicant must receive board approval. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse from a compact state must submit a completed application, pay the applicable fee, and declare Iowa as their primary state. A nurse is eligible for licensure by endorsement from a non-compact state if the applicant completes an application, pays the applicable fee, provides verification of original licensure and nursing program transcripts, and submits to a criminal background check. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. If the person has a criminal conviction history or prior disciplinary action, the applicant must receive board approval.
Michigan:
An applicant is eligible for nurse licensure by examination if the applicant completes an application, pays the applicable fees, and verifies successful completion of an approved nursing education program and the NCLEX. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure by endorsement if the applicant completes an application, pays the applicable fee, verifies graduation from an approved school of nursing, and was first licensed in another state pursuant to passage of NCLEX.
Minnesota:
An applicant is eligible for licensure by examination if the applicant completes an application, pays the applicable fee, and verifies graduation from an approved nursing school and successful completion of the NCLEX. If educated outside of the United States, the education must be evaluated by the Commission on Graduates of Foreign Nursing Schools. A nurse is eligible for licensure by endorsement if the applicant completes an application, pays the applicable fee, verifies licensure in another jurisdiction and successful completion of an examination acceptable to the board, and answers questions related to any prior disciplinary actions. If the applicant has not engaged in acceptable nursing practice within the 2 years preceding application, the applicant must complete one contact hour of continuing education for each month that the applicant was not engaged in acceptable practice, subject to a maximum of 60 hours. If the applicant has not practiced for more than 5 years, the applicant must complete a nurse refresher course.
Summary of factual data and analytical methodologies:
The Board reviewed the provisions of ch. N 2, taking into consideration stakeholder feedback and the provisions of 2017 Wisconsin Act 329. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.
Effect on small business:
These 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 Daniel.Hereth@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. To be included in the record of rule-making proceedings, comments must be received at or before the public hearing to be held on the proposed rules. Information concerning the date, time, and location of the public hearing will be published in the Wisconsin Administrative Register and posted on the Legislature’s website at https://docs.legis.wisconsin.gov/code/chr/hearings. ---------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. N 2.12 (2) (intro.) is amended to read:
N 2.12 (2) (intro.) The school of professional nursing or practical nursing shall forward directly to the department, official transcripts of nursing education for applicants who graduated from the school. If the applicant graduated from a school of professional nursing or practical nursing from a U.S. territory or outside not located in the United States or a U.S. territory, the applicant shall submit any of the following:
Section 2. N 2.12 (2) (a) is renumbered N 2.12 (2) (a) (intro.) and amended to read:
N 2.12 (2) (a) (intro.) For a professional nursing applicant, a valid certificate issued by the commission on graduates of foreign nursing schools or another board−approved entity which evaluates education. one of the following:
Section 3. N 2.12 (2) (a) 1. and 2. are created to read:
N 2.12 (2) (a) 1. A valid certificate issued by the Commission on Graduates of Foreign Nursing Schools or another board−approved entity that evaluates education.
2. A credential evaluation service academic report and demonstration of passing a board-accepted language proficiency exam.
Section 4. N 2.20 is repealed.
Section 5. N 2.21 (title), (1) (a) (intro.) and (b) (intro.), and (2) (e) are amended to read:
N 2.21 (title) Endorsement of an applicant from another U.S. state, territory or Canada for a single state license.
(1) (a) (intro.) A license from a another U.S. state that has not adopted the nurse licensure compact under s. 441.51, Stats., a U.S. territory, or Canada is considered to have met educational and other qualifications comparable to those required in this state provided the requirements of the initial license included all of the following:
(b) (intro.) An applicant, whose initial license from another U.S. state, U.S. territory, or Canada does not meet the requirements in par. (a), shall submit all of the following to the board to assist the board in determining whether the qualifications are comparable:
(2) (e) An applicant who has been terminated from any employment related to nursing within the 10 years immediately preceding the date of application shall provide the board with all related information necessary to determine current competency.
Section 6. N 2.35 (1) is amended to read:
N 2.35 (1) A temporary permit for a registered nurse or practical nurse may be renewed once by completing an application, completing a nursing workforce survey and payment of paying applicable fees.
Section 7. Effective date. The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, pursuant to s. 227.22 (2) (intro.), Stats. ---------------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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Dated _________________ Agency __________________________________
Board Chair
Board of Nursing
