1. Type of Estimate and Analysis | 2. Date |
☐ Original ☐ Updated ☐Corrected | April 13, 2022 |
3. Administrative Rule Chapter, Title and Number (and Clearinghouse Number if applicable) |
Permanent Rule - N 2 |
4. Subject |
Modification of Board review process to take the NCLEX |
5. Fund Sources Affected | 6. Chapter 20, Stats. Appropriations Affected |
☐ GPR ☐ FED ☐ PRO ☐ PRS ☐ SEG ☐ SEG-S | s. 20.165 (1) (g) |
7. Fiscal Effect of Implementing the Rule |
☐ No Fiscal Effect ☐ Indeterminate | ☐ Increase Existing Revenues ☐ Decrease Existing Revenues | ☐ Increase Costs ☐ Decrease Costs ☐ Could Absorb Within Agency’s Budget |
8. The Rule Will Impact the Following (Check All That Apply) |
☐ State’s Economy ☐ Local Government Units | ☐ Specific Businesses/Sectors ☐ Public Utility Rate Payers ☐ Small Businesses (if checked, complete Attachment A) |
9. Estimate of Implementation and Compliance to Businesses, Local Governmental Units and Individuals, per s. 227.137(3)(b)(1). $0 |
10. Would Implementation and Compliance Costs Businesses, Local Governmental Units and Individuals Be $10 Million or more Over Any 2-year Period, per s. 227.137(3)(b)(2)? ☐ Yes ☐ No |
11. Policy Problem Addressed by the Rule |
Chapter N 2 contains the application procedures for single state and multistate licenses, which includes the provision that the Board of Nursing will make the applicants eligible to take the NCLEX upon receiving proof of graduation or completion of the educational requirements of a nursing program. The Board of Nursing has reviewed this requirement in an effort to make nurse applications go through the licensure process much faster than in the past and has decided to make applicants eligible to take the NCLEX once they submit proof of anticipated graduation or completion of the educational program. The modification of the process will require applicants to provide the required information when they start applying for licensure. Applicants will be responsible for providing proof of completion before taking the examination and will have to inform the Board of any changes that may affect their ability to take the NCLEX. However, the Board will still require formal proof of graduation or certificate of approval as a condition to issue the license. |
12. Summary of the Businesses, Business Sectors, Associations Representing Business, Local Governmental Units, and Individuals that may be Affected by the Proposed Rule that were Contacted for Comments. |
None |
13. Identify the Local Governmental Units that Participated in the Development of this EIA. |
None |
14. Summary of Rule’s Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State’s Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred) |
The proposed rule will have minimal to no economic impact on small businesses and the state’s economy as a whole. The Department estimates a one-time fiscal impact of $4,600 and an ongoing annual fiscal impact of $2,500, which may be absorbed in the agency budget. |
15. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule |
This rule is necessary for the public to increase health care access by modifying the Board review process that allows nurse applicants to take the National Council Licensure Examination (NCLEX). An expeditious promulgation of the proposed rule is in the best interest of Wisconsin’s economy and public welfare, as it will help ensure the opportunity for nurses in Wisconsin to join the workforce sooner by making the eligibility process more accessible. |
16. Long Range Implications of Implementing the Rule |
The long range implications of implementing the rule is to modify the eligibility process to take the NCLEX, which will make the process faster and, in turn, have more applicants join the workforce sooner. |
17. Compare With Approaches Being Used by Federal Government |
None |
18. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota) |
Illinois: Illinois Compiled Statutes mentions that nursing applicants need to pass a department approved exam. [225 ILC 65/60-10]. The Illinois Administrative Code states that each applicant shall file an application if the applicant has taken and passed the NCLEX. The application process is initiated by applying with a testing service designated by the Division. [Ill Admin Code Section 1300.300] Even though, neither Compiled Statutes nor the Administrative Code, explicitly state the requirements of eligibility to take the exam, the process set by the Illinois Department of Financial and Professional Regulation consists of applicants registering through Continental Testing and Pearson VUE. First-time applicants are required to provide certification of education and proof of fingerprinting when applying with Continental Testing, which will approve the applicants upon reception of the required documentation. Iowa: The Iowa Board of Nursing establishes that applicants need an authorization to test from the board in order to take the NCLEX. The board will issue an authorization to test upon receipt of: 1. Application with required fee; 2. Proof of fingerprinting; 3. Official transcripts sent directly from the nursing program and; 4. Proof of NCLEX registration, including payment for the exam. [655 IAC s. 3.4 (4)] Michigan: The Michigan Compiled Statutes mentions that nursing applicants need to pass a required examination as approved by the board [333 MCL Section 17213]. Michigan Administrative Code establishes that applicants must show that they meet the eligibility requirements to take the NCLEX, which are: 1. Submit a completed application with the required fee and; 2. Provide proof of completion of an appropriate education program that meets the requirements set forth by the board. [MI Admin. Rules R 338.10203 and R 338.10204] Minnesota: The Minnesota Statutes requires nursing applicants to pass a national examination approved by the board [MN Stats 148.211]. The Minnesota Administrative Code establishes that the board will make applicants eligible to take the NCLEX upon receiving the following: 1. Application with required fee and; 2. Confirmation of program completion. [MN Admin. Code 6305.0400 Subp. 12] |
19. Contact Name | 20. Contact Phone Number |
Sofia Anderson | 608-261-4463 |
ATTACHMENT A |
1. Summary of Rule’s Economic and Fiscal Impact on Small Businesses (Separately for each Small Business Sector, Include Implementation and Compliance Costs Expected to be Incurred) |
2. Summary of the data sources used to measure the Rule’s impact on Small Businesses |
3. Did the agency consider the following methods to reduce the impact of the Rule on Small Businesses? |
☐ Less Stringent Compliance or Reporting Requirements ☐ Less Stringent Schedules or Deadlines for Compliance or Reporting ☐ Consolidation or Simplification of Reporting Requirements ☐ Establishment of performance standards in lieu of Design or Operational Standards ☐ Exemption of Small Businesses from some or all requirements ☐ Other, describe: |
4. Describe the methods incorporated into the Rule that will reduce its impact on Small Businesses |
5. Describe the Rule’s Enforcement Provisions |
6. Did the Agency prepare a Cost Benefit Analysis (if Yes, attach to form) |
☐ Yes ☐ No |
