SB70: Bill Text

SB70,2839 Section 2839 . 440.981 (1) of the statutes is amended to read:

SB70,1482,11 440.981 (1) No person may use the title “licensed midwife," describe or imply that he or she is a licensed midwife, or represent himself or herself as a licensed midwife unless the person is granted a license under this subchapter or is licensed as a nurse-midwife under s. 441.15 an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

SB70,2840 Section 2840 . 440.982 (1) of the statutes is amended to read:

SB70,1482,17 440.982 (1) No person may engage in the practice of midwifery unless the person is granted a license under this subchapter, is granted a temporary permit pursuant to a rule promulgated under s. 440.984 (2m), or is licensed as a nurse-midwife under s. 441.15 an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09.

SB70,2841 Section 2841 . 440.983 (1) of the statutes is amended to read:

SB70,1482,23 440.983 (1) The renewal date for licenses granted under this subchapter is specified in shall be as determined by the department under s. 440.08 (2) (a). Renewal applications shall be submitted to the department on a form provided by the department and shall include the renewal fee determined by the department under s. 440.03 (9) (a).

SB70,2842 Section 2842 . 440.987 (2) of the statutes is amended to read:

SB70,1483,4 440.987 (2) One member who is licensed as a nurse-midwife under s. 441.15 an advanced practice registered nurse and possesses a certified nurse-midwife specialty designation under s. 441.09 and who practices in an out-of-hospital setting.

SB70,2843 Section 2843. 440.992 (6) of the statutes is repealed.

SB70,2844 Section 2844 . 440.9935 of the statutes is amended to read:

SB70,1483,11 440.9935 Renewal. The renewal date for certificates of registration issued under this subchapter is specified in shall be as determined by the department under s. 440.08 (2) (a), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department.

SB70,2845 Section 2845 . 441.001 (1c) of the statutes is created to read:

SB70,1483,16 441.001 (1c) Advanced practice registered nursing. “Advanced practice registered nursing” means the practice of a certified nurse-midwife, the practice of a certified registered nurse anesthetist, the practice of a clinical nurse specialist, and the practice of a nurse practitioner.

SB70,2846 Section 2846 . 441.001 (3c) of the statutes is created to read:

SB70,1483,22 441.001 (3c) Practice of a certified nurse-midwife. “Practice of a certified nurse-midwife” means practice in the management of women's health care, pregnancy, childbirth, postpartum care for newborns, family planning, and gynecological services consistent with the standards of practice of the American College of Nurse-Midwives or its successor.

SB70,2847 Section 2847 . 441.001 (3g) of the statutes is created to read:

SB70,1484,5 441.001 (3g) Practice of a certified registered nurse anesthetist. “Practice of a certified registered nurse anesthetist” means providing anesthesia care, pain management care, and care related to anesthesia and pain management for persons across their lifespan, whose health status may range from healthy through all levels of acuity, including persons with immediate, severe, or life-threatening illness or injury, in diverse settings, including hospitals, ambulatory surgery centers, outpatient clinics, medical offices, and home health care settings.

SB70,2848 Section 2848 . 441.001 (3n) of the statutes is created to read:

SB70,1484,10 441.001 (3n) Practice of a clinical nurse specialist. “Practice of a clinical nurse specialist” means providing advanced nursing care, primarily in health care facilities, including the diagnosis and treatment of illness for identified specific populations based on a specialty.

SB70,2849 Section 2849 . 441.001 (3r) of the statutes is created to read:

SB70,1484,16 441.001 (3r) Practice of a nurse practitioner. “Practice of a nurse practitioner” means practice in ambulatory, acute, long-term, or other health care settings as a primary or specialty care provider who provides health services, including assessing, diagnosing, treating, or managing acute, episodic, and chronic illnesses.

SB70,2850 Section 2850 . 441.001 (3w) of the statutes is created to read:

SB70,1484,19 441.001 (3w) Prescription order. “Prescription order” has the meaning given in s. 450.01 (21).

SB70,2851 Section 2851 . 441.001 (5) of the statutes is created to read:

SB70,1484,22 441.001 (5) Recognized role. “Recognized role” means one of the following roles:

SB70,1484,23 (a) Certified nurse-midwife.

SB70,1484,24 (b) Certified registered nurse anesthetist.

SB70,1484,25 (c) Clinical nurse specialist.

SB70,1485,1 (d) Nurse practitioner.

SB70,2852 Section 2852 . 441.01 (3) of the statutes is amended to read:

SB70,1485,9 441.01 (3) The board may promulgate rules to establish minimum standards for schools for professional nurses and, schools for licensed practical nurses, and schools for advanced practice registered nurses, including all related clinical units and facilities, and make and provide periodic surveys and consultations to such schools. It The board may also establish promulgate rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch. 227.

SB70,2853 Section 2853 . 441.01 (4) of the statutes is amended to read:

SB70,1485,16 441.01 (4) The board shall direct that those schools that qualify be placed on a list of schools the board has approved for professional nurses or, of schools the board has approved for licensed practical nurses, or of schools the board has approved for advanced practice registered nurses on application and proof of qualifications;, and the board shall make a study of nursing education and initiate promulgate rules and policies to improve it.

SB70,2854 Section 2854 . 441.01 (7) (a) (intro.) and 1. of the statutes are amended to read:

SB70,1485,21 441.01 (7) (a) (intro.) The board shall require each applicant for the renewal Biennially, each holder of a registered nurse or licensed practical nurse license issued under this chapter to shall do all of the following as a condition for renewing the license:

SB70,1485,24 1. Complete and submit to the department with the application for renewal of the license a nursing workforce survey developed by the department of workforce development under s. 106.30 (2).

SB70,2855 Section 2855 . 441.01 (7) (a) (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB70,1486,5 441.01 (7) (a) (intro.) Biennially, each holder of a registered nurse or, licensed practical nurse, or licensed advanced practice registered nurse license issued under this chapter shall do all of the following:

SB70,2856 Section 2856 . 441.01 (7) (b) of the statutes is amended to read:

SB70,1486,13 441.01 (7) (b) The board may not renew a registered nurse or licensed practical nurse license under this chapter unless the renewal applicant has completed the nursing workforce survey to the satisfaction of the board. The board shall establish standards to determine whether the nursing workforce survey has been completed. The board shall, by no later than June 30 of each odd-numbered year, submit all completed nursing workforce survey forms to the department of workforce development.

SB70,2857 Section 2857 . 441.01 (7) (c) of the statutes is created to read:

SB70,1486,17 441.01 (7) (c) An applicant who is renewing both a registered nurse and advanced practice registered nurse license under s. 441.09 (1) (c) is only required to pay a single fee under par. (a) 2.

SB70,2858 Section 2858 . 441.06 (title) of the statutes is repealed and recreated to read:

SB70,1486,19 441.06 (title) Registered nurses; civil liability exemption.

SB70,2859 Section 2859 . 441.06 (3) of the statutes is amended to read:

SB70,1487,2 441.06 (3) A registered nurse practicing for compensation shall, on or before the applicable renewal date specified determined by the department under s. 440.08 (2) (a), submit to the board on furnished forms a statement giving name, residence, and other facts that the board requires, with the nursing workforce survey and fee required under s. 441.01 (7) and the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB70,2860 Section 2860 . 441.06 (3) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB70,1487,10 441.06 (3) A Except as provided in s. 441.09 (1) (c), a registered nurse practicing for compensation shall, on or before the applicable renewal date determined by the department under s. 440.08 (2), submit to the board on furnished forms a statement giving name, residence, and other facts that the board requires, with the applicable renewal fee determined by the department under s. 440.03 (9) (a).

SB70,2861 Section 2861 . 441.06 (4) of the statutes is amended to read:

SB70,1487,20 441.06 (4) Except as provided in ss. 257.03 and 440.077, no person may practice or attempt to practice professional nursing, nor use the title, letters, or anything else to indicate that he or she is a registered or professional nurse unless he or she is licensed under this section. Except as provided in ss. 257.03 and 440.077, no person not so licensed may use in connection with his or her nursing employment or vocation any title or anything else to indicate that he or she is a trained, certified or graduate nurse. This subsection does not apply to any registered nurse who holds a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted the nurse licensure compact under s. 441.51.

SB70,2862 Section 2862 . 441.06 (7) of the statutes is renumbered 441.09 (7) and amended to read:

SB70,1487,25 441.09 (7) Civil liability. No person certified licensed as an advanced practice registered nurse prescriber under s. 441.16 (2) this section is liable for civil damages for any of the following:

SB70,1488,5 (a) Reporting in good faith to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the advanced practice nurse prescriber's registered nurse's judgment impairs the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB70,1488,10 (b) In good faith, not reporting to the department of transportation under s. 146.82 (3) a patient's name and other information relevant to a physical or mental condition of the patient that in the advanced practice nurse prescriber's registered nurse's judgment does not impair the patient's ability to exercise reasonable and ordinary control over a motor vehicle.

SB70,2863 Section 2863 . 441.07 (1g) (intro.), (a), (c) and (e) of the statutes are amended to read:

SB70,1488,20 441.07 (1g) (intro.) Subject to the rules promulgated under s. 440.03 (1), the board may deny an initial license or revoke, limit, suspend, or deny the renewal of a license of a registered nurse, nurse-midwife advanced practice registered nurse, or licensed practical nurse; deny an initial certificate or revoke, limit, suspend, or deny the renewal of a certificate to prescribe drugs or devices granted under s. 441.16; or reprimand a registered nurse, nurse-midwife advanced practice registered nurse, or licensed practical nurse, if the board finds that the applicant or licensee committed any of the following:

SB70,1488,21 (a) Fraud in the procuring or renewal of the certificate or license.

SB70,1488,24 (c) Acts which that show the registered nurse, nurse-midwife advanced practice registered nurse, or licensed practical nurse to be unfit or incompetent by reason of negligence, abuse of alcohol or other drugs, or mental incompetency.

SB70,1489,3 (e) A violation of any state or federal law that regulates prescribing or dispensing drugs or devices, if the person has a certificate to prescribe drugs or devices under s. 441.16 may issue prescription orders under s. 441.09 (2).

SB70,2864 Section 2864 . 441.09 of the statutes is created to read:

SB70,1489,8 441.09 Advanced practice registered nurses; civil liability exemption. (1) License. (a) An applicant who satisfies all of the following requirements may apply to the board for initial licensure by the board as an advanced practice registered nurse:

SB70,1489,9 1. The applicant satisfies one of the following criteria:

SB70,1489,11 a. The applicant holds a valid license to practice as a registered nurse issued under s. 441.06 (1), (1c), or (1m).

SB70,1489,13 b. The applicant applies concurrently for a license under s. 441.06 (1), (1c), or (1m) with the application for a license under this paragraph.

SB70,1489,16 c. The applicant is a registered nurse who holds a multistate license, as defined in s. 441.51 (2) (h), issued by a jurisdiction, other than this state, that has adopted the nurse licensure compact.

SB70,1489,18 2. The applicant provides evidence satisfactory to the board that he or she satisfies one of the following criteria:

SB70,1489,23 a. The applicant has completed a graduate-level or postgraduate-level education program that is approved by the board and that prepares the applicant for the practice of advanced practice registered nursing in one of the 4 recognized roles, and the applicant holds a current certification by a national certifying body approved by the board.

SB70,1490,2 b. On January 1, 2023, the applicant was licensed as a registered nurse in this state and was practicing in a recognized role, and the applicant satisfies additional criteria established by the board by rule under sub. (6) (a) 3. relating to practice, education, or certification.

SB70,1490,3 3. The applicant pays the fee specified under s. 440.05 (1).

SB70,1490,5 4. The applicant provides to the board evidence of any malpractice liability insurance coverage required under sub. (5).

SB70,1490,7 5. If the applicant is applying to receive a certified nurse-midwife specialty designation under par. (b) 1., the applicant does all of the following:

SB70,1490,9 a. Provides evidence satisfactory to the board that the applicant is currently certified by the American Midwifery Certification Board or its successor.

SB70,1490,10 b. Files with the board any plan required under sub. (3m) (i).

SB70,1490,12 6. The applicant does not have an arrest or conviction record, subject to ss. 111.321, 111.322, and 111.335.

SB70,1490,15 7. The applicant meets any other criteria established by the board by rule under sub. (6) (a) 3. relating to the education, training, or experience required for each recognized role.

SB70,1490,21 (b) 1. a. Subject to s. 441.07 (1g), the board shall grant an advanced practice registered nurse license to an applicant the board determines meets the requirements under par. (a). The board shall also grant a person who is granted a license under this subd. 1. a. one or more specialty designations corresponding to the recognized roles for which the board determines that the person qualifies based on the person's qualifications under par. (a).

SB70,1491,2 b. The board shall grant an advanced practice registered nurse license to each individual who, on the day before the effective date of this subd. 1. b. .... [LRB inserts date], was certified to issue prescription orders under s. 441.16, 2021 stats. The board shall also grant a person who is granted a license under this subd. 1. b. one or more specialty designations corresponding to the recognized roles for which the board determines that the person qualifies based on the person's qualifications.

SB70,1491,7 c. The board shall grant an advanced practice registered nurse license to each individual who, on the day before the effective date of this subd. 1. c. .... [LRB inserts date], was licensed as a nurse-midwife under s. 441.15, 2021 stats. The board shall also grant a person who is granted a license under this subd. 1. c. a nurse-midwife specialty designation.

SB70,1491,9 2. Each specialty designation granted under subd. 1. shall appear on the person's advanced practice registered nurse license.

SB70,1491,12 3. The board may not grant an advanced practice registered nurse license to a person applying concurrently for a license under s. 441.06 (1), (1c), or (1m), unless the board also grants the person the license under s. 441.06 (1), (1c), or (1m).

SB70,1491,14 4. The board may place specific limitations on a person licensed as an advanced practice registered nurse as a condition of licensure.

SB70,1491,17 5. If all of the following apply to a person, a notation indicating that the person may not issue prescription orders shall appear on the person's advanced practice registered nurse license:

SB70,1491,20 a. The person is granted an advanced practice registered nurse license under subd. 1. a. and satisfies only par. (a) 2. b. but not par. (a) 2. a., or the person is granted an advanced practice registered nurse license under subd. 1. c.

SB70,1491,22 b. On January 1, 2023, the person did not hold a certificate under s. 441.16 (2), 2021 stats.

SB70,1492,11 (c) On or before the applicable renewal date determined by the department under s. 440.08 (2), an advanced practice registered nurse shall submit to the board on a form furnished by the board a statement giving his or her name and residence, the nursing workforce survey and fee required under s. 441.01 (7), evidence of having satisfied the continuing education requirements under sub. (4), evidence of any malpractice liability insurance coverage required under sub. (5), any plan required under sub. (3m) (i), current evidence that the person satisfies each of the requirements under par. (a) 1., 2., 5. a., and 7. that apply with respect to the person, and any other information that the board requires by rule, with the applicable renewal fee determined by the department under s. 440.03 (9) (a). The board shall grant to a person who satisfies the requirements under this paragraph the renewal of his or her advanced practice registered nurse license and specialty designations granted under par. (b) 1. and shall, if the person holds a license under s. 441.06 (1), (1c), or (1m), also grant the renewal of that license.

SB70,1492,15 (2) Prescribing authority. (a) Except as provided in par. (b), an advanced practice registered nurse may issue prescription orders, subject to the rules promulgated under sub. (6) (a) 1. and 4., and may provide expedited partner therapy in the manner described in s. 441.092.